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8,574 | John Peng Zhang | University of Miami | [
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] | {"8574_101.pdf": "instructor resigns after TikTok of pornographic bookmark goes viral Update, April 30, 5:30 p.m.: The University of Miami released an updated statement Thursday, adding that Zhang resigned from his position. Click here to download the full statement. By Jesse Lieberman - April 28, 2020 TikTok posted by a student highlights a professor\u2019s pornographic bookmark tab spotted while he was sharing his screen during a Zoom class on March 26th. Photo credit: iFunny 2/17/25, 3:03 instructor resigns after TikTok of pornographic bookmark goes viral - The Miami Hurricane 1/5 Update, April 30, 8:25 p.m.: The university further clarified that Zhang was formerly employed as a lecturer and not a professor University of Miami instructor was teaching a business analytics class over Zoom and sharing his screen when students spotted something unexpected\u2013 a pornographic bookmark tab describing college girls. Videos, photos and social media posts capturing the incident soon went viral, and the lecturer, John Peng Zhang, is no longer employed at UM. The chain of events began on March 26 when a student left his microphone on during a business analytics Zoom class. He noticed a bookmarked tab on the professor\u2019s screen that read \u201cBusty College girl fu\u2026\u201d, and he pointed out the tab for the whole class to hear. With this, much of the class soon took notice, aside from the professor. Zhang continued teaching the class as normal, while the students quickly snapped photos and videos of the incident. By the end of the class session, videos of Zhang\u2019s screen started to spread on social media, notably first on TikTok. By the time Zhang\u2019s next class started, many of the students had already seen the eight-second video which zoomed in on Zhang as he talked and then panned over to the bookmark, above it a miami.edu website URL. The bookmark remained for another session that evening giving students more of an opportunity to spread it on social media TikTok posted by a student highlights a professor\u2019s pornographic bookmark tab spotted while he was sharing his screen during a Zoom class on March 26th. Photo credit: iFunny \u201cIt was insane\u2026it blew up,\u201d said freshman business law major Samantha Hill, a student in one of Zhang\u2019s classes. \ue809 2/17/25, 3:03 instructor resigns after TikTok of pornographic bookmark goes viral - The Miami Hurricane 2/5 The original TikTok video garnered more than 800,000 views in a handful of hours. Multiple students in different sessions of Zhang\u2019s class said the TikTok video was the first time they saw the link and their professor online. Within 24 hours screenshots and recordings of the TikTok had been spread to notable Instagram pages including Fifthyear, Barstool and others, reaching millions of followers had friends sharing it with me from other schools who saw it,\u201d said Ethan Hartz, a freshman business student who was in the business analytics class when attention was first brought to the bookmark. Despite the original TikTok being deleted, it can still be found online and screengrabs remain on several different social media pages. Zhang addressed the incident with his class the following session don\u2019t know how it happened,\u201d he said didn\u2019t see it, I\u2019m pretty sure everybody else did\u2026My apologies to the class.\u201d Zhang then sent out an email to the class saying he was \u201cinvestigating\u201d the matter and encouraging students not to share images of the link. Calls from The Miami Hurricane to Zhang requesting comment for this article were not returned. At least one more session was held normally, for some classes two. But eventually, when class time came around again, Zhang did not reappear, leaving students in an online class session alone. Students remained in the Zoom session alone for approximately 20 minutes until they received an email from the business analytics department chair Robert Plant informing them class was cancelled. This would be the only communication students would receive from administration. Both Plant and Ann Olazabal, the vice dean for undergraduate business education, declined to comment was concerned something had happened,\u201d Hartz said. Multiple students expressed similar feelings. With no communication from administration and a professor not appearing in the midst of a pandemic, students were left worrying something bad had happened. Several admitted they thought he may have fallen sick, or worse day later after the vague email, the instructors of the courses were changed to Gery Perez and Maikel Espinosa. They both uploaded new syllabi and changed the class from Zoom to Blackboard Ultra with little notice. Neither of the instructors returned emails requesting for comment. As the course changes took place, students began to consider the gravity of the situation. \u201c[My] first thought was this is super funny,\u201d Hartz said. His feelings were similar to that of several of his peers, first laughter then deeper feelings. Soon they began to realize the potential implications of the video being everywhere and the power of the internet felt guilty afterwards for even sharing it with my close friends,\u201d he said. The student who posted the viral TikTok video expressed similar views felt bad about the attention it was getting,\u201d he said. He deleted his post after he realized how active it was. Expressing remorse over many of the comments aimed towards Zhang on various online pages, he continued didn\u2019t want him to lose his job thought he would be fine felt really bad for him.\u201d Some students never found it funny and saw danger in the video immediately. Jade Johnson, a junior marketing major in Zhang\u2019s class, told her classmates to stop posting it as soon as she found out. \ue809 2/17/25, 3:03 instructor resigns after TikTok of pornographic bookmark goes viral - The Miami Hurricane 3/5 \u201cThis is someone\u2019s livelihood,\u201d she said. Johnson immediately saw the potential implications of the video being so broadly watched and knew his job could be at risk told my friends, this guy could lose his job.\u201d Johnson was correct. Zhang has been removed from the school website, his email is no longer active and his classes this semester in the course catalogue have been changed to reflect their new instructors. His name has been expunged from all affiliated websites confirmed Zhang is no longer employed by the university. Johnson explained that earlier in the semester when she was experiencing personal problems, Zhang was the most caring of all her professors and said he seemed sincere. \u201cHe was one of my only professors who seemed to care,\u201d she said. Johnson also said she felt Zhang didn\u2019t deserve to lose his job think firing him is a little extreme\u2026He didn\u2019t do anything illegal,\u201d she said. One of the issues raised with students was the specifics of the pornographic bookmark, mainly that it was related to a college student. \u201cIt was the fact he is a college professor and saved a video to his bookmarks describing college girls,\u201d Hill said video to watch over and over again.\u201d Hill isn\u2019t alone\u2013 other female students expressed discomfort over the bookmark. They said that for female students, it could be hard to have future discussions with him without thinking about it. \u201cIt\u2019s hard not to think he\u2019s looking at you like that,\u201d she said wouldn\u2019t turn my camera on don\u2019t want him to look at me.\u201d Despite differing views on the proper punishment for the incident, several students in Zhang\u2019s classes expressed a similar dissatisfaction with how the matter was handled and communication from administration. \u201cWe heard absolutely nothing from the school,\u201d Hill said. This left students wondering what was a rumor and what was true. Although a couple classes received an email from Plant about cancelled class, Hill said her class received no such email. Students received an email from the department chair responsible for the business analytics class, Robert Plant, in the middle of their normal class time informing them class had been cancelled. No future updates were provided on Zhang's termination to students. Photo credit: Jesse Lieberman Even students that did receive the email said they would have appreciated more closure. \u201cThe email was super vague,\u201d Hartz said wish they had just said what happened in it.\u201d \ue809 2/17/25, 3:03 instructor resigns after TikTok of pornographic bookmark goes viral - The Miami Hurricane 4/5 The student who posted the TikTok was contacted by administration and asked to take it down. Several students said they were never contacted or reached out to discuss what happened during the Zoom incident. Johnson felt as though reaching out to students about what happened during class would have been beneficial. \u201cThey could have just done a simple questionnaire and asked us what happened,\u201d she said. Questions addressing these concerns were emailed to Olazabal. She declined to comment. As new professors took over Zhang\u2019s workload, they proceeded to delete the syllabuses that had been in place for the entire semester and upload their own. Some of which had no grading rubric listed and referenced different textbooks. Students also lost access to all the previous resources Zhang had provided via his personal website. Hill said when she reached out to her new professors expressing some of these concerns, she was simply instructed not to worry about grades. She expressed frustration over a project being graded by professors who didn\u2019t assign it or develop the rubric for it. \u201cI\u2019m frustrated with the fact there has been no guidance from the school or the department,\u201d Hill said. \u201cIt\u2019s really not our fault and feel like we are being thrown under the bus.\u201d Both Plant and Olazabal declined to comment. \u201cThey have two very different teaching styles,\u201d Johnson said. Espinosa and Perez did not return emails requesting comment. In response to questions about the incident, the university provided this statement: \u201cThe University of Miami aggressively investigates all complaints of inappropriate behavior or sexual harassment. After receiving a complaint through the University\u2019s ethics hotline, the incident was investigated by the Office of the Provost, Title investigator and Miami Herbert Business School.\u201d No further comments were provided. Jesse Lieberman \ue809 2/17/25, 3:03 instructor resigns after TikTok of pornographic bookmark goes viral - The Miami Hurricane 5/5", "8574_102.pdf": "Breaking News Australia Video University Guide Deep Dive China Debate Meghan Markle Prince Harry King Charles Weather Login Home News Royals U.S. Sport Showbiz Femail Health Science Money Travel Podcasts Shopping shares 1.3k University of Miami professor resigns students after spot his 'busty college girls' browser bookmark in Zoom conference that goes viral on TikTok University of Miami business professor John Peng Zhang has resigned after he was caught having a porn bookmark in his browser for 'busty college girls' Zhang was hosting a Zoom video class with his students on March 26 Students noted his porn bookmark and made a Tik Tok video of it that went viral Days later Zhang stopped teaching and the class was assigned new teachers The university confirmed Wednesday that Zhang left the university after his embarrassing gaffe was exposed Change.org petition has gathered over 1,000 signatures for his reinstatement By PUBLISHED: 15:20 GMT, 30 April 2020 | UPDATED: 19:50 GMT, 30 April 2020 University of Miami professor has resigned after students noticed a porn bookmark describing 'busty college girls' on his internet browser during a Zoom video conference class and footage of his screen went viral on Tik Tok. Business analytics lecturer John Peng Zhang, who has taught at the school since August, left his post after the students exposed his embarrassing blunder last month. The professor was having a Zoom class with his students on March 26 when they noticed he bookmarked a page entitled 'Busty college girl fu student filmed video of his browser and posted it on the video app Tik Tok, where it went viral. The story was exposed by student newspaper the Miami Hurricane this week. 62 View comments Site Web Enter your search England and Wales's most dangerous streets: Map of 37,000 neighbourhoods lays bare hotspots for violent and sexual offences... so how crime-ridden is distr... 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Students noticed his browser during a March 26 Zoom class and made a Tik Tok out of it that went viral +5 View gallery Heartbroken family of British father, 37, who was 'left to die alone in Las Vegas' are the hotel he died in and the ambulance company White Lotus fans 'grossed out' by Patrick Schwarzenegger's full frontal scene amid 'creepy' incest storyline The secret influencers hierarchy: Our snitch leaks the real to list of the social media elite, from the top entry who's the talk of Hollywood to the freshly... BAFTAs 2025 viral moments: From Zoe Saldana's expletive- laden speech to Selena Gomez's blunder and Kylie Jenner's bemused reaction to host David Tennant I'm a neurologist who cured my chronic lower back pain in five simple steps... here's how you can too Jacob Elordi doesn't look like this anymore! 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Hours later the clip went viral with more than 800,000 views. In the clip the for miami.edu was visible, linking the professor to the University of Miami. 'It was insane\u2026it blew up,' freshman business law major Samantha Hill, a student in one of Zhang\u2019s classes, said to the Miami Hurricane had friends sharing it with me from other schools who saw it,' a freshman business student who was in the business analytics class when the bookmark was first noticed said. +5 View gallery More than 30 million Americans have now lost their jobs amid... Doctor who took part in remdesivir study says it's a The mystery of Meghan's jam... from a sticky issue with the trademark to the Montecito farmers who know nothing about its production 'More extremists in the than the Middle East': Counter- extremism analyst warns the is becoming a 'global powerbase' for radical Islam due to Keir Starmer'... 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But after another cringe-fest parade of celebrity Valentine's pictures, here's my message to these nauseatingly n NEIL: This is a watershed in Europe's history. For decades we have lavished billions on welfare and sent the bill 2/17/25, 3:04 University of Miami professor resigns after porn bookmark goes viral | Daily Mail Online 3/42 The student who posted the Tik Tok instantly regretted it after seeing how Zhang was being removed from the class felt bad about the attention it was getting didn\u2019t want him to lose his job thought he would be fine felt really bad for him,' the student said The original has been deleted but has circulated on social media by college-humor media outlets like Barstool. The day after the Tik Tok blew up Zhang addressed the matter with his students saying don\u2019t know how it happened didn\u2019t see it, I\u2019m pretty sure everybody else did\u2026My apologies to the class.' He sent an email to his pupils saying he was 'investigating' the matter and encouraged students to not share images of the link. Students received an email from business analytics department chair Robert Plant informing them class was cancelled, but no further explanation was offered. Days later students were emailed about new instructors and syllabi for the class. '[My] first thought was this is super funny,' one student said felt guilty afterwards for even sharing it with my close friends.' The student who posted the Tik Tok instantly regretted it after seeing how Zhang was being removed from the class felt bad about the attention it was getting didn\u2019t want him to lose his job thought he would be fine felt really bad for him,' the student said. +5 View gallery for our defence to America - and Trump ... 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The university confirmed Wednesday that Zhang left the university after his gaffe was exposed. 'The University of Miami aggressively investigates all complaints of inappropriate behavior or sexual harassment,' according to a school statement. 'After receiving a complaint through the University's ethics hotline, the incident was investigated by the Office of the Provost, Title investigator and Miami Herbert Business School. The University can confirm that John Peng Zhang resigned and is no longer employed at the University of Miami.' According to Zhang's online resume he has worked as a business school lecturer at UM's Coral Gables, Florida campus since August following positions at the University of Oregon and Florida International University Change.org petition has been launched for his reinstatement with more than 1,000 signatures. +5 View gallery Embed this How Meghan's 'Californian' hugs rubbed the Palace up the wrong way: Duchess 'fuelled gossip she was flirting with Prince William' This stupid law has turned me into a drug mule - and I've been forced to sell my home and racked up \u00a3100,000 debt buying cannabis for my daughter viewers left 'disgusted' as beloved stars Timothy West, Bernard Hill and Brian Murphy are 'snubbed' from In Memoriam tribute Kylie Jenner and Timoth\u00e9e Chalamet can't keep their hands off each other at the BAFTAs after she skipped the red carpet Michael Hutchence's daughter Tiger Lily, 28, appears to confirm pregnancy as she shows off her bare baby bump in art photos Where is the 'Hot Felon' now? 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RedTailedDeer, Boston, United States, 5 years ago Woops. Yes, porn is not ok! The people who make it are the really guilty ones. Click to rate 88 201 Anonymous, Unknown, 5 years ago Give me a Break! Fire every guy in the workplace for God's sake. Click to rate 362 41 tkjh, HKSAR, China, 5 years ago Some people like busty girls, some like flat chested ones, nothing wrong with that, to each his own. Click to rate 269 33 username 87, Stockholm, Sweden, 5 years ago That was extreme, poor man. Click to rate 693 54 ginkap, Houston, United States, 5 years ago Porn ruining lives Harry moved to tears as he is praised for changing lives of so many people in Invictus Games closing ceremony - before Meghan posts 'so proud of you took my newborn to the doctor for a minor symptom. 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Fox and played a Laker Girl is unrecognizable... can you guess who Jesse Eisenberg explains reason for Kieran Culkin's absence from BAFTAs as he accepts acting award on his Real Pain co-star's behalf Vanessa Kirby is the epitome of elegance in a black bardot gown with thigh-high split as she arrives at the BAFTAs ahead of presenting an award Cher, Madonna, and Anya Taylor-Joy bring the star power to Chris Rock's 60th birthday bash in 2/17/25, 3:04 University of Miami professor resigns after porn bookmark goes viral | Daily Mail Online 13/42 Meghan Markle is 'feeling the pressure' and has been 'working very hard for five months' as she establishes herself as an influencer Leo Woodall looks more loved-up than ever with glamorous girlfriend Meghann Fahy as they attend the star-studded 2025 BAFTAs Pictured: Incredible Wiltshire home actor Stephen Mangan bought with his sisters to help cope with the early deaths of both their parents Jake Paul claims Mike Tyson was diagnosed with Parkinson's before their Netflix fight in shock reveal From Love Island to red carpet royalty! Molly-Mae Hague makes surprise appearance at the 2025 BAFTAs as she shows off her sense of style Kourtney Kardashian shares rare snap with stepdaughter Alabama Barker as she shows off Valentine's Day roses s. Lisa Vanderpump's daughter Pandora welcomes baby number two as she shares precious new photo Camila Cabello left shivering as she flaunts her jaw-dropping figure in a daring sheer gown while hitting the chilly red carpet at 2025 BAFTAs Hugh Grant, 64, cuts a dapper figure as he joins leggy wife Anna Eberstein, 42, for rare red carpet appearance at the 2025 BAFTAs Kyle Walker splashes out on \u00a310,000 -a-week city centre Milan apartment for himself as he adjusts to his new club - but his wife Annie Kilner has stayed at home 2/17/25, 3:04 University of Miami professor resigns after porn bookmark goes viral | Daily Mail Online 14/42 Colin From Accounts stars Harriet Dyer and Patrick Brammall welcome their second child - and reveal the newborn's very sweet name Selena Gomez puts on a glamorous display in a busty silver and black velvet gown as she stuns on the BAFTAs 2025 red carpet The Substance director Coralie Fargeat turns heads as she hits the star-studded red carpet in a black puffer coat at the 2025 BAFTAs How Natalie Cassidy 'is set to make millions' following her EastEnders exit as expert bills her the next Stacey Solomon and tips her for the jungle was on The 1% Club and there's a secret behind where we're placed on set bosses know exactly what they're doing Vanessa Williams makes her return to the spotlight as she attends the BAFTAs following tragic death of her 'remarkable' mother Vera Wang, 75, shows off her ageless looks as she slips into a racy strapless cut-out gown and edgy leather jacket at the BAFTAs Anna Kendrick looks out of this world in a black glitzy gown as she graces the 2025 BAFTAs red carpet Ariana Grande is the epitome of glamour in a plunging black velvet gown with dramatic pink skirt as she arrives at the BAFTAs 2025 Alice Evans reveals she's being evicted from her home after being 'unable to pay her rent' amid her bitter court battle with ex Ioan Gruffudd Melissa Joan Hart reveals the jaw- dropping Valentine's 2/17/25, 3:04 University of Miami professor resigns after porn bookmark goes viral | Daily Mail Online 15/42 Day surprise from her husband Pamela Anderson, 57, looks effortlessly chic in a long white gown as she rocks her signature make-up-free look for BAFTAs 2025 Leading Actress favourite Demi Moore, 62, looks sensational in a dazzling backless sequin gown as she arrives at the 2025 BAFTAs Kaia Gerber sports smart glasses as she departs theater performance amid Lewis Pullman romance Mikey Madison is the epitome of chic in an ivory strapless dress at the BAFTAs after her nomination for Best Leading Actress Wicked star Cynthia Erivo turns heads in a structured white lace gown as she poses up a storm on the 2025 BAFTAs red carpet Nepo baby who stars in Bridget Jones stuns in a daring mesh jeweled gown at the BAFTAs - can you guess who her very famous mother is? Marisa Abela looks sensational in a glitzy black gown as she makes her arrival to the BAFTAs 2025 red carpet - amid her Rising Star nomination Who is set to triumph at the BAFTAs? Conclave and The Brutalist among favourites with Ralph Fiennes and Demi Moore set to scoop gongs Revealed: Lily Allen's husband David Harbour, 49, has a new model girlfriend 22 years his junior White Lotus is back, and you 2/17/25, 3:04 University of Miami professor resigns after porn bookmark goes viral | Daily Mail Online 16/42 simply won't believe the real-life drama when the cameras rolling on TV's hottest show Jeff Goldblum's wife Emilie Livingston teams her very glamorous dress with bizarre shoe choice at the star- studded 2025 BAFTAs Kneecap star proudly dons Irish outfit as the hip hop group put on a animated display after their controversial movie is tipped to scoop awards at star- studded BAFTAs Tom Hanks 'stormed out' of 50th anniversary concert with wife Rita Wilson for bizarre reason Gwendoline Christie showcases her bold new look as she walks the 2025 red carpet with long braided extensions Paul Mescal and singer girlfriend Gracie Abrams 'make up' after public spat last month as Gladiator star reprises role Bridgerton stars Hannah Dodd and Florence Hunt look words away from their regal characters as slip into stylish cut-out gowns at the 2025 BAFTAs fans are sent into a frenzy with the red carpet arrival of 'icons' Wallace And Gromit as latest movie competes in a brand new category found that very difficult but she was no longer aware': Dame Maggie Smith's son Toby Stephens reveals he wasn't with his mum when she died Drake to headline all three days at one of UK's favourite music festivals amid Kendrick Lamar feud - will you be joining in with the Drake-mania? His parents are an iconic British couple - 2/17/25, 3:04 University of Miami professor resigns after porn bookmark goes viral | Daily Mail Online 17/42 but can you guess the Nepo baby in this sweet childhood throwback snap? Love Island SPOILER: Olivia Hawkins gives her brutal verdict on Ronnie Vint and Harriett Blackmore's relationship as she returns to villa in shock twist Amazing unseen images of 'Bride of Wildenstein's' incredible life in Africa: Fascinating photos offer new insight into the billionaire's bride dubbed 'Catwoman' Netflix star Kim Sae- ron dies aged 24: Actress who starred in hit K-drama Bloodhounds found dead in her home as fans pay tribute The ultimate nepo family who have taken over Hollywood! How the ever-expanding Wayans have dominated screens for the past three decades Barry shares shocking story about couple's massage with her girlfriend Ella Rutherford Who is David Harbour's new girlfriend? Aspiring model Ellie Fallon boasts glam Insta which gives away clue as to when the pair met Love Island's Tasha Ghouri hints at the heartbreaking reason behind her shock split from Andrew Le Page Love Island: All Stars villa 'left in chaos as star suffers head injury after passing out - as show medics are called in' How to watch the BAFTAs 2025 and what time it starts: Live stream the film awards from anywhere as David Tennant returns to hosting duties 2/17/25, 3:04 University of Miami professor resigns after porn bookmark goes viral | Daily Mail Online 18/42 Billie Piper is reprising her iconic Doctor Who role opposite Christopher Eccleston in honour of the revival's 20th Anniversary TOWIE's James Argent takes huge step in his relationship with Spanish girlfriend Nicoline Artursson Myleene Klass turns heads in a racy black lace look as she arrives at work at Smooth Radio - after her quirky new headgear looks were explained Kate and Rio Ferdinand enjoy family work out with their sons Cree, four, and Tate, 16, in their lavish home gym Mending your 'broken heart'? Maura Higgins sings along to Whitney Houston hit on Valentine's night out after taking a swipe at 'cheating' ex Pete Wicks The making of Aimee Lou Wood: How the working class star overcame a traumatic childhoo and 'many mental illnesses' to landa The Masked Singer fans are left baffled and claim they have 'never heard' of series winner after Pufferfish was unmasked in grand finale Ozzy Osbourne, 76, reveals he will not perform a full set at Black Sabbath's farewell gig as he confesses he can only manage 'little bits and pieces' The nepo baby set for superstardom: From starring alongside his famous mother to his romance with another child star, inside Sam Nivola's rise to fame Rylan Clark is forced to pull out of his Radio 2 show after health concern as Strictly Come Dancing star steps in at the last minute 2/17/25, 3:04 University of Miami professor resigns after porn bookmark goes viral | Daily Mail Online 19/42 Phillip Schofield's helping hand for pal Gino D'Acampo following allegations of sexually inappropriate behaviour How Taylor Swift's ex Joe Alwyn is chasing fame in wake of his split from pop megastar - after 'breaking up over privacy fears' Olivia Bowen shares sweet clip of the moment she told her husband Alex she was pregnant with their second child Good Morning Britain star welcomes his first child with wife as he shares newborn's sweet name Bridget Jones fans devastated after watching Mad About The Boy as sobbing cinemagoers say they spent the 'whole time crying' How Kate 'put her foot down' and stopped George, Charlotte and Louis taking part in a gory centuries-old tradition for young royals, new book claims fans obsessed with 'phenomenal' crime drama that 'needs another series' - but you only have days left to watch it Katie Price, 46, and Slater, 33, hit Liverpoolbut risk a parking ticket as they dump Pink Pricey Range Rover outside a sexual health clinic Kaya Scodelario reveals 'terrifying' teenage sex scenes on set of Skins were 'improvised' as she opens up about being a child actor pre #MeToo Justin Bieber and Hailey spend Valentine's Day together in Beverly Hills amid rumored marriage woes Eamonn Holmes makes sweet marriage remark live on air months after 2/17/25, 3:04 University of Miami professor resigns after porn bookmark goes viral | Daily Mail Online 20/42 split from ex Ruth Langsford Boris Becker, 56, and wife Lilian de Carvalho Monteiro, 33, put on a loved-up display as they party at the 75th Berlinale International Film Festival Nick Cannon, father of 12, responds to news that Elon Musk has welcomed his 13th child Rita Ora shows off her toned figure in skimpy gym gear as she shares photo dump documenting her extended stay in Australia Valentine's Day date? Tom Cruise, 62, and Ana de Armas, 36, are all smiles as they are mobbed by fans during night out in London Love Island: All Stars' Ronnie Vint leaves girlfriend Harriett Blackmore reeling by revealing his hair in hilarious unseen clip Amanda Holden angers bosses after breaching commercial guidelines with advert for her own interior design range Starmer Says He Is Ready To Put Peacekeeping British Soldiers O\u2026 See more versions HuffPost \u00b7 2hrs ago See more versions Metro \u00b7 2hrs ago Vermin infested hospitals are leaving patients fearing unsafe\u2026 See more versions MailOnline \u00b7 9hrs ag Exact date temperatures could hit 14C after two weeks of\u2026 See more versions Daily Mirror \u00b7 1hr ag 2/17/25, 3:04 University of Miami professor resigns after porn bookmark goes viral | Daily Mail Online 21/42 'Seriously unwell' man dies after cops force way into scene of\u2026 See more versions Daily Mirror \u00b7 42min See more versions Metro \u00b7 3hrs ago Rosie Huntington-Whiteley, Zoe Saldana and Camilla Cabello loo\u2026 See more versions The Sun \u00b7 1hr ago Selena Gomez suffers blunder on stage with Zoe\u2026 See more versions Daily Mirror \u00b7 43min influencer claims she was told to keep Elon Musk\u2019s 13th\u2026 See more versions The Independent \u00b7 Prince Harry welcomes next Invictus Games in during\u2026 See more versions Sky News \u00b7 1hr ago Click here to view more Follow Daily Mail Subscribe Daily Mail Follow @DailyMail Follow Daily Mail Follow @dailymailuk Follow Daily Mail How Amelia Dimoldenberg built her multi-million pound empire from a chicken shop: Inside comedian's surprising rise to fame ahead of Oscar's red carpet gig I'm the voice of Come Dine With Me - fans will be stunned to learn the truth about my catty swipes at the contestants How Beyonce feels about husband Jay-Z's shock rape case dismissal Kylie Minogue cuts a stylish figure as she departs Perth Airport after kicking off Australian tour Gemma Atkinson reveals sex secrets including one- night stands and two engagements before settling down with fianc\u00e9 Gorka Marquez Celeb chefs rated: Best and worst reviews for Gordon Ramsay, Gino D'Acampo and Jamie Oliver revealed 2/17/25, 3:04 University of Miami professor resigns after porn bookmark goes viral | Daily Mail Online 22/42 Britain's Got Talent's Bruno Tonioli shares that for the sake of entertainment 'sometimes you have to be a little spicy The sombre reason why Meghan Markle shutting the car door was a security headache for her staff Max George reveals he underwent a secret heart operation after first pacemaker surgery left him in agony The real story behind Meghan's 'baby shower': It was used by Meghan and her friends as a 'launch-pad' for their careers Kim Kardashian teases her 50 appearance where she's 'set to reunite' with ex Pete Davidson Maura Higgins takes a brutal swipe at 'cheating' ex Pete Wicks during Valentine's Day night out as she addresses split for first time Britney Spears and ex-felon Paul Soliz confirm they're back on as they spend Valentine's Day with his kids Make-up free Isla Fisher enjoys breakfast with children after reports her amicable divorce from Sacha Baron Cohen is set to turn nasty Is this the end for Kanye West? Slurs, a crumbling marriage with wife Bianca Censori and collaborators fleeing Chrissy Teigen and John Legend sing to their late dog Penny's ashes in a touching Valentine's Day video Jacqueline Jossa 'brings in lawyers over unpaid five figure sum 2/17/25, 3:04 University of Miami professor resigns after porn bookmark goes viral | Daily Mail Online 23/42 from In The Style as fashion retailer faces administration' Jessica Chastain dazzles in a strapless dress and boa sleeves at Berlinale International Film Festival Liam Gallagher 'plans to spend Oasis reunion payout on a Cotswolds manor house' ahead of \u00a3100million tour Strictly's Tasha Ghouri says she's 'still processing' split from ex Andrew Le Page in emotional update as he moves out of their shared home From Hogwarts to High Society! First glimpse of actress Katie Leung in new Bridgerton role Sydney Sweeney exudes Hollywood glamour in strapless gown at Armani Beauty Party during Berlinale Film Festival Prince Harry does knee slide and kisses bald man's head as he joins in boisterous celebrations of one of the last events of the Invictus Games Kanye West breaks his silence over alleged $250k resurfaced sex tape amid Bianca Censori divorce Queen Mary of Denmark quietly slips into Australia for a family holiday in her native Tasmania 2025 Writers Guild Awards: Anora's Sean Baker continues winning streak as he nabs top honor 2/17/25, 3:04 University of Miami professor resigns after porn bookmark goes viral | Daily Mail Online 24/42 Who won the Masked Singer? Pufferfish is crowned and identity is revealed as Samantha Barks Heidi Klum, 51, reveals she has 'chin and boob' hair as she gets candid about aging: 'It's as long as my pinky finger' Linkin Park star Chester Bennington's child, 22, comes out as transgender - five years after the rock star killed himself Drake performs songs from new album in tiny Sydney bar during Australian leg of Anita Max Win tour Emma Watson makes surprise appearance at All-Star Celebrity Game in rare public outing Brooks Nader goes on the beach as she enjoys Valentine's Day getaway in Mexico without boyfriend Gleb Savchenko Phil Foden's childhood sweetheart Rebecca Cooke 'sparks engagement rumours after sporting huge diamond ring' following romantic getaway Prince Harry is greeted by raucous crowd at the Invictus Games and holds impromptu royal get- together with Denmark's Princess Marie and Prince Joachim Kiernan Shipka takes the plunge in floral maxi dress as she leads the stars at Awards in Beverly Hills Selling Sunset's Chrishell Stause puts on a leggy display in pink mini dress as she and spouse Flip grab Valentine's Day dinner Vanessa Kirby exudes elegance in a draped 2/17/25, 3:04 University of Miami professor resigns after porn bookmark goes viral | Daily Mail Online 25/42 gown as she joins classy Lily James and Ellie Bamber at the Charles Finch & Chanel Pre party Taylor Swift's pal Este Haim and Jonathan Levin are engaged! Singer debuts massive diamond ring: 'I'm taken' Megan Thee Stallion sets pulses racing in stringy blue bikini as she celebrates 30th birthday Lizzo is accused of 'copying' Lily-Rose Depp as she breaks down in tears in teaser for 'new era' of music Wendy Williams flashes a smile as she rides mobility scooter during rare public outing in Miami amid battle to end guardianship The Invictus Games are Harry's tribute to the bravery of injured military heroes. But this year they were also the perfect opportunity for Meghan David Blaine, 51, reveals he is working on final ever stunt and plans to retire at the same age that his hero Harry Houdini died Anna Kendrick stuns in a red mini dress as she joins Camila Cabelo and Mikey Madison at the Film Awards Nominees' Party Dannii Minogue opens up about sister Kylie's devastating cancer diagnosis: 'We were going to lose her' How does Amber Turner maintain her jaw-dropping physique star's strict workout routine and diet is revealed 2/17/25, 3:04 University of Miami professor resigns after porn bookmark goes viral | Daily Mail Online 26/42 Renee Zellweger appears to hide her ring finger amid Ant Anstead engagement rumors in Jake Quickenden opens up about the challenges of pursuing his career while raising a young family: 'It can be tough' Jeremy Clarkson goes on furious 'cancel culture' rant as he defends under-fire stars Gino D'Acampo, Wynne Evans and Gregg Wallace Adrien Brody puts on a loved-up display with girlfriend Georgina Chapman at Film Awards nominees party Kevyn Major Howard dead at 69: Full Metal Jacket actor passes away after being hospitalized for weeks The Masked Singer final: Wolf is unveiled as a legendary 80s singer after missing out on a place in the top two as Pufferfish and Dressed Crab make it through Princess Eugenie shares pictures of her children in heartfelt (and slightly apologetic) Valentine's Day tribute to her husband James Brooksbank Pregnant Jesy Nelson shows off her blossoming baby bump in jumper dress as she enjoys Valentine's Day date with boyfriend Zion Foster The 1% Club contestant takes home biggest ever prize on gameshow after risking everything to take on the final question Pamela Anderson turns heads in a dramatic tulle hat as she attends 2/17/25, 3:04 University of Miami professor resigns after porn bookmark goes viral | Daily Mail Online 27/42 The Last Show Girl in London Kerry Katona shows off her two-stone weight loss in a red bikini as she enjoys her first solo Valentine's Day in Thailand since split from Ryan Mahoney How Queen Camilla introduced this bunion- busting footwear to celebrity friends Judi Dench and Mary Berry Nathalie Emmanuel wows in a slinky black dress as she joins glam Toni Collette and leather-clad Robert Pattinson at the Mickey 17 premiere during Berlin Film Festival Fans go wild after Meryl Streep flips middle finger at Will Ferrell during 50th concert Gino D'Acampo 'kissed' international footballer's wife on the lips in front of her husband - telling onlookers did that because f***ing can Hailey Bieber and husband Justin cuddle up in post-Valentine's Day photos amid rumors of marital issues Helen Flanagan oozes glamour in a baby pink midi dress and statement heels as she attends the Elle Sera Galentine's lunch in Liverpool Gladiators legend recalls horrifying moment she could have been left 'dead or paralysed' after a live stunt went wrong Kanye West and Bianca Censori 'have prenup' as estranged couple are headed for 'divorce' 2/17/25, 3:04 University of Miami professor resigns after porn bookmark goes viral | Daily Mail Online 28/42 Georgia Harrison stuns in sheer black lace dress as she wishes new boyfriend Jack a happy Valentine's Day Auf Wiedersehen, Pet and Doctor Who star Maya Woolfe dies aged 72 as tributes pour in EastEnders stars Danielle Harold and Max Bowden unfollow each other after stint on Celebrity Antiques Road Trip Sacha Baron Cohen claims it's with Isla Fisher as \u00a360 million divorce could turn nasty: Friends tell Hollywood A-lister on Saturday Kitchen says she's 'going to cry' just minutes into appearance on show as fans share their shock Rihanna shares raunchy throwback video with Rocky for Valentine's Day amid trial Khloe Kardashian shares Valentine's snaps with True and Tatum as she reveals son's nickname for Kris Jenner All you need is planning permission! Now Stella McCartney's \u00a35m Highland hideaway hits a bum note with locals... again Clueless? No Tunstall's West End debut was child's play thanks to all those music lessons as a kid! Liam Payne asked me to be his best man. Three days later he was dead: Star's closest confidant 2/17/25, 3:04 University of Miami professor resigns after porn bookmark goes viral | Daily Mail Online 29/42 tells horrifying truth of singer's drug use Diddy accused of hiring trafficked underage girl for Miami sex party in a new lawsuit Leo Woodall, 28, isn't 'bothered' by toyboy label after age-gap Bridget Jones role as gives rare update on his relationship with Meghann Fahy, 34 Model, 30, who has a famous sister looks chic as she attends the Apple brunch - but can guess who her A- list sibling is? Andrew Le Page admits he's 'cried more than ever' as he marks the 'end of an era' after shock split from Tasha Ghouri and moves out of the home they shared Star of iconic 90s show who also played Marilyn Monroe is unrecognizable on rare outing in The surprising career changes of iconic Noughties band revealed: From Net Zero manager and songwriters to the stars to reality contestants Laura Whitmore shares her final messages with Caroline Flack on the fifth anniversary of her death and confirms she won't appear in the new doco about the late star TOWIE's Ella Rae Wise confirms she is back together with Dan Edgar as she shares romantic Valentine's Day snaps Dave Chappelle reveals censored his viral monologue over two topics 2/17/25, 3:04 University of Miami professor resigns after porn bookmark goes viral | Daily Mail Online 30/42 Pamela Anderson, 57, stuns in a stylish green jumper and satin midi skirt as she arrives at Studios to promote The Last Showgirl amid career resurgence Brian Cox, 78, looks dapper in a checked suit as his glam wife Nicole, 56, rocks tight pencil skirt at star- studded Baftas brunch in London Justin Baldoni issues stinging retort after Blake Lively and Ryan Reynold's Hollywood agent mocked his name Keely Hodgkinson looks incredible in a black cropped jacket as she hosts her Keely Klassic debut at Utilita Arena Birmingham Prince Harry's risque joke makes former Marine laugh at Invictus games - even though veteran had to battle testicular cancer Jessica Chastain commands attention in lime green suit as she steps out to the Dreams photocall at the 75th Berlinale International Film Festival Inside Amelia Dimoldenberg's love life as she settles with Adam Faze: How star sparked romance rumours with of Andrew Garfield and Aitch Jamie Theakston issues health update after cancer treatment and sends touching message to radio listeners Kid Rock's shocking claim about Kendrick Lamar and Colin Kaepernick after Super Bowl halftime show Katie Price and Slater put split rumours to bed as they enjoy loved-up night out at a Manchester nightclub on Valentine's Day Love Island All Stars highest earners as expert 2/17/25, 3:04 University of Miami professor resigns after porn bookmark goes viral | Daily Mail Online 31/42 predicts which couple will be the most profitable after leaving the villa On your marks! Queen Camilla is effortlessly chic in statement faux fur hat as she watches races at Ascot Kylie Minogue, 56, proves she's an ageless beauty as she stuns in sheer black gown while kicking off her Australian tour Nirvana reunite on stage with Post Malone for milestone SNL50 gig - in Dave Grohl's second performance since his cheating scandal The Bangles bombshells! First-ever authorized biography of iconic 80s band reveals in-house jealousies, disturbing fan mail and being stalked by Prince Hollywood horror icon with a Star Wars connection is unrecognizable at 77... can you guess who he is? Helen Flanagan sets pulses racing in a busty black gown for Galentines event - before shocking fans with an unrecognisable throwback snap Davide Sanclimenti makes dig at ex Ekin-Su Culculoglu as he marks Valentine's Day with his new girlfriend and says 'true love doesn't destroy you' Newly-single Maura Higgins sizzles in a scarlet strapless dress as she hits the town for Valentine's Day with pals after split from Pete Wicks Bridgerton's Luke Thompson reveals why he declined to seek the advice of his co-stars ahead of taking a lead role in season 4 Meghan 'made jokes about Harry having different parents to 2/17/25, 3:04 University of Miami professor resigns after porn bookmark goes viral | Daily Mail Online 32/42 William', thought senior royals 'behaved like babies' and Kate was a 'goody two shoes', insiders reveal The Traitors' Mollie Pearce reflects on heartbreak after split with long-term boyfriend as she shares Valentine's relationship status update Liam Payne's girlfriend Kate Cassidy shares devastating Valentine's Day tribute with a 'special' link to the late singer Inside Belle Gibson's warped mind after Netflix's Apple Cider Vinegar made her a 'star': Who she blames for her downfall, her hope for the future Princess of Wales's top 20 sell-out items show the 'Kate effect' isn't waning - from a \u00a31,000 jacket to earrings you can find on the high street As Kanye and Bianca head for 'divorce', we reveal the Censori family's chilling theory for why their daughter became a rapper's nude plaything Ben Fogle reveals he applied to be on Cilla Black's Blind Date because he was 'so shy' with women - but turned it down for Castaway Hilarious moment Breakfast star is interrupted by his phone live on air - as he says 'I've got to go!' Sabrina Carpenter takes brutal swipe at ex Barry Keoghan in new music video with Dolly Parton Cher, 78, turns back time in see-through bodysuit as she sings 2/17/25, 3:04 University of Miami professor resigns after porn bookmark goes viral | Daily Mail Online 33/42 at 50: The Homecoming Concert Gaby Roslin shares her heartbreak over the death of beloved family member and says grief is like 'being punched in the stomach' Viewers roast as the same dinner jacket appears on a different groom one year later in editing fail EastEnders star Davood Ghadami 'leaves wife for married mother-of-three co- star amid pair's sizzling on-stage chemistry' Did Prince Harry have to physically stop Meghan from breaking royal protocol? Unearthed footage shows what really happened during awkward walkabout Lisa Snowdon candidly confesses her 'reservations' about getting married to fianc\u00e9 George Smart eight years after they got engaged Emotional Jay hails 'victory' as teen rape case with Diddy is by accuser's attorney We broke records on Dragons' Den - the panel were different when the cameras stopped rolling and we couldn't believe what happened after New romance alert? Zoe Kravitz spotted with Noah Centineo four months after Channing Tatum split Philly turns on hometown girl Taylor Swift as they reveal why Super Bowl could have been for the 'traitor 2/17/25, 3:04 University of Miami professor resigns after porn bookmark goes viral | Daily Mail Online 34/42 Anya Taylor-Joy looks ethereal as she cosies up to husband Malcolm McRae at the SNL50: The Homecoming Concert on Valentine's Day Victoria Beckham is 'desperate' for her new documentary to be a hit as excitement builds after huge success of husband David's Netflix show Kylie Jenner bares cleavage in sparkly gown as she spends Valentine's Day with Timothee Chalamet at Berlinale Fans ecstatic as beloved show returns to screens after more than 30 years - and it's finally confirmed whether original star is back Gracie Abrams wows fans with special performance ahead of The Secret of Us European tour after sparking outrage over her 'pricey' merch Beyonce sizzles in gold bustier to promote her fragrance after Jay teen rape case with Diddy was dismissed Netflix fans gripped by 'captivating' hooligan drama 'full of twists and turns' as it rockets up the charts Leonardo DiCaprio has frog named after him - and no, it's not because it is only attracted to young females Leo Woodall's great aunts who were the Bridget Joneses of their day! Nation's new heartthrob comes from a long line of trailblazing women Katie Price insists she's 'not on fat loss jabs' and is in 'a really good place' after cleaning up her diet amid concerns over her drastic weight loss 2/17/25, 3:04 University of Miami professor resigns after porn bookmark goes viral | Daily Mail Online 35/42 Tilda Swinton announces she is taking a break from 'merciless' movie- making... hours after accepting lifetime achievement award Lady Gaga and Miley Cyrus get A-listers dancing as they lead star-studded performances at 50: Concert Bianca Censori's creepy two word comment to Kanye West days before shock 'divorce' revealed Mauricio Umansky to undergo surgery after skiing accident in Aspen as he shares health update from hospital bed Jason Momoa and girlfriend Adria Arjona have the look of love as they make their red carpet debut as couple at SNL50: The Homecoming Concert Bhad Bhabie breaks silence on claims she lied about having cancer after being slammed for vaping Craig Conover denies texting other women behind ex Paige DeSorbo's back prior to shock split bosses putting 'a ring of steel around the ceremony' after YouTube prankster gatecrashed the stage in 2024: 'They are taking no risks' Why Kim Kardashian has stayed silent despite fears amid Kanye West and Bianca Censori 'split Charli looks effortlessly cool as she steps out of Melbourne hotel braless in brown tank top Elsa Pataky puts on a leggy display in denim short shorts as she pampers 'new family 2/17/25, 3:04 University of Miami professor resigns after porn bookmark goes viral | Daily Mail Online 36/42 member' with pats in Byron Bay Danielle Lloyd breaks down in tears as she reveals she's been diagnosed with skin cancer - and star issues important health warning to her fans Lady Gaga stuns in edgy black gown outside Radio City Music Hall ahead of the SNL50: The Homecoming Concert Selena Gomez's fianc\u00e9 Benny Blanco slammed over 'disgusting' Valentine's Day gesture Teri Hatcher, 60, shows off her age- defying figure in a busty yellow bandeau and matching suit at SNL50: The Homecoming Concert in New York Prince Harry is all smiles despite Meghan being 1,000 miles away with their children on Valentine's Day Caroline Flack's hidden legacy: Star's mother Christine fights to prevent others from her heartbreak, after her daughter's tragic passing Meghan Markle shares video of children Archie and Lilibet making love heart treats for Valentine's Day hours after her gushing post kissing Prince Harry Robbie Williams movie biopic Better Man to be transformed into a West End musical after nod Jermain Defoe, 41, and Alisha LeMay, 31, 'split': Pair call it quits as influencer 'unfollows' the footballer on social media - a year after cheating scandal 2/17/25, 3:04 University of Miami professor resigns after porn bookmark goes viral | Daily Mail Online 37/42 ALERT: Married At First Sight couple Adrian Araouzou and Awhina Rutene spotted together on Valentine's Day Bridgerton series four first look: Teaser images show Penelope and Colin as parents and a steamy new love story Bafta After Party is thrown into chaos after venue of Chiltern Firehouse is ravaged by huge fire - as organisers scramble to find somewhere else to host celebrity bash Jesse McCartney and wife Katie Peterson reveal they are expecting their first child: 'Our lil Valentine' Amanda Byram, 51, gives birth to a baby boy! Irish presenter welcomes second 'miracle child' after a 'surprise' labour and journey Nepo baby island! New Channel 4 reality show plans to dump offspring of famous faces on a desert island and there's a shock twist Jessica Alba shows off her bikini body enjoying the single life in Cabo... while ex Cash Warren is alone in Miley Cyrus puts on a united front with mom Tish amid Billy Ray drama at the SNL50: The Homecoming Concert Jason Momoa and girlfriend Adria Arjona hold hands as they make first public outing as couple on Valentine's Day Jonathan Ross reflects on 'awkward' moment Macy Gray stormed off the stage on The Masked Singer 2/17/25, 3:04 University of Miami professor resigns after porn bookmark goes viral | Daily Mail Online 38/42 Love Island All Stars viewers in shock as Harriett Blackmore 'pies off' Ronnie Vint and turns down his romantic proposal for the time Rihanna branded an 'evil human being' for wearing fur by animal rights protester at Rocky shooting trial Dance Moms star JoJo Siwa returns to Sydney for a very romantic Valentine's Day with Aussie partner Kath Ebbs Pete Davidson reveals sad reason he gets 'harassed' over A-List dating life after whirlwind Ariana Grande romance Love Island: All Stars in shock as three couples are at risk of being dumped from the villa - but fans are all saying the same thing Jennifer Lopez leaves sassy note about 'self love' during first Valentine's Day in 4 years after Ben Affleck split Love Island fans brand Pritchard 'fake' as he changes his tune on Ekin-Su - after previously calling for her to be 'REMOVED' from villa Emmerdale's Lisa Riley admits there's 'never a day' she feels 'safe' from being axed on the soap as she says producers treat cast 'like chess pieces' Corrie star Simon Gregson's wife Emma spotted without her wedding ring after he was forced to deny split rumours Grammy-winning pop singer set to join Euphoria season 3 cast starring alongside Zendaya and Sydney Sweeney Days of our Lives star shares candid update about husband's Parkinson's diagnosis 2/17/25, 3:04 University of Miami professor resigns after porn bookmark goes viral | Daily Mail Online 39/42 Today's headlines Most Read England and Wales's most dangerous streets: Map of 37,000 neighbourhoods lays bare hotspots for violent and... Keir Starmer vows to put boots on the ground in Ukraine as he heads to Paris for European leaders'... Heartbroken family of British father, 37, who was 'left to die alone in Las Vegas' are the hotel he... The supernatural sex books that of middle-class women are reading - and how 'fairy porn' is helping... The skinny-jab sidehustle: Mail investigation exposes booming black market in Ozempic being sold for cash... Australian bin collection method leaves British man stunned Blake Lively watches as Ryan Reynolds jokes about Justin Baldoni scandal as duo returns to spotlight for... Inside the human slaughterhouse visited the hellhole jail where 13,000 Syrians were tortured to death NEIL: This is a watershed in Europe's history. For decades we have lavished billions on welfare and... Kevin Costner's reaction to Ryan Reynolds' Justin Baldoni joke on SNL50: Anniversary goes viral Nine in ten British workers made to come back into the office as era dies off... although 'feet-up cured my menopause rage with magic mushrooms - and that's just one of the benefits of my drug... I'm a neurologist who cured my chronic lower back pain in five simple steps... here's how you can too I'm a food safety expert and there are six things would do with my meals I'm a relationship coach and an expert on catfishing. Here are the top ten signs your online date is a con... Britain wastes on foreign projects like shrimp farms in Bangladesh and electric Porsches for... White Lotus fans 'grossed out' by Patrick Schwarzenegger's full frontal scene amid 'creepy' incest storyline Patrick Schwarzenegger makes mom Maria Shriver and sister Katherine cry revealing he got The White Lotus... Jacob Elordi doesn't look like this anymore! Actor stuns fans as he reveals shock new look at the 75th viewers left 'disgusted' as beloved stars Timothy West, Bernard Hill and Brian Murphy are 'snubbed'... Rise of Apple Cider Vinegar syndrome: Expert reveals what's driving cancer fakers like Belle Gibson to... BAFTAs 2025 viral moments: From Zoe Saldana's expletive-laden speech to 2/17/25, 3:04 University of Miami professor resigns after porn bookmark goes viral | Daily Mail Online 40/42 Selena Gomez's blunder and Kylie... Selena Gomez suffers awkward blunder on stage while presenting award Everyday gadget could be making you go deaf and it's nothing to do with the volume, experts warn Meghan Markle 'wanted to finish what Princess Diana started' but on a 'part- time basis' - and 'hated'... Multi-millionaire business tycoon blasted by environmentalists after his unauthorised cliff top summer house... Warwick Davis leaves viewers sobbing as they admit they weren't 'emotionally prepared' as he tearfully... Kylie Jenner flashes major sideboob in a sexy backless gown as she and boyfriend Timoth\u00e9e Chalamet sport... 'More extremists in the than the Middle East': Counter-extremism analyst warns the is becoming a... Drunk father-of-two branded crew 'control freaks' and shouted abuse during rant on flight to Newcastle might be 67 but women still want to sleep with me... because I'm an expert in serial killers, reveals... Amanda Holden shows off her incredible physique as she rings in her 54th birthday with sizzling bikini-clad... The terrifying Tesco Clubcard plot: Shocking way 'brilliant' criminal demanding \u00a3250,000 used new loyalty... Council tax is increasingly resembling 'the dreaded poll tax' with the poorest households feeling the pinch... Meghan Markle's incessant hugging and cheek-kissing left both Palace aides and senior royals squirming,... 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Gangnam Style fans surprised to learn true meaning of PSY's South Korean song - over a decade after its... Travellers horrified by sexist job specification to become a flight attendant in 1954 2/17/25, 3:04 University of Miami professor resigns after porn bookmark goes viral | Daily Mail Online 41/42 Sitemap Archive Video Archive Authors Topics Index Mobile Apps Screensaver Text-based site Reader Prints Our Papers Top of page Daily Mail Mail on Sunday This is Money Metro Jobsite Mail Travel Mail Subscriptions Help & FAQs Published by Associated Newspapers Ltd Part of the Daily Mail, The Mail on Sunday & Metro Media Group dmg media Contact us How to complain Leadership Team Advertise with us Contributors Terms Subscription Terms & Conditions Do not sell or share my personal information About MailOnline Privacy Settings Privacy policy & cookies Rosie Huntington-Whiteley leads the glamour in a sexy bodysuit as she joins leggy Alexa Chung and... The White Lotus opening credits: Every Easter Egg hidden in season three from gang warfare to forbidden... Revealed: Eight claims Prince Harry and Meghan Markle made in their explosive Oprah interview - and how they... Should my wife still give me 10% of her personal tax allowance after she gets state pension Back to top Home News Royals U.S. Sport Showbiz Femail Health Science Money Travel Podcasts Shopping 2/17/25, 3:04 University of Miami professor resigns after porn bookmark goes viral | Daily Mail Online 42/42", "8574_103.pdf": "University refuses to say how instructor\u2019s browser bookmark constitutes \u2018sexual harassment 13, 2020 Academic freedom groups decline to defend him An instructor resigned after the University of Miami said it had investigated him for \u201cinappropriate behavior or sexual harassment.\u201d What did John Peng Zhang do? Accidentally reveal a browser bookmark titled \u201cbusty college girl\u201d to his business analytics class online Email \ue607 1 Colleges celebrate Valentine\u2019s with \u2018ethical porn,\u2019 abortion \u2018party\u2019 and \u2018Genital Diversity Gallery 13, 2025 2 Over 500 studies retracted for \u2018unreliable\u2019 information: watchdog 14, 2025 3 After objecting to schools\u2019 \u2018equity\u2019 programs, liberal parents attacked, called \u2018racist 8, 2025 4 New research identifies more than 1,100 ARTICLE: 2/17/25, 3:04 University refuses to say how instructor\u2019s browser bookmark constitutes \u2018sexual harassment\u2019 | The College Fix 1/4 His students didn\u2019t actually see a busty college girl in Zhang\u2019s browser, but simply noticed the bookmark on Zhang\u2019s shared screen. Pictures and videos blew up all over Chinese Communist Party-linked group sends \u2018clean energy\u2019 money to American universities Arizona State U. initiative studies women and gender through \u2018classical liberal\u2019 lens related jobs at University of Michigan 30, 2025 5 Harvard students more focused on extracurriculars than academics: report 3, 2025 ARTICLE: 2/17/25, 3:04 University refuses to say how instructor\u2019s browser bookmark constitutes \u2018sexual harassment\u2019 | The College Fix 2/4 Ed Dept. threatens to cut federal funds of universities with programs New book exposes details on Claudine Gay Harvard plagiarism scandal Christian Lubke Christian Lubke -- Carthage College Twitter ARTICLE: 2/17/25, 3:04 University refuses to say how instructor\u2019s browser bookmark constitutes \u2018sexual harassment\u2019 | The College Fix 3/4 \u00a9 2025 ARTICLE: 2/17/25, 3:04 University refuses to say how instructor\u2019s browser bookmark constitutes \u2018sexual harassment\u2019 | The College Fix 4/4", "8574_104.pdf": "University of Miami professor resigns after reportedly sharing porn bookmark on Zoom Business lecturer John Peng Zhang is no longer employed by the school, which said it \"aggressively investigates all complaints of inappropriate behavior University of Miami entrance sign on campus in Coral Gables, Florida on Feb. 9, 2013. Lance King / Replay Photos via Getty Images file 2/17/25, 3:04 University of Miami professor resigns after reportedly sharing porn bookmark on Zoom 1/3 In a now-viral video, a University of Miami professor appeared to accidentally reveal a porn bookmark on the browser he was sharing with students during a Zoom class \u2014 and the school confirmed Wednesday that he's out of a job. Business school lecturer John Peng Zhang left the university after the student newspaper, The Miami Hurricane, broke the news about the embarrassing gaffe Tuesday university spokeswoman confirmed that Zhang was no longer with the school but declined further comment. \"The University of Miami aggressively investigates all complaints of inappropriate behavior or sexual harassment,\" according to a school statement. \"After receiving a complaint through the University's ethics hotline, the incident was investigated by the Office of the Provost, Title investigator and Miami Herbert Business School. The University can confirm that John Peng Zhang resigned and is no longer employed at the University of Miami.\" The university has been conducting all classes remotely since March 23 following the worldwide outbreak of the coronavirus. Download the News app for breaking news and politics Several students in Zhang's business analytics class noticed that the instructor's browser was visible during the Zoom meeting, showing a bookmark for \"Busty College girl fu...,\" The Miami Hurricane reported. By David K. Li Now, the professor\u2019s information has been removed from the school website, his email is no longer active and confirms that he is no longer employed by the university. (2/2) Click here for the full story: \u2014 The Miami Hurricane (@MiamiHurricane) April 29, 2020 April 29, 2020, 6:34 2/17/25, 3:04 University of Miami professor resigns after reportedly sharing porn bookmark on Zoom 2/3 One student even posted a TikTok of the strange scene, and it went viral before he took it down felt bad about the attention it was getting,\" he told the student newspaper didn't want him to lose his job thought he would be fine.\" Zhang could not be immediately reached for comment Wednesday,. Zhang's online r\u00e9sum\u00e9 shows he's been a business school lecturer at the Coral Gables, Florida, campus since August after stints at the University of Oregon and Florida International University Change.org petition has been launched calling for Zhang's reinstatement. Sasha Urban contributed. David K. Li Senior Breaking News Reporter 2/17/25, 3:04 University of Miami professor resigns after reportedly sharing porn bookmark on Zoom 3/3", "8574_105.pdf": "Professor Accidentally Shows 'Busty College Girl' Bookmark During Zoom Class -- Gets Fired News By TooFab Staff | 4/29/2020 4:36 TIP? TikTok An eight-second TikTok video, which zoomed in on the teacher's browser, quickly went viral. 2/17/25, 3:04 University of Miami Professor Fired After TikTok of X-Rated Bookmark Goes Viral 1/7 University of Miami professor John Peng Zhang was fired earlier this month after he accidentally revealed an inappropriate bookmark tab on his internet browser titled, \"busty college girl\" to his students while teaching a business analytics class on Zoom. There's New Trend On TikTok -- Act Like You're Having Seizure TikTok TikTok According to The Miami Hurricane, the university's student newspaper, it all began on March 26 when one of Zhang's students had his microphone on during an online session where Zhang was sharing his screen. The student then noticed the X-rated bookmark tab on the professor's browser and pointed it out to his classmates. While Zhang reportedly kept teaching as if nothing had happened, the students recorded videos and snapped photos of the screen. The Hurricane said students quickly posted the content to social media, including TikTok. Before the class ended, the footage already started to spread. An eight-second TikTok video, which zoomed in on Zhang's browser and the Miami.edu URL, received over 800,000 views in only a few hours. By the next day, it had spread to college-related Instagram accounts like Fifthyear and Barstool. \"It was insane...it blew up,\" Samantha Hill, a student in one of Zhang's classes, told The Hurricane. Ethan Hartz, a freshman business student who witnessed the incident, added had friends sharing it with me from other schools who saw it.\" Felicity Huffman's Kids Scores Were More Than Fine 2/17/25, 3:04 University of Miami Professor Fired After TikTok of X-Rated Bookmark Goes Viral 2/7 #TikTok After All Getty Getty During the next session, Zhang reportedly told the class don't know how it happened didn't see it, I'm pretty sure everybody else did... My apologies to the class.\" He is said to have then sent out an email to the students saying he was \"investigating\" and encouraged them not to share the video. According to The Hurricane, \"at least one more\" class went by normally, however, when it was time for another session, Zhang was absent. The students in the Zoom session were left without a professor for about 20 minutes until they received an email from UM's business analytics department chair Robert Plant, who told them class was canceled. Zhang, Plant and vice dean for undergraduate business education Ann Olazabal declined to speak to the press, including The Hurricane. The course's new professors Gery Perez and Maikel Espinosa -- who the newspaper said \"changed the class from Zoom to Blackboard Ultra with little notice\" -- also didn't comment. While many students voiced their concern about Zhang's well-being, others said the professor's X-rated bookmark made them feel uncomfortable. Though they haven't directly addressed the situation, the university provided a statement. \"The University of Miami aggressively investigates all complaints of inappropriate behavior or sexual harassment,\" the institution told The Hurricane. \"After receiving a complaint through the University's ethics hotline, the incident was investigated by the Office of the Provost, Title investigator and Miami Herbert Business School.\" Got a story or a tip for us? Email TooFab editors at [email protected]. 2/17/25, 3:04 University of Miami Professor Fired After TikTok of X-Rated Bookmark Goes Viral 3/7 2025 Awards -- All the Hottest Red Carpet Looks Netflix Teases First Look at Bridgerton Season 4 Benny Blanco Surprises Selena Gomez with Bathtub Full of Nacho Cheese for V-Day 5 Charged with Murder of Transgender Man Violently Tortured for More Than a Month Man 'Very Angry' from Fortnite Fight Went Out to 'Calm Down' and Instead Killed Random Girl, 11: Prosecutors Man Who Dismembered Roommate Whose Torso Was Found In Suitcase Said He Had 'Insane Urge to Kill': Prosecutors Fathers of Girls Killed by Wyoming Mom Speak Out After Murder-Suicide: 'I'm a Mess,' 'Furious' Family Spots Missing Florida Woman In Viral Video of Her Giving Birth on New York Subway 2/17/25, 3:04 University of Miami Professor Fired After TikTok of X-Rated Bookmark Goes Viral 4/7 Wyoming Mother Tells 911 Operator Her Four Daughters Were Shot, Before Turning Gun on Herself: Sheriff Wedding Guest 'Struck' Man with Dinner Plate for Letting Kids Cut Buffet Line, Sparks 'Melee': Sheriff Elon Musk Takes Son 'Lil X' to the Oval Office 5 Charged with Murder of Transgender Man Violently Tortured for More Than a Month 1 Fathers of Girls Killed by Wyoming Mom Speak Out After Murder-Suicide: 'I'm a Mess,' 'Furious' 2 Man 'Very Angry' from Fortnite Fight Went Out to 'Calm Down' and Instead Killed Random Girl, 11: Prosecutors 3 Man Who Dismembered Roommate Whose Torso Was Found In Suitcase Said He Had 'Insane Urge to Kill': Prosecutors 4 2/17/25, 3:04 University of Miami Professor Fired After TikTok of X-Rated Bookmark Goes Viral 5/7 Yes! Send me email updates and offers from TooFab and its Affiliates. By subscribing agree to the Privacy Policy and Terms of Use enter your email here 8 Stars Who Are Actually Shorter Than 5 Feet Tall 5 Bachelorette's Katie Thurston Reveals How She 'Discovered' Her Breast Cancer 6 7 Celebs Who Admit Their Big Mouths Have Affected Their Careers 7 Kylie Kelce Says She 'Blacked Out' During Husband Jason's Marriage Proposal 8 Pete Davidson Reveals Where He Stands with Ariana Grande, Calls Media Attention 'Upsetting' 9 Edwin Arroyave Shares Health Update on Estranged Wife Teddi Mellencamp After Brain Tumor Surgery 10 2/17/25, 3:04 University of Miami Professor Fired After TikTok of X-Rated Bookmark Goes Viral 6/7 \u00a9 2025 Productions, Inc. All rights reserved. Reproduction in whole or in part without permission is prohibited. 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8,624 | Ronald Holt | Colorado State University | [
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] | {"8624_101.pdf": "Quotable... \u201cThe mistakes of the past are valuable lessons for the future.\u201d -- Lailah Gifty Akita Having trouble viewing this email? View it in your browser. Case in Point: Lessons for the proactive manager November 2020 Vol. 12 No. 11 Subscribe! When first addressed the global pandemic in this publication in March never imagined that we would be approaching the end of the year with the same issues continuing throughout the world. It has been a year we could never have imagined when we began 2020 with the usual excitement of a new year. As thought about this pandemic, risk management, and the higher education industry, a couple of points came to mind. Here at AU, we have been very fortunate to have navigated this event extremely well due to excellent leadership. However, there are things we would probably do differently if we knew then what we know now. One suggestion have for all institutions in higher education is to document the lessons we\u2019ve learned for specific areas of operation as well as at an institutional level. We need to ensure we don\u2019t lose the lessons learned through this crisis. Who knows? They may come in handy in a few years. I\u2019d suggest documenting answers to the following kinds of questions: 1. What did we do right in the pandemic? 2. What did we do wrong in the pandemic? 3. What do we wish we\u2019d have done that we didn\u2019t do? Just a few thoughts you might consider to help your institution be better equipped to manage the next big thing. We again invite you to review the events in higher education over the past month with a view toward proactive risk management. As always, we welcome your comments and suggestions. M. Kevin Robinson Associate Vice President Office of Audit, Compliance & Privacy Follow us onTwitter 2/17/25, 3:04 Case In Point 1/7 Information Security & Technology Events Nov 24: Data Breach: Illinois Valley Community College has sent out more than 160,000 letters to current and former students, faculty and applicants warning them that their data may have been compromised in connection with a data breach back in April. Cheryl Roelfsema, IVCC's vice president for business services and finance, said that, as of now, the school is unaware of any incidents related to the data obtained from the breach. (link) Fraud & Ethics Related Events Nov 24: Wire Fraud former Purdue University professor and his wife, accused of funneling more that $1 million in National Science Foundation research money into a private company that served as a front to pay for their own personal expenses, were sentenced Monday to two years of probation and will have to pay a combined $1.6 million in restitution. The two were ordered jointly and severally liable to pay a total of $1.6 million in restitution, $1,351,996 of which goes to the National Science Foundation and $300,000 to the Indiana Economic Development Corp. (link) Nov 20: Embezzlement former Chicago State University professor and interim dean is facing federal charges alleging she embezzled more than $650,000 from a student-based organization and used the funds for herself and her family. Carmita Coleman, 49, was charged Friday in the Northern District of Illinois court with four counts of wire fraud following a five-year scheme from 2011 to 2016 in which she allegedly took $651,272 from a national student organization that works to improve minority representation in the pharmacy industry. (link) Nov 17: Embezzlement: Special agents from the State Auditor's Office arrested a 60-year-old former Northeast Mississippi Community College employee, charging her with embezzlement and asking her to pay nearly $70,000. Amy Haynie is accused of embezzling cash from one of the college's petty cash fund and from students as they paid various college-related fees. Haynie was able to manipulate the records of how cash was collected and deposited. The lack of internal controls allowed her to hide the scheme for nearly four years. (link) Nov 16: Admissions Scandal/Bribery former Harvard University fencing coach and the chief executive of a telecommunications company were arrested on Monday on charges they engaged in a bribery scheme aimed at securing the admission of the businessman's two sons to the Ivy League school. Federal prosecutors in Boston said Jie \"Jack\" Zhao paid more than $1.5 million in bribes so that Peter Brand, the former coach, would help his sons get into Harvard by recruiting them to the men's fencing team. (link) Nov 13: Foreign Funding Fraud medical researcher and professor who had been working most recently at Ohio State University pleaded guilty Thursday to a charge stemming from what prosecutors called a sophisticated scheme to transfer U.S.-backed research to China. Song Guo Zheng, 58, of suburban Hilliard, and his research groups secured more than $4.3 million in grants from the National Institutes of Health for projects while receiving overlapping funding from the National Natural Science Foundation of China, according to a criminal complaint unsealed this year. (link) 2/17/25, 3:04 Case In Point 2/7 Nov 11: Fraud: The head of a suburban Chicago biotechnology company swindled the University of Iowa Hospitals and Clinics out of more than $1.6 million for personal protective equipment it urgently needed last March as the coronavirus was beginning to unfold here, federal authorities say. The equipment, they said, was never delivered to the hospital. Instead, they allege, the man used money he had defrauded from the Iowa City hospital and another university hospital to buy two Maserati automobiles and a Land Rover sport-utility vehicle. (link) Nov 03: Embezzlement former Unity College employee has pleaded guilty in federal court in Bangor to wire fraud, according to the United States Attorney's Office in Maine. Beth Bing, 49, of Waterville pleaded guilty Thursday to making unauthorized purchases on her Unity College credit card and using fraudulent telephone and email communications, according to court documents. Bing, who worked in finance for the college, racked up transactions totaling $516,834, according to federal prosecutors. From September 2015 through October 2019, Bing made \"personal purchases and payments, both over the internet and in point-of-sale transactions,\" without the knowledge or approval of Unity College officials, according to court records. (link) Compliance/Regulatory & Legal Events Nov 30: Discrimination Lawsuit: It has been 18 months since researchers from the University of Southern California exposed \"a palpable climate of anti-Blackness at Southwestern College\" that included Black employees being called racial slurs and being overlooked for promotions. And even though the South Bay community college has taken significant steps to address the report's findings, a group of five current and former Black employees have filed a discrimination lawsuit, suggesting the problems persist. (link) Nov 21: Public Records Lawsuit: This week, Brennan will face the next chapter in her fight against LSU. She's set to testify Monday afternoon in a court hearing over LSU's refusal to release full, unredacted police reports that she filed after her encounter with Guice. After Brennan and Today, which broke her story this week, filed a public records lawsuit against the university released some police reports this week. But the reports do not include Guice's name, and has continued to redact names of suspects, witnesses and victims in police reports that it has released to the public. Brennan called the reports that did release to her -- short on details, names blacked out -- \"a slap in the face.\" (link) Nov 20 Violations former University of Alabama associate athletics director violated ethical conduct rules when he received money in exchange for facilitating a meeting between the father of a student-athlete, a financial advisor and the financial advisor's representative, according to a decision released by the Division Committee on Infractions. The violations were discovered as part of a broader scheme involving money and influence in college basketball. (link) Nov 19: Sexual Misconduct Florida State University dean reprimanded a high-ranking chair within the College of Medicine after an investigation into sexual misconduct complaints by the school's Office of Equal Opportunity and Compliance. In separate interviews with lead investigator Amber Wagner, an human resources administrator, three women who worked at the college reported what they perceived to be unwelcome sexual advances from Dr. Leslie Beitsch, chair of Behavioral Sciences and Social Medicine at the College of Medicine. (link) 2/17/25, 3:04 Case In Point 3/7 Nov 19: Allegation Damages Lawsuit McGill student who was accused of sexual assault is now suing the university, a student paper, two student organizations and his accuser, saying his life has been unfairly ruined. Declan McCool, 24, is seeking $1.5 million in damages. McCool had just been elected the vice-president of McGill's student society last February when he was told that another student had accused him of sexual assault. He wasn't told who the accuser was, he said, or given details of the accusation, but he was required to defend himself before a committee of four engineering students. (link) Nov 18: Child Pornography McNeese State University faculty member is under arrest after an inappropriate image appeared in the background during an online class, according to university officials. Steven Stinnett, 48, was arrested late Tuesday on four counts of pornography involving juveniles. Stinnett was released at 8:20 a.m. Wednesday on $100,000 bond, set by Judge Sharon Wilson. Stinnett is a physics professor, according to his LinkedIn page. (link) Nov 18: Murder Charge University of Notre Dame employee has been charged with murder. Nijinsky Dix, 37, is also a PhD student at the University of Illinois Chicago. She's accused of killing her ex-boyfriend in Washington, D.C. on Saturday. Police say she may have been stalking her ex following their three month relationship, which ended in May. According to the University, Dix is the director of the Talent Search Upward Bound program. They say they are aware of her arrest and will cooperate with law enforcement as appropriate. (link) Nov 18: Sexual Harassment Settlement: The University of Michigan has reached a $9.25 million settlement with eight women who were sexually harassed by Martin Philbert, the former provost and chief academic officer at the school, the school and the women's lawyers confirmed. The names of the eight women were not released. The settlement did not include Philbert himself. The women could still file a lawsuit against him. (link) Nov 18: Title Allegations: Current and former female student-athletes, angered by what they call mistreatment of sexual misconduct victims by Colorado State University's athletic department, are making their grievances public in a show of solidarity. They assert athletic administrators have repeatedly failed to notify the university's Title compliance office within 24 hours after a reported incident, as required by federal law and university protocol related to sex discrimination protections. (link) Nov 17: Sexual Abuse Lawsuit Settlement: The prestigious University of California system has reached a proposed $73 million settlement with seven women who accused a former gynecologist of sexual abuse. As part of the class-action lawsuit, more than 6,600 patients of Dr. James Heaps could receive part of the settlement - even if they have not accused the former University of California, Los Angeles, gynecologist of abuse. (link) Nov 16: Title IX: For more than a year, people at the highest levels of the Louisiana State University athletic department fielded complaints about their prized running back, Derrius Guice. Early in the spring 2016 semester, a member of the diving team told her coach and an athletic department administrator that Guice raped her friend after she'd passed out drunk at a party. (link) Nov 15 Compliance: When Turner Yates arrived at Missouri in the summer of 2015, so much seemed possible. Former Missouri head coach Sasha Schmid had personally recruited her, and Yates was excited for her future. But just a year later, Yates was transferring. She says that she was pressured to play through an ankle injury so severe that after her freshman year, she had to undergo reconstructive surgery. Dating back to at least 2015, former Missouri tennis players say team trainers mishandled injuries and coaches held practices that violated rules and created a culture that fostered a lack of trust. (link) Nov 12: Race in Admissions appeals court on Thursday upheld Harvard University's use of race in undergraduate admissions, rejecting a challenge by affirmative action opponents who said 2/17/25, 3:04 Case In Point 4/7 the elite Ivy League college's policy discriminates against Asian Americans. Opponents of the decision by the first circuit court of appeals in Boston promised to appeal to the supreme court, where legal experts believe the 6-3 conservative majority could use the case to end more than 40 years of allowing race as a factor in higher education admissions. (link) Nov 11: Sexual Harassment: When Colorado State University student Lacey Mitchell met construction management assistant professor Ronald Holt, she remembers connecting with him over their shared love for artwork. \"He was the first construction teacher had,\" Mitchell said. \"He taught Construction 150.\" In the fall of 2019, Mitchell was trying out for a beauty pageant. Though she had her headshots taken, she agreed to a photoshoot offered by Holt. (link) Nov 11: Sexual Assault/Negligence Lawsuit: Lycoming College allegedly permitted an environment that allowed female students to be victimized in sexual assaults, according to a former student who filed a federal lawsuit in U.S. Middle District Court. The student, identified as Jane Doe, said that she was sexually assaulted by a men's basketball player in a dormitory two years ago. She has since transferred to another college claiming she felt unsafe at the liberal arts college. (link) Nov 10: Stalking/Harassment UConn police officer was arrested Tuesday after he harassed, photographed and stalked two coworkers, a top prosecutor said. Peter J. Zavickas, 54, a 17-year veteran assigned to the university's Avery Point campus in Groton, was arrested and charged with two counts each of electronic stalking, second-degree stalking, third-degree computer crime and fifth-degree computer crime. Authorities accused Zavickas of stalking two public safety employees by tracking their movements through university surveillance videos and by following them in person on UConn's Storrs campus, according to a warrant for his arrest. (link) Nov 05: Patterns in Sexual Abuse: Ohio State's Task Force on Sexual Abuse released a report Thursday identifying two principle themes that emerged in its work and analyzing patterns in chronic sexual abuse in higher education. The task force, which was assembled in fall 2019, reviewed public records of past sexual abuse cases in higher education nationwide, according to a university press release. Using those records, the task force was charged with discovering recurring patterns and identifying barriers to reporting incidents of misconduct, and identifying best practices to encourage reporting and for providing support for victims and survivors. (link) Campus Life & Safety Events Nov 30: Attempted Murder former Lehigh University student and chemistry major could face at least 20 years in prison after admitting that he laced his roommate's food and drink with a poisonous heavy metal. Yukai Yang pleaded guilty Monday to a single felony count of attempted murder after admitting he poisoned his roommate with the heavy metal, thallium. Yang acknowledged in court that he purchased the thallium used to poison his roommate. (link) Nov 24: Hazing: The University of Iowa has suspended -- effectively deregistering -- its Acacia Fraternity for high-risk hazing and a long list of violations, like berating new members for \"religious, political beliefs, or racial/ethnic identity,\" including during an initiation ceremony at the Masonic Temple of Iowa City. \"All new members were berated and called demeaning and misogynistic names at various times during Initiation Week,\" according to a lengthy investigative report provided to The Gazette following a public records request. (link) 2/17/25, 3:04 Case In Point 5/7 Nov 22: Greek Life: For years has been plagued by dangerous and sometimes illegal behaviors within its clutch of fraternities and sororities. Now, one year after the tragedy, the scope of that misconduct is coming into focus. An investigation by the Union-Tribune revealed that in the five years leading up to the accident, Greek chapters were widely and repeatedly called to account for a slew of violations. They allowed underage students to drink alcohol, performed abusive hazing rituals, and were accused of sexual harassment and assault, according to confidential records obtained through the California Public Records Act. (link) Nov 10: Vandalism man has admitted to spray-painting a racial slur on and otherwise damaging Iowa State University property in August. Nathan Page, 19, pleaded guilty Tuesday to criminal trespass and fourth-degree criminal mischief, both serious misdemeanors. Page was a freshman at Iowa State at the time of the crime. (link) Nov 11: Abuse Allegations: Wichita State and Gregg Marshall are expected to part ways in the coming days, a source told Sports, confirming a report from Stadium's Jeff Goodman on Tuesday night. The 57-year-old Marshall, who took Wichita State to the 2013 Final Four and is the winningest coach in school history (331-121), had been subject to a months-long investigation after allegations surfaced earlier this year regarding multiple verbal and physical incidents against former players and staff members. (link) Nov 06: Sexual Assault former Susquehanna University student has been found guilty of two misdemeanor counts of indecently assaulting her roommate in Hassinger Hall the day after the May 2019 commencement. But, a Snyder County jury Thursday acquitted Pratigya Thakur, 21, of the Bronx, N.Y., of rape. She remains free on $10,000 bail pending sentencing. She is no longer a student at Susquehanna. (link) Nov 05: Abuse Allegations: Midway through her freshman season at Oregon State, Kyla Waiters locked herself in the bathroom, and a concerned teacher's assistant called 911 just thought didn't want to live anymore,\" Waiters said. Her decision a few months earlier to accept a scholarship to play volleyball for coach Mark Barnard's team had been seeded with promises and hope. Before a single semester had passed, all that was gone. (link) Nov 02: Hazing: According to an affidavit signed by Police, Terry Pat Reynolds has been arrested for criminal hazing and failure to seek assistance after a Phi Kappa Psi pledge was put on life support after being hazed in Mid-October. Police say Reynolds then instructed the pledges to finish all the alcohol given to them and wouldn't let them leave until they had. Witnesses told police that Reynolds kept bringing out more alcohol, saying they hadn't finished the previous bottles fast enough. (link) Nov 01: Campus Sit-in Against Violence: The Students for Survivors Coalition has decided to end their sit-in following the releasing of a statement this evening from Clemson University President Jim Clements acknowledging the issue of interpersonal violence on college campuses. The Students for Survivors Coalition originally began the sit-in on Oct. 21, demanding more resources for victims of interpersonal violence and sexual assault be made available to survivors on Clemson's campus. (link) If you have any suggestions, questions or feedback, please e-mail me at [email protected]. We hope you find this information useful and would appreciate hearing your thoughts. Feel free to forward this email to your direct reports, colleagues, employees or others who might find it of value. Back issues of this newsletter are available on our web site. 2/17/25, 3:04 Case In Point 6/7 If you have any suggestions for items to include in future newsletters, please e-mail Robert Gottesman at [email protected]. Back to top \u00a9 Redistribution of this newsletter, with or without modification, is permitted provided Auburn University Office of Audit, Compliance & Privacy is listed as the source. 2/17/25, 3:04 Case In Point 7/7", "8624_102.pdf": "The Rocky Mountain Collegian \u2022 February 9, 2021 \u2022 something-about-sexual-misconduct/ Leibee: It\u2019s time for to say something about sexual misconduct Katrina Leibee Editor\u2019s Note: All opinion section content reflects the views of the individual author only and does not represent a stance taken by The Collegian or its editorial board. Colorado State University has had its fair share of scandal and controversy. Take the countless racial incidents that are brought to light by students themselves, handled by the administration and then seemingly forgotten about as attempts to recover its reputation. The Colorado State University Administration Building Sept. 9, 2019. (Gregory James | The Collegian) Now incidents related to sexual misconduct are starting to tally up. Students and faculty read and listen as professors face accusations of harassment, are placed on University leave or are arrested. The University isn\u2019t quick to speak up, often doing damage control after the fact rather than addressing the situation head on could be doing more to make its students, especially its female-identifying students, feel more comfortable on this campus. Any student who has faced a situation of sexual misconduct because of someone the University hired should be provided with free resources to help the recovery process. But it starts with the acknowledgement that a pattern might be present. It is not unreasonable to assume that students may feel afraid, and it is possible that what is going on is hindering some students\u2019 education.\u201d In April of 2019, police arrested Pamela Coke, a associate English professor accused of sexually assaulting a minor. Coke ultimately plead guilty to a \u201csecond-degree assault causing bodily injury,\u201d a \u201cnonsexual offense.\u201d This means Coke did not have to register as a sex offender. The court sentenced her to eight years probation, and the University never confirmed her employment status after the fact. However, students started their own petition to have her fired. Coke is still listed in the staff directory as an associate professor as well as on the English department\u2019s website. In October 2019, Ronald Holt, a construction management assistant professor, resigned from his position after an investigation regarding sexual misconduct with a student. When the student\u2019s parents requested to meet with University President Joyce McConnell regarding the incident, they instead met with the associate dean and dean of students and were handed a pamphlet on \u201cDiscipline against University Community Members Found to be Responsible for Committing Interpersonal Violence.\u201d The incident was not even entirely addressed until The Collegian\u2019s story this past November. According to The Collegian\u2019s report, the student \u201csaid it felt like the University wanted to have the problem go away and not become a \u2018big\u2019 issue.\u201d Now, Boris Kondratieff, a 66-year-old entomology professor, has been arrested for allegedly possessing child pornography. The University put Kondratieff on administrative leave in October 2020 due to the matter, and he is now scheduled to go to court on Feb. 22. That makes three cases all in the span of two years. Yet the University continues to be hush-hush about all of them. Although the president is limited on communications regarding matters like this, many details are left up to news outlets to figure out and the public to interpret. In the case of Holt, the student and her family couldn\u2019t even meet with McConnell privately regarding the matter. Since The Collegian\u2019s report, the University has made no statements about how they handle situations like this or what support they are offering to students that may feel afraid. At best, an email from Diana Prieto, the vice president for Equity, Equal Opportunity and Title IX, informed students of her office, and it largely responded to the Husch Blackwell case involving athletics but didn\u2019t refer to the case reported in The Collegian just a few days earlier. It is not unreasonable to assume that students may feel afraid, and it is possible that what is going on is hindering some students\u2019 education. The case against Holt was worsened by his inappropriate comments to a student during his office hours. Some students may be hesitant to make a visit to their male professor\u2019s office hours already, but they would be especially so now, knowing that the University hasn\u2019t responded to the issue. It seems as though the University often feels its best option is to say nothing, not even sending out the resources offered to students that have struggled with similar situations or who live in fear of interacting with their own professors on campus. The University will not even address why these cases keep happening and how students should go about learning when they are in fear that they may become the next name in the paper. It also raises questions about the hiring process and if students and their families should trust the professors and staff that work here. Why shouldn\u2019t students be scared on this campus? That is the question the University has yet to answer. Katrina Leibee can be reached at [email protected] or Twitter @KatrinaLeibee is being investigated twice on Title violations. Photo by Bianca Torrez", "8624_103.pdf": "The Rocky Mountain Collegian \u2022 November 11, 2020 \u2022 harassment-universitys-investigation-dismissed/ Former professor accused of on-campus harassment, CSU\u2019s investigation dismissed Laura Studley Editor\u2019s note: Names of survivors have been replaced by pseudonyms to ensure their and their families\u2019 safety and privacy. The accused and other sources are referenced by their given names. When Colorado State University student Lacey Mitchell met construction management assistant professor Ronald Holt, she remembers connecting with him over their shared love for artwork. \u201cHe was the first construction teacher had,\u201d Mitchell said. \u201cHe taught Construction 150.\u201d In the fall of 2019, Mitchell was trying out for a beauty pageant. Though she had her headshots taken, she agreed to a photoshoot offered by Holt. (Graphic illustration by Amy Noble, photo by Anna von Pechmann | The Collegian) \u201cHarmless, right?\u201d Mitchell said. \u201cI\u2019ve done a million photoshoots with men who are safe and sane human beings, and nothing has gone wrong literally had him in my classes has put all their trust in this man, so why shouldn\u2019t I?\u201d They were set to meet on campus at the preconstruction building. It began as a \u201cnormal\u201d photoshoot, she recalled. Holt brought three jackets of his own \u2014 an aviator jacket, a red button-up and a jean jacket, according to the Colorado State University Police Department report that was later filed. Mitchell said she didn\u2019t think much about it at first. On the way to the third floor to take additional photos, she remembers seeing students studying on the second floor felt safe,\u201d Mitchell said. On the third floor, Holt unlocked a door to a private area and let it close, the door locking behind them, Mitchell recalled. The police report indicates that was able to confirm the location where the incident occurred. The Collegian went to the building and confirmed that a key is needed to access the third floor. The report states that the photoshoot became \u201cincreasingly uncomfortable and sexual,\u201d according to Mitchell. Mitchell asked him to leave the room while she changed, but Holt stayed \u201cright outside,\u201d the report reads. \u201cShe said she was nervous changing her clothes and that she buttoned up the shirt,\u201d according to the report. \u201c(Mitchell) stated that, again, Holt immediately unbuttoned her shirt and tried to open the shirt to expose her breasts.\u201d Holt \u201ccoerced\u201d Mitchell to remove her shirt and bra, she later recalled in an interview with The Collegian never gave him permission. You can see how scared was. In that situation was just trying not to get raped.\u201d -Lacey Mitchell student \u201cHe kept (the door) wide open and was trying to peek around the whole time to watch me change and turn it into a game,\u201d Mitchell said. She then put on one of the jackets Holt brought upon his request, the police report stated. Holt proceeded to touch her inappropriately and make comments about Mitchell\u2019s body was scared because he was making these comments like, \u2018You make it so hard to behave myself\u2019 and was indicating that he was going to get aggressive if didn\u2019t go with what he was saying,\u201d Mitchell said. According to the report, Holt continued to ask Mitchell to keep unzipping the jacket she was wearing. Mitchell told police she consented to unzipping the jacket further until it was lower than she was comfortable with. Mitchell explained that she was going along with what Holt wanted to \u201cget it over with,\u201d according to the report. \u201cShe said she was topless in his jacket and felt like she could not run out of the room,\u201d the report reads. \u201cShe said she was alone with Holt on the third floor and that she did not want it to escalate. (Mitchell) stated that she did not want to push Holt to do something to her.\u201d In the police report, Mitchell said that she was \u201cimmediately uncomfortable\u201d when they entered the \u201csecluded\u201d third floor didn\u2019t feel like there was anywhere for me to go,\u201d Mitchell said later in an interview with The Collegian. She said the photoshoot remained professional until the door closed. Mitchell said she went along with Holt until he stated that he wanted to see her fully nude, which she said she did not consent to. \u201cI\u2019ll never forget it,\u201d Mitchell said. \u201cHe gave me a look in his eyes like he was a lion. Like he was staring at fresh meat. And there\u2019s no better way to describe it other than just pure anger because said, \u2018No.\u2019\u201d After the photoshoot was over, she got dressed to leave. As they went downstairs, Holt tried to kiss Mitchell on the lips, according to the police report. She turned her head and he ended up kissing her on the cheek, Mitchell recalled. \u201cMy body didn\u2019t feel like it was mine for a while after that, especially my chest because that\u2019s the part that he touched,\u201d Mitchell said later in an interview with The Collegian never gave him permission. You can see how scared was. In that situation was just trying not to get raped.\u201d Mitchell said she got in her car and began crying, thinking she cheated on her boyfriend. When she went to on Sept. 28, 2019, they explained there wasn\u2019t enough evidence to press criminal charges, according to Mitchell pretext call between Holt and Mitchell was taped at the police station for additional evidence. According to the police report, there were multiple attempts to reach Holt at the station. Holt said that he was attracted to Mitchell, stating that \u201cany guy would be,\u201d according to a phone call recording that was obtained by The Collegian. Earlier in the recording, he explained that he likes kissing any pretty girl, even though his wife didn\u2019t always appreciate it. Shortly after Mitchell\u2019s photoshoot with Holt, University student Ashley Roberts reportedly had a similar experience with the professor. I\u2019ve never really had a relationship with a professor where go to their office hours,\u201d she said. \u201cSo was like, \u2018Is this how professors act was questioning myself.\u201d -Ashley Roberts student In August of 2019, Roberts got a concussion from cheerleading. Her injury required testing accommodations for her classes. That fall, Roberts took Construction 150, the class Mitchell was previously enrolled in. Holt was teaching that semester and was \u201csuper understanding (and) nice,\u201d according to Roberts. She ended up failing an exam, resulting in her attending Holt\u2019s office hours. While there, Roberts recalled him asking personal questions she was uncomfortable discussing, including tattoos. Holt said that he would consider getting a tattoo of Roberts in a video she recorded in his office would probably do a henna or something first and see if liked it, but don\u2019t know what would want,\u201d he said in the video mean, Betty Boop or a picture of you.\u201d In the video, Holt encouraged Roberts to quit cheer. \u201cYou really need to quit, I\u2019m serious,\u201d Holt said. \u201cYou\u2019re a beautiful young lady; you don\u2019t want to screw that up.\u201d He continued to talk to Roberts about quitting. \u201cYou might throw a little fit and say, \u2018Hey, my life is more important, my parents are more important than you are, my boyfriend is more important than you are, my professor is way more important than you are,\u2019\u201d Holt said. Holt said he was an artist and could draw on Roberts whenever she wanted, Roberts said. Roberts declined the offer. However, Holt persisted, saying her grade in the class could be influenced, Roberts recalled. \u201cMaybe I\u2019ll draw a rose on your belly button,\u201d he said in the video. Roberts said he showed her previous photos he had taken. During this, Roberts recalls Holt putting his arm on her lower back, in a way that made her uncomfortable. Holt later asked if Roberts would be interested in taking photos with him, stating that she would look good behind his camera, Roberts recalled. She recalled him talking about his wife and commenting on younger women. In the video, Holt said that his wife was 18 when they got married, turning 19 a week later. He was 21 tell people raised my wife, taught her how to drive,\u201d Holt said in the video. Toward the end of the conversation, Roberts circled back to her exam, the initial reason she came in. She recalled asking about what avenues she could pursue to help with her exam. Roberts said Holt insisted that she take the exam in his office instead of going through The Institute of Teaching and Learning. He continued arguing back and forth with Roberts about taking the exam in his office, she said. They had made it very clear that, whatever they were going to do, we would not be informed of what was going to happen.\u201d- Kellie Mitchell, mother of Lacey Mitchell Eventually, she said she would have to check her schedule and left the office. \u201cIt was a lot,\u201d Roberts said was there for 45 minutes.\u201d According to Roberts, she ended up retaking the exam in the building. Though there was no official police report filed, Roberts said she spoke with Assistant Director for Complaints and Disabilities Jennifer Mayhew. After the discussion, Mayhew informed of the events, according to an email sent from Mayhew to Roberts. However, Roberts said she did not receive anything from the police following up. She didn\u2019t attend Holt\u2019s class after the meeting in his office. Roberts said she was later informed that Holt would no longer be teaching. After Roberts left Holt\u2019s office on Oct. 2, 2019, she explained she didn\u2019t feel right. She questioned if she was overreacting. \u201cI\u2019ve never really had a relationship with a professor where go to their office hours,\u201d she said. \u201cSo was like, \u2018Is this how professors act was questioning myself.\u201d Roberts was under the impression that action had been taken when she was told he left campus, but Mitchell\u2019s parents wanted more clarification. Kellie Mitchell, Lacey Mitchell\u2019s mother, demanded a meeting with President Joyce McConnell to discuss safety measures and a plan for action. Email records reviewed by The Collegian between Kellie Mitchell, her husband and the Office of the President indicate they had the intention of meeting with McConnell on Sept. 30, 2019. When they got there, McConnell was not present. Instead, the two met with Craig Chesson, associate dean of students, and Jody Donovan, dean of students. \u201cThey had made it very clear that, whatever they were going to do, we would not be informed of what was going to happen,\u201d Kellie Mitchell said. \u201cThey would move forward with it. It wasn\u2019t something we could inquire about.\u201d Lacey Mitchell\u2019s parents were given a pamphlet covering sexual misconduct and a packet titled \u201cDiscipline against University Community Members Found to be Responsible for Committing Interpersonal Violence.\u201d According to a University statement sent to The Collegian, the president is limited to what she can speak on in relation to personnel matters, especially when there is an ongoing investigation. The president did not attend the meeting with Mitchell\u2019s parents in order to avoid causing them \u201cfurther frustration given these constraints or allowing for the misconception that the president is free to speak about these matters,\u201d according to the statement. Kellie Mitchell said it felt like the University wanted to have the problem go away and not become a \u201cbig\u201d issue. \u201cThey never put (news) out (about the incident),\u201d Kellie Mitchell said. \u201cWhat if this happened to other women, \u2026 especially in construction management? They might be scared to say anything because he was kind of a bigger deal there. It\u2019s like (the University) just wanted it to go away and be quiet.\u201d According to CSUPD\u2019s public information officer, Dell Rae Ciaravola, public safety alerts are not sent out to the general public when it is a specific, targeted case, only when there is a broader threat. In this situation, the police already knew who the perpetrator was and did not need to send out an alert to get more information. Kellie Mitchell said that never contacted her or her husband after their initial meeting with the police on Sept. 30, 2019. She explained that they would only talk to Lacey Mitchell. On Nov. 9, The Collegian was contacted by a Fort Collins criminal defense lawyer, Joseph A. Gavaldon. He said that Holt, his client, would not be available for comment.\u201d \u201c(The police) were even very, very hesitant,\u201d Kellie Mitchell said. \u201cWhen (Lacey) was adamant about wanting to do the (phone call recordings), they made it so much so that we were like, \u2018Should you for sure do this?\u2019 They didn\u2019t think he would talk, and he did.\u201d In Guggenheim Hall, an on-campus building, there are three murals painted by Holt. One mural, painted by Holt in June of 2011, shows a ram standing on a rock with a quote from Albert Schweitzer reading, \u201cThe purpose of human life is to serve and to show compassion and the will to help others think my life is worth a little more than a retirement,\u201d Lacey Mitchell said. \u201cAnd who knows how many other countless girls he\u2019s done that to. Is that worth being able to retire don\u2019t think so have to walk by his room and all of his accolades, his mural and feel like he\u2019s a great person.\u201d According to Holt\u2019s LinkedIn account, he is retired from the University. However, he chose to resign from his position on Oct. 7, 2019, according to a University statement emailed to The Collegian placed Holt on administrative leave on Oct. 4, 2019, Ciaravola wrote in an email to The Collegian, \u201cpending an investigation by CSU\u2019s Office of Equal Opportunity.\u201d He resigned before the University could finish the investigation. The investigation was an employment investigation, not a criminal investigation, Ciaravola wrote. The office \u201ctook immediate action upon learning about this situation without (Mitchell) being required to file a formal complaint against Holt,\u201d according to Ciaravola. The University police did not pursue criminal charges against Holt because the evidence \u201cdid not meet the standard of probable cause,\u201d according to Ciaravola. This means that the case did not reach the criminal threshold to arrest or press charges against the suspect, Ciaravola wrote. Ronald J. Holt\u2019s signature on a mural in the Simon Guggenheim Hall of Household Arts on Laurel St. (Matt Tackett | The Collegian) \u201cBecause of this determination did not take the case to the (District Attorney\u2019s) office, and the note of \u2018exceptionally cleared\u2019 was entered into the (police) report,\u201d Ciaravola wrote, meaning there was not evidence of criminal activity. This was determined by several officers, investigators and leadership staff who worked on the case, Ciaravola wrote. \u201cThis decision was based on a deep and professional understanding of criminal law and on years of experience in working with the District Attorney\u2019s office,\u201d Ciaravola wrote. \u201cWhile was not able to determine that Holt\u2019s behavior rose to criminal conduct, they recognized that the behavior was concerning and worked to support the administrative investigation as much as possible.\u201d On Nov. 9, The Collegian was contacted by a Fort Collins criminal defense lawyer, Joseph A. Gavaldon. He said that Holt, his client, would not be available for comment. The aftermath Mitchell said that sexual harassment is not something anyone is safe from. \u201cThere\u2019s no guidebook for this,\u201d Mitchell said. \u201cYou\u2019re not protected because you\u2019re at home. You\u2019re not protected because it\u2019s a family member. You\u2019re not protected if it\u2019s a best friend. It can happen with and to anyone, and I\u2019ve learned that now want to make it clear to other women that have been through this that it\u2019s nothing to be ashamed of, and it\u2019s not our fault.\u201d- Lacey Mitchell student Assistant Director of Victim Services at the Women and Gender Advocacy Center Casey Malsam explained that people are taught to be nice and to not say \u2018No\u2019 outright. \u201cIf we can change the framing of putting the onus on the person who is experiencing the violence, in a way, that\u2019s victim blaming in and of itself,\u201d Malsam said. \u201cWhat can a person do to protect themselves from this? It is implying that they have the control to keep themselves from being harmed.\u201d Director of Victim Advocacy and Outreach for the Sexual Assault Victim Advocate Center Katie Abeyta explained that it is difficult to say that following certain steps will guarantee safety from sexual assault or harassment. \u201cThe fact of the matter is someone could be following all the quote-unquote safe things to do and still experience an assault,\u201d Abeyta said. Abeyta explained that the responsibility for preventing sexual assault or harassment lies with the perpetrator, as well as with members of society, holding others accountable to show that any form of sexual violence is unacceptable want to make it clear to other women that have been through this that it\u2019s nothing to be ashamed of, and it\u2019s not our fault,\u201d Mitchell said. Editor\u2019s Note: Serena Bettis, Lauryn Bolz, Jake Sherlock and Abby Vander Graaff contributed to this story. Sommer Ingram Dean with the Student Press Law Center provided legal advice for this story. Laura Studley can be reached as [email protected] or on Twitter @laurastudley_.", "8624_104.pdf": "From Casetext: Smarter Legal Research Holt v. U.S. Parole Comm'n Norfolk Division Nov 21, 2016 Civil Action No. 2:15cv529 (E.D. Va. Nov. 21, 2016) Copy Citation Download Check Treatment Meet CoCounsel, pioneering that\u2019s secure, reliable, and trained for the law. Try CoCounsel free Civil Action No. 2:15cv529 11-21-2016 HOLT, Petitioner, v and WILSON, WARDEN, Respondents. Douglas E. Miller United States Magistrate Judge Sign In Search all cases and statutes... Opinion Case details 2/17/25, 3:05 Holt v. U.S. Parole Comm'n, Civil Action No. 2:15cv529 | Casetext Search + Citator 1/14 Petitioner Ronald Holt (\"Holt\") seeks a writ of habeas corpus under 28 U.S.C. \u00a7 2241, alleging constitutional error in the execution of his sentence. Specifically, he raises an Ex Post Facto and due process challenge to the United States Parole Commission's decision to deny him parole No. 1). Respondents filed a responsive pleading that, while not styled as a motion to dismiss, sought dismissal of Holt's claims No. 8). The matter was referred to the undersigned United States Magistrate Judge for a report and recommendation pursuant to 28 U.S.C. \u00a7 636(b)(1)(B) and Rule 72(b) of the Federal Rules of Civil Procedure. For the reasons stated below, the undersigned recommends that the district court Respondents' Motion No. 8) and the petition. *2 2 Holt is a federal inmate serving an aggregated 89-year U.S. Code and D.C. Code sentence following convictions for two separate acts involving kidnapping, robbery, and rape while armed committed in 1984 (collectively \"1984 crimes\"). He was first sentenced to 35 years in prison by the U.S. District Court for the District of Maryland on February 4, 1985, for rape while armed and unauthorized possession of a firearm (\"U.S. Code violation\"). That crime occurred on June 6, 1984. He was then sentenced to an 18 to 54-year sentence in the D.C. Superior Court for kidnapping while armed, armed robbery, and rape while armed (\"D.C. Code violation\"). That incident occurred on August 20, 1984. Holt was also already on parole from a 5 to 20-year sentence imposed in 1970 by the D.C. Superior Court for first degree burglary, assault with intent to commit rape, and sodomy when the 1984 crimes were committed. Both sentences for the 1984 crimes were parole eligible, and the Federal Bureau of Prisons aggregated the sentences into an 89-year term with a parole eligibility date of August 4, 1997. 1 1 Holt was paroled from the 1970 conviction on December 5, 1980, and was to remain on parole until October 17, 1989. Holt's initial parole hearing for his U.S. Code violation was held on April 10, 1997 No. 1, at 24). The U.S. Parole Commission (\"U.S.P.C.\" or \"Commission\") determined that *3 Holt's offense behavior was a category 7 and his Salient Factor Score (\"SFS\") was a 4, which produced a guideline range of 78 to 110 months. Id. This was the amount of time to be served 3 2/17/25, 3:05 Holt v. U.S. Parole Comm'n, Civil Action No. 2:15cv529 | Casetext Search + Citator 2/14 \"before release for cases with good institutional adjustment and program achievement.\" Id. However, the Commission determined that Holt's case warranted a decision above the guidelines because he was \"a more serious risk\" than indicated by the statutory factors, taking into consideration the nature of his criminal history and the factual circumstances of his U.S. Code violation. Id. The Commission ultimately decided that Holt should serve 28 0 months of his federal sentence before he would be considered for parole from the D.C. Code violation. Id. The initial parole hearing for his D.C. Code violation was scheduled for April 2007. Id. Holt received interim hearings in 1999, 2001, 2003, and 2005 - but none made any change to the Commission's 1997 decision. See No. 1, at 35, 37-39). The initial hearing for Holt's D.C. Code violation did not occur until February 11, 2008 No. 1, at 50). At the hearing, and after applying the 1987 D.C. Board of Parole guidelines (\"1987 Board Guidelines\"), the Commission determined Holt's Grid Point Score to be a 2, which would normally result in release with the highest level of supervision No. 1, *4 at 48); D.C. Mun. Regs. tit. 28, \u00a7 204.19 (1987), as applied by 28 C.F.R. \u00a7 2.80(o). However, the Commission decided that a departure from the guidelines was warranted because Holt was considered a \"very high risk case for re-offending No. 1, at 48). The Examiner who conducted the hearing noted that Holt had been certified as a \"sexually dangerous person\" pursuant to 18 U.S.C. \u00a7 4248(a) and referred to Holt as a \"Serial Rapist No. 1, at 52). As a result, the Examiner concluded that parole should be denied, stating \"[t]he risk to the community is too great. Time and age does not necessarily take care of the mental disturbances that drive one to commit crimes like this man has committed.\" Id. 2 4 3 2 The D.C. Board of Parole jurisdiction was abrogated by the U.S. Parole Commission pursuant to the National Capital Revitalization Act of 1997. See Pub. L. No. 105-33, \u00a7 11231(a)(1), 111 Stat. 712, 745, codified at D.C. Code Ann. \u00a7 24-131 (West 2001). However, the Commission can still apply the D.C. Board of Parole's guidelines to offenses committed before August 5, 1998. See 28 C.F.R. \u00a7 2.80(o), (p). Whether the 1987 or 1972 D.C. Board of Parole guidelines apply is typically determined by the offense date. See id. Holt contends that because he committed his crimes in 1984 - before the 1987 Guidelines were in effect - the 1972 Guidelines should have been applied at 2/17/25, 3:05 Holt v. U.S. Parole Comm'n, Civil Action No. 2:15cv529 | Casetext Search + Citator 3/14 his parole hearings. As discussed in further detail below, however, the Commission applied the 1987 Guidelines in Holt's case pursuant to 28 C.F.R. \u00a7 2.65(e). 3 Holt's certification as a \"sexually dangerous person\" was apparently withdrawn in response to a motion filed by the U.S. Attorney's office on May 7, 2009 No. 1, at 78-79). Given the other reasons stated, there is no indication how central this certification was to the decision to deny Holt parole at the 2008 hearing. However, U.S. v. Comstock, 560 U.S. 126 (2010), upheld the constitutionality of U.S.C. \u00a7 4248(a) and Holt does not argue that reliance on this certification violated his constitutional rights. Holt's next parole hearing was held on April 26, 2012 No. 1, at 56). The Commission continued to apply the 1987 Board Guidelines and determined Holt's Grid Point Score was now *5 a 1, which would normally result in a grant of parole. Id. The Commission, however, decided to depart from the guidelines again citing the \"reasonable probability that [Holt] would not obey the law if released\" and that his release would \"endanger the public safety.\" Id. The Examiner noted that Holt had made positive adjustments in prison, including his long-standing participation in the Prison Industry System. Id. But the Commission also stated that Holt \"[has] not completed programs that the Commission believes reduces the risk that [Holt] will re- offend in a similar manner.\" Id. As a result, the Commission denied parole, and recommended that Holt participate in and complete a sex-offender treatment program. Id. 5 By Holt's next parole hearing in February 2015, he had completed the Bureau of Prison's sex-offender treatment program and his grid score was now a 0 - the lowest possible grid score a prisoner can achieve No. 1, at 65). The Commission decided again to depart from the guidelines and deny parole, citing Holt's probability of recidivism and danger to the public. Id. In recommending that parole be denied, the Examiner provided a reason that had never been offered at any of Holt's previous hearings. Specifically, the Examiner stated that \"[d]espite the fact that your Grid score is 0 and you recently completed the sex offender treatment program at Devens, parole is being denied because of the unusual cruelty to *6 the victims No. 1, at 74). The Examiner did not highlight any particular facts that led to this conclusion or give any reason for invoking it for the first time in 6 2/17/25, 3:05 Holt v. U.S. Parole Comm'n, Civil Action No. 2:15cv529 | Casetext Search + Citator 4/14 Holt's parole history. The Examiner also added that, given Holt's criminal history believe he should remain in prison do not believe he will remain crime-free if released. . . .\" Id. Holt filed his federal petition for habeas relief on December 4, 2015, under 28 U.S.C. \u00a7 2241 No. 1). In the petition and subsequent pleadings, Holt asserts several redundant challenges to the Commission's denials of parole. For the purposes of this review, Holt's arguments present two distinct claims for habeas relief. See, e.g., Jackson v. U.S. Parole Com'n, No. 2:07CV503, 2009 122592 *1 (E.D. Va. Jan. 16, 2009) (considering Ex Post Facto claim under Section 2241); Allen v. O'Brien, No. 1:14-cv-02545, 2015 4621453 *1 (S.D. W. Va. June 22, 2015) (aggregating due process claims brought under Section 2241). First, Holt argues that the Commission's application of the 1987 Board Guidelines violated the Ex Post Facto Clause of the U.S. Constitution. Specifically, Holt *7 contends that the Commission should have applied the 1972 Board Guidelines and failure to do so resulted in a longer prison sentence. Second, Holt claims that the Commission's denial of parole violated his rights under the Due Process Clause of the Fifth Amendment. Holt argues that the decisions to deny his parole were arbitrary, capricious, and biased and failed to consider all the relevant information. 4 7 4 Holt's pleadings as a whole make the following arguments: (1) That application of the 1987 Board Guidelines constitutes an Ex Post Facto violation; (2) that he has protected liberty interests that have been violated by denial of parole for arbitrary and capricious reasons and through application of the incorrect guidelines; (3) that the Commission abused its discretion by failing to consider favorable information; and (4) that the Commission's decisions were generally arbitrary, capricious, and an abuse of discretion. See Nos. 1, 9). Respondents filed a motion to dismiss, although it was not styled as such and included no Notice in accordance with Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1985), and Local Rule 7 No. 8). Before Holt was notified of his right to respond to the Respondents' motion he filed a Reply No. 9). After notification pursuant to Roseboro, he filed a Supplemental Reply No. 11). The court also ordered the parties to file supplemental briefing on issues raised in Holt's pleadings that were not 2/17/25, 3:05 Holt v. U.S. Parole Comm'n, Civil Action No. 2:15cv529 | Casetext Search + Citator 5/14 addressed in the Respondents' briefs No. 12). Having reviewed the record and the pleadings, the undersigned recommends the district court make the following findings of fact and conclusions of law prisoner seeking habeas corpus relief under Section 2241 must demonstrate that \"[h]e is in custody in violation of the Constitution or laws or treaties of the United States.\" 28 U.S.C. \u00a7 2241(c)(3). But Holt has failed to state a claim that *8 would entitle him to relief. His Ex Post Facto claim fails because the U.S.P.C. guidelines in question are not considered \"laws\" in the Fourth Circuit. Moreover, Holt has failed to plead facts that plausibly show how application of the 1987 Board Guidelines subjected him to a longer period of incarceration than he would have faced under application of the 1972 Board Guidelines. Additionally, Holt's due process claim that the Commission's previous denials of parole were \"arbitrary, capricious, and biased,\" exceeds the scope of this court's judicial power of review, and is not otherwise plausibly alleged by the facts. Accordingly, Holt has failed to state a claim under any of his theories of relief and the undersigned recommends that the district court Holt's petition. A. The Commission's Application of the 1987 Board Guidelines did not violate the Ex Post Facto Clause of the U.S. Constitution. 8 One function of the Ex Post Facto Clause, U.S. Const. art. I, \u00a7 9, cl. 3, is to bar enactments which, by retroactive operation, increase the punishment for a crime after its commission. See Garner v. Jones, 529 U.S. 244, 249-50 (2000) (citing Collins v. Youngblood, 497 U.S. 37, 42 (1990) (citations omitted)). \"Retroactive changes in law governing parole of prisoners, in some instances, may be violative of this precept.\" Id. at 250. But not every procedural change that creates the risk of affecting a prisoner's terms or conditions of *9 incarceration is prohibited. Id. (citing California Dep't. of Corrections v. Morales, 514 U.S. 499, 508-09 (1995)). The question is \"a matter of 'degree.'\" Morales, 514 U.S. at 509. The controlling inquiry in determining whether there has been an Ex Post Facto violation is whether the newly enacted law creates \"a sufficient risk of increasing the measure of 9 2/17/25, 3:05 Holt v. U.S. Parole Comm'n, Civil Action No. 2:15cv529 | Casetext Search + Citator 6/14 punishment attached to the covered crimes.\" Garner, 529 U.S. at 250 (citing Morales, 514 U.S. at 509). This standard, however, assumes that the enactment in question is in fact a \"law.\" And whether the U.S.P.C. Guidelines - and by extension application of the former D.C. Board of Parole Guidelines - constitute \"laws\" for the purposes of an Ex Post Facto challenge has not been decided by the Fourth Circuit. See McKissick v. U.S. Parole Com'n, 295 F. Supp. 2d 643, 647 (S.D. W. Va. 2003). But, while the Court of Appeals in this circuit has not squarely addressed the issue, trial courts in this district and a majority of the other circuits have concluded that the U.S.P.C. Guidelines are not \"laws\" that fall under the purview of the Ex Post Facto Clause. See Jackson, 2009 122592 at *3 (citing Dufresne v. Baer, 744 F.2d 1543, 1549-50 (11th Cir. 1984)); McKissick, 295 F. Supp. 2d at 647 *10 (collecting cases from second, sixth, seventh, ninth, and eleventh circuits). 10 5 5 It is worth noting that the circuit court cases relied on by McKissick and Jackson all pre-date the Supreme Court's Decision in Garner. In Garner, the Court considered whether retroactive application of a Georgia State Board of Pardons Rule that allowed for discretionary modification of the time between parole hearings violated the Ex Post Facto Clause. 529 U.S. at 246- 48. The Court held that the rule may violate the Ex Post Facto Clause and enunciated the standard to apply to retroactive parole guidelines, but ultimately concluded that the factual record was not sufficient to apply the test in that instance and remanded the case. Id. at 257. Both McKissick and Jackson fail to address what impact, if any, Garner has on the issue. And Garner seems to contradict the conclusion that parole guidelines are not \"laws\" because they are not legislative enactments. Id. at 251 (applying Ex Post Facto analysis to Georgia State Board of Pardons Rule 475-3-.05(2)); see also id. at 257 (Scalia, J., concurring in part would agree with the Court's opinion if we were faced with an amendment. . .prescribed by the Georgia Legislature.\"). -------- Again, the U.S.P.C. was granted sole jurisdiction over parole considerations for D.C. Code violators, such as Holt. See D.C. Code Ann. \u00a7 24-131 (West 2001). While the U.S.P.C. Guidelines still apply the D.C. Board Guidelines in certain cases, including Holt's, the decision to use them is not an application of a \"law\" for the purposes of an Ex Post Facto analysis. As a result, the 2/17/25, 3:05 Holt v. U.S. Parole Comm'n, Civil Action No. 2:15cv529 | Casetext Search + Citator 7/14 Commission's use of the 1987 Board Guidelines at Holt's parole hearings, instead of the 1972 Board Guidelines does not give rise to an Ex Post Facto claim. However, assuming - arguendo - that the Commission's application of the 1987 Board Guidelines could serve as the basis for an Ex Post Facto violation, Holt has still failed to state facts that plausibly allege a claim for relief. The *11 operative question is whether such retroactive application \"creates a significant risk of prolonging [Holt's] incarceration.\" Garner, 529 U.S. at 251. Aside from conclusory statements that he has been subjected to a longer period of incarceration, Holt offers little factual support for his claim. 11 The facts Holt does allege - namely that the 1972 Board Guidelines placed a larger emphasis on institutional performance and that the 1987 Board Guidelines put a greater emphasis on public safety - are contradicted by a comparison of the two Guidelines. While the 1987 Board Guidelines did implement a completely new point system where institutional performance is one of several factors used to reach the prisoner's \"Grid Point Score,\" the 1972 Board Guidelines also listed institutional performance as one of several factors without assigning any particular weight to it. Compare 28 C.F.R. \u00a7 2.80(o)(4) with 28 C.F.R. \u00a7 2.80(p)(v). More importantly, both Guidelines granted the board wide discretion to deny parole where they believed that the prisoner would re-offend or pose a danger to the community. See D.C. Mun. Regs. tit. 28, \u00a7 204.22 (1987); D.C. Mun. Regs. tit. 9, \u00a7 105 (1972). Accordingly, even if the court were to assess Holt's claims under the Ex Post Facto Clause, he has failed to allege facts which plausibly show that application of the 1987 Board *12 Guidelines created a significant risk of prolonged incarceration. 12 B. The Commission's Denial of Parole did not violate the Due Process Clause of the U.S. Constitution. Prisoners possess no federal constitutional liberty interest in parole. Swarthout v. Cooke, 562 U.S. 216, 220 (2011) (\"There is no right under the 2/17/25, 3:05 Holt v. U.S. Parole Comm'n, Civil Action No. 2:15cv529 | Casetext Search + Citator 8/14 Federal Constitution to be conditionally released before the expiration of a valid sentence, and the States are under no duty to offer parole to their prisoners.\"). Many courts also agree that the D.C. parole system does not create a constitutionally protected liberty interest in parole. See, e.g., Blair- Bey v. Quick, 151 F.3d 1036, 1047 (D.C. Cir. 1998). Without a constitutionally cognizable liberty interest, petitioners cannot pursue a procedural due process challenge to U.S.P.C. decisions. See Sansotta v. Town of Nags Head, 724 F.3d 533, 540 (4th Cir. 2013) (\"To succeed on a procedural due process claim, a plaintiff must . . . demonstrate that he had a constitutionally cognizable life, liberty, or property interest.\"); see also Allen v. O'Brien, No. 1:14-cv-02545, 2015 4621453 *1, *9 (S.D. W. Va. June 22, 2015). But the absence of a liberty interest in parole does not necessarily foreclose a substantive due process challenge to U.S.P.C. decisions. See Allen, 2015 4621453 at *9. *13 13 Assuming, without deciding, that Holt can raise a substantive due process challenge to the U.S.P.C.'s decision, the scope of judicial review is narrow. Indeed, the U.S.P.C.'s vast discretion in granting or denying parole prevents federal courts from reviewing those decisions on the merits. See Garcia v. Neagle, 660 F.2d 983, 988 (4th Cir. 1981). In Garcia, the Fourth Circuit held that the U.S.P.C.'s discretion limits a court's review to whether its decision \"exceeded its legal authority, acted unconstitutionally, or failed to follow its own regulations.\" Id. In that case, the court was reviewing a U.S.P.C. decision made under 18 U.S.C. \u00a7 4218(d) concerning parole from a U.S. Code violation. Id. Although this case concerns parole from a D.C. Code violation, the U.S.P.C. is granted the same type of broad discretion over parole decisions for D.C. offenders. See D.C. Code \u00a7 24-404(a). Beyond this narrow review identified in Garcia, courts in this circuit have rejected the availability of an \"abuse of discretion\" or \"arbitrary and capricious\" review over the merits of parole decisions. See, e.g., Allen, 2015 4621453 at *10 (rejecting abuse of discretion standard); Al-Ami'n v. Clarke, No. 2:13cv167, 2014 549326 *1, *4 (E.D. Va. Feb. 11, 2014) (rejecting arbitrary and capricious standard). Therefore, Holt's only viable due process challenge would require him to show that the U.S.P.C. \"exceeded its legal authority, acted *14 unconstitutionally, or failed to follow its own regulations\" by denying him parole. 14 2/17/25, 3:05 Holt v. U.S. Parole Comm'n, Civil Action No. 2:15cv529 | Casetext Search + Citator 9/14 In this case, Holt has not alleged facts sufficient to show that the U.S.P.C. violated the standard established by Garcia. Specifically, he has alleged that the U.S.P.C. violated its own regulations by applying the 1987 Board Guidelines instead of the 1972 Board Guidelines. And indeed, the U.S.P.C. regulations do establish that it \"may\" apply the D.C. Board of Parole guidelines that were in effect at the time the prospective parolee committed the offense of conviction. See 28 C.F.R. \u00a7\u00a7 2.80(o),(p). Under those regulations, the 1972 Board Guidelines could apply to Holt's case because his D.C. Code violation was committed \"on or before March 3, 1985.\" Id. at 2.80(p)(2)(i). However, Holt overlooks the applicable regulation that led the U.S.P.C. to apply the 1987 Board Guidelines in his case. In the case of inmates with combined U.S. and D.C. Code violations, like Holt, the regulations require the Commission to apply the \"point score system of the D.C. Board of Parole. . . to determine the prisoner's suitability for release on parole.\" 28 C.F.R. \u00a7 2.65(e). The \"point score system\" referred to in the regulation was not established until the enactment of the 1987 Board Guidelines. See D.C. Mun. Regs. tit. 28, \u00a7 204.22 (1987). Thus, the mandate to apply the point score system would necessarily preclude the application of the 1972 Board *15 Guidelines, which featured only a list of six non-exhaustive factors to guide the D.C. Board of Parole's exercise of discretion. See D.C. Mun. Regs. tit. 9, \u00a7 105 (1972). Further, the U.S.P.C. regulations also dictate that when the 1987 Board Guidelines are applied at the initial parole hearing - as was done in Holt's case - the Commission should continue to apply those guidelines at subsequent hearings. See 28 C.F.R. \u00a7 2.80(a)(4), (p)(7). Therefore, despite Holt's claims, the Commission did not violate its own regulations by applying the 1987 Board Guidelines. 15 Finally, Holt also argues that the U.S.P.C.'s decisions were \"arbitrary, capricious, and biased,\" citing the fact that he was still denied parole after completing institutional programming recommended by the Commission, and its use of evolving justifications to deny him parole. Again, the court's ability to review the U.S.P.C. decisions under an \"arbitrary and capricious\" standard is foreclosed by Garcia. See Allen, 2015 4621453 at *12 (citing Al-Ami'n, 2014 549326 at *4). The court has no authority to examine the merits of the Commission's decision. See Garcia, 660 F.2d at 988. Nonetheless, the record indicates that the Commission complied with its 2/17/25, 3:05 Holt v. U.S. Parole Comm'n, Civil Action No. 2:15cv529 | Casetext Search + Citator 10/14 own regulations and was within its discretion to deny parole, despite the completion of recommended programming or for reasons not mentioned in previous parole hearings. In addition, though Holt *16 makes conclusory claims of \"bias,\" he has not identified any statement, document, or practice which would support a claim of constitutional dimensions. 16 With respect to institutional programming, there is no mandate that the Commission grant parole on the basis that a prisoner has completed recommended programming. See Bogan v. Dist. Of Columbia Bd. Of Parole, 749 A.2d 127, 129 (D.C. 2000) (rejecting argument that prisoner was entitled to parole because he completed all required programing). Completion of institutional programming is just one of many factors that the Commission can take into account when exercising its vast discretion. See 28 C.F.R. \u00a7 2.80(o). Finally, the Examiner's use of \"unusual cruelty\" for the first time to deny parole in 2015 did not violate the 1987 Board Guidelines. Specifically, the Examiner stated that \"[d]espite the fact that your Grid score is 0 and you recently completed the sex offender treatment program at Devens, parole is being denied because of the unusual cruelty to the victims No. 1, at 74). Although \"unusual cruelty\" was not explicitly stated as a reason for denying parole at Holt's prior hearings, the 1987 Board Guidelines do not indicate that the failure to explicitly identify \"unusual cruelty\" at the initial parole hearing forecloses its use at subsequent hearings. See D.C. Mun. Regs. tit. 28, \u00a7 204.22 (1987); D.C. Parole Board, *17 Policy Guideline 3 (Oct. 23, 1995) (allowing for a finding of \"unusual cruelty\" where the crime involved \"physical, mental, or emotional abuse beyond the degree needed to sustain a conviction on the instant offense.\"). Moreover, \"unusual cruelty\" was not the sole factor for denying Holt's parole at the 2015 hearing. The Commission also cited \". . . .prior failure under community supervision and [Holt's] history of committing repetitive sex offenses while on parole supervision No. 1, at 74). Both of these additional factors - which were also cited in Holt's previous parole hearings - comply with the enumerated reasons the Commission may depart from the guidelines and deny parole. See D.C. Mun. Regs. tit. 28, \u00a7 204.22 (1987). Therefore, contrary to Holt's claims, the record indicates that the Commission applied its regulations correctly, and properly exercised its discretion to deny parole. 17 2/17/25, 3:05 Holt v. U.S. Parole Comm'n, Civil Action No. 2:15cv529 | Casetext Search + Citator 11/14 Accordingly, because Holt has failed to allege facts that indicate the Commission \"exceeded its legal authority, acted unconstitutionally, or failed to follow its own regulations,\" he has failed to state a claim that the U.S.P.C. violated his due process rights in denying him parole. See Garcia, 660 F.2d at 988. *18 18 For the foregoing reasons, the undersigned recommends that the Respondents' Motion to Dismiss No. 8) be and Holt's Petition No. 1 By copy of this Report and Recommendation, the parties are notified that pursuant to 28 U.S.C. \u00a7 636(b)(1)(C): 1. Any party may serve upon the other party and file with the Clerk any written objections to the foregoing findings and recommendations within fourteen (14) days from the date of mailing of this Report to the objecting party, 28 U.S.C. \u00a7 636(b)(1)(C), computed pursuant to Rule 6(a) of the Federal Rules of Civil Procedure party may respond to another party's objections within fourteen (14) days after being served with a copy thereof. 2 district judge shall make a de novo determination of those portions of this report or specified findings or recommendations to which objection is made. The parties are further notified that failure to file timely objections to the findings and recommendations set forth above will result in a waiver of right to appeal from a judgment *19 of this Court based on such findings and recommendations. Thomas v. Arn, 474 U.S. 140 (1985); Carr v. Hutto, 737 F.2d 433 (4th Cir. 1984); United States v. Schronce, 727 F.2d 91 (4th Cir. 1984). 19 /s/_________ Douglas E. Miller United States Magistrate Judge November 21, 2016 *20 20 2/17/25, 3:05 Holt v. U.S. Parole Comm'n, Civil Action No. 2:15cv529 | Casetext Search + Citator 12/14 Clerk's Mailing Certificate copy of the foregoing Report and Recommendation was mailed this date to each of the following: Ronald Holt, #21941-037 Federal Correctional Complex 1060 River Road P.O. Box 1000 Petersburg, Virginia 23804 Virginia Van Valkenberg Assistant United States Attorney United States Attorney Office 101 Main St Suite 8000 Norfolk 23510 Fernando Galindo, Clerk By /s/_________ Deputy Clerk November 21, 2016 About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support 2/17/25, 3:05 Holt v. U.S. Parole Comm'n, Civil Action No. 2:15cv529 | Casetext Search + Citator 13/14 Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/17/25, 3:05 Holt v. U.S. Parole Comm'n, Civil Action No. 2:15cv529 | Casetext Search + Citator 14/14"} |
7,425 | James R. Tewhey | Massachusetts Institute of Technology | [
"7425_101.pdf",
"7425_101.pdf"
] | {"7425_101.pdf": "Charges of Harassment Fly As Dean Ends Six-Year Tenure By Josh Hartmann Photography Editor Associate Dean for Student Affairs James R. Tewhey resigned yesterday afternoon amid charges and countercharges of harassment, as well as claims of mismanagement in his office. \"He has some problems think he needs to address at this time,\" said Provost Mark S. Wrighton, who accepted Tewhey's resignation think he has made the commitment to resolve them think he has done the right thing for himself and for MIT.\" Tewhey is involved in a court battle with Katherine M. Nolan, associate director of student financial aid, with whom he had an 18-month affair. Tewhey is currently under a restraining order preventing contact with Nolan and her 9-year-old daughter. The order was issued after both parties exchanged affidavits claiming harassment. Wrighton also praised Tewhey for his six years of service at MIT. \"He's been in a very difficult administrative position at MIT,\" Wrighton said. \"He has executed his responsibilities well.\" President Charles M. Vest said last night he had \"no personal comment.\" Tewhey did not respond to messages left last night Assistant Dean for Student Affairs Andrew M. Eisenmann '75 was handed Tewhey's day-to-day duties as head of the residence and campus activities section yesterday, according to Kenneth D. Campbell, director of the news office. While Dean for Undergraduate Education and Student Affairs Arthur C. Smith is on vacation, Associate Dean Robert M. Randolph will assume overall responsibility for Tewhey's department. \"This is a difficult situation for all of us,\" Randolph said in a statement to housemasters. \"Jim has made major contributions to the community that have made this a better place Tewhey's resignation and allegations surrounding his affair with Nolan will undoubtedly fuel the controversy over the Institute's handling of sexual harassment complaints think the students will be well-served in the future as think they have been in the past,\" Wrighton said hope we can continue to provide the services we have in the past.\" Past and present employees who worked under Tewhey offered conflicting opinions of Tewhey's managerial ability before news of yesterday's resignation spread. Humanities lecturer Ann Russo has dealt with Tewhey on a number of occasions as a lecturer in the Women's Studies Program. \"There's been a number of students and staff who have come to me with a number of problems they've had dealing with Tewhey,\" she said, adding that she felt many harassment cases were not handled properly. \"He did some inappropriate management things,\" said Adam Goodie, a former Dean's Office assistant who worked in the Undergraduate Asssociation office. \"He had very little contact with me, which bugged me.\" But Mary Ni, assistant dean for student affairs, tells a different story did hear from some people that he wasn't a good boss,\" she said. \"My personal assessment is that think he's pretty good have found him to be very fair and thoughtful. His managerial style is loose, but don't find it terribly problematic.\" Although sources said formal complaints were made regarding Tewhey's management procedure, Wrighton said he was not aware of those concerns and would not comment on personnel matters suspected MIT's plan was to get him out as soon as possible,\" said one source who has worked with Tewhey. \"It looks better for him to resign than be fired don't think he stands any chance of getting a student affairs position in Boston. It was a _fait accompli_ that he was going to leave,\" said the source, who requested anonymity. _(Editor's note: Hyun Soo Kim contributed to the reporting of this story.) ---- Copyright 1993 by The Tech. All rights reserved. This storied was published on Wednesday, April 21, 1993. Volume 113, Number 22 The story began on page 1 and jumped to page 3. This article may be freely distributed electronically, provided it is distributed in its entirety and includes this notice, but may not be reprinted without the express written permission of The Tech. Write to [email protected] for additional details."} |
8,479 | Jeffrey Franquet | Central Connecticut State University | [
"8479_101.pdf"
] | {"8479_101.pdf": "\uf39e \uf16d\ue61b\uf09e Enter Search Term \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f News Showcase Documents Show Professors Accused Of Sexual Misconduct Went On To Other Universities Tom Hopkins, Staff Writer October 17, 2019 One former Central Connecticut professor and a former athletics coach who were found to have violated the university\u2019s nondiscrimination and sexual misconduct policies have gone on to find employment elsewhere in their fields. In one of these cases, and two additional cases where criminal charges were pressed allowed these men to resign from their positions, instead of properly terminating them. In a June 2017 report, recently released by the university via request, a female student alleged that adjunct professor Mohamed Ghonaim had sexually harassed her on multiple occasions. According to the complaint, Ghonaim repeatedly made comments about her appearance, calling her beautiful and saying that she Trending Stories OPINION: Hadestown is Overrated Students Kick Off the Semester with Karaoke Night OPINION: The real value of studying abroad The Owl House Ends with Poignant, Spectacular Finale Haid\u2019s Career-High 25 Points Leads Men\u2019s Basketball Past to Win Sixth Straight Game Recent Stories From Florence to New Britain: South Carolina at the heart of men\u2019s basketball success Marcus Saunders, Staff Writer \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f resembled his ex-girlfriend. After arriving to class late one day and missing a quiz, Ghonaim instructed the student to stay after class. While alone Ghonaim sat next to her and commented on her resemblance to his ex- girlfriend whom was once a student of his and \u201cindicated he would give her special treatment and allow her to make up the quiz,\u201d the report said. Upon completion of the quiz, Ghonaim asked to walk out together, the student, already fearful of him, agreed. Once they arrived at his car, Ghonaim gave her his cell phone number, hugged her and suggested he walk her to her car which was parked in a different lot (Kaiser). Once at her car he asked for a ride back to his car. During the car ride he touched her hair, hugged her and kissed her on the cheek before leaving, according to the complaint. In another interaction in his office, Ghonaim shared with her the details of a sexually explicit dream he had of which she was the subject dreamt you came to ask me a question after class and things get very heated,\u201d Ghonaim said according to the complaint. \u201cWe went to the back room and give it to you from behind. It was so real that woke up from it, like a wet dream.\u201d According to the complaint, Ghonaim also manufactured ways to get himself alone with the student. He graded her notebook from a group project last, assuring they would be alone in the classroom together, then offering to walk her to the Kaiser parking lot where he began parking, which was further away from the building he worked in than Vance lot he usually parked in. Upon arriving at his car, he asked her to get in and talk, she declined, but he pressured her. Once inside, he commented on her looks and how much he loved her body, he touched her hair and began creeping his hand to her back, then further down her back near her butt. Despite her uncomfortable body language Ghonaim continued until she said she had to leave, at which point he insisted she eat candy and drink water that was in his Men\u2019s basketball wins seventh straight after defeating Mercyhurst 73-63 at home Ari Kinder, Staff Writer Devin Haid earns fifth Player of the Week: Abdul Momoh named Prime Performer Eary Banushi, Sports Editor \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f car to show that she trusted him. She declined. Ghonaim then told her how much he want to touch her and that \u201che has the \u2018sex drive of a teenager\u2019 because he has \u2018high testosterone,\u2019\u201d according to the complaint. He then put his hand on her inner thigh, when she attempted to leave he put his arms around her and asked her to stay. Ghonaim then asked to kiss her, she said no. He kissed her on the cheek anyway. She had to struggle to finally be able to leave the car. Ghonaim confirmed parts of the student\u2019s allegation while denying others. However, the investigators found him to not be credible and, based on the evidence, found it more likely than not that he violated CCSU\u2019s Nondiscrimination and Sexual Misconduct Policies by creating a hostile learning environment based on gender and using threats, demands, or suggestions that retention of one\u2019s educational status is contingent upon toleration of or acquiescence in sexual advances Director of Public Relations, Janice Palmer, said in an email that Ghoniam left as the university was taking the proper steps to terminate him. Ghonaim continues to teach at the University of Hartford and the Community College of Rhode Island. Ghonaim did not respond to request for comment. Representatives from the University of Hartford were not immediately available for comment, but Ghonaim is listed in their online directory as an adjunct professor did not respond to request for comment, but he is listed as an associate professor the school\u2019s website report from April 2014 investigated another alleged violation of nondiscrimination and sexual harassment policies, involving the women\u2019s softball coach at the time, Jeffrey Franquet, that found he subjected a player or employee (identifying information was redacted) to \u201csevere, pervasive and persistent unwelcome comments and actions of a sexual nature.\u201d According to the complaint, Franquet asked a female employee for sex, made sexual comments to and about \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f female athletes and employees, made inappropriate comments to female athletes about their bodies and showed a female employee a nude picture of himself. The investigators interviewed 21 student witnesses and 12 employee witnesses, and found that Franquet made inappropriate comments about his player\u2019s bodies. It was reported by one player that he said \u201cIf was [in college], or if could would date (redacted player name) she\u2019s like the perfect girl.\u201d Another player said that he showed her an inappropriate photo of himself, possibly naked. Several players also reported that he made comments that he could \u201cbounce a coin off\u201d or \u201cbalance a cup\u201d off their butts, told one player she had a \u201cghetto booty\u201d and called some players fat. According to the report\u2019s findings, four female employees detailed at least one occasion where Franquet talked about his sex life or made a comment about a sex act he wanted to do with them. One employee reported that Franquet once gauged her interest in having a threesome with him and his wife. According to the report, there were also rumors that Franquet had an inappropriate, perhaps sexual relationship with one of his players, but investigators found no evidence of the claim and rumored player failed to appear for an interview. It was also reported second- hand that Franquet made a comment to one of his assistant coaches that he wanted to \u201cstick it in any hole\u201d of a player\u2019s body. However, investigators were unable to interview the person who allegedly told the players about the comment and therefore could not confirm it. Franquet recently took a job coaching women\u2019s softball at Delaware State University am pleased to welcome Jeff Franquet and his family to Hornet Athletics Director of Athletics Dr. D. Scott Dines said in an announcement welcoming Franquet as the head coach. \u201cWe conducted an experienced, deep search, and Jeff \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f rose to the surface as a great fit for Softball,\u201d Dines said. Franquet did not respond immediately for comment and representatives from Delaware State University were unavailable for comment. Palmer said in an email that Franquet was properly terminated by the university. It is unclear if the University of Hartford, the Community College of Rhode Island or Delaware State University knew of the sexual misconduct violations of their respective employees. Palmer explained that under the teacher\u2019s union contract cannot share employee files. \u201cThough the Collective Bargaining Agreement prohibits the disclosure of personnel records is able to share whether or not an employee was in \u201cgood standing\u201d when they left, retired, or were terminated from the University,\u201d Palmer said in an email. The inability to disclose personnel files has led to others who have violated CCSU\u2019s sexual misconduct policies to go on to find work in their fields. As reported in 2010, Moises Salinas, an associate professor of psychology and CCSU\u2019s first Chief Diversity Officer, the person who handles all incidents of sexual misconduct on campus, was found by the University Counsel, Carolyn Magnon, to have made \u201cunwelcome sexual advances\u201d on a student. The student, Krystal Rich, alleged, according to the report, that Salinas asked her to go to lunch with him and while at lunch sat uncomfortably close to her and repeatedly touched her inappropriately. He grabbed her hand, holding it while rubbing it with his other hand and repeatedly touched her thighs. After leaving the restaurant, Salinas made further unwelcome advances on Rich is his car. He again touched her thighs, then grabbed her arm to pull her closer to him and attempted to kiss Rich. She turn her head so his lips landed on her cheek. Salinas pulled her closer again and even though Rich turned her head i h d t ki h th th d th \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f again, he managed to kiss her on the mouth and then jammed his tongue through her closed lips. Salinas tried kissing her again, but Rich successfully turned away so he only caught her cheek. He then forced his hand between her thighs and slid it up to her crotch. In her report, Magnon recommended the matter be referred to Human Resources for further action. Charges were brought against Salinas, he pleaded no contest and received just a one year suspended sentence and a two year conditional discharge, with the conditions that Salinas resign from CCSU, not teach again and leave the country. Salinas went back to his home country of Mexico and became the Academic Dean at Hebraica University in Mexico City. He is now the Rector (president) of University Mexico, grimly ironic, as the institution focuses on social justice and leadership, according to their website. Salinas has had a book published by Random House since the incident. In another report from 2014, adjunct English Professor Daniel Gula sexually assaulted student Shannon Cunningham. According to the report, he asked her for a hug and when she hugged him he held her tightly, grouped her, tried to kiss her and then put his tongue in her ear. When she told him to stop he continued and exposed his genitals to her. When Cunningham was leaving he asked her, \u201cWhat do you expect me to do with this?\u201d as he pointed at his penis. When she bent down to pick up her bag and leave, Gula rubbed his body against her backside. As reported at the time, Cunningham did not initially press criminal charges against Gula. She only did so after she discovered that allowed him to resign and he was able to get a job at an all-women\u2019s college. \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f \u00a9 2025 Pro WordPress Theme by \u2022 Log in The Recorder The Student News Site of Central Connecticut State U\u2026 \uf39e \uf16d\ue61b\uf09e Enter Search Term \uf002 Home Staff About Submit a Letter \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f"} |
7,532 | Karl Kjer | University of California – Davis | [
"7532_101.pdf",
"7532_102.pdf"
] | {"7532_101.pdf": "Former Davis professor filmed individuals showering without their consent, stored footage on university- owned hard drives (left (right) Accidental finding led to conviction of former Davis professor for filming of 19-year old Before taking time off for Winter Break in 2015, Karl Kjer, an entomologist and tenured professor at Davis, left the keys to his office with one of the junior specialists working in his lab so they could feed his fish while he was gone few weeks prior to Winter Break, Kjer had asked the junior specialist to order two 1-terabyte Western Digital external hard drives, purchased through the university, for the purpose of storing photographs and images for research-related purposes. The junior specialist, who recently recounted the incident to The California Aggie and who wishes to remain anonymous, said they had seen Kjer take the hard drives into his office \u2014 which had a separate door that locks independently. The plan was to transfer photos from an iMac to a computer hooked up to an imaging system volunteer working at the lab had asked the junior specialist to retrieve the hard drives from Kjer\u2019s office so they could begin transferring files went to find the hard drives [\u2026] in Karl\u2019s office and just picked up one and gave it to the volunteer and we plugged it into the iMac,\u201d the junior specialist said. \u201cAnd the hard drive\u2019s window [\u2026] automatically pops up. We saw all of these different little file names pop up, and we were like, \u2018What\u2019s this?\u2019 Because we weren\u2019t expecting them to be full already.\u201d 2/17/25, 3:09 Former Davis professor filmed individuals showering without their consent, stored footage on university-owned hard drives - Th\u2026 1/6 What they found on the hard drives was not the research data they expected, but internet pornography as well as videos Kjer had recorded himself in 2012 by setting up a camera inside the bathroom of his home in New Jersey to record individuals without their knowledge. The discovery of these materials on hard drives purchased by Davis later led to criminal charges. Kjer recently spoke to The California Aggie over email about his time at Davis and his ultimate resignation from the university for health reasons. \u201cWorking at Davis was the greatest honor of my life,\u201d Kjer said. \u201cMy colleagues in my department were so kind to me, and were unaware that for a short period prior to moving to California was consumed by an ugly, compulsive and addictive behavior that was unable to control commend those who shined a light on it, and in particular, one in whose strength and bravery is beyond measure never meant to harm anyone, and am sorry know cannot undo the harm caused deeply regret the impact of my actions on all those affected have been in therapy since, and am focusing on sobriety.\u201d ________________ In July of 2015, Karl Kjer accepted the Schlinger Chair of Systematic Entomology position in the Davis Department of Entomology and Nematology. Kjer left Rutgers University, in New Jersey, after 18 years at the university, for the tenured position at Davis. Kjer is a co-founder of the 1,000 Insect Transcription Evolution Project. According to the Davis Enterprise, the project\u2019s team had \u201cdeveloped state-of-the-art methods to analyze genetic data from the of modern insects and calibrate \u2018clocks\u2019 with fossil records\u201d which were then used \u201cto estimate the patterns and timing of insect evolution.\u201d Morgan Jackson, a Ph.D. candidate at the University of Guelph in Ontario, Canada, said via email interview that Kjer \u201cwas highly regarded for his work deciphering the higher relationships of insects using data, which he was an early proponent of.\u201d Jackson had cited \u201ca number of papers\u201d that Kjer had either published or contributed to. In November of 2015, Kjer hired a junior specialist who worked with him in a full-time position in his lab at Davis. \u201cWhen first started working with Kjer, we were going to set up a really nice imaging system for publications or just high-def microphotography [of] specimens we were going to use for his research,\u201d the junior specialist said. \u201cSince we did not get our imaging system first, we decided to kind of prepare for it, and so he [Kjer] asked me to order two hard drives.\u201d After opening files on just one of the two university-purchased hard drives stored in Kjer\u2019s office over Winter Break, the junior specialist and volunteer found a lot of \u201cterrible images that he recorded of quite a lot of women without them knowing.\u201d \u201cThere was a lot of folders of internet pornography that he downloaded, and we kind of closed the window and looked at each other like, \u2018What did we just find?\u2019\u201d the junior specialist said. \u201cAt a later point, after we looked through it and made notes [of] when they were taken, when did he last access them \u2014 they were spanning at least all the way back from 2010, up to 2012, 2013 lot of them said that he was still accessing them up to 2015, when was working.\u201d 2/17/25, 3:09 Former Davis professor filmed individuals showering without their consent, stored footage on university-owned hard drives - Th\u2026 2/6 In addition to the internet pornography stored on the hard drives, the junior specialist estimates that there were more than 10 videos Kjer had recorded himself, including a video of him installing the camera in the bathroom in his home in New Jersey. It appeared the camera was pointed at the shower and some individuals being filmed were partially clothed while others were nude \u2014 \u201call of them definitely did not know they were being filmed or imaged at the time.\u201d \u201cWe kind of freaked out a little bit and we weren\u2019t sure what to do,\u201d the junior specialist said. \u201cBoth of us were kind of scared the university wouldn\u2019t take us seriously or wouldn\u2019t take serious action against Karl. We were scared about that and we didn\u2019t know if we would get retaliated against.\u201d The junior specialist continued working with Kjer until his resignation from the university, although they took a medical leave because they were \u201cstressed and not coping too well with the entire situation decided to talk to one of the professors at Davis who really trusted,\u201d the junior specialist said. \u201dShe, through obligation, told me beforehand that she would have to tell the appropriate authorities at Davis if was going to tell her. She reported it to the Davis police and they got involved and ended up confiscating the computers at Kjer\u2019s lab, including the hard drives. The volunteer and [\u2026] also took backups of the evidence that were on the hard drives on our own little USBs and we turned those in too. Only through the professor talked to initially who reported this to did learn that he was encouraged to leave and that he himself decided to leave the university a week after this meeting.\u201d The university initially denied record requests from The California Aggie related to the incident, citing an exemption for disclosure in relation to personnel matters. However, the university did finally release a Summary of Incident Report. \u201cJune 10, 2016 Davis Police Department was contacted by College of Agricultural and Environmental Sciences (CAES) when student employees alleged that a tenured faculty professor had secretly videotaped possible students in a bathroom,\u201d the report states. \u201cJune 13, 2016 Davis Detective met with student employees and two administrators. Student employee discovered pornographic thumbnail images on hard drive. Student employees looked through some of the files and saw Kjer placing and removing a video camera in a bathroom after a female got out of the shower. Student employees copied and saved images and videos on a thumb drive but did not alert authorities until now. Detective reviewed videos and confirmed content.\u201d According to Sgt. Paul Henoch from the Davis Police Department, two concurrent investigations were occuring at this time \u2014 the university\u2019s investigation and the criminal investigation, which he was involved with. The report states that the modification/creation dates on the videos are 8/21/2012 and 8/22/2012, before Kjer came to Davis. Henoch was responsible for determining whether any criminal violations took place in California. One of Kjer\u2019s hard drives was seized, which Henoch said contained videos of surreptitious recordings of \u201cwomen [and] possible students in [the] bathroom, taking a shower, getting out of the shower [and] undressing.\u201d According to the report, \u201cDetective, with assistance of administrators, was able to confirm probable identity of one of the females in the video.\u201d Henoch said detectives confirmed the identity of one of the individuals using a still image of a posterboard of a project the student had been working on. The individual was not a Davis student. Ultimately, detectives \u201ccould not determine that any crime occurred in California.\u201d On June 16, a letter was delivered to Kjer which placed him on administrative leave and sent information to New Jersey. 2/17/25, 3:09 Former Davis professor filmed individuals showering without their consent, stored footage on university-owned hard drives - Th\u2026 3/6 \u201cOnce my investigation was completed, [the] university was very concerned about the safety of the students here, that\u2019s why went through all of the megabytes of imagery, videos and stuff like that,\u201d Henoch said was able to determine that none of it was our students or videotaped at Davis and it happened back in 2012-2014 over at possibly Rutgers University sent my incident report to Rutgers and they sent it to wherever they needed to send it.\u201d The California Aggie received a copy of The State of New Jersey vs. Karl M. Kjer, dated to 2017. \u201cWithin the jurisdiction of this court, knowing he is not licensed or privileged to do so, he photographs, films, videotapes, records or otherwise reproduces in an [sic] manner, the image of another person whose intimate parts are exposed or who is engaged in an act of sexual penetration or sexual contact without that person\u2019s consent and under circumstances in which a reasonable person would not expect to be observed, specifically by video taping (victim #1) while showering at his residence [\u2026in NJ] without her knowledge or consent, in violation N.J.S. 2C: 14- 9B (a third degree crime).\u201d Kjer was charged on Feb. 17, 2017 \u201cwith one count of invasion of privacy\u201d for filming a 19-year old woman showering in his bathroom in June of 2015 without her knowledge, according to the website for Middlesex County, New Jersey. One article from a local New Jersey publication states that he has avoided jail time and was sentenced to three years probation. \u201cHe would invited people over to his house for parties because sometimes that\u2019s what lab professors do [\u2026] so they can connect and get along with each other,\u201d the junior specialist said. \u201cBut he was just using it for a really malicious purpose.\u201d In email communication with The California Aggie, Kjer said both he and Davis administrators \u201ccame to an agreement of confidentiality\u201d over his resignation in June of 2016 which \u201cwas health related.\u201d After news broke in 2017 that Kjer had been charged in New Jersey, however, some students and staff in the Department of Entomology and Nematology were upset the university had not told them about the investigation. Some Davis students found out about the charges through tweets. One tweet from entomologist Fran Keller, who works at the Davis Bohart Museum, states: \u201cNow we know why he left an entomology endowed systematics chair at UCD. He\u2026 secretly recording woman in shower.\u201d Other students found out about the charges from Jackson, the aforementioned Ph.D. candidate in Canada, who also tweeted about the news. \u201cI\u2019m sorry that the Davis entomology community learned about Kjer\u2019s deeds via my Twitter rather than from their institution and \u201cleadership,\u201d\u201d Jackson wrote via email interview. \u201cFor what it\u2019s worth originally learned of the story from a Davis alum who shared the first news report from New Jersey and noted that this would explain why Kjer seemingly disappeared in the dead of night from a high profile research chair position.\u201d On March 2, 2017, Steve Nadler, the chair of the Department of Entomology & Nematology, sent an email to graduate students addressing the arrest of Kjer in New Jersey understand that this has been disturbing news to those of you who have become aware of this thing through social media,\u201d Nadler wrote in the email. \u201cSeveral of you have expressed concerns to me about what may have taken place while Karl was employed at Davis. Please be assured that share your concerns about Dr. Kjer. it is my understanding that the University learned of this matter in June, 2016. The University acted immediately to launch a criminal investigation and placed Dr. Kjer on involuntary leave.\u201d Nadler also offered to organize \u201ca joint student-faculty committee to address any remaining concerns you may have regarding student safety or graduate student-faculty interactions.\u201d On March 9, Nadler sent another email. 2/17/25, 3:09 Former Davis professor filmed individuals showering without their consent, stored footage on university-owned hard drives - Th\u2026 4/6 realize that one of the disturbing things about [\u2026] the Karl Kjer incident is that there is concern among those of you who visited Karl\u2019s home that your privacy could have been violated,\u201d Nadler wrote also understand that this concern may persist despite that the Davis police found no evidence of criminal activity taking place in Davis based on university computers and backup drives seized from Dr. Kjer (and examined by the police had a conversation about this with members of the Dean\u2019s office today, and they recommend that if you have any reason to believe that you could have been a victim of Dr. Kjer, please contact the Davis police to discuss the matter with them.\u201d After Kjer\u2019s departure from the university, his former junior specialist was able to work in Nadler\u2019s lab for some time. The junior specialist said that while they did feel the university addressed the situation, they also felt \u201cthey were trying to sweep it under the rug.\u201d Entomologist Gwen Pearson, who is also Purdue University\u2019s Department of Entomology Education and Outreach coordinator, is the founder and head of Ento-Allies, which serves as \u201cvictim advocates.\u201d Pearson spoke to The California Aggie not as part of her official capacity as an official at Purdue. \u201cEntomology itself is an interesting discipline,\u201d Pearson said. \u201cFor many, many years, women were quite scarce. At this point, we have almost equal male/female student numbers, but in terms of tenured members in entomology or people who are in the industry, there\u2019s still a pretty significant skew towards men. We\u2019re there for the people who have had bad things happen. Especially when you have power situations, like a faculty member and a student, not everybody wants to file a complaint but they do need support and advice and somebody to say, \u2018It\u2019s totally not your fault that you were picked on, it\u2019s totally not your fault that someone touched you inappropriately, and we will stay with you and here\u2019s some options for you.\u2019\u201d Pearson discussed what she says is a pattern in the scientific community where a male professional will engage in inappropriate behavior, resign and quickly find another job. \u201cRight about the time they\u2019re called on it, and proceedings begin, if they resign, it\u2019s over because they\u2019re no longer an employee and the university no longer has any sway over that,\u201d Pearson said. \u201cVery often what happens is [\u2026] someone will get in trouble and resign, start over at a new institution and their bad behavior doesn\u2019t necessarily follow them from institution to institution.\u201d An example of this pattern, which Pearson discussed, is that of the accusations of sexual misconduct as well as research misconduct aimed at University of Kentucky Professor of Entomology James Harwood, who subsequently resigned from his position. The university decided not to pursue an investigation after Harwood\u2019s resignation. \u201cI\u2019ve seen it happen a couple of times where someone resigns and back channel talk is all \u2014 they get caught doing something they shouldn\u2019t have done \u2014 and they get a new job,\u201d Pearson said. \u201cIt really baffles me why, when there\u2019s such a huge pool of talented scientists, why do we keep rehiring people who we know behave badly?\u201d Jackson discussed his frustration when, after the news broke of Kjer\u2019s criminal charges, colleagues \u201cshrugged it off,\u201d chastised him \u201cfor speaking out and condemning him before he was found guilty\u201d or \u201cwho continued to publish with him.\u201d \u201cIf academics are too afraid or too weak to call out someone who has been criminally convicted for exploiting multiple victims, how can we trust them to do the right thing when a case isn\u2019t as black and white?\u201d Jackson said. \u201cHow can we trust them to stand up for their students, their employees, or the general public interacting with their institution if they can\u2019t bring it upon themselves to publicly comment and condemn someone like Kjer? I\u2019m equally concerned about scientists who may choose to overlook these charges and still consider Kjer a scientist worth collaborating with, as if his ideas and influence excuse his exploitation of other humans.\u201d 2/17/25, 3:09 Former Davis professor filmed individuals showering without their consent, stored footage on university-owned hard drives - Th\u2026 5/6 For Pearson, in a circumstance such as this, it is important to make sure people are informed \u2014 \u201cthere\u2019s things that we can do personally, which is what I\u2019m focused on, by being as supportive as can to victims.\u201d \u201cThis is not someone you should collaborate with,\u201d Pearson said. \u201cThe larger part is, the consensus we are moving towards, is that harassment, assault \u2014 that\u2019s a type of misconduct that is scientific misconduct. If you can\u2019t be a good human, then you can\u2019t be a good scientist.\u201d Written by: Hannah Holzer \u2014 [email protected] 2/17/25, 3:09 Former Davis professor filmed individuals showering without their consent, stored footage on university-owned hard drives - Th\u2026 6/6", "7532_102.pdf": "All Access + the daily online newspaper \u2013 Start today for $1 Man who secretly filmed teen in shower avoids jail Updated: Sep. 12, 2017, 6:00 p.m. | Published: Sep. 12, 2017, 5:00 p.m. By Luke Nozicka Advance Media for NJ.com former Highland Park man who illegally videotaped women, including a 19 year old he secretly filmed while she showered at his home, was sentenced Monday to three years of probation. Subscribe Karl Kjer (Middlesex County Prosecutor's Office) Karl Kjer, 57, was ordered to have no contact with the teenager he allegedly videotaped with a hidden camera in June 2015, the prosecutor's office said. He must also undergo a mental health evaluation and treatment. Kjer, who now lives in Jersey City, was charged with invasion of privacy in February after the teenager was identified. Authorities said they obtained additional spy camera videos they believe were taped by Kjer, however, the women in those videos have not been identified N.J. Syrian cheese maker revels in the country\u2019s new found freedom Feb. 11, 2025, 1:00 p.m. Meet four N.J. boys basketball standouts closing in on 2,000-point milestone Feb. 11, 2025, 1:32 p.m. It was unclear how Kjer knew the women or why the teen was at his home. Luke Nozicka may be reached at [email protected]. Follow him on Twitter @lukenozicka. Find NJ.com on Facebook. If you purchase a product or register for an account through a link on our site, we may receive compensation. By using this site, you consent to our User Agreement and agree that your clicks, interactions, and personal information may be collected, recorded, and/or stored by us and social media and other third-party partners in accordance with our Privacy Policy. About Us About NJ.com Advertise with us Contact Us Newsletters Jobs at Advance Media Accessibility Statement Subscriptions NJ.com The Star-Ledger The Times of Trenton South Jersey Times The Jersey Journal Newsletters Already a Subscriber Manage your Subscription Place a Vacation Hold Make a Payment Delivery Feedback NJ.com Sections N.J. News Local News N.J. 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8,201 | Gerald Muller | St. Edward's University | [
"8201_101.pdf",
"8201_102.pdf",
"8201_103.pdf",
"8201_104.pdf"
] | {"8201_101.pdf": "22 Clergy Members Have Been Credibly Accused Of Abusing Minors In The Austin Diocese 90.5 | By Andrew Weber Published January 31, 2019 at 11:40 Jorge Sanhueza-Lyon candlelight vigil was held last night at St. William's Catholic Church in Round Rock ahead of today's announcement. Sign Up to see what your friends like. Like Share Austin\u2019s Catholic Diocese says 22 clergy members have been credibly accused of sexual abuse of minors over the past seven decades. In an announcement today, Austin Bishop Joe V\u00e1squez apologized \"to the victims and their families for the diocese's failures.\" Donate World Service 2/17/25, 3:10 22 Clergy Members Have Been Credibly Accused Of Abusing Minors In The Austin Diocese Radio, Austin's Station 1/13 Bishop V\u00e1squez Announcement (Jan, 2019) Diocese of Austin 02:04 \"It is my prayer and hope that publishing this list will help to bring healing from the hurt and anger caused by the lack of accountability and transparency on the part of church leadership,\" V\u00e1squez said. \"We want to assure the victims that we\u2019ve definitely heard them, listened to them, and we care about them,\" he said. The diocese cautioned in its announcement that these allegations \u201chave not been substantiated or proven\u201d to the diocese or authorities. It hired independent legal counsel to search for allegations and determine whether they were credible under state law. However, that determination, the diocese says, doesn\u2019t \u201cestablish that a crime was committed.\u201d V\u00e1squez said the release of names was a step in the right direction and that the work to protect children from abuse was just beginning for the diocese. \"I\u2019m going to do my part as the shepherd of this diocese to be able to do that. So let\u2019s continue to take care of children, young people. They need to be protected from all harm, especially sexual abuse by clergy,\" he said. \"Clergy are supposed to protect, take care of, defend, be concerned about young people, children and youth.\" The diocese says victims were all under 17 at the time of the alleged abuse, and that the timeframe of the allegations stretches back 70 years. Only one of the 22 clergy World Service 2/17/25, 3:10 22 Clergy Members Have Been Credibly Accused Of Abusing Minors In The Austin Diocese Radio, Austin's Station 2/13 members is still active in the church. All the credible allegations occurred within the Diocese of Austin, which covers 25 counties in the Central Texas area. One of the people on the list is Brother Gerald Muller, who retired from teaching at St. Edward's University in 2014. Muller was accused of abusing a 17-year-old student in 1986. In a statement, the president of the university, George Martin, said St. Ed's investigated the incident after it found out about it in 2017. It concluded the allegation was credible and banned him from campus and campus events recognize that these egregious breaches of trust are difficult and sad news for our university community,\" Martin said. \"All of us at the university grieve for the victims of sexual abuse. Maintaining the physical and emotional safety of our students is central to the mission of St. Edward\u2019s.\" The diocese says it will maintain the list and add to it if any other credible allegations surface. It also urged anyone who has experienced abuse to report it to law enforcement. Fourteen other dioceses in Texas are expected to announce similar lists today. Texas' dioceses announced their intention to release the names in October, along with a plan to revamp the process of documenting abuse allegations. It was spurred by revelations last year of massive cover-ups of abuse allegations in Catholic parishes across the world, including a case involving hundreds of abuse allegations in Pennsylvania. You can read the list in its entirety below. Aguilar, Ricardo Assignment Information Diocese or Religious Order: Diocese of Austin Current Status: Laicized Birth: 1959 Ordination: 1995 Removal from Ministry: 2011 Laicization: 2017 Clogan, Paul M. Assignment Information Diocese or Religious Order: Diocese of Portland, Maine World Service 2/17/25, 3:10 22 Clergy Members Have Been Credibly Accused Of Abusing Minors In The Austin Diocese Radio, Austin's Station 3/13 Current Status: Deceased Birth: 1931 Ordination: 1999 Death: 2012 Delaney, Daniel Joseph Assignment Information Diocese or Religious Order: Diocese of Austin Current Status: Deceased Birth: 1946 Ordination: 1973 Death: 2008 Drinan, Daniel Michael Assignment Information Diocese or Religious Order: Congregation of Missionaries, Sons of the Immaculate Heart of the Blessed Virgin Mary Current Status: Laicized Birth: 1948 Ordination: 1977 Removal from Ministry: 2002 Expulsion: 2006 Laicization: 2014 Eggerling, Milton Assignment Information Diocese or Religious Order: Diocese of Oakland, previously of the Diocese of Sioux Falls Current Status: Deceased Birth: 1921 Ordination: 1954 Death: 2008 Faust, Claude Assignment Information Diocese or Religious Order: Diocese of Austin Current Status: Deceased Birth: 1914 Ordination: 1939 Death: 1973 World Service 2/17/25, 3:10 22 Clergy Members Have Been Credibly Accused Of Abusing Minors In The Austin Diocese Radio, Austin's Station 4/13 Gallagher, James Assignment Information Diocese or Religious Order: Diocese of Austin (Deacon) Current Status: Deceased Birth: 1932 Diaconate Ordination: 1984 Death: 2005 Garcia, Jim Castro (a/k/a Santiago) Assignment Information Diocese or Religious Order: Archdiocese of Kingston, Jamaica Current Status: Priest for the Archdiocese of Kingston, Jamaica Birth: 1968 Ordination: 2017 Additional Information: Dismissed from seminary for the Diocese of Austin in 2011. Later ordained for the Archdiocese of Kingston, Jamaica. Greenwell, James H. Assignment Information Diocese or Religious Order: Third Order Regular of St. Francis, previously of the Order of Friars Minor Current Status: Deceased Birth: 1924 Ordination: 1954 Death: 2012 Hand, Jr., Chester Culver Assignment Information Diocese or Religious Order: Diocese of Austin Current Status: Deceased Birth: 1920 Ordination: 1986 Death: 2002 Kinder, Conrad Assignment Information Diocese or Religious Order: Society of the Divine Word Current Status: Deceased Birth: 1891 Ordination: 1921 World Service 2/17/25, 3:10 22 Clergy Members Have Been Credibly Accused Of Abusing Minors In The Austin Diocese Radio, Austin's Station 5/13 Death: 1978 Krol, Michael Francis Assignment Information Diocese or Religious Order: Diocese of Austin Current Status: Deceased Birth: 1919 Ordination: 1945 Death: 1996 Muller, Gerald Assignment Information Diocese or Religious Order: Congregation of Holy Cross (Religious Brother) Current Status: Restricted Birth: 1927 Vows: 1946 Removal from Ministry: 2017 Restricted: 2017 Nowery, C. Richard Assignment Information Diocese or Religious Order: Congregation of Holy Cross Current Status: Deceased Birth: 1938 Ordination: 1968 Death: 2018 O'Connor, James R. Assignment Information Diocese or Religious Order: Diocese of Austin Current Status: Laicized Birth: 1942 Ordination: 1969 Removal from Ministry: 2004 Laicization: 2018 Ozuna, Rafael Rendon Assignment Information Diocese or Religious Order: Diocese of Austin (Deacon) Current Status: Laicized Birth: 1944 World Service 2/17/25, 3:10 22 Clergy Members Have Been Credibly Accused Of Abusing Minors In The Austin Diocese Radio, Austin's Station 6/13 Diaconate Ordination: 2007 Removal from Ministry: 2010 Laicization: 2013 Reyes, Longinus Juventius (a/k/a Lonnie) Assignment Information Diocese or Religious Order: Diocese of Austin Current Status: Removed from Ministry, Retired Birth: 1942 Ordination: 1969 Removal from Ministry: 2004 Retirement: 2004 Robles, Victor G. Assignment Information Diocese or Religious Order: Diocese of Austin, previously of the Society of Jesus Current Status: Removed from Ministry, Retired Birth: 1953 Ordination: 1986 Removal from Ministry: 2002 Retirement: 2009 Tijerina, Alberto Matta Assignment Information Diocese or Religious Order: Diocese of Austin, previously of the Diocese of San Angelo Current Status: Removed from Ministry Birth: 1954 Ordination: 1980 Removal from Ministry: 1993 Waiches, Vincent Assignment Information Diocese or Religious Order: Diocese of San Diego, previously of the Society of the Divine Word Current Status: Deceased Birth: 1919 Ordination: 1946 Death: 1995 Willemsen, Adrianus Johannes (a/k/a Andy, Andrew, Andre) Assignment Information World Service 2/17/25, 3:10 22 Clergy Members Have Been Credibly Accused Of Abusing Minors In The Austin Diocese Radio, Austin's Station 7/13 Diocese or Religious Order: Diocese of Austin, previously of the Congregation of the Mission of the Society of St. Vincent de Paul Current Status: Deceased Birth: 1928 Ordination: 1954 Death: 2012 Wozniak, Louis J. Assignment Information Diocese or Religious Order: Diocese of Austin Current Status: Removed from Ministry, Retired Birth: 1926 Ordination: 1951 Removal from Ministry: 2015 Retirement: 1999 This post has been updated. Jerry Quijano contributed to this report. Tags Austin Clergy Sex Abuse Catholic Church Trending Andrew Weber Andrew Weber is KUT's government accountability reporter. Got a tip? You can email him at [email protected]. Follow him on Twitter @England_Weber. See stories by Andrew Weber Latest Stories World Service 2/17/25, 3:10 22 Clergy Members Have Been Credibly Accused Of Abusing Minors In The Austin Diocese Radio, Austin's Station 8/13 Energy & Environment On anniversary of Texas blackouts forecasts potential energy shortages in coming years En Espa\u00f1ol El cerebro de Elon Musk est\u00e1 en DC. Pero el coraz\u00f3n de su imperio est\u00e1 en Texas y sigue creciendo. En Espa\u00f1ol En Austin ya es ilegal estacionarse en los carriles para bicicletas Texas Standard Texas runner laces up to break another world record at Austin Marathon Related Content World Service 2/17/25, 3:10 22 Clergy Members Have Been Credibly Accused Of Abusing Minors In The Austin Diocese Radio, Austin's Station 9/13 Austin Bishops In Texas Say They Will Reveal The Names Of Clergy Accused Of Abuse Andrew Weber, October 10, 2018 The Diocese of Austin says it will release the names of clergy who have been accused of molestation.In a statement this afternoon, Austin Bishop Joe World Service 2/17/25, 3:10 22 Clergy Members Have Been Credibly Accused Of Abusing Minors In The Austin Diocese Radio, Austin's Station 10/13 Texas What We Can Learn From 20-Year-Old Dallas Priest Sex Abuse Trial August 27, 2018 From Texas Standard:Last week, a priest went missing from his Texas parish, and a U.S. cardinal missed his trip to Ireland with Pope Francis. Both have \u2022 5:40 World Service 2/17/25, 3:10 22 Clergy Members Have Been Credibly Accused Of Abusing Minors In The Austin Diocese Radio, Austin's Station 11/13 Stay Connected \u00a9 2025 Public Media service of the Moody College of Communication at the University of Texas at Austin [email protected] About Us Newsletters Events Schedules How To Listen Donate Today Legacy Planning Pope Francis On Clergy Sex Abuse: 'We Showed No Care For The Little Ones' Colin Dwyer, August 20, 2018 The pontiff's comments were in a letter penned nearly a week after a Pennsylvania grand jury report detailed decades of alleged child abuse and cover-ups. \"We abandoned them,\" Francis wrote World Service 2/17/25, 3:10 22 Clergy Members Have Been Credibly Accused Of Abusing Minors In The Austin Diocese Radio, Austin's Station 12/13 Newsroom Staff Advisory Board News Releases Jobs & Internships Around the Station Mobile Guide Volunteer Contact Us Smart Speakers Privacy & Terms Annual Report (pdf Funding Public File Business Circle Car Donation Sponsorship Opportunities Member Login World Service 2/17/25, 3:10 22 Clergy Members Have Been Credibly Accused Of Abusing Minors In The Austin Diocese Radio, Austin's Station 13/13", "8201_102.pdf": "\uf39e \uf16d \ue61b \uf0e1 Monday, Feb. 17, 2025 Enter Search Term \uf002 Home About Us News Life & Arts Sports Viewpoints Photo Stories More \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f Juan Brother Gerald Muller was banned from campus and all campus related activities in 2017 Former brother, professor accused of sexual assault in 1986 incident Diocese of Austin releases list of 22 clergy members credibly accused of abusing children Matthew San Martin and Kenny Phipps | February 12, 2019 President George E. Martin sent out a mass email on Jan. 31 stating that a former Religious Brother had been credibly accused of sexually assaulting a minor on campus in 1986. Brother Gerald Muller, CSC, is one of 300 Catholic clergy members accused of sexually abusing children in Texas. Since the release of a Pennsylvania report last August, detailing seven decades of alleged abuse by priests and resulting in more than 1,000 identifiable victims, dioceses and religious provinces across the country have started to publish the names of alleged abusers. In response to the report, the Roman Catholic Diocese of Austin released the names of 22 clergy members who have been credibly accused of sexually abusing children over the last 70 years apologize and express my deepest sorrows to the victims and their families for the abuse that occured and for any failures of the Diocese of Austin,\u201d said Bishop Joe S. V\u00e1squez in a recent video published by the Diocese of Austin. On the list was Muller, a former Religious Brother and professor at St. Edward\u2019s. According to Martin\u2019s email, the list referred to an incident involving a 17-year-old student which occurred in 1986 and was brought to the university\u2019s attention in Fall 2017. \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f The case was referred to the university\u2019s Title Coordinator and Vice President for Student Affairs, Dr. Lisa Kirkpatrick. Her investigation concluded that the accusation was credible, and in November 2017, Brother Muller was banned from campus and university-sponsored events recognize that these egregious breaches of trust are difficult and sad news for our university community,\u201d said Martin in his email addressing the student body. \u201cAll of us at the university grieve for the victims of sexual abuse. Maintaining the physical and emotional safety of our students is central to the mission of St. Edward\u2019s.\u201d Students have expressed surprise and outrage at the news about Muller, a former faculty member who taught at the university for over 30 years just didn\u2019t understand how someone affiliated with St. Edward\u2019s could get caught up with something like that,\u201d senior Dimitri Kestenbaum said. However, other students were less shocked by the announcement coming from a Catholic institution. \u201cIt was a moment of, unfortunately, \u2018Of course that would happen,\u2019\u201d senior J.R. Torres said. \u201cThe prevalence of these issues in the Catholic church is no longer a behind-the-doors issue, it\u2019s very up front and a part of daily discussion.\u201d The university\u2019s investigation of the allegations against Muller and his subsequent ban from campus all took place in October and November 2017, according to Director of Communication Mischelle Diaz. Kirkpatrick and Kim Van Savage, associate Vice President for Human Resources and the university\u2019s deputy Title coordinator, both met with Muller as part of the investigation that led to his ban from campus. After their investigation, President Martin was advised of the decision and was also advised of the ban from campus. \u201cAt the time the report was made, Brother Muller was retired and no longer employed at the university,\u201d Diaz said. \u201cThe incident at issue occurred in 1986 and the university had no reason to believe he posed an immediate threat that warranted a university-wide timely warning.\u201d Of the six formal and dozens of informal interviews with students conducted by Hilltop Views, no one was aware that Muller was banned from campus and university-sponsored events prior to Martin\u2019s mass email. However, students such as senior Na\u00efs Ohayon-Louisor felt that the student body should\u2019ve been informed ahead of time for precautionary measures. \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f I'm Matthew San Martin senior Communication major with a focus in Digital Media and Journalism and Editor-in-Chief of Hilltop Views served as News... Matthew San Martin, Editor-in-Chief Local immigrants rights group hosts forum amidst enhanced enforcement concerns Weekly senate brief: Feb. 6, 2025 President Trump in office, students react to first weeks of executive orders implemented SJN: Embracing international students\u2019 experiences, seeking solutions to common challenges Weekly senate brief: Jan 22, 2025 just wonder why it took them so long to email us all about it,\u201d said Ohayon-Louisor. The university encourages students who fall victim to sexual harassment, sexual violence, relationship violence, gender-based hate crimes and stalking to report to Kirkpatrick at 512- 448-8425, or deputy coordinators Sharon Burke, Chief Human Resources Officer at 512-448- 8540, and Steven Pinkenburg, Dean of Students at 512-448-8408. austin diocese brother muller campus ministry gerald muller priest sexual assault Leave a Comment About the Contributor News News / Campus News \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f \u00a9 2025 Pro WordPress Theme by \u2022 Log in guide to mental health resources on the hilltop St. Edward\u2019s inaugural nursing cohort dons white coats in historic ceremony Hilltopper community displays school spirit, pride at annual homecoming celebration St. Edward\u2019s University students break ground on restoring the Texas Hill Country through ecological research Ancient seeds, new roots: Cherokee corn thrives at St. Edward\u2019s University\u2019s food forest Hilltop Views The Student News Site of St. Edwar\u2026 \uf39e \uf16d \ue61b \uf0e1 Enter Search Term \uf002 Home Staff About \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f", "8201_103.pdf": "Search Nearly every copy of the Hilltop Views was stolen last month. Newspaper staff ran this \"missing\" house ad asking the community to let the newspaper know of any information about the theft. Courtesy Matthew San Martin, The Hilltop Views March 11, 2019 Cory Dawson \u2013 Nearly every copy of The Hilltop Views, the student newspaper of St. Edward\u2019s University in Austin, was stolen last month after the paper ran a front-page story about a former professor accused by the Catholic Church of sexual abuse in the 1980s. The paper lost about 2,000 copies, and believe the front-page story motivated the theft. Newspaper staff are still looking for answers over three weeks later. The paper hit stands on Feb. 13, and at some point in the next couple days, nearly every copy had been either picked up or stolen, according to News Editor Matthew San Martin. Newspapers stolen after story about former Catholic university professor accused of child abuse by diocese 2/17/25, 3:11 Newspapers stolen after story about former Catholic university professor accused of child abuse by diocese - Student Press Law C\u2026 1/5 \u201cTo my knowledge this has never happened to The Hilltop Views, ever,\u201d San Martin said. The front-page story was about Gerald Muller, a clergy member and music history professor who was accused by the Austin Diocese of child sex abuse in late January. Muller is accused of abusing a 17-year-old student in 1986. In response to repeated requests for comment, Mischelle Diaz, director of communications for St. Edward\u2019s, said the thefts were a one-time incident. \u201cThis was an isolated incident and has not re-occurred. The Office of Campus Safety and the Dean of Students Office is aware of the details of the incident and the case is being handled by the Dean of Students Office. This is not a criminal case,\u201d Diaz wrote in an email. Any further details are a private disciplinary matter being handled by the Dean of Students Office,\u201d she wrote. In 2017, an internal university investigation reached the same conclusion the Diocese did in January, and banned Muller from campus. Nobody was made aware of the ban except for investigators, the university president and police services, according to the Hilltop Views story. The student reporters conducted half a dozen formal interviews and dozens of informal interviews with students and nobody knew Muller was banned from campus. Muller was \u201crevered\u201d on campus, according to a local news report. Diaz told the Hilltop Views that Muller was not employed when the 2017 report was made. Muller retired in 2014 and used to live in an assisted-living facility on the outskirts of campus, according to the report. Diaz said Muller no longer lives near campus. \u201cThe incident at issue occurred in 1986 and the university had no reason to believe he posed an immediate threat that warranted a university-wide timely warning,\u201d Diaz said, according to the student\u2019s article. As the news editors we don\u2019t really get a chance to be angry about things. We have to look at everything through an unbiased window. But this kind of hurt. \u201c 2/17/25, 3:11 Newspapers stolen after story about former Catholic university professor accused of child abuse by diocese - Student Press Law C\u2026 2/5 The Austin Diocese released their list of 22 clergy members credibly accused of sexual abuse Jan. 31. The list was part of a wide attempt by the Roman Catholic Church to name abusers after a grand jury in Pennsylvania found that, for seven decades, thousands of children were abused by priests in the state. The same day, university President George E. Martin sent a mass email about the Austin diocese report and about Muller\u2019s university ban. The newspaper has received a lot of community support after the theft, San Martin said. People wrote positive comments on Twitter and left notes on newsstands around campus: \u201cReporting is the only job listed in the Bill of Rights as protected. It is a sacred public trust, a vital civic function. Truly, the Fourth Estate, the watchdog over the powerful. Without good, strong journalism, you don\u2019t have a healthy democracy.\u201d \u2013 Jennifer Robison, Nobody Speak: Trials of a Free Press 2/17/25, 3:11 Newspapers stolen after story about former Catholic university professor accused of child abuse by diocese - Student Press Law C\u2026 3/5 An anonymous note was left on most Hilltop Views newsstands after copies were stolen last month. The note is a quote about the importance of a free press from the documentary Nobody Speak: Trials of a Free Press. Courtesy Matthew San Martin, The Hilltop Views \u201cAs the news editors we don\u2019t really get a chance to be angry about things. We have to look at everything through an unbiased window. But this kind of hurt,\u201d San Martin said. St. Edward\u2019s university is a private Roman Catholic university with about 5,000 students. The Student Press Law Center tracks student newspapers thefts across the country and provides resources for student media outlets. In 2018, the center learned of eight incidents of stolen student newspapers, marking a four-year high point. Newspapers have been stolen in recent weeks at Baylor University and the University of South Carolina. 2/17/25, 3:11 Newspapers stolen after story about former Catholic university professor accused of child abuse by diocese - Student Press Law C\u2026 4/5 \u22c5 1 7 1 7 9 0 0 . 2 0 0 0 6 ( 2 0 2 ) 7 8 5 - 5 4 5 0 : 5 2 - 11 8 4 6 4 7 \u00a9 2 0 2 5 reporter Cory Dawson can be reached at [email protected] or at 202-974-6318. Follow him on Twitter at @Dawson_and_Co. Want more stories like this? The Student Press Law Center is a legal and educational nonprofit defending the rights of student journalists. Sign up for our free occasional News Roundup. Tagged newspaper theft, newspaper-thefts, private school, recent-news, Texas 2/17/25, 3:11 Newspapers stolen after story about former Catholic university professor accused of child abuse by diocese - Student Press Law C\u2026 5/5", "8201_104.pdf": "The Catholic Diocese of Austin and across Texas has released a list of clergy that it believes could have sexually abused children. The church hopes this will help to rebuild trust Austin file image) AUSTIN, Texas \u2014 The Diocese of Austin publicly identified nearly two dozen priests credibly accused of sexually abusing minors Thursday. All but one are dead, retired or removed from ministry. Austin Catholic diocese releases list of clergy members accused of sexual assault by Austin Thu, January 31st 2019 at 2:12 Updated Thu, January 31st 2019 at 7:01 2/17/25, 3:11 Austin Catholic diocese releases list of clergy members accused of sexual assault 1/8 It is the latest development in the sex abuse scandal that has rocked the Catholic Church worldwide. The list is 22 names long -- names of priests the Diocese of Austin says have been credibly accused of sexual abuse of a minor sometime in the last 70 years. 6pm newscast video But what does \"credible\" mean? Bishop Joe Vasquez says some of the information comes from church records. \"The credible part of about reviewing the relevant and available information and also obviously talking with the victim themselves,\" he said. Some of the names are familiar to some of the faithful -- Louis Wozniak, who has a building named after him at one local church; Gerald Muller, who taught at St. Edwards University for three decades; Jim Castro Garcia, who was dismissed from seminary in Austin in 2011, but was ordained in Jamaica in 2017. The bishop says today's list was necessary to help victims heal. \"We believe they're the first ones we must look at and be concerned about. The minors are the ones who are vulnerable 2/17/25, 3:11 Austin Catholic diocese releases list of clergy members accused of sexual assault 2/8 he said. \"Another reason we did this is because we want to restore some confidence in our leadership in the church.\" The Austin Police Department urges any victims of sexual abuse by clergy to call 911 and file a police report. Bishop Vasquez also asks victims to report it to the diocese. Click here to see the assignment information for the accused. Bishop V\u00e1squez Announcement (Jan, 2019) Diocese of Austin 02:04 Bishop V\u00e1squez Announcement (Jan, 2019) from Diocese of Austin on Vimeo. The inclusion of a name on this list does not establish that the allegation was substantiated or proven to the Diocese of Austin, a court, or other authority; and does not establish that sexual abuse under the Texas Penal Code actually occurred. Click here to read the definition of a credible allegation and other terms, as well as more information about how this information was compiled. Aguilar, Ricardo Diocese or Religious Order: Diocese of Austin Current Status: Laicized Birth: 1959 Ordination: 1995 2/17/25, 3:11 Austin Catholic diocese releases list of clergy members accused of sexual assault 3/8 Removal from Ministry: 2011 Laicization: 2017 Clogan, Paul M. Diocese or Religious Order: Diocese of Portland, Maine Current Status: Deceased Birth: 1931 Ordination: 1999 Death: 2012 Delaney, Daniel Joseph Diocese or Religious Order: Diocese of Austin Current Status: Deceased Birth: 1946 Ordination: 1973 Death: 2008 Drinan, Daniel Michael Diocese or Religious Order: Congregation of Missionaries, Sons of the Immaculate Heart of the Blessed Virgin Mary Current Status: Laicized Birth: 1948 Ordination: 1977 Removal from Ministry: 2002 Expulsion: 2006 Laicization: 2014 Eggerling, Milton Diocese or Religious Order: Diocese of Oakland, previously of the Diocese of Sioux Falls Current Status: Deceased Birth: 1921 Ordination: 1954 Death: 2008 2/17/25, 3:11 Austin Catholic diocese releases list of clergy members accused of sexual assault 4/8 Faust, Claude Diocese or Religious Order: Diocese of Austin Current Status: Deceased Birth: 1914 Ordination: 1939 Death: 1973 Gallagher, James Diocese or Religious Order: Diocese of Austin (Deacon) Current Status: Deceased Birth: 1932 Diaconate Ordination: 1984 Death: 2005 Garcia, Jim Castro (a/k/a Santiago) Diocese or Religious Order: Archdiocese of Kingston, Jamaica Current Status: Priest for the Archdiocese of Kingston, Jamaica Birth: 1968 Ordination: 2017 Additional Information: Dismissed from seminary for the Diocese of Austin in 2011. Later ordained for the Archdiocese of Kingston, Jamaica. Greenwell, James H. Diocese or Religious Order: Third Order Regular of St. Francis, previously of the Order of Friars Minor Current Status: Deceased Birth: 1924 Ordination: 1954 Death: 2012 Hand, Jr., Chester Culver Diocese or Religious Order: Diocese of Austin 2/17/25, 3:11 Austin Catholic diocese releases list of clergy members accused of sexual assault 5/8 Current Status: Deceased Birth: 1920 Ordination: 1986 Death: 2002 Kinder, Conrad Diocese or Religious Order: Society of the Divine Word Current Status: Deceased Birth: 1891 Ordination: 1921 Death: 1978 Krol, Michael Francis Diocese or Religious Order: Diocese of Austin Current Status: Deceased Birth: 1919 Ordination: 1945 Death: 1996 Muller, Gerald Diocese or Religious Order: Congregation of Holy Cross (Religious Brother) Current Status: Restricted Birth: 1927 Vows: 1946 Removal from Ministry: 2017 Restricted: 2017 Nowery, C. Richard Diocese or Religious Order: Congregation of Holy Cross Current Status: Deceased Birth: 1938 Ordination: 1968 Death: 2018 2/17/25, 3:11 Austin Catholic diocese releases list of clergy members accused of sexual assault 6/8 O'Connor, James R. Diocese or Religious Order: Diocese of Austin Current Status: Laicized Birth: 1942 Ordination: 1969 Removal from Ministry: 2004 Laicization: 2018 Ozuna, Rafael Rendon Diocese or Religious Order: Diocese of Austin (Deacon) Current Status: Laicized Birth: 1944 Diaconate Ordination: 2007 Removal from Ministry: 2010 Laicization: 2013 Reyes, Longinus Juventius (a/k/a Lonnie) Diocese or Religious Order: Diocese of Austin Current Status: Removed from Ministry, Retired Birth: 1942 Ordination: 1969 Removal from Ministry: 2004 Retirement: 2004 Robles, Victor G. Diocese or Religious Order: Diocese of Austin, previously of the Society of Jesus Current Status: Removed from Ministry, Retired Birth: 1953 Ordination: 1986 Removal from Ministry: 2002 Retirement: 2009 Tijerina, Alberto Matta 2/17/25, 3:11 Austin Catholic diocese releases list of clergy members accused of sexual assault 7/8 Loading ... Diocese or Religious Order: Diocese of Austin, previously of the Diocese of San Angelo Current Status: Removed from Ministry Birth: 1954 Ordination: 1980 Removal from Ministry: 1993 Waiches, Vincent Diocese or Religious Order: Diocese of San Diego, previously of the Society of the Divine Word Current Status: Deceased Birth: 1919 Ordination: 1946 Death: 1995 Willemsen, Adrianus Johannes (a/k/a Andy, Andrew, Andre) Diocese or Religious Order: Diocese of Austin, previously of the Congregation of the Mission of the Society of St. Vincent de Paul Current Status: Deceased Birth: 1928 Ordination: 1954 Death: 2012 Wozniak, Louis J. Diocese or Religious Order: Diocese of Austin Current Status: Removed from Ministry, Retired Birth: 1926 Ordination: 1951 Removal from Ministry: 2015 Retirement: 1999 2/17/25, 3:11 Austin Catholic diocese releases list of clergy members accused of sexual assault 8/8"} |
8,647 | Tomas Hult | Michigan State University | [
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] | {"8647_101.pdf": "business center head suspended after sex misconduct claim Published 7:42 p.m Sept. 10, 2019 Updated 8:24 a.m Sept. 11, 2019 The director of Michigan State University's International Business Center and Center for International Business Education and Research \u2014 who also initially served on the presidential search committee \u2014 has been suspended after a colleague publicly accused him of sexual misconduct. Sanjay Gupta, dean of the Broad College of Business, on Monday announced to the business school the suspension of Tomas Hult for 12 weeks beginning Oct. 1, according to an email obtained by The Detroit News. The suspension does not include Hult's duties as a professor in the Broad College of Business, Gupta wrote. The suspension comes three months after an internal inquiry found Hult had not violated policy and three days after Sarah Singer, director of Education Abroad in MSU's business school, spoke during a Board of Trustees meeting about her claim of unwanted touching and inappropriate speech by a colleague. Singer said her case had changed the makeup of MSU's presidential search committee. Singer filed a complaint in January with MSU's Office of Institutional Equity against Hult, to whom she previously reported. Her complaint came five months after the presidential search committee was established with Hult as a member. The concluded in June that Hult did not engage in behavior that violated MSU's Relationship Violence and Sexual Misconduct Policy. Singer appealed the finding, but officials let it stand in July spokeswoman Emily Guerrant did not immediately respond to a message seeking comment Tuesday evening. Kim Kozlowski The Detroit News 2/17/25, 3:12 business center head suspended after sex misconduct claim 1/2 Singer did not name Hult during her three-minute speech at the trustees meeting, the first for new President Samuel Stanley. She alleged that the person she filed a complaint against had made reference to her breasts, touched her thigh, patted her stomach, asked if a logo looked like a penis and hugged other colleagues when repeatedly asked not to do so. Asked Tuesday if Hult was the colleague referenced in her complaint, Singer confirmed it was him. Singer said she was grateful that took action am gratified that the college has taken action in suspending him from his administrative role,\" Singer said. \"As mentioned to the board, my college and my dean have been extremely supportive throughout this process. That said, it is extremely frustrating that no one can say definitively to me that he was suspended for engaging in these behaviors and think that is a failure of policy at the university level.\" She also said: \"It is a travesty if (it took) me going to the board for this action to come to fruition. No one should need to stand before the board for the university to recognize that this conduct is egregious.\" Reached by email, Hult acknowledged he was the subject of an investigation \"wherein they found, at all stages, that any allegations against me were not found to have violated the policies of the University know that did not do what am accused of and am pleased the found as it did,\" Hult said. \"As the investigation started volunteered to step down from the presidential search committee to not be a distraction.\" Hult emphasized that he was not suspended from regular faculty duties. \"It is not clear to me the true reasons why was suspended as a center director, especially given the fact that was found not to have violated policy,\" he said. He also said he was not aware of a connection between Singer's comments to the trustees and his suspension hope that this issue is allowed to be put to rest,\" Hult said will continue to work to be a positive force for the Center, Department, College, and University.\" [email protected] 2/17/25, 3:12 business center head suspended after sex misconduct claim 2/2", "8647_102.pdf": "15\u00b0 Lansing Special Weather Statement Is In Effect \uf00d \uf0c9 News First Alert Weather Livestream administrator suspended after misconduct accusation Michigan State University campus sign, Photo Date: September 25, 2015 / Cropped Photo: Ken... Michigan State University campus sign, Photo Date: September 25, 2015 / Cropped Photo: Ken Lund 2.0 / (MGN) By Associated Press Published: Sep. 10, 2019 at 8:42 2/17/25, 3:12 administrator suspended after misconduct accusation 1/5 Michigan State University administrator has been suspended due to an allegation of sexual misconduct. The Detroit News, citing an email it obtained, reports Tomas Hult was suspended from directing the university's International Business Center and Center for International Business Education and Research for 12 weeks beginning Oct. 1. Sanjay Gupta, dean of MSU's Broad College of Business, announced Hult's suspension to school staff Monday. Gupta wrote the suspension doesn't include Hult's professorial duties. Sarah Singer, director of Education Abroad in MSU's business school, said during a recent Board of Trustees meeting that she was the victim of unwanted touching and inappropriate speech by a colleague. Singer had previously filed a complaint about Hult's actions with MSU's Office of Institutional Equity, which found he hadn't violated school relationship and sexual policies. Asked Tuesday if Hult was the colleague referenced in her complaint, Singer confirmed it was him. Singer said she was grateful took action. Copyright 2019 WILX. All rights reserved. Most Read \uf144 45-year-old man shot and killed early Sunday in Lansing \uf144 Michigan State Police investigating a Saturday night crash that killed one, injuring another 2/17/25, 3:12 administrator suspended after misconduct accusation 2/5 Latest News \uf144 Mother of three arrested after abandoning her children for years \uf144 Four people hospitalized after house fire in Lansing \uf144 Illinois governor declares Lake Michigan is now Lake Illinois Elementary school student passes out Valentine\u2019s Day envelopes containing razor blades, police say The Spartan Stampede moseys into East Lansing \uf144 Local heroes battle on the ice to help raise money for a good cause We're Stuck In Cold Weather 2/17/25, 3:12 administrator suspended after misconduct accusation 3/5 \uf144 Experts urge caution as more snowfalls on Michigan roadways \uf144 Raising money to help support a local Lasing shelter \uf144 Mother of three arrested after abandoning her children for years \uf144 Michigan State Police investigating a Saturday night crash that killed one, injuring another \uf144 \uf144 Raising money to help support a local Lasing shelter \uf144 Experts urge caution as more snow falls on Michigan roadways \uf144 Mother of three arrested after abandoning her children for years 2/17/25, 3:12 administrator suspended after misconduct accusation 4/5 Public Inspection File [email protected] - (517) 393-0110 Terms of Service Privacy Policy Statement Applications Advertising Digital Marketing Closed Captioning/Audio Description At Gray, our journalists report, write, edit and produce the news content that informs the communities we serve. Click here to learn more about our approach to artificial intelligence Gray Local Media Station \u00a9 2002-2025 News Studio 10 Community Facebook First Alert Weather Style Careers Sports Featured Guests Make An Impact Instagram Livestream Schedule Contact Us YouTube 500 American Road Lansing 48911 (517) 393-0110 2/17/25, 3:12 administrator suspended after misconduct accusation 5/5", "8647_103.pdf": "suspends business dept. leader after sexual harassment complaint Michigan Public | By Kate Wells Published September 11, 2019 at 11:25 Michigan State University Updated September 12 at 9:30 am: Michigan State University placed Tomas Hult, a marketing professor and director of the International Business Center, on administrative suspension following complaints of sexual harassment Title investigation cleared Hult, saying his sexual comments and inappropriate behavior didn\u2019t violate the school\u2019s harassment policy. Donate World Service Michigan Public 2/17/25, 3:12 suspends business dept. leader after sexual harassment complaint 1/10 was the subject of an [Office of Institutional Equity, MSU's Title office] investigation wherein they found, at all stages, that any allegations against me were not found to have violated the policies of the University,\" Hult said in an email Wednesday know that did not do what am accused of and am pleased the found as it did hope that this issue is allowed to be put to rest will continue to work to be a positive force for the Center, Department, College, and University.\" But on Friday, Sarah Singer, the woman who filed the complaint against Hult made a public, impassioned plea to the Board of Trustees to fix the system the says allowed Hult's inappropriate behavior on campus. Singer, who is the Director of Education Abroad at the business school, told trustees the official investigation found that Hult: \u201c...[R]egularly hugged employees, even after repeated requests to stop. That the respondent [Hult] commented on whether my bra or breasts could conceal a fitbit device. Similarly, that the respondent told another employee her breasts did not change in size when she lost weight,\u201d Singer told the board. \u201cInvestigators corroborated misogynistic comments made by the respondent at a workshop in Wisconsin \u2026 [and] found credible my account of the respondent touching my upper thigh at a gala dinner in Atlanta, and making a comment about the type of \u2018date would be if he \u2018couldn\u2019t get me drunk.\u2019 Investigators concluded that the respondent likely rubbed or patted my stomach, noting such behavior was consistent with a previous ... report.\u201d Witnesses also told investigators that \u201cwhen he saw attractive women, it wouldn\u2019t be out of the ordinary for him to comment on these women physically, even to their faces,\u201d Singer said. Still, the school\u2019s investigation found that these behaviors didn\u2019t violate MSU's sexual harassment policy, which states that the accused\u2019s conduct has to be \u201cof a sexual nature so severe, persistent, or pervasive that a reasonable person would find it unreasonably interfered with an indidvidual\u2019s work, thus creating a hostile or abusive work environment World Service Michigan Public 2/17/25, 3:12 suspends business dept. leader after sexual harassment complaint 2/10 \"Seriously,\" Singer asked? \u201c[Do] you believe this behavior has any place on MSU\u2019s campus?\u201d Singer asked the trustees. \u201cWhy should the onus be on the employee ... to state that they don\u2019t want to be touched, on the head or the back or the thigh, in the course of the day\u2019s work? Should we not expect better?\u201d Singer appealed the investigation\u2019s initial findings, but they were upheld in July. Emily Guerrant, a spokeswoman for Michigan State University, says Hult was told of his suspension on September 5, before Singer made her comments to the board. Singer says while she\u2019s \u201cgratified\u201d by Hult\u2019s suspension from his administrative role, the bigger problem with MSU\u2019s Title process still exists. \u201cTomas Hult was notified via letters...that he was being suspended as director of the International Business Center that he would disciplined in his role as a faculty member (although not suspended). \u201cThose disciplines as a faculty member include no merit increase this year (which would traditionally happen Oct. 1) and required training regarding sexual harassment prior to Dec. 31, 2019. His suspension from the International Business Center is for 12 weeks, starting Oct. 1. He is currently teaching a class, but is slated to next semester at this point continue to harbor deep concerns about the [Office of Institutional Equity] process \u2013 remember, there was a World Service Michigan Public 2/17/25, 3:12 suspends business dept. leader after sexual harassment complaint 3/10 federal Department of Education investigation released last week fined a record $4.5 million for mishandling sexual assault and harassment on campus. Tags News Michigan State University Kate Wells Kate Wells is a Peabody Award-winning journalist currently covering public health. She was a 2023 Pulitzer Prize finalist for her abortion coverage. See stories by Kate Wells finding of no...violation in this case, and the incidents in this case spanned a decade. Improving policies around what constitutes persistent and pervasive behavior is critical, to say nothing of working to improve the culture and climate on campus. \u201cNot all claimants \u2013 and likely very few claimants \u2013 are in a position to advocate and appeal as have done. No one should need to stand before the Board for to find this conduct egregious World Service Michigan Public 2/17/25, 3:12 suspends business dept. leader after sexual harassment complaint 4/10 Latest Stories National boycott of Tesla urged to protest what activists call \"Elon Musk's moves to destroy our democracy\" In \"When Detroit Played the Numbers,\" Felicia B. George looks at illegal gambling's heyday Michigan Dems raise fears over Trump plans for Education Dept Court terrorism law unconstitutional World Service Michigan Public 2/17/25, 3:12 suspends business dept. leader after sexual harassment complaint 5/10 This flu season is already pretty bad; it could be worse by the time it's over Moms, babies in parts of the Upper Peninsula will now get cash aid Related Content Criminal Justice & Legal System wants judge to dismiss dozens of Nassar lawsuits Steve Carmody, August 27, 2019 Michigan State University attorneys are asking a federal judge to dismiss dozens of lawsuits filed by people who say they're victims of sexual abuse by World Service Michigan Public 2/17/25, 3:12 suspends business dept. leader after sexual harassment complaint 6/10 News U.S. Dept. of Ed. fines Michigan State $4.5 million in Nassar case; provost resigns The Associated Press, September 5, 2019 The Education Department is fining Michigan State University $4.5 million for failing to respond to sexual assault complaints against Larry Nassar. That World Service Michigan Public 2/17/25, 3:12 suspends business dept. leader after sexual harassment complaint 7/10 Education After historic fine response met with resistance, calls for swift action September 6, 2019 One day after the Department of Education issued a historic $4.5 million fine against Michigan State University, the school\u2019s trustees announced they World Service Michigan Public 2/17/25, 3:12 suspends business dept. leader after sexual harassment complaint 8/10 Stay Connected \u00a9 2025 Contact Us Work with Us Public Documents News slap in the face:\u201d Nassar survivors slam for stopping independent investigation Kate Wells, September 9, 2019 Updated September 10, 11:18 am President Samuel Stanley is declining a call from some Larry Nassar survivors to restart an independent investigation World Service Michigan Public 2/17/25, 3:12 suspends business dept. leader after sexual harassment complaint 9/10 Michigan Public Hourly News Contest Rules Privacy & Terms of Use Applications World Service Michigan Public 2/17/25, 3:12 suspends business dept. leader after sexual harassment complaint 10/10", "8647_104.pdf": "Michigan State administrator suspended after sexual misconduct accusation Kara Berg Lansing State Journal Published 7:17 a.m Sept. 11, 2019 Updated 2:17 p.m Sept. 11, 2019 Michigan State University administrator has been suspended due to an allegation of sexual misconduct. Tomas Hult was suspended from his position as director of the university\u2019s International Business Center for 12 weeks beginning Oct. 1 spokesperson Emily Guerrant said. He will not be suspended from his duties as a faculty member. He will not receive a merit raise, which takes effect Oct. 1, this academic year and has to complete anti-sexual harassment training, she added. Hult was notified of his suspension Sept. 5, Guerrant said. His suspension doesn't begin until Oct. 1 because human resources aligned both of his punishments to begin at the same time. Hult told the State Journal in an email that an investigation by MSU's Office of Institutional Equity found he had not violated any university policies know that did not do what am accused of and am pleased the found as it did,\" Hult wrote hope that this issue is allowed to be put to rest.\" Although the did not find a violation, academic human resources and the dean of the Eli Broad College of Business, Sanjay Gupta, decided to impose discipline regardless, Guerrant said. Sarah Singer, director of Education Abroad in MSU\u2019s business school, told the Board of Trustees Friday that a colleague, later identified as Hult, subjected her to unwanted touching and inappropriate comments. She did not know Hult had been suspended until Monday, when the entire business college found out. 2/17/25, 3:12 administrator suspended after sexual misconduct accusation 1/3 Singer filed a complaint in January about Hult\u2019s actions with MSU\u2019s Office of Institutional Equity, which found he hadn\u2019t violated school relationship and sexual policies. She appealed the decision in June, and upheld its ruling in July then forwarded the complaint to Academic Human Resources, something Singer told the State Journal she didn't even know was an option. \"If in fact the university has a different tolerance or threshold for behaviors that might broadly be considered sexual harassment or other types of behaviors, there needs to be a clearly worded policy so everyone on campus is aware of what behavior is or is not appropriate,\" Singer said. The university found that Hult regularly hugged employees even after repeated requests to stop and commented about whether Singer's \"bra or breasts could conceal a FitBit device,\" she told the board Friday investigators corroborated reports of misogynistic comments made at a workshop in Wisconsin and found Singer to be credible when she said Hult touched her upper thigh and commented about the type of date she would be if he couldn't get her drunk, Singer said. Witnesses told investigators that Hult often would say inappropriate off-color things, \"like he's back in the 1970s,\" Singer said Friday. \"Most tellingly, the statement that when other colleagues heard about (Hult's) comment regarding an employee\u2019s breast size, everyone who heard about it reacted like \u2018Oh, he said something inappropriate again,'\" Singer said Friday. \"He said something inappropriate again? This was a comment about a subordinate\u2019s breasts.\" In all of Singer's 12 years working with Hult, she said she witnessed or was subjected to inappropriate behavior from him. Singer called on the Board of Trustees to strengthen the university's policies against sexual misconduct. MSU's current policies seem to place a greater emphasis on if the misconduct affects the victim's work, or if they are offended, Singer said, \"rather than stat(ing) certain behaviors are not acceptable, full stop.\" She was fortunate, she said, in that her college supported her. She doesn't report to Hult anymore, and does not have to interact with him. But others aren't as lucky, she said. 2/17/25, 3:12 administrator suspended after sexual misconduct accusation 2/3 \"Why should the onus be on the employee, no matter the difference in age, experience, or authority, to state that they do not want to be touched on the head, on the back, on the leg, on the shoulder or stomach or thigh in the course of a day\u2019s work?\" Singer said Friday. \"Should we not expect better, not only from the leaders who publicly represent on a daily basis, who were initially appointed to the presidential search committee, but also from the university\u2019s own policies and procedures?\" In addition to being an administrator and faculty member, Hult also was a member of the presidential search committee that ultimately hired new President Samuel Stanley Jr. over the summer. To get the most in-depth and up-to-date news on crime in the Lansing area, subscribe to the State Journal. Contact reporter Kara Berg at 517-377-1113 or [email protected]. Follow her on Twitter @karaberg95. 2/17/25, 3:12 administrator suspended after sexual misconduct accusation 3/3", "8647_105.pdf": "MSU's Stanley won't say if he backs independent Nassar probe Published 4:22 p.m Sept. 12, 2019 Updated 6:51 p.m Sept. 12, 2019 East Lansing \u2014 Three years to the day that the first woman spoke publicly about Larry Nassar, Michigan State University's new president declined Thursday to say whether he would resurrect a scuttled independent investigation into the sex abuse scandal. \"It's tough for me to make that assumption at this point in time,\" said President Samuel Stanley, adding that he needed to focus on a bombshell federal report that criticized the university's handling of sexual abuse cases involving Nassar and others, along with a record $4.5 million fine. \"But we have had 12 investigations so far.\" Stanley made the comment during a brief meeting with reporters before he addressed the Lansing Regional Chamber Economic Club luncheon, attended by more than 600 people spokeswoman Emily Guerrant addressed other controversies: She confirmed that Tomas Hult, an business leader, had been suspended from his posts after a colleague, Sarah Singer, accused him of sexual misconduct, even though there was no finding from a formal Office of Institutional Equity investigation. After his suspension from Oct. 1 to Dec. 23 and a mandatory sexual harassment training, Guerrant said he would return to his leadership positions: director of MSU's International Business Center and Center for International Business Education and Research. \"Even though there was no findings in the investigations, the university still has a discretion to make a decision,\" said Guerrant. \"In this case, it was a decision made by the dean of the college, and human resources, and it is a decision that the president fully supports, that it was their decision that even though this behavior did not violate one of our policies, it is not consistent with behavior we believe should happen in our business college and at the university.\" Kim Kozlowski The Detroit News 2/17/25, 3:12 MSU's Stanley won't say if he backs independent Nassar probe 1/3 Singer called the suspension \"incredibly mild.\" \" ... it is my hope that as part of President Stanley\u2019s push to improve campus culture and climate will strengthen its policies in this area, particularly as they relate to individuals with multiple complaints,\" she said. Meanwhile, former Provost June Youatt \u2014 who stepped down last week after the federal report and fine \u2014 will not leave the university, Guerrant said. Instead, she will do six months of research and take a six-month sabbatical \u2014 while being paid $480,000 a year \u2014 before returning to the faculty, as outlined in her contract. \"That is what is owed to her in her contract and (Stanley) is not going to fight that,\" Guerrant said. The issue that Stanley spent the most time addressing was the independent investigation, sought by victims since the Nassar scandal began. Trustees approved one in June. But board chair Dianne Byrum announced last week there was a split on the board on the scope of the investigation, so it would not move forward can understand how people would feel betrayed \u2014 something was promised and then not done,\" said Stanley, who began his post last month have an (Office for Civil Rights) letter that has come directly to me with a whole series of things need to do, including evaluate some of the results of their investigation in terms of personnel and so on. So that is what am really focused on. \"The investigation is really an independent one, it was fairly comprehensive so need to work from that and use it as a blueprint going forward so we can really improve and make some of the changes that need to be made.\" The move by the board to put the independent investigation on hold prompted three women sexually abused by Nassar to challenge Stanley this week to move the investigation forward. Rachael Denhollander, who told her story to the Indianapolis Star three years ago and prompted scores of other women to come forward, joined Nassar victims Sterling Riethman and Sarah Klein to call on Stanley to act, saying: \"It's either action or silence.\" Byrum, who attended the luncheon, said she wants to stay focused on the findings put forward by federal officials. 2/17/25, 3:12 MSU's Stanley won't say if he backs independent Nassar probe 2/3 \"That's where we need to focus,\" Byrum said. \"When we get through that, we can ask the question, 'What more is there to do?' But at this point in time, we have a pretty clear blueprint.\" On another subject, Byrum said the process that resulted in Stanley's hiring was the first open search done at the university in years. The search sparked controversy at the state's largest university. Nassar victims and their supporters blasted the decision by the search committee to keep its work private. [email protected] 2/17/25, 3:12 MSU's Stanley won't say if he backs independent Nassar probe 3/3", "8647_106.pdf": "administrator suspended after misconduct accusation By Associated Press Tuesday, September 10, 2019 LANSING, Mich Michigan State University administrator has been suspended due to an allegation of sexual misconduct. The Detroit News , citing an email it obtained, reports Tomas Hult was suspended from directing the university\u2019s International Business Center and Center for International Business Education and Research for 12 weeks beginning Oct. 1. Sanjay Gupta, dean of MSU\u2019s Broad College of Business, announced Hult\u2019s suspension to school staff Monday. Gupta wrote the suspension doesn\u2019t include Hult\u2019s professorial duties. Sarah Singer, director of Education Abroad in MSU\u2019s business school, said during a recent Board of Trustees meeting that she was the victim of unwanted touching and inappropriate speech by a colleague. Singer had previously filed a complaint about Hult\u2019s actions with MSU\u2019s Office of Institutional Equity, which found he hadn\u2019t violated school relationship and sexual policies. Asked Tuesday if Hult was the colleague referenced in her complaint, Singer confirmed it was him. Singer said she was grateful took action. ___ Information from: The Detroit News, Copyright \u00a9 2025 The Washington Times, LLC. 2/17/25, 3:12 administrator suspended after misconduct accusation - Washington Times 1/4 Please read our comment policy before commenting. Comments 0 Sign up Log in 1 Active Log in and post Powered by Terms Privacy Recent Updates Help Contact Insticator Start the conversation... 2/17/25, 3:12 administrator suspended after misconduct accusation - Washington Times 2/4 2/17/25, 3:12 administrator suspended after misconduct accusation - Washington Times 3/4 2/17/25, 3:12 administrator suspended after misconduct accusation - Washington Times 4/4"} |
8,246 | Anthony A. Azenabor | University of Wisconsin – Milwaukee | [
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] | {"8246_101.pdf": "(/) Upcoming Event (/SUBSCRIBE) Home(/) > Legal News(Https://Wislawjournal.Com/Category/Legal-News professor charged with sexually assaulting student professor charged with sexually assaulting student Associated Press ( // March 4, 2019 // 1 Minute Read or-charged-with-sexually- xually%20assaulting%20student) (mailto:?subject professor charged with sexually assaulting student&body University of Wisconsin-Milwaukee professor is accused of sexually assaulting a student he was advising in a PhD program. The 58-year-old Anthony Azenabor is charged with two... You can read the content in details following link https%3A%2F%2Fwislawjournal.com%2F2019%2F03%2F04%2Fuwm- professor-charged-with-sexually-assaulting-student%2F) Listen to this article University of Wisconsin-Milwaukee professor is accused of sexually assaulting a student he was advising in a PhD program. The 58-year-old Anthony Azenabor is charged with two counts of second-degree sexual assault and fourth-degree sexual assault. Azenabor made his initial appearance in court on Sunday, when a cash bond was set at $7,500 criminal complaint says the assaults began in March 2018 and occurred at his office and a research lab. The complaint says the woman was afraid to tell officials about the assaults for fear that she would not be granted a PhD. Authorities say that during the course of the investigation, a second victim, one of Azenabor\u2019s former students, was identified. She also said she did not report the assaults for fear of not receiving her graduate degree. Azenabor\u2019s attorney did not immediately return a call for comment. Related Stories Wis. 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All rights reserved. Use of this website is subject to its Terms of Use ( | Privacy Policy ( | Your California Privacy Rights/Privacy Policy ( | Do Not Sell My Info/Cookie Policy ( Privacy & Cookies Policy 2/17/25, 3:13 professor charged with sexually assaulting student 4/4", "8246_102.pdf": "Former UW-Milwaukee professor charged with sexual assault has fled the country By 58 Newsroom Posted: Jul 18, 2019 2:41 focus shift from snow to the cold for Presidents Day Fundraising event for Sade Robinson memorial held at 3rd Street Market Hall, follows County Board withdrawal 'The need goes up every year': Lakefront Brewery hosts 3rd annual Diaper Drive On Now: 3:07AM News Roundup Up Next: 4:00AM News Mornings Next Newscast: 4:30AM 58 Morning News at 4:30am SWEEPSTAKESMeTV By using our site, you agree that we and third parties may use cookies and similar technologies to collect information for analytics, advertising, and other purposes described in our Privacy Policy and agree to our Terms of Use Close 2/17/25, 3:13 Former UW-Milwaukee professor charged with sexual assault has fled the country 1/5 NEXT: Updated: 2:54 p.m. on July 18, 2019 58) -- Prosecutors in court Wednesday said that Anthony Azenabor, a former professor charged with sexually assaulting students, has fled the country and likely won't return. Azenabor was accused of three counts of sexual assault in March, and was ordered to surrender his passport at that time. He failed to show up for a hearing on July 8 bench warrant remains open for his arrest. ------ Posted: 5:41 p.m. on July 9, 2019 58 bench warrant is out for a former professor charged with sexually assaulting students. Court documents show that Anthony Azenabor failed to show up for a hearing Monday. He's scheduled for trial in August on two felony counts of sexual assault student told police that Azenabor, a biomedical science professor, assaulted her several times last year second student also came forward with a claim UW-Milwaukee professor charged with sexually assaulting student Share this article 8\u00b0 Partly Cloudy 11\u00b0 Partly Cloudy 7 Hundreds of probationary workers fired by Trump administration, union says 4h ago Dodge Co. Sheriff's Office warns of ice danger on Beaver Dam Lake 7h ago Education Department letter threatens federal funding of any school that considers race in most aspects of student life 9h ago NOW: Former UW-Milwaukee professor charged with sexual assault has fled the country Sign up for the 58 Newsletter 58 Ready Weather Forecast \uf144 \uf144 By using our site, you agree that we and third parties may use cookies and similar technologies to collect information for analytics, advertising, and other purposes described in our Privacy Policy and agree to our Terms of Use Close 2/17/25, 3:13 Former UW-Milwaukee professor charged with sexual assault has fled the country 2/5 am at least 18 years old and agree with the Terms of Use and Privacy Policy Fundraising event for Sade Robinson memorial held at 3rd Street Market Hall, follows County Board withdrawal 10h ago Milwaukee police search for missing 27-year-old 10h ago 58 Tiny bone found by UW- Madison paleontologists shows dinosaurs could have been around millions of years earlier than previously thought Moment in Wisconsin: Hartbrook Park Nearly 2 years after fire, Eden Meat Market rises from the ashes \uf0e0 Your email \uf105 By using our site, you agree that we and third parties may use cookies and similar technologies to collect information for analytics, advertising, and other purposes described in our Privacy Policy and agree to our Terms of Use Close 2/17/25, 3:13 Former UW-Milwaukee professor charged with sexual assault has fled the country 3/5 On Now: Harry Up Next: Dragnet Full Schedule \uf105 Where To Watch \uf105 Carol Burnett was ''petrified'' the first time she performed comedy in school CBS58 APP: By using our site, you agree that we and third parties may use cookies and similar technologies to collect information for analytics, advertising, and other purposes described in our Privacy Policy and agree to our Terms of Use Close 2/17/25, 3:13 Former UW-Milwaukee professor charged with sexual assault has fled the country 4/5 809 S. 60th St, Milwaukee 53214 HOTLINE: (414) 777-5808 INFO: (414) 777-5800 FAX: (414) 777-5802 MeTV 41.1/58.2 MeTV Toons 49.5 MeTV+ 63.3 49.1/58.3 Telemundo 63.1/58.4 Start 58.5/63.2 Movies! 49.2 49.3 Catchy Comedy 49.4 All content \u00a9 Copyright 2025 WDJT. All Rights Reserved Public File License Renewal Report Children's Programming Report Ad Choices - The Telemundo Wisconsin By using our site, you agree that we and third parties may use cookies and similar technologies to collect information for analytics, advertising, and other purposes described in our Privacy Policy and agree to our Terms of Use Close 2/17/25, 3:13 Former UW-Milwaukee professor charged with sexual assault has fled the country 5/5", "8246_103.pdf": "Ex professor charged with sexual assault of students has fled the country Published 7:03 p.m July 18, 2019 Updated 10:48 a.m July 19, 2019 Sophie Carson Milwaukee Journal Sentinel former University of Wisconsin-Milwaukee professor charged with sexual assault of his students has fled the country, according to online court records. Prosecutors told a judge Thursday that Anthony A. Azenabor, 59, of Glendale has left the country and does not plan to return judge had issued a bench warrant for Azenabor after he did not appear for a July 8 hearing. Azenabor is charged with two counts of second-degree sexual assault with use of force and one count of fourth-degree sexual assault, according to a criminal complaint. According to the complaint doctoral student told police that after Azenabor accepted her into a Ph.D. program they began meeting regularly in September 2017 for her required research. The meetings took place in Azenabor's office or his academic laboratory in Enderis Hall, where he began making sexual comments that he initially claimed were research-related. The comments were followed by inappropriate touching and hugs that eventually led to groping and finally forced intercourse in May 2018, according to the complaint. Another student told police that Azenabor engaged in \"substantially similar conduct\" and that he instilled fear and mistrust of other faculty members. She said she did not immediately report his conduct because his comments made her fear that if she did she would not obtain her graduate degree, according to the complaint. When Azenabor was charged in March, he was listed in the university's College of Health Sciences faculty directory as a professor with expertise in infectious diseases and immunity. 2/17/25, 3:13 Ex professor Anthony Azenabor, charged with assault, flees country 1/2 The Board of Regents dismissed Azenabor from his position in April. Editor's note: This story has been updated to reflect that Azenabor's employment with UW- Milwaukee ended in April. Contact Sophie Carson at (414) 223-5512 or [email protected]. Follow her on Twitter at @SCarson_News. 2/17/25, 3:13 Ex professor Anthony Azenabor, charged with assault, flees country 2/2", "8246_104.pdf": "-4\u00b0 Eau Claire Closings and Delays \uf00d \uf0c9 First Alert Forecast Healthcare Shutdown Community First University of Wisconsin-Milwaukee professor is accused of sexually assaulting a student he was advising in a PhD program. Fifty-eight-year-old Anthony Azenabor is charged with two counts of second-degree sexual assault and fourth-degree sexual assault. Azenabor made his initial appearance in court Sunday when cash bond was set at $7,500 criminal complaint says the assaults began in March 2018 and occurred at his office and a research lab. The complaint says the woman was afraid to disclose the assaults for fear that she would not be granted a PhD. Authorities say that during the course of the investigation, a second victim was identified who was previously Azenabor's student. She also said she did not disclose the assaults for fear of not receiving her graduate degree. Azenabor's attorney did not immediately return a call for comment. Most Read professor charged with sexually assaulting student By Published: Mar. 4, 2019 at 10:46 \uf144 Applications open for five homes from Habitat for Humanity Woman arrested for 1st offense with two kids in the car \uf144 7-year-old survivor of murder-suicide fighting for her life after being shot in the head \uf144 Motorist arrested for discharging firearm multiple times from his vehicle releases Girls Basketball Tournament brackets 2/17/25, 3:13 professor charged with sexually assaulting student 1/3 Latest News \uf144 Altoona Lions Club hosts two-day fishing classic \uf144 13 First Alert Weather: Dangerous cold to move in Sunday night candidates visit Eau Claire to continue rallying support ahead of spring election 13 First Alert Weather @ 10: Frigid temps and wind chills bring dangerously cold weather (2-16-25) \uf144 Altoona Lions Club hosts two-day fishing classic \uf144 2025 Winter wedding fair \uf144 2/17/25, 3:13 professor charged with sexually assaulting student 2/3 Warming shelter in La Crosse viz \uf144 \uf144 13 First Alert: Frigid temperatures and wind chills bring dangerous cold this week No one hurt after house fire in Onalaska 13 First Alert Web Weather: Snow now a distant memory (2-16-25) \uf144 Woman arrested for 1st offense with two kids in the car Public Inspection File [email protected] - (715) 835-1313 Terms of Service Privacy Policy Statement Applications Advertising Digital Marketing Closed Captioning/Audio Description At Gray, our journalists report, write, edit and produce the news content that informs the communities we serve. Click here to learn more about our approach to artificial intelligence Gray Local Media Station \u00a9 2002-2025 News First Alert Forecast SportScene 13 Hello Wisconsin Community First Contests Morning Connection Contact Us 1907 S. Hastings Way Eau Claire 54701 (715) 835-1313 2/17/25, 3:13 professor charged with sexually assaulting student 3/3", "8246_105.pdf": "Azenabor Seeks Restraining Order to Stop From Releasing Records Posted on May 22, 2019 by Kaitlyn Herzog Anthony Azenabor\u2019s lawyer is asking a judge to restrain the University of Wisconsin-Milwaukee public records office from releasing complaints and decisions about the former professor to student journalists, Media Milwaukee has learned. The attorney is arguing that Azenabor\u2019s right to a fair trial would be compromised if student journalists receive the documents now. Azenabor is the professor fighting criminal charges that allege he sexually assaulted a student on campus. 2/17/25, 3:13 Azenabor Seeks Restraining Order to Stop From Releasing Records 1/7 Anthony Azenabor. Photo: Jodie Filenius Azenabor\u2019s attorney, Odalo J. Ohiko, filed a motion a May 20, 2019 that read in part: \u201cThe requested records are directly related to the\u2026criminal case, with some of the records being verbatim accounts of information contained in discovery. This case is set for Jury Trial in Milwaukee County on August 19, 2019. It has already had considerable pre-trial publicity. Disclosing the requested confidential records will negatively impact his right to a fair trial and impartial jury.\u201d 2/17/25, 3:13 Azenabor Seeks Restraining Order to Stop From Releasing Records 2/7 Download this 1 of 4 \ue9c6 \ue9a2 The former professor was fired on April 30 by the System Board of Regents nearly two months after he was accused of three counts of sexual assault against a student. After his March 2019 arrest, Media Milwaukee filed public records requests for complaints about Azenabor sent to and decisions made by the Office of Equity and Diversity Services at UWM, which investigates complaints made by students and faculty. Media Milwaukee also requested the Provost\u2019s decision and any other decisions 2/17/25, 3:13 Azenabor Seeks Restraining Order to Stop From Releasing Records 3/7 from other entities at UWM, like the Faculty Rights and Responsibilities Committee. Media Milwaukee is trying to learn more about the timeline and how the Azenabor situation was handled internally at as well as ascertain how many complaints have been filed against him throughout his career at the university. The former professor is also facing criminal charges in Milwaukee County Circuit Court, but the internal complaint process is employment-related and separate from the court procedures. Azenabor has entered a not guilty plea in court and declined a previous student journalist\u2019s request for comment. 2/17/25, 3:13 Azenabor Seeks Restraining Order to Stop From Releasing Records 4/7 Anthony Azenabor. Photo: Mugshot and file photo. After his dismissal Public Records Custodian Kathryn Amato informed Media Milwaukee that the university needed to send Azenabor what is called a \u201cWoznicki\u201d notice to satisfy requirements of state law. \u201cPursuant to Wisconsin law, certain record subjects are entitled to receive notice before a record is released,\u201d Amato said. \u201cThe record subject is given a period of time to challenge the release of the records.\u201d In Wisconsin law, the subject in question is given a chance to file a motion within days to withhold personnel documents of the public employee. Azenabor\u2019s attorney, Odalo J. Ohiku, filed on the 10th day. The Woznick notice requirement originally derived from the 1996 case of a public employee called Woznicki vs. Erickson. \u201cThis case established that records held about an individual by a government agency are public records subject to request,\u201d Ballotpedia explains. However, those whose records are requested now had a right to be alerted to the pending release and had to be given a chance to sue to stop it. The notice provision is now baked into Wisconsin law in some circumstances involving public employees. State statutes read, \u201cWithin 10 days after receipt of a notice under sub. (2) (a), a record subject may commence an action seeking a court order to restrain the authority from providing access to the requested record. If a record subject commences such an action, the record subject shall name the authority as a defendant.\u201d 2/17/25, 3:13 Azenabor Seeks Restraining Order to Stop From Releasing Records 5/7 The statutes also explain: \u201cThe court, in an action commenced under sub. (4), may restrain the authority from providing access to the requested record. The court shall apply substantive common law principles construing the right to inspect, copy, or receive copies of records in making its decision.\u201d Azenabor is slated for a jury trial on August 19 at 8:30 a.m. in the Milwaukee County Safety Building. Azenabor is accused of two felony counts of 2nd degree sexual assault/use of force and one misdemeanor count of 4th degree sexual assault of one of his graduate students in the biomedical science program at UWM. The three instances allegedly happened between March and May of 2018. The accuser says in the criminal complaint she hesitated coming forward immediately in fear of not being able to graduate second graduate student has come forward alleging misconduct from Azenabor, although the charges only deal with the first student, the criminal complaint revealed. Media Milwaukee\u2019s policy is to not name sexual assault accusers due to the sensitive nature of the allegations. Media Milwaukee was able to obtain some records from the public records office previously, such as Azenabor\u2019s course evaluations, which uncovered 17 years of concern from his students regarding his conduct in the classroom. Since is the subject of the restraining order, the university will be seeking representation of the Department of Justice. 2/17/25, 3:13 Azenabor Seeks Restraining Order to Stop From Releasing Records 6/7 The accusations allegedly occurred during a time frame in which was in the news over sexual assault and sexual harassment allegations against other employees. In some past cases, the Equity and Diversity office investigator and the provost disagreed sharply over those conclusions. Kaitlyn Herzog Posted in News, Top Stories Previous: Sweeping Smollett Under the Rug [EDITORIAL] Next: Share Your Voice: Multicultural Session Media Milwaukee | Student-Powered News at UW-Milwaukee | Privacy Policy 2/17/25, 3:13 Azenabor Seeks Restraining Order to Stop From Releasing Records 7/7", "8246_106.pdf": "Anthony Azenabor professor, pleads not gui to sexual assault charges -- Antony Azenabor, a University of Wisconsin-Milwaukee professo accused of sexual assault, pleaded not guilty in court on Wednesday, March 13 Azenabor, 58, faces two felony counts of second degree sexual assault/use of force and a misdemeanor charge of fourth degree sexual assault. According to the criminal complaint, on Jan. 23 an officer met with the victim, w stated that her former professor, who she identified as Anthony Azenabor, engaged in non-consensual sexual contact with her during the time he was her assigned PhD program advisor. According to the complaint, the victim told investigators she first met Azenabor 2016 after she was accepted by him as a student in a PhD program. She stated that she began to meet Azenabor regularly in his office or academic laboratory concerning research required as part of the program. The victim claims from t outset of her academic relationship with Azenabor, he insisted on walking her t her car, told her to be cautious of other faculty members, and emphasized his role in her ability to complete her PhD coursework and be granted a PhD. Published March 13, 2019 4:35pm 6 Now Milwaukee | | Watch Live 2/17/25, 3:13 Anthony Azenabor professor, pleads not guilty to sexual assault charges | FOX6 Milwaukee 1/3 The victim told investigators that around Sept. 2017, Azenabor began to tickle, pinch, and hug her, and that he explained to her that this behavior was normal as he had done this with his sisters in his home country of Nigeria. In mid-March 2018, the victim claims Azenabor pulled her onto his lap and touched her inappropriately. The victim told police she was ultimately able to fr herself from Azenabor's grip and fell to the floor, and that as she was leaving, h told to not \"spread lies about him.\" In April 2018, the victim claims Azenabor approached her from behind and touched her inappropriately as she was attempting to leave his office following meeting. The victim told officials she asked Azenabor why he did this, and he allegedly said \"you're the person I'm in love with love you,\" according to the criminal complaint. In May 2018, the victim claims Azenabor requested her to bring a piece of equipment for their research to a lab in the basement of Enderis Hall. Once inside the lab, which the victim described as locked and with no windows, Azenabor allegedly forced the student to have sex with him. The victim told officials that she did not disclose any of Azenabor's behavior or the assaults for fear that she would not be granted a PhD. During an investigation into Azenabor's conduct -- officials did identify a second 2/17/25, 3:13 Anthony Azenabor professor, pleads not guilty to sexual assault charges | FOX6 Milwaukee 2/3 victim who was previously an assigned student of Azenabor's. The complaint indicates this second victim reported substantially similar condu -- including similar grooming behavior that included inappropriate sexual questions and sexual comments, unwanted physical contact including hugs, tickling, and statements that Azenabor \u201cloved\u201d this student. This student also reported that Azenabor instilled a fear of mistrust in other factually members, and this student reported that she did not immediately report Azenabor's conduct for fear of being unable to obtain a graduate degree based on his comments. Azenabor is scheduled to be back in court on March 28. This material may not be published, broadcast, rewritten, or redistributed. \u00a92025 Television Stations f t t y 2/17/25, 3:13 Anthony Azenabor professor, pleads not guilty to sexual assault charges | FOX6 Milwaukee 3/3", "8246_107.pdf": "\uf0e73 weather alerts \uf002 \uf26c Watch Now Quick links... By News Posted 3:20 PM, Mar 04, 2019 Click here for updates on this story Milwaukee University of Wisconsin-Milwaukee professor is accused of sexually assaulting a student in the spring of 2018. Anthony Azenabor, a professor of biomedical science, appeared along with his attorney in Milwaukee County Intake Court Sunday morning and was formally charged with two counts of 2nd Degree Sexual Assault Using Force and one count of 4th Degree Sexual Assault. Azenabor is accused of sexually assaulting a female student over a period of time in the spring of 2018. According to the criminal complaint, during the investigation of the assaults by the Police Department, a second student came forward and reported that she too had been assaulted by Azenabor. According to the criminal complaint, the victims did not come forward for fear of not receiving their degrees Professor charged with sexually assaulting student \uf09a\ue61b\uf0e0 Menu 2/17/25, 3:14 Professor charged with sexually assaulting student 1/3 The court found probable cause against Azenabor and ordered him to have no contact with the student, the student\u2019s family, the University and faculty. Azenabor, who is originally from Nigeria, was also ordered to surrender his passport. Cash bond was set at $7,500. At Sunday morning\u2019s hearing, Azenabor entered a not guilty plea to the misdemeanor charge of 4th Degree Sexual Assault. Azenabor\u2019s next court appearance, a preliminary hearing, is set for March 13. Sunday afternoon, the University of Wisconsin-Milwaukee issued this statement regarding Professor Azenabor. \u201cThe charges against Prof. Azenabor are very serious police have been working closely with the District Attorney\u2019s office on the criminal investigation. The University administration is evaluating his continued employment. Prof. Azenabor is currently not assigned to teach any classes and does not have contact with any students is committed to maintaining a safe environment for all of our students, and we always encourage students who believe they have been victimized to come forward and speak to police. Their courage allows us to take action.\u201d Please note: This content carries a strict local market embargo. If you share the same market as the contributor of this article, you may not use it on any platform. Copyright 2025 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Sign up for the Headlines Newsletter and receive up to date information. E-mail Submit 2/17/25, 3:14 Professor charged with sexually assaulting student 2/3 News Weather Community Sports Don't Waste Your Money Support Sitemap Do Not Sell My Info Privacy Policy Privacy Center Journalism Ethics Guidelines Terms of Use Careers Public File Application Public File Contact Us Accessibility Statement Scripps Media Trust Center Closed Captioning Contact Scripps Local Media \u00a9 2025 Scripps Media, Inc Give Light and the People Will Find Their Own Way \uf09a \uf16d \ue61b 2/17/25, 3:14 Professor charged with sexually assaulting student 3/3", "8246_108.pdf": "former University of Wisconsin-Milwaukee professor has reportedly left the country amid criminal charges that he sexually assaulted students while on campus Former UW-Milwaukee Professor Flees Country Amid Sexual Assault Charges Anthony Azenabor Charged With Forced Intercourse With Student System Dismissal Notes Another Victim 19, 2019 Listen \u2022 Joe Gratz (CC) Privacy - Terms Overnight Classics Music 2/17/25, 3:14 Former UW-Milwaukee Professor Flees Country Amid Sexual Assault Charges 1/4 Anthony A. Azenabor, 59, faces two counts of second-degree sexual assault and one count of fourth-degree sexual assault, according to charges filed by the Milwaukee County District Attorney\u2019s Office in April. According to online court records, a prosecutor told the judge in the case that Azenabor has left the country and they have reason to believe he will not return. According to the criminal complaint, a student working with Azenabor, who was a professor in UW-Milwaukee\u2019s College of Health Sciences\u2019 Department of Biomedical Sciences, told investigators that Azenabor made sexual comments, groped her and pulled her onto his lap on multiple occasions which ultimately led to forced intercourse in May 2018. Stay informed on the latest news Sign up for WPR\u2019s email newsletter. Email Submit The complaint also stated the student was afraid that by reporting Azenabor she might not be granted a PhD. In April, the University of Wisconsin Board of Regents fired Azenabor. An affidavit from the System says he \u201cdid not allege that these students had consented to sexual contact from him, instead he denied that any sexual contact had taken place.\u201d It continued to state that Azenabor alleged there was a \u201cdepartmental conspiracy\u201d against him, which the board rejected. The affidavit also mentioned there was another victim of unwanted sexual contact and advances from Azenabor including kissing, biting and forced intercourse. Overnight Classics Music 2/17/25, 3:14 Former UW-Milwaukee Professor Flees Country Amid Sexual Assault Charges 2/4 communications director for UW-Milwaukee said they don\u2019t comment on personnel matters or former employees call made to Azenabor\u2019s cell phone was not returned. Wisconsin Public Radio, \u00a9 Copyright 2025, Board of Regents of the University of Wisconsin System and Wisconsin Educational Communications Board. Related Stories 2 former Milwaukee County Jail correctional officers charged with abusing inmates Green Bay school district violated Title by failing to investigate sexual misconduct Sentencing delayed in Kenosha high school assault case after jurors voice doubts on verdict Overnight Classics Music 2/17/25, 3:14 Former UW-Milwaukee Professor Flees Country Amid Sexual Assault Charges 3/4 \u00a9 2025 by Wisconsin Public Radio, a service of the Wisconsin Educational Communications Board and the University of Wisconsin- Madison Former Milwaukee city attorney charged with misconduct in public office State attorney general taking \u2018victim-centric approach\u2019 to testing sexual assault kits Overnight Classics Music 2/17/25, 3:14 Former UW-Milwaukee Professor Flees Country Amid Sexual Assault Charges 4/4"} |
8,167 | Thomas Harford | Columbia University | [
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"8167_102.pdf",
"8167_103.pdf"
] | {"8167_101.pdf": "An Update on 5 Colleges' Legal Battles Against Sexual Misconduct Lawsuits Several major universities are fighting their own sexual harassment and sexual abuse cases. Here's an update on their efforts. January 29, 2019 at 05:53 6 minute read By Sue Reisinger senior reporter The original version of this story was published on Corporate Counsel 2/17/25, 3:14 An Update on 5 Colleges' Legal Battles Against Sexual Misconduct Lawsuits 1/14 Michigan State University. Photo: EQRoy/Shutterstock.com year ago this month sports doctor Larry Nassar was sent to prison for sexually abusing student athletes at Michigan State University. Now several other major universities are fighting their own sexual harassment and sexual abuse cases. Here's an update on their efforts. Ohio State University U.S. District Judge Michael Watson of the Southern District of Ohio in Columbus has ordered the school into mediation with former student athletes who have filed two suits claiming they were sexually abused by former sports doctor Richard Strauss. The doctor took his own life in 2005. The Jan. 17 order came as the university asked the court to dismiss the cases based on the statute of limitations. Both sides said they welcome mediation. Special counsel Michael Carpenter, appointed by the Ohio Attorney General to represent the school, told the student newspaper, the Lantern, \u201cUnder the court's established processes, we welcome mediation and will confer and bring forward to the court a recommendation for a mediator.\u201d Carpenter is from the Columbus office of the litigation boutique Carpenter Lipps & Leland. Ohio State general counsel Christopher Cully did not return a message Tuesday seeking comment. Michigan State University The university's legal fees in the Nassar scandal have reached nearly $20 million, according to a Jan. 23 report by the Lansing State Journal. The majority of the legal fees\u2014$13.4 million\u2014have gone to two law firms: Skadden, Arps, Slate, Meagher & Flom and Latham & Watkins, the newspaper said. 2/17/25, 3:14 An Update on 5 Colleges' Legal Battles Against Sexual Misconduct Lawsuits 2/14 The fees are growing because the school is paying for the criminal defense of three former employees, including former university president, Lou Anna Simon, who is charged with lying to investigators about her knowledge of complaints against Nassar. Simon faces a Jan. 31 criminal hearing. Dartmouth College Dartmouth on Jan. 15 filed its response to a lawsuit filed by seven students who accused three former psychology professors of sexually harassing and, in one case, sexually abusing them. The school denied liability and claimed it acted in a timely manner to remove the professors. The case is in U.S. District Court in New Hampshire. Among other things, the response said the professors, \u201cif they acted as alleged, did so completely outside their scope of employment and in violation of Dartmouth's policies and core values.\u201d The response was filed by Dartmouth outside counsel Joan Lukey, of Choate Hall & Stewart in Boston. Deborah Marcuse, lead counsel for the women and a partner at Sanford Heisler Sharp, said in a statement to Corporate Counsel, \u201cDartmouth's 85-page answer includes a laundry list of crucial admissions: that complaints about inappropriate conduct by [these] professors spanned more than a decade; that the college considered them 'isolated' incidents and chose to address them in isolation; and that high-level administrators knew about inappropriate conduct by the professors. Even now, faced with the reality of a toxic environment Dartmouth fostered for multiple generations of female students, Dartmouth considers itself blameless message Tuesday to Dartmouth general counsel Sandhya Iyer was forwarded to Diana Lawrence, associate vice president in the Office of Communications, who replied, \u201cThank you for the opportunity to comment, but we are going to decline.\u201d 2/17/25, 3:14 An Update on 5 Colleges' Legal Battles Against Sexual Misconduct Lawsuits 3/14 Columbia University Former student Irene Politis on Jan. 17 filed an amended sexual misconduct complaint against Columbia and former Dean Thomas Harford in U.S. District Court in Manhattan. The changes include filing under her own name rather than proceeding as Jane Doe; alleging that Columbia knew that Harford had a history of sexually harassing and stalking women at the university; and increasing the amount of damages to $60 million. \u201cMs. Politis's original complaint contained facts that were the tip of the iceberg,\u201d said a statement from David Sanford, lead counsel and a name partner at Sanford Heisler Sharp. \u201cWe knew that Dean Harford had engaged in coercive sexual behavior with her, and that Columbia failed to protect her from this misconduct. Since the filing of the original complaint, we have learned that Columbia was aware of Dean Harford's prior acts of sexual harassment and stalking, tolerated it, and thereby empowered Dean Harford to victimize Ms. Politis.\u201d Columbia general counsel Jane Booth forwarded a message for comment to a university spokesperson who said, \u201cUpon learning of allegations made against Tom Harford in August 2018, Columbia University immediately removed Mr. Harford from his position as Dean of Students of the School of General Studies, and his employment was terminated. The University and its officials had no knowledge of the events prompting the complaint before they were officially reported to us. Mr. Harford is prohibited from ever returning to our campus. These actions were taken in a matter of days, reflecting Columbia's commitment to the safety and well-being of our students. \u201cWe will soon be responding in court to the claims set forth in the amended complaint. However, we note that Columbia has worked diligently to support Ms. Politis with appropriate resources and guidance, including continuing to provide campus housing. She was not asked to leave her Columbia apartment.\u201d 2/17/25, 3:14 An Update on 5 Colleges' Legal Battles Against Sexual Misconduct Lawsuits 4/14 Columbia is represented by Michele Hirshman of Paul, Weiss, Rifkind, Wharton & Garrison and Roberta Kaplan of Kaplan Hecker & Fink. Kaplan filed with the court Tuesday a letter stating that Columbia intends to file a motion to dismiss. \u201cColumbia continues to believe that plaintiff's claims should be dismissed in their entirety,\u201d it stated. An initial court conference is scheduled Jan. 31. Harford, who has not yet filed a response in court, is represented by Amy Walsh and Mark Thompson of Orrick, Herrington & Sutcliffe in New York. Neither was immediately available for comment Tuesday. University of Southern California Thirty-five more women in January filed court complaints alleging they too were sexually abused by gynecologist George Tyndall, who has more than 200 police complaints for sexual misconduct lodged against him. Over 300 women have filed suits in both state and federal courts in California. Tyndall has not been criminally charged and has denied the allegations. The suits allege that Tyndall sexually assaulted the women under the guise of performing medical exams. Last October offered the victims $215 million to settle the claims against it, but plaintiffs said it was not enough money. By comparison, Michigan State settled some 300 claims for about $500 million. The plaintiffs are being represented by an array of California law firms, including Manly, Stewart & Finaldi and Allred, Maroko & Goldberg is represented by Quinn, Emanuel, Urquhart & Sullivan. This content has been archived. It is available through our partners, LexisNexis\u00ae and Bloomberg Law. To view this content, please continue to their sites. 2/17/25, 3:14 An Update on 5 Colleges' Legal Battles Against Sexual Misconduct Lawsuits 5/14 Go To Lexis \u2192 Not a Lexis Subscriber? Subscribe Now Go To Bloomberg Law \u2192 Not a Bloomberg Law Subscriber? Subscribe Now Why am seeing this \u00a9 2025 Global, LLC, All Rights Reserved. Request academic re-use from All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing. 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Unlimited access to Law.com 1 free article* across the subscription network every 30 days Access to additional free publications Exclusive discounts on events and publications Already have an account? Sign In The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. About Us Contact Us Site Map Asset & Logo Licensing Advertise With Us Customer Service Terms of Service Privacy Policy Copyright \u00a9 2025 Global, All Rights Reserved Join Law.com 2/17/25, 3:14 An Update on 5 Colleges' Legal Battles Against Sexual Misconduct Lawsuits 14/14", "8167_102.pdf": "January 18, 2019 Columbia Sued for $60M in Harassment Case former Columbia University (NY) undergraduate is suing the institution and Thomas Harford, former dean of students of the School of General Studies, for $60 million, alleging that Harford coerced her into a sexual relationship last summer and that Columbia failed to protect her from him. The student initially filed her lawsuit for $50 million in August as Jane Doe. She filed an amended complaint this week using her real name. Read Full Article Member News 2/17/25, 3:14 - Columbia Sued for $60M in Harassment Case 1/1", "8167_103.pdf": "Sanford Heisler Sharp Files $60 Million Amended Complaint Against Columbia University and Former Dean Thomas Harford Alleging Sexual Harassment and Retaliation Amended Complaint Alleges Columbia Knew of Dean\u2019s History of Harassment and Stalking and Did Nothing January 17, 2019 10:31 | Source: Sanford Heisler Sharp Follow YORK, Jan. 17, 2019 NEWSWIRE) -- Former Columbia University undergraduate student Irene Politis today filed an Amended Complaint for $60 million against Columbia University and former Dean Thomas Harford. In today\u2019s complaint, Politis is no longer proceeding as \u2018Jane Doe.\u2019 In the original Complaint, filed in August 2018, Politis alleged that Dean of Students Harford used his power and influence to coerce her into an inappropriate sexual and romantic relationship in the summer of 2018 and that Columbia University violated Title by failing to protect her from Dean Harford\u2019s sexual misconduct. This occurred soon after Politis had suffered a traumatic experience and was referred to Dean Harford for assistance. Dean Harford gave Politis money from his personal funds and then subjected her to unwanted, Company Profile Sanford Heisler Sharp Website: r.com Press Release Actions Print Download Subscribe via Subscribe via Javascript Share search 2/17/25, 3:14 Sanford Heisler Sharp Files $60 Million Amended Complaint 1/4 abusive and inappropriate sexual activity, told her stories about his violent past to intimidate her, and used her need for scholarship funds as bait to keep her bound to him. Based on new information, the Amended Complaint alleges Columbia knew that Dean Harford had a history of sexually harassing and stalking women at Columbia. Nevertheless, the suit alleges, the University permitted Dean Harford to remain in a position where he had great authority over the lives and well- being of students. The Amended Complaint also describes how Columbia carried out a campaign of retaliation against Politis after she filed her original Complaint. The Amended Complaint provides additional detail about Dean Harford\u2019s coercive sexual relationship with Politis. After Politis told Dean Harford about her discomfort with the relationship, Dean Harford admitted his wrongdoing, texting her know failed you, and know that means I\u2019ve failed personally as the dean of students.\u201d The Amended Complaint further alleges that when Politis brought Dean Harford\u2019s inappropriate behavior to the attention of other Columbia administrators and the public, Columbia retaliated against her and effectively forced her out of the University. After Ms. Politis filed an internal complaint and this lawsuit in August 2018, Columbia restricted her access to University personnel and resources. The University also threatened Politis with eviction from her University housing after she took medical leave due to Dean Harford\u2019s harassment. Ultimately, the suit alleges, Columbia compelled Ms. Politis to forfeit her housing. \u201cMs. Politis\u2019s original Complaint contained facts that were the tip of the iceberg,\u201d said David Sanford, lead counsel in this matter. \u201cWe knew that Dean Harford had engaged in coercive sexual behavior with her, and that Columbia failed to protect her from this misconduct. Since the filing of the original complaint, we have learned that Columbia was aware of Dean Harford\u2019s prior acts of sexual harassment and stalking, tolerated it, and thereby empowered Dean Harford to victimize Ms. Politis 2/17/25, 3:14 Sanford Heisler Sharp Files $60 Million Amended Complaint 2/4 Tags The suit is brought under the New York City Human Rights Law, Title of the Education Amendments of 1972, and New York common law. The filing requests compensatory and punitive damages for Politis, as well as all attorneys\u2019 fees, a pre- and post-judgment interest, and other relief the Court may find just and proper. Politis is represented by Sanford Heisler Sharp\u2019s Chairman David Sanford, Vice-Chairman Jeremy Heisler, and New York associate Meredith Firetog. About Sanford Heisler Sharp Sanford Heisler Sharp is a public interest class-action litigation law firm with offices in New York; Washington, D.C; San Francisco; Nashville; San Diego; and Baltimore. Our attorneys have graduated from the nation\u2019s top law schools, clerked for judges throughout the United States, and amassed extensive experience litigating and trying cases that have earned over one billion dollars for our clients. The Firm specializes in civil rights and general public interest cases, representing plaintiffs with claims of employment discrimination, sexual violence, labor and wage violations, predatory lending, consumer fraud, and whistleblowing, among other claims. Along with a focus on class actions, the Firm also represents individuals and has achieved extraordinary success in the representation of executives and attorneys in employment disputes. For more information go to or call (202) 499-5200 or email [email protected]. For the latest news, visit our newsroom or follow us on Twitter at @sanfordheisler. For more information, contact Jamie Moss, newsPRos, 201-493- 1027, [email protected] Class Action 2/17/25, 3:14 Sanford Heisler Sharp Files $60 Million Amended Complaint 3/4 Recommended Reading About Us GlobeNewswire is one of the world's largest newswire distribution networks, specializing in the delivery of corporate press releases, financial disclosures and multimedia content to media, investors, and consumers worldwide. Follow us on social media: Global News \u2022 English \u2022 Fran\u00e7ais \u2022 Deutsch Newswire Distribution Network & Management \u2022 Home \u2022 Newsroom Feeds \u2022 Notified \u2022 Legal \u2022 Contact us \u2022 Resources January 29, 2025 09:30 Source: Sanford Heisler Sharp McKnight Sanford Heisler Sharp McKnight Files Class Case Against Southwest Airlines on Behalf of More Than 60,000 Retirement Plan Beneficiaries Suit alleges Southwest Airlines failed to replace a chronically underperforming fund that holds over $2 billion in Southwest\u2019s retirement plan assets. For more information: Jamie Moss, newsPRos,... January 20, 2025 12:45 Source: Sanford Heisler Sharp McKnight Statement on President Biden\u2019s Grant of Clemency for Leonard Peltier From Kevin Sharp, Co-Vice Chairman Sanford Heisler Sharp McKnight NASHVILLE, Tenn., Jan. 20, 2025 NEWSWIRE) -- This morning, President Biden granted clemency to political activist and Native American community advocate, Leonard Peltier, who has been... Explore South Korea Flow Cytometry Industry Trends, Key Pl... February 17, 2025 04:07 Bitget Launches Global Graduate Program to Cultiva... February 17, 2025 03:36 2/17/25, 3:14 Sanford Heisler Sharp Files $60 Million Amended Complaint 4/4"} |
7,765 | Colin McGinn | University of Miami | [
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She's claiming the school violated its Title responsibilities by failing to fully investigate her sexual harassment claims against McGinn in 2012 and failing to stop his retaliation against her. She is 2/17/25, 3:15 University Of Miami Sued Over Handling Of Colin McGinn Harassment Claims | HuffPost College 2/15 also accusing McGinn of sexual harassment and civil assault, and McGinn and Erwin, another philosophy professor, of defamation. Morrison filed similar claims against in a U.S. Equal Employment Opportunity Commission complaint last year, which was not resolved. Her attorneys kept open the option of litigation if the complaint wasn't successful, they said. McGinn has always maintained he was never formally accused of sexual harassment. He resigned in 2013 just before facing faculty senate charges of not reporting a consensual relationship. Morrison claims erred when it accused him of that lesser charge after she made what she believed to be a formal complaint of harassment against McGinn. \"The problem is it wasn't consensual, it wasn't romantic in any way,\" said Ann Olivarius, one of the student's attorneys. (Olivarius herself was a plaintiff in the first Title sexual harassment lawsuits against a university.) \"If this isn't a case of textbook sexual harassment, then don't know what is, and brought the first case.\" The Huffington Post recently reviewed several hundred pages of emails and text messages exchanged between McGinn and Morrison over nearly a year, most of which have not been publicly available. They show the professor talking about having an erection, referencing a \"hand job,\" complimenting her legs and calling her foot his \"beloved pet.\" When Morrison worked as McGinn's research assistant, the famed professor pressed the student for a photo of her, repeatedly asked if he could come to her apartment and made multiple references to Lolita, the novel in which an older professor becomes obsessed and sexually involved with a 12-year-old girl, according to emails HuffPost reviewed. At the time, McGinn was 62 and Morrison was 26, 2/17/25, 3:15 University Of Miami Sued Over Handling Of Colin McGinn Harassment Claims | HuffPost College 3/15 something he noted in one email. In the emails, McGinn wrote about wanting to kiss her, floated the idea of their having sex over the summer and stated she was \"much better off with my support than without it.\" Morrison is now \"destroyed\" and spends a lot of time home in bed, Olivarius said. Her goal now is to \"get her name cleared and have some sort of future in front of her\" because she has struggled since the university decreed that what she claimed was harassment was actually a consensual relationship. Andrew Berman, an attorney for McGinn, said in a statement the professor \"denies the claims and we will vigorously defend against them in the appropriate forum.\" Erwin declined to comment, citing advice from his lawyer. Eric Isicoff, an attorney for the university, declined to comment on the specifics of Morrison's charges. \"Obviously, the University of Miami is aware of the allegations of the former teaching assistant,\" Isicoff said. \"When the allegations were brought to the university, they were investigated thoroughly and a very swift and decisive action was taken. The matter was successfully concluded very quickly.\" The Start Of The Comments McGinn offered Morrison a research assistant position on Dec. 12, 2011, the emails show. She had taken a seminar with McGinn, who was working at the time about a book on evolution and human hands. They developed a grip, similar to a handshake, that they would perform during in-person meetings. 2/17/25, 3:15 University Of Miami Sued Over Handling Of Colin McGinn Harassment Claims | HuffPost College 4/15 McGinn is well-known in the philosophy world, having taught at the University of Oxford, UCLA, Rutgers and Princeton prior to landing at Miami in 2006. He regularly wrote for the London Review of Books and the New York Review of Books. Morrison, as her emails reflect, was often worried about her prospects in the job market and saw working with McGinn as a big leg up. But just a few weeks after he hired her, McGinn started to harass the student in correspondence, her attorneys say. He emailed her at least once a day between Dec. 19 and Dec. 27, with little response from her. In a Dec. 27 email, he wrote think you owe me unlimited hand strokes and full body grips for abandoning me over Christmas.\" Over winter break, which lasted about a month, McGinn emailed her more than 30 times and spoke with her just once, according to his own count in an email he sent her Jan. 15, 2012. After multiple emails from McGinn, including a request to come to her apartment, she replied see no reason that we can't continue the beautiful and unique relationship that we have developed.\" She did not directly address the request to visit, but said she would see McGinn in class. In a January 2012 meeting, the graduate student says he held and kissed her foot, according to the lawsuit. After that, court papers state, she frequently wore sneakers that she hoped would discourage that behavior. McGinn wrote that he missed Morrison and wasn't able to see her as much as he wanted. He complained about their working relationship, stating in an email he is not \"getting much in return\" and said need you to make a big gesture in my direction--anything would do.\" 2/17/25, 3:15 University Of Miami Sued Over Handling Of Colin McGinn Harassment Claims | HuffPost College 5/15 She wrote back that she had been feeling sick and dealing with stress at home, but reassured him am so excited to be [in] the Colin McGinn intellectual lineage.\" In other emails, Morrison wrote she was \"flattered\" by attention from him. In a Feb. 24, email, McGinn wrote have a rather modest unassuming leg--nothing flashy, but quite agreeable. Not like your spectacular look-at-me legs! We should have a foot race one day expect to be left in the dust. Also, what about wearing shorts or a skirt one day so can actually see them--so far I've only strictly seen their shape. Not that I'm obsessed or anything. Your mind should model itself on your legs--powerful, muscular, beautiful, agile. Oh reader! She did not respond. Morrison's attorneys say she often avoided his direct questions about his coming to her apartment or wanting to see her, saying she was sick or had spotty Internet or simply was too busy. One March 2012 text message exchange provided to HuffPost is emblematic of her general response to his comments, the attorneys claim: McGinn love your essence McGinn: Plus it gives me a slight erection Morrison: Can borrow your philosophy of physics book\u2026 the one by lange [sic]. 2/17/25, 3:15 University Of Miami Sued Over Handling Of Colin McGinn Harassment Claims | HuffPost College 6/15 McGinn texted her later that day to say he had an \"erotic\" and \"religious\" dream about her; she responded, \"Strange.\" The texting language then escalated, according to copies of messages sent April 25 that were provided to HuffPost: McGinn: So expect a hand job when next see you. McGinn: Yes. McGinn like to amuse you. McGinn: Now I've got a slight erection. McGinn: I'm imagining you. Morrison did not reply to the texts. Later that month, McGinn pressed her for a response, and she eventually texted, \"Yeah was a bit surprised\" and said won't really know how to respond [sic suppose should be flattered?\" In May, McGinn offered her a paid summer position working for him, and her attorneys said she accepted because she felt she needed the funds. Afterwards he sent her messages saying one of her comments about the weather \"gave me a boner.\" He also said he wanted to visit her apartment. On May 18, he texted feel like kissing you.\" She responded, \"You can't do that.\" 2/17/25, 3:15 University Of Miami Sued Over Handling Of Colin McGinn Harassment Claims | HuffPost College 7/15 The \"Sex 3 Times\" Email On May 23, 2012, McGinn allegedly made multiple verbal comments about having sex with her. She said no, her attorneys said, and stated don't know why we have to have this discussion.\" He then sent an email saying he needed a compromise. \"Here's one (I'm not necessarily advocating it): we have sex 3 times over the summer when no one is around, but stop before next semester begins,\" he wrote. The full email: Need to avoid the scenario sketched: you meet someone else broken hearted, our relationship over (except formally). This follows pretty obviously from current policy. To avoid my heart break need to prepare myself mentally, which means withdrawing from you emotionally- -not good for either of us. Also no good to just have full- blown relationship--too risky and difficult in the circumstances. So need compromise. Many are possible. Here's one (I'm not necessarily advocating it): we have sex 2/17/25, 3:15 University Of Miami Sued Over Handling Of Colin McGinn Harassment Claims | HuffPost College 8/15 3 times over the summer when no one is around, but stop before next semester begins. This has many advantages, which won't spell out, but also disadvantages, ditto am asking you to do this--it is merely one possible compromise solution to a difficult problem, which might suggest others. It has the of a possible solution. Try to take this in the spirit in which it is intended. yours, Colin The next day, May 24, McGinn wrote the student in an email, \"If could I'd marry you.\" Later that day, she texted him am in no mood to continue talking about our relationship. And don't know what more you expect to come from an extended discussion...the past two days have made me feel increasingly uncomfortable with the situation.\" The student went out of town over the summer, and the emails largely remained professional during that time, her attorneys concede, but they say his tone reverted in August. She resigned her position as his research assistant on Sept. 11, 2012. Two days later, McGinn emailed her, stating \"you are much better off with my support than without it. So please think carefully about your actions.\" On Sept. 14, Morrison made what she believed to be a formal sexual harassment complaint and provided some of McGinn's messages to university administrators, hoping to be protected from retaliation. However routed her complaint through an \"informal process\" pressing the professor to resign, according to reports, because it was quicker. (McGinn denies on his blog that he was forced out lawyers have said they chose to pursue this informal route to achieve an immediate resolution. Isicoff echoed the comments in conversations with HuffPost. Morrison said she had a right to choose between a formal or informal complaint process. 2/17/25, 3:15 University Of Miami Sued Over Handling Of Colin McGinn Harassment Claims | HuffPost College 9/15 University officials told Morrison on Oct. 19, 2012, that McGinn insisted she had consented to his advances and there would be no sexual harassment charge, according to her lawyers. Administrators told her a month later that McGinn would be charged in the faculty senate with failing to report a consensual relationship with a student. His actual charging letter stated his \"conduct is unprofessional due to the amorous relationship that developed between a senior faculty member and his student,\" according to the suit. Colin McGinn, second from left, poses with faculty and then-University of Miami President Donna Shalala. The photo was distributed in a 2010 press release noting faculty who won the 2009-2010 Provost\u2019s Award for Scholarly Activity McGinn Exits McGinn told the university in December 2012 he would resign. He insists he wasn't removed by any administrator decided didn\u2019t want the hassle and expense\" of fighting the non-reporting charge, he later wrote in a blog post, adding that he had never heard any mention of sexual harassment charges. Isicoff noted it's typically pretty hard to remove a tenured professor like McGinn and insisted, \"This is the poster child for responsibly and quickly dealing with allegations\" of sexual harassment. 2/17/25, 3:15 University Of Miami Sued Over Handling Of Colin McGinn Harassment Claims | HuffPost College 10/15 As word got around campus about McGinn's decision, Morrison faced retaliation from McGinn and Erwin, the lawsuit contends. In April 2013, Erwin allegedly called the student -- who was taking one of his classes -- into his office. During this meeting, according to the suit, Erwin said she had \"ruined\" McGinn's career and asked, \"Do you even know what harassment is?\" The suit also states that Erwin circulated emails around campus warning the case would be \"discussed in different departments around the country\" and that \"Colin and his friends intend to fight back.\" On his blog, McGinn highlighted a long, anonymous comment that defends his behavior and states that McGinn did not identify his accuser. Morrison's attorneys say he did identify her in emails to philosophy professors at other schools. Close to 100 philosophy professors nationwide signed an open letter urging the university to do more to prevent retaliation against Morrison. University officials responded to those complaints that they had \"limited authority to shut someone up in higher education,\" according to the suit. \"Miami sits there and lets him out on a lie,\" Olivarius said. When news of McGinn's planned resignation at the end of 2013 broke in June of that year, he defended himself publicly, writing on his blog that he had no choice but to clear his name did not make a public response to a confidential allegation made a public response to a public allegation that deemed defamatory and without merit,\" he wrote think anyone else would have done the same. What was to do\u2014say nothing?\" 2/17/25, 3:15 University Of Miami Sued Over Handling Of Colin McGinn Harassment Claims | HuffPost College 11/15 Morrison transferred to a program in the Midwest that year, but had to take a leave due to anxiety and depression. She filed her complaint in 2014, which did not reach resolution before the lawsuit was filed Thursday. The lawsuit now supersedes the complaint, Morrison's lawyers said. Read the full suit below: 2/17/25, 3:15 University Of Miami Sued Over Handling Of Colin McGinn Harassment Claims | HuffPost College 12/15 ______ Tyler Kingkade covers higher education and sexual violence, and is based in New York. You can contact him at [email protected], or on Twitter: @tylerkingkade MORRISON, Plaintiff NO. v MIAMI, a not-for-profit corporation McGINN, in his official and individual capacities, and ERWIN, in his official and individual capacities. Defendants. ________________________________ SOUGHT) Plaintiff (\u201cPlaintiff\u201d), sues Defenda MIAMI, a not-for-profit corporation McGINN in his offi individual capacity and in his official and individual capacity complaining of the Defendants by her attorney, respectfully alleges, upon informa belief, the following: Case 1:15-cv-23856 Document 1 Entered on Docket 10/15/2015 Download this 1 of 66 \ue9c6 \ue9a2 2/17/25, 3:15 University Of Miami Sued Over Handling Of Colin McGinn Harassment Claims | HuffPost College 13/15 ______ Like | Follow | Contact Suggest a correction | Submit a tip At Least 9 People Are Dead, Including 8 In Kentucky, In Latest Blast Of Winter Weather Pete Davidson Casually Mentions Ex Ariana Grande \u2014 And 'It's All Love Mayor Says Her Ghana Trip Ahead Of Deadly Fires Was 'Absolutely Mistake 2/17/25, 3:15 University Of Miami Sued Over Handling Of Colin McGinn Harassment Claims | HuffPost College 14/15 \u2018Saturday Night Live\u2019 Celebrates 50 Years With Comedy, Music And Show\u2019s Many, Many Famous Friends Part of HuffPost News. \u00a92025 BuzzFeed, Inc. All rights reserved. The Huffington Post 2/17/25, 3:15 University Of Miami Sued Over Handling Of Colin McGinn Harassment Claims | HuffPost College 15/15", "7765_102.pdf": "University of Miami professor defends sexual harassment Summary In 2013, Colin McGinn, a renowned philosopher at the University of Miami, resigned from his tenured position amid allegations of sexual harassment by one of his graduate students. The student documented hundreds of emails and texts in which McGinn explicitly expressed a desire to engage in 2/17/25, 3:15 University of Miami professor defends sexual harassment America 1/3 sexual activity with the student and implicitly threatened to retaliate against her professionally if she refused. McGinn defended himself and on intellectual grounds, claiming that his innuendo was in the interest of \u201ctrying to teach a budding philosopher important logical distinctions\u201d and that to interpret his comments as harassment betrayed an inability to grasp philosophical concepts. Some academics came to McGinn\u2019s defense, that a punitive response to McGinn\u2019s behavior would have a chilling effect on intellectual exchange between faculty and students America Analysis This case highlights the need to distinguish protected academic speech from prohibited harassment. Behavior that creates a hostile environment is not protected speech, and to defend it on intellectual and pedagogical grounds is a disingenuous application of the principle of academic freedom. There is no contradiction between punishing sexual harassment and protecting free speech and academic freedom. But defending sexual harassment on free speech grounds contributes to the perception that there is such a contradiction and does a disservice to both efforts to combat harassment and efforts to protect expression. Further Reading Subscribe on his blog in The New York Times arguing New York Times article on the case Archive of McGinn's deleted blog post in Harper's Magazine Louise M. Antony on the case in the New York Times \"What is it like to be a woman in philosophy?\" blog 2/17/25, 3:15 University of Miami professor defends sexual harassment America 2/3 Get updates on events, literary awards, free expression issues, and global news. Email America We stand at the intersection of literature and human rights to protect free expression in the United States and worldwide. Contact Us 588 Broadway, Suite 303 New York 10012 Call: (212) 334-1660 Email: [email protected] Learn More Submit 2/17/25, 3:15 University of Miami professor defends sexual harassment America 3/3", "7765_103.pdf": "Leiter Reports Philosophy Blog News and views about philosophy, the academic profession, academic freedom, intellectual culture, and other topics. The world's most popular philosophy blog, since 2003. The lawsuit against of Miami and Colin McGinn growing out of the sexual misconduct allegations of 2012 Michael Tooley (Colorado) has posted comments about the lawsuit, which settled in 2016, including a statement from philosopher Edward Erwin (Miami), the one defendant who was not party to settlement of the lawsuit. Prof. Erwin sent me the deposition of the plaintiff, which have read; he told me it was not \"under seal\" by the court. I'll say more about it in a moment. My conclusion, however, based on the deposition, is that (1) Colin McGinn behaved inappropriately in trying to initiate a romantic and sexual relationship with his doctoral student, the plaintiff; and (2) the university did not act unreasonably, though find the plaintiff's explanation of her conduct quite plausible do want to highlight a point Professor Erwin makes: Before the case was brought, McGinn, like Peter Ludlow, was blacklisted from academic philosophy. He was denied a one year Visiting Position at East Carolina University; he has been asked to withdraw his contribution to an anthology on Shakespeare and Philosophy because other authors threatened to pull theirs (Peter Ludlow has suffered the same fate), and more recently, he has had a contract for a Shakespeare book cancelled specifically because of the allegations in the case; he has had speaking engagements cancelled, and, although he has applied to several other academic positions, he has failed to make the short list for any of them want to note my agreement with Professor Erwin that this kind of treatment is unacceptable; as wrote in a column awhile back: Liberals who no doubt believe that convicted felons \"deserve a second chance\" sometimes sound like they think that accused or university-convicted sexual harassers should never be heard from again. But how could that be right? Punishments should be proportional to the offense; that is a widely accepted principle of punitive justice. No one thinks that a sexual harasser should be castrated or hung. One also hopes no one thinks a sexual harasser should be prohibited from earning a living ever again. (Even convicted murderers, released from prison, are allowed to work.) The rest of this post will concern the deposition of the plaintiff. It is very long, nearly 700 pages of transcript, but read it all, though some bits more carefully than others skimmed some of the more trivial stuff). Most of the deposition is conducted by Eric Isicoff, lawyer for the University of Miami, a defendant in the lawsuit (there is a short examination of the witness by Professor McGinn's lawyer, Patricia Thompson, at the end). Depositions are often tedious, intrusive, and cruel, full of innuendo based on slivers of evidence (punctuation, phrasing in e- mails in this case). The plaintiff conducts herself admirably in a deposition which had all of these characteristics, and then some; Mr. Isicoff is extremely aggressive and at times rude, trying at times to humiliate the witness (plaintiff's counsel objects quite a bit, and while it isn't as ugly as this deposition, there are points where the tension in that room must have been palpable). Colin McGinn was present at the deposition, and according to plaintiffs' counsel was smirking at her some of the time. It can not have been a pleasant experience for the plaintiff, which makes her steady performance all the more striking. The unpleasantness of the deposition is reason enough for a plaintiff to settle in a case like this large part of Mr Isicoff's examination consists of showing the plaintiff e-mails and asking questions of the form (my language, not his obviously), \"Why were you so nice in this e-mail to Colin McGinn instead of telling him to fuck off if he was really harassing you?\" Defendant's theory of the case is that, in fact, the plaintiff was encouraging a romantic relationship in order to secure professional advantages from McGinn's support, and that when she failed to complete all of a summer research project for McGinn, and McGinn became annoyed, she changed her mind and reported him for misconduct did not find this the most plausible interpretation of the evidence adduced in the deposition, but it is a possible interpretation more plausible interpretation, however, is suggested by the following remarks. 2/17/25, 3:15 Leiter Reports Philosophy Blog: The lawsuit against of Miami and Colin McGinn growing out of the sexual misconduct allegatio\u2026 1/3 First plaintiff testifes at two points in the deposition as follows: He [McGinn] frequently expressed his dislike and his very strong anger and motivation to destroy any individuals that disagreed with him intellectually. He talked badly about members of the graduate student body that he disliked, and being a first year graduate student was afraid to say anything that could possibly put me in a position to be on his bad side. There was one point, and don't remember exactly when this was, but somebody wrote a negative review of one of his recent books, and his response to that was calling the woman a bitch, and claiming he should ruin her career, and that he could so easily do it, because he was so esteemed and everyone trusted him and believed everything he had to say. The review in question was Nina Strohminger's evisceration of McGinn's book on disgust. Given that background, the plaintiff explains her apparently friendly e-mails to McGinn as follows (her e-mails did, indeed, parrot McGinn's language); she testifies she was trying to, To reiterate what he said and to not disrespect him. This is what did in an effort to appease him in a situation in which felt very uncomfortable started to feel very uncomfortable at this point in time. It's very difficult, being a first year graduate student, to push off a professor who shows interest in your intellectual development, and Professor McGinn showed that he thought was smart, and that he thought had some kind of possibility to be good at philosophy, and in showing that interest, you know wanted to respect him, and wanted to try to develop a professional relationship with him, and so thought best to just try to appease him, when it looked like that's what needed to do, and to try my best to kind of shrug off or not directly reciprocate the advances that he was trying to make. For a long time, she did not tell anyone about McGinn's increasingly aggressive attempts to start a romantic and sexual relationship. Here is her explanation didn't tell anybody about anything that was going on because of how humiliating it was to admit that your professor wants to engage in these weird hand-holdings with you, he wants to touch your foot, and that you are so weak that you can't say no, like that's humiliating. Late in the deposition by Mr. Isicoff, on the second day, the following striking exchange occurs with a powerful response from the plaintiff, beginning with a typically loaded question from defense counsel: Q. Isn't it true that over the six month period of time that you were developing the relationship with Professor McGinn, you truly believed that your come-ons, innuendoes, out right explicit proclamations of personal feelings for Professor McGinn, would pay big dividends for you, academically and professionally (plaintiff's counsel): Objection to the form Do you agree with that No do not believe that. And having learned to actually use him, don't you think that rather than trying to move away would have taken him up on giving him a hand job, or something, or actually responded favorably to his claims that gave him an erection, that's not what happened. What did is tried my best to ignore those, and to placate him because he's an astute philosopher who is a narcissist and who has a vendetta against anyone that says anything negative towards him was scared shitless, and didn't know what to do, and found myself in a situation where had someone asking if they could rub my foot, an authority figure that really did not think could say no to, and, yes was weak, and so went alongwith it, and crashed, and couldn't take it anymore suspect I'm also on his vendetta list, since got so fed up with his hectoring e-mails to me that told him directly a couple of years ago he was a \"delusional narcissist.\" Notwithstanding that, and notwithstanding that find the plaintiff's narrative plausible want to reiterate that Professor Erwin is correct: whatever the precise nature of Professor McGinn's misconduct in this matter, he should not be blacklisted from the profession, from publications, or from professional events. He has been sanctioned by the University of Miami for 2/17/25, 3:15 Leiter Reports Philosophy Blog: The lawsuit against of Miami and Colin McGinn growing out of the sexual misconduct allegatio\u2026 2/3 his misconduct, losing his job. Let him, and anyone similarly situated, contribute intellectually and professionally to the extent he is able. UPDATE: Professor Erwin writes: \"Concerning your reading of the Morrison deposition, if you are merely reporting what strikes you as plausible, we do not disagree. However, others will take you to be saying that in fact this is the most plausible reading. To them say: All depends on accepting Morrison\u2019s statements as true.\" Professor Erwin does not think the plaintiff is reliable agree with him that if the plaintiff's statements are not accurate, then her explanation of what transpired would not be persuasive. Posted by Brian Leiter on July 09, 2018 at 05:33 in Issues in the Profession, Philosophy in the News | Permalink Post 2/17/25, 3:15 Leiter Reports Philosophy Blog: The lawsuit against of Miami and Colin McGinn growing out of the sexual misconduct allegatio\u2026 3/3", "7765_104.pdf": "Colin McGinn Born 10 March 1950 West Hartlepool, County Durham, England Education University of Manchester (BA, MA) Jesus College, Oxford (BPhil) Era Contemporary philosophy Region Western philosophy School Analytic philosophy Main interests Philosophy of mind Notable ideas New mysterianism (or transcendental naturalism), cognitive closure Colin McGinn Colin McGinn (born 10 March 1950) is a British philosopher. He has held teaching posts and professorships at University College London, the University of Oxford, Rutgers University, and the University of Miami.[1] McGinn is best known for his work in philosophy of mind, and in particular for what is known as new mysterianism, the idea that the human mind is not equipped to solve the problem of consciousness. He has written over 20 books on this and other areas of philosophy, including The Character of Mind (1982), The Problem of Consciousness (1991), Consciousness and Its Objects (2004), and The Meaning of Disgust (2011).[1] In 2013, McGinn resigned from his tenured position at the University of Miami after a graduate student accused him of sexual harassment. His resignation touched off a debate about the prevalence of sexism and sexual harassment within academic philosophy.[2] McGinn was born in West Hartlepool, a town in County Durham, England. Several of his relatives, including both grandfathers, were miners. His father, Joseph, left school to become a miner but put himself through night school and became a building manager instead. McGinn was the eldest of three children, all boys. When he was three, the family moved to Gillingham, Kent, and eight years later to Blackpool, Lancashire. Having failed his 11-plus, he attended a technical school in Kent, then a secondary modern in Blackpool, but did well enough in his O-levels to transfer to the local grammar school for his A-levels.[3] In 1968, McGinn began a degree in psychology at the University of Manchester, obtaining a first-class honours degree in 1971 and an in 1972, also in psychology.[1] In 1972, he was admitted to Jesus College, Oxford, initially to study for a Bachelor of Letters postgraduate degree. He switched to the Bachelor of Philosophy (BPhil) postgraduate programme on the recommendation of his advisor, Early life and education 2/17/25, 3:15 Colin McGinn - Wikipedia Cooper Fellow.-,Sexual harassment complaint,including by text and email. 1/10 Michael R. Ayers. In 1973, McGinn received the university's John Locke Prize in Mental Philosophy; one of the examiners was A. J. Ayer.[4] He received his BPhil in 1974, writing a thesis under the supervision of Ayers and P. F. Strawson on the semantics of Donald Davidson.[5] McGinn taught at University College London for 11 years, first as a lecturer in philosophy (1974\u201384), then as reader (1984\u201385). In 1985, he succeeded Gareth Evans as Wilde Reader in Mental Philosophy at the University of Oxford, a position he held until 1990. He held visiting professorships at the University of California, Los Angeles (1979), University of Bielefeld (1982), University of Southern California (1983), Rutgers University (1984), University of Helsinki (1986), City University of New York (1988) and Princeton University (1992). In 1990, he joined the philosophy department at Rutgers as a full professor, working alongside Jerry Fodor.[1] In 2006, he joined the University of Miami as Professor of Philosophy and Cooper Fellow.[1] McGinn resigned his position at the University of Miami in January 2013, effective at the end of the calendar year, after a graduate student complained that he had been sexually harassing her, including by text and email. These documents have since been released and include explicit references to McGinn's desire to have sex with the student.[6] He denied any wrongdoing.[7] Represented by Ann Olivarius, the student complained in April 2014 to the Equal Employment Opportunity Commission that the university had mishandled the case.[8] She filed a lawsuit in October 2015 against the university, McGinn, and Edward Erwin, another philosophy professor at the University of Miami. The complaint accused McGinn of sexual harassment, civil assault, and defamation, and Erwin of defamation. It alleged that the university had violated Title of the Education Amendments of 1972 (which requires that women have equal access to education) by failing to investigate the student's complaint adequately or protect her from retaliation, including from McGinn on his blog before his resignation came into effect.[9][10] McGinn's lawyer, Andrew Berman, said that McGinn denied the claim.[9] The lawsuit was settled in October 2016. All parties are prohibited from disclosing the terms of the settlement.[11] The incident triggered a debate about the extent to which sexism remains prevalent in academia, particularly in academic philosophy, and the effect on students and teachers of harassment and harassment-related complaints.[12] In 2014, East Carolina University offered McGinn a visiting professorship but university administrators later rescinded the offer. McGinn blamed the sexual-harassment allegations for East Carolina's decision.[13] Teaching career Posts Sexual harassment complaint 2/17/25, 3:15 Colin McGinn - Wikipedia Cooper Fellow.-,Sexual harassment complaint,including by text and email. 2/10 In 2024, McGinn wrote have existed in a state of professional cancellation for over ten years now. Before that had normal access to teaching positions, publishers, conferences, professional contacts, and so on. Not anymore.\"[14] McGinn has written extensively on philosophical logic, metaphysics, and philosophy of language, but is best known for his work in philosophy of mind. He is known in particular for the development of the idea that human minds are incapable of solving the problem of consciousness, a position known as new mysterianism. In addition to his academic publications on consciousness, including The Character of Mind (1982), The Problem of Consciousness (1991) and Consciousness and Its Objects (2004), he has written a popular introduction, The Mysterious Flame: Conscious Minds in a Material World (1999).[15] Owen Flanagan introduced the term \"new mysterians\" in 1991 (named after the band Question Mark & the Mysterians) to describe McGinn's position and that of Thomas Nagel, first described in Nagel's \"What Is It Like to Be a Bat?\" (1974).[16] McGinn introduced his position in \"Can We Solve the Mind- Body Problem?\" (Mind, 1989), and in The Problem of Consciousness (1991), arguing that the human mind is incapable of comprehending itself entirely.[17] Mark Rowlands writes that the 1989 article was largely responsible for reviving the debate about phenomenal consciousness, or the nature of experience.[18] McGinn argued in the paper for the idea of cognitive closure type of mind is cognitively closed with respect to a property (or theory T), if and only if the concept-forming procedures at M's disposal cannot extend to a grasp of (or an understanding of T). Conceiving minds come in different kinds, equipped with varying powers and limitations, biases and blindspots, so that properties (or theories) may be accessible to some minds but not to others. What is closed to the mind of a rat may be open to the mind of a monkey, and what is open to us may be closed to the monkey. ... But such closure does not reflect adversely on the reality of the properties that lie outside the representational capacities in question; a property is no less real for not being reachable from a certain kind of perceiving and conceiving mind.[17] Although human beings might grasp the concept of consciousness, McGinn argues that we cannot understand its causal basis: neither direct examination of consciousness nor of the brain can identify the properties that cause or provide the mechanism for consciousness, or how \"technicolour phenomenology [can] arise from soggy grey matter.\"[19] Thus, his answer to the hard problem of consciousness is that the answer is inaccessible to us.[20] New, or epistemological, mysterianism is contrasted with the old, or ontological, form, namely that consciousness is inherently mysterious or supernatural. The new mysterians are not Cartesian dualists.[16] The argument holds that human minds cannot understand consciousness, not that there Writing Philosophy of mind 2/17/25, 3:15 Colin McGinn - Wikipedia Cooper Fellow.-,Sexual harassment complaint,including by text and email. 3/10 is anything supernatural about it.[21] The mind-body problem is simply \"the perimeter of our conceptual anatomy making itself felt.\"[22] McGinn describes this as existential naturalism.[23] McGinn is a supporter of animal rights, calling our treatment of non-humans \"deeply and systematically immoral.\"[24] His position is that we make the mistake of seeing the non-human only in relation to the human, because of \"species solipsism\": the farmer sees animals as food, the pet owner as companions for humans, the activist as victims of humans, the evolutionary biologist as \"gene survival machines.\" But \"their esse is not human percipi\" \u2013 \"The rhino looks at us with the same skewed solipsism we bring to him,\" McGinn writes, \"and surely we do not want to be as limited in our outlook as he is.\" He argues that \"we need to improve our manners\" toward animals by recognizing that they have their own lives, and that those lives ought to be respected.[25] McGinn has regularly contributed reviews and short stories to the London Review of Books and The New York Review of Books,[26][27] and has written occasionally for Nature, The New York Times, The Guardian, The Wall Street Journal, The Times and The Times Literary Supplement. He has also written two novels, The Space Trap (1992) and Bad Patches (2012).[1] In 1984, McGinn discussed John Searle's Reith lectures on Radio Three with Searle, Richard Gregory and Colin Blakemore. The next year, he and Sir Andrew Huxley debated animal rights with Bernard Williams as the moderator.[1] He was interviewed for Jonathan Miller's 2003 documentary miniseries Atheism Rough History of Disbelief, later broadcast as The Atheism Tapes (2004),[28] and published an article titled \"Why am an Atheist\".[29] He has also appeared in 11 episodes of Closer to Truth hosted by Robert Lawrence Kuhn, discussing consciousness, personal identity, free will, and materialism.[30] List of animal rights advocates Books (2017). Philosophical Provocations: 55 Short Essays Press. (2015). Inborn Knowledge: The Mystery Within Press. (2015). Prehension: The Hand and the Emergence of Humanity Press. (2015). Philosophy of Language Press. Animal rights Novels and articles Radio and television See also Works 2/17/25, 3:15 Colin McGinn - Wikipedia Cooper Fellow.-,Sexual harassment complaint,including by text and email. 4/10 (2012). Bad Patches (novel). CreateSpace Independent Publishing Platform. (2011). Truth by Analysis: Games, Names, and Philosophy. Oxford University Press. (2011). Basic Structures of Reality: Essays in Meta-Physics. Oxford University Press. (2011). The Meaning of Disgust. Oxford University Press. (2008). Sport Philosopher's Manual. Acumen. (2008). Mindfucking Critique of Mental Manipulation. Acumen. (2006). Shakespeare's Philosophy: Discovering the Meaning Behind the Plays. HarperCollins. (2005). The Power of Movies: How Screen and Mind Interact. Pantheon. (2004). Mindsight: Image, Dream, Meaning. Harvard University Press. (2004). Consciousness and Its Objects. Oxford University Press. (2002). The Making of a Philosopher: My Journey Through Twentieth-Century Philosophy. HarperCollins. (2001). Logical Properties: Identity, Existence, Predication, Necessity, Truth. Oxford University Press. (1999). The Mysterious Flame: Conscious Minds in a Material World. Basic Books. (1999). Knowledge and Reality: Selected Papers. Oxford University Press. (1997). Ethics, Evil, and Fiction. Oxford University Press. (1997). Minds and Bodies: Philosophers and Their Ideas. Oxford University Press. (1993). Problems in Philosophy: The Limits of Inquiry. Blackwell. (1992). The Space Trap (novel). Duckworth (second edition, Amazon Digital Services, 2013). (1992). Moral Literacy or How To Do The Right Thing. Duckworth (London), Hackett (Indianapolis). (1991). The Problem of Consciousness. Basil Blackwell. (1989). Mental Content. Basil Blackwell. (1984). Wittgenstein on Meaning. Basil Blackwell. (1983). The Subjective View: Secondary Qualities and Indexical Thoughts. Oxford University Press. (1982). The Character of Mind. Oxford University Press (second edition, 1997). Selected articles (2024). McGinn, Colin, \"On Cancelling\" ( (2013). \"Homunculism\" ( The New York Review of Books, 21 March (review of How to Create a Mind by Ray Kurzweil). (2012). \"All machine and no ghost?\" ( -mind-brain), New Statesman, 20 February. (2010). McGinn, Colin, \"Why am an Atheist\" ( Wje3bzdryUm) (2004). Principia Metaphysica ( ers.edu/FACSTAFF/BIOS/PAPERS/mcginn-Principia_Metaphysica.pdf) at the Wayback Machine (archived 11 December 2006). (2004). \"Inverted First-Person Authority\". The Monist. (2003). \"The bookworm turned\" ( The Guardian, 29 November. (2001). \"How Not To Solve the Mind-Body Problem\". In Carl Gillett and Barry Loewer (eds.). Physicalism and Its Discontents. Cambridge University Press. 2/17/25, 3:15 Colin McGinn - Wikipedia Cooper Fellow.-,Sexual harassment complaint,including by text and email. 5/10 (2001). \"What is it Not Like to be a Brain?\" In Philip Van Loocke (ed.). The Physical Nature of Consciousness. John Benjamins Pub Co. (1999). \"Our Duties to Animals and the Poor\". In Dale Jamieson (ed.). Singer and His Critics. Basil Blackwell. (1996). \"Another Look at Colour\". Journal of Philosophy. (1995). \"Consciousness and Space\". Journal of Consciousness Studies. (1994). \"The Problem of Philosophy\". Philosophical Studies. (1992). \"Must Be Morally Perfect?\". Analysis. (1991). \"Conceptual Causation: Some Elementary Reflections\". Mind. (1989). \"Can We Solve the Mind-Body Problem?\" Mind. (1984). \"What is the Problem of Other Minds?\". Proceedings of the Aristotelian Society. (1983). \"Two Notions of Realism?\". Philosophical Topics. (1982). \"Realist Semantics and Content Ascription\". Synthese. (1982). \"Rigid Designation and Semantic Value\". Philosophical Quarterly. (1980). \"Philosophical Materialism\". Synthese (1979). \"An Priori Argument for Realism\". The Journal of Philosophy. (1979). \"Single-case Probability and Logical Form\". Mind. (1977). \"Charity, Interpretation and Belief\". The Journal of Philosophy. (1977). \"Semantics for Nonindicative Sentences\". Philosophical Studies. (1976 Priori and Posteriori Knowledge\". Proceedings of the Aristotelian Society. (1976 Note on the Frege Argument\". Mind. (1976). \"On the Necessity of Origin\". The Journal of Philosophy. (1975 Note on the Essence of Natural Kinds\". Analysis. (1972). \"Mach and Husserl\". Journal for the British Society of Phenomenology. 1. \"\"Curriculum vitae\"\" ( 1/mcginn/CV%20McGinn.pdf) (PDF). Archived from the original ( cginn/CV%20McGinn.pdf) (PDF) on 22 December 2009. Retrieved 9 April 2012.() and \"Faculty\" (h ttps://web.archive.org/web/20120529063229/ Department of Philosophy, University of Miami, archived 29 May 2012. 2. Schuessler, Jennifer (2 August 2013 Star Philosopher Falls, and a Debate Over Sexism Is Set Off\" ( The New York Times. 3. Colin McGinn, The Making of a Philosopher, New York: Harper Perennial, 2003, pp. 1\u20134. 4. McGinn 2003, pp. 64, 85. For Ayer, see Colin McGinn, Minds and Bodies: Philosophers and Their Ideas, Oxford: Oxford University Press, 1997, p. 54 ( for information about the prize, \"John Locke Prize in Mental Philosophy\" ( 2005-6/supps/schols/item_154.htm) Archived ( p:// 10 June 2013 at the Wayback Machine, Oxford University Gazette; for a list of winners, \"Winners of the John Locke Prize in Mental Philosophy\" ( Archived ( eb.archive.org/web/20130607080955/ 7 June 2013 at the Wayback Machine, Oxford University Gazette. 5. McGinn 2003, pp. 76\u201377. References 2/17/25, 3:15 Colin McGinn - Wikipedia Cooper Fellow.-,Sexual harassment complaint,including by text and email. 6/10 6. \"Complaint and demand for jury trial against Colin McGinn and the University of Miami\" ( w.themiamihurricane.com/wp-content/uploads/2015/10/Morrison-Complaint-2.pdf) (PDF). 7. Jess Swanson, \"Is It for a Professor to Burden a Student With Sexual Advances?\" (http:// ces-7581424), Miami New Times, 28 April 2015. 8. Robin Wilson, \"Graduate Student Files Complaint Against U. of Miami in McGinn Scandal\" ( hronicle.com/article/Graduate-Student-Files/146231/), The Chronicle of Higher Education, 28 April 2015. Jess Swanson President Donna Shalala Responds to New Times Story: 'No Good Deed Goes Unpunished'\" ( to-new-times-story-no-good-deed-goes-unpunished-7583019), Miami New Times, 30 April 2015. Jess Swanson, \"On the Eve of Her Departure, Donna Shalala's Principles Questioned\" ( w.miaminewtimes.com/news/on-the-eve-of-her-departure-donna-shalalas-principles-questioned-7 627255), Miami New Times, 22 May 2015. 9. Tyler Kingkade, \"University Of Miami Sued Over Handling Of Colin McGinn Harassment Claims\" ( 7ec1?21n61or), The Huffington Post, 16 October 2015. Monica Ainhorn Morrison v University of Miami, Colin McGinn, Edward Erwin ( hurricane.com/wp-content/uploads/2015/10/Morrison-Complaint-2.pdf), United States District Court, Southern District of Florida, Miami Division, 15 October 2015. 10. Victoria Ward, \"British philosopher with alleged 'foot fetish' is accused of harassing student\" (http s:// -is-accused-of-harassing-student.html), The Daily Telegraph, 18 October 2015. Jess Swanson Sued Over Colin McGinn Philosophy Department Sexual Harassment Scandal\" ( nt-sexual-harassment-scandal-7990414), Miami New Times, 20 October 2015. 11. Colleen Flaherty Miami Settles Philosophy Harassment Case\" ( m/quicktakes/2016/10/18/u-miami-settles-philosophy-harassment-case), Inside Higher Ed, 18 October 2016. 2/17/25, 3:15 Colin McGinn - Wikipedia Cooper Fellow.-,Sexual harassment complaint,including by text and email. 7/10 12. Seth Zweifler, \"Prominent Philosopher to Leave U. of Miami in Wake of Misconduct Allegations\" (h ttp://chronicle.com/article/Prominent-Philosopher-to-Leave/139613/), Chronicle of Higher Education, 4 June 2013 (full text ( Luke Brunning, \"Unfortunately, academic sexism is alive and well\" ( k/student/news/unfortunately-academic-sexism-is-alive-and-well-8667136.html), The Independent, 25 June 2013. Seth Zweifler, \"Philosopher's Downfall, From Star to 'Ruin,' Divides a Discipline\" ( om/article/A-Prominent-Philosophers/140071/), Chronicle of Higher Education, 5 July 2013. Jennifer Schuessler Star Philosopher Falls, and a Debate Over Sexism Is Set Off\" ( w.nytimes.com/2013/08/03/arts/colin-mcginn-philosopher-to-leave-his-post.html), The New York Times, 2 August 2013. Tony Allen-Mills think, therefore spark a sex row\" ( 32/ The Sunday Times, 4 August 2013. Amanda Hess, \"At the NYT, All the News That's Fit to Print Does Not Include Sexually Harassing Emails\" ( _the_new_york_times_should_publish_the.html), Slate, 5 August 2013. Kathie Roiphe, \"The Philosopher and the Student\" ( 2013/10/colin_mcginn_sexual_harassment_case_was_the_philosophy_prof_s_story_that.single.h tml), Slate, 8 October 2013. Rob Montz, \"There's 'Just Lip Service to Free Speech' on College Campuses\" ( blog/2015/04/16/theres-just-lip-service-to-free-speech-o), reason.com, 16 April 2015. Tyler Kingkade, \"Professor Accused Of Harassment Is Gone, But Debate Isn't Over\" ( uffingtonpost.com/entry/colin-mcginn-professors-sexual-harassment_56266d2ce4b02f6a900df76 a), The Huffington Post, 21 October 2015. 13. Robin Wilson (17 August 2014). \"East Carolina U. Blocks Hiring of Philosophy Professor Accused of Sexual Harassment\" ( The Chronicle of Higher Education. 14. McGinn, Colin, \"On Cancelling\" ( 15. Galen Strawson, \"Little Gray Cells\" ( rawst.html), The New York Times, 11 July 1999. 16. Owen Flanagan, The Science of the Mind Press, 1991, p. 313 ( ks?id=80HIwMz3bvwC&pg=PA313). Thomas Nagel, \"What Is It Like to Be a Bat?\", The Philosophical Review, 83 (4), October 1974, pp. 435\u2013450 2183914 ( Reprinted in Thomas Nagel, Mortal Questions, Cambridge: Cambridge University Press, 1979, pp. 165\u2013180 ( gle.com/books?id=fBGPBRX3JsQC&pg=PA165). 17. Colin McGinn, \"Can We Solve the Mind-Body Problem?\", Mind, New Series, 98(391), July 1989 (pp. 349\u2013366), p. 350 2254848 ( Reprinted in Timothy O'Connor, David Robb (eds.), Philosophy of Mind: Contemporary Readings, Routledge, 2003, pp. 438\u2013457 ( 18. Mark Rowlands, \"Mysterianism,\" in Max Velmans, Susan Schneider (eds.), The Blackwell Companion to Consciousness, Wiley-Blackwell, 2007 (pp. 335\u2013345), p. 337 ( com/books?id=B1lRZmOzuJ0C&pg=PA337). 19. McGinn 1989 ( p. 349. 2/17/25, 3:15 Colin McGinn - Wikipedia Cooper Fellow.-,Sexual harassment complaint,including by text and email. 8/10 20. Rowlands 2007, p. 335 ( 21. Uriah Kriegel, \"Mysterianism,\" in Tim Bayne, Axel Cleeremans, Patrick Wilken (eds.), The Oxford Companion to Consciousness, Oxford: Oxford University Press, 2009, pp. 461\u2013462 ( google.com/books?id=y_EBsfm2R5IC&pg=PA461). 22. Colin McGinn, Minds and Bodies, Oxford University Press, 1997, p. 106 ( m/books?id=pw28fydsWkwC&pg=PA106). 23. Colin McGinn, The Problem of Consciousness, Oxford: Basil Blackwell, 1991, p. 87\u201388. Tom Sorell, Descartes Reinvented, Cambridge: Cambridge University Press, 2005, pp. 97\u201398 (htt ps://books.google.com/books?id=6oS3WM9a8KQC&pg=PA97). 24. Colin McGinn, \"Eating animals is wrong\" ( s-is-wrong), London Review of Books, 24 January 1991. Colin McGinn, \"Apes, Humans, Aliens, Vampires and Robots\" ( 611104512/ Archived from the original on 11 June 2011. Retrieved 3 November 2012., in Paola Cavalieri and Peter Singer (eds.), The Great Ape Project, New York: St. Martin's Griffin, 1993, pp. 146\u2013151. Colin McGinn, Moral Literacy: Or How To Do The Right Thing, London: Duckworth, 1992, p. 18ff ( 25. Vicki Croke, et al Consideration of Policy Implications Panel Discussion,\" Social Research, 62(3), \"In the Company of Animals\" conference, Fall 1995, pp. 801\u2013838; McGinn on pp. 804\u2013807 40971122 ( 26. Stuart Jeffries, \"Enemies of thought\" ( ation.news), The Guardian, 31 December 2007; Patricia Cohen, \"The Nature of Reasons: Two Philosophers Feud Over a Book Review\" ( l), The New York Times, 12 January 2008. 27. Colin McGinn ( London Review of Books; Colin McGinn ( The New York Review of Books. 28. \"Atheism Tapes: Colin McGinn\" ( ginn) Archived ( s/109-atheism-tapes-colin-mcginn) 11 June 2013 at the Wayback Machine, The Richard Dawkins Foundation, 12 May 2006 (Video ( on YouTube). 29. McGinn, Colin, \"Why am an Atheist\" ( ryUm) 30. \"Colin McGinn\" ( ClosertoTruth.com External links Official website ( Blog ( Colin McGinn ( London Review of Books. Colin McGinn ( The New York Review of Books. Colin McGinn ( The New York Times. \"Portraits: Colin McGinn\" ( (interview), Bill Moyers on Faith & Reason, PBS, 30 June 2006. Further reading 2/17/25, 3:15 Colin McGinn - Wikipedia Cooper Fellow.-,Sexual harassment complaint,including by text and email. 9/10 Levine, David. \"Colin McGinn\" ( 07/colin-mcginn/) (sketch), The New York Review of Books, 7 April 2005. Books, articles Blakeslee, Sandra. \"The Conscious Mind Is Still Baffling to Experts of All Stripes\" ( mes.com/1996/04/16/science/the-conscious-mind-is-still-baffling-to-experts-of-all-stripes.html), The New York Times, 16 April 1996. Fearn, Nicholas. \"Proudly Ignorant\" ( New Statesman, 9 June 2003 (review of McGinn's The Making of a Philosopher). Horgan, John. The Undiscovered Mind: How the Human Brain Defies Replication, Medication, and Explanation, Free Press, 1999 (\"Mysterianism lite\" ( nn0300_199.html), Nature, editorial, 3(199), 2000). Kriegel, Uriah. \"Philosophical Theories of Consciousness: Contemporary Western Perspectives. Mysterianism,\" in Philip David Zelazo, Morris Moscovitch, Evan Thompson (eds.), The Cambridge Handbook of Consciousness, Cambridge: Cambridge University Press, 2007, pp. 36\u201341 ( ooks.google.com/books?id=o9ZRc6-FDg8C&pg=PA36). Retrieved from \" 2/17/25, 3:15 Colin McGinn - Wikipedia Cooper Fellow.-,Sexual harassment complaint,including by text and email. 10/10", "7765_105.pdf": "\ue901\ue900\ue907\ue905 November 2013 Issue [Readings] Out on a Limb Adjust \ue90f \ue90e Share \ue900 \ue901 \ue904 by Colin McGinn From a June 2013 blog post by Colin McGinn, a philosophy professor at the University of Miami who resigned last December after he was accused of failing to disclose a romantic relationship with a female graduate student. The student, who remains anonymous, had complained in September that McGinn sent her sexually explicit emails and text messages, including one in which he wrote that he\u2019d \u201chad a hand job imagining you giving me a hand job.\u201d McGinn subsequently deleted the post. hat kind of hand job leaves you cleaner than before manicure, of course. Why does this joke work? Because of the tension between the conventional idiomatic sense of \u201chand job\u201d (a certain type of sex act) and its semantic or compositional meaning (in which it is synonymous with \u201cjob done by or to the hand\u201d). Virtually all jobs are \u201chand jobs\u201d in the second, semantic sense, for all human work is manual work \u2014 not just carpentry and bricklaying but also cookery and calligraphy. Indeed, without the hand human culture and human economies would not exist. So really \u201chand jobs\u201d are very respectable and vital to human flourishing. We are a \u201chand job\u201d species. (Remember that heart surgeons are giving you a \u201chand job\u201d when they operate on you; similarly for masseurs and even tax accountants have in fact written a whole book about the hand, Prehension, in which its ubiquity is noted and celebrated even have a cult centering on the hand, described in this blog have given a semester-long seminar discussing the hand and locutions related to it now tend to use \u201chand job\u201d in the capacious sense just outlined, sometimes with humorous intent. Suppose now a Professor P, well conversant in the above points, slyly remarks to his graduate student, who is also thus conversant had a hand job yesterday.\u201d The astute student, suitably linguistically primed, responds after a moment by saying: \u201cAh, you had a manicure.\u201d Professor replies: \u201cYou are clearly a clever student can\u2019t trick you.\u201d They then chuckle together in a self-congratulatory academic manner. Academics like riddles and word games. But suppose a na\u00efve eavesdropper, overhearing this witty conversation, jumps to the conclusion that \u201chand job\u201d was being used in the narrow, sexual sense. He then reports the speech act of Professor as follows: \u201cProfessor told his student that he masturbated yesterday.\u201d He has failed to see the joke and has no knowledge of the linguistic and intellectual background of the speech act. He clearly misreports what Professor said, missing both the content and the humor. This might lead to some unfortunate consequences if he rashly goes around telling people what he thinks Professor said, especially if he fails to repeat the very words used by the speaker and paraphrases him in the erroneous way described. Why would the speaker use the rather odd construction had a hand job\u201d (which sounds like he paid for one) if he merely meant to say that he masturbated? Similarly, a professional glassblower might remark to his co-worker with a lopsided grin: \u201cWill you do a blow job for me while eat this sandwich?\u201d The co-worker will interpret the speaker as indulging in crude glassblower\u2019s humor and might reply: \u201cSure, but I\u2019ll need you to do a blow job for me in return na\u00efve eavesdropper might report the speech act as follows: \u201cHe asked his co-worker to perform fellatio on him\u201d \u2014 as if this were the serious intent of the utterance. But that would clearly be wrong; in the dialect of glassblowers a \u201cblow job\u201d is just what you do when professionally blowing glass \u2014 though these workers will no doubt be aware of the lay use of the term. Compare saying \u201cWill you do me a hand job and pass the salt?\u201d when using \u201chand job\u201d in the arch manner described above: this speech act is not to be paraphrased as \u201cWill you masturbate me and pass the salt at the same time You\u2019ve read one of your two free articles this month. Subscribe for less than $2 an issue. 2/17/25, 3:15 Out on a Limb, by Colin McGinn 1/3 Colin McGinnundefined 21st century Blogs Colin McGinn Coral Gables Faculty Florida Hand Sexual harassment in education Speech acts (Linguistics) Study and teaching Teacher- student relationships University of Miami Views on teacher-student relationships These reflections take care of certain false allegations that have been made about me recently (graduate students are not what they used to be). Lesson: reported speech is a bitch (a female dog \u2014 be careful how you paraphrase me!). Lives can turn on it. One has a duty to take all aspects of the speech situation into account and not indulge in rash paraphrases. And one should also not underestimate the sophistication of the speaker. From the November 2013 issue Download From the Archive Timeless stories from our 175-year archive handpicked to speak to the news of the day. Enter email Sign Up You\u2019ve read one of your two free articles this month. Subscribe for less than $2 an issue. 2/17/25, 3:15 Out on a Limb, by Colin McGinn 2/3 Give a Gift Advertising Permissions and Reprints Internships Customer Care Contact Classifieds Help Submissions Find a Newsstand Media Store Terms of Service Privacy Policy \u00a9 Copyright 2025 Harper's Magazine Foundation Do Not Sell My Personal Information \ue901 \ue900 \ue907 \ue905 You\u2019ve read one of your two free articles this month. Subscribe for less than $2 an issue. 2/17/25, 3:15 Out on a Limb, by Colin McGinn 3/3", "7765_106.pdf": "Important Concerns and Issues 1 McGINN Brief Overview In October of 2015, a lawsuit was filed in the United States District Court, Southern District of Florida, Miami Division, against the University of Miami, Colin McGinn, and Edward Erwin. The \u0ce6Relief Sought\u0ce6 was described as follows: \u0ce6WHEREFORE, having set forth the above-described legally sufficient causes of action against the Defendants, Plaintiff prays for the entry of Final Judgment against all Defendants jointly and severally, for damages in an amount not yet quantified but to be proven at trial; for costs and attorneys\u0ce6 fees; and for any other and further relief which is just and proper.\u0ce6 During the case it emerged that the amount ultimately requested was in excess of $16,000,000. In April of 2016, Justin Weinberg reported on the philosophy blog Daily Nous that the case had been settled, and referred readers to a report in The Chronicle of Higher Education. There, one is given a brief description of the case, which concludes as follows: \"The plaintiff's attorney said this week that the case had been settled, and that all parties were prohibited from talking about it. The university did not immediately respond to a request for comment.\u0ce6 It appeared, then, that unless one of the parties violated the confidentiality agreement, one would never find out what the outcome was. In fact, however, what the plaintiff\u0ce6s attorney said was not accurate, since one of the parties to the case had not entered into the confidentiality agreement \u0ce6 namely, Professor Ed Erwin. The legal costs that one incurs in defending oneself against such enormous lawsuits is very great indeed, but, in addition, Colin McGinn has in effect been blacklisted from the profession, while Ed Erwin and his wife suffered great personal harm. While nothing can be done to correct the damage that has already been done, it is my hope that knowledge of the outcome of this case will prevent, or at least significantly reduce, further harm to Colin McGinn and to Ed Erwin. 2/17/25, 3:16 Research 1/4 Ed Erwin's Letter Concerning the Lawsuit in the Colin McGinn Case What Happened in the Colin McGinn Case graduate student at the University of Miami made a complaint against Colin McGinn in 2012. He departed the University in 2013 believing no one had charged him with sexual harassment. The Vice-Provost told him this and the official letter of charges sent to the Faculty Senate contained no such charge by either the student or the University. He left rather than fight for his job partly because he believed, rightly it turns out, that if the Faculty Senate were to rule in his favor, the university president planned to go to the Board of Trustees to get his tenure revoked. In 2015, the student\u0ce6s lawyer, Ann Olivarius, threatened to sue the University of Miami, Colin McGinn, and me. The lawyer offered me a very large financial inducement (at least $90,000) if would sign an affidavit saying that Morrison had charged sexual harassment even though believed, based on the document filed with the court, she had not refused to sign. The case went to trial in October of 2015, but before this occurred, Olivarius sent a letter to my lawyer agreeing that her case against me \u0ce6does not require litigating\u0ce6. She litigated anyway with some bad consequences for me and painful and tragic consequences for my wife. In December of 2015, the judge dismissed all charges against me with prejudice. Against McGinn, all charges but one\u0ce6a single charge of defamation\u0ce6were also dismissed with prejudice. The case continued with the taking of depositions. The Director of the University\u0ce6s Office of Equality Administration, Ms. Black, testified under oath that when she read some e-mails from McGinn to Morrison without any context, she believed there had been sexual harassment, but when she saw the letters sent by Morrison to him, she concluded otherwise. There had been no sexual harassment. As regards those letters, Morrison has explained in her deposition the reasons for her text messages and e-mails to McGinn. McGinn's lawyer gives Colin's side in her Answer will send either or both documents to those who ask. My e-mail address is [email protected]. Several things came out during the plaintiff's deposition that tell against received opinion on this case. These include: (a) the plaintiff swore under oath that she never viewed the infamous \"handjob\" messages as referring to masturbation (b) the plaintiff made repeated favorable references to \"handjobs\", \"grips\" and related matters herself in her correspondence with McGinn (c) the plaintiff sent numerous messages to McGinn that the university took to demonstrate that there was no sexual harassment but rather a consensual romantic, non- sexual relationship between them, (d) although the plaintiff showed several people at the 2/17/25, 3:16 Research 2/4 university some messages that McGinn had sent her, she never showed anyone (including her mother, her own attorney, and, as he testified, her boyfriend, Ben Yelle) most of the text messages she had sent McGinn (e) the plaintiff later claimed that her reason for neglecting to show anyone her text messages to McGinn was that someone spilled beer on her phone. She did not produce the phone. Shortly after Morrison was deposed, the university offered to settle. All those connected to the case who signed the non-disclosure agreement are legally prohibited from discussing the offer refused to sign. The plaintiff had asked for over $16M in damages and payment of her legal expenses, but she was offered zero dollars in damages and only partial payment of legal fees. She accepted the offer. The case ended. Many of the allegations in this case were based on nothing more solid than rumors and lies. One rumor passed around in my own department was that McGinn was asked to resign his position at Rutgers because of a charge of sexual harassment. Here is what the former Chair at Rutgers says about this claim: \u0ce6I was chair when Colin McGinn resigned to take a position at the University of Miami. He was not asked to resign. To the best of my knowledge, no Rutgers student ever lodged a complaint against him\u0ce6 (Former chair, Philosophy Department, Rutgers University, e-mail message to me, September 18, 2013.) Before the case was brought, McGinn, like Peter Ludlow, was blacklisted from academic philosophy. He was denied a one year Visiting Position at East Carolina University; he has been asked to withdraw his contribution to an anthology on Shakespeare and Philosophy because other authors threatened to pull theirs (Peter Ludlow has suffered the same fate), and more recently, he has had a contract for a Shakespeare book cancelled specifically because of the allegations in the case; he has had speaking engagements cancelled, and, although he has applied to several other academic positions, he has failed to make the short list for any of them. Despite McGinn\u0ce6s vindication in the court case and the University lawyer arguing that the only offense he was guilty of was failing to report a romantic relationship, the University of Miami continues to blacklist him. When McGinn applied for a position last year, prominent scholars, including Noam Chomsky and Steven Pinker, agreed to send letters, but they were never contacted. This was not an oversight. An administrator and some faculty members on the hiring committee were aware of what was happening know this because they told me. McGinn later applied for a one year visiting position, but the Philosophy Department refused to consider him. 2/17/25, 3:16 Research 3/4 He has now applied a third time competing against junior candidates for a position as either an assistant or associate professor. This time leading scholars sent letters. One said \u0ce6Colin McGinn is one of the most distinguished and influential philosophers of his generation\u0ce6; another said \u0ce6McGinn is one of the great philosophers of the late 20th and early 21 century\u0ce6; a third said \u0ce6Colin McGinn is one of the most intelligent, eminent, and productive philosophers of the last forty years.\u0ce6 McGinn did not make the short list of candidates to be considered recently invited McGinn to the campus to hear a talk on consciousness, which was partly about his work, but he was told that he was banned from the campus. Perhaps most absurdly, he was also banned from listening to the lecture from a remote location off campus have not been told the administrators\u0ce6 reasons for not wanting to re-hire McGinn, but it would be understandable if they wished to avoid expected harsh reactions from students, philosophers, the press, and perhaps the board of trustees understand such a reaction, but no matter how long try cannot think of any good reason to commend it. As long as philosophers refuse to speak out, the evil blacklisting practices of the 1950\u0ce6s will be repeated over and over again. Philosophers such as Ludlow, McGinn, and Barnett, though innocent of the charges against them, will see their reputations, livelihoods, friendships, and marriages destroyed and virtually no one will help them because virtually no one cares. Ed Erwin, University of Miami Discussion of Brian Leiter's Comments 2/17/25, 3:16 Research 4/4", "7765_107.pdf": "Detailed Account of the McGinn Affair (updated) By Justin Weinberg. April 28, 2015 at 11:31 am The Miami New Times has a long and detailed account of the events leading up to Colin McGinn\u2019s resignation from the University of Miami. It is based on hundreds of messages reviewed by the Times, \u201cmany of which have never been publicized,\u201d a first person account from the student McGinn allegedly harassed, and conversations with McGinn (4/30/15): University of Miami President Donna Shalala responds in a a new Miami New Times story here. (via Tim O\u2019Keefe) 31 \uf0e0Subscribe \uf0d7 Login 31 2/17/25, 3:16 Detailed Account of the McGinn Affair (updated) - Daily Nous 1/21 31 Join the discussion \uf03e \uf0e7 \uf06d Oldest \uf0dd David Sobel \uf017 9 years ago am astonished that Miami found that there was not sufficient evidence against McGinn. 0 Reply Jennifer Frey \uf017 9 years ago Here\u2019s the thing about unwanted sexual advances from someone with institutional and professional power over you: you\u2019re damned if you defend yourself and you\u2019re damned if you don\u2019t. You\u2019re damned if you defend yourself because you risk alienating those who hold the keys to the professional kingdom. You\u2019re damned if you don\u2019t because then your silence is understood as consent. This explains why women walk away most of the time: they\u2019d rather put up with this harassment than risk losing their place in the profession. 0 Reply ejrd \uf017 9 years ago UM\u2019s response to McGinn and \u201cClaire\u201d is also a disaster that merits not only scrutiny but scorn. If this report is an accurate representation failed in its response here. 31 2/17/25, 3:16 Detailed Account of the McGinn Affair (updated) - Daily Nous 2/21 0 Reply Jon Trerise \uf017 9 years ago \u201cI\u2019ve been involved with brilliant women academics for some time,\u201d McGinn says don\u2019t have trouble with that concept.\u201d Well, isn\u2019t that broad-minded of him. 0 Reply Anon Grad Student \uf017 9 years ago From the University of Miami 2014-2015 Faculty Manual ( eb/wda/facultysenate/FacultyManual.pdf#page=109&view=FitB Sexual harassment is defined as unwelcome sexual conduct, such as unwelcome advances, requests for sexual favors, or other conduct of a sexual nature when: 1. Such conduct is engaged in under circumstances implying that one\u2019s response might affect academic or personnel decisions that are subject to the influence of the person engaging in that conduct; or 2. Such conduct is directed at an individual or a group and (a) is either abusive [*]or would be considered severely humiliating by a reasonable person at whom it was directed[*], or persists despite the objection of the person(s) targeted by the conduct; or (b) is so clearly unprofessional that it creates a hostile environment that may substantially impair the work or academic performance of colleagues, coworkers or students.\u201d \u2026 \u201cIn any event, to constitute sexual harassment, the conduct must be severe, or persist despite the fact that the faculty member knew or [*]should have known[*] 31 2/17/25, 3:16 Detailed Account of the McGinn Affair (updated) - Daily Nous 3/21 that the conduct was unwelcome.\u201d I\u2019ve isolated the counterfactuals that would damn McGinn in spite of the fact that Claire apparently never explicitly told him to stop. I\u2019m not sure whether this was the policy during the incident. 1 Reply Yet Another Female Student \uf017 9 years ago \u201cThe prime point here is that it involves the illegitimate exercise of power. The victim of the mindfuck is exploited, leaned on, invaded, imposed on, controlled and manipulated. Mindfucking is an inherently aggressive act. It is an act of psychological violence, more or less extreme. As such, it is clearly immoral. The intention behind it is morally objectionable: it is an intention to do harm. This is clearly the implied meaning of the term; the idea of domination is built into the concept.\u201d \u2014 Colin McGinn 1 Reply Sigrid \uf017 9 years ago That all sounds very telling, (6), for the most part. Only, none of the accounts sound to me like there was an intention to do harm. More like, an intention to have fun combined with an inexcusable lack of awareness and consideration. (Leaving aside the subsequent blogging\u2026) 0 Reply AnotherOne \uf017 9 years ago felt as if Claire had found my letters from my first year of grad school and read each one out loud. In other words had a very similar experience professor asked me to work as a research assistant after my first semester too. 31 2/17/25, 3:16 Detailed Account of the McGinn Affair (updated) - Daily Nous 4/21 was really excited about it initially thought he might have asked me because wrote an interesting term paper or something. But after a few months of organizing his office, and even catching him chuckle after asking me if considered myself a \u201clogic person started to have my doubts. These doubts were confirmed one day when he started complaining to me about his marriage and then upped the ante by telling me that was \u201cattractive as a woman reacted really well in the moment, and listed all the reasons why his comment was wildly inappropriate (I\u2019m a first year grad student, you\u2019re married, you remind me of my great uncle\u2026). But don\u2019t let that fool you- my confidence was shaken to the core. I\u2019m still surprised that it affected me as much as it did. After all, I\u2019m an adult stuck up for myself, and to this day wouldn\u2019t change a single word of my response. But even two years later was unable to report it without breaking down like Tammy Faye Bakker. If this happened to me and it happened to Claire, I\u2019m curious how many other people have had this sort experience. And to anyone who has, were you also surprised by just exactly how damaging it was to you? 0 Reply Another Anon Junior Person \uf017 9 years ago Re: AnotherOne I, too, had so many experiences in grad school that clearly have not yet gotten over, because when try to describe them to people my voice starts to crack would share my stories in detail if writing them down wouldn\u2019t obviously violate reasonable obscenity guidelines on blog comments. Some of the things said to me during that period of time in my life still rings clear as a bell in my memory. What struggle with is the sheer wastefulness of it all. So many hours that could have been working on developing ideas with a clear frame of mind have been lost to endlessly replaying my experiences and beating myself up about how did or didn\u2019t respond to them at the time think constantly about my experiences, and then spend more time feeling bad about how much obsessively think about them, how can\u2019t seem to get over it. 31 2/17/25, 3:16 Detailed Account of the McGinn Affair (updated) - Daily Nous 5/21 I\u2019m glad Colin McGinn gets to play on his professional trampoline and continue to churn out books without any institutional affiliation. Some of us (like Claire) don\u2019t have the luxury of fully and completely moving on. 1 Reply Professor Plum \uf017 9 years ago guess think did a pretty good job in this case: after all, the most famous member of the philosophy department was forced to resign very soon after charges against him were raised. Of course understand the victim\u2019s anger, and would be angry too, but McGinn is gone and has apparently been rendered unemployable. As the article points out, there were aspects of the case that would make sexual harassment charges challenging to bring against McGinn. While it is obvious that what he did was wrong, it is foolish to pretend that some of the victim\u2019s correspondence with him didn\u2019t pose a problem for the harassment case. This is not to blame the victim think she is a victim, but don\u2019t really understand the anger at UM. It seems to me that they did a fairly good job responding to an awful situation. Perhaps my perspective is informed my the many, many cases know of which are just as bad as the McGinn case but where the harassers are still well regarded members of their departments. One example once had to literally remove the hands of a male professor from a female graduate student. That is physically took my hands and removed his hands from her, at which point he called me a \u201ccold bitch have every reason to believe that this was not an isolated incident. This man is still a highly esteemed full professor at a \u201ctop five\u201d department. Of course, the deep problems with the culture shouldn\u2019t lead us to look the other way when bad behavior occurs, but think a recognition of just how bad some pockets of philosophy are should lead us to temper some of our criticisms of UM. Yes, their response wasn\u2019t all we might want it to be, but at least McGinn is gone and reasonable people see that his behavior was grossly immoral. 0 Reply anon lady grad student 31 2/17/25, 3:16 Detailed Account of the McGinn Affair (updated) - Daily Nous 6/21 \uf017 9 years ago haven\u2019t had this particular kind of experience, but definitely have had multiple experiences that are similar in important respects, one of which, in retrospect, is horrifying in a similar sort of way to Claire\u2019s. From talking with other female grad students and junior people don\u2019t think this is uncommon. I\u2019ve also struggled with the kinds of things Another Anon Junior Person discusses. But think the thing find the most frustrating is the following struggle with having any confidence in my work or ability as a philosopher, because so much of the time when I\u2019ve thought someone was genuinely interested in my work they turned out not to be. And because it\u2019s just demoralizing and disgusting and gross to go through these things. But it\u2019s not that struggle that is the worst effect, it\u2019s that know that me struggling with those things is negatively impacting how the faculty who work with, and more generally know, think of me know this partly because they *tell me* this constantly get people telling me to be more confident. But one can\u2019t just suddenly \u201cbe more confident\u201d in these kinds of situations. So get into a horrible loop of panicking about what my adviser, committee members, influential people on my faculty think about me, knowing that they are thinking negatively about me in these respects, and that makes me even less confident in myself. The second worse thing is hearing people talk about how attractive women in philosophy \u201chave an advantage\u201d, that they are taking advantage of people thinking they are attractive, that they are playing the system just as much as the system is playing them. These people either have *no concept* of what it is like to be in a situation where one literally cannot get oneself to believe that anyone believes that one is competent or could ever be competent as a philosopher, or they are just horrible human beings constantly think about leaving the field, about not trying to get a job because what\u2019s the point, if do everyone will tell me that it\u2019s because some guy on some interviewing committee thought was hot, and maybe it will be because of that, and don\u2019t care how valuable everyone else thinks philosophy jobs are don\u2019t want one if that\u2019s the way have to get one, and if don\u2019t it will just be evidence that my single contribution to the field is for middle aged men to stare at my chest and make lewd comments to me feel horrible about the fact that this woman\u2019s life has essentially been ruined, and hope that she can find the strength and courage to rebuild it. She\u2019s clearly more courageous than am, because she actually reported things. 31 2/17/25, 3:16 Detailed Account of the McGinn Affair (updated) - Daily Nous 7/21 But also hope that people will take other victims of this sort of thing more seriously, because think that there are certain special features of this case\u2013namely, that the \u201cin crowd\u201d, popular, influential senior people in philosophy largely had already abandoned and shunned McGinn\u2013that make it easier for the philosophical community to condemn him and his actions. It really is true that all of you have friends and people you deeply professionally respect who do these kinds of things. And of course we want to stay loyal to our friends and believe that they are good people and all that. But if things are ever going to change in philosophy, we need to make sure that our priorities lie with finding some sort of peace and justice for victims of these things, and not with making excuses for our friends (or for people who have a lot of power in our own departments). I\u2013and many other women\u2013have been repeatedly *warned* about certain men in the profession. So know that many senior people know what those men have done and what they continue to do. But they are the powerful/popular/important men, so no one encourages anyone to come forward, and, at least in my case would never dare say anything about those people who had harmed me in various ways, unless had decided for once and for all that was definitely leaving philosophy. 0 Reply anon grad student \uf017 9 years ago Echoing anon lady grad student did my undergraduate degree in a tippy top department was stunned at the number of grad programs professors told me to avoid because of serial sexual harassment problems with faculty there. And yet, all of these professors\u2013powerful people, with tenure, at a powerful department\u2013seemed like they were doing nothing. Why must change always bear down on the shoulders of the most vulnerable in the profession\u2013young female grad students? 1 Reply \uf017 9 years ago I\u2019d been talking with friends about how hard it is to just ignore being hit on by someone you \u201cwork with\u201d in response to Laura Kipnis\u2019s ode to hitting on students in The 31 2/17/25, 3:16 Detailed Account of the McGinn Affair (updated) - Daily Nous 8/21 Chronicle. One thing we\u2019ve remembered is how scary it can be to be hit on. Our cases involved being hit on \u201cout of the blue\u201d by someone in some type of trusted position who didn\u2019t actually know us that well think now, in hindsight, we were detecting that the same sort of personality that \u201cfalls\u201d that hard for a near-stranger (or a person who has shown zero reciprocal interest?) is going to react very poorly to being rejected once had some professor (not ever one of my own, just \u201ca professor\u201d from another school) write a 10,000 word screed about me, calling me names, etc. because rejected him. This was a total stranger had spoken to, in group, just once still find it hard to believe. It is hard to believe. The second time he talked to me it was to express his interest. Then he wrote about how terrible was and shared it never thought to be grateful wasn\u2019t worried my reputation would be hurt by his \u201copen letter\u201d about me.) But even people who knew didn\u2019t know him had sympathy for him, seeing guess) nothing wrong with falling for a stranger. Anyway, I\u2019m still very frightened of this person and worried a lot about where I\u2019d move for a job. This was after two interactions that totaled no more than about 15 minutes\u2013 so yes, it affected me far more than would have expected.) Anyway, people like Kipnis think we should just brush off (or be flattered by?) being hit on by our teachers. That isn\u2019t realistic for nearly anyone, in my experience. But if, as am imagining, pretty often a professor hits on a student out of the blue, the approach itself might signal a person who is so off-kilter that they will react very badly to nearly anything else the targeted student does. 0 Reply Kathryn Pogin \uf017 9 years ago Professor Plum agree with you that it\u2019s good the University of Miami at least did something, but a student was subjected to unnecessary, and what sounds like completely devastating, public humiliation, in part precisely because of how the University of Miami responded professor in her own department claimed that her harassment was a feature of a \u201ctrue romance.\u201d Other senior academics came to his defense. She was discussed in false and damaging ways in a plethora of public venues. Miami\u2019s response served to underscore those narratives by framing this as a failure to disclose a consensual relationship. Sure, he\u2019s no longer at the university, but what about her? 31 2/17/25, 3:16 Detailed Account of the McGinn Affair (updated) - Daily Nous 9/21 Obviously you\u2019re right that there are many cases which go undealt with entirely\u2013but \u2018Claire\u2019s\u2019 friend says \u201cIf she could go back and grin and bear it, would she? Of course she would.\u201d If the way of dealing with harassment is such that a victim would rather not have reported at all, then it\u2019s not obvious that Miami\u2019s actions here are much better (or even better at all on the whole) than those of universities which do nothing. 0 Reply AnotherOne \uf017 9 years ago Wow- thanks for sharing ALGS, AGS, and know we have \u201cWhat it\u2019s like,\u201d and that has been really helpful, but appreciate people expressing their own surprise at how it affected them here, now think it goes to show that people have a hard time understanding just how harmful it is until they\u2019ve experienced it for themselves- and think that\u2019s important to keep in mind when it comes to advising grad students who have gone through this sort of thing. 0 Reply Professor Plum \uf017 9 years ago @# 14: well, how do you think the victim would feel if brought harassment charges against McGinn, he fought them, and he won think that would clearly be a worse result for the direct victim, the department, and the wider philosophical community. His defense is that this was all consensual and welcomed by the victim think he acted wrongly, and don\u2019t buy his defense, but some of the victim\u2019s messages support McGinn\u2019s interpretation don\u2019t want to go into details about messages expressing desires for more \u201cintimate\u201d grips leave it to readers to make up their own minds can come up with a way of making sense of these messages, but I\u2019m not confident that most committees would come to the same conclusion. Given all this, it seems we are left with an resolution to an awful situation. 0 Reply 31 2/17/25, 3:16 Detailed Account of the McGinn Affair (updated) - Daily Nous 10/21 Kathryn Pogin \uf017 9 years ago Professor Plum think if they had sufficient evidence to be justified in pressuring him to resign on the basis of allegations of sexual harassment and evidence submitted in support of those allegations, they almost certainly had sufficient evidence of harassment. Whether or not they would have found him responsible is another matter, you\u2019re right \u2014 but again, while it may be an resolution for some, it\u2019s not for her. They need not have defaulted to misrepresenting the situation in any case \u2014 they could just as easily have taken the course they did on the basis of his defense, after conducting a more thorough investigation, and remained clear for the sake of the student that the proposed sanctions were proposed on the basis of his defense of himself rather than on the student\u2019s allegations. 0 Reply AnotherOne \uf017 9 years ago just want to speak to the popularity thing that brought up. I\u2019m pretty sure my harasser wasn\u2019t as important as McGinn, but do want to say something about my experience with reporting and its aftermath. Initially had no intention of reporting was under the impression that my harasser was retiring, and wasn\u2019t going to teach any new students- and just didn\u2019t have time for it ended up having to report because sort of bragged about my response to a new professor, and unbeknownst to me, under Title they had an obligation to report ended up having to have a few really embarrassing official meetings about it. But what made it worse was that one of the people had to meet with really, really liked my harasser and told me how disappointed he was to hear of the case because they had plans to co-teach a grad course in the future. So this thing that hurt me really badly was treated as an inconvenience. On top of that, nobody but the two brand new female junior hires even thought to ask me how it affected me got some information about deadlines for filing formal complaints and the suggestion to, \u201cgo see a counselor or something.\u201d It actually gets a bit worse from there, but haven\u2019t figured out how to express that part without feeling like I\u2019m causing trouble for myself and others. But the last part almost ruined 31 2/17/25, 3:16 Detailed Account of the McGinn Affair (updated) - Daily Nous 11/21 my chances of having any career in philosophy at all- which is an important detail. So when figure out how to explain what happened in a way that doesn\u2019t rock everyone\u2019s boat too much will. Also, while I\u2019m here, thanks to for sharing your experience too. 0 Reply Tim O'Keefe \uf017 9 years ago They\u2019ve published a followup story where Donna Shalala defends UM\u2019s actions: ww.miaminewtimes.com/news/um-president-donna-shalala-responds-to-new-times-st ory-no-good-deed-goes-unpunished-7583019 Her claim: \u201cMost college and university mechanisms for dealing with claims of sexual harassment against tenured faculty are extensive and protracted. The University of Miami is an example of how one institution got it right, resulting in the resignation of this faculty member. The process was lightning speed \u2013 a rarity in the history of higher education is a safer, better place for it.\u201d There is definitely something to that defense, although Kathryn Pogin\u2019s point about their misrepresenting the situation still stands. 0 Reply Paul Prescott \uf017 9 years ago Shlalala is profoundly mistaken. Jennifer Saul @ Feminist Philosophers has it exactly right: \u201cThe way Miami handled the case was immensely damaging to the victim, who has to live with her university having issued an official judgment of \u201cconsensual relationship\u201d \u2026 And certainly her evidence makes it clear that the relationship was anything but consensual \u2026 [T]he university is in fact a worse place for the way this case was dealt with. Other victims will now fear to come forward, knowing that (a) even with vast reams of evidence the university may deem the relationship consensual for the sake of a quick resolution; and (b) the university will not protect them from retaliation.\u201d 31 2/17/25, 3:16 Detailed Account of the McGinn Affair (updated) - Daily Nous 12/21 betrayed Claire, and did so unmistakably. 1 Reply Kathryn Pogin \uf017 9 years ago Let\u2019s not forget, too, that the student was subject to extensive and protracted public commentary from McGinn via his blogging (and others) on this matter too. It\u2019s not as if Miami\u2019s handling this quickly meant the student quickly no longer had to deal with the impact of his presence on her life. 1 Reply anon' \uf017 9 years ago The university\u2019s formal grounds for seeking McGinn\u2019s resignation are not tantamount to, and were not presented as, a substantive finding of what actually occurred between McGinn and \u201cClaire.\u201d Apparently, it\u2019s worth pointing out that the formal grounds represent the least that was necessary to pressure McGinn to resign, even accepting his (mis)interpretation of events. Shalala said as much at the time and has reiterated that by referring to being \u201ca safer, better place\u201d \u2014 a sensibility that wouldn\u2019t apply to a merely undisclosed romantic relationship. Moreover, it\u2019s unclear why the university\u2019s formal grounds for seeking McGinn\u2019s resignation would widely be taken to be a substantive finding \u2014 especially since almost everyone realizes that high-profile, tenured professors don\u2019t simply resign under shady circumstances when they don\u2019t have somewhere else to go. (His spin about why he resigned is plainly absurd, particularly in light of his subsequent blogging.) It seems the consensus within the philosophy profession is that McGinn did sexually harass \u201cClaire\u201d and did unreasonably attempt to discredit her through his bizarre blogging \u2014 which is why, despite his pseudo-voluntary resignation, he appears (and takes himself) to be unhireable on even a modest, temporary basis. Since was able to get rid of McGinn far more expeditiously than would have been possible through a sexual harassment proceeding, the claim that the university failed to \u201cprotect\u201d the student can be hard to understand. He quickly lost his job; he seems to 31 2/17/25, 3:16 Detailed Account of the McGinn Affair (updated) - Daily Nous 13/21 have mostly lost his professional reputation; the university had no control over him after he resigned, especially since he seemingly took himself to have nothing to lose; and his career in philosophy appears to be finished. By contrast, while the vast majority of us don\u2019t know who \u201cClaire\u201d is, we bear her good will. 0 Reply anon \uf017 9 years ago don\u2019t think we should pass too much judgment on how handled the situation. I\u2019m skeptical that UM\u2019s handling of the case was anything other than sufficient. Surely they have more knowledge of both McGinn\u2019s and \u201cClaire\u2019s\u201d role, and human interactions are not always black and white situations that conveniently fit into a predator and prey stereotype. McGinn has suffered appropriately in relation to the charges advanced, he has been publicly branded a sexual harasser and is out of a job, and additional legal branding wouldn\u2019t do much more to affect the situation. Barring silencing McGinn and what? removing his website? I\u2019m not sure that the university should or could have done anything more for case hope this post isn\u2019t silenced am merely expressing a mildly dissenting opinion and hope this isn\u2019t misrepresented as a defense of McGinn or an indictment against \u201cClaire don\u2019t think that the philosophical community should presume to be in a better epistemic position regarding the case than the administration, the people with all the relevant facts. All this coming from someone previously involved on the student side of a faculty-student relationship. 0 Reply Kathryn Pogin \uf017 9 years ago The fact that the university\u2019s grounds for asking him to resign were not the result of a substantive finding appears to be precisely why McGinn blogged about it, and precisely why in some spheres folks (within philosophy and without) have claimed that he was denied due process and skepticism that she was harassed is called for. 31 2/17/25, 3:16 Detailed Account of the McGinn Affair (updated) - Daily Nous 14/21 Whatever epistemic state we are in, the student is better positioned than we are; she has said she was harmed by their handling of it; McGinn says he was harmed by their handling of it; the university has admitted that they sought an alternative path from the ordinary process. 0 Reply \uf017 9 years ago really don\u2019t think we need to avoid \u201cpassing too much judgment\u201d on the university. The ways policies get better is by people talking about and criticizing them agree that seems to have taken the situation seriously, and respect that Shalala thought it was important to get McGinn off the campus as quickly as possible. But have no idea why people think was able to get rid of McGinn far more expeditiously than would have been possible through a sexual harassment proceeding.\u201d They got rid of him quickly because he resigned when facing charges of failing to report. You think he would have stuck around if he was facing charges of failing to report *and* sexual harassment? Why? Mistakes were made, and UM\u2019s response is incredibly unfortunate victim is saying that she feels like the process let her down. She\u2019s saying that if she could do it all again, she wouldn\u2019t have made the report. When she emailed the vice provost about these concerns, he never responded. Now that she\u2019s speaking publicly, Shalala responds by saying \u201cNo good deed goes unpunished.\u201d Seriously? \u201cShut up and be grateful\u201d is not an adequate response here. To be clear, where went wrong: 1) Explaining the process: \u201cClaire claims neither Black nor anyone else in her office explained the process of lodging a sexual-harassment complaint. She says she wasn\u2019t told about the possibility of hiring outside legal help or that counseling services were available to her. Nor was she informed that her claim would be classified as \u201cinformal,\u201d which lessened the university\u2019s responsibility to investigate.\u201d This seems like an obvious problem. The university counsel\u2019s response (\u201cHowever we word it, it was investigated\u2026 Her concerns, however they are characterized, were brought to the university and investigated.\u201d) does not begin to address it: they did not give her the information she needed to have agency over the process. 31 2/17/25, 3:16 Detailed Account of the McGinn Affair (updated) - Daily Nous 15/21 2) Framing the negative result: \u201cOver the next month, Claire was dumbfounded. She says Black did not ask to see any more emails or look on her phone to verify texts. Though she suggested authorities speak to her boyfriend, Yelle, he was never questioned. Finally, on October 19, Black informed her there was *insufficient evidence to prove* sexual harassment.\u201d Meanwhile, according to McGinn (and uncontested by the university), the vice provost said in their meeting \u201cWho said anything about sexual harassment? But you did not report your relationship.\u201d And, Isicoff, the general counsel, is still (in the response to the piece) saying things like \u201cit was determined he did not violate the law or engage in any conduct that would reasonably be deemed unlawful.\u201d (and so presumably did not engage in sexual harassment) From everything I\u2019ve read, the university did not, in fact, determine that McGinn did not engage in sexual harassment. At most, they found that there was *not enough evidence* to proceed with the charge, plausibly without doing enough to pursue it. Finding that there *was no harassment* at that point would have been impossible: their decision came on the basis of the student\u2019s account and emails, seemingly before they ever talked to McGinn. But they seem to have taken the insufficient evidence finding and started talking as though they did not think there was every sexual harassment. Especially by\u2026. 3) Charging McGinn with \u201cfailing to report a consensual romantic relationship.\u201d Sending him a letter that said \u201cThe university believes that Professor McGinn\u2019s conduct is unprofessional due to the amorous relationship that developed between a senior faculty member and his student,\u201d citing a policy requiring reporting of *consensual* relationships, etc. Charging him with this amounted to the university saying that the relationship was consensual. It was a slap in the victim\u2019s face felt as if all believed in had been turned on its head.\u201d), and it hugely enabled McGinn\u2019s smears. People put a of weight on the university having \u201cfound\u201d it was a consensual relationship. It is think, probably a very good thing for universities to be willing to impose significant sanctions on faculty for failing to report even when there\u2019s not conclusive evidence it was non-consensual. But to do that, the university should have a policy forbidding *attempting* to engage in a romantic or sexual relationship without reporting. Then they could pursue these charges without passing judgment on the 31 2/17/25, 3:16 Detailed Account of the McGinn Affair (updated) - Daily Nous 16/21 victim\u2019s response, and without acting as though parties are consenting unless proven otherwise. This, obviously, wasn\u2019t UM\u2019s policy at the time, but if they were listening to the victim here, they would be thinking about changing it instead of praising themselves for their \u201cextraordinary\u201d performance. Even with their actual policy, the university could have done so much better. Like Kathryn Pogin said, they needed to at least be explicit that this was a response to his version of events. They never should have sent him a letter saying \u201cthe university believes\u201d there was an \u201camorous relationship.\u201d It\u2019s incredibly unfortunate (though not unexpected) that the university isn\u2019t willing to listen to the student\u2019s experience. 0 Reply \uf017 9 years ago One other thing: It sounds like the student may have originally only submitted McGinn\u2019s emails (\u201cShe submitted *his* offensive emails to Wilhemena Black, the coordinator who oversees the university\u2019s compliance with Title IX\u201d), and that the reason Black found there was \u201cinsufficient evidence\u201d was that there was no evidence it was non-consensual. But Black \u201cdid not ask to see any more emails or look on her phone to verify texts,\u201d and it sounds like they would have provided that missing evidence. That may not be right. It\u2019s not clear how to interpret things like \u201c\u2018The university has full access to my extensive correspondence with Professor McGinn,\u2019 she says now.\u201d But if it is right, it would be a significant failure. 0 Reply Anonymous \uf017 9 years ago This case is important in part because it shows that policies prohibiting secret amorous relationships can be a practical form of defense against sexual harassment. Some comments above support Miami\u2019s approach while others believe it was damaging, but whatever one concludes about this, a lesson to be learned is that policies on 31 2/17/25, 3:16 Detailed Account of the McGinn Affair (updated) - Daily Nous 17/21 unreported personal relationships can expeditiously resolve cases of faculty misconduct do not find it difficult to separate the reason for McGinn\u2019s departure from conclusions about what actually transpired between student and professor; the fact that he was going to be investigated for failing to disclose a relationship does not entail that the student thought it was a consensual relationship. Nor must we assume that the relationship wasn\u2019t consensual; all that matters is that she was his employee and student, and he propositioned her. It should be possible to remove from employment in straightforward fashion any professor who finds it acceptable to pursue a student or employee sexually without removing him or herself from responsibility for that person\u2019s evaluation, regardless of whether the other party consents. In this case, judging from limited information, the prospect of career development seemed to be offered as a reward for indulging erotic overtures, which sounds like standard quid- pro-quo sexual harassment. It is beside the point how the target of such harassment chooses to respond. One easy and practical way of resolving or even preventing such situations is to have a policy demanding disclosure of personal relationships with any student or employee one evaluates or supervises. This approach also accomplishes the worthy goals of protecting adults who wish to have a consensual relationship in an academic or workplace environment, and protecting their colleagues from some of the impact; consent is affirmed and measures can be taken to prevent quid pro quo harassment and exploitation do not mean to suggest that pursuing sexual harassment claims in the usual way is a bad idea or impractical approach only mean that a relationship policy can be a very helpful solution, as this case illustrates. 0 Reply \uf017 9 years ago Sorry about the string of posts, but @27 just want to emphasize that a policy requiring disclosure of romantic or sexual relationships, *overtures or attempts* would serve far better here. With a policy that covers only relationships, that he propositioned her is not all that matters. It seems critical that the propositioning was sustained, because a single rejected proposition is not plausibly a \u201crelationship single attempt is often not 31 2/17/25, 3:16 Detailed Account of the McGinn Affair (updated) - Daily Nous 18/21 considered sexual harassment, and students are left without any recourse reporting policy that covered attempts would be a really productive resource there, but a policy that covers only relationships is useless. It seems clear that charging him with \u201cfailing to report a consensual romantic relationship\u201d had serious consequences. By her own account, the student found it upsetting. The Roiphe piece, Ed Erwin\u2019s statement, and the letters supporting McGinn (Stephen Schiffer, Esa Saarinen, Stephen Pinker, etc.) would plausibly never have happened without it. McGinn would have had much less to blog about, and his version of the story would have gotten much less attention. 0 Reply John Protevi \uf017 9 years ago From Anonymous @ 27: \u201cIn this case, judging from limited information, the prospect of career development seemed to be offered as a reward for indulging erotic overtures, which sounds like standard quid-pro-quo sexual harassment. It is beside the point how the target of such harassment chooses to respond.\u201d Yes. Everyone saying \u201cbut what about her emails to him?\u201d should consider this point very carefully. 0 Reply Zara \uf017 9 years ago Anonymous @ 27 makes a great point tend to think that consensual relations among adults should be allowed, and \u2014 so long as the relationship is consensual \u2014 the primary worry is conflict of interest: thus, reporting requirements should be strictly enforced am now persuaded that a stronger policy should be in place: you are in a conflict of interest if you so much as make romantic overtures to someone over whom you have direct academic or employment authority; and you must report such conflicts if they are either actual or anticipated. As far as conflicts of interest are concerned, it is irrelevant whether the other party desires the attention. You would also be in a conflict of interest if you, for 31 2/17/25, 3:16 Detailed Account of the McGinn Affair (updated) - Daily Nous 19/21 example, accept a romantic invitation for coffee from a subordinate. This applies not only to professors and students. It applies to chairs and other faculty members: any chair considering asking a colleauge out for a romantic evening should report this to her dean. This arguably applies to any faculty members of different rank: any Associate Professor at my institution could find herself on the tenure committee of any Assistant Professor; so even accepting a coffee date from an Assistant Professor in another department poses a potential conflict of interest. (Being in a conflict of interest is a morally neutral state that your institution should be aware of.) 0 Reply anon' \uf017 9 years ago \u201cBut have no idea why people think was able to get rid of McGinn far more expeditiously than would have been possible through a sexual harassment proceeding.\u2019 They got rid of him quickly because he resigned when facing charges of failing to report. You think he would have stuck around if he was facing charges of failing to report *and* sexual harassment? Why?\u201d It\u2019s called a pretext. Presumably didn\u2019t really believe that McGinn failed to disclose a romantic relationship, triggering a firing offense: Shalala\u2019s comments indicate a paramount \u201csafety\u201d concern. Yes, McGinn might well have fought a formal sexual harassment charge, which would be much harder to walk away from and try to spin than resigning over an undisclosed romantic relationship gave McGinn a pretext for resigning \u2014 presumably, motivated by the real possibility that without the pretext, he would have fought a sexual harassment charge that in effect might well preclude getting a job elsewhere. So a reasonable wager is that had McGinn not resigned wouldn\u2019t have forged ahead with the obviously uncomfortable duo of a relatively modest failure to disclose charge and a major sexual harassment charge. But UM\u2019s approach did put the broader philosophical community of women at risk. The failure to disclose pretext afforded McGinn the decent prospect of landing a philosophy job elsewhere. The university could not have anticipated that he would destroy this prospect by going public with the case, especially in the ridiculous way he did. 0 Reply 31 2/17/25, 3:16 Detailed Account of the McGinn Affair (updated) - Daily Nous 20/21 31 2/17/25, 3:16 Detailed Account of the McGinn Affair (updated) - Daily Nous 21/21", "7765_108.pdf": "Three years ago, a female graduate student at the University of Miami accused her professor \u2014 the most prominent member of the philosophy department \u2014 of sexual harassment. Her case against Colin McGinn, a world-renowned author, grew into a contentious battle detailed by New Times earlier this year, with UM... Three years ago, a female graduate student at the University of Miami accused her professor \u2014 the most prominent member of the philosophy department \u2014 of sexual harassment. Her case against Colin McGinn, a world-renowned author, grew into a contentious battle detailed by New Times earlier this year, with declining to charge the professor with sexual harassment but instead forcing him out. Now that student is named on the record for the first time in a new lawsuit filed against the school. Monica Morrison says she wants to bring the university to account. \"It completely mishandled her sexual harassment complaint contrary to law and its own policies, with results that have derailed her career and hurt her personally,\u201d Ann Olivarius, one of her attorneys, tells New Times. \"Monica feels very strongly about protecting other women counsel Eric Isicoff, however, says Morrison does not have a valid claim. \u201cIt was a fast resolution in the best interest of the student. That\u2019s what the complainant wanted: him to resign and relinquished tenure,\u201d Isicoff tells New Times. \u201cIt was the best scenario to happen.\u201d McGinn, meanwhile, has denied harassing his student. He told New Times in April that his correspondence with Morrison was not sexual harassment and that the university never accused him of sexual harassment. He chalks up the erotic connotations to banter and related to their work. \u201cWe were getting into a relationship,\" he said was in no doubt that she was enthusiastic.\" Morrison's case centers on McGinn, a married, Oxford-educated author of 25 books. She says he'd sent her sexually charged emails that made her uncomfortable \u2014 repeatedly using terms like \"slight erection,\" \"handjob,\" and \"Lolita,\" which he said was his favorite book, and even asking her to have sex. Her 66-page complaint, filed last week in Miami-Dade civil court, details the allegations, quoting text messages, emails, and blogs that McGinn wrote or sent to Morrison. McGinn is accused of sexual harassment and civil assault. Morrison accuses of neglecting its Title responsibilities by not launching a full investigation of her sexual harassment claims and to prevent McGinn from retaliating against her in a series of blogs posted on his personal website. Morrison says the school's investigator did not ask to look at additional text messages and emails McGinn sent or interview her boyfriend, who she told authorities was a witness. Morrison also claims neither the investigator nor anyone else in the Office of Equality Administration explained the process of lodging a sexual-harassment complaint. She says she Sued Over Colin McGinn Philosophy Department Sexual Harassment Scandal By Jess Swanson October 20, 2015 Listen to the article now 1.0x Audio by Carbonatix wasn't told about the possibility of hiring outside legal help or that counseling services were available to her. Nor was she informed that her claim would be classified as \"informal,\" which lessened the university's responsibility to investigate. Indeed, the university never accused McGinn of sexual harassment, instead claiming he was guilty of \u201cfailure to disclose a consensual, romantic relationship.\u201d Instead, he was strong-armed into an early retirement president Donna Shalala, who retired in August to lead the Clinton Foundation, considered removing a tenured professor so quickly a \u201cgood deed\u201d and successful resolution. School lawyers say McGinn's quick removal from the faculty shows Morrison's complaint was taken seriously. \"However we word it, it was investigated,\" Isicoff told New Times in April. \"Her concerns, however they are characterized, were brought to the university and investigated.\" The accusations led to a spate of high-profile stories in Slate, the New York Times, and Chronicle of Higher Education. The student declined to speak to those publications but earlier this year spoke to New Times for the first time about the harassment. Ben Burgis, a former philosophy graduate student at the time, supports Morrison think her outing herself like this is really brave,\u201d he says of the court filing lot of people would be tempted to try to hold onto whatever anonymity they had left, so it\u2019s really impressive that she\u2019s giving that up to pursue justice.\u201d The new lawsuit is already making waves on UM's campus. This afternoon at 4 p.m., Katharine Westaway, a Women and Gender Studies lecturer, will hold a news conference about the court filing. She says she hopes it sparks dialogue about gender-based misconduct on campus and the ways to report it. \u201cHer act of bravery seems to be starting an avalanche,\u201d Olivarius says. \u201cPhilosophers around the country, professors in other disciplines, and now University of Miami\u2019s own students are standing up to expose a culture that is harming women and their education.\u201d In April, Morrision \u2014 who no longer lives in Miami \u2014 told New Times am hoping can help others avoid similar situations in the future and to let people know that and President Shalala have not behaved properly or in accordance with the law Sign up for the This Week's Top Stories newsletter to get the latest stories delivered to your inbox Email \u2022 Enter Email reCAPTCHA I'm not a robot Privacy - Terms is the former news editor at New Times. She graduated from the University of Miami and has a master's degree from the Columbia University School of Journalism message from News Editor Natasha Yee: If you value independent journalism, please consider making a contribution to support our continued coverage of essential stories and to investigate issues that matter. Use of this website constitutes acceptance of our terms of use, our cookies policy, and our privacy policy. View our accessibility policy and policy. The Miami New Times may earn a portion of sales from products & services purchased through links on our site from our affiliate partners. \u00a92025 Miami New Times, LLC. All rights reserved. Do Not Sell or Share My Information"} |
7,421 | Fred Gaskin | Maricopa Community College District | [
"7421_101.pdf"
] | {"7421_101.pdf": "5b39-b651-7b12ce7f8139.html 06/18 fires chancellor Gasken Ray Stern Jun 18, 2003 The chancellor of one of the nation\u2019s largest community college systems is being fired amid accusations of improper conduct around women, according to performance evaluations released Tuesday. With a unanimous vote and little discussion, the fivemember governing board of the Maricopa Community College District at their Tuesday meeting chose to terminate the contract of chancellor Fred Gaskin, who was hired three years ago after a nationwide search. Gaskin left a private meeting with the board on May 12 after his 2003 performance evaluation was reviewed. Gaskin, who oversees 10 county colleges \u2014 including Scottsdale and Paradise Valley community colleges \u2014 has been on paid personal leave ever since. He could not be reached for comment. Comments by unidentified board members in the 2002 and 2003 evaluations, which were previously withheld, include: \u2022 Women reported feeling uncomfortable by the way Gaskin \"looks at them with his up - anddown glances and his stares at the upper part of the body.\" \u2022 \"Your treatment of women borders on sexual harassment and only their fear prevents them from filing charges against you.\" 1 of 2 2/17/25, 3:17 06/18 fires chancellor Gasken | East Valley Education News | eastvalleytribune.com 1/3 \u2022 \"Females . . . are uncomfortable with your staring at them and won\u2019t ride alone in the elevator with you recent allegation involves a trip to Washington, D.C., in February that was designed to allow students to learn more about politics. On that trip, which was attended by the governing board members and other district officials, \"a female student was embarrassed by your comments at the banquet and thought that you and others with you were inebriated,\" the 2003 evaluation states. Governing board president Ed Contreras said Gaskin\u2019s alleged behavior on that trip was discussed during the private session May 12, but he would not elaborate. Vice chancellor Steve Helfgot, who once worked with Gaskin at Cerritos College in California, sat with the chancellor at the Feb. 10 banquet, but told the Tribune he did not see Gaskin drunk or hear him make improper comments. Gaskin generally received high marks by the board in his first evaluation in 2001. Many \"good\" and \"excellent\" ratings were given in 2002, as well for Gaskin\u2019s job in planning, financial leadership, increasing community support in college programs and other areas. But in 2002, members wondered whether Gaskin fully supported the board\u2019s ideas for the college district\u2019s future. Hispanic hiring had not been improving as expected. And concerns were raised that Gaskin treated men with more respect than women and made sexist comments. \"At best, this is unprofessional and unbecoming, and at worst could bring about a lawsuit against the district,\" a board member wrote. Despite those concerns, Gaskin was allowed to enter a new four-year contract in May 2002, one that paid him each year $198,884 in base salary, $12,000 in automobile expenses, $5,000 in undocumented expenses, $20,000 in deferred compensation, and 32 days of vacation. Comments by board members in the most recent appraisal chronicle a far worse relationship. Gaskin was reported to play favorites, exclude women and minorities from his \"inner circle,\" work poorly with those who didn\u2019t share his view, and act like an 2/17/25, 3:17 06/18 fires chancellor Gasken | East Valley Education News | eastvalleytribune.com 2/3 arrogant bully. The only question now is how many tax dollars will be needed to satisfy both parties. Gaskin wants to be paid for the full three years remaining on the four-year contract, Contreras said. That would amount to almost $750,000. Contreras said the board had hoped Gaskin would resign, but he wanted too much money to leave. The board will vote on a final resolution, detailing whatever agreement is reached. \"We believe this is the right action for the Maricopa community colleges to continue to flourish,\" Contreras said. 2/17/25, 3:17 06/18 fires chancellor Gasken | East Valley Education News | eastvalleytribune.com 3/3"} |
8,594 | Gary Urton | Harvard University | [
"8594_101.pdf",
"8594_102.pdf",
"8594_103.pdf",
"8594_104.pdf",
"8594_105.pdf"
] | {"8594_101.pdf": "Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment Senior Anthropology professors Theodore C. Bestor, Gary Urton, and John L. Comaroff have weathered allegations of sexual harassment, including some leveled by students. But affiliates said gender issues in the department stretch beyond them May 29, 2020 In 1986, a group of professors writing for the journal Current Anthropology found that the country\u2019s most elite anthropology programs, including Harvard\u2019s, operated based on a \u201chierarchy of prestige\u201d dominated by powerful tenured faculty. The Tozzer Anthropology Building and Peabody Museum house offices for Harvard's Anthropology department. 2/17/25, 3:17 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment | N\u2026 1/24 Nearly 35 years later, it is in part that very hierarchy that has allowed three of Harvard\u2019s senior Anthropology faculty \u2014 former department chairs Theodore C. Bestor and Gary Urton and professor John L. Comaroff \u2014 to weather allegations of sexual harassment, including some leveled by students, according to people with knowledge of the matter and documents obtained by The Crimson. In 2018, a Harvard investigation found Bestor committed two counts of sexual misconduct during an interaction with a female professor at a 2017 conference at UCLA. Harvard\u2019s Faculty of Arts and Sciences disciplined Bestor for the incident, but allowed him to return to work before completing required sanctions. Even before that allegation, several faculty and Harvard officials had been aware since at least 2013 of multiple complaints that Bestor had engaged in inappropriate conduct, according to interviews and documents obtained by The Crimson. In March 2016, one of Urton\u2019s former students emailed an sexual harassment officer to ask about \u201cthe process for submitting a complaint concerning a faculty member.\u201d In both the former student\u2019s conversations with that employee and an affidavit later filed in federal court, she alleged Urton pressured her into \u201cunwelcome sex\u201d before writing her a recommendation letter, though she never filed a formal charge against him. Three current female students told The Crimson this month that they are actively in communication with Harvard\u2019s Title office regarding allegations against Comaroff. Last November, the department asked Comaroff not to use his office in the Tozzer Anthropology Building and removed him from an Anthropology course he was scheduled to teach, according to interviews and documents obtained by The Crimson. Bestor, 68, who studies modern Japan; Urton, 73, who specializes in pre- Columbian archaeology; and Comaroff, 75, who studies postcolonial Africa, are all tenured professors in the department. Urton and Bestor are both scheduled to teach undergraduates and graduate students in the coming academic year. Comaroff, meanwhile, is scheduled to advise Anthropology graduate students and teach undergraduate courses in African and African American Studies, though he has no undergraduate Anthropology courses listed in the preliminary course catalog. 2/17/25, 3:17 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment | N\u2026 2/24 In a May 19 statement to The Crimson, Urton wrote that he had never violated policies on sexual harassment and that, due to confidentiality rules, he could issue nothing but a blanket denial of allegations against him. Bestor wrote in a May 21 statement that he took full responsibility for the incident at in 2017, which he wrote was caused in part by a \u201cserious problem with alcohol\u201d that he has since taken steps to treat. He denied the other allegations leveled against him by former students. In a May 26 emailed statement, Comaroff denied ever having engaged in sexual misconduct or retaliated against a student have not behaved inappropriately toward any Harvard student, nor ever engaged in professional retaliation am at a loss as to why such things should be alleged, let alone reported in The Crimson in the absence of any due process, if there is to be one,\u201d he wrote. \u201cFor the record have not been banished from the Department of Anthropology, my office, or my teaching, nor informed of any formal charges.\u201d Urton, Bestor, and Comaroff are just three among many Anthropology faculty at Harvard. But dozens of people who passed through the department over the last two decades told The Crimson that the problems women face there stretch beyond the allegations against individual professors. Those individuals \u2014 including current students, graduates, former faculty, and other affiliates \u2014 said a department dedicated to the study of human culture failed to notice that its own culture placed women at a disadvantage. An internal department report compiled by a student committee last year documented how those disparities affected female students\u2019 outcomes. Since 1990, female archaeology students have taken longer to complete their Ph.Ds, withdrawn at higher rates, published fewer articles by graduation, and undertaken a disproportionate workload as teaching fellows, according to a copy of the report obtained by The Crimson. Anthropology is a tight-knit field, students in the department said, one where advisors can either open doors for young anthropologists or close them forever. Because of that dynamic, women who were made uncomfortable by faculty in the department said they faced a persistent dilemma. Report, and risk their 2/17/25, 3:17 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment | N\u2026 3/24 career aspirations in anthropology. Continue, and face greater obstacles than their male counterparts. Several of those interviewed said hiring practices like the ones outlined in the 1986 study on the \u201chierarchy of prestige\u201d remain at the root of the problems female students face in the Harvard Anthropology department, pointing particularly to a lack of female faculty. Just three of 21 tenured faculty who hold appointments in the department are female. Within its archaeology wing, there are no tenured female faculty. Across FAS\u2019s social sciences division, 32 percent of tenured professors are women, according to a 2020 Harvard report. In response to The Crimson\u2019s reporting, Anthropology department chair Ajantha Subramanian, who took over from Urton as chair in 2018, and interim chair Rowan K. Flad, who is filling in for Subramanian as she takes leave through July, provided a 3,400-word statement on the department\u2019s efforts in recent years to become \u201cmore diverse, responsive, and equitable.\u201d \u201cThese include ongoing measures to prioritize diversity in faculty hiring, to ensure a high rate of success in internal tenure promotions, to institute mechanisms for students to address their concerns, and to create new forums for intellectual and social engagement,\u201d they wrote. The chairs declined to comment on individual allegations of sexual harassment in the department, referring those questions to administrators. \u201cWe want to underscore the seriousness with which we take all such allegations and our strong commitment to addressing them using every means at our disposal to create a department climate that is free from harassment and sexual misconduct,\u201d Subramanian and Flad wrote spokesperson Rachael Dane also declined to comment on specific allegations against faculty. \u201cThe Faculty of Arts and Sciences takes incidences of sexual misconduct and harassment involving our Faculty very seriously and believes the full spectrum of unwelcome behavior must be addressed,\u201d Dane wrote in an emailed statement, responding to the 2017 allegations against Bestor. She made a similar statement regarding the current allegations against Comaroff. Dane declined to comment in response to the allegations against Urton and the 2013 allegations against Bestor. 2/17/25, 3:17 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment | N\u2026 4/24 The following account is based on emails, affidavits filed in federal court, and other documents obtained by The Crimson, and on interviews conducted over the past eight months with 72 individuals, including 41 current and former graduate students in the department and five former faculty members. Many spoke only on the condition of anonymity because they said they feared retaliation and damage to their career prospects, even years after they had left Harvard PATTERN\u2019 When the professor reported Bestor had assaulted her at the 2017 conference, it was not the first time Anthropology faculty and University officials heard complaints that he had sexually harassed women. At least two other women have accused Bestor of sexual misconduct since the early 2010s, and multiple people have raised concerns about him to the Title office, according to documents obtained by The Crimson and individuals with direct knowledge of the complaint. Harvard administrators first learned of student concerns regarding Bestor as early as 2013. According to several current and former graduate students, allegations against him are the most widely known instances of alleged sexual misconduct in the department. After reading a late night email in 2013 that brought back memories of Bestor\u2019s \u201clongstanding pattern\u201d of harassment, one student told four Anthropology faculty members about inappropriate physical contact and email messages she had received from him, according to a 2014 affidavit the student filed under seal in federal court. Speaking on the condition of anonymity, she estimated in an interview that she had around 10 interactions with Bestor which she found uncomfortable or inappropriate, including harassing emails and unwelcome kissing, over a roughly seven-year period. One of the professors she spoke with \u2014 Urton, the then-department chair \u2014 assured her that he was in contact with the University\u2019s lawyers and ombudsman about her concerns. Urton wrote in his statement that the court case in which the allegations against Bestor surfaced \u2014 a gender discrimination lawsuit brought against Harvard by 2/17/25, 3:17 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment | N\u2026 5/24 former associate Anthropology professor Kimberly S. Theidon \u2014 had been decided in the University\u2019s favor. Urton also noted that the judge found he had adequately responded to the allegations against Bestor. United States District Court Judge Leo T. Sorokin wrote in his 2018 opinion that Urton had \u201chandled the matter promptly\u201d and to the \u201csatisfaction\u201d of the reporting party. The student wrote in the 2014 affidavit that the conduct had stopped, and that she had been able to \u201cmaintain a cordial relationship\u201d with Bestor, though she chose to distance herself from him remain concerned that my complaint could adversely affect his future recommendations about me and my work,\u201d she wrote did not, and do not, want my complaint to adversely affect his career in any way made the complaint solely because wanted the offensive conduct to stop, both for my own sake and for the sake of future graduate students at Harvard.\u201d In his emailed statement, Bestor wrote that he did not send inappropriate late night emails to students or make inappropriate physical contact with students. He wrote that he was never contacted by anyone in the department or Harvard about any Title or Office for Dispute Resolution complaint related to the 2013 allegations in the affidavit. Five students said in interviews that they were aware of a second student since 2013 who said Bestor had sexually harassed her. Heidi H. Lockwood, a professor at Southern Connecticut State University who advocates on behalf of women subject to sexual misconduct at universities, wrote in an email that she is personally aware of multiple allegations against Bestor. \u201cThe complainants have declined to file formal complaints due to the perception that Bestor wields significant power within the field of anthropology,\u201d she wrote. \u201cThey are afraid that filing a complaint -- or even saying negative things about Bestor to others in the field -- would make it difficult or impossible to get a job. In the case of at least one alumna of the program, this appears to have been a justifiable fear.\u201d Harvard officials also appear to have been aware that fear of reprisal discouraged people with allegations against Bestor from reporting, Lockwood 2/17/25, 3:17 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment | N\u2026 6/24 wrote. She spoke with Harvard Title officer Seth Avakian on July 18, 2017 about allegations against Bestor. During their conversation, according to Lockwood, Avakian said multiple students had contacted the Title office with concerns about Bestor, but declined to file formal complaints. Lockwood also recounted the conversation to a third party in a July 19, 2017 email provided to The Crimson. \u201cAs an explanation for the refusal to file formal complaints, [Avakian] pointed out that although Harvard can prohibit retaliation on campus, the Title Office has no way to protect complainants from retaliation within a discipline or a field,\u201d Lockwood wrote in her statement to The Crimson. Bestor wrote that he was unaware anyone had discussed concerns about him with the Title office prior to 2017. \u201cThe only complaint made against me that am aware of in my 33-year teaching career is a single complaint made in 2017 that investigated and which was based on a one-time, isolated incident that was fueled by alcohol, as the complainant herself recognized,\u201d Bestor wrote. In that incident, the professor from another university reported to UCLA\u2019s Title office in May 2017 that, while he was inebriated, Bestor made inappropriate statements to her at a dinner banquet for Japan studies professors at earlier that month. The woman \u2014 one of Bestor\u2019s former advisees who had relied on him for reference letters throughout her career \u2014 also reported that Bestor attempted to hug and kiss her at the dinner, according to another sworn affidavit filed in Theidon\u2019s case in 2019 have taken full responsibility for my conduct from the moment of first learning of the complaint,\u201d Bestor wrote in his statement. \u201cThis event was a one-time, isolated incident that occurred because of a medical condition have that contributed to my becoming intoxicated at the event.\u201d Bestor wrote that he suffers from Type 2 diabetes. On the day of the incident, he was unable to return to his hotel to take his insulin and medication. \u201cThe combination of not having access to my medication, the unseasonably hot day, too little food and too much champagne at the reception all contributed to my becoming intoxicated,\u201d Bestor wrote. \u201cMy condition only got worse at 2/17/25, 3:17 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment | N\u2026 7/24 dinner where there was an abundance of wine, causing me to become extremely intoxicated.\u201d \u201cThe incident, which deeply regret and for which accepted full responsibility, made me finally recognize that had a serious problem with alcohol,\u201d he wrote realized that needed to take action so that such an incident would never occur again went through alcohol detoxification and can proudly report that have now completed two years of sobriety referred the Title complaint to Harvard, according to the affidavit. Despite Bestor\u2019s employment at the University, Harvard\u2019s Title office declined to investigate the incident on jurisdictional grounds. The complainant wrote in the affidavit that Harvard initiated an investigation by its Office for Dispute Resolution in November 2017, only after she appealed the initial refusal in a letter to then-University President Drew G. Faust. Dane, the Harvard spokesperson, wrote that takes incidents of sexual misconduct and harassment involving faculty \u201cvery seriously.\u201d She noted that when misconduct complaints fall outside the University\u2019s jurisdiction may determine a need to refer the case to for investigation. In March 2018, Harvard notified the complainant that ODR\u2019s investigation had substantiated one verbal and one physical count of faculty misconduct of a sexual nature against Bestor, according to the affidavit. Dane confirmed disciplined Bestor in March 2018, but declined to specify the sanctions. According to the complainant\u2019s affidavit required, among other measures, that Bestor not contact her, that he step down as director of the Reischauer Institute of Japanese Studies, that Harvard investigate Bestor\u2019s conduct with other students, that Bestor write letters apologizing to witnesses in the investigation, and that Bestor not return to work until he completed the sanctions. Harvard, however, allowed Bestor to return to work before completing the sanctions, according to the affidavit. He started teaching two classes in January 2019, but had not yet sent all of the required apology letters. In February 2019, the complainant wrote to Senior Associate Dean of Faculty Affairs Kwok W. Yu to ask about the status of the apology letters. Yu replied 2/17/25, 3:17 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment | N\u2026 8/24 that, due to an \u201coversight\u201d on the University\u2019s part, Bestor had returned to work without sending the letters to the witnesses, and that they had subsequently been delivered, according to the affidavit. Another attendee of the dinner banquet, speaking on the condition of anonymity to discuss confidential processes, said they received an apology letter from Bestor in mid-February 2019, more than a month after Bestor had returned to teaching. Bestor confirmed in his statement that Harvard \u201csternly sanctioned\u201d him for aspects of his behavior that violated University policy, and noted that he has now completed all of the sanctions after being delayed by illness. \u201cIn this same time period, in June and July 2018 was diagnosed with stage 4 metastatic prostate cancer and began radiation and other treatments (which continue to this day),\u201d Bestor wrote. \u201cAs a result, the letters of apology to others in attendance at the dinner were delayed in being sent am in compliance with all of the requirements that Harvard imposed have accepted all the sanctions placed against me, and consider this matter closed,\u201d he added. Over the years, Harvard and the Anthropology department\u2019s response to repeated allegations against Bestor caused concern among those familiar with the case. Students said they were reluctant to raise their concerns formally, fearing that doing so could hurt their career prospects. More than four years passed between the 2013 allegation and the investigation, during which Bestor continued to advise graduate students. Other Anthropology faculty who were the subjects of complaints, however, have not faced formal discipline When the 2013 allegation against Bestor surfaced, the task of handling it fell to the department\u2019s then-chair, Urton. At the time, Urton was engaged in an affair with one of his former students that began when she asked Urton to write her a recommendation letter, according to another sealed affidavit filed in the Theidon case. 2/17/25, 3:17 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment | N\u2026 9/24 Later, in 2016, the woman told an sexual harassment officer that Urton had pressured her into \u201cunwelcome sex\u201d in exchange for helping her advance her career. Urton first made sexual advances toward the woman in October 2011, when she was a student in one of his Extension School classes, according to her affidavit. She said she rejected those advances. Several weeks later, the student submitted her final paper \u2014 a study of Inca gender relations \u2014 but had yet to receive a grade. Around Dec. 22, 2011, she said she went to Urton\u2019s office at his invitation, hoping to ask him whether he would advise her thesis. During the meeting, the student told Urton she hoped to work as a teacher and attend the Harvard Divinity School. Urton complimented her paper and said she showed \u201ca great deal of promise\u201d in anthropology, according to her affidavit, which she provided to The Crimson. Saying he could help her achieve her goals, Urton suggested a private meeting to discuss her career further, the student wrote in her affidavit. He then moved around his desk and placed his hand on her knee. \u201cBy the position of his hand knew he meant a sexual exchange,\u201d the student wrote in the affidavit. \u201cIn a routine tone of voice without any apparent concern, he suggested that meet him at a hotel and room which he would designate. He told me he would bring wine.\u201d The student wrote in the affidavit that she understood Urton\u2019s actions as an advance requesting a sexual encounter in exchange for a \u201cglowing\u201d letter of reference. She also wrote that Urton was \u201ca tenured professor with a life appointment to the chair of the Department of Anthropology in the most prestigious University in the field, and in one of the fields in which was hoping to apply for a PhD felt could not say no without jeopardizing my grade or my recommendation,\u201d the student wrote. After she agreed, Urton suggested they meet at the Sheraton Commander hotel in Harvard Square, according to emails attached as exhibits to the affidavit. The student wrote that when they met at the hotel a week later, she had yet to receive a grade. She alleged in the affidavit that Urton provided alcohol and 2/17/25, 3:17 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment | N\u2026 10/24 made sexual advances toward her while she was intoxicated, which she submitted to. She also alleged he asked her to perform sexual acts that were unwelcome to her. Several days after the encounter, Urton emailed her a pornographic video and instructions on oral sex, according to the affidavit. He gave her an in the class and wrote her a recommendation letter for graduate school. The student and Urton then engaged in a consensual affair for several years. Still, she wrote in the affidavit that the effects of Urton\u2019s unwelcome advances lingered have suffered greatly from having participated in unwelcome sex and became severely depressed,\u201d she wrote. Over the course of their affair, Urton sent intimate messages to the student using his Harvard email account and contacted her from his office phone, according to the affidavit and exhibits filed alongside it. He also sent the student explicit comments about her and another female scholar, calling the other scholar his \u201cplayboy bunny,\u201d a \u201cwhore,\u201d a \u201cbitch,\u201d and a \u201cfuck,\u201d according to the affidavit. In his statement to The Crimson, Urton wrote that federal and state law, as well as University policies, prevent him from disclosing confidential information about a current or former student. He added, however, that the allegations provided to him by The Crimson are \u201ceither untrue, inaccurate, or misleading.\u201d \u201cEven if were able to identify the students or events to which you refer in your email, under state and federal law, and Harvard University policies, the only comment would be permitted would be a blanket denial,\u201d he wrote. \u201cNo matter what the circumstance could not disclose personal information about a student or former student.\u201d He wrote that he has \u201cadhered scrupulously\u201d to the FAS\u2019s policies on sexual harassment throughout his entire career, \u201cdespite unfounded rumors which may appear from time to time.\u201d Current sexual harassment policies explicitly prohibit faculty from engaging in sexual relations with students under their supervision; the policies in place in 2011 only noted that faculty members who did so were \u201cliable for formal action against them.\u201d 2/17/25, 3:17 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment | N\u2026 11/24 \u201cIn the academic context, the fundamental element of sexual harassment is ordinarily the inappropriate personal attention by an instructor or other officer who is in a position to exercise professional power over another individual,\u201d the 2011 policies read. \u201cThis could involve an instructor who determines a student\u2019s grade or who can otherwise affect the student\u2019s academic performance or professional future.\u201d Urton also wrote in his letter that any student who alleges a violation of these policies can request a thorough investigation through ODR. \u201cIn my 18 years as a member of the Harvard faculty, no student or former student has ever filed a complaint against me with the Office of Dispute Resolution, my Department or the Dean,\u201d he wrote. \u201cThe same can be said for the 22 years prior to my appointment at Harvard. This would not be the case if there were any substance to the allegations contained in your email.\u201d For several years after leaving Harvard, the student wrote in her affidavit, she hesitated to report her allegations against Urton. After finding what she called a \u201csupportive climate\u201d away from Harvard, she decided to come forward to University officials in 2016 \u201cto prevent [Urton] hurting other people if they should come forward.\u201d In March 2016, the former student emailed Faust, asking to \u201cdiscuss a situation involving Dr. Gary Urton,\u201d according to the exhibits. She also emailed an sexual harassment officer, and later told the officer by phone about Urton\u2019s inappropriate behavior, the sexual exchange, and the subsequent affair. The sexual harassment officer, Johannah K. Park, followed up about whether the former student wanted to pursue the \u201cformal complaint option,\u201d according to emails the student provided to The Crimson. Faust\u2019s chief of staff, Lars P. K. Madsen, later responded to the student\u2019s email and wrote that he would be willing to speak with the student on Faust\u2019s behalf. When the student told Madsen of her conversation with the sexual harassment officer, he replied that the officer would be the \u201cright person to speak to.\u201d The student wrote that she decided to submit the affidavit in 2016 because she felt it was \u201cimportant that the University know that this sort of solicitation is occurring on the campus.\u201d 2/17/25, 3:17 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment | N\u2026 12/24 In response to questions from The Crimson, the student wrote that she has \u201cno ill feelings for Dr. Urton,\u201d but that she believed that she would have completed further education at Harvard if not for him. The woman\u2019s affidavit \u2014 like the two containing allegations against Bestor \u2014 was filed on behalf of the plaintiffs in Theidon\u2019s gender discrimination lawsuit. In the 2015 suit, Theidon accused Urton of intentionally sabotaging her prospects for tenure when he learned of her advocacy on behalf of students who said they had experienced sexual harassment. The question of whether Theidon was unfairly denied tenure due to the Urton\u2019s and others\u2019 actions sparked a five- year legal battle in federal court, ultimately decided against Theidon. The courts rejected her argument that Urton turned against her when he learned of public comments she made and her meetings with students who had allegedly been harassed by Bestor. Sorokin dismissed Theidon\u2019s case in February 2018, ruling against her on summary judgement. After Theidon appealed the ruling, a three-judge panel of the First Circuit Court of Appeals upheld Sorokin\u2019s decision on Jan. 22, 2020 When she first filed suit, Theidon made two primary arguments: that her advocacy biased faculty like Urton against her, and that the Anthropology department as a whole fostered a hostile environment for women. While the courts found neither persuasive, Theidon\u2019s case shed new light on women\u2019s standing in the Anthropology department. Theidon first met with Senior Vice Provost Judith D. Singer about gender disparities in the department in August 2010. She told Singer that women were given the \u201clion\u2019s share of the undergrad teaching load.\u201d Theidon also said in the suit that the department\u2019s lone tenured female professor at the time, Mary M. Steedly, advised Theidon to act like a \u201cdutiful daughter\u201d in the department, playing down her intelligence and not complaining about the extra workload. That November, Singer prompted a visiting committee from Harvard\u2019s Board of Overseers to look into diversity in the Anthropology department, according to the First Circuit. In its March 2011 report, the visiting committee found \u201cthe 2/17/25, 3:17 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment | N\u2026 13/24 Anthropology Department lacked diversity at the tenured level in terms of gender and ethnicity and, as a result, Harvard needed to pursue stronger efforts to recruit and retain diverse tenured faculty,\u201d according to the First Circuit opinion. Though four of the five junior faculty in the department this fall will be women, only four of its 22 senior faculty will be, according to Subramanian and Flad. There are no tenured female faculty in the department's archaeology wing. In interviews with The Crimson, 10 female graduate students and former faculty members said the lack of female faculty made it difficult to see paths forward in the field for themselves. Archaeologist Sadie L. Weber, who completed a Ph.D. in the department in 2019, said her undergraduate university, Stanford, had many female faculty in its anthropology department. As she approached her Harvard graduation, however, the lack of female representation among Harvard\u2019s tenured faculty became \u201cvery discouraging\u201d to her while she considered her career prospects. \u201cThe academic job market isn\u2019t great in archaeology,\u201d she said. \u201cSo just seeing that one of the supposedly top institutions in the world didn\u2019t have any [women was like, \u2018What does this mean for me?\u2019\u201d Weber said the absence of tenured women in archaeology also meant she lacked mentors to turn to with questions about how to stay safe while doing fieldwork. \u201cHarassment is rampant,\u201d Weber said don\u2019t think that male faculty members can\u2019t understand it for lack of trying or lack of empathy, but it\u2019s just something that maybe hasn\u2019t been on their radar.\u201d Elizabeth S. Chilton, an Anthropology professor in Harvard\u2019s department from 1996 to 2001, said that while she felt supported by male faculty, the gender demographics of the department grated on her. \u201cIt meant we didn\u2019t have anyone that we could imagine ourselves being in their shoes,\u201d Chilton said. \u201cNow I\u2019m a dean and saw that for myself when had a woman dean take me under her wing and really say to me, \u2018You could do this, if this is what you want to do.\u2019\u201d Chilton \u2014 who will become provost of Washington State University in August \u2014 said she believed it was important to be a role model for female undergraduates and graduate students while she was in Harvard\u2019s department. 2/17/25, 3:17 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment | N\u2026 14/24 \u201cIt is harder if you don\u2019t see people who look like you,\u201d she said. \u201cWhether that\u2019s faculty of color or women, not seeing people in those positions just gives you that extra hurdle that you have to try to climb over.\u201d Carole A. S. Mandryk, who taught in the department from 1993 to 2005, said female students would sometimes come to her office to discuss issues they encountered with other faculty. \u201cThey didn\u2019t necessarily want help, because it was not like could help them. They wanted to vent and have understanding,\u201d Mandryk said. In particular, forging a strong connection with a dissertation advisor is a necessary condition for success in the department and after graduation, 10 current and former students said. Students rely on their advisors for formal matters \u2014 letters of recommendation and sign-offs on classes, teaching load, and dissertation milestones \u2014 as well as more informal support. \u201cEverything that you have to do with respect to the University, with respect to your department, and oftentimes even your professional contacts beyond Harvard goes through or is at least signed off on by your advisor,\u201d said Max D. Price, an archaeology student who earned his Ph.D. from the department in 2016. \u201cThere\u2019s an incredible dependency that develops.\u201d It is highly unlikely that a student with a problematic relationship with their advisor could succeed as a career anthropologist, Price added. \u201cIf you have a bad relationship with your advisor, your academic career usually ends,\u201d he said. Beyond structural requirements like recommendation letters, informal social networks between faculty \u2014 which impact which journal a student might get published in or what university they might earn an interview from \u2014 deepen the dependency, said Jason B. Silverstein, a 2016 Anthropology Ph.D. recipient and a current lecturer at Harvard Medical School. \u201cWhere these vast power dynamics are especially insidious is with those really informal channels, like who is willing to make a phone call for you or not,\u201d Silverstein said. At Harvard, such informal networks have been largely inaccessible to women, several students and former faculty said. 2/17/25, 3:17 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment | N\u2026 15/24 Mandryk, for instance, said she felt discouraged from going up for tenure because she wasn\u2019t able to access the \u201cacademic old boys\u2019 network.\u201d She said male faculty and male students met informally to discuss grant, research, and co-authorship opportunities, meetings from which she felt excluded. In addition to Mandryk, more than a dozen people currently or formerly affiliated with the department used the term \u201cold boys\u2019 club\u201d to describe its dynamics. Several of them said male professors\u2019 relationships with male students seemed more comfortable and casual than those with female students, citing examples like the informal meetings. One current student who spoke on the condition of anonymity said she once observed a male student take his shoes off during a meeting with a male professor, and that the professor responded by taking off his own shoes. She said she felt a female student would not be treated the same way. Multiple students said such casual, \u201cbro-y\u201d relationships translated to more opportunities for male students to speak in class and participate in potential networking opportunities. Male students would go out for drinks or meals with professors; female students often only learned of them later. And because informal networking tends to dictate career advancement in anthropology, the male students became better positioned to succeed. The 2019 gender report identified a need for the department to provide more opportunity for female students to participate during formal networking events and to \u201cequally distribute\u201d opportunities to attend meals or smaller group meetings. Silverstein said reliance on social capital for career advancement created the conditions for exploitation in the advisor-student relationship, especially because of the precariousness of the academic job market. \u201cIn today\u2019s job market, where even the smartest doctoral students are basically guaranteed to struggle on the job market or not get a job at all, the power dynamic between a Ph.D. advisor who might hold the keys to one of those positions \u2014 or appear to hold the keys to one of those positions \u2014 and a 2/17/25, 3:17 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment | N\u2026 16/24 doctoral student who makes $30,000 a year and doesn\u2019t have dental insurance has never been more extreme,\u201d he said ROAD\u2019 When Mandryk arrived at Harvard for her job interview in 1993 \u2014 even before her first day as a member of the Anthropology faculty \u2014 a male professor made disparaging comments about her nursing her one-year-old child, she said. Mandryk, who taught as a junior faculty member and as a lecturer, said that while most male professors she encountered during her time in the department were less direct, she came to understand that if a female professor wanted to get tenure, she would have to demonstrate that work \u2014 not family \u2014 was her highest priority. \u201cIt was definitely pointed out to me that it was assumed that wasn\u2019t really or couldn\u2019t be a serious researcher if took being a mother seriously,\u201d Mandryk said. Three female students who spoke on the condition of anonymity and attended Harvard over the past decade also said male faculty actively discouraged them from having children. One student who studied in the department during the 2010s called the decision to have a child a \u201clonely road,\u201d adding that she felt no one from the department advocated on her behalf when she chose to have children. Graduate students commonly exceed the expected number of years Harvard anticipates they will spend on their dissertations; when she did so for family reasons, she said she felt stigmatized. Another graduate from the 2010s said male professors made her feel she had to choose between her career and motherhood. She said a professor told her when she was a prospective student that he had \u201cnever seen a student produce a child and dissertation in the same year.\u201d Another male professor criticized her when she decided to change her research location to accommodate her family. The student said those criticisms seemed to stem from an \u201cold-school notion of anthropology\u201d which several powerful male faculty in the department hold. 2/17/25, 3:17 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment | N\u2026 17/24 \u201cThere\u2019s this whole idea of the lone anthropologist going out into the field and sacrificing all these things to go after whatever the grand research question is,\u201d she said. \u201cThat model of a successful anthropologist that was shown to me was very much a model based upon someone who generally would live like a white male person of privilege.\u201d Several students said the department\u2019s hiring practices resulted in an \u201cold guard\u201d of professors becoming deeply established. Chilton, Mandryk, and Karen L. Kramer \u2014 another former Anthropology faculty member \u2014 all said they were told as junior faculty by senior faculty to assume Harvard would not grant them tenure. Chilton and Mandryk both said other professors told them to treat their junior faculty position as a postdoctoral appointment, rather than a chance at tenure. \u201cIt was definitely this understanding that it would be an exception if something like that were to happen,\u201d Mandryk said was told repeatedly, \u2018There\u2019s no way you would get tenure.\u2019\u201d Until formalized its current tenure track system in 2005, Harvard\u2019s rate of tenuring junior faculty across all departments remained extremely low. Chilton, Mandryk, and Kramer all said junior faculty today may have a stronger chance at earning tenure in Anthropology than they did. Still, decades of not tenuring junior faculty have left a mark on the department: a gap between the senior faculty who control its direction and culture and their younger colleagues. \u201cBasically you get this top layer of this senior faculty who stay there for decades and then you get this younger faculty that kind of comes and goes, comes and goes,\u201d Kramer said. \u201cCertain perspectives then become entrenched because you aren\u2019t bringing up your junior faculty and incorporating them into the department's perspective.\u201d Lockwood, the Southern Connecticut State professor, wrote to The Crimson that a department\u2019s hiring practices can also create a culture of impunity for misbehavior. \u201cHiring and retention practices within academia privilege the views of the senior members of a department or program,\u201d Lockwood wrote. \u201cAs a result, departments who have a known problem in their ranks tend to become nests of 2/17/25, 3:17 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment | N\u2026 18/24 problems -- both because they tend to attract other known problems, and because they are unable to hire or retain faculty who refuse to become ostriches or ignore the issues IMPORTANCE\u2019 \u201cThere is no question that our department urgently needs to diversify its faculty,\u201d Subramanian and Flad wrote in their emailed statement. \u201cWe are a department that has far too few senior women faculty, a situation that does not represent the current state of the field.\u201d The two chairs wrote they \u201care sure\u201d the small number of female tenured faculty affects the experiences of both male and female students, and that they intend to address the disparity with a slate of diverse hires. \u201cAs we hope is reflected in our five most recent hires -- all of whom are women and minority scholars -- diversifying the faculty is of paramount importance to us,\u201d Subramanian and Flad wrote. \u201cOur plan moving forward is to orient hiring priorities around areas of disciplinary innovation where there is strong female and minority representation.\u201d The department requested authorization for four hires last year and hosted 14 scholars for job talks, but the ultimately authorized only \u201cone targeted search for a senior woman who was part of the canvass,\u201d according to their statement. That search is now suspended due to the University-wide hiring freeze instituted in response to financial challenges presented by the coronavirus pandemic also suspended an open search for faculty who specialize in ethnic studies, which Subramanian and Flad hoped would end in the hiring of at least one of the two senior anthropologists on FAS\u2019s short list. Both candidates are people of color, and one is a woman. Subramanian and Flad also wrote that much has changed in recent years regarding how the department treats internal tenure candidates. Since 2000, the department has tenured nine junior faculty \u2014 three men in archaeology, and four men and two women in social anthropology. They added that recent senior faculty hires have also reflected institutional diversity, with none of the five lateral hires in the last decade coming from other Ivy League institutions. 2/17/25, 3:17 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment | N\u2026 19/24 \u201cBy university policy, senior hires are voted on only by senior faculty in the department,\u201d they wrote. \u201cThat said, in our procedures for external senior hires, we have worked hard in recent decades to include the voices of untenured faculty and students in the hiring processes.\u201d The chairs wrote that their support for the creation of the 2019 departmental report marked just one example of their dedication to incorporating student feedback. The report, compiled by a department College Fellow and several graduate students over the 2018-19 academic year, relied in part on data provided by the department itself. For example, the department provided data showing that 13 of the 15 graduate students who have withdrawn from the archaeology program since 1990 have been female, Subramanian and Flad wrote. The student committee also found that female archaeology students have consistently taken more time to complete their degrees than their male counterparts over the last 30 years, and that the gap has grown over time. Of the 28 graduates admitted since 2010, female students have taken 1.5 years longer on average to complete their Ph.Ds. Men likely made up the majority of recent withdrawals in the department\u2019s social anthropology wing, according to Subramanian and Flad. That data is currently being compiled and was not included in the 2019 report. Faculty members also wrote point-by-point replies to the student committee\u2019s recommendations before distributing the report to faculty. Given the gender disparities in degree completion time and withdrawal rates, the student committee recommended that faculty establish regular office hours for their advisees and provide explicit policies for obtaining letters of recommendation. In response, the department suggested to all professors that they hold regular office hours and create a template for their students to request recommendation letters. The report also found that male archaeology students since 1997 have published an average of 1.97 peer-reviewed articles by graduation, compared to an average of 1.53 for female students. The faculty wrote in response that all graduate students in archaeology will likely soon be required to submit a working paper earlier in the program, and 2/17/25, 3:17 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment | N\u2026 20/24 faculty will work to support that paper\u2019s publication. They have also begun to expand the department\u2019s professional development training. In response to the student committee\u2019s findings that women are disproportionately selected as head teaching fellows \u2014 a position the committee estimated can come with double the workload of a standard teaching fellow post \u2014 the faculty wrote that they will work to evenly distribute those roles. The department also now requires course heads to outline specific duties for each teaching fellow at the beginning of the semester, according to Subramanian and Flad. They wrote in their statement that, to their knowledge, there is \u201cno current pattern\u201d of female students being excluded from opportunities to go out for drinks or meals with faculty. \u201cAs for seminar discussions, while some may continue to be dominated by male students, this is a reflection of behavioral norms in the wider society that many of our faculty work hard to challenge in the classroom, although we do not always succeed,\u201d they wrote. Subramanian and Flad acknowledged that the department\u2019s prior approach to advising \u2014 students being admitted to work primarily with a single professor \u2014 \u201cmay well have reinforced a sense of dependency.\u201d \u201cWe now make a point of only admitting students whose interests overlap with at least three faculty members, a change which is intended to mitigate over- reliance on a single individual,\u201d they wrote. \u201cWe have also instituted a graduate advising team, which is independent of the student\u2019s chosen committee and is empowered to address and mediate concerns the student might have with an advising relationship.\u201d The department also works to inform students that they can seek new advisors and dissertation committee members at any time, including scholars outside Harvard, they added. Subramanian and Flad wrote that they will continue to attend to issues regarding female students raised by both the gender report and The Crimson, including by implementing a department climate survey that was planned this semester before the pandemic. 2/17/25, 3:17 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment | N\u2026 21/24 \u201cWe hope that by raising these issues, you will aid our efforts to get the necessary support from the University administration to continue to enact meaningful change, particularly in relation to the composition of the faculty,\u201d they wrote. \u201cWhile recent trends clearly indicate the direction in which we are moving, we are ourselves sometimes frustrated by the pace, and strongly wish we could make changes more quickly Several students complimented the Anthropology department\u2019s recent efforts to diversify, but some said they did not believe the department\u2019s culture could change while an older generation of primarily male senior faculty remained. Bestor, Urton, and Comaroff \u2014 the three faculty members accused of sexual misconduct \u2014 are all both tenured professors in one of the world\u2019s most renowned anthropology departments and major figures in the field at large. According to the women who filed affidavits and others, Bestor and Urton\u2019s power in the anthropology field allowed them to sexually harass women over the past decade, sometimes without drawing attention to their conduct. And while the allegations against Bestor and Urton are now several years old, those leveled against Comaroff remain an ongoing concern for the students involved. Three current students told The Crimson this month that they are in active communication with Harvard\u2019s Title office regarding concerns about Comaroff\u2019s behavior. According to interviews with those students and other current and former students in the department, multiple people have told the Title office about unwanted touching, verbal sexual harassment, and professional retaliation by Comaroff, all of which he denied in his statement to The Crimson. Last November, Flad implemented several measures that drastically reduced Comaroff\u2019s contact with Anthropology students as a result of concerns raised about his behavior, including asking him not to use his office in the Tozzer Anthropology Building and removing him from a class he was scheduled to teach, according to documents obtained by The Crimson and people with direct knowledge of the situation. Comaroff continued to teach in the Department of 2/17/25, 3:17 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment | N\u2026 22/24 2020 The Harvard Crimson The University Daily, Est. 1873 News Opinion Arts Blog Magazine Videos Sports General Diversity & Inclusion Privacy Policy Rights & Permissions Sitemap Advertising Newsletters Journalism Programs Corrections African and African American Studies, where he also holds an appointment. He told The Crimson he had not been \u201cbanished\u201d from Anthropology. In an emailed response to the allegations against Comaroff, Dane wrote that while Harvard does not comment on individual circumstances, the University encourages affiliates to bring instances of sexual misconduct to its attention. \u201cThe Faculty of Arts and Sciences\u2019 (FAS) Sexual and Gender-Based Harassment Policy and Procedures maintains that any member of our community, former or current, may file a formal complaint, request an informal resolution, and/or seek supportive measures to help the individual continue their education, research, and participation in all aspects of the University,\u201d she wrote. \u201cWe encourage any member of our community who has experienced inappropriate behavior to come forward.\u201d \u2014Associate Managing Editor Molly C. McCafferty contributed reporting. \u2014Staff writer James S. Bikales can be reached at [email protected]. Follow him on Twitter at @jamepdx. 2/17/25, 3:17 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment | N\u2026 23/24 Copyright \u00a9 2025 The Harvard Crimson, Inc. 2/17/25, 3:17 Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment | N\u2026 24/24", "8594_102.pdf": "Monday, Feb. 17, 2025 \uf39e \uf16d \ue61b News Culture Sports Opinion Crossword Advertising About Us Donate \uf002 \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f News Sexual Violence in Higher Education: Three Graduate Students Sue Harvard University Kylie Horan, Staff Writer February 16, 2022 *Trigger warning: This article contains discussions about sexual violence.* Three graduate students are suing Harvard University for neglecting to protect its students in the face of sexual violence. Amulya Mandava, Lilia Kilburn and Margaret Czerwienski, all students of anthropology, accused the institution of continually downplaying or ignoring complaints about sexual misconduct by John Comaroff, Hugh K. Foster Professor of African and African American Studies and Anthropology. This is not the first time that Comaroff has been accused of predatory behavior. Harvard hired him well after he had developed a reputation at the University of Chicago as a \u201cgroomer.\u201d Shortly after his arrival at Harvard, complaints against him came rolling in. Some of the allegations against Comaroff include making \u201congoing sexual advances\u201d towards an anonymous second-year graduate student advisee, including forced kissing, groping and repeated invasive texts inquiring who she had gone to bed with. This unnamed student reported Comaroff to the university\u2019s Title office, and Czerwienski and Mandava reported him to faculty members, including the chair of the department. Yet, Harvard did not investigate Comaroff. The women\u2019s move to warn other students put a target on their backs, with Czerwienski and Mandava stating that Comaroff intimidated Mandava by warning that they Tweets by TheVillanovan \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f would both have \u201ctrouble getting jobs\u201d if they continued to share information on his behavior. This exhibition of his power over female students was further confirmed by Kilburn, who endured \u201cforced kissing, groping, persistent invitations to socialize alone off-campus and coercive control\u201d at the hands of Comaroff, since before she was even rolled at Harvard. Comaroff also graphically described the various ways she and her partner would be raped if they traveled to South Africa, which is quite far from her area of interest, central Africa. The reports of non-consensual kissing, groping, intimidation tactics and sexually-threatening comments such as these do not stop there. The lawsuit states that several unnamed female students have come forward with their own stories. After years of dismissing allegations, Harvard finally investigated Comaroff in 2020, only after published news reports about sexual harassment allegations within his department forced its hand. Comaroff is not the first professor to be accused in Harvard\u2019s Anthropology Department. There have been several allegations of sexual harassment in recent years, one resulting in the removal of longtime professor Gary Urton, who is now banned from campus and stripped of his emeritus status. Comaroff, though, received no such treatment. After a messy, \u201cnightmarish\u201d investigation, with Harvard allegedly obtaining Kilburn\u2019s private therapy records and disclosing them to Comaroff, the plaintiffs say that \u201cHarvard denied that Prof. Comaroff engaged in repeated sexual harassment or retaliation and allowed him to continue teaching after a slap on the wrist semester-long suspension, a ban from teaching required courses and the option for his advisees to switch to another faculty member was all that Harvard offered in the face of allegations of years of sexual misconduct. In fact, Harvard is accused of muddying the information on the accusations, with the unequal distribution of the facts of the case leading to some 38 Harvard professors signing a public letter of concern about how the university has treated Comaroff, singing his praises \u2014 signatures that some professors now wish to remove in light of the \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f that some professors now wish to remove in light of the full story. His lawyers herald him as \u201ca deeply caring person,\u201d and possibly more important to the case, \u201ca leading scholar in his field.\u201d Is prominent scholarship enough to excuse years of systemic abuse? Harvard\u2019s consistent failure to follow up with Title allegations raises larger concerns about the power dynamic between esteemed academics and their pupils, and who deserves to be protected am horrified to hear about this case,\u201d one anonymous, female Villanovan student said. \u201cIt is definitely scary to be a woman in these kinds of situations, where you never know if you really are here on your own merit or if it\u2019s just somebody\u2019s ulterior motives hope those women get the justice they deserve.\u201d The plaintiffs are seeking trial by jury, and this case is far from over. If one found this article triggering or are seeking support for sexual trauma, the University provides several resources such as a 24/7 Coordinator on call at 484-343-6028, the University Counseling Center, the Title office and Public Safety. Donate to The Villanovan $3140 $2500 Contributed Our Goal Donate Leave a Comment Your donation will support the student journalists of The Villanovan with technological needs, training, etc! \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f \u00a9 2025 Pro WordPress Theme by \u2022 Log in Divisions: News Culture Sports Opinion Crossword Villanovan: About Us Contact Us Privacy Policy Villanova University, 800 201 Villanova \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f", "8594_103.pdf": "Anthropology Prof. Gary Urton Abused Power During Sexual Advance Toward Student in 2012, University Investigation Finds By James S. Bikales, Crimson Staff Writer August 28, 2020 Harvard Quietly Resolves Anti- Palestinian Discrimination Complaint With Ed. Department Following Dining Hall Crowd Harvard College Won\u2019t Say It Tracked Wintersession Mo The Tozzer Anthropology Building and Peabody Museum house offices for Harvard's Anthropology department. By Ryan N. Gajarawala Sections 2/17/25, 3:18 Anthropology Prof. Gary Urton Abused Power During Sexual Advance Toward Student in 2012, University Investigation Finds | New\u2026 1/7 Harvard\u2019s Office for Dispute Resolution determined that Anthropology professor Gary Urton made a sexual advance toward a student and abused his position as a teacher when he solicited then-graduate student Jade d'Alpoim Guedes to join him in a hotel room in 2012. While found that Urton violated Faculty of Arts and Sciences rules on interpersonal relations and unprofessional conduct, it did not investigate whether his conduct constituted sexual harassment because policies in place in 2012 did not explicitly prohibit faculty from engaging in sexual relations with students under their supervision. Only in 2016 did begin to explicitly prohibit such conduct; the 2012 policies only noted that faculty members who did so were \u201cliable for formal action against them.\u201d Using a preponderance of the evidence standard found that Urton subjected Guedes to a \u201csexual advance and/or liaison when he exercised power over her as a student,\u201d which violated the rules on interpersonal relations with students, according to a portion of the draft final report provided to Guedes that she posted on Twitter Wednesday also determined that Urton had \u201cabused or seemed to abuse the power with which he was entrusted as a teacher or officer of the University at a time when he had a professional responsibility\u201d for Guedes, which violated the unprofessional conduct provisions of the sexual harassment policy in place at the time. Guedes and another former student, Carrie J. Brezine, accused Urton of sexual harassment in June after an investigation by The Crimson found that a different former student had accused Urton of pressuring her into \u201cunwelcome sex\u201d before writing her a recommendation letter in 2011. In June, Dean of the Faculty of Arts and Sciences Claudine Gay placed Urton on paid administrative leave following The Crimson\u2019s investigation. Urton announced plans last month to retire at the end of August, though it remains unclear whether he has followed through with those plans. He did not respond to a request for comment on the findings Wednesday. Sections 2/17/25, 3:18 Anthropology Prof. Gary Urton Abused Power During Sexual Advance Toward Student in 2012, University Investigation Finds | New\u2026 2/7 Gay or a designee will ultimately review ODR\u2019s findings and determine sanctions. If Urton retires, Gay retains the ability to strip him of his emeritus distinction, as step she took after former Government professor Jorge I. Dominguez retired while facing multiple allegations of sexual harassment spokesperson Rachael Dane declined to comment. In her Title complaint against Urton, Guedes wrote that she had agreed to go to lunch with Urton in July 2012, believing that he wanted to discuss her research. The following morning, Urton emailed her from his account asking if she wanted to \u201cplan a time to have a tete-a-tete, daytime or nighttime, rather than leaving it to chance?\u201d Later that day, she received an email from Urton\u2019s personal email account asking if she \u201cwould be interested in something more intimate mean, lunch is still on offer, and would be quite pleasant, but, well, what if got a hotel room and then we got a bottle of wine and spent an afternoon in conversation and exploration?\u201d Urton wrote in the email. Urton quickly followed up with an email asking Guedes to disregard his second message, calling the offer a \u201cbad and inappropriate idea.\u201d Guedes wrote in the complaint she was upset and shocked by Urton\u2019s solicitation, but decided not to report it because she feared professional retaliation from Urton, who chaired the Anthropology department at the time. Guedes said Wednesday that she was heartened that had substantiated her allegations against Urton, but she felt the investigation revealed pitfalls of Harvard\u2019s Title policies and procedures, particularly those that were in place prior to 2016. \u201cEven an egregious example like this of what is clear sexual harassment, they wouldn\u2019t call it sexual harassment,\u201d she said of the former policies. \u201cThey\u2019ll say it was a violation of professional conduct, so would wonder where they would draw the line \u2014 is rape not sexual harassment?\u201d \u201cThe way that they defined this in their policy really makes it extremely hard for any victim to seek justice,\u201d she added. Sections 2/17/25, 3:18 Anthropology Prof. Gary Urton Abused Power During Sexual Advance Toward Student in 2012, University Investigation Finds | New\u2026 3/7 Guedes said she hopes Harvard will consider taking action to retroactively change the policy, which it still uses to investigate allegations of conduct that occurred before 2016. \u201cIt was really backwards of Harvard to define the sexual harassment in the way it did up such a late date,\u201d she said. \u201cThat is something they should be ashamed and embarrassed of, and that they should actively be thinking about how to retroactively rectify that.\u201d \u201cThis is why institutions shouldn\u2019t be allowed to determine what constitutes sexual harassment and what doesn\u2019t,\u201d she added. Guedes said asked her to participate in an interview during the investigation, but she said she refused because other women told her it was a \u201chuge trauma\u201d for them. \u201cThroughout these interviews, [the investigators] are questioning everything that they said \u2014 there was no way could handle sitting through those interviews,\u201d she said consider them an intimidation tactic from to try to get people to drop their claims.\u201d Guedes also said investigations into Title complaints should be handled by third party investigators not affiliated with the University, a step Harvard Graduate Students Union-United Automobile Workers has pushed for several years in negotiations with the University. University spokesperson Jonathan L. Swain declined to comment. Reva Dhingra, a grievance officer with HGSU-UAW, wrote in an emailed statement that Guedes\u2019 case reflects \u201cjust how inadequate Harvard policies were in protecting student workers from harassment and the threat of retaliation.\u201d \u201cWith the Trump administration actively undermining Title IX, it is extremely important for student workers facing harassment to be able to obtain recourse through a neutral third party grievance procedure codified in the next union contract,\u201d Dhingra wrote. She added that it took years of activism to force the University to prohibit faculty sexual relations with students, and the union would continue to work to Sections 2/17/25, 3:18 Anthropology Prof. Gary Urton Abused Power During Sexual Advance Toward Student in 2012, University Investigation Finds | New\u2026 4/7 Want to keep up with breaking news? Subscribe to our email newsletter \u201cfight for better definitions such as affirmative consent provisions instead of the \u2018unwanted\u2019 conduct standard.\u201d \u201cSadly, this case is by no means unique at Harvard,\u201d Dhingra wrote. \u2014Staff writer James S. Bikales can be reached at [email protected]. Follow him on Twitter at @jamepdx Anthropology Prof. Urton Plans to Retire Amid Investigation into Sexual Harassment Allegations Anthropology Faculty Call for Urton\u2019s Resignation as More Former Students Accuse Him of Sexual Misconduct Anthropology Prof. Urton Placed on Administrative Leave After Sexual Harassment Allegations Anthropology Department Removes Urton as Undergrad Studies Director After Sexual Misconduct Allegation Protected by Decades-Old Power Structures, Three Renowned Harvard Anthropologists Face Allegations of Sexual Harassment 1. Harvard Researchers Discover Origin of Indo-European Language Family 2. I\u2019m a Former Dean. Here\u2019s What Trump\u2019s Cuts Will Actually Do. 3. Law Firm Withdraws From Representing Prof. Gino in Suit Against Harvard 4. Harvard Researchers Brace for Impact As Threatens To Limit Support For Indirect Costs 5. Reasons Why You Wore Your Harvard Sweatshirt to the Airport Sections 2/17/25, 3:18 Anthropology Prof. Gary Urton Abused Power During Sexual Advance Toward Student in 2012, University Investigation Finds | New\u2026 5/7 The Harvard Crimson's Guide To Your Summer Opportunities | 2025 Over 300+ courses at prestigious colleges and universities in the and are at your disposal Three Ways Collegiate Can Reduce Your Financial Stress With innovative financial tools combined with financial education, Collegiate empowers students to take control of their finances and build confidence in their money management skills Build Community at Harvard: Summer 2025 Proctor Opportunities Serve as a proctor for Harvard Summer School (HSS) students, either in the Secondary School Program (SSP), General Program (GP), or Pre-College Program Successful Law School Essays | 2024 With an increasingly competitive Law School admissions process, it's important to understand what makes an applicant stand out Huckberry Holiday Guide Welcome to your one-stop gifting destination for men and women\u2014it's like your neighborhood holiday shop, but way cooler Siddharth's Essay Admit Expert is a premium admissions consulting company, helping candidates secure admission to top B-schools across the globe with significant scholarships. Sections 2/17/25, 3:18 Anthropology Prof. Gary Urton Abused Power During Sexual Advance Toward Student in 2012, University Investigation Finds | New\u2026 6/7 The Harvard Crimson The University Daily, Est. 1873 News Opinion Arts Blog Magazine Videos Sports General Diversity & Inclusion Privacy Policy Rights & Permissions Sitemap Advertising Newsletters Journalism Programs Corrections Copyright \u00a9 2025 The Harvard Crimson, Inc. Sections 2/17/25, 3:18 Anthropology Prof. Gary Urton Abused Power During Sexual Advance Toward Student in 2012, University Investigation Finds | New\u2026 7/7", "8594_104.pdf": "| 6.11.2021 Gary Urton Stripped of Emeritus Status An investigation finds the former anthropology professor \u201cengaged in unwelcome sexual conduct and abused power,\u201d among other violations of institutional policies and values by Juliet Isselbacher 2/17/25, 3:18 Gary Urton Stripped of Emeritus Status | Harvard Magazine 1/4 10 to affiliates of the anthropology department, Dumbarton Oaks, and the Peabody Museum, Faculty of Arts and Sciences dean Claudine Gay announced that she has stripped former Dumbarton Oaks professor of pre-Colombian studies Gary Urton of his emeritus status after an investigation found he violated policies on \u201csexual harassment, sexual misconduct, and unprofessional conduct.\u201d After allegations of sexual harassment and misconduct against Urton appeared in The Harvard Crimson, social media posts, and internal reports to Gay\u2019s office last June, Gay almost immediately placed Urton on administrative leave, pending a full review of the situation. In August, Urton retired. The review has been completed, and its findings have spurred to sever ties with the former professor. In her letter yesterday, Gay wrote that the University\u2019s Office for Dispute Resolution arrived at the conclusion that Urton \u201cengaged in unwelcome sexual conduct and abused power with individuals over whom he had professional responsibility.\u201d \u201cAdditionally,\u201d Gay wrote, \u201che engaged in persistent sexual harassment of a member of the community, interfering with that individual\u2019s ability to engage in educational programs and activities.\u201d Gay further censured Urton for providing \u201cmaterially misleading information\u201d to the investigatory body\u2014\u201cconduct that had the potential of subverting the integrity of the University\u2019s investigatory processes.\u201d With the revocation of his emeritus status, Urton is now barred from teaching and advising undergraduate or Graduate School of Arts and Sciences students; availing himself of amenities or resources; and accessing the campus or FAS-sponsored events. Gay noted that President Lawrence S. 2/17/25, 3:18 Gary Urton Stripped of Emeritus Status | Harvard Magazine 2/4 Bacow agreed to extend the last sanction, barring Urton from the entirety of the University\u2019s campus and all Harvard-sponsored events. \u201cDr. Urton exhibited a pattern of behavior that betrayed the trust of our community and violated our fundamental institutional values,\u201d Gay wrote. \u201cThe sanctions described above are proportionate to the severity of the behavior observed of reckoning for the University over sexual misconduct. This past February, Bacow conceded that Harvard \u201cfailed\u201d then-assistant government professor Terry Karl four decades ago when it disregarded charges of sexual harassment and misconduct she leveled against Jorge Dom\u00ednguez, the former Madero professor for the study of Mexico. Other investigations are apparently proceeding. Meanwhile, this past March (following the 2019 placement of Lee professor of economics and professor of education Roland G. Fryer on a two-year administrative leave), Gay announced sanctions against mathematics and biology professor Martin Nowak, whose Program for Evolutionary Dynamics accepted extensive funding from sex offender Jeffrey Epstein. Nowak also invited Epstein to visit the offices dozens of times\u2014even after Epstein was convicted of sex charges involving a minor in 2008. According to Bacow, Epstein\u2019s unspent donations will go to two organizations that work on behalf of human trafficking and sexual assault victims. Read more articles by Juliet Isselbacher 2/17/25, 3:18 Gary Urton Stripped of Emeritus Status | Harvard Magazine 3/4 2/17/25, 3:18 Gary Urton Stripped of Emeritus Status | Harvard Magazine 4/4", "8594_105.pdf": "\uf007Michael Balter \uf0176/10/2021 05:34:00 Home \uf054Harvard strips anthropologist and sexual harasser Gary Urton of emeritus status and bans him from campus The Harvard Crimson reports that Gary Urton has received his final judgement from Harvard for a heavy record of misconduct. Sometimes there are consequences. From a source, the full text of Dean of the Faculty of Arts and Sciences Claudine Gay's statement: Dear members of the Anthropology Department, Dumbarton Oaks, and Peabody Museum colleagues am writing to inform you of upcoming changes within the Department of Anthropology that will occur as a result of disciplinary actions being taken regarding Dr. Gary Urton. As these changes directly impact the members of the Department, Dumbarton Oaks, and the Peabody Museum describe them here, as well as the findings that motivated them. The Office for Dispute Resolution (ODR) recently completed a thorough and careful review of formal allegations made against Dr. Urton and concluded that he engaged in unwelcome sexual conduct and abused power with individuals over whom he had professional responsibility. Additionally, he engaged in persistent sexual harassment of a member of the community, interfering with that individual\u2019s ability to engage in educational programs and activities. Moreover found that Dr. Urton provided materially misleading information in the course of its investigation, conduct that had the potential of Harvard strips anthropologist and sexual harasser Gary Urton of emeritus status and bans him from campus \uf099 \uf09a \uf0e1 Social Media The truth at last, or at le some of it, about Peter Rathjen, the of Adelaid the of Melbourne, the of Tasmania, etc. [Updat Sept 3, 2020: University Melbourne \"leader\" final speaks] Popular Posts StatCounter Search Search this site My book about Neolithic Catalhoyuk in Turkey and the origins of civilization, th paperback edition. For more informatio about it, please visit The Goddess and the Bull The Goddess and the Bull \"Lying is done with words and also with silence.\" --Adrienne Rich Quotes of the Moment 2/17/25, 3:18 Harvard strips anthropologist and sexual harasser Gary Urton of emeritus status and bans him from campus 1/5 subverting the integrity of the University\u2019s investigatory processes. The review documented behavior that was in violation of policies on sexual harassment, sexual misconduct, and unprofessional conduct. In short, Dr. Urton exhibited a pattern of behavior that betrayed the trust of our community and violated our fundamental institutional values. Given the gravity of these findings, the following sanctions have been levied against Dr. Urton: As of June 10, 2021, Dr. Urton has been stripped of his emeritus appointment. All rights and privileges customarily conferred by the on faculty who hold emeritus appointments, as listed in the Appointment and Promotion Handbook, have been revoked, including: a. He may not hold the title of emeritus Professor or Research Professor b. He may not teach any undergraduate students or students c. He may not advise any graduate students d. He will not have any Library privileges e. He will not have a Harvard email address or access to services through the f. He will not have any office space within the g. He will not be allowed to raise funds through the FAS, nor will he have any access to any research funding through the h. He will not have access to any administrative support i. He will not be allowed to attend Faculty Meetings as a guest or in any other capacity j. And he will not receive any mailings to the community. Dr. Urton is no longer welcome on any part of the campus or to attend any FAS-sponsored events held off campus. In addition, the President has agreed to place the same sanction on the entire Harvard campus and on all Harvard-sponsored events. The sanctions described above are proportionate to the severity of the behavior observed and seek to uphold and further our shared community standards and the safe, fair, and respectful environment necessary to promote academic excellence remind all members of our community that if you witness or experience sexual or gender-based harassment, there are many resources available, including the Title Coordinators, the University Office for Gender Equity, Harvard University Counseling and Mental Health Services, the Harvard Chaplains, and the Employee Assistance Program. Sincerely, Claudine Gay __________________ Edgerley Family Dean of the Faculty of Arts and Sciences \uf054 \uf054 \uf054 \uf054 \uf054 \uf054 \uf054 \uf054 \uf054 \uf054 \uf054 \uf054 \uf054 \uf054 \uf054 \uf054 \uf054 2024 2023 2022 2021 2020 2019 2018 2017 2016 2015 2014 2013 2012 2011 2010 2009 2008 Michael Balter View my complete profile About Me Enter your email address: Subscribe Delivered by FeedBurner Subscribe via email 2/17/25, 3:18 Harvard strips anthropologist and sexual harasser Gary Urton of emeritus status and bans him from campus 2/5 13 Comments Anonymous said\u2026 finding-persistent-sexual-harassment \u201cHarvard bans former anthropology chair after finding persistent sexual harassment By Ann Gibbons Jun. 10, 2021 , 6:05 PM\u201d \u201cJade Guedes of the University of California, San Diego, and the Scripps Institution of Oceanography was one of the women whose complaints triggered the investigation\u2026Guedes wrote in an email today that although she is glad to see Harvard \u201cfinally taking some action and sanctions against Urton,\u201d Harvard \u201cstill ignored some of the most egregious cases of harm and sexual harassment that were brought to their office because of lack of documentary evidence.\u201d She was able to document her case with emails, but \u201chow \u2026 often do harassers leave this type of evidence behind?\u201d This quote reminded me of a related comment by Guedes in another page of Balter\u2019s Blog, almost to the year. It\u2019s worth c&p this exchange here since this case is still waiting for its proper resolution. \u201cAnonymous said\u2026 There is another important angle not mentioned above to the IFR-Harvard connection: Dr. Jade d'Alpoim Guedes, who up to last year was on the board, shared on twitter that she was sexually harassed by Gary Urton when she was a graduate student at Harvard. It is not clear why d'Alpoim Guedes is no longer listed on the board, so wondering if she quit because of the similar allegations against Kurin and Boytner. It is time to dismantle this web of silence once and for all! June 2, 2020 at 2:06 Jade d'Alpoim Guedes said\u2026 Hi Anonymous, That is pretty much one of the reasons why quit the board was shocked that Attorneys for #MeToo reporter sued for defamation ask federal judge to protect him, survivors, and witnesses from attacks by plaintiff Danielle Kurin [Updated June 21] \"Words for the Wise\" has launched, with a number of posts already online. Posted by Michael Balter have been a working journalist for more than 40 years, beginning in Los Angeles as an investigative reporter and then in Paris as a travel, food, and science writer. For more than 20 years have covered anthropology and archaeology writer for Science, Audubon, Scientific American, SAPIENS, and other publications have also covered sexual misconduct for The Verge, Scientific American, and others write about mental health, especially schizophrenia; and engage in occasional media criticism returned to the in October 2017 after 30 years in Paris, and now live in the New York City area, where currently teach journalism at City College of New York previously taught journalism at Boston University and New York University.) For more about me and what do, copies of my articles, information about my book, and other goodies, please visit You may like these posts Sexual assaulter Peter Rathjen, the fired former Vice- Chancellor of the University of Adelaide, is back in Australian news. Sexual harassment in wildlife ecology: The case of Max Allen, University of Illinois Peruvian archaeologist and former culture minister Castillo, ejected from U.S. National Academy of Sciences for sexual harassment, sues Academy and its president for millions of dollars [Updated June 4, 2023: Judge grants defendants's motion for dismissal] Post a Comment 2/17/25, 3:18 Harvard strips anthropologist and sexual harasser Gary Urton of emeritus status and bans him from campus 3/5 this could have happened at a field school of ours and by Ran's attitude will say though that the rest of the board was as shocked as me when they heard and took this really seriously and took firm action and kicked Danielle and her field school out wish had been told about the title at but knowing everything know now about how this process works I'm not surprised was kept int he dark also quit because of what learned about how staff were treated. June 2, 2020 at 3:02 PM\u201d June 11, 2021 at 1:29 Anonymous said\u2026 Everyone should read \u201cWe keep the dead close\u201d by Becky Cooper. It exposes the decades of sexism in the Harvard Anthropology department. There is a chapter on Kimberly Theidon that describes how Gary Urton sabotaged her tenure case. Sadly, from what know about other cases, Urton has a long history of sabotaging women\u2019s careers. The worst part is that he is a snake about it. He pretends to be a generous and kind scholar to your face while working behind the scenes to undermine you. Both Lamberg-Karlovsky and Urton also have transparency and honesty issues with their research. They both hide inconvenient data (Urton ignored and didn\u2019t publish inconvenient C14 data on the colonial khipus), suppress others with differing ideas, or sabotage people\u2019s careers for often very petty insecurities. Urton even tried submitting false or misleading evidence to ODR. This just shows how much of a habit it is for these men to be dishonest. Lamberg-Karlovsky was called a \u201csnake\u201d by Ruth Tringham in the book. Highly recommend everyone to read the book to find out why. In many ways, both are like the Trumpian academic. They don\u2019t let the truth get in the way of a good story. In the end, it\u2019s a good story that will garner prestige and accolades. June 11, 2021 at 1:46 Anonymous said\u2026 \u201cLamberg-Karlovsky was called a \u201csnake\u201d by Ruth Tringham in the book.\u201d Then what is she doing now aiding another snake, Ran Boytner, who also sexually harassed a student in his Peru field school? June 11, 2021 at 2:53 Anonymous said\u2026 To anonymous June 11, 2021 at 2:53 wonder if Ruth Tringham is completely out of the loop and simply doesn\u2019t know hope that people who know her can fill her in. June 11, 2021 at 5:13 Michael Balter said\u2026 I've known Ruth Tringham for more than 20 years have written her twice now about this with no answer hope that's because she is informing herself about the situation. June 11, 2021 at 5:21 Anonymous said\u2026 Hurray to Gay! This is a major victory to survivors. Urton was such a chief figure in Andean archaeology and his research continues to reverberate strong even if many would no longer admit it publicly. At a minimum suspect that this ruling will give pause to all those professors who view students as their puppets and create a lasting impact on the toxic dynamics in the field. June 11, 2021 at 6:42 Anonymous said will say though that the rest of the board was as shocked as me when they heard and took this really seriously and took firm action and kicked Danielle and her field school out wish had been told about the title at want to trust Guedes when she says she didn\u2019t know about Kurin\u2019s title just can\u2019t imagine someone who went through such a traumatic experience with Urton to keep silent when seeing similar or worse things happening to others. But as far as \u201cthe rest of the board\u201d \u2026 well sorry, there\u2019s strong evidence to suggest that at least some of them did know, and they only reacted when it was too late and more victims fell into that trap. It\u2019s important to keep the record straight. June 11, 2021 at 10:30 Michael Balter said\u2026 I\u2019m limited in what can say by the lawsuit, but the question of who on the board knew what and when depends on when particular members were on the board and what meetings they attended have known the answer to that since August 2020, shortly after the lawsuit was filed, which is that most members who were on the board in October 2016 knew that Kurin had been subject to a Title \u2014despite constant denials. June 12, 2021 at 5:44 Anonymous said\u2026 Harvard anthro faculty Rowan Flad was among those who early on called for departmental sanctions against Urton, but only after Bikales broke the story and his own colleagues started to demand answers. Flad was also d'Alpoim Guedes\u2019s PhD advisor, but if he was aware of the harassment he kept silent at the time. Flad is also an active member of the board of directors, and still keeps his mouth shut on what transpired at Kurin\u2019s field school. Flad was also a graduate student at along with Ran Boytner, and still refuses to say anything about that perpetrator\u2019s Title ix case. Funny how otherwise well-educated colleagues still believe that if they close their eyes really really hard and count to ten (million), the monsters under the bed will simply go away. June 12, 2021 at 10:38 2/17/25, 3:18 Harvard strips anthropologist and sexual harasser Gary Urton of emeritus status and bans him from campus 4/5 Copyright \u00a9 2025 Balter's Blog Anonymous said\u2026 The detailed list to add to the humiliation is interesting. They even took away his library privileges. June 12, 2021 at 1:52 Anonymous said\u2026 Yes, there was something incredibly shallow about Rowan Flad's performance in all this and that is why we keep UCLA's involvement under close scrutiny at another site on this blog. It is updated by many of us monthly. Again want to thank Michael for maintaining all of this. commentPage=2 June 12, 2021 at 1:58 Anonymous said\u2026 Anonymous said\u2026June 11, 2021 at 5:13 wonder if Ruth Tringham is completely out of the loop and simply doesn\u2019t know.\u201d This is quite possible. As far as know she doesn\u2019t live in Los Angeles. If someone just put her name on an official Statement of Information without her knowledge, it\u2019s not just fraud but also identity theft. It\u2019s also weird that she\u2019s identified in the document as \u201cSecretary\u201d, when the title of the undersigned Semerari is also (misspelled) \u201cSecretery\u201d instead of CEO. There is something very suspicious about all this. 30527141 June 12, 2021 at 3:20 Anonymous said\u2026 Urton's behavior is not surprising. He received his Ph in anthropology at the University of Illinois. June 22, 2021 at 4:33 Post a Comment 2/17/25, 3:18 Harvard strips anthropologist and sexual harasser Gary Urton of emeritus status and bans him from campus 5/5"} |
7,226 | Sheldon H. Gurney | Ball State University | [
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] | {"7226_101.pdf": "OCT. 11, 1991 Ball State University instructor accused by a woman... MUNCIE, Ind Ball State University instructor accused by a woman student of making sexual advances was found dead in his car, an apparent suicide. The instructor, Sheldon H. Gurney, 46, apparently used a jar with cyanide and hydrochloric acid from his biology laboratory to turn his car into a gas chamber Thursday, investigators said. Emergency crew used protective equipment to guard themselves from the fumes when they took him from his car parked behind his house. An autopsy was planned Friday to determine the exact cause and approximate time of death, Delaware County Coroner Jack Stonebraker Jr. said. Gurney's death came just three days after one of the chief reporters for the student-written Ball State Daily News, Rebecca Ward of DeMotte, wrote a bylined article telling how an instructor had helpfully rubbed her back and then moved from helpfulness to sexual fondling. \uf09a \uf02f \uf003 2/17/25, 3:18 Ball State University instructor accused by a woman Archives 1/6 She did not name Gurney in the Monday article but did file a protective order for herself against him Oct. 2 in Delaware Superior Court. Ward was unavailable for comment after Gurney's death. She left town Thursday for her northern Indiana home, campus friends said. University police were continuing a criminal investigation of allegations that Gurney had committed sexual battery, Ball State University Capt. Robert Fey said. Ward did not allege she was raped. She wrote that her instructor had massaged her back and then moved his hands to her breasts. She said she froze, not knowing what to do. She had respected the man as a professor and did not want to anger him but found an excuse to flee the room. Her article generated letters to editor in the student newspaper about sexual harassment for several days afterward. 'As a consequence of the article that appeared in the student newspaper on Monday, at least four other students came forward and charged that they were victims of similar behavior,' Jeffrey Alford, executive director of communications and publications for the university, said Friday. Latest Headlines 2/17/25, 3:18 Ball State University instructor accused by a woman Archives 2/6 Odd News // 2 days ago Brazilian couple celebrate 84 years, 77 days of marriage Feb. 14 Brazilian couple whose wedding was in 1940 officially took the Guinness World Record for the longest marriage for a living couple. Odd News // 2 days ago Kayaker ends up in the mouth of humpback whale Feb. 14 24-year-old kayaker in Chile was briefly swallowed, and subsequently regurgitated, by a humpback whale in an unusual encounter his father caught on camera. Odd News // 3 days ago Deer rescued from frozen river at New York park Feb. 13 (UPI) -- An animal rescue group on New York's Long Island came to the rescue of a deer that wandered out onto a frozen river and fell through the ice. Odd News // 3 days ago Lottery ticket lost for months turns out to be $100,000 winner Feb. 13 (UPI) -- An Arkansas woman who misplaced her Powerball ticket for several months rediscovered the slip of paper just in time to discover it was worth $100,000. 2/17/25, 3:18 Ball State University instructor accused by a woman Archives 3/6 Odd News // 3 days ago 104-year-old woman celebrates birthday by going to jail Feb. 13 New York woman celebrated her 104th birthday by crossing an item off her bucket list: visiting the local jail. Odd News // 3 days ago Cat, sheep win 'Couple of the Year' award at Ukraine zoo Feb. 13 (UPI) -- The Odessa Zoo in Ukraine announced an unusual duo won its annual \"Couple of the Year\" contest: a cat and a sheep. Odd News // 3 days ago Mule rescued from thick mud in Washington Feb. 13 (UPI) -- Animal rescuers and veterinarians teamed up in Washington to rescue a mule trapped in a knee-deep mud hole. Odd News // 4 days ago 14-year-old 'human calculator' breaks 6 world records in one day Feb. 12 14-year-old \"human calculator\" from India put his mental math to the test and broke six Guinness World Records in a single day. 2/17/25, 3:18 Ball State University instructor accused by a woman Archives 4/6 Odd News // 4 days ago Michigan man tries wife's preferred lottery game, wins $500,000 Feb. 12 Michigan man took a cue from his wife and bought a scratch-off lottery ticket that earned him a $500,000 prize. Odd News // 4 days ago Miss. police seek escaped emu for 'felony fleeing and disorderly conduct' Feb. 12 (UPI) -- Police in Mississippi are asking residents to be on the lookout for an unusual suspect wanted for \"felony fleeing and disorderly conduct\" -- an emu scientists overseeing bird flu response are laid off Divided appeals court denies White House's attempt to fire watchdog At least 9 people dead as winter weather batters nation Trump attends Daytona 500 to open season 'Captain America' tops North American box office with $88.5M Trending Stories 2/17/25, 3:18 Ball State University instructor accused by a woman Archives 5/6 About Contact Corrections Advertisements Copyright \u00a9 2025 United Press International, Inc. All Rights Reserved. Terms of Use Privacy Policy Follow Us 2/17/25, 3:18 Ball State University instructor accused by a woman Archives 6/6"} |
7,557 | Robert Ammon Jr. | Slippery Rock University | [
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] | {"7557_101.pdf": "From Casetext: Smarter Legal Research Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll. Commonwealth Court of Pennsylvania. Jun 7, 2013 71 A.3d 353 (Pa. Cmmw. Ct. 2013) Copy Citation Download Check Treatment Meet CoCounsel, pioneering that\u2019s secure, reliable, and trained for the law. Try CoCounsel free 2013-06-7 EDUCATION, Petitioner v FACULTY, Respondent. Michael S. Ferguson, Harrisburg, for petitioner. James L. Cowden, Harrisburg, for respondent. Sign In Search all cases and statutes... Opinion Case details 2/17/25, 3:18 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 1/22 *355 Michael S. Ferguson, Harrisburg, for petitioner. James L. Cowden, Harrisburg, for respondent. BEFORE: LEADBETTER, Judge, McCULLOUGH, Judge, and COLINS, Senior Judge Judge McCULLOUGH. 355 Factual Background Slippery Rock University of Pennsylvania, Pennsylvania State System of Higher Education (University), petitions for review of the April 11, 2012 arbitration award which sustained a grievance filed by the Association of Pennsylvania State College and University Faculties (Union) on behalf of Robert Ammon, Jr. (Grievant). The arbitration award orders Grievant's reinstatement as a full professor and chair of the University's Sports Management Department with no loss of benefits and back pay as well as the purging from the University's files, including Grievant's personnel file, of any reference to Grievant's offensive and inappropriate conduct toward University students who were entrusted to his care and supervision while on a field trip to Spain. As the award is not rationally derived from the subject collective bargaining agreement and contravenes public policy, we vacate the arbitrator's award and reinstate Grievant's termination. The University is one of 14 schools operated by the Pennsylvania State System of Higher Education (PASSHE). On behalf of the University negotiated a collective bargaining agreement (CBA) with the Union. The governed all aspects of faculty discipline and termination, including the manner in which investigations of complaints about faculty members would be conducted. Grievant was a tenured professor at the University and director of its Sports Management program. In March 2010, Grievant took 19 undergraduate and graduate students on a spring break trip to Spain. Upon returning from the trip, Grievant met with each student individually to discuss his or her experiences and to solicit feedback on how to improve the trip in future years. 2/17/25, 3:18 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 2/22 During Grievant's interview with Student T, she informed Grievant that he had been \u201cunprofessional, a hypocrite, and disgusting\u201d one evening at a bar in Madrid when he asked each student how many sexual partners they have had. (Arbitrator's Award at 2.) She said he then told the students that he had had over 100 sex partners, five of them after he was married. Student told Grievant that the conversation made her uncomfortable and she did not answer, but other students did. Student also told Grievant that later that same evening, while sitting with a group of students, she asked Grievant who his favorite student was, and he responded by stating that Student \u201cwould be his favorite student if she s----d his d--k.\u201d ( Id.) While Grievant did not make the comment directly to Student X, she was in the group of students sitting with Student T. There *356 was also a third incident, in Barcelona, where Grievant used the \u201cf-word\u201d in response to a question by Student about room assignments. However, he apologized to her a short time later for his outburst. 1 2 356 1 The arbitrator referred to the specific students at issue in this case as Student and Student X, rather than by their names. We shall do the same. 2 This conversation was apparently the continuation of a prior conversation held earlier in the evening at another bar with other students and for which Student was not present. Grievant was shocked and upset at hearing these allegations and attributed his conduct to being intoxicated. However, he did not dispute any of the allegations. ( Id. at 8.) Grievant immediately apologized to Student and asked her what he could do to resolve the matter. She suggested he apologize to all the female students on the trip and speak with her mother because she had informed her mother of what Grievant said on the trip and her mother was upset. ( Id.) Grievant held a group meeting where he apologized to all the students for his behavior. Approximately one week later, Grievant met with Student T's mother, who threatened to inform the school's administration of his conduct if he did not do so of his own accord. ( Id. at 6\u20138.) 2/17/25, 3:18 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 3/22 Grievant self-reported his actions to Dean Kathleen Strickland on April 7, 2010. ( Id. at 3\u20134.) He recounted what he remembered saying and what he was told he said. Grievant noted that he was intoxicated; however, he did not understand why the students were upset and claimed he was just joking. ( Id.) Grievant appeared to be upset and nervous as he informed Dean Strickland of this situation, which was not his first incident of misconduct at the University. ( Id.) Grievant explained to Dean Strickland that in 2006 he was reprimanded for sexually harassing a student and agreed that he would resign if such conduct were to occur in the future. However, Grievant quickly noted that he did not believe his statements in this instance amounted to sexual harassment. The arbitrator notes in his decision that in addition to Grievant reporting the matter to Dean Strickland, Student T's mother did as well. ( Id. at 4, 14). Further, the arbitrator states that Student reported the matter to the school administration when school officials contacted her after speaking to Student T's mother. ( Id. at 3). Dean Strickland contacted Provost William Williams for guidance. Provost Williams directed her to conduct an investigation into the allegations. Dean Strickland investigated by interviewing sixteen of the students that went on the trip and Student T's mother. Based upon the results of this investigation, Dean Strickland prepared a report on May 12, 2010, summarizing what the students and Student T's mother claimed Grievant said. Pursuant to Dean Strickland's report, Provost Williams sent Grievant a letter on May 20, 2010, informing him that a formal investigation was being conducted into his inappropriate behavior during the spring break trip and notifying him that he was to attend an investigatory interview on May 27, 2010. (Reproduced Record (R.R.) at 502.) 3 3 We note that the University failed to include a \u201csmall a\u201d after the Arabic numerals, as is required by Pa. R.A.P. 2173. Grievant attended the investigatory interview, along with a Union representative, and offered his side of the story. Grievant admitted making improper and unprofessional statements, but he characterized them as \u201ctrash talk\u201d and not sexual harassment. Following this interview, Provost 2/17/25, 3:18 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 4/22 Williams sent a letter to University President Robert Smith on June 14, 2010, recommending that formal discipline against Grievant be considered. On June 17, 2010, President Smith sent Grievant a *357 letter stating that he was to attend a pre-disciplinary meeting to discuss potential discipline arising from his actions, which Grievant attended. (R.R. at 512.) By letter dated July 9, 2010, the University notified Grievant that he was terminated, effective July 30, 2010, for his \u201cunprofessional conduct during the spring 2010 trip to Spain, namely by becoming intoxicated with University students and making inappropriate sexual comments to and about students.\u201d (R.R. at 523.) The letter also noted that this was Grievant's second offense and that he had previously been disciplined for engaging in similar behavior. 357 The Union filed a grievance and ultimately sought arbitration on Grievant's behalf, alleging that the University violated Articles 15 and 43 of the CBA. An arbitrator held a hearing over three days and framed the sole issue as whether there was just cause to discipline and discharge Grievant. (Arbitrator's Award at 13.) On April 4, 2012, the arbitrator issued an award sustaining the grievance. In sustaining the grievance, the arbitrator found that \u201cthe just cause issue is inextricably interlaced in a pattern of procedural indiscretion and substantive irregularities,\u201d the most troubling of which was the University's failure to issue a complaint to Grievant as was required by Article 43 of the CBA. (Arbitrator's Award at 13.) The arbitrator stated that Article 43 requires that \u201ca complaint, verbal or written\u201d be made so as to provide faculty members with notice \u201cof the grounds for investigating what is claimed or alleged.\u201d ( Id. at 14.) However, the arbitrator concluded that, in this case, there was no complainant and no complaint was ever provided to Grievant. The arbitrator stated that the May 20, 2010 letter sent to Grievant by Provost Williams did not meet the standards of Article 43 because it did not set forth specific allegations or identify a complainant. ( Id. at 15.) Moreover, the arbitrator concluded that: [a] complaint is an integral part of faculty procedural due process in disciplinary matters which not only provides notice of an adverse action but also identifies the adversary.... After conducting an investigation there was 2/17/25, 3:18 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 5/22 nobody to complain ... [n]either did the Employer act as complainant for violation of any rule or policy of the University. Someone must take responsibility for the claim or claims against an accused faculty member complaint initiates the process, without it there is nothing to investigate. ( Id. at 15.) In reaching this conclusion, the arbitrator rejected the University's argument that Grievant was a self-complainant as \u201cfolly\u201d and \u201cunpersuasive.\u201d ( Id. at 14.) The arbitrator also noted that Grievant's termination letter states that he was terminated for \u201cunprofessional conduct with students in Spain by being intoxicated with them and having made sexual comments to and about them which were inappropriate.\u201d ( Id. at 15.) Thus, he concluded that the University never claimed the Grievant's conduct amounted to sexual harassment, nor was he discharged for sexual harassment. The arbitrator noted that it was appropriate for the University to consider Grievant's prior disciplinary history, but concluded that it was improper for the University, in the current instance, to characterize Grievant's actions as a second violation of its sexual harassment policy. ( Id. at 15.) Accordingly, the arbitrator directed the University to do the following: (1) reinstate Grievant to his former tenured position, with no loss of earnings or benefits; (2) set off any earnings Grievant made while separated from what the University owed him for that period of separation; *358 and (3) remove all references to Grievant's termination and the alleged incidents occurring in Spain from his personnel and other University files. (Arbitrator's Award at 17.) The University now appeals to this Court. 358 The University argues that the arbitrator's determination did not draw its essence from the because it added requirements to Article 43 of the and failed to recognize that Grievant received a verbal complaint, which he then self-reported to the University. In the alternative, the University argues that the arbitrator's award violates an established public policy prohibiting sexual harassment or discrimination in educational institutions. Discussion 2/17/25, 3:18 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 6/22 Our review of arbitration awards is one of deference. State System of Higher Education (Cheyney University) v. State College University Professional Association (PSEA\u2013NEA), 560 Pa. 135, 149, 743 A.2d 405, 413 (1999). Generally, the award of the arbitrator will be final and binding upon the parties. Id. at 149\u2013150, 743 A.2d at 413. However, this Court may review an arbitration award for the limited purposes of determining whether the arbitrator's award draws its essence from the collective bargaining agreement or violates an established public policy. Westmoreland Intermediate Unit # 7 v. Westmoreland Intermediate Unit # 7 Classroom Assistants Educational Support Personnel Association, PSEA/NEA, 595 Pa. 648, 665, 939 A.2d 855, 865 (2007) (articulating the public policy exception to the essence test).4 4 The public policy exception provides that a court will not enforce an arbitration award if the award would contravene a well-defined, dominant, public policy that has either been codified or recognized in legal precedent. Westmoreland, 595 Pa. at 666, 939 A.2d at 865\u201366 (noting general considerations of supposed public interests will not suffice). Under the essence test, an arbitration award will be upheld if: (1) the issue, as properly defined, is within the collective bargaining agreement; and (2) the arbitrator's award can be rationally derived from the collective bargaining agreement. Pleasant Valley School District v. Robert D. Schaeffer, 31 A.3d 1241, 1243 (Pa.Cmwlth.2011) (citing State System of Higher Education (Cheyney University), 560 Pa. at 150, 743 A.2d at 413). We may only vacate an arbitrator's award under the essence test \u201cwhere the award indisputably and genuinely is without foundation in, or fails to logically flow from, the collective bargaining agreement.\u201d State System of Higher Education (Cheyney University), 560 Pa. at 150, 743 A.2d at 413. We begin with a review of the relevant provisions of the CBA. Article 5 of the details how grievances are filed. It provides that if a grievance cannot be resolved, the Union may refer it for arbitration. The specifically provides that the arbitrator's award will be final and binding upon the parties. However, Article 5, Section of the also states that, in reaching an award, the arbitrator may not add to, subtract from, or modify the CBA.5 2/17/25, 3:18 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 7/22 5 The can be accessed at the following link: http:// www. passhe. edu/ inside/ hr/ sys hr/ bargaining\u2014 agreements/ apscuf \u2014agr. pdf. Article 15 of the provides that tenured professors, like Grievant, may only be terminated for \u201cjust cause.\u201d It *359 also states that \u201c[i]n the event that the President believes such just cause exists, he/she shall give written notice, specifying the reasons, to the affected [faculty member] and [Union.]\u201d ( Id.; R.R. at 486\u201387.) 6 359 6 Article 15, Section F, of the CBA, states as follows: 1 tenured may be terminated, suspended without pay for a period not to exceed sixty (60) days, or otherwise disciplined only for just cause. In the event the President believes such just cause exists, he/she shall give written notice, specifying the reasons, to the affected and [Union], and that shall have the right to grieve solely by means of and in compliance with all provisions of the procedure provided for in Article 5 ARBITRATION. 2 probationary non-tenured may be terminated, suspended without pay for a period not to exceed sixty (60) days, or otherwise disciplined at any time prior to the expiration of his/her five (5) year probationary period. The President shall give written notice to the affected non-tenured probationary and [Union], specifying the reasons for the discipline, and that non-tenured probationary shall have the right to grieve where the non-tenured probationary asserts that the discipline is discriminatory or arbitrary and capricious, but such assertions shall be processes solely by means of and in compliance with all provisions of the procedure provided for in Section C. of Article 5 ARBITRATION. This subsection does not apply to non- renewal actions. (R.R. at 486\u201387.) Finally, Article 43 of the outlines the manner in which complaints against faculty members are to be investigated by the University. In relevant 2/17/25, 3:18 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 8/22 part, it provides: The [University] and [Union] recognize that it may be necessary to investigate complaints against prior to making a disciplinary decision. When appropriate, attempts should be made to resolve complaints informally. In those cases in which complaints are not resolved informally, the principles below shall apply: A. If the University determines to conduct an investigation of a complaint, either verbal or written, it shall be initiated and concluded within a reasonable amount of time.... B. The accused of wrongdoing must receive a copy of the written complaint prior to the commencement of an investigatory interview or pre-disciplinary conference. In the event a written complaint is not submitted, the individual assigned to conduct the investigation shall prepare a written summary and provide a copy of the summary to the prior to commencing an investigatory interview or pre- disciplinary conference. (Article 43 of the CBA, R.R. at 489.) In this case, the arbitrator defined the issue before him as \u201c[w]hether there was just cause to discipline and discharge the grievant?\u201d (Arbitrator's Award at 13.) The issue, as framed by the arbitrator, is clearly within the terms of the since Article 15 provides that tenured professors may only be terminated for \u201cjust cause.\u201d With the first prong of the essence test met, we turn our attention to the second prong, i.e., whether the arbitrator's award is rationally derived from the CBA. The arbitrator based his determination that the University did not have just cause to terminate Grievant on what he perceived was a lack of due process and a failure to comply with the terms of the CBA. Specifically, the arbitrator concluded that the University failed to issue a complaint to Grievant as was required by Article 43 of the CBA, did not identify his accusers, and was not authorized by the to conduct an investigation because a formal written complaint was not filed and there was no complainant. (Arbitrator's *360 Award at 13\u201315.) For the reasons that follow, 360 2/17/25, 3:18 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 9/22 we conclude that the arbitrator's conclusions cannot rationally be derived from the CBA. Section of Article 43 of the is dispositive. In relevant part, it provides that \u201c prior to the commencement of an investigatory interview or pre-disciplinary conference \u201d a faculty member must receive a written copy of the complaint against him. (Article 43 of the CBA, R.R. at 489) (emphasis added). The arbitrator's decision that the University did not have just cause to terminate Grievant had nothing to do with the facts before him, as they are not in dispute and the record contains ample evidence of the nature of Grievant's conduct toward students under his charge on an overseas school trip and support his termination. It is also noted that this is not the first episode of misconduct of a sexual nature by Grievant toward his students as he was formally reprimanded for sexual harassment in 2006. Rather, the arbitrator's decision is based upon procedural grounds that presuppose that: (i) there was no complaint in this matter, written or verbal; and (ii) that a complaint is a mandatory prerequisite for disciplinary action by the University. Neither of these presumptions is rationally derived from the CBA. First, the arbitrator found that no complaint had been issued because there was no complainant, and in so doing rejected the University's contention that the Grievant was the complainant as \u201cfolly\u201d. This conclusion has no basis in either the language of the or the facts of this matter. While the provides little specification as to what constitutes a complaint for purposes of Article 43 thereof, it is clear that a complaint need not be in writing, a point which is noted by the arbitrator. (Award at 15). There is nothing in the which specifies that a complaint may be filed only by a third party and for the arbitrator to insert such a provision into the is to open a significant serious loophole to the CBA. It is noteworthy that other than to call the University's position \u201cfolly\u201d and \u201cunpersuasive,\u201d the arbitrator offers no analysis to support these merely conclusory statements. This Court has held in other contexts that a determination based solely on such unsubstantiated, conclusory statements constitutes an abuse of discretion. See, e.g., Croman v. Workers' Compensation Appeal Board (Township of Marple), 706 A.2d 408 (Pa.Cmwlth.1998) (holding that the decision of 2/17/25, 3:18 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 10/22 workers' compensation judge supported only by a conclusory statement constituted an abuse of discretion). The arbitrator makes no finding that Grievant was in any manner prejudiced procedurally because he self-reported his misconduct to the University. On the contrary, given that Grievant was the first to report his transgressions to the University, he most certainly knew what the bases were of the allegations of \u201cinappropriate behavior of a sexual nature towards female students\u201d when the Provost informed Grievant by letter dated May 20, 2012 that he was being investigated. There is simply no logical basis to conclude that Grievant was denied a reasonable and fair opportunity to defend himself. Further, the arbitrator ignores his own conclusion that Grievant reported his misconduct only because Student T's mother threatened to do so if he did not. Clearly, Grievant reported himself to the University to avert the \u201ccomplaint\u201d being made directly by the victim's mother. He should not be able to avoid discipline on the basis that there was not a complaint when he injected himself into the process in an attempt to forestall the victim's mother from complaining directly. Regardless, it *361 is clear from the record and is noted by the arbitrator that the mother did in fact make a complaint directly to the University when she contacted the Dean. Hence, if a complaint must be filed as a prerequisite to discipline under the CBA, that is satisfied by the mother's complaint to the Dean. 361 There are two other additional bases that demonstrate that the arbitrator could not rationally conclude that a complaint did not exist. First, Student herself complained of Grievant's misconduct when she confronted him with it. Grievant was the chair of one of the University's departments. If a student had complained to him of similar misconduct of one of the other faculty members within his department, there would arise a similar obligation to report it to the administration. Again, there is nothing in the or the record to suggest that Grievant is entitled to different treatment because he was the actor as opposed to a third party faculty member. Second, as the arbitrator notes, Student herself reported the matter to University officials when she was contacted by them. Considering Student 2/17/25, 3:18 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 11/22 T's report to be other than a complaint for purposes of Article 43 cannot be rationally derived from the CBA. Similarly, the arbitrator's conclusion that a complaint under Article 43 is a pre-condition before disciplinary action may be commenced under Article 15 of the is not rationally derived from the clear language thereof. Article 15, Section F. 1 (emphasis added) provides that discipline may be commenced in the event the President \u201c believes such just cause exists.\u201d The arbitrator points to no provision in Article 15 that ties the President's hands from taking disciplinary action unless someone files a complaint under Article 43, nor is there any provision cited by the arbitrator in Article 43 to that effect. Hence, even if the arbitrator's conclusion that no complaint was filed was rationally based upon the CBA, there is simply no rational or logical basis to conclude that disciplinary action cannot be commenced without a complaint. Again, there is nothing in the record to suggest that Grievant was in any way prejudiced by the process which was undertaken in this matter. On the contrary, Grievant received the due process that is provided for in the CBA. As set forth in Article 43, section B: \u201c[i]n the event a written complaint is not submitted,\u201d i.e., in the case of verbal complaints, the person who is to conduct the investigation will \u201cprovide a copy of the summary [of the complaint] to the prior to commencing an investigatory interview or pre-disciplinary conference.\u201d ( Id.) (emphasis added). Article 43 of the expressly anticipates verbal complaints against faculty members and provides that, in instances where there is not a formal written complaint or a complainant, a copy of the written summary of the verbal complaint made against the faculty member will suffice. Therefore, since the initial complaints by Student (to Grievant) and Grievant (to Dean Strickland) were verbal, there were no formal written complaints that needed to be provided to Grievant. Rather, the University only needed to provide him with a summary of the allegations against him if it chose to pursue disciplinary action. Moreover, since Grievant was a self-complainant, and had received verbal complaints directly from Student and her mother, the complaint requirements had also already been met in this manner. 2/17/25, 3:18 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 12/22 Article 43 of the only requires that a copy of the formal written complaint or a copy of the summary of the complaint be provided \u201c prior to commencing an investigatory interview or pre-disciplinary conference.*362 \u201d ( Id.) (emphasis added). The University clearly complied with this mandate. On May 20, 2010, Provost Williams sent a letter to Grievant stating that an investigation under Article 43 was being conducted and he was to attend an investigatory interview on May 27, 2010. In this letter, Provost Williams explained the circumstances surrounding the investigation, stating in part as follows: 362 7 7 Moreover, since Grievant directly received complaints from Student and her mother, he already had full knowledge of the \u201ccomplaints\u201d when he self- reported them to the Dean on April 7, 2010. It has been alleged, that while on an international trip to Spain over Spring Break this past March, you made several inappropriate remarks to sport management students, including remarks of a sexual nature. Some of these comments offended the students; others indicated it was unprofessional. It should be noted that this matter first came to the [Dean Strickland's] attention based on the self disclosure of concerns with your own behavior while on the trip to Spain. Additionally, there is an allegation that you inappropriately swatted a student on her buttock during the spring semester 2010 while on campus. The student did not find this action welcoming on your part. [Dean Strickland] has completed an inquiry based on your self-disclosure concerns with your own behavior on the trip. The Dean has forwarded her findings to my office. Based on the information received believe there is sufficient reason to meet with you. Prior to our meeting, please review the attached summary of the completed inquiry along with a copy of the University's sexual harassment policy. (R.R. at 502.) The University also sent Grievant a letter on June 17, 2010, prior to his pre-disciplinary meeting with President Smith, which summarized the allegations against him: This is notification of a pre-disciplinary meeting scheduled for Thursday, June 24, 2010 at 10:30 a.m. in my office to discuss allegations of your 2/17/25, 3:18 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 13/22 inappropriate behavior. It has been alleged, while on a spring study abroad trip in Spain, you engaged in drinking with students to the point of intoxication and making inappropriate comments of a sexual nature to and about students copy of the Dean's findings and a copy of the University's sexual harassment policy are enclosed for your review. You have previously reviewed this same information prior to your meeting with the Provost on May 27, 2010. At our meeting, please be prepared to provide me your explanation of these allegations. Since this meeting could result in disciplinary action up to and including termination, you are permitted to have [a Union] representative present at this meeting. (R.R. at 512.) Because Provost Williams' and President Smith's letters provided Grievant a summary of the allegations against him, prior to both the investigatory interview and the pre-disciplinary meeting, the University complied with the plain language of the CBA. However, in addition to the arbitrator's dismissal of Grievant as a self- complainant as \u201cfolly,\u201d the arbitrator found both of these notices to be insufficient under Article 43. In doing so, the arbitrator interpreted the to require that Grievant be provided notice prior to the University commencing any investigation whatsoever. Such an interpretation cannot rationally be derived from the plain language of the CBA.*363 363 First, the only requires notice prior to an investigatory interview or a pre-disciplinary conference. Second, the facts of this case establish that Grievant was provided with the necessary due process under Article 43. Here, Student complained directly to Grievant. Grievant tried to informally remedy the situation by apologizing. However, Student T's mother did not believe this was sufficient and told Grievant to self-report his conduct to the University or she would lodge a formal complaint. Grievant then self-reported his conduct to the University. Thus, he was the individual who provided the initial verbal complaint to the University. Since he made the initial complaint, Grievant was aware of the allegations against him and even admitted making some of the alleged improper statements. 2/17/25, 3:18 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 14/22 Because Grievant self-reported, Dean Strickland conducted an \u201cinvestigation\u201d to verify the misconduct he described. Once Grievant's account was verified, the University provided Grievant with formal notice of all of his alleged wrongdoings prior to holding its formal investigatory interview and pre-disciplinary conference. Therefore, the record demonstrates that the University complied with the procedural requirements of Article 43 of the CBA. Accordingly, the arbitrator's award was contrary to, and cannot be rationally derived from, the plain language of the CBA.8 8 In so holding we respectfully but significantly disagree with the dissent which is predicated on the erroneous conclusion that (1) there was no complaint, and (2) without a complaint, no disciplinary action could be taken by the University against grievant. In support of its first conclusion, the dissent notes that \u201cgrievant apologized and reasonably believed the matter was closed.\u201d There are several problems with this. First, Grievant's \u201creasonable belief\u201d that \u201cthe matter was closed\u201d is irrelevant perpetrator's post incident \u201creasonable belief\u201d that he has quieted a matter down has no bearing on culpability. Second, Grievant's subsequent action in reporting the incident belies his belief that the matter was closed; otherwise, why report same? Further, we disagree for the reasons noted above that a complaint is prerequisite to disciplinary action under Article 15. By seeking to mandate a third party complaint as a prerequisite to disciplinary action under Article 15 the dissent is reading language into the that is simply not there. Lastly, the dissent expressed the concern that our decision \u201cactually creates an incentive for employees not to report.\u201d That assertion is a red herring, for if the dissent's logic is to be followed, university professors will be able to avoid the consequences of their offenses if they are able to smooth things over with their victims. Our decision is intended to send a clear message upholding established public policy against sexual misconduct, that the consequences of any form of sexual misconduct will not be avoided by manufacturing loopholes to the disciplinary provisions of collective bargaining agreements with university faculty within the state system of higher education. 2/17/25, 3:18 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 15/22 Moreover, even if we were to find that the arbitrator's decision drew its essence from the CBA, the award of the arbitrator, finding no just cause and ordering full reinstatement, clearly implicates and violates a well-defined public policy of this Commonwealth and the United States. An award must be vacated if it explicitly conflicts with a well-defined public policy. Stroehmann Bakeries, Inc. v. Local 776, International Brotherhood of Teamsters, 969 F.2d 1436, 1441 (3d Cir.1992). Title of the Education Amendments of 1972 (Title IX), 20 U.S.C. \u00a7 1681(a), prohibits sex discrimination \u201cunder any education program or activity receiving Federal financial assistance.\u201d Given that the transgressions at issue in the subject grievance are of a sexual nature perpetrated against a student(s) at one of the Commonwealth's universities within the by an individual who was not only a full professor *364 but also a department chair, we must reject the arbitration award on compelling public policy grounds. The clearly established public policy and duty to protect students from sexual discrimination in any form has long been recognized. 364 9 9 In rejecting this arbitration award on the additional basis of public policy, we note that the award was rendered in the wake of the events that have engulfed another Commonwealth university within for alleged failure to properly heed and respond to prior warnings of egregious sexual misconduct. While the incident in the matter at hand is not of the same nature, it is nonetheless another instance of misconduct of a sexual manner involving someone in a position of trust and responsibility over students at a Commonwealth university. Recently, this Court applied the public policy exception to the essence test, explaining that an arbitration award will not be upheld if it contravenes public policy. City of Bradford v. Teamsters Local Union No. 110, 25 A.3d 408, 413 (Pa.Cmwlth.2011). We noted that public employees, as well as their employers, owe their duty of fidelity to the citizens and must act with concern for the citizens' welfare. Id. In ascertaining whether a violation of public policy has occurred, we look to the policy implications of the arbitration award. Id. at 413\u201314. In City of Bradford, we held that application of the public policy exception requires a three-step analysis: 2/17/25, 3:18 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 16/22 First, the nature of the conduct leading to the discipline must be identified. Second, we must determine if that conduct implicates a public policy which is well-defined, dominant, and ascertained by reference to the laws and legal precedents and not from general considerations of supposed public interests. Third, we must determine if the arbitrator's award poses an unacceptable risk that it will undermine the implicated policy and cause the public employer to breach its lawful obligations or public duty, given the particular circumstances at hand and the factual findings of the arbitrator. Id. at 414 (internal citations omitted). We identified the conduct leading to discipline as a public employee's theft and noted that theft clearly implicated a well-defined public policy because not only is theft illegal, but theft by a public employee undermines the safety and welfare of Pennsylvania citizens. Id. at 414\u201315. However, the arbitrator considered the employee's good work history and restitution of the stolen money, and reduced his discipline from termination to a lengthy suspension without pay. We held that this arbitration award did not pose a significant risk of undermining the public policy against theft or the city's ability to serve its citizens. Id. at 415. 10 10 The employee, a city refuse collector, discovered a purse in someone's garbage bag when a large sum of cash spilled out of the purse as he put the garbage bag in the packer, and he took $239 from the purse. City of Bradford, 25 A.3d at 409. In Philadelphia Housing Authority v. American Federation of State, County and Municipal Employees, 956 A.2d 477 (Pa.Cmwlth.2008), affirmed,\u2013\u2013\u2013 Pa. \u2013\u2013\u2013\u2013, 52 A.3d 1117 (2012), we applied the public policy exception to the essence test and refused to enforce an arbitrator's award reinstating a terminated employee who had committed egregious sexual harassment against a coworker. The employee was employed by Philadelphia Housing Authority (PHA). The employee's female coworker complained of several instances of sexual harassment over the course of 14 months, including touching and inappropriate sexual comments, and PHA's Equal Employment Office ultimately discharged the employee for his pattern of sexual *365 harassment in violation of its sexual harassment and discrimination policy. Id. at 480. 365 2/17/25, 3:18 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 17/22 The employee filed a grievance and a hearing was held before an arbitrator. Despite determining that the employee's misconduct was lewd, lascivious, and extraordinarily perverse, the arbitrator determined that did not establish just cause for terminating him and awarded the employee reinstatement with backpay. Id. at 481. On PHA's appeal to this Court, we held that the arbitrator's award violated the clear public policy against workplace sexual harassment. The employee's conduct, repeated instances of sexual harassment, violated the public policy against sexual harassment established by Title of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. \u00a7\u00a7 2000e\u20132000e\u201317, multiple cases, and the Equal Employment Opportunity Commission's regulations and guidelines. Id. at 483. Furthermore, we held that because the arbitrator's award of reinstatement precluded from following its sexual harassment and discrimination policy and protecting its employees from sexual harassment in the workplace, it violated Title VII, and denied the ability to discipline its employee for sexual harassment, placing in violation of Title VII. Id. at 487. An arbitration award that violated Title of the Civil Rights Act of 1964 was against public policy and could not be enforced. Title provides that \u201c[n]o person in the United States shall ... be subjected to discrimination under any education program or activity receiving federal financial assistance.\u201d 20 U.S.C. \u00a7 1681(a). Title imposes a duty on schools that receive federal money, such as Slippery Rock University of Pennsylvania, not to discriminate on the basis of sex. Franklin v. Gwinnett County Public Schools, 503 U.S. 60, 75, 112 S.Ct. 1028, 117 L.Ed.2d 208 (1992). The public policy against sexual discrimination, particularly of a student by an educator, is well-defined and rooted in the law. Here, the conduct leading to Grievant's ultimate termination was his inappropriate sexual remarks and comments of a sexual nature to and about female students. The July 9, 2010 termination letter made clear that Grievant was being terminated for his unprofessional conduct during the Spain trip, namely by becoming intoxicated with University students and making inappropriate sexual comments to and about students, as well as the fact that this was the second time that Grievant admitted to engaging in similar behavior, the first of which resulted in a letter of reprimand. The public places its confidence and trust in Commonwealth educators, and an 2/17/25, 3:18 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 18/22 educator violates this trust when he engages in discriminatory behavior with students who are placed in his care. The Commonwealth and United States have a long-standing and well-defined public policy against sexual discrimination, and Grievant's conduct clearly implicates and violates this public policy. The award in this case poses a substantial risk of undermining this public policy and also prevents the University from properly implementing its policy prohibiting such behavior; the arbitrator reinstated Grievant with no consequences for his proscribed misconduct. Furthermore, Grievant's position as head of the Sport Management department places him in a position of repeated exposure to female students, and he continued his inappropriate behavior after he was disciplined in 2006 for similar conduct, which indicates a substantial risk that female students will be subjected to similar action in the future. The implications of allowing public university employees to violate not only the trust of the students and employers, but also the general public, *366 contravene long-standing public policy. To deny the University the ability to appropriately discipline Grievant for his conduct would place the University in violation of Title IX. Just as an arbitration award that violated Title of the Civil Rights Act of 1964 was against public policy and could not be enforced in Philadelphia Housing Authority, here an award that violates Title is against public policy and cannot be enforced. 366 Having concluded that the arbitrator's award was not rationally derived from the entered into by the University and Union, and in any event is a violation of clearly established public policy, we reverse the arbitration award NOW, this 7th day of June, 2013, the arbitration award entered on April 11, 2012, in the above captioned matter is hereby reversed. The termination of Robert Ammon, Jr., as a faculty member of Slippery Rock University of Pennsylvania is reinstated Senior Judge respectfully dissent from the Majority opinion would find that the arbitrator's award is rationally derived from the terms of the and, 2/17/25, 3:18 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 19/22 therefore, would not impose on the parties our own interpretation. The Majority holds that the Grievant self-reported his conduct and, thus, he submitted the \u201ccomplaint\u201d that is required under Article 43 of the before the University may proceed with disciplining an employee. The arbitrator expressly rejected this interpretation of the and its factual underpinnings. There is no language in the that defines the term \u201ccomplaint,\u201d thus how the parties employ that term is subject to interpretation through grievance arbitration. The arbitrator found that after Student confronted Grievant with his conduct, Grievant apologized and \u201creasonably believed the matter was closed.\u201d \u201cEveryone he reached without exception accepted his apology and no complaint or claim was filed before or after these debriefing meetings.... For all intents and purposes, the investigation was commenced yet it produced no complainant.\u201d (Award at 14.) The arbitrator rejected the University's argument that Grievant could file a complaint against himself under Article 43. The University even admits in its brief that \u201cthere was no direct complaint received.\u201d (University Brief at 26.) The arbitrator found that the University failed to identify any specific allegation or specific complaint, even in the University's letters to Grievant of May 20 and June 17, 2010, which the Majority holds is how the University met the procedural requirements of Article 43. In the May 20 letter, Provost Williams wrote to Grievant that Dean Strickland had completed an investigation \u201cbased on your self-disclosure concerns with your own behavior on the trip.\u201d Yet, after the investigation, the University failed to identify anyone who believed that Grievant's conduct had risen to the level that merited the lodging of a complaint against him. The Majority notes that Student and her mother spoke to Grievant about his conduct, but Grievant reasonably believed that the matter was closed. The arbitrator concluded: \u201cAgain, Article 43 contemplates that there is a complainant, verbal or written. Failure to proceed without either is a material breach of this provision of this Agreement. It is clear that the Employer had no student complainant on the effect of the grievant's alleged statements or institutional complainant with respect to policies, practices, rules or professional*367 expectations of faculty....\u201d (Award at 15\u2013 16.) 367 2/17/25, 3:18 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 20/22 The arbitrator was clearly concerned that the University had failed to identify which policies, practices, rules, or expectations formed the basis of the disciplinary proceedings. This is, again, confirmed by the record, showing the University's confusion regarding the grounds for disciplining Grievant. Provost Williams informed Grievant in the May 20 letter that Dean Strickland had investigated him for allegations of sexual harassment, providing Grievant with a copy of the University's sexual harassment policy. Yet, Dean Strickland, who conducted the investigation, testified that she did not believe Grievant's behavior violated the sexual harassment policy; and President Smith, who made the decision to terminate Grievant's employment, testified that the University did not charge Grievant with sexual harassment and that \u201chis remarks on the trip ... did not rise to the legal line of sexual harassment.\u201d (R.R. at 245\u2013246, 291, 294.) Thus, necessarily, when the University decided to terminate Grievant's employment, it was for grounds other than those set forth in the \u201cnotice\u201d it provided him. As a result, the arbitrator ruled that the University did not have just cause under the to terminate Grievant's employment, due to \u201ca pattern of procedural indiscretions and substantive irregularities.\u201d We can empathize with the University for wanting to take action in light of the information that Grievant self-reported. Nevertheless, according to the arbitrator, if the University itself was to be the complainant for purposes of Article 43, then the University was required to identify itself as such and the policies that Grievant allegedly violated. The University failed to do that. By overruling the arbitrator's interpretation, the Majority actually creates an incentive for employees not to report potential problems to University administrators would hold that the Arbitrator's award, due to the absence of clear language in the indicating his interpretation is incorrect, is rationally derived from the CBA. About us 2/17/25, 3:18 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 21/22 Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/17/25, 3:18 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 22/22", "7557_102.pdf": "Slippery Rock, PA- It\u2019s a well-known fact that alcohol makes people lose their inhibitions and sometime their sense, but could the things you say when you\u2019re drunk constitute sexual harassment? The can if you are a college professor a Pennsylvania court recently decided faculty union at Slippery Rock University challenged their employer\u2019s decision to fire a tenured professor who suggested one of his students \u201csuck his d*ck\u201d during a night of excessive drinking at a bar in Madrid, Spain. The case before the appeals court involved Professor Robert Ammon Jr., who was chaperoning a student trip to Spain in spring of 2010. After returning from the trip one of the female students, who was present that night, confronted Ammon about his comments and raised concerns with the University. According to the student Ammon went around and asked the students how many sexual partners, then proceeded to boast that he has been with 100 partners and five of those sexcapades occurred after he was married, HigherEd. Com reported [ upholds-dismissal-professor-who-talked-about-sex-students Search \ue803 Sexual Harassment in Housing: Boston, Massachusetts Case Ends in $4 Million Award!\u201d May 22, 2024 - 1:51 pm Legal Repercussions of Workplace Harassment in New Orleans, Louisiana City Council May 22, 2024 - 1:46 pm Justice for Victims in Boston, Massachusetts Sober Homes Case May 21, 2024 - 6:33 pm Home About Exclusive Areas Articles Contact 800-672-3103 Advertise \ue859 2/17/25, 3:19 Appeals Court Says Professor\u2019s \u201cSuck my D*ck\u201d Comment is Sexual Harassment | USAttorneys.com 1/8 After that boast, Ammon was asked which student was his favorite to which he replied that if a particular female student, who was in attendance, \u201csucked his d*ck,\u201d she would be his favorite. When confronted with the incident by the student Ammon went to University \u201cadmitted making improper comments and unprofessional statements, but referred to the comments as \u201ctrash talk\u201d and should not be characterized as sexual harassment, court documents stated. The University then decided to fire Ammon for \u201cunprofessional conduct\u201d for drinking with students and for \u201cmaking inappropriate sexual comments to and about students,\u201d Inside Higher Ed reports. Ammon along with a faculty union challenged the firing, but in a 2-1 vote the Pennsylvania appeals court decide Slippery Rock University was justified in firing Ammon. The Judges wrote in their decision that Ammon\u2019s position as professor and department head, \u201cplaces him in a position of repeated exposure to female students, and he continued his inappropriate behavior after he was disciplined in 2006 for similar conduct, which indicates a substantial risk that female students will be subjected to similar action in the future.\u201d The Pennsylvania appeals court decision comes shortly after the Department of Education outlined new sexual harassment rules [ for universities and colleges. Those new rules created a firestorm with free speech advocates who feared that simply asking another person out on a date or flirting with them could be interpreted as sexual harassment. The rules that created the controversy were more specifically aimed at the forcing Universities and Colleges to take allegations of sexual harassment more seriously and set up a reporting system that would adequately address complaints of sexual harassment and assault. After creating such a controversy the stated that federal standards of sexual harassment which required that the inappropriate behavior be repeated, pervasive and made the Legal Responses to Des Moines, Iowa Harassment Case May 21, 2024 - 6:31 pm Addressing Minneapolis, Minnesota Sexual Harassment in University Settings May 16, 2024 - 11:24 am New Confidential Reporting for Navy Sexual Harassment In Annapolis, Maryland May 16, 2024 - 11:13 am Chicago, Illinois Legal Battles Escalate for Chicago Blackhawks May 16, 2024 - 11:06 am Tesla Settles Harassment Suit Amid Wider Palo Alto, California Legal Battles Home About Exclusive Areas Articles Contact 800-672-3103 Advertise \ue859 2/17/25, 3:19 Appeals Court Says Professor\u2019s \u201cSuck my D*ck\u201d Comment is Sexual Harassment | USAttorneys.com 2/8 Share this entry \ue8f3 \ue932 \uf232 \ue8f8 \ue8fc \ue8fa \ue926 \ue927 \ue805 environment of the campus hostile for the victim still stood and that flirting or requesting a date did not meet those standards, but apparently a professor suggesting student perform oral sex does. Ammon\u2019s comments cost him his career so let this serve as a cautionary tale to teachers and professors; be careful what you say to your students even when you aren\u2019t on campus 12, 2013 SEARCH\u2026 Search May 16, 2024 - 11 Legal Dynamics in Boston, Massachusetts\u2019s High-Profile Harassment Case May 16, 2024 - 9:44 am Exploring Legal Dynamics in Phoenix, Arizona\u2019s Policy Shifts May 14, 2024 - 9:21 am \ue803 Sexual Harassment in Housing: Boston, Massachusetts Case Ends in $4 Million Award!\u201d May 22, 2024 - 1:51 pm Legal Repercussions of Workplace Harassment in New Orleans, Home About Exclusive Areas Articles Contact 800-672-3103 Advertise \ue859 2/17/25, 3:19 Appeals Court Says Professor\u2019s \u201cSuck my D*ck\u201d Comment is Sexual Harassment | USAttorneys.com 3/8 Kentuck Method Home Supervis Charged with Sexual Harassm Wall Street Investor Hit with $75 Sexual Harassm Suit Congres Fights to Make Sexual Harassm Training Mandato for House Arizona is Rolling Out an Annual State Employe Workpla Harassm Prevent Training Starting 2018 If You Are a Waitres You\u2019re Probably Going to Be Sexually Harasse New Study Says Iron Worker Wins Victory in Same- Sex Sexual Harassm Case What Should Do if My Employe is Retaliat Against Me for Filing a Sexual Harassm Complai Head Nephrol at Yale Accused of Several Counts of Sexual Harassm You might also like \ue836 \ue836 \ue836 \ue836 \ue836 \ue836 \ue836 \ue836 Louisiana City Co May 22, 2024 - 1:4 Justice for Victims in Boston, Massachusetts Sober Homes Case May 21, 2024 - 6:33 pm Legal Responses to Des Moines, Iowa Harassment Case May 21, 2024 - 6:31 pm Addressing Minneapolis, Minnesota Sexual Harassment in University Settings May 16, 2024 - 11:24 am New Confidential Reporting for Navy Sexual Harassment In Annapolis, Maryland May 16, 2024 - 11:13 am Chicago, Illinois Legal Battles Escalate for Home About Exclusive Areas Articles Contact 800-672-3103 Advertise \ue859 2/17/25, 3:19 Appeals Court Says Professor\u2019s \u201cSuck my D*ck\u201d Comment is Sexual Harassment | USAttorneys.com 4/8 When an accident or any form of injustice is suffered, obtaining an attorney quickly is critical to ensuring a positive outcome for your case \u2013 and that\u2019s exactly what we\u2019re here to help you with. USAttorneys.com is your one-stop-shop to find any kind of lawyer you might need to assist you with your legal matters. We\u2019ve got you covered, whether Finding a Lawyer Should Be Simple Chicago Blackha May 16, 2024 - 11 Tesla Settles Har May 16, 2024 - 11 Legal Dynamics i May 16, 2024 - 9:4 Exploring Legal May 14, 2024 - 9:2 Home About Exclusive Areas Articles Contact 800-672-3103 Advertise \ue859 2/17/25, 3:19 Appeals Court Says Professor\u2019s \u201cSuck my D*ck\u201d Comment is Sexual Harassment | USAttorneys.com 5/8 you are seeking an accident attorney following a car crash, medical malpractice attorney after losing a loved one during surgery, or a tax attorney to fight back against the IRS. Free Answers Lawyers are ready to answer your question. Click Here Find a Lawyer Attorneys, Lawyers and Law Firms Click Here \ue805Free, Personalized Answers \uf103Find The Best Lawyer Home About Exclusive Areas Articles Contact 800-672-3103 Advertise \ue859 2/17/25, 3:19 Appeals Court Says Professor\u2019s \u201cSuck my D*ck\u201d Comment is Sexual Harassment | USAttorneys.com 6/8 Home About Exclusive Areas Articles Contact 800-672-3103 Advertise \ue859 2/17/25, 3:19 Appeals Court Says Professor\u2019s \u201cSuck my D*ck\u201d Comment is Sexual Harassment | USAttorneys.com 7/8 \u00a9 Copyright - Sexual Harassment Lawyers - USAttorneys Home About Exclusive Areas Articles Contact 800-672-3103 Advertise \ue859 2/17/25, 3:19 Appeals Court Says Professor\u2019s \u201cSuck my D*ck\u201d Comment is Sexual Harassment | USAttorneys.com 8/8", "7557_103.pdf": "Become HuffPost Member Today \u2014 And Go Ad Free! See More Fired Professor Robert Ammon Jr. Rightfully Terminated After Sexual Harassment, Court Finds Court Upholds Professor's Firing Over Sex Talk With Students Jun 11, 2013, 12:29 An appeals court has upheld Slippery Rock University's right to fire a professor who got drunk and made sexual comments to students during a spring break trip he had supervised. The Pennsylvania university dismissed professor Robert Ammon Jr. in July 2010 after an investigation into his behavior on a trip to Spain he had chaperoned in March that same year. Go Ad-Free 2/17/25, 3:19 Fired Professor Robert Ammon Jr. Rightfully Terminated After Sexual Harassment, Court Finds | HuffPost College 1/4 After the trip, a female student who had attended claimed that Ammon one night had become intoxicated at a Madrid bar, had asked the students about their number of sexual partners and had said he had slept with more than 100 people, including five after he was married, according to court documents. The student also said that later that night, when she asked Ammon who his favorite student was, he answered that another female student would be his favorite \"if she sucked his d--k.\" The first official report of the incident came to the university from Ammon himself, who approached a dean after the student discussed the matter with Ammon upon returning from Spain. The student's mother later made an official report as well. Court documents say that in his talk with the dean, Ammon \"admitted making improper and unprofessional statements, but he characterized them as 'trash talk' and not sexual harassment.\" Ammon and a faculty union challenged his firing, and an arbitrator ruled in Ammon's favor in April 2012, saying that Slippery Rock University did not follow the proper channels to adequately notify Ammon about the disciplinary action he faced. But the arbitrator's ruling was overturned by the Commonwealth Court of Pennsylvania on June 7. The decision said that Ammon had full opportunity to properly defend himself against the charges, and that the incident in Spain was especially egregious, considering Ammon had already been reprimanded by the school for sexual harassement in 2006. Ammon's \"position as head of the Sport Management department places him in a position of repeated exposure to female students, and he continued his inappropriate behavior after he was disciplined in 2006 for similar conduct, which indicates a substantial risk that 2/17/25, 3:19 Fired Professor Robert Ammon Jr. Rightfully Terminated After Sexual Harassment, Court Finds | HuffPost College 2/4 female students will be subjected to similar action in the future,\" court documents said. Go Ad-Free \u2014 And Protect The Free Press The next four years will change America forever. But HuffPost won't back down when it comes to providing free and impartial journalism. For the first time, we're offering an ad-free experience to qualifying contributors who support our fearless newsroom. We hope you'll join us Already contributed? Log in to hide these messages. (Hat tip, Inside Higher Ed Suggest a correction | Submit a tip At Least 9 People Are Dead, Including 8 In Kentucky, In Latest Blast Of Winter Weather 2/17/25, 3:19 Fired Professor Robert Ammon Jr. Rightfully Terminated After Sexual Harassment, Court Finds | HuffPost College 3/4 Pete Davidson Casually Mentions Ex Ariana Grande \u2014 And 'It's All Love Mayor Says Her Ghana Trip Ahead Of Deadly Fires Was 'Absolutely Mistake \u2018Saturday Night Live\u2019 Celebrates 50 Years With Comedy, Music And Show\u2019s Many, Many Famous Friends Part of HuffPost News. \u00a92025 BuzzFeed, Inc. All rights reserved. The Huffington Post 2/17/25, 3:19 Fired Professor Robert Ammon Jr. Rightfully Terminated After Sexual Harassment, Court Finds | HuffPost College 4/4", "7557_104.pdf": "Case Law ( Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll. Decision Date 07 June 2013 Citation 71 A.3d 353 Parties EDUCATION, Petitioner v FACULTY, Respondent. Court Pennsylvania Commonwealth Court Your World of Legal Intelligence (/) United States | 1-800-335-6202 Document Cited authorities 9 Cited in 15 Precedent Map Related 71 A.3d 353 EDUCATION, Petitioner v FACULTY, Respondent. Commonwealth Court of Pennsylvania. Argued Sept. 11, 2012. Decided June 7, 2013 Michael S. Ferguson, Harrisburg, for petitioner. James L. Cowden, Harrisburg, for respondent. BEFORE: LEADBETTER, Judge, McCULLOUGH, Judge, and COLINS, Senior Judge Judge McCULLOUGH. Factual Background Slippery Rock University of Pennsylvania, Pennsylvania State System of Higher Education (University), petitions for review of the April 11, 2012 arbitration award which sustained a grievance filed by the Association of Pennsylvania State College and University Faculties (Union) on behalf of Robert Ammon, Jr uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 (Grievant). The arbitration award orders Grievant's reinstatement as a full professor and chair of the University's Sports Management Department with no loss of benefits and back pay as well as the purging from the University's files, including Grievant's personnel file, of any reference to Grievant's offensive and inappropriate conduct toward University students who were entrusted to his care and supervision while on a field trip to Spain. As the award is not rationally derived from the subject collective bargaining agreement and contravenes public policy, we vacate the arbitrator's award and reinstate Grievant's termination. The University is one of 14 schools operated by the Pennsylvania State System of Higher Education (PASSHE). On behalf of the University negotiated a collective bargaining agreement (CBA) with the Union. The governed all aspects of faculty discipline and termination, including the manner in which investigations of complaints about faculty members would be conducted. Grievant was a tenured professor at the University and director of its Sports Management program. In March 2010, Grievant took 19 undergraduate and graduate students on a spring break trip to Spain. Upon returning from the trip, Grievant met with each student individually to discuss his or her experiences and to solicit feedback on how to improve the trip in future years. During Grievant's interview with Student T,1 she informed Grievant that he had been \u201cunprofessional, a hypocrite, and disgusting\u201d one evening at a bar in Madrid when he asked each student how many sexual partners they have had.2 (Arbitrator's Award at 2.) She said he then told the students that he had had over 100 sex partners, five of them after he was married. Student told Grievant that the conversation made her uncomfortable and she did not answer, but other students did. Student also told Grievant that later that same evening, while sitting with a group of students, she asked Grievant who his favorite student was, and he responded by stating that Student \u201cwould be his favorite student if she s----d his d--k.\u201d ( Id.) While Grievant did not make the comment directly to Student X, she was in the group of students sitting with Student T. There was also a third incident, in Barcelona, where Grievant used the \u201cf-word\u201d in response to a question by Student about room assignments. However, he apologized to her a short time later for his outburst. Grievant was shocked and upset at hearing these allegations and attributed his conduct to being intoxicated. However, he did not dispute any of the allegations. ( Id. at 8.) Grievant immediately apologized to Student and asked her what he could do to resolve the matter. She suggested he apologize to all the female students on the trip and speak with her mother because she had informed her mother of what Grievant said on the trip and her mother was upset. ( Id.) Grievant held a group meeting where he apologized to all the students for his behavior. Approximately one week later, Grievant met with Student T's mother, who threatened to inform the school's administration of his conduct if he did not do so of his own accord. ( Id. at 6\u20138.) Grievant self-reported his actions to Dean Kathleen Strickland on April 7, 2010. ( Id. at 3\u20134.) He recounted what he remembered saying and what he was told he said. Grievant noted that he was intoxicated; however, he did not understand why the students were upset and claimed he was just joking. ( Id.) Grievant appeared to be upset and nervous as he informed Dean Strickland of this situation, which was not his first incident of misconduct at the University. ( Id.) Grievant explained to Dean Strickland that in 2006 he was reprimanded for sexually harassing a student and agreed that he would resign if such conduct were to occur in the future. However, Grievant quickly noted that he did not believe his statements in this instance amounted to sexual harassment. The arbitrator notes in his decision that in addition to Grievant reporting the matter to Dean Strickland, Student T's mother did as well. ( Id. at 4, 14). Further, the arbitrator states that Student reported the matter to the school administration when school officials contacted her after speaking to Student T's mother. ( Id. at 3 uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 Dean Strickland contacted Provost William Williams for guidance. Provost Williams directed her to conduct an investigation into the allegations. Dean Strickland investigated by interviewing sixteen of the students that went on the trip and Student T's mother. Based upon the results of this investigation, Dean Strickland prepared a report on May 12, 2010, summarizing what the students and Student T's mother claimed Grievant said. Pursuant to Dean Strickland's report, Provost Williams sent Grievant a letter on May 20, 2010, informing him that a formal investigation was being conducted into his inappropriate behavior during the spring break trip and notifying him that he was to attend an investigatory interview on May 27, 2010. (Reproduced Record (R.R.) at 502.) 3 Grievant attended the investigatory interview, along with a Union representative, and offered his side of the story. Grievant admitted making improper and unprofessional statements, but he characterized them as \u201ctrash talk\u201d and not sexual harassment. Following this interview, Provost Williams sent a letter to University President Robert Smith on June 14, 2010, recommending that formal discipline against Grievant be considered. On June 17, 2010, President Smith sent Grievant a letter stating that he was to attend a pre-disciplinary meeting to discuss potential discipline arising from his actions, which Grievant attended. (R.R. at 512.) By letter dated July 9, 2010, the University notified Grievant that he was terminated, effective July 30, 2010, for his \u201cunprofessional conduct during the spring 2010 trip to Spain, namely by becoming intoxicated with University students and making inappropriate sexual comments to and about students.\u201d (R.R. at 523.) The letter also noted that this was Grievant's second offense and that he had previously been disciplined for engaging in similar behavior. The Union filed a grievance and ultimately sought arbitration on Grievant's behalf, alleging that the University violated Articles 15 and 43 of the CBA. An arbitrator held a hearing over three days and framed the sole issue as whether there was just cause to discipline and discharge Grievant. (Arbitrator's Award at 13.) On April 4, 2012, the arbitrator issued an award sustaining the grievance. In sustaining the grievance, the arbitrator found that \u201cthe just cause issue is inextricably interlaced in a pattern of procedural indiscretion and substantive irregularities,\u201d the most troubling of which was the University's failure to issue a complaint to Grievant as was required by Article 43 of the CBA. (Arbitrator's Award at 13.) The arbitrator stated that Article 43 requires that \u201ca complaint, verbal or written\u201d be made so as to provide faculty members with notice \u201cof the grounds for investigating what is claimed or alleged.\u201d ( Id. at 14.) However, the arbitrator concluded that, in this case, there was no complainant and no complaint was ever provided to Grievant. The arbitrator stated that the May 20, 2010 letter sent to Grievant by Provost Williams did not meet the standards of Article 43 because it did not set forth specific allegations or identify a complainant. ( Id. at 15.) Moreover, the arbitrator concluded that: [a] complaint is an integral part of faculty procedural due process in disciplinary matters which not only provides notice of an adverse action but also identifies the adversary.... After conducting an investigation there was nobody to complain ... [n]either did the Employer act as complainant for violation of any rule or policy of the University. Someone must take responsibility for the claim or claims against an accused faculty member complaint initiates the process, without it there is nothing to investigate. ( Id. at 15.) In reaching this conclusion, the arbitrator rejected the University's argument that Grievant was a self-complainant as \u201cfolly\u201d and \u201cunpersuasive.\u201d ( Id. at 14.) The arbitrator also noted that Grievant's termination letter states that he was terminated for \u201cunprofessional conduct with students in Spain by being intoxicated with them and having made sexual comments to and about them which were inappropriate.\u201d ( Id. at 15.) Thus, he concluded that the University never claimed the Grievant's conduct amounted to sexual harassment, nor was he discharged for sexual harassment. The arbitrator noted that it was appropriate for the University to consider uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 To continue reading Request your trial Grievant's prior disciplinary history, but concluded that it was improper for the University, in the current instance, to characterize Grievant's actions as a second violation of its sexual harassment policy. ( Id. at 15.) Accordingly, the arbitrator directed the University to do the following: (1) reinstate Grievant to his former tenured position, with no loss of earnings or benefits; (2) set off any earnings Grievant made while separated from what the uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 16 cases Search in 16 citing cases \uf014 Millcreek Twp. Sch. Dist. v. Millcreek Twp. Educ. Support Pers. Ass'n ( law.vlex.com/vid/millcreek-twp-sch-dist-892944168) United States Pennsylvania Commonwealth Court February 13, 2018 ...v. Neshaminy Fed'n of Teachers , 171 A.3d 334 (Pa. Cmwlth. 2017) ( Neshaminy ); Slippery Rock Univ. of Pa., Pa. State Sys. of Higher Educ. v. Ass'n of Pa. State College & Univ. Faculty , 71 A.3d 353 (Pa. Cmwlth. 2013) ; Bethel Park.The public policy exception requires the application of ...... Sch. Dist. of Phila. v. Commonwealth Ass'n of Sch. Adm'rs ( phila-893777675) United States Pennsylvania Commonwealth Court April 25, 2017 ...v. Teamsters Local Union No. 77 , 87 A.3d 904, 911 (Pa. Cmwlth. 2014) (quoting Slippery Rock Univ. of Pa., Pa. State Sys. of Higher Educ. v. Ass'n of Pa. State Coll. and Univ. Faculty , 71 A.3d 353, 358 (Pa. Cmwlth.), appeal denied , 623 Pa. 758, 83 A.3d 169 (2013) ). Accordingly, the trial...... Neshaminy Sch. Dist. v. Neshaminy Fed'n of Teachers ( dist-v-891724656) United States Pennsylvania Commonwealth Court September 18, 2017 ...or punishing stimulus.\" Id.8 Union also argues that Slippery Rock University of Pennsylvania, Pennsylvania State System of Higher Education v. Association of Pennsylvania State College and University Faculty, 71 A.3d 353, 365 (Pa. Cmwlth. 2013), and Bethel Park School District v. Bethel Par...... Pittsburgh Bd. of Pub. Educ. v. Pittsburgh Fed'n of Teachers ( bd-of-pub-893582351) United States Pennsylvania Commonwealth Court December 17, 2014 ...circumstances at hand and the factual findings of the arbitrator.\u201dSlippery Rock University of Pennsylvania v. Association of Pennsylvania State College and University Faculty, 71 A.3d 353, 364 (Pa.Cmwlth.), appeal denied, \u2013\u2013\u2013 Pa. \u2013\u2013\u2013\u2013, 83 A.3d 169 (2013) (citation omitted).Here, the Board a...... Request a trial to view additional results uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 1-800-335-6202 Terms of use ( \u00a92025 vLex.com All rights reserved uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041", "7557_105.pdf": "v (2013) Commonwealth Court of Pennsylvania EDUCATION, Petitioner v FACULTY, Respondent. No. 855 C.D.2012. Decided: June 07, 2013 BEFORE: LEADBETTER, Judge, and McCULLOUGH, Judge, and COLINS, Senior Judge. Michael S. Ferguson, Harrisburg, for petitioner. James L. Cowden, Harrisburg, for respondent. Factual Background Slippery Rock University of Pennsylvania, Pennsylvania State System of Higher Education (University), petitions for review of the April 11, 2012 arbitration award which sustained a grievance filed by the Association of Pennsylvania State College and University Faculties (Union) on behalf of Robert Ammon, Jr. (Grievant). The arbitration award orders Grievant's reinstatement as a full professor and chair of the University's Sports Management Department with no loss of benefits and back pay as well as the \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/17/25, 3:19 v. ASSOCIATI\u2026 1/21 purging from the University's files, including Grievant's personnel file, of any reference to Grievant's offensive and inappropriate conduct toward University students who were entrusted to his care and supervision while on a field trip to Spain. As the award is not rationally derived from the subject collective bargaining agreement and contravenes public policy, we vacate the arbitrator's award and reinstate Grievant's termination. The University is one of 14 schools operated by the Pennsylvania State System of Higher Education E). On behalf of the University negotiated a collective bargaining agreement (CBA) with the Union. The governed all aspects of faculty discipline and termination, including the manner in which investigations of complaints about faculty members would be conducted. Grievant was a tenured professor at the University and director of its Sports Management program. In March 2010, Grievant took 19 undergraduate and graduate students on a spring break trip to Spain. Upon returning from the trip, Grievant met with each student individually to discuss his or her experiences and to solicit feedback on how to improve the trip in future years. During Grievant's interview with Student T,1 she informed Grievant that he had been \u201cunprofessional, a hypocrite, and disgusting\u201d one evening at a bar in Madrid when he asked each student how many sexual partners they have had.2 (Arbitrator's Award at 2.) She said he then told the students that he had had over 100 sex partners, five of them after he was married. Student told Grievant that the conversation made her uncomfortable and she did not answer, but other students did. Student also told Grievant that later that same evening, while sitting with a group of students, she asked Grievant who his favorite student was, and he responded by stating that Student \u201cwould be his favorite student if she s\u2013\u2013\u2013\u2013d his d\u2014k.\u201d (Id.) While Grievant did not make the comment directly to Student X, she was in the group of students sitting with Student T. There was also a third incident, in Barcelona, where Grievant used the \u201cf- word\u201d in response to a question by Student about room assignments. However, he apologized to her a short time later for his outburst. Grievant was shocked and upset at hearing these allegations and attributed his conduct to being intoxicated. However, he did not dispute any of the allegations. (Id. at 8.) Grievant immediately apologized to Student and asked her what he could do to resolve the matter. She suggested he apologize to all the female students on the trip and speak with her mother because she had informed her mother of what Grievant said on the trip and her mother was upset. (Id.) Grievant held a group meeting where he apologized to all the students for his behavior. Approximately one week later, Grievant met with Student T's mother, who threatened to inform the school's administration of his conduct if he did not do so of his own accord. (Id. at 6\u20138.) Grievant self-reported his actions to Dean Kathleen Strickland on April 7, 2010. (Id. at 3\u20134.) He recounted what he remembered saying and what he was told he said. Grievant noted that he was intoxicated; 2/17/25, 3:19 v. ASSOCIATI\u2026 2/21 however, he did not understand why the students were upset and claimed he was just joking. (Id.) Grievant appeared to be upset and nervous as he informed Dean Strickland of this situation, which was not his first incident of misconduct at the University. (Id.) Grievant explained to Dean Strickland that in 2006 he was reprimanded for sexually harassing a student and agreed that he would resign if such conduct were to occur in the future. However, Grievant quickly noted that he did not believe his statements in this instance amounted to sexual harassment. The arbitrator notes in his decision that in addition to Grievant reporting the matter to Dean Strickland, Student T's mother did as well. (Id. at 4, 14). Further, the arbitrator states that Student reported the matter to the school administration when school officials contacted her after speaking to Student T's mother. (Id. at 3). Dean Strickland contacted Provost William Williams for guidance. Provost Williams directed her to conduct an investigation into the allegations. Dean Strickland investigated by interviewing sixteen of the students that went on the trip and Student T's mother. Based upon the results of this investigation, Dean Strickland prepared a report on May 12, 2010, summarizing what the students and Student T's mother claimed Grievant said. Pursuant to Dean Strickland's report, Provost Williams sent Grievant a letter on May 20, 2010, informing him that a formal investigation was being conducted into his inappropriate behavior during the spring break trip and notifying him that he was to attend an investigatory interview on May 27, 2010. (Reproduced Record (R.R.) at 502.)3 Grievant attended the investigatory interview, along with a Union representative, and offered his side of the story. Grievant admitted making improper and unprofessional statements, but he characterized them as \u201ctrash talk\u201d and not sexual harassment. Following this interview, Provost Williams sent a letter to University President Robert Smith on June 14, 2010, recommending that formal discipline against Grievant be considered. On June 17, 2010, President Smith sent Grievant a letter stating that he was to attend a pre-disciplinary meeting to discuss potential discipline arising from his actions, which Grievant attended. (R.R. at 512.) By letter dated July 9, 2010, the University notified Grievant that he was terminated, effective July 30, 2010, for his \u201cunprofessional conduct during the spring 2010 trip to Spain, namely by becoming intoxicated with University students and making inappropriate sexual comments to and about students.\u201d (R.R. at 523.) The letter also noted that this was Grievant's second offense and that he had previously been disciplined for engaging in similar behavior. The Union filed a grievance and ultimately sought arbitration on Grievant's behalf, alleging that the University violated Articles 15 and 43 of the CBA. An arbitrator held a hearing over three days and framed the sole issue as whether there was just cause to discipline and discharge Grievant. (Arbitrator's Award at 13.) On April 4, 2012, the arbitrator issued an award sustaining the grievance. In sustaining the grievance, the arbitrator found that \u201cthe just cause issue is inextricably interlaced in a pattern of procedural indiscretion and substantive irregularities,\u201d the most troubling of which was the 2/17/25, 3:19 v. ASSOCIATI\u2026 3/21 University's failure to issue a complaint to Grievant as was required by Article 43 of the CBA. (Arbitrator's Award at 13.) The arbitrator stated that Article 43 requires that \u201ca complaint, verbal or written\u201d be made so as to provide faculty members with notice \u201cof the grounds for investigating what is claimed or alleged.\u201d (Id. at 14.) However, the arbitrator concluded that, in this case, there was no complainant and no complaint was ever provided to Grievant. The arbitrator stated that the May 20, 2010 letter sent to Grievant by Provost Williams did not meet the standards of Article 43 because it did not set forth specific allegations or identify a complainant. (Id. at 15.) Moreover, the arbitrator concluded that: [a] complaint is an integral part of faculty procedural due process in disciplinary matters which not only provides notice of an adverse action but also identifies the adversary\u2024 After conducting an investigation there was nobody to complain \u2024 [n]either did the Employer act as complainant for violation of any rule or policy of the University. Someone must take responsibility for the claim or claims against an accused faculty member complaint initiates the process, without it there is nothing to investigate. (Id. at 15.) In reaching this conclusion, the arbitrator rejected the University's argument that Grievant was a self-complainant as \u201cfolly\u201d and \u201cunpersuasive.\u201d (Id. at 14.) The arbitrator also noted that Grievant's termination letter states that he was terminated for \u201cunprofessional conduct with students in Spain by being intoxicated with them and having made sexual comments to and about them which were inappropriate.\u201d (Id . at 15.) Thus, he concluded that the University never claimed the Grievant's conduct amounted to sexual harassment, nor was he discharged for sexual harassment. The arbitrator noted that it was appropriate for the University to consider Grievant's prior disciplinary history, but concluded that it was improper for the University, in the current instance, to characterize Grievant's actions as a second violation of its sexual harassment policy. (Id. at 15.) Accordingly, the arbitrator directed the University to do the following: (1) reinstate Grievant to his former tenured position, with no loss of earnings or benefits; (2) set off any earnings Grievant made while separated from what the University owed him for that period of separation; and (3) remove all references to Grievant's termination and the alleged incidents occurring in Spain from his personnel and other University files. (Arbitrator's Award at 17.) The University now appeals to this Court. The University argues that the arbitrator's determination did not draw its essence from the because it added requirements to Article 43 of the and failed to recognize that Grievant received a verbal complaint, which he then self-reported to the University. In the alternative, the University argues that the arbitrator's award violates an established public policy prohibiting sexual harassment or discrimination in educational institutions. 2/17/25, 3:19 v. ASSOCIATI\u2026 4/21 Discussion Our review of arbitration awards is one of deference. State System of Higher Education (Cheyney University) v. State College University Professional Association (PSEA\u2013NEA), 560 Pa. 135, 149, 743 .2d 405, 413 (1999). Generally, the award of the arbitrator will be final and binding upon the parties. Id. at 149\u2013150, 743 A.2d at 413. However, this Court may review an arbitration award for the limited purposes of determining whether the arbitrator's award draws its essence from the collective bargaining agreement or violates an established public policy. Westmoreland Intermediate Unit # 7 v. Westmoreland Intermediate Unit # 7 Classroom Assistants Educational Support Personnel Association, PSEA/NEA, 595 Pa. 648, 665, 939 A.2d 855, 865 (2007) (articulating the public policy exception to the essence test).4 Under the essence test, an arbitration award will be upheld if: (1) the issue, as properly defined, is within the collective bargaining agreement; and (2) the arbitrator's award can be rationally derived from the collective bargaining agreement. Pleasant Valley School District v. Robert D. Schaeffer, 31 A.3d 1241, 1243 (Pa.Cmwlth.2011) (citing State System of Higher Education (Cheyney University), 560 Pa. at 150, 743 A.2d at 413). We may only vacate an arbitrator's award under the essence test \u201cwhere the award indisputably and genuinely is without foundation in, or fails to logically flow from, the collective bargaining agreement.\u201d State System of Higher Education (Cheyney University), 560 Pa. at 150, 743 A.2d at 413. We begin with a review of the relevant provisions of the CBA. Article 5 of the details how grievances are filed. It provides that if a grievance cannot be resolved, the Union may refer it for arbitration. The specifically provides that the arbitrator's award will be final and binding upon the parties. However, Article 5, Section of the also states that, in reaching an award, the arbitrator may not add to, subtract from, or modify the CBA.5 Article 15 of the provides that tenured professors, like Grievant, may only be terminated for \u201cjust cause.\u201d6 It also states that \u201c[i]n the event that the President believes such just cause exists, he/she shall give written notice, specifying the reasons, to the affected [faculty member] and [Union.]\u201d (Id.; R.R. at 486\u201387.) Finally, Article 43 of the outlines the manner in which complaints against faculty members are to be investigated by the University. In relevant part, it provides: The [University] and [Union] recognize that it may be necessary to investigate complaints against prior to making a disciplinary decision. When appropriate, attempts should be made to resolve complaints informally. In those cases in which complaints are not resolved informally, the principles below shall apply: 2/17/25, 3:19 v. ASSOCIATI\u2026 5/21 A. If the University determines to conduct an investigation of a complaint, either verbal or written, it shall be initiated and concluded within a reasonable amount of time\u2024 B. The accused of wrongdoing must receive a copy of the written complaint prior to the commencement of an investigatory interview or pre-disciplinary conference. In the event a written complaint is not submitted, the individual assigned to conduct the investigation shall prepare a written summary and provide a copy of the summary to the prior to commencing an investigatory interview or pre-disciplinary conference. (Article 43 of the CBA, R.R. at 489.) In this case, the arbitrator defined the issue before him as \u201c[w]hether there was just cause to discipline and discharge the grievant?\u201d (Arbitrator's Award at 13.) The issue, as framed by the arbitrator, is clearly within the terms of the since Article 15 provides that tenured professors may only be terminated for \u201cjust cause.\u201d With the first prong of the essence test met, we turn our attention to the second prong, i.e., whether the arbitrator's award is rationally derived from the CBA. The arbitrator based his determination that the University did not have just cause to terminate Grievant on what he perceived was a lack of due process and a failure to comply with the terms of the CBA. Specifically, the arbitrator concluded that the University failed to issue a complaint to Grievant as was required by Article 43 of the CBA, did not identify his accusers, and was not authorized by the to conduct an investigation because a formal written complaint was not filed and there was no complainant. (Arbitrator's Award at 13\u201315.) For the reasons that follow, we conclude that the arbitrator's conclusions cannot rationally be derived from the CBA. Section of Article 43 of the is dispositive. In relevant part, it provides that \u201cprior to the commencement of an investigatory interview or pre-disciplinary conference \u201d a faculty member must receive a written copy of the complaint against him. (Article 43 of the CBA, R.R. at 489) (emphasis added). The arbitrator's decision that the University did not have just cause to terminate Grievant had nothing to do with the facts before him, as they are not in dispute and the record contains ample evidence of the nature of Grievant's conduct toward students under his charge on an overseas school trip and support his termination. It is also noted that this is not the first episode of misconduct of a sexual nature by Grievant toward his students as he was formally reprimanded for sexual harassment in 2006. Rather, the arbitrator's decision is based upon procedural grounds that presuppose that: (i) there was no complaint in this matter, written or verbal; and (ii) that a complaint is a mandatory prerequisite for disciplinary action by the University. Neither of these presumptions is rationally derived from the CBA. 2/17/25, 3:19 v. ASSOCIATI\u2026 6/21 First, the arbitrator found that no complaint had been issued because there was no complainant, and in so doing rejected the University's contention that the Grievant was the complainant as \u201cfolly\u201d. This conclusion has no basis in either the language of the or the facts of this matter. While the provides little specification as to what constitutes a complaint for purposes of Article 43 thereof, it is clear that a complaint need not be in writing, a point which is noted by the arbitrator. (Award at 15). There is nothing in the which specifies that a complaint may be filed only by a third party and for the arbitrator to insert such a provision into the is to open a significant serious loophole to the CBA. It is noteworthy that other than to call the University's position \u201cfolly\u201d and \u201cunpersuasive,\u201d the arbitrator offers no analysis to support these merely conclusory statements. This Court has held in other contexts that a determination based solely on such unsubstantiated, concl usory statements constitutes an abuse of discretion. See, e.g., Croman v. Workers' Compensation Appeal Board (Township of Marple), 706 A.2d 408 (Pa.Cmwlth.1998) (holding that the decision of workers' compensation judge supported only by a concl usory statement constituted an abuse of discretion). The arbitrator makes no finding that Grievant was in any manner prejudiced procedurally because he self-reported his misconduct to the University. On the contrary, given that Grievant was the first to report his transgressions to the University, he most certainly knew what the bases were of the allegations of \u201cinappropriate behavior of a sexual nature towards female students\u201d when the Provost informed Grievant by letter dated May 20, 2012 that he was being investigated. There is simply no logical basis to conclude that Grievant was denied a reasonable and fair opportunity to defend himself. Further, the arbitrator ignores his own conclusion that Grievant reported his misconduct only because Student T's mother threatened to do so if he did not. Clearly, Grievant reported himself to the University to avert the \u201ccomplaint\u201d being made directly by the victim's mother. He should not be able to avoid discipline on the basis that there was not a complaint when he injected himself into the process in an attempt to forestall the victim's mother from complaining directly. Regardless, it is clear from the record and is noted by the arbitrator that the mother did in fact make a complaint directly to the University when she contacted the Dean. Hence, if a complaint must be filed as a prerequisite to discipline under the CBA, that is satisfied by the mother's complaint to the Dean. There are two other additional bases that demonstrate that the arbitrator could not rationally conclude that a complaint did not exist. First, Student herself complained of Grievant's misconduct when she confronted him with it. Grievant was the chair of one of the University's departments. If a student had complained to him of similar misconduct of one of the other faculty members within his department, there would arise a similar obligation to report it to the administration. Again, there is nothing in the or the record to suggest that Grievant is entitled to different treatment because he was the actor as opposed to a third party faculty member. Second, as the arbitrator notes, Student herself reported the matter to University officials when she was contacted by them. Considering Student T's report to be other than a complaint for purposes of Article 43 cannot be rationally derived from the CBA. 2/17/25, 3:19 v. ASSOCIATI\u2026 7/21 Similarly, the arbitrator's conclusion that a complaint under Article 43 is a pre-condition before disciplinary action may be commenced under Article 15 of the is not rationally derived from the clear language thereof. Article 15, Section F. 1 (emphasis added) provides that discipline may be commenced in the event the President \u201cbelieves such just cause exists.\u201d The arbitrator points to no provision in Article 15 that ties the President's hands from taking disciplinary action unless someone files a complaint under Article 43, nor is there any provision cited by the arbitrator in Article 43 to that effect. Hence, even if the arbitrator's conclusion that no complaint was filed was rationally based upon the CBA, there is simply no rational or logical basis to conclude that disciplinary action cannot be commenced without a complaint. Again, there is nothing in the record to suggest that Grievant was in any way prejudiced by the process which was undertaken in this matter. On the contrary, Grievant received the due process that is provided for in the CBA. As set forth in Article 43, section B: [i]n the event a written complaint is not submitted,\u201d i.e ., in the case of verbal complaints, the person who is to conduct the investigation will \u201cprovide a copy of the summary [of the complaint] to the prior to commencing an investigatory interview or pre-disciplinary conference. (Id.)(emphasis added). Article 43 of the expressly anticipates verbal complaints against faculty members and provides that, in instances where there is not a formal written complaint or a complainant, a copy of the written summary of the verbal complaint made against the faculty member will suffice. Therefore, since the initial complaints by Student (to Grievant) and Grievant (to Dean Strickland) were verbal, there were no formal written complaints that needed to be provided to Grievant. Rather, the University only needed to provide him with a summary of the allegations against him if it chose to pursue disciplinary action. Moreover, since Grievant was a self-complainant, and had received verbal complaints directly from Student and her mother, the complaint requirements had also already been met in this manner. Article 43 of the only requires that a copy of the formal written complaint or a copy of the summary of the complaint be provided prior to commencing an investigatory interview or pre-disciplinary conference.\u201d (Id.) (emphasis added).7 The University clearly complied with this mandate. On May 20, 2010, Provost Williams sent a letter to Grievant stating that an investigation under Article 43 was being conducted and he was to attend an investigatory interview on May 27, 2010. In this letter, Provost Williams explained the circumstances surrounding the investigation, stating in part as follows: It has been alleged, that while on an international trip to Spain over Spring Break this past March, you made several inappropriate remarks to sport management students, including remarks of a sexual nature. Some of these comments offended the students; others indicated it was unprofessional. It should be noted that this matter first came to the [Dean Strickland's] attention based on the self disclosure of concerns with your own behavior while on the trip to Spain. Additionally, there is an 2/17/25, 3:19 v. ASSOCIATI\u2026 8/21 allegation that you inappropriately swatted a student on her buttock during the spring semester 2010 while on campus. The student did not find this action welcoming on your part. [Dean Strickland] has completed an inquiry based on your self-disclosure concerns with your own behavior on the trip. The Dean has forwarded her findings to my office. Based on the information received believe there is sufficient reason to meet with you. Prior to our meeting, please review the attached summary of the completed inquiry along with a copy of the University's sexual harassment policy. (R.R. at 502.) The University also sent Grievant a letter on June 17, 2010, prior to his pre-disciplinary meeting with President Smith, which summarized the allegations against him: This is notification of a pre-disciplinary meeting scheduled for Thursday, June 24, 2010 at 10:30 a.m. in my office to discuss allegations of your inappropriate behavior. It has been alleged, while on a spring study abroad trip in Spain, you engaged in drinking with students to the point of intoxication and making inappropriate comments of a sexual nature to and about students copy of the Dean's findings and a copy of the University's sexual harassment policy are enclosed for your review. You have previously reviewed this same information prior to your meeting with the Provost on May 27, 2010. At our meeting, please be prepared to provide me your explanation of these allegations. Since this meeting could result in disciplinary action up to and including termination, you are permitted to have [a Union] representative present at this meeting. (R.R. at 512.) Because Provost Williams' and President Smith's letters provided Grievant a summary of the allegations against him, prior to both the investigatory interview and the pre-disciplinary meeting, the University complied with the plain language of the CBA. However, in addition to the arbitrator's dismissal of Grievant as a self-complainant nant as \u201cfolly,\u201d the arbitrator found both of these notices to be insufficient under Article 43. In doing so, the arbitrator interpreted the to require that Grievant be provided notice prior to the University commencing any investigation whatsoever. Such an interpretation cannot rationally be derived from the plain language of the CBA. First, the only requires notice prior to an investigatory interview or a pre-disciplinary conference. Second, the facts of this case establish that Grievant was provided with the necessary due process under Article 43. Here, Student complained directly to Grievant. Grievant tried to informally remedy the situation by apologizing. However, Student T's mother did not believe this was sufficient and told Grievant to self-report his conduct to the University or she would lodge a formal complaint. Grievant then self-reported his conduct to the University. Thus, he was the individual who provided the initial verbal 2/17/25, 3:19 v. ASSOCIATI\u2026 9/21 complaint to the University. Since he made the initial complaint, Grievant was aware of the allegations against him and even admitted making some of the alleged improper statements. Because Grievant self-reported, Dean Strickland conducted an \u201cinvestigation\u201d to verify the misconduct he described. Once Grievant's account was verified, the University provided Grievant with formal notice of all of his alleged wrongdoings prior to holding its formal investigatory interview and pre-disciplinary conference. Therefore, the record demonstrates that the University complied with the procedural requirements of Article 43 of the CBA. Accordingly, the arbitrator's award was contrary to, and cannot be rationally derived from, the plain language of the CBA.8 Moreover, even if we were to find that the arbitrator's decision drew its essence from the CBA, the award of the arbitrator, finding no just cause and ordering full reinstatement, clearly implicates and violates a well-defined public policy of this Commonwealth and the United States. An award must be vacated if it explicitly conflicts with a well-defined public policy. Stroehman Bakeries, Inc. v. Local 76, International Brotherhood of Teamster, 969 F.2d 1463, 1441 (3d. Cir.1992). Title of the Education Amendments of 1972 (Title IX), 20 U.S.C. \u00a7 1681(a), prohibits sex discrimination \u201cunder any education program or activity receiving Federal financial assistance.\u201d Given that the transgressions at issue in the subject grievance are of a sexual nature perpetrated against a student(s) at one of the Commonwealth's universities within the by an individual who was not only a full professor but also a department chair, we must reject the arbitration award on compelling public policy grounds. The clearly established public policy and duty to protect students from sexual discrimination in any form has long been recognized.9 Recently, this Court applied the public policy exception to the essence test, explaining that an arbitration award will not be upheld if it contravenes public policy. City of Bradford v. Teamsters Local Union No. 110, 25 A.3d 408, 413 (Pa.Cmwlth.2011). We noted that public employees, as well as their employers, owe their duty of fidelity to the citizens and must act with concern for the citizens' welfare. Id. In ascertaining whether a violation of public policy has occurred, we look to the policy implications of the arbitration award. Id. at 413\u201314. In City of Bradford, we held that application of the public policy exception requires a three-step analysis: First, the nature of the conduct leading to the discipline must be identified. Second, we must determine if that conduct implicates a public policy which is well-defined, dominant, and ascertained by reference to the laws and legal precedents and not from general considerations of supposed public interests. Third, we must determine if the arbitrator's award poses an unacceptable risk that it will undermine the implicated policy and cause the public employer to breach its lawful obligations or public duty, given the particular circumstances at hand and the factual findings of the arbitrator. Id. at 414 (internal citations omitted). We identified the conduct leading to discipline as a public employee's theft10 and noted that theft clearly implicated a well-defined public policy because not only is 2/17/25, 3:19 v. ASSOCIATI\u2026 10/21 theft illegal, but theft by a public employee undermines the safety and welfare of Pennsylvania citizens. Id. at 414\u201315. However, the arbitrator considered the employee's good work history and restitution of the stolen money, and reduced his discipline from termination to a lengthy suspension without pay. We held that this arbitration award did not pose a significant risk of undermining the public policy against theft or the city's ability to serve its citizens. Id. at 415. In Philadelphia Housing Authority v. American Federation of State, County and Municipal Employees, 956 A.2d 477 (Pa.Cmwlth.2008), affirmed, \u2013\u2013\u2013 Pa. \u2013\u2013\u2013\u2013, 52 .3d 1117 (2012), we applied the public policy exception to the essence test and refused to enforce an arbitrator's award reinstating a terminated employee who had committed egregious sexual harassment against a coworker. The employee was employed by Philadelphia Housing Authority (PHA). The employee's female coworker complained of several instances of sexual harassment over the course of 14 months, including touching and inappropriate sexual comments, and PHA's Equal Employment Office ultimately discharged the employee for his pattern of sexual harassment in violation of its sexual harassment and discrimination policy. Id. at 480. The employee filed a grievance and a hearing was held before an arbitrator. Despite determining that the employee's misconduct was lewd, lascivious, and extraordinarily perverse, the arbitrator determined that did not establish just cause for terminating him and awarded the employee reinstatement with backpay. Id. at 481. On PHA's appeal to this Court, we held that the arbitrator's award violated the clear public policy against workplace sexual harassment. The employee's conduct, repeated instances of sexual harassment, violated the public policy against sexual harassment established by Title of the Civil Rights Act of 1964 (Title I), 42 U.S.C. \u00a7\u00a7 2000e\u20132000e\u201317, multiple cases, and the Equal Employment Opportunity Commission's regulations and guidelines. Id. at 483. Furthermore, we held that because the arbitrator's award of reinstatement precluded from following its sexual harassment and discrimination policy and protecting its employees from sexual harassment in the workplace, it violated Title I, and denied the ability to discipline its employee for sexual harassment, placing is violation of Title VII. Id. at 487. An arbitration award that violated Title of the Civil Rights Act of 1964 was against public policy and could not be enforced. Title provides that \u201c[n]o person in the United States shall \u2024 be subjected to discrimination under any education program or activity receiving federal financial assistance.\u201d 20 U.S.C. \u00a7 1681(a). Title imposes a duty on schools that receive federal money, such as Slippery Rock University of Pennsylvania, not to discriminate on the basis of sex. Franklin v. Gwinnet County Public Schools, 503 U.S. 60, 75 (1992). The public policy against sexual discrimination, particularly of a student by an educator, is well- defined and rooted in the law. Here, the conduct leading to Grievant's ultimate termination was his inappropriate sexual remarks and comments of a sexual nature to and about female students. The July 9, 2010 termination letter made 2/17/25, 3:19 v. ASSOCIATI\u2026 11/21 clear that Grievant was being terminated for his unprofessional conduct during the Spain trip, namely by becoming intoxicated with University students and making inappropriate sexual comments to and about students, as well as the fact that this was the second time that Grievant admitted to engaging in similar behavior, the first of which resulted in a letter of reprimand. The public places its confidence and trust in Commonwealth educators, and an educator violates this trust when he engages in discriminatory behavior with students who are placed in his care. The Commonwealth and United States have a long- standing and well-defined public policy against sexual discrimination, and Grievant's conduct clearly implicates and violates this public policy. The award in this case poses a substantial risk of undermining this public policy and also prevents the University from properly implementing its policy prohibiting such behavior; the arbitrator reinstated Grievant with no consequences for his proscribed misconduct. Furthermore, Grievant's position as head of the Sport Management department places him in a position of repeated exposure to female students, and he continued his inappropriate behavior after he was disciplined in 2006 for similar conduct, which indicates a substantial risk that female students will be subjected to similar action in the future. The implications of allowing public university employees to violate not only the trust of the students and employers, but also the general public, contravene long- standing public policy. To deny the University the ability to appropriately discipline Grievant for his conduct would place the University in violation of Title IX. Just as an arbitration award that violated Title of the Civil Rights Act of 1964 was against public policy and could not be enforced in Philadelphia Housing Authority, here an award that violates Title is against public policy and cannot be enforced. Having concluded that the arbitrator's award was not rationally derived from the entered into by the University and Union, and in any event is a violation of clearly established public policy, we reverse the arbitration award NOW, this 7th day of June, 2013, the arbitration award entered on April 11, 2012, in the above captioned matter is hereby reversed. The termination of Robert Ammon, Jr., as a faculty member of Slippery Rock University of Pennsylvania is reinstated respectfully dissent from the Majority opinion would find that the arbitrator's award is rationally derived from the terms of the and, therefore, would not impose on the parties our own interpretation. The Majority holds that the Grievant self-reported his conduct and, thus, he submitted the \u201ccomplaint\u201d that is required under Article 43 of the before the University may proceed with disciplining an employee. The arbitrator expressly rejected this interpretation of the and its factual underpinnings. There is no language in the that defines the term \u201ccomplaint,\u201d thus how the parties employ that term is subject to interpretation through grievance arbitration. The arbitrator found that after Student 2/17/25, 3:19 v. ASSOCIATI\u2026 12/21 confronted Grievant with his conduct, Grievant apologized and \u201creasonably believed the matter was closed.\u201d \u201cEveryone he reached without exception accepted his apology and no complaint or claim was filed before or after these debriefing meetings\u2024 For all intents and purposes, the investigation was commenced yet it produced no complainant.\u201d (Award at 14.) The arbitrator rejected the University's argument that Grievant could file a complaint against himself under Article 43. The University even admits in its brief that \u201cthere was no direct complaint received.\u201d (University Brief at 26.) The arbitrator found that the University failed to identify any specific allegation or specific complaint, even in the University's letters to Grievant of May 20 and June 17, 2010, which the Majority holds is how the University met the procedural requirements of Article 43. In the May 20 letter, Provost Williams wrote to Grievant that Dean Strickland had completed an investigation \u201cbased on your self-disclosure concerns with your own behavior on the trip.\u201d Yet, after the investigation, the University failed to identify anyone who believed that Grievant's conduct had risen to the level that merited the lodging of a complaint against him. The Majority notes that Student and her mother spoke to Grievant about his conduct, but Grievant reasonably believed that the matter was closed. The arbitrator concluded: \u201cAgain, Article 43 contemplates that there is a complainant, verbal or written. Failure to proceed without either is a material breach of this provision of this Agreement. It is clear that the Employer had no student complainant on the effect of the grievant's alleged statements or institutional complainant with respect to policies, practices, rules or professional expectations of faculty\u2024\u201d (Award at 15\u201316.) The arbitrator was clearly concerned that the University had failed to identify which policies, practices, rules, or expectations formed the basis of the disciplinary proceedings. This is, again, confirmed by the record, showing the University's confusion regarding the grounds for disciplining Grievant. Provost Williams informed Grievant in the May 20 letter that Dean Strickland had investigated him for allegations of sexual harassment, providing Grievant with a copy of the University's sexual harassment policy. Yet, Dean Strickland, who conducted the investigation, testified that she did not believe Grievant's behavior violated the sexual harassment policy; and President Smith, who made the decision to terminate Grievant's employment, testified that the University did not charge Grievant with sexual harassment and that \u201chis remarks on the trip \u2024 did not rise to the legal line of sexual harassment .\u201d (R.R. at 245\u2013246, 291, 294.) Thus, necessarily, when the University decided to terminate Grievant's employment, it was for grounds other than those set forth in the \u201cnotice\u201d it provided him. As a result, the arbitrator ruled that the University did not have just cause under the to terminate Grievant's employment, due to \u201ca pattern of procedural indiscretions and substantive irregularities.\u201d We can empathize with the University for wanting to take action in light of the information that Grievant self- reported. Nevertheless, according to the arbitrator, if the University itself was to be the complainant for purposes of Article 43, then the University was required to identify itself as such and the policies that Grievant allegedly violated. The University failed to do that. By overruling the arbitrator's interpretation, 2/17/25, 3:19 v. ASSOCIATI\u2026 13/21 the Majority actually creates an incentive for employees not to report potential problems to University administrators would hold that the Arbitrator's award, due to the absence of clear language in the indicating his interpretation is incorrect, is rationally derived from the 1. The arbitrator referred to the specific students at issue in this case as Student and Student X, rather than by their names. We shall do the same. 2. This conversation was apparently the continuation of a prior conversation held earlier in the evening at another bar with other students and for which Student was not present. 3. We note that the University failed to include a \u201csmall a\u201d after the Arabic numerals, as is required by Pa. R.A.P. 2173. 4. The public policy exception provides that a court will not enforce an arbitration award if the award would contravene a well-defined, dominant, public policy that has either been codified or recognized in legal precedent. Westmoreland, 595 Pa. at 666, 939 A.2d at 865\u201366 (noting general considerations of supposed public interests will not suffice). 5. The can be accessed at the following link: http:// /hr/syshr/bargaining\u2014 agreements/apscuf\u2014agr.pdf. 6. Article 15, Section F, of the CBA, states as follows:1 tenured may be terminated, suspended without pay for a period not to exceed sixty (60) days, or otherwise disciplined only for just cause. In the event the President believes such just cause exists, he/she shall give written notice, specifying the reasons, to the affected and [Union], and that shall have the right to grieve solely by means of and in compliance with all provisions of the procedure provided for in Article 5 ARBITRATION.2 probationary non-tenured may be terminated, suspended without pay for a period not to exceed sixty (60) days, or otherwise disciplined at any time prior to the expiration of his/her five (5) year probationary period. The President shall give written notice to the affected non-tenured probationary and [Union], specifying the reasons for the discipline, and that non-tenured probationary shall have the right to grieve where the non-tenured probationary asserts that the discipline is discriminatory or arbitrary and capricious, but such assertions shall be processes solely by means of and in compliance with all provisions of the procedure provided for in Section C. of Article 5 ARBITRATION. This subsection does not apply to non-renewal actions. (R.R. at 486\u201387.) 2/17/25, 3:19 v. ASSOCIATI\u2026 14/21 7. Moreover, since Grievant directly received complaints from Student and her mother, he already had full knowledge of the \u201ccomplaints\u201d when he self-reported them to the Dean on April 7, 2010. 8. In so holding we respectfully but significantly disagree with the dissent which is predicated on the erroneous conclusion that (1) there was no complaint, and (2) without a complaint, no disciplinary action could be taken by the University against grievant. In support of its first conclusion, the dissent notes that \u201cgrievant apologized and reasonably believed the matter was closed.\u201d There are several problems with this. First, Grievant's \u201creasonable belief\u201d that \u201cthe matter was closed\u201d is irrelevant perpetrator's post incident \u201creasonable belief\u201d that he has quieted a matter down has no bearing on culpability. Second, Grievant's subsequent action in reporting the incident belies his belief that the matter was closed; otherwise, why report same?Further, we disagree for the reasons noted above that a complaint is prerequisite to disciplinary action under Article 15. By seeking to mandate a third party complaint as a prerequisite to disciplinary action under Article 15 the dissent is reading language into the that is simply not there.Lastly, the dissent expressed the concern that our decision \u201cactually creates an incentive for employees not to report.\u201d That assertion is a red herring, for if the dissent's logic is to be followed, university professors will be able to avoid the consequences of their offenses if they are able to smooth things over with their victims. Our decision is intended to send a clear message upholding established public policy against sexual misconduct, that the consequences of any form of sexual misconduct will not be avoided by manufacturing loopholes to the disciplinary provisions of collective bargaining agreements with university faculty within the state system of higher education. 9. In rejecting this arbitration award on the additional basis of public policy, we note that the award was rendered in the wake of the events that have engulfed another Commonwealth university within for alleged failure to properly heed and respond to prior warnings of egregious sexual misconduct. While the incident in the matter at hand is not of the same nature, it is nonetheless another instance of misconduct of a sexual manner involving someone in a position of trust and responsibility over students at a Commonwealth university. 10. The employee, a city refuse collector, discovered a purse in someone's garbage bag when a large sum of cash spilled out of the purse as he put the garbage bag in the packer, and he took $239 from the purse. City of Bradford, 25 A.3d at 409 Judge McCULLOUGH. Was this helpful? Yes No 2/17/25, 3:19 v. ASSOCIATI\u2026 15/21 Welcome to FindLaw's Cases & Codes free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law. Go to Learn About the Law v (2013) Docket No: No. 855 C.D.2012. Decided: June 07, 2013 Court: Commonwealth Court of Pennsylvania. 2/17/25, 3:19 v. ASSOCIATI\u2026 16/21 Need to find an attorney? Search our directory by legal issue Enter information in one or both fields (Required) Find a lawyer \uf105 \uf105Practice Management \uf105Legal Technology \uf105Law Students Legal issue need help near (city code or country) Bahawalpur, Punjab \uf057 For Legal Professionals 2/17/25, 3:19 v. ASSOCIATI\u2026 17/21 Get a profile on the #1 online legal directory Harness the power of our directory with your own profile. Select the button below to sign up. Sign up \uf105 Enter your email address to subscribe * Indicates required field Get email updates from FindLaw Legal Professionals Email * 2/17/25, 3:19 v. 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Sign up for our consumer newsletter \uf105 Our Team Accessibility Contact Us \uf105 By Location By Legal Issue By Lawyer Profiles Legal Forms & Services Learn About the Law State Laws U.S. Caselaw U.S. Codes Legal issue need help near (city code or country) Bahawalpur, Punjab \uf057 2/17/25, 3:19 v. ASSOCIATI\u2026 20/21 US: \uf09a \uf16a \uf16d By Name Copyright \u00a9 2025, FindLaw. All rights reserved. Terms > | Privacy > | Disclaimer > | Cookies > 2/17/25, 3:19 v. ASSOCIATI\u2026 21/21", "7557_106.pdf": "Pa. Supreme Court rejects appeal over Slippery Rock prof's firing for sexual harassment Updated: Dec. 24, 2013, 4:28 p.m. | Published: Dec. 24, 2013, 3:28 p.m. By Matt Miller | [email protected] Slippery Rock University Pennsylvania's highest court has chosen not to address the case of a Slippery Rock University professor who was fired after admitting he made inappropriate sexual comments to female students on an overseas trip. The state Supreme Court's decision not to hear an appeal in the case means the July 2010 termination of Professor Robert Ammon Jr., who headed the school's sports management department, will stand. The legal battle over Ammon's case swung back and forth over the past three years. His firing resulted from his actions during a March 2010 spring break trip to Spain. One night in a bar in Madrid, Ammon asked a group of students how many sexual partners they'd had, then related his own sexual history. He said one female student would be his favorite, if she performed a sex act on him. Ammon apologized after the student confronted him, saying he only made the statement because he was drunk. He apologized to all of the students who were on the trip, and reported his actions to the school's dean after the mother of the student who confronted him threatened to tell university leaders. All Access + The Patriot-News online newspaper \u2013 Start today for $1 Subscribe His firing came four years after he was reprimanded for sexually harassing another student. Yet Ammon won first round of the fight to keep his job. The Association of Pennsylvania State College and University Faculty filed a grievance over his termination and an arbitrator ordered Ammon's reinstatement. The arbitrator found that university officials violated Ammon's rights to due process of law by not following proper procedures in deciding to fire him Yet another federal judge pauses Trump\u2019s order against gender-affirming care Feb. 14, 2025, 2:39 p.m. 2nd attempt slated at trying suspended Pa. school principal Feb. 12, 2025, 6:33 p.m. The university appealed that decision to Commonwealth Court, which reversed the arbitration ruling and upheld Ammon's firing in a split decision issued in June. In the Commonwealth Court's majority opinion, Judge Patricia A. McCullough found that Ammon was given an appropriate chance to defend himself. She added that, if allowed to stand, the arbitrator's ruling would undermine federal and state policies against sexual harassment and prevent Slippery Rock from effectively enforcing its anti-harassment rules. The faculty union appealed the Commonwealth Court decision, but the Supreme Court issued an order Monday declining to hear the challenge If you purchase a product or register for an account through a link on our site, we may receive compensation. By using this site, you consent to our User Agreement and agree that your clicks, interactions, and personal information may be collected, recorded, and/or stored by us and social media and other third-party partners in accordance with our Privacy Policy. 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Ass'n of Pa. State Coll. Commonwealth Court of Pennsylvania. Jun 7, 2013 71 A.3d 353 (Pa. Cmmw. Ct. 2013) Copy Citation Download Check Treatment Delegate legal research to CoCounsel, your new legal assistant. Try CoCounsel free 2013-06-7 EDUCATION, Petitioner v FACULTY, Respondent. Michael S. Ferguson, Harrisburg, for petitioner. James L. Cowden, Harrisburg, for respondent. Sign In Search all cases and statutes... Opinion Case details 3/15/25, 11:44 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 1/22 *355 Michael S. Ferguson, Harrisburg, for petitioner. James L. Cowden, Harrisburg, for respondent. BEFORE: LEADBETTER, Judge, McCULLOUGH, Judge, and COLINS, Senior Judge Judge McCULLOUGH. 355 Factual Background Slippery Rock University of Pennsylvania, Pennsylvania State System of Higher Education (University), petitions for review of the April 11, 2012 arbitration award which sustained a grievance filed by the Association of Pennsylvania State College and University Faculties (Union) on behalf of Robert Ammon, Jr. (Grievant). The arbitration award orders Grievant's reinstatement as a full professor and chair of the University's Sports Management Department with no loss of benefits and back pay as well as the purging from the University's files, including Grievant's personnel file, of any reference to Grievant's offensive and inappropriate conduct toward University students who were entrusted to his care and supervision while on a field trip to Spain. As the award is not rationally derived from the subject collective bargaining agreement and contravenes public policy, we vacate the arbitrator's award and reinstate Grievant's termination. The University is one of 14 schools operated by the Pennsylvania State System of Higher Education (PASSHE). On behalf of the University negotiated a collective bargaining agreement (CBA) with the Union. The governed all aspects of faculty discipline and termination, including the manner in which investigations of complaints about faculty members would be conducted. Grievant was a tenured professor at the University and director of its Sports Management program. In March 2010, Grievant took 19 undergraduate and graduate students on a spring break trip to Spain. Upon returning from the trip, Grievant met with each student individually to discuss his or her experiences and to solicit feedback on how to improve the trip in future years. 3/15/25, 11:44 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 2/22 During Grievant's interview with Student T, she informed Grievant that he had been \u201cunprofessional, a hypocrite, and disgusting\u201d one evening at a bar in Madrid when he asked each student how many sexual partners they have had. (Arbitrator's Award at 2.) She said he then told the students that he had had over 100 sex partners, five of them after he was married. Student told Grievant that the conversation made her uncomfortable and she did not answer, but other students did. Student also told Grievant that later that same evening, while sitting with a group of students, she asked Grievant who his favorite student was, and he responded by stating that Student \u201cwould be his favorite student if she s----d his d--k.\u201d ( Id.) While Grievant did not make the comment directly to Student X, she was in the group of students sitting with Student T. There *356 was also a third incident, in Barcelona, where Grievant used the \u201cf-word\u201d in response to a question by Student about room assignments. However, he apologized to her a short time later for his outburst. 1 2 356 1 The arbitrator referred to the specific students at issue in this case as Student and Student X, rather than by their names. We shall do the same. 2 This conversation was apparently the continuation of a prior conversation held earlier in the evening at another bar with other students and for which Student was not present. Grievant was shocked and upset at hearing these allegations and attributed his conduct to being intoxicated. However, he did not dispute any of the allegations. ( Id. at 8.) Grievant immediately apologized to Student and asked her what he could do to resolve the matter. She suggested he apologize to all the female students on the trip and speak with her mother because she had informed her mother of what Grievant said on the trip and her mother was upset. ( Id.) Grievant held a group meeting where he apologized to all the students for his behavior. Approximately one week later, Grievant met with Student T's mother, who threatened to inform the school's administration of his conduct if he did not do so of his own accord. ( Id. at 6\u20138.) 3/15/25, 11:44 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 3/22 Grievant self-reported his actions to Dean Kathleen Strickland on April 7, 2010. ( Id. at 3\u20134.) He recounted what he remembered saying and what he was told he said. Grievant noted that he was intoxicated; however, he did not understand why the students were upset and claimed he was just joking. ( Id.) Grievant appeared to be upset and nervous as he informed Dean Strickland of this situation, which was not his first incident of misconduct at the University. ( Id.) Grievant explained to Dean Strickland that in 2006 he was reprimanded for sexually harassing a student and agreed that he would resign if such conduct were to occur in the future. However, Grievant quickly noted that he did not believe his statements in this instance amounted to sexual harassment. The arbitrator notes in his decision that in addition to Grievant reporting the matter to Dean Strickland, Student T's mother did as well. ( Id. at 4, 14). Further, the arbitrator states that Student reported the matter to the school administration when school officials contacted her after speaking to Student T's mother. ( Id. at 3). Dean Strickland contacted Provost William Williams for guidance. Provost Williams directed her to conduct an investigation into the allegations. Dean Strickland investigated by interviewing sixteen of the students that went on the trip and Student T's mother. Based upon the results of this investigation, Dean Strickland prepared a report on May 12, 2010, summarizing what the students and Student T's mother claimed Grievant said. Pursuant to Dean Strickland's report, Provost Williams sent Grievant a letter on May 20, 2010, informing him that a formal investigation was being conducted into his inappropriate behavior during the spring break trip and notifying him that he was to attend an investigatory interview on May 27, 2010. (Reproduced Record (R.R.) at 502.) 3 3 We note that the University failed to include a \u201csmall a\u201d after the Arabic numerals, as is required by Pa. R.A.P. 2173. Grievant attended the investigatory interview, along with a Union representative, and offered his side of the story. Grievant admitted making improper and unprofessional statements, but he characterized them as \u201ctrash talk\u201d and not sexual harassment. Following this interview, Provost 3/15/25, 11:44 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 4/22 Williams sent a letter to University President Robert Smith on June 14, 2010, recommending that formal discipline against Grievant be considered. On June 17, 2010, President Smith sent Grievant a *357 letter stating that he was to attend a pre-disciplinary meeting to discuss potential discipline arising from his actions, which Grievant attended. (R.R. at 512.) By letter dated July 9, 2010, the University notified Grievant that he was terminated, effective July 30, 2010, for his \u201cunprofessional conduct during the spring 2010 trip to Spain, namely by becoming intoxicated with University students and making inappropriate sexual comments to and about students.\u201d (R.R. at 523.) The letter also noted that this was Grievant's second offense and that he had previously been disciplined for engaging in similar behavior. 357 The Union filed a grievance and ultimately sought arbitration on Grievant's behalf, alleging that the University violated Articles 15 and 43 of the CBA. An arbitrator held a hearing over three days and framed the sole issue as whether there was just cause to discipline and discharge Grievant. (Arbitrator's Award at 13.) On April 4, 2012, the arbitrator issued an award sustaining the grievance. In sustaining the grievance, the arbitrator found that \u201cthe just cause issue is inextricably interlaced in a pattern of procedural indiscretion and substantive irregularities,\u201d the most troubling of which was the University's failure to issue a complaint to Grievant as was required by Article 43 of the CBA. (Arbitrator's Award at 13.) The arbitrator stated that Article 43 requires that \u201ca complaint, verbal or written\u201d be made so as to provide faculty members with notice \u201cof the grounds for investigating what is claimed or alleged.\u201d ( Id. at 14.) However, the arbitrator concluded that, in this case, there was no complainant and no complaint was ever provided to Grievant. The arbitrator stated that the May 20, 2010 letter sent to Grievant by Provost Williams did not meet the standards of Article 43 because it did not set forth specific allegations or identify a complainant. ( Id. at 15.) Moreover, the arbitrator concluded that: [a] complaint is an integral part of faculty procedural due process in disciplinary matters which not only provides notice of an adverse action but also identifies the adversary.... After conducting an investigation there was 3/15/25, 11:44 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 5/22 nobody to complain ... [n]either did the Employer act as complainant for violation of any rule or policy of the University. Someone must take responsibility for the claim or claims against an accused faculty member complaint initiates the process, without it there is nothing to investigate. ( Id. at 15.) In reaching this conclusion, the arbitrator rejected the University's argument that Grievant was a self-complainant as \u201cfolly\u201d and \u201cunpersuasive.\u201d ( Id. at 14.) The arbitrator also noted that Grievant's termination letter states that he was terminated for \u201cunprofessional conduct with students in Spain by being intoxicated with them and having made sexual comments to and about them which were inappropriate.\u201d ( Id. at 15.) Thus, he concluded that the University never claimed the Grievant's conduct amounted to sexual harassment, nor was he discharged for sexual harassment. The arbitrator noted that it was appropriate for the University to consider Grievant's prior disciplinary history, but concluded that it was improper for the University, in the current instance, to characterize Grievant's actions as a second violation of its sexual harassment policy. ( Id. at 15.) Accordingly, the arbitrator directed the University to do the following: (1) reinstate Grievant to his former tenured position, with no loss of earnings or benefits; (2) set off any earnings Grievant made while separated from what the University owed him for that period of separation; *358 and (3) remove all references to Grievant's termination and the alleged incidents occurring in Spain from his personnel and other University files. (Arbitrator's Award at 17.) The University now appeals to this Court. 358 The University argues that the arbitrator's determination did not draw its essence from the because it added requirements to Article 43 of the and failed to recognize that Grievant received a verbal complaint, which he then self-reported to the University. In the alternative, the University argues that the arbitrator's award violates an established public policy prohibiting sexual harassment or discrimination in educational institutions. Discussion 3/15/25, 11:44 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 6/22 Our review of arbitration awards is one of deference. State System of Higher Education (Cheyney University) v. State College University Professional Association (PSEA\u2013NEA), 560 Pa. 135, 149, 743 A.2d 405, 413 (1999). Generally, the award of the arbitrator will be final and binding upon the parties. Id. at 149\u2013150, 743 A.2d at 413. However, this Court may review an arbitration award for the limited purposes of determining whether the arbitrator's award draws its essence from the collective bargaining agreement or violates an established public policy. Westmoreland Intermediate Unit # 7 v. Westmoreland Intermediate Unit # 7 Classroom Assistants Educational Support Personnel Association, PSEA/NEA, 595 Pa. 648, 665, 939 A.2d 855, 865 (2007) (articulating the public policy exception to the essence test).4 4 The public policy exception provides that a court will not enforce an arbitration award if the award would contravene a well-defined, dominant, public policy that has either been codified or recognized in legal precedent. Westmoreland, 595 Pa. at 666, 939 A.2d at 865\u201366 (noting general considerations of supposed public interests will not suffice). Under the essence test, an arbitration award will be upheld if: (1) the issue, as properly defined, is within the collective bargaining agreement; and (2) the arbitrator's award can be rationally derived from the collective bargaining agreement. Pleasant Valley School District v. Robert D. Schaeffer, 31 A.3d 1241, 1243 (Pa.Cmwlth.2011) (citing State System of Higher Education (Cheyney University), 560 Pa. at 150, 743 A.2d at 413). We may only vacate an arbitrator's award under the essence test \u201cwhere the award indisputably and genuinely is without foundation in, or fails to logically flow from, the collective bargaining agreement.\u201d State System of Higher Education (Cheyney University), 560 Pa. at 150, 743 A.2d at 413. We begin with a review of the relevant provisions of the CBA. Article 5 of the details how grievances are filed. It provides that if a grievance cannot be resolved, the Union may refer it for arbitration. The specifically provides that the arbitrator's award will be final and binding upon the parties. However, Article 5, Section of the also states that, in reaching an award, the arbitrator may not add to, subtract from, or modify the CBA.5 3/15/25, 11:44 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 7/22 5 The can be accessed at the following link: http:// www. passhe. edu/ inside/ hr/ sys hr/ bargaining\u2014 agreements/ apscuf \u2014agr. pdf. Article 15 of the provides that tenured professors, like Grievant, may only be terminated for \u201cjust cause.\u201d It *359 also states that \u201c[i]n the event that the President believes such just cause exists, he/she shall give written notice, specifying the reasons, to the affected [faculty member] and [Union.]\u201d ( Id.; R.R. at 486\u201387.) 6 359 6 Article 15, Section F, of the CBA, states as follows: 1 tenured may be terminated, suspended without pay for a period not to exceed sixty (60) days, or otherwise disciplined only for just cause. In the event the President believes such just cause exists, he/she shall give written notice, specifying the reasons, to the affected and [Union], and that shall have the right to grieve solely by means of and in compliance with all provisions of the procedure provided for in Article 5 ARBITRATION. 2 probationary non-tenured may be terminated, suspended without pay for a period not to exceed sixty (60) days, or otherwise disciplined at any time prior to the expiration of his/her five (5) year probationary period. The President shall give written notice to the affected non-tenured probationary and [Union], specifying the reasons for the discipline, and that non-tenured probationary shall have the right to grieve where the non-tenured probationary asserts that the discipline is discriminatory or arbitrary and capricious, but such assertions shall be processes solely by means of and in compliance with all provisions of the procedure provided for in Section C. of Article 5 ARBITRATION. This subsection does not apply to non- renewal actions. (R.R. at 486\u201387.) Finally, Article 43 of the outlines the manner in which complaints against faculty members are to be investigated by the University. In relevant 3/15/25, 11:44 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 8/22 part, it provides: The [University] and [Union] recognize that it may be necessary to investigate complaints against prior to making a disciplinary decision. When appropriate, attempts should be made to resolve complaints informally. In those cases in which complaints are not resolved informally, the principles below shall apply: A. If the University determines to conduct an investigation of a complaint, either verbal or written, it shall be initiated and concluded within a reasonable amount of time.... B. The accused of wrongdoing must receive a copy of the written complaint prior to the commencement of an investigatory interview or pre-disciplinary conference. In the event a written complaint is not submitted, the individual assigned to conduct the investigation shall prepare a written summary and provide a copy of the summary to the prior to commencing an investigatory interview or pre- disciplinary conference. (Article 43 of the CBA, R.R. at 489.) In this case, the arbitrator defined the issue before him as \u201c[w]hether there was just cause to discipline and discharge the grievant?\u201d (Arbitrator's Award at 13.) The issue, as framed by the arbitrator, is clearly within the terms of the since Article 15 provides that tenured professors may only be terminated for \u201cjust cause.\u201d With the first prong of the essence test met, we turn our attention to the second prong, i.e., whether the arbitrator's award is rationally derived from the CBA. The arbitrator based his determination that the University did not have just cause to terminate Grievant on what he perceived was a lack of due process and a failure to comply with the terms of the CBA. Specifically, the arbitrator concluded that the University failed to issue a complaint to Grievant as was required by Article 43 of the CBA, did not identify his accusers, and was not authorized by the to conduct an investigation because a formal written complaint was not filed and there was no complainant. (Arbitrator's *360 Award at 13\u201315.) For the reasons that follow, 360 3/15/25, 11:44 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 9/22 we conclude that the arbitrator's conclusions cannot rationally be derived from the CBA. Section of Article 43 of the is dispositive. In relevant part, it provides that \u201c prior to the commencement of an investigatory interview or pre-disciplinary conference \u201d a faculty member must receive a written copy of the complaint against him. (Article 43 of the CBA, R.R. at 489) (emphasis added). The arbitrator's decision that the University did not have just cause to terminate Grievant had nothing to do with the facts before him, as they are not in dispute and the record contains ample evidence of the nature of Grievant's conduct toward students under his charge on an overseas school trip and support his termination. It is also noted that this is not the first episode of misconduct of a sexual nature by Grievant toward his students as he was formally reprimanded for sexual harassment in 2006. Rather, the arbitrator's decision is based upon procedural grounds that presuppose that: (i) there was no complaint in this matter, written or verbal; and (ii) that a complaint is a mandatory prerequisite for disciplinary action by the University. Neither of these presumptions is rationally derived from the CBA. First, the arbitrator found that no complaint had been issued because there was no complainant, and in so doing rejected the University's contention that the Grievant was the complainant as \u201cfolly\u201d. This conclusion has no basis in either the language of the or the facts of this matter. While the provides little specification as to what constitutes a complaint for purposes of Article 43 thereof, it is clear that a complaint need not be in writing, a point which is noted by the arbitrator. (Award at 15). There is nothing in the which specifies that a complaint may be filed only by a third party and for the arbitrator to insert such a provision into the is to open a significant serious loophole to the CBA. It is noteworthy that other than to call the University's position \u201cfolly\u201d and \u201cunpersuasive,\u201d the arbitrator offers no analysis to support these merely conclusory statements. This Court has held in other contexts that a determination based solely on such unsubstantiated, conclusory statements constitutes an abuse of discretion. See, e.g., Croman v. Workers' Compensation Appeal Board (Township of Marple), 706 A.2d 408 (Pa.Cmwlth.1998) (holding that the decision of 3/15/25, 11:44 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 10/22 workers' compensation judge supported only by a conclusory statement constituted an abuse of discretion). The arbitrator makes no finding that Grievant was in any manner prejudiced procedurally because he self-reported his misconduct to the University. On the contrary, given that Grievant was the first to report his transgressions to the University, he most certainly knew what the bases were of the allegations of \u201cinappropriate behavior of a sexual nature towards female students\u201d when the Provost informed Grievant by letter dated May 20, 2012 that he was being investigated. There is simply no logical basis to conclude that Grievant was denied a reasonable and fair opportunity to defend himself. Further, the arbitrator ignores his own conclusion that Grievant reported his misconduct only because Student T's mother threatened to do so if he did not. Clearly, Grievant reported himself to the University to avert the \u201ccomplaint\u201d being made directly by the victim's mother. He should not be able to avoid discipline on the basis that there was not a complaint when he injected himself into the process in an attempt to forestall the victim's mother from complaining directly. Regardless, it *361 is clear from the record and is noted by the arbitrator that the mother did in fact make a complaint directly to the University when she contacted the Dean. Hence, if a complaint must be filed as a prerequisite to discipline under the CBA, that is satisfied by the mother's complaint to the Dean. 361 There are two other additional bases that demonstrate that the arbitrator could not rationally conclude that a complaint did not exist. First, Student herself complained of Grievant's misconduct when she confronted him with it. Grievant was the chair of one of the University's departments. If a student had complained to him of similar misconduct of one of the other faculty members within his department, there would arise a similar obligation to report it to the administration. Again, there is nothing in the or the record to suggest that Grievant is entitled to different treatment because he was the actor as opposed to a third party faculty member. Second, as the arbitrator notes, Student herself reported the matter to University officials when she was contacted by them. Considering Student 3/15/25, 11:44 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 11/22 T's report to be other than a complaint for purposes of Article 43 cannot be rationally derived from the CBA. Similarly, the arbitrator's conclusion that a complaint under Article 43 is a pre-condition before disciplinary action may be commenced under Article 15 of the is not rationally derived from the clear language thereof. Article 15, Section F. 1 (emphasis added) provides that discipline may be commenced in the event the President \u201c believes such just cause exists.\u201d The arbitrator points to no provision in Article 15 that ties the President's hands from taking disciplinary action unless someone files a complaint under Article 43, nor is there any provision cited by the arbitrator in Article 43 to that effect. Hence, even if the arbitrator's conclusion that no complaint was filed was rationally based upon the CBA, there is simply no rational or logical basis to conclude that disciplinary action cannot be commenced without a complaint. Again, there is nothing in the record to suggest that Grievant was in any way prejudiced by the process which was undertaken in this matter. On the contrary, Grievant received the due process that is provided for in the CBA. As set forth in Article 43, section B: \u201c[i]n the event a written complaint is not submitted,\u201d i.e., in the case of verbal complaints, the person who is to conduct the investigation will \u201cprovide a copy of the summary [of the complaint] to the prior to commencing an investigatory interview or pre-disciplinary conference.\u201d ( Id.) (emphasis added). Article 43 of the expressly anticipates verbal complaints against faculty members and provides that, in instances where there is not a formal written complaint or a complainant, a copy of the written summary of the verbal complaint made against the faculty member will suffice. Therefore, since the initial complaints by Student (to Grievant) and Grievant (to Dean Strickland) were verbal, there were no formal written complaints that needed to be provided to Grievant. Rather, the University only needed to provide him with a summary of the allegations against him if it chose to pursue disciplinary action. Moreover, since Grievant was a self-complainant, and had received verbal complaints directly from Student and her mother, the complaint requirements had also already been met in this manner. 3/15/25, 11:44 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 12/22 Article 43 of the only requires that a copy of the formal written complaint or a copy of the summary of the complaint be provided \u201c prior to commencing an investigatory interview or pre-disciplinary conference.*362 \u201d ( Id.) (emphasis added). The University clearly complied with this mandate. On May 20, 2010, Provost Williams sent a letter to Grievant stating that an investigation under Article 43 was being conducted and he was to attend an investigatory interview on May 27, 2010. In this letter, Provost Williams explained the circumstances surrounding the investigation, stating in part as follows: 362 7 7 Moreover, since Grievant directly received complaints from Student and her mother, he already had full knowledge of the \u201ccomplaints\u201d when he self- reported them to the Dean on April 7, 2010. It has been alleged, that while on an international trip to Spain over Spring Break this past March, you made several inappropriate remarks to sport management students, including remarks of a sexual nature. Some of these comments offended the students; others indicated it was unprofessional. It should be noted that this matter first came to the [Dean Strickland's] attention based on the self disclosure of concerns with your own behavior while on the trip to Spain. Additionally, there is an allegation that you inappropriately swatted a student on her buttock during the spring semester 2010 while on campus. The student did not find this action welcoming on your part. [Dean Strickland] has completed an inquiry based on your self-disclosure concerns with your own behavior on the trip. The Dean has forwarded her findings to my office. Based on the information received believe there is sufficient reason to meet with you. Prior to our meeting, please review the attached summary of the completed inquiry along with a copy of the University's sexual harassment policy. (R.R. at 502.) The University also sent Grievant a letter on June 17, 2010, prior to his pre-disciplinary meeting with President Smith, which summarized the allegations against him: This is notification of a pre-disciplinary meeting scheduled for Thursday, June 24, 2010 at 10:30 a.m. in my office to discuss allegations of your 3/15/25, 11:44 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 13/22 inappropriate behavior. It has been alleged, while on a spring study abroad trip in Spain, you engaged in drinking with students to the point of intoxication and making inappropriate comments of a sexual nature to and about students copy of the Dean's findings and a copy of the University's sexual harassment policy are enclosed for your review. You have previously reviewed this same information prior to your meeting with the Provost on May 27, 2010. At our meeting, please be prepared to provide me your explanation of these allegations. Since this meeting could result in disciplinary action up to and including termination, you are permitted to have [a Union] representative present at this meeting. (R.R. at 512.) Because Provost Williams' and President Smith's letters provided Grievant a summary of the allegations against him, prior to both the investigatory interview and the pre-disciplinary meeting, the University complied with the plain language of the CBA. However, in addition to the arbitrator's dismissal of Grievant as a self- complainant as \u201cfolly,\u201d the arbitrator found both of these notices to be insufficient under Article 43. In doing so, the arbitrator interpreted the to require that Grievant be provided notice prior to the University commencing any investigation whatsoever. Such an interpretation cannot rationally be derived from the plain language of the CBA.*363 363 First, the only requires notice prior to an investigatory interview or a pre-disciplinary conference. Second, the facts of this case establish that Grievant was provided with the necessary due process under Article 43. Here, Student complained directly to Grievant. Grievant tried to informally remedy the situation by apologizing. However, Student T's mother did not believe this was sufficient and told Grievant to self-report his conduct to the University or she would lodge a formal complaint. Grievant then self-reported his conduct to the University. Thus, he was the individual who provided the initial verbal complaint to the University. Since he made the initial complaint, Grievant was aware of the allegations against him and even admitted making some of the alleged improper statements. 3/15/25, 11:44 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 14/22 Because Grievant self-reported, Dean Strickland conducted an \u201cinvestigation\u201d to verify the misconduct he described. Once Grievant's account was verified, the University provided Grievant with formal notice of all of his alleged wrongdoings prior to holding its formal investigatory interview and pre-disciplinary conference. Therefore, the record demonstrates that the University complied with the procedural requirements of Article 43 of the CBA. Accordingly, the arbitrator's award was contrary to, and cannot be rationally derived from, the plain language of the CBA.8 8 In so holding we respectfully but significantly disagree with the dissent which is predicated on the erroneous conclusion that (1) there was no complaint, and (2) without a complaint, no disciplinary action could be taken by the University against grievant. In support of its first conclusion, the dissent notes that \u201cgrievant apologized and reasonably believed the matter was closed.\u201d There are several problems with this. First, Grievant's \u201creasonable belief\u201d that \u201cthe matter was closed\u201d is irrelevant perpetrator's post incident \u201creasonable belief\u201d that he has quieted a matter down has no bearing on culpability. Second, Grievant's subsequent action in reporting the incident belies his belief that the matter was closed; otherwise, why report same? Further, we disagree for the reasons noted above that a complaint is prerequisite to disciplinary action under Article 15. By seeking to mandate a third party complaint as a prerequisite to disciplinary action under Article 15 the dissent is reading language into the that is simply not there. Lastly, the dissent expressed the concern that our decision \u201cactually creates an incentive for employees not to report.\u201d That assertion is a red herring, for if the dissent's logic is to be followed, university professors will be able to avoid the consequences of their offenses if they are able to smooth things over with their victims. Our decision is intended to send a clear message upholding established public policy against sexual misconduct, that the consequences of any form of sexual misconduct will not be avoided by manufacturing loopholes to the disciplinary provisions of collective bargaining agreements with university faculty within the state system of higher education. 3/15/25, 11:44 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 15/22 Moreover, even if we were to find that the arbitrator's decision drew its essence from the CBA, the award of the arbitrator, finding no just cause and ordering full reinstatement, clearly implicates and violates a well-defined public policy of this Commonwealth and the United States. An award must be vacated if it explicitly conflicts with a well-defined public policy. Stroehmann Bakeries, Inc. v. Local 776, International Brotherhood of Teamsters, 969 F.2d 1436, 1441 (3d Cir.1992). Title of the Education Amendments of 1972 (Title IX), 20 U.S.C. \u00a7 1681(a), prohibits sex discrimination \u201cunder any education program or activity receiving Federal financial assistance.\u201d Given that the transgressions at issue in the subject grievance are of a sexual nature perpetrated against a student(s) at one of the Commonwealth's universities within the by an individual who was not only a full professor *364 but also a department chair, we must reject the arbitration award on compelling public policy grounds. The clearly established public policy and duty to protect students from sexual discrimination in any form has long been recognized. 364 9 9 In rejecting this arbitration award on the additional basis of public policy, we note that the award was rendered in the wake of the events that have engulfed another Commonwealth university within for alleged failure to properly heed and respond to prior warnings of egregious sexual misconduct. While the incident in the matter at hand is not of the same nature, it is nonetheless another instance of misconduct of a sexual manner involving someone in a position of trust and responsibility over students at a Commonwealth university. Recently, this Court applied the public policy exception to the essence test, explaining that an arbitration award will not be upheld if it contravenes public policy. City of Bradford v. Teamsters Local Union No. 110, 25 A.3d 408, 413 (Pa.Cmwlth.2011). We noted that public employees, as well as their employers, owe their duty of fidelity to the citizens and must act with concern for the citizens' welfare. Id. In ascertaining whether a violation of public policy has occurred, we look to the policy implications of the arbitration award. Id. at 413\u201314. In City of Bradford, we held that application of the public policy exception requires a three-step analysis: 3/15/25, 11:44 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 16/22 First, the nature of the conduct leading to the discipline must be identified. Second, we must determine if that conduct implicates a public policy which is well-defined, dominant, and ascertained by reference to the laws and legal precedents and not from general considerations of supposed public interests. Third, we must determine if the arbitrator's award poses an unacceptable risk that it will undermine the implicated policy and cause the public employer to breach its lawful obligations or public duty, given the particular circumstances at hand and the factual findings of the arbitrator. Id. at 414 (internal citations omitted). We identified the conduct leading to discipline as a public employee's theft and noted that theft clearly implicated a well-defined public policy because not only is theft illegal, but theft by a public employee undermines the safety and welfare of Pennsylvania citizens. Id. at 414\u201315. However, the arbitrator considered the employee's good work history and restitution of the stolen money, and reduced his discipline from termination to a lengthy suspension without pay. We held that this arbitration award did not pose a significant risk of undermining the public policy against theft or the city's ability to serve its citizens. Id. at 415. 10 10 The employee, a city refuse collector, discovered a purse in someone's garbage bag when a large sum of cash spilled out of the purse as he put the garbage bag in the packer, and he took $239 from the purse. City of Bradford, 25 A.3d at 409. In Philadelphia Housing Authority v. American Federation of State, County and Municipal Employees, 956 A.2d 477 (Pa.Cmwlth.2008), affirmed,\u2013\u2013\u2013 Pa. \u2013\u2013\u2013\u2013, 52 A.3d 1117 (2012), we applied the public policy exception to the essence test and refused to enforce an arbitrator's award reinstating a terminated employee who had committed egregious sexual harassment against a coworker. The employee was employed by Philadelphia Housing Authority (PHA). The employee's female coworker complained of several instances of sexual harassment over the course of 14 months, including touching and inappropriate sexual comments, and PHA's Equal Employment Office ultimately discharged the employee for his pattern of sexual *365 harassment in violation of its sexual harassment and discrimination policy. Id. at 480. 365 3/15/25, 11:44 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 17/22 The employee filed a grievance and a hearing was held before an arbitrator. Despite determining that the employee's misconduct was lewd, lascivious, and extraordinarily perverse, the arbitrator determined that did not establish just cause for terminating him and awarded the employee reinstatement with backpay. Id. at 481. On PHA's appeal to this Court, we held that the arbitrator's award violated the clear public policy against workplace sexual harassment. The employee's conduct, repeated instances of sexual harassment, violated the public policy against sexual harassment established by Title of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. \u00a7\u00a7 2000e\u20132000e\u201317, multiple cases, and the Equal Employment Opportunity Commission's regulations and guidelines. Id. at 483. Furthermore, we held that because the arbitrator's award of reinstatement precluded from following its sexual harassment and discrimination policy and protecting its employees from sexual harassment in the workplace, it violated Title VII, and denied the ability to discipline its employee for sexual harassment, placing in violation of Title VII. Id. at 487. An arbitration award that violated Title of the Civil Rights Act of 1964 was against public policy and could not be enforced. Title provides that \u201c[n]o person in the United States shall ... be subjected to discrimination under any education program or activity receiving federal financial assistance.\u201d 20 U.S.C. \u00a7 1681(a). Title imposes a duty on schools that receive federal money, such as Slippery Rock University of Pennsylvania, not to discriminate on the basis of sex. Franklin v. Gwinnett County Public Schools, 503 U.S. 60, 75, 112 S.Ct. 1028, 117 L.Ed.2d 208 (1992). The public policy against sexual discrimination, particularly of a student by an educator, is well-defined and rooted in the law. Here, the conduct leading to Grievant's ultimate termination was his inappropriate sexual remarks and comments of a sexual nature to and about female students. The July 9, 2010 termination letter made clear that Grievant was being terminated for his unprofessional conduct during the Spain trip, namely by becoming intoxicated with University students and making inappropriate sexual comments to and about students, as well as the fact that this was the second time that Grievant admitted to engaging in similar behavior, the first of which resulted in a letter of reprimand. The public places its confidence and trust in Commonwealth educators, and an 3/15/25, 11:44 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 18/22 educator violates this trust when he engages in discriminatory behavior with students who are placed in his care. The Commonwealth and United States have a long-standing and well-defined public policy against sexual discrimination, and Grievant's conduct clearly implicates and violates this public policy. The award in this case poses a substantial risk of undermining this public policy and also prevents the University from properly implementing its policy prohibiting such behavior; the arbitrator reinstated Grievant with no consequences for his proscribed misconduct. Furthermore, Grievant's position as head of the Sport Management department places him in a position of repeated exposure to female students, and he continued his inappropriate behavior after he was disciplined in 2006 for similar conduct, which indicates a substantial risk that female students will be subjected to similar action in the future. The implications of allowing public university employees to violate not only the trust of the students and employers, but also the general public, *366 contravene long-standing public policy. To deny the University the ability to appropriately discipline Grievant for his conduct would place the University in violation of Title IX. Just as an arbitration award that violated Title of the Civil Rights Act of 1964 was against public policy and could not be enforced in Philadelphia Housing Authority, here an award that violates Title is against public policy and cannot be enforced. 366 Having concluded that the arbitrator's award was not rationally derived from the entered into by the University and Union, and in any event is a violation of clearly established public policy, we reverse the arbitration award NOW, this 7th day of June, 2013, the arbitration award entered on April 11, 2012, in the above captioned matter is hereby reversed. The termination of Robert Ammon, Jr., as a faculty member of Slippery Rock University of Pennsylvania is reinstated Senior Judge respectfully dissent from the Majority opinion would find that the arbitrator's award is rationally derived from the terms of the and, 3/15/25, 11:44 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 19/22 therefore, would not impose on the parties our own interpretation. The Majority holds that the Grievant self-reported his conduct and, thus, he submitted the \u201ccomplaint\u201d that is required under Article 43 of the before the University may proceed with disciplining an employee. The arbitrator expressly rejected this interpretation of the and its factual underpinnings. There is no language in the that defines the term \u201ccomplaint,\u201d thus how the parties employ that term is subject to interpretation through grievance arbitration. The arbitrator found that after Student confronted Grievant with his conduct, Grievant apologized and \u201creasonably believed the matter was closed.\u201d \u201cEveryone he reached without exception accepted his apology and no complaint or claim was filed before or after these debriefing meetings.... For all intents and purposes, the investigation was commenced yet it produced no complainant.\u201d (Award at 14.) The arbitrator rejected the University's argument that Grievant could file a complaint against himself under Article 43. The University even admits in its brief that \u201cthere was no direct complaint received.\u201d (University Brief at 26.) The arbitrator found that the University failed to identify any specific allegation or specific complaint, even in the University's letters to Grievant of May 20 and June 17, 2010, which the Majority holds is how the University met the procedural requirements of Article 43. In the May 20 letter, Provost Williams wrote to Grievant that Dean Strickland had completed an investigation \u201cbased on your self-disclosure concerns with your own behavior on the trip.\u201d Yet, after the investigation, the University failed to identify anyone who believed that Grievant's conduct had risen to the level that merited the lodging of a complaint against him. The Majority notes that Student and her mother spoke to Grievant about his conduct, but Grievant reasonably believed that the matter was closed. The arbitrator concluded: \u201cAgain, Article 43 contemplates that there is a complainant, verbal or written. Failure to proceed without either is a material breach of this provision of this Agreement. It is clear that the Employer had no student complainant on the effect of the grievant's alleged statements or institutional complainant with respect to policies, practices, rules or professional*367 expectations of faculty....\u201d (Award at 15\u2013 16.) 367 3/15/25, 11:44 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 20/22 The arbitrator was clearly concerned that the University had failed to identify which policies, practices, rules, or expectations formed the basis of the disciplinary proceedings. This is, again, confirmed by the record, showing the University's confusion regarding the grounds for disciplining Grievant. Provost Williams informed Grievant in the May 20 letter that Dean Strickland had investigated him for allegations of sexual harassment, providing Grievant with a copy of the University's sexual harassment policy. Yet, Dean Strickland, who conducted the investigation, testified that she did not believe Grievant's behavior violated the sexual harassment policy; and President Smith, who made the decision to terminate Grievant's employment, testified that the University did not charge Grievant with sexual harassment and that \u201chis remarks on the trip ... did not rise to the legal line of sexual harassment.\u201d (R.R. at 245\u2013246, 291, 294.) Thus, necessarily, when the University decided to terminate Grievant's employment, it was for grounds other than those set forth in the \u201cnotice\u201d it provided him. As a result, the arbitrator ruled that the University did not have just cause under the to terminate Grievant's employment, due to \u201ca pattern of procedural indiscretions and substantive irregularities.\u201d We can empathize with the University for wanting to take action in light of the information that Grievant self-reported. Nevertheless, according to the arbitrator, if the University itself was to be the complainant for purposes of Article 43, then the University was required to identify itself as such and the policies that Grievant allegedly violated. The University failed to do that. By overruling the arbitrator's interpretation, the Majority actually creates an incentive for employees not to report potential problems to University administrators would hold that the Arbitrator's award, due to the absence of clear language in the indicating his interpretation is incorrect, is rationally derived from the CBA. About us 3/15/25, 11:44 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 21/22 Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 3/15/25, 11:44 Slippery Rock Univ. of Pa. v. Ass'n of Pa. State Coll., 71 A.3d 353 | Casetext Search + Citator 22/22"} |
8,169 | Lester Mazor | Hampshire College | [
"8169_101.pdf",
"8169_102.pdf"
] | {"8169_101.pdf": "Letter on Historical Harassment Complaint Decision 1 1 . 2 8 . 1 8 < / # e m a i l > < / # l i n k e d i n > < / # f a c e b o o k < > 2/17/25, 3:19 Letter on Historical Harassment Complaint Decision | Hampshire College 1/3 Hampshire board addresses allegation Dear Hampshire Community, We are writing to you today with difficult and important news. An alumna shared with the administration allegations about inappropriate behavior in the 1970s by the late faculty member Lester Mazor. Following a directive last spring by then President Jonathan Lash, Hampshire conducted an investigation and concluded that more likely than not the inappropriate behavior occurred. During the investigation the College heard other allegations of inappropriate behavior, suggesting that this was not an isolated incident. We recognize how difficult it is to revisit painful occurrences, and we respect our alumna\u2019s courage in coming forward to share them. The Executive Committee of the Board of Trustees has met to review the findings of the investigation. On behalf of Hampshire College, they have issued a formal apology to the alumna involved. They also voted to remove Professor Mazor\u2019s name from a room on campus and from an endowed fund, both created in his memory. These changes are effective today. Some may call into question the College\u2019s actions since Professor Mazor cannot defend himself and because these actions date from decades ago. This era has brought long-needed attention to issues of sexual harassment and we want there to be no confusion at Hampshire over what behaviors were and are inappropriate. We take our roles as educators, mentors, and role models very seriously and apologize that a member of our faculty apparently did not do so, regardless of the era. The College reviewed and is currently in the process of updating its policies on sexual harassment and faculty, student, and staff engagement. Those policies can be found here < and here < Our policies around historical complaints of sexual harassment can be found here < office/committee-on-historical-complaints-of-sexual-harassment>. To answer questions you might have, we have scheduled open office hours in the Faculty Lounge during these times: today (Wednesday, November 28) from 2:15 </> 2/17/25, 3:19 Letter on Historical Harassment Complaint Decision | Hampshire College 2/3 \u2013 3:15 pm and tomorrow from 9:00 \u2013 10:00 am. On Friday we have our regularly scheduled staff/faculty meeting in the Main Lecture Hall from 1:00 \u2013 2:00 pm. At Hampshire all allegations of sexual misconduct are given our utmost attention. Complaints should be directed to our Title Coordinator Dianna Williams: [email protected]. Sincerely, Miriam Nelson President Eva Rueschmann Vice President for Academic Affairs and Dean of Faculty Article Tags 893 West Street Amherst 01002 United States 413-549-4600 [email protected] Copyright \u00a9 2025 Hampshire College </> 2/17/25, 3:19 Letter on Historical Harassment Complaint Decision | Hampshire College 3/3", "8169_102.pdf": "All Access + The Republican online newspaper \u2013 Start today for $1 Hampshire College nixes fund, room named after late professor due to 'inappropriate behavior' Published: Nov. 28, 2018, 7:27 p.m. Lester Mazor in 1970. (The Republican file) Subscribe By Diane Lederman | [email protected] -- Hampshire College will no longer have an endowed fund in the name of a founding professor after the college concluded he likely engaged in \"inappropriate behavior\" during his tenure. Lester Mazor became the Henry R. Luce Professor of Law at the college in 1970 and taught there until 2007. He died in 2011. The board of trustees also voted to remove Mazor's name from a room on campus, according to a letter to the college community by President Miriam Nelson and Eva Rueschmann, vice president for academic affairs and dean of faculty. \"Following a directive last spring by then President Jonathan Lash, Hampshire conducted an investigation and concluded that more likely than not the inappropriate behavior occurred,\" Nelson and Rueschmann wrote. \"During the investigation the College heard other allegations of inappropriate behavior, suggesting that this was not an isolated incident,\" according to the letter on the college website. \"We recognize how difficult it is to revisit painful occurrences, and we respect our alumna's courage in coming forward to share them.\" The board's executive committee reviewed the findings and issued a formal apology to the alumna involved, according to the letter Former worker sues BHN, supervisor for sex harassment, hostile work environment Feb. 13, 2025, 5:20 p.m. UMass tweaks Title policy language, but not because of Trump\u2019s Executive Order on Feb. 14, 2025, 6:01 p.m. Nelson and Rueschmann wrote that some might question the college's actions since the inappropriate behavior occurred decades ago and Mazor cannot defend himself. But they wrote \"this era has brought long-needed attention to issues of sexual harassment and we want there to be no confusion at Hampshire over what behaviors were and are inappropriate.\" \"We take our roles as educators, mentors, and role models very seriously and apologize that a member of our faculty apparently did not do so, regardless of the era,\" they wrote. Hampshire has reviewed and is updating its policies on sexual harassment and faculty, student and staff engagement, the letter states. If you purchase a product or register for an account through a link on our site, we may receive compensation. By using this site, you consent to our User Agreement and agree that your clicks, interactions, and personal information may be collected, recorded, and/or stored by us and social media and other third-party partners in accordance with our Privacy Policy. Contact Us Contact MassLive Contact The Republican Subscriptions MassLive.com Newsletters Breaking news push alerts The Republican E-edition Login Subscriptions and Circulation MassLive Media About MassLive Media Advertise with us Sponsor Content Accessibility Statement Follow Us Facebook Worcester Facebook Red Sox Facebook Patriots Facebook Bruins Facebook Twitter YouTube Sports Twitter Sports Twitter Instagram Sports Instagram MassLive.com Sections News Sports Entertainment Politics Opinion High School Sports Betting Living Real Estate Obituaries Classifieds Autos Jobs More on MassLive.com Careers at MassLive Archives Community rules The Republican Archives The Republican Special Sections Place an ad | Privacy Policy | User Agreement | Ad Choices Use of and/or registration on any portion of this site constitutes acceptance of our User Agreement, (updated 8/1/2024) and acknowledgement of our Privacy Policy, and Your Privacy Choices and Rights (updated 1/1/2025). \u00a9 2025 Advance Local Media LLC. All rights reserved (About Us). The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. Community Rules apply to all content you upload or otherwise submit to this site. YouTube's privacy policy is available here and YouTube's terms of service is available here. Ad Choices"} |
7,483 | Paul Craig Boardman | Ohio State University | [
"7483_101.pdf",
"7483_102.pdf"
] | {"7483_101.pdf": "10TV has uncovered new information about Professor Craig Boardman and a history of bad behavior, including a sexual relationship with a student that ended in threats and retaliation. He is the Ohio State University Professor charged with threatening to kill a Dean. Now, 10TV has uncovered new information about Professor Craig Boardman and a history of bad behavior, including a sexual relationship with a student that ended in threats and retaliation. Boardman has had glowing reviews since joining OSU's John Glenn College of Public Affairs in 2008. In 2013, he earned tenure and was described by the Dean as \"an asset to the school.\" But now, he is accused of threatening to kill that same Dean, and also threatening the career of a student who broke up with him. Paul Craig Boardman's was arrested on April 29 and was charged with drunk driving and threatening to kill himself and Trevor Brown, the Dean of the John Glenn College of Public Affairs. Ohio State Professor Charged In Death Threat Also Harassed Student, Records Show Author: Glenn McEntyre Published: 6:41 May 26, 2015 Updated: 6:42 May 26, 2015 \uf04b 2/17/25, 3:20 Ohio State Professor Charged In Death Threat Also Harassed Student, Records Show | 10tv.com 1/2 Records obtained by 10TV two weeks ago said campus police told Columbus Police Boardman was under investigation and facing possible charges at work, that \"possibly pushed him over the edge.\" The on-the-job investigation started in February, when a female student made a complaint of sexual harassment against him. The woman, a former student with whom Boardman was romantically involved, said \"when she attempted to end (that relationship)...(his) behavior toward her escalated to harassing and threatening in nature.\" Both Boardman and the student both told the investigator they had a consensual romantic relationship last summer. Boardman said \"at no point during the relationship did he have advising or academic authority over (her).\" The woman said \"Boardman offered to help her with future career opportunities by forwarding her resume to colleagues of his.\" She says he specifically referenced Maria Mone, a Director with the Glenn College. Once the student ended the relationship, Boardman admitted \"he was hurt\" and \"wanted to hurt (her) and make her angry.\" He admits sending her 21 e-mails between February 25th and 26th, including the statements, \"Maria Mone is no longer of use to you,\" \"Try me,\" and will be contacting my colleague at (organization where she is currently seeking employment) about your aptitude test scores.\" Mone told investigators Boardman had months ago sent her an e-mail supportive of the student, and on February 25th, sent another e-mail retracting that reference. Mone said he e-mailed her the next day, writing, \"Please disregard my previous e-mail. While it was unethical and unprofessional for me to recommend her for personal reasons that did not disclose, it was equally unethical and unprofessional of me to retract that support for personal reasons.\" The Human Resources investigator says Boardman told her \"he is mortified by his recent behavior and strongly believes he did not sexually harass (the student).\" He told the investigator \"he did not attempt to use his power or position to impact (her), he simply wanted to make her angry for ending things so abruptly.\" The investigation by Human Resources found that Boardman did violate the University's sexual harassment policy, and that he also engaged in retaliation against his accuser. His punishment includes no pay raises for two years, being barred from supervising new teaching assistants for two years, and mandatory sexual harassment training. He is charged with aggravated menacing for allegedly threatening to kill his Dean and is barred from being on campus until that matter is resolved ARTICLE... 2/17/25, 3:20 Ohio State Professor Charged In Death Threat Also Harassed Student, Records Show | 10tv.com 2/2", "7483_102.pdf": "Quotable... ''Leadership is solving problems. The day soldiers stop bringing you their problems is the day you have stopped leading them. They have either lost confidence that you can help or concluded you do not care. Either case is a failure of leadership. '' -- General Colin Powell Having trouble viewing this email? View it in your browser. Internal Auditing Case in Point: Lessons for the pro-active manager May 2015 Vol. 7 No. 5 This month we continue our look back at the events that transpired in higher education during 2014 as linked here in Case in Point. This month we focus on the Compliance/Regulatory & Legal Category. As noted in our January issue, this category has been the largest in sheer number of stories linked in our publication for the past few years. The compliance burden within higher education has never been greater and therefore the associated risks are numerous and vigilance critical for all institutions. The number of ways we can run into trouble from a compliance and legal standpoint are numerous and appears to be growing. The top 5 items in terms of frequency of stories we noted during 2014 for this category were: 1. Sexual Assault (Title IX) 2. Discrimination 3. Campus Crime (non-sexual) 4. Contract Litigation 5. Termination Litigation We've stated in past issues that Title is perhaps the top compliance issue facing higher education at the moment. This is an item so critical that it is part of our annual audit schedule for this year and one we are currently assessing. Discrimination, crime, and stories of litigation make routine appearances each month in Case in Point. We urge you to pay special attention to this category and consider whether there are risks that could use additional attention in your sphere of influence to prevent some problem or crisis. We should also note that under some compliance mandates there is a ''duty to report'' when as an employee you become aware of a violation. This really is no different than the routine message we've conveyed in this publication for years which is ''if you see something that concerns you or you think could be a problem, let someone know.'' The person you report your concerns to could be your supervisor or specific compliance officer for the topic involved. If you are unsure of where to report your concern, always feel free to contact internal auditing and we can help you find the appropriate reporting channel. We live in a time where failing to report issues you become aware of can result in substantial problems for you and the institution. We again invite you to review the events occurring in higher education and consider how you may help reduce risks and improve the odds of achieving objectives. As always we welcome your comments and feedback. M. Kevin Robinson Executive Director, Internal Auditing Information Security & Technology Events May 27, 2015: The average cost of a computer breach at large companies globally was $3.79 million, a survey released Wednesday found. For U.S.-based companies, the average cost was much higher, $6.5 million. Those costs included abnormal turnover of customers, reputation loss, diminished goodwill and paying for credit reports and aid to customers whose information was breached, said Ponemon. (link) 2/17/25, 3:20 Case In Point 1/6 May 19, 2015: Penn State University recently disconnected the computer network for the College of Engineering from the Internet in response to what it described as ''two sophisticated cyberattacks conducted by so-called 'advanced persistent threat' actors.'' (link) May 6, 2015: Universities and other higher education institutions have long been heralded as strongholds of advanced and independent thought. They are the crucibles in which our most brilliant minds are forged, serving as exchange points to discuss and collaborate on the new theories and inventions that shape our world. However, these great advantages also come with unique security challenges to overcome. (link) May 1, 2015: The University of California's flagship school was hit with a data breach that might have exposed students' Social Security numbers, the college said Thursday U.C. Berkeley computer that stores families' financial information was accessed by unauthorized individuals in December and February, an alert to students stated. The data held in the computer included Social Security and bank account numbers. The breach affected about 260 undergraduates and former students, as well as 290 parents and other individuals, the school said. (link) Fraud & Ethics Related Events May 28, 2015: Fifteen Chinese nationals have been charged with developing a fraud scheme in which they paid impostors to take entrance exams, including the SAT, and gained acceptance to elite American colleges and universities, the U.S. Department of Justice said on Thursday. (link) May 22, 2015: The University of North Carolina said on Friday it has received a notice from the indicating possible rules vilations connected to the school's academic fraud scandal. The National Collegiate Athletic Association notice comes seven months after an independent investigation by former federal prosecutor Kenneth Wainstein revealed that more than 3,000 students at the university in Chapel Hill received credit for fake classes over an 18-year period. (link) May 21, 2015: Charges that the former Dean of Student Affairs at Shepherd University misused a West Virginia Purchasing Card have been reinstated by the West Virginia Supreme Court of Appeals. The Supreme Court ruled May 20 that Jefferson County Circuit Judge David H. Sanders was wrong to dismiss all but one of the 54 fraud counts lodged against Elizabeth Shanton. (link) May 8, 2015 leading scientific journal has run a lengthy correction clarifying that a Syracuse University professor and his co-authors were paid by the gas industry on a recent study. Environmental Science & Technology says that prof Donald Siegel was paid by Chesapeake Energy for his work, and at least one of his co-authors worked for Chesapeake during the study period. (link) May 5, 2015 former University of Colorado professor has been arrested on suspicion of creating a company to sell marked-up lab equipment to the Boulder campus in what prosecutors call a theft ''scheme.'' Donald Cooper, 44, was arrested at his home in Boulder on Tuesday afternoon, according to Boulder County District Attorney's Office officials. It was unclear late Tuesday if Cooper had posted bond, which was set at $5,000. (link) May 1, 2015 State College police officer is under investigation for possibly stealing evidence from the department. Police chief Tom King says the department first began to suspect the thefts on April 22, after discovering irregularities in the way certain pieces of evidence were filed and stored. Further investigation led the department to suspect that one of three department personnel with access to the evidence room had been stealing evidence. (link) May 1, 2015 former administrative assistant with Emory University pleaded guilty in federal court to stealing more than $300,000 from the school. (link) Apr. 30, 2015: The College of DuPage Board of Trustees voted Thursday night to put the school's embattled president on administrative leave, barring him from the campus amid multiple investigations. (link) Compliance/Regulatory & Legal Events 2/17/25, 3:20 Case In Point 2/6 May 23, 2015 Texas Tech business professor, who clashed with university officials over his anti- tenure views, will be awarded the university's highest honor for a faculty member after a Lubbock judge handed a default judgment in his favor. (link) May 22, 2015: Evan Rowe, who taught history as an adjunct professor at Broward College since 2004, is suing the board of trustees of Broward College, as well as one of its deans, in federal court, alleging that the school retaliated against him for criticizing the college. (link) May 21, 2015: The chairman of Temple University's physics department was charged Thursday in an alleged scheme to provide sensitive U.S. defense technology to entities in China, including its government. (link) May 19, 2015: The University of Kentucky has begun a sweeping overhaul of its body bequeathal program after finding numerous problems with its administration and oversight, including a three- to five-year delay in burying the remains of people who had given their bodies for scientific research. (link) May 19, 2015 federal grand jury has indicted six Chinese citizens in what authorities say was a long- running conspiracy to steal valuable technology from two U.S. firms for the benefit of the Chinese government. Two of the defendants had obtained engineering degrees from the University of Southern California and then secured jobs at high-tech firms inside the U.S. (link) May 19, 2015: Alabama State University plans to appeal a recent circuit court decision awarding its former athletic director $140,000 in a wrongful termination suit, a university statement released late Tuesday said. (link) May 16, 2015 priest at Seton Hall University claims he's being removed from his job over a Facebook post he made in support of a campaign promoting same-sex marriage. (link) May 14, 2015: Miami University has failed to accommodate students with disabilities and provide them the technology they need to learn, the U.S. Department of Justice reported this week. The department joined an existing lawsuit filed against Miami by a blind student who said the school promised to accommodate her but failed to deliver. (link) May 12, 2015: The University of Colorado ended its months-long bid to fire David Barnett with a $290,000 settlement agreement reached Tuesday that includes the embattled philosophy professor's resignation last summer initiated a rare termination proceeding against Barnett over allegations that he retaliated against a female student who said she was sexually assaulted by a male student. (link) May 11, 2015: Miami Dade College has reached a $33.5 million settlement with the contractor and subcontractors hired to build a parking garage at the Doral campus that collapsed during construction more than two years ago, killing four people and injuring seven others. (link) May 9, 2015: The University of Minnesota is apologizing to a Rosemount man who claimed he was coerced into enrolling in a schizophrenia drug trial, a second local case to raise questions about patient safeguards during research. While a yearlong investigation concluded Robert Huber wasn't coerced, it found caregivers prepped him for the study before he consented, according to the Star Tribune. It also found they failed to provide safety information. (link) May 7, 2015: Dixie State University in Utah and California State Polytechnic University, Pomona have both agreed this week to suspend numerous policies that substantially restrict students' free speech rights on campus. The policy suspensions result from lawsuits filed this year as part of the Foundation for Individual Rights in Education's (FIRE's) Stand Up For Speech Litigation Project, an unprecedented and undefeated national effort to eliminate unconstitutional speech codes from the nation's public colleges and universities. (link) May 4, 2015: Western Michigan University will pay $35,000 to settle a federal lawsuit filed last year by a student group that said the university's policies are unconstitutional and restrict free speech on campus. That's according to the Foundation for Individual Rights in Education (FIRE), a Philadelphia, Pa.-based organization that assisted the Kalamazoo Peace Center in its legal action, which was filed in October in U.S. District Court.(link) 2/17/25, 3:20 Case In Point 3/6 May 1, 2015: Alabama lawmakers are considering a bill that would require businesses and government entities to notify the Alabama Attorney General and impacted individuals about a data security breach. If passed, the bill would make Alabama the 48th state to have a form of data breach notification law. (link) Campus Life & Safety Events May 27, 2015: Pennsylvania State University has withdrawn recognition of a fraternity chapter whose members used a secret Facebook page to post images of drugs, underage drinking, hazing and nude, unconscious women. (link) May 27, 2015: In 2015-16, 21 teams will be ineligible for the postseason due to their low APR, compared with 42 teams last year. All teams other than limited-resource schools must achieve a 930 to be eligible to compete after the regular season. (link) May 27, 2015: Of all the hazards that young people face at college, here is one that probably crossed few parents' minds: the easy access to tanning beds, often found in off-campus housing and sometimes paid for with university-sponsored cash cards. (link) May 26, 2015: Auburn University sent out an email alert Tuesday afternoon notifying students of the arrest of a lab technician working on campus in connection to selling the date rape drug GHB. (link) May 22, 2015: Federal authorities charged two former Wesleyan University students Friday with selling the synthetic party drug Molly, which resulted in the hospitalization of at least a dozen students on two occasions during the 2014-15 school year. (link) May 20, 2015 U.S. Department of State employee was arrested at Hartsfield-Jackson Atlanta International Airport and is accused of hacking into college-age women's accounts and stealing compromising photographs for blackmail. (link) May 20, 2015 study released Wednesday details the prevalence of rape experienced by first-year college women. It also shows the degree to which sexual victimization before college increases the likelihood of being raped in college. The findings can add new layers of understanding to sexual assault policies and prevention work under way on college campuses, public health experts say. They may also bolster a growing chorus of advocates who say students at much younger ages need to start learning about forging healthy relationships and standing up to cultural norms that perpetuate rape. (link) May 17, 2015: Students at Louisiana State University will soon be able to soak up the sun in a manmade ''lazy river,'' part of an $85 million leisure project under way despite the school's desperate financial situation. (link) May 14, 2015: Kennesaw State University officials have placed an Exercise Science academic advisor on administrative leave pending an investigation into a dispute recorded on a phone. (link) May 12, 2015: An Ohio State Professor has been arrested, accused of threatening to kill a university dean. Associate Professor Paul Craig Boardman is charged with Aggravated Menacing. The alleged incident led to police being posted outside a campus building, but no notification for students. Dr. Craig Boardman's staff biography lists him as an Associate Professor at the John Glenn College of Public Affairs, and Associate Director of the Battelle Center for Science and Technology Policy. (link) May 12, 2015: An art professor's nude exam has one mother very upset that her daughter was asked to perform naked as part of Ricardo Dominguez's class called ''Visual Arts 104A: Performing the Self.'' While many on social media are outraged at the San Diego class, it is claimed by some students that the class is ''not some evil, lecherous event.'' (link) May 11, 2015: The Jefferson Davis statute was defaced at University of Texas because some students felt the ''ties to slavery'' memorial should be removed. In April, a majority of University of Texas (UT) student government representatives voted to remove the Jefferson Davis statue and sent their resolution to college officials. (link) 2/17/25, 3:20 Case In Point 4/6 May 11, 2015: Boston University had a weekend change of heart about a new professor's angry tweets about white people, after FoxNews.com and others reported on the racially-charged comments -- and Terrier alumni threatened to stop writing checks. (link) May 6, 2015 feminist group at the University of Mary Washington is accusing school officials of failing to act on threats against its members -- one of whom was killed last month -- on the popular and controversial messaging app Yik Yak, an attorney for the group said. (link) Apr. 30, 2015: The drum-major instructor for the Ohio State University marching band is to appear in court today on charges of rape and kidnapping, accused of assaulting an student earlier this month. Stewart Kitchen, 28, of 2469 Indiana Ave., was charged yesterday with the two counts, both first-degree felonies. Court records say that Kitchen invited the woman to have drinks on April 15, then raped her after they went back to his University District house. (link) Apr. 30, 2015: About two-thirds of respondents to a recent survey judge fraternity risk to be among the institutions' significant or top liability risks facing the institution but view the associated reputational risk to be less significant. (link) Apr. 29, 2015: The president of Quinnipiac University is apologizing after he was caught on camera, partying with students off campus over the weekend. The video of Quinnipiac University President John L. Lahey grabbing a microphone and speaking to guests at a party on Delsole Road has gone viral. (link) Other News & Events May 26, 2015: Fewer than 10 percent of 3,118 high school students invited to sign up for a new online program after their applications were rejected for regular admission to the University of Florida have accepted the offer. (link) May 19, 2015: The director of Marquette University's Gender and Sexuality Resource Center is no longer employed by the university, the Marquette Wire is reporting. The move comes after the university quickly removed a mural on campus that had generated outcry over the weekend because of its subject: a woman on the FBI's most wanted list who was convicted in a New Jersey state trooper's 1973 murder, escaped prison and fled to Cuba. (link) May 14, 2015: Research findings released today suggest that teacher preparation programs with higher overall National Council on Teacher Quality (NCTQ) ratings produce graduates who are no more or less effective at raising student test scores. Classroom teachers working in North Carolina who graduated from programs that meet NCTQ's standards were more effective at raising students' test scores in 15 out of 124 comparisons, less effective in 5 comparisons, and no different in 104 comparisons. (link) May 13, 2015: Most states are spending less per student at public higher education institutions now than they did before the recession, according to a report released Wednesday by the liberal-leaning Center for Budget and Policy Priorities (CBPP). Forty-seven states are spending less on each student than they did before 2008. The only states not spending less are Alaska, North Dakota and Wyoming, the 26-page report said. (link) May 1, 2015: The national credit rating agency Standard & Poor's has placed five Louisiana higher education institutions on a negative credit watch list due to the state's $1.6 billion budget shortfall. (link) If you have any suggestions, questions or feedback, please e-mail me at [email protected]. We hope you find this information useful and would appreciate hearing your thoughts. Feel free to forward this email to your direct reports, colleagues, employees or others who might find it of value. Back issues of this newsletter are available on our web site at If you have any suggestions for items to include in future newsletters, please e-mail Robert Gottesman at [email protected]. 2/17/25, 3:20 Case In Point 5/6 Department of Internal Auditing Auburn University 304 Samford Hall M. Kevin Robinson, Exec. Director [email protected] 334.844.4389 \u00a9 Redistribution of this newsletter, with or without modification, is permitted provided Auburn University Internal Auditing is listed as the source. 2/17/25, 3:20 Case In Point 6/6"} |
9,039 | Matthew Taylor | Washington State University – Pullman | [
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] | {"9039_101.pdf": "In November and December of 2003, two students filed complaints alleging their professor made inappropriate comments of a personal or sexual nature. The professor, Matthew Taylor, denied most of the comments, said others were innocent, and said the students had approached him with personal matters. The found that he had \"engaged in unwelcome, inappropriate and unprofessional conduct with students.\" In a follow-up letter, his supervisor reiterated the university's policies and noted that he was confident no further problems would arise. Taylor remains at WSU. Top administrators took pains to argue that his case was minor in relation to some others, the incidents were a matter of some ambiguity, and said he'd been an excellent professor.\" SOURCE: Shawn Vestal Staff writer. (September 3, 2006 Sunday). Assault cases confront tenure suit strains evolving policies. Spokesman Review (Spokane, WA). com.proxy1.cl.msu.edu/api/document?collection=news&id=urn:contentItem:4KV8- N5B0-TWSR-V35R-00000-00&context=1516831."} |
7,848 | Hamilton McCubbin | University of Wisconsin – Madison | [
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] | {"7848_101.pdf": "o n d a y e b r u a r y 1 7 , 2 0 2 5 Find what you are looking for ... Search 2/17/25, 3:20 Ex of Kamehameha faced complaint in 1998 | The Honolulu Advertiser | Hawaii's Newspaper 1/4 Comment, blog & share photos Log in | Become a member Hamilton McCubbin on Monday stunned the community by announcing his resignation from Kamehameha Schools just four months after agreeing to a three-year contract extension. Jeff Widener \u2022 The Honolulu Advertiser Hamilton McCubbin, speaking at a luncheon a month after being named at Kamehameha Schools, left the University of Wisconsin as part of a settlement of a sexual harassment Posted on: Wednesday, May 7, 2003 Ex of Kamehameha faced complaint in 1998 By Dan Nakaso Advertiser Staff Writer Six weeks before Hamilton McCubbin took over as chief executive officer of the Kamehameha Schools, the University of Wisconsin paid an assistant professor $85,000 after she alleged that McCubbin had made unwelcome sexual advances for two years. McCubbin was dean of the school of human ecology at the University of Wisconsin-Madison and Jikyeong Kang's supervisor at the time she alleged he began pursuing a romantic relationship with her, according to a complaint Kang filed in 1998 with the Wisconsin Personnel Commission. \"Since the summer of 1996, Dean McCubbin has repeatedly touched and kissed Dr. Kang in an inappropriate and unwelcome manner, persistently called her at home at night and on weekends, came to her house uninvited on the pretense of discussing work-related matters, asked her to massage him, and suggested his desire for an intimate relationship with her,\" according to the complaint filed by Kang. In one of the incidents Kang described in her complaint, she alleged that she refused McCubbin's request for a massage in her home in 1997. McCubbin \"asked if he would get a massage after she got tenure,\" according to the complaint. \"... Dr. Kang found his requests and physical attentions frightening and coercive.\" The existence of the Wisconsin complaint raises questions about how much then-interim Kamehameha Schools trustees knew about the case before recruiting McCubbin, and whether they questioned his reasons for abruptly resigning from the Wisconsin faculty in mid-1999. On Monday, McCubbin, 61, stunned the community by announcing his resignation from Kamehameha just four months after agreeing to a three-year contract extension that paid him approximately $350,000 per year. Several people close to the situation said trustees had been investigating allegations for months that McCubbin had an inappropriate relationship with a female Kamehameha staff member. McCubbin told The Advertiser Monday that he was unaware of any suggestions that he had an inappropriate relationship with anyone at Kamehameha. McCubbin did not respond to a request for an interview yesterday through a spokeswoman, Georgette Deemer. Another person involved said yesterday that Kamehameha Schools' human resources department had investigated complaints that McCubbin gave preferential treatment to a female staff member, and determined the complaint was groundless. There is no connection between McCubbin's resignation and allegations about a relationship with a staff member, said the source, who asked not to be identified because of a confidentiality agreement covering McCubbin's departure from Kamehameha. Complaint dropped The complaint and details of the Wisconsin settlement are public records, copies of which were obtained yesterday by The Advertiser. The documents are only part of a voluminous file on the case and do not contain any response from McCubbin. The settlement documents make no mention of McCubbin, and no finding was issued. They say only that Kang agreed to drop her complaints with the Wisconsin Personnel Commission and the U.S. Equal Employment Opportunity Commission. At the time of the settlement, The Capital Times, a Madison newspaper, quoted the executive assistant to the University of Wisconsin provost as saying the 2/17/25, 3:20 Ex of Kamehameha faced complaint in 1998 | The Honolulu Advertiser | Hawaii's Newspaper 2/4 complaint against him. Advertiser library photo \u2022 Feb. 22, 2000 investigation \"did not produce any findings of professional misconduct or policy violations.\" Kang signed a settlement on Nov. 12, 1999, in which she agreed to leave the university without tenure and collect a lump sum of $85,813. Her resignation took effect on May 19, 2000. She now teaches at the Manchester Business School in England, where she directs the masters of business administration program. She could not be reached for comment yesterday. John Dowling, senior legal counsel for the University of Wisconsin-Madison, told The Advertiser on Monday that both Kang and McCubbin had to leave the university as part of the settlement. When he announced his resignation from the university effective July 1, 1999, McCubbin told a Milwaukee newspaper the investigation into Kang's complaint had taken a personal toll, and that he resigned because he was \"burned out.\" Asked about the complaint, McCubbin told the newspaper \"no allegations are pending and none were proven accurate.\" It's clear from the timing of the Kang complaint and the settlement that Kamehameha Schools trustees were recruiting McCubbin at the same time officials in Wisconsin were negotiating a settlement with Kang. The last signature on the settlement document was dated Nov. 17, 1999. McCubbin started at Kamehameha the first week of January 2000. But one of the people familiar with the situation said it was McCubbin who brought up the Wisconsin case to the interim trustees. The source said trustee Robert Kihune asked McCubbin during an interview whether there was anything else the trustees needed to know. \"He was forthright,\" according to the person. \"He raised the issue to them.\" McCubbin was unaware of the settlement, the person said, or he would have mentioned that as well. Kamehameha Schools spokeswoman Marsha Bolson said yesterday that neither school officials nor the trustees would comment on how far they looked into McCubbin's background before hiring him. \"In a situation where you're considering hiring somebody, obviously you have a duty to do some background investigation,\" said University of Hawai'i law professor Jon Van Dyke. \"An employer does have a responsibility to provide a nonhostile workplace, a workplace where the employees are going to feel comfortable and able to do their work. This was in a school context, so would think that Dr. McCubbin and others would assume that a higher level of appropriate conduct would be required because you're trying to train young people for leadership.\" Even if Kamehameha officials had concerns about the Wisconsin case, the allegations could have been outweighed by McCubbin's experience and other strengths, Van Dyke said. Future liability It is also possible McCubbin made a compelling case that the allegations were unfounded. While Kang's complaint goes into great detail, with dates and times, most of it falls into the realm of \"he said, she said,\" with few witnesses and physical evidence. However, employers who hire someone accused of sexual harassment \u2014 especially for a top position \u2014 need to worry about possible future complaints that could reflect on their decisions. \"An employer can hire really anybody it wants to, even with full knowledge of whatever charges there might have been,\" said Ke-ching Ning, a Honolulu attorney who has successfully won discrimination lawsuits. \"The problem might come later from some third party who says the employer should have known that such a person might cause a problem later on that might affect other people.\" Detailed record Kang was married when she arrived in Madison in 1989. She bought Christmas gifts for McCubbin, the assistant dean, department chair and others for five years until she got divorced. McCubbin is married with three children. Between August 1996 and August 1998, Kang alleged that McCubbin repeatedly called her at her home and once made more than 10 calls in a single day. He twice gave her a \"wet kiss on the lips,\" 2/17/25, 3:20 Ex of Kamehameha faced complaint in 1998 | The Honolulu Advertiser | Hawaii's Newspaper 3/4 sent her roses and a pineapple from Hawai'i and changed his travel plans to be with her on a business trip to London. Among the allegations in her complaint: \"Dr. Kang fears repercussions in her career as a result of filing this complaint,\" she wrote in her complaint. \"Dean McCubbin has a reputation for vindictiveness and brags openly about his control over the tenure process.\" Reach Dan Nakaso at [email protected] or 525-8085 2010 The Honolulu Advertiser. All rights reserved. Use of this site signifies your agreement to the Terms of Service and Privacy Policy/Your California Privacy Rights , updated March 2009. 2/17/25, 3:20 Ex of Kamehameha faced complaint in 1998 | The Honolulu Advertiser | Hawaii's Newspaper 4/4", "7848_102.pdf": "$85,813 paid in McCubbin complaint Wisconsin college settled charges filed by a female professor By Rick Daysog [email protected] month before Hamilton McCubbin was named as the first chief executive officer in the 119-year history of the Kamehameha Schools, the University of Wisconsin paid $85,813 to settle charges that he sexually harassed a female professor. McCubbin, a former dean of the Wisconsin's School of Human Ecology, said yesterday he was unaware of the December 1999 settlement and that the university found no wrongdoing when it investigated the woman's complaint. The sordid allegations of a 5-year-old sexual harassment complaint came to the forefront this week after the 61-year- old McCubbin resigned from his $350,000-a-year post at the Kamehameha Schools amid allegations he had an improper relationship with a female staffer. McCubbin had no comment on the Kamehameha Schools' investigation, and the estate refused to discuss the circumstances of McCubbin's departure. The trust also had no comment on the Wisconsin matter. McCubbin, a 1959 Kamehameha Schools graduate, said on Monday that he resigned because he has achieved many of the goals he set when he joined the trust three years ago and wanted to spend more time with his family. He added that he took the job with the understanding that he would serve as a transitional CEO. The Kamehameha Schools' five-member board began an investigation of McCubbin several months ago after it received a complaint from employees who work in McCubbin's office that their boss was having an affair with another employee in that office. -- Advertisements- - -- Advertisements- - 2/17/25, 3:20 Honolulu Star-Bulletin Hawaii News 1/3 person close to the investigation said the $6 billion charitable trust re- examined the Wisconsin case in light of the recent allegations. In the University of Wisconsin complaint, a former assistant professor, Jikyeong Kang, alleged that McCubbin pursued an unwanted personal relationship with her over three years, beginning in 1995 while he served as dean of her department. Kang, now a professor at the University of Manchester in England, alleged that McCubbin repeatedly kissed her against her will, persistently called her at her home at night, asked her to massage him, and suggested that they have an intimate relationship. During one uninvited visit to her home on Aug. 13, 1997, McCubbin asked Kang to give him a massage, Kang said. When Kang refused, McCubbin asked her if she would massage him if she received tenure, she said. During the summer of 1997, Kang alleged that McCubbin pressed her to take his hotel room key when they were both in London on separate business trips. She said that McCubbin obtained a copy of her itinerary before the trip and booked a room in the same hotel. McCubbin later moved to another hotel after he found out that she was staying with colleagues, Kang said. He later told her not to tell their colleagues that they met in London, said Kang. \"Dr. Kang found this behavior unwelcome and did not accept his invitations so far as she felt able,\" Linda Harfst, Kang's attorney, said in the complaint. \"She tried to make it clear to Dean McCubbin that she did not want an intimate relationship with him.\" McCubbin said a formal investigation conducted by the University of Wisconsin in early 1999 found that Kang's allegations were false Jan. 7, 2000, story in the Wisconsin State Journal quoted university official Casey Nagy as saying that a university investigation in early 1999 revealed no misconduct. But Nagy also told the Journal that the investigation led to discussions between McCubbin and the school's provost and chancellor over the direction of the school. McCubbin stepped down as dean in 1999 after serving 14 years in the position, but remained as a tenured university professor until January 2000, when he joined the Kamehameha Schools. McCubbin previously told the Star-Bulletin that Kang filed her complaint after she was denied tenure by faculty members. As dean, McCubbin had the authority to override the faculty's decision, but he declined to do so, he had said. McCubbin said yesterday that he disclosed the matter to the Kamehameha Schools board when he was hired three years ago. 2/17/25, 3:20 Honolulu Star-Bulletin Hawaii News 2/3 \"Had been under investigation or if there was a lingering issue would never have put Kamehameha Schools in that predicament,\" he said. According to a December 1999 settlement agreement, the University of Wisconsin paid $85,813 to Kang. The payment represented the amount that Kang would have earned as an assistant professor for the period in which the alleged incidents occurred. The settlement also called for Kang to resign from the university. Harfst said yesterday that Kang settled because she wanted to move on with her life. Harfst added that she was not surprised by McCubbin's current controversy at Kamehameha. Kamehameha Schools archive Kamehameha Schools E-mail to City Desk Text Site Directory: [News] [Business] [Features] [Sports] [Editorial] [Do It Electric!] [Classified Ads] [Search] [Subscribe] [Info] [Letter to Editor] [Feedback] \u00a9 2003 Honolulu Star-Bulletin -- -Advertisement- 2/17/25, 3:20 Honolulu Star-Bulletin Hawaii News 3/3", "7848_103.pdf": "a0865d8f248a.html McCubbin's past raising concerns Alexandre Da Silva Ka Leo News Editor Sep 17, 2003 Hamilton McCubbin Members of the University of Hawai'i community sent a letter to UH-Manoa Chancellor Peter Englert citing concerns over one of the candidates applying for the position of vice chancellor for academic affairs letter dated Sept. 8 and signed by 75 people, including directors, professors, graduate students and alumni, expresses concerns over how past allegations of sexual misconduct involving Hamilton McCubbin might impact his role if he is appointed to the position. \"All of us in our University of Hawai'i community should be concerned about the impact of these contentions on Dr. McCubbin's role within his next academic year,\" the letter read. \"We urge you (Englert) and the search committee to ask hard questions and to consider the implications of hiring a candidate with such serious and very public allegations against him.\" Beverly McCreary, gender equity counselor at UH-Manoa, forwarded the letter Sept. 3 urging people to read it and contact Christine Quemuel, director of the Women's Center at UH, if they planned to sign it before the letter was sent to the Englert's office Sept. 8 The letter says the \"is one of the most important and sensitive positions\" at UH-Manoa and that \"all academic matters, including tenure and promotion decisions are funneled through his office.\" In 1999 McCubbin resigned as Dean of the University of Wisconsin's School of Human Ecology, where Assistant Professor Jikyeong Kang filed a sexual harassment complain against him. 2/17/25, 3:20 McCubbin's past raising concerns | | manoanow.org 1/2 An investigation by UW-Madison found McCubbin not guilty and paid Kang $85,813 to settle the case on December 1999. One month after, in January of 2000, McCubbin was hired as Chief Executive Officer at Kamehameha Schools with an annual salary of $350,000. In May of 2003 Kamehameha Schools conducted two separate investigations of sexual misconduct allegations involving McCubbin. McCubbin stepped down as Kamehameha School's one week after the second investigation was completed. McCubbin, who had been praised as having brought stability back to a school previously charged with money mismanagement, said he resigned to spend more time with family, to take care of his health and because he had done his job as a temporary CEO. McCubbin, one of four candidates being evaluated for UH's position, said the criticism is healthy and should be encouraged. He said he e-mailed professors and other interested members saying he would be willing to meet with them to discuss the issues. McCubbin also said past allegations of sexual harassment \"have been proven false\" and that people should focus on the candidates instead. \"The search committee has identified four good candidates,\" McCubbin said. \"And that's where the attention has to be. \"It's not fair for the other candidates,\" he added. Ruth Dawson, a professor of women's studies who signed the letter, compared to a police station that should carefully debate when considering hiring a police officer with a record of malpractices. She said \"McCubbin has a cloud over his head\" regarding sexual harassment allegations and that if he is appointed to the position, he will be handling sexual harassment issues. \"What concerns me,\" Dawson said, \"Is that the University of Hawai'i vice chancellor for academic affairs will not have credibility on campus.\" 2/17/25, 3:20 McCubbin's past raising concerns | | manoanow.org 2/2"} |
7,587 | J.W. Wiley | State University of New York - Plattsburgh | [
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] | {"7587_101.pdf": "From Casetext: Smarter Legal Research Wiley v. Plattsburgh Sep 27, 2019 407 F. Supp. 3d 119 (N.D.N.Y. 2019) Copy Citation Download Check Treatment Meet CoCounsel, pioneering that\u2019s secure, reliable, and trained for the law. Try CoCounsel free 8:18-cv-1399 (GLS/DJS) 09-27-2019 J.W. WILEY, Ed.D, Plaintiff, v. Suny et al., Defendants PLAINTIFF: Satter Law Firm R. BLOOD, ESQ., 217 South Salina Street, 6th Floor Syracuse 13202 Plattsburgh, John Ettling, and Butterfly Blaise JAMES, New York State Attorney General J. STARLIN, Assistant Attorney General, The Capitol, Albany 12224; Vrinda Kumar: Greenberg Traurig E. NEIDL, ESQ., Albany, 54 State Street, 6th Sign In Search all cases and statutes... Opinion Case details 2/17/25, 3:21 Wiley v. Plattsburgh, 407 F. Supp. 3d 119 | Casetext Search + Citator 1/18 Gary L. Sharpe, U.S. District Judge Floor, Albany 12207 Plattsburgh Student Association: Carter, Conboy, Case, Blackmore, Maloney & Laird E. HANSEN, ESQ., 20 Corporate Woods Boulevard, Albany 12211 *122 122 PLAINTIFF: Satter Law Firm R. BLOOD, ESQ., 217 South Salina Street, 6th Floor Syracuse 13202 Plattsburgh, John Ettling, and Butterfly Blaise JAMES, New York State Attorney General J. STARLIN, Assistant Attorney General, The Capitol, Albany 12224; Vrinda Kumar: Greenberg Traurig E. NEIDL, ESQ., Albany, 54 State Street, 6th Floor, Albany 12207 Plattsburgh Student Association: Carter, Conboy, Case, Blackmore, Maloney & Laird E. HANSEN, ESQ., 20 Corporate Woods Boulevard, Albany 12211 Gary L. Sharpe, U.S. District Judge I. Introduction Plaintiff J.W. Wiley brings this action against the following defendants: his former employer Plattsburgh; its president, John Ettling; its Title coordinator, Butterfly Blaise; a student intern in its Title office, Vrinda Kumar; and the Plattsburgh Student Association. (Compl., Dkt. No. 1.) Wiley alleges that he was discriminated against due to his race and gender, and eventually fired after complaining about discrimination involving the Title office. (See generally id. ) Pending are three motions to dismiss filed by defendants. For the following reasons, Kumar's motion, (Dkt. No. 14), is granted; the motion filed by Ettling, Blaise, and 2/17/25, 3:21 Wiley v. Plattsburgh, 407 F. Supp. 3d 119 | Casetext Search + Citator 2/18 Plattsburgh, (Dkt. No. 15); is granted in part and denied in part; and the Plattsburgh Student Association's motion, (Dkt. No. 19), is granted. II. Background A. Facts 1 1 Unless otherwise noted, the facts are drawn from the complaint and presented in the light most favorable to Wiley. 1. Background Wiley, an African American male, began *123 working for Plattsburgh as the Director of the Center of Diversity, Pluralism, and Inclusion in September 2000. (Compl. \u00b6\u00b6 4, 10.) 123 2 2 Plattsburgh is a public university in the system located in Clinton County, New York. (Compl. \u00b6 5.) It receives federal financial assistance to fund university operations. (Id. ) In November 2004 Plattsburgh's Title coordinator, Lynda Ames, informed Wiley that a student in the Gender and Women's Studies (GWS) Department filed an informal sexual harassment complaint against him. (Id. \u00b6 12.) Ultimately, the student did not move the complaint to the formal process and her claims were not substantiated. (Id. \u00b6\u00b6 13-14.) However, \"rumors began to circulate around ... campus, accusing ... Wiley of being a sexual predator.\" (Id. \u00b6 15.) 3 3 Wiley believes these rumors were generated by the Department. (Compl. \u00b6 16.) Five years later, professor Erin Mitchell, who was \"operating\" the Department at the time, posted a comment on Wiley's blog that referenced \"his supposed \u2018widespread reputation for disrespect towards, harassment of, and sexually predatory behaviors against women\u2019 \" as well as his \" \u2018insidious, and infamous, misogyny.\u2019 \" (Id. \u00b6\u00b6 16-17.) \"Soon thereafter, the previous rumors that [he] was a sexual predator resurfaced[.]\" (Id. \u00b6 19.) On a later undisclosed date, two of Wiley's students\u2014both of whom were executive officers in the Student Association and minored in GWS\u2014filed 4 2/17/25, 3:21 Wiley v. Plattsburgh, 407 F. Supp. 3d 119 | Casetext Search + Citator 3/18 complaints after Wiley showed a film in class that allegedly \"made them question whether [he] would \u2018find any fault with pressuring his current female students to have sex with him\u2019 \" and \"created a hostile environment in the classroom.\" (Id. \u00b6\u00b6 20, 22, 24.) Ames was assigned to investigate the complaints. (Id. \u00b6 24.) 4 The Student Association \"is a student-run organization governed by elected executive council members and charged with voicing the concerns and interests of the student body. Funded by student fees, [it] is also tasked with providing students [with] a variety of campus-wide events and activities.\" (Compl. \u00b6 9.) On February 18, 2010, Wiley asked Ettling to remove Ames from the investigation given her involvement with the 2004 complaint and affiliation with the Department. (Id. \u00b6 25.) Professors Mitchell and Simona Sharoni, the Chair of the Department at the time, \"provid[ed] harsh criticism\" of Wiley and his use of the film clip, (id. \u00b6 23), and Wiley believed that \"Ames, Mitchell[,] and Sharoni were working in tandem to undermine his reputation by labeling him, based on his race and gender, with the ... destructive, stereotype and behavior perpetrating the \u2018Myth of the Black Rapist,\u2019 \" (id. \u00b6 27). Although Ames remained involved in the investigation, \"the students' complaint regarding the film clip was found to be baseless.\" (Id. \u00b6\u00b6 28-29.) 5 5 Ettling was appointed president of Plattsburgh in June 2004 and remained in that position at all times relevant to this action. (Compl. \u00b6 6.) Still, in March 2010, Wiley requested that Ettling \"examine the relationship between ... Ames, Mitchell[,] and Sharoni, the Department, and the false accusations and rumors that continued.\" (Id. \u00b6 30.) Specifically, Wiley complained that the circumstances \"created a hostile work environment related to his race and gender.\" (Id. \u00b6 31.) 2. Kumar's Involvement In 2018, Kumar, former president of the Student Association, began interning in *124 the Title office, where she worked with Blaise, the new Title coordinator. (Id. \u00b6\u00b6 34-36.) Blaise was also a professor in the Department. (Id. \u00b6 36.) 124 6 2/17/25, 3:21 Wiley v. Plattsburgh, 407 F. Supp. 3d 119 | Casetext Search + Citator 4/18 6 Blaise was hired by Plattsburgh for this position in July 2015. (Compl. \u00b6 7.) On or about February 13, 2018, Kumar asked Wiley's former office assistant \"personally invasive questions, including whether [she] had ever been sexually harassed by ... Wiley.\" (Id. \u00b6\u00b6 37-38.) After learning of this interaction, Wiley met with Ettling and complained that Kumar was conducting a Title investigation into prior unsubstantiated complaints. (Id. \u00b6\u00b6 42-43.) 3. The Public Forums On or about February 14, 2018\u2014the day after Kumar questioned Wiley's former office assistant\u2014an unrelated racially charged incident occurred on campus. (Id. \u00b6 46.) In response, Black Onyx (a student group that advocated for racial justice) organized protests, called for the resignation of Plattsburgh administrators, and worked with the Student Association to propose a vote of \"no confidence\" for some administrators, including, \"at the Student Association's insistence,\" Wiley. (Id. \u00b6\u00b6 48-49.) 7 7 \"The incident stemmed from a student's public SnapChat post, which read \u2018Lynching Niggers Tonight.\u2019 \" (Compl. \u00b6 46.) On February 15, 2018 Plattsburgh held a public forum that was attended by approximately 700 people, including Ettling, Blaise, and Kumar. (Id. \u00b6 50.) After members of the Student Association announced the \"no confidence\" results, those in attendance were offered a chance to speak. (Id. \u00b6 51.) One student stated that would like to have a Chief Diversity Officer that haven't heard disrespects women.\u2019 \" (Id. \u00b6 52.) This comment \"diverted the debate ... to salacious and unfounded rumors about ... Wiley.\" (Id. \u00b6 53.) Thereafter, \"Blaise stood up and made several provocative statements before encouraging attendees to come forward with allegations against ... Wiley.\" (Id. \u00b6 55.) Blaise said she was trying to do the right thing and that she \" \u2018wo[uld not] sit quietly while survivors [we]re being silenced.\u2019 \" (Id. \u00b6 56 few days later, a flyer was posted in campus bathrooms that stated, \" \u2018We need a [C]hief [D]iversity [O]fficer who can protect us. But how can you do that when you sexually harass us?\u2019 \" (Id. \u00b6 58.) 2/17/25, 3:21 Wiley v. Plattsburgh, 407 F. Supp. 3d 119 | Casetext Search + Citator 5/18 4. Complaints to Ettling On February 20, 2018, Wiley again complained to Ettling that Blaise and Kumar were abusing their Title positions. (Id. \u00b6 59.) Ettling told Wiley that he would not allow Blaise to conduct an investigation \"because of her \u2018inability to be objective.\u2019 \" (Id. \u00b6 61.) Ettling also told Wiley that he was not currently under investigation. (Id. ) 8 8 month prior, New York's Supreme Court, Appellate Division highlighted Blaise's misinterpretation of the state education law and Plattsburgh's student conduct manual as they related to the definition of \"affirmative consent.\" See Jacobson v. Blaise , 157 A.D.3d 1072, 1079, 69 N.Y.S.3d 419 (3d Dep't 2018). The dissent went so far as to label Blaise's testimony before the Student Conduct Board \"inaccurate and prejudicial\" to a male student who was expelled based on a complaint that he sexually assaulted a female peer. See id. at 1085. The next day, Wiley yet again complained to Ettling about Blaise and Kumar, as well as the rumors about him. (Id. \u00b6 64.) Specifically, he \"complained that the Title Office had become inappropriately associated with members of the Department and the Student Association.\" *125 (Id. ) This time, Wiley indicated that he was seeking legal counsel and considering a lawsuit. (Id. \u00b6 65.) 125 5. The Facebook Post On February 22, 2018, Wiley published a public Facebook post that \"rebutt[ed] the salacious allegations against him\" and \"suggested taking legal action against Plattsburgh and ... Ettling.\" (Id. \u00b6\u00b6 66, 107.) Ettling saw the post and told Wiley to \" \u2018[t]one it down.\u2019 \" (Id. \u00b6 67.) Wiley defended the post as \"his attempt to rebut the public accusations against his personal character and not simply his role as Plattsburgh's [Chief Diversity Officer],\" and again complained about Plattsburgh's investigatory practices. (Id. ) 9 9 The specific content of the post is unclear. (See generally Compl.) 6. Investigation and Termination 2/17/25, 3:21 Wiley v. Plattsburgh, 407 F. Supp. 3d 119 | Casetext Search + Citator 6/18 On March 8, 2018, Ettling notified Wiley that he was under investigation. (Id. \u00b6 68.) As a result, he was \"placed on alternate assignment, barred from being on campus, stripped of all supervisory authority, prohibited from teaching[,] and banned from communicating with individuals on campus.\" (Id. ) Wiley alleges that this prevented him from \"doing his job, further tarnished [his] reputation[,] and contributed to rumors of false allegations of sexually predatory behavior.\" (Id. \u00b6 72.) Wiley also alleges, upon information and belief, that \"Caucasian faculty [members] previously charged with ... sexual misconduct were allowed to continue teaching, pending the outcome of [an] investigation.\" (Id. \u00b6 74.) Furthermore, Wiley alleges, upon information and belief, that, during the investigation, Blaise, Kumar, and the Student Association were soliciting women to make allegations against him. (Id. \u00b6 73.) On or around April 19, 2018, Wiley filed a charge of discrimination and retaliation with the Equal Employment Opportunity Commission (EEOC). (Id. \u00b6 75.) On June 22, 2018, Ettling fired Wiley without explanation. (Id. \u00b6 76.) 10 10 Wiley does not attach a copy of the charge or a \"right to sue\" letter to his complaint. B. Procedural History Wiley commenced this action on November 30, 2018. (Id. ) He brings gender discrimination claims under Title of the Education Amendments of 1972 (Title IX) against all defendants, (id. \u00b6\u00b6 77-103); a Section 1983 claim based on a violation of the First Amendment against Plattsburgh and Ettling, (id. \u00b6\u00b6 104-10); a claim under Title of the Civil Rights Act (Title VII) based on race and gender discrimination, a Title retaliation claim, and various state law claims against Plattsburgh, (id. \u00b6\u00b6 111-49); as well as aiding and abetting claims under the New York State Human Rights Law (NYSHRL) against Ettling, Blaise, Kumar, and the Student Association, (id. \u00b6\u00b6 150-68). 11 12 13 14 11 See 20 U.S.C. \u00a7\u00a7 1681 -1688. 12 See 42 U.S.C. \u00a7 1983. 2/17/25, 3:21 Wiley v. Plattsburgh, 407 F. Supp. 3d 119 | Casetext Search + Citator 7/18 13 See 42 U.S.C. \u00a7\u00a7 2000e -2000e-17. 14 See N.Y. Exec. Law \u00a7 296(6). On January 25, 2019, Kumar moved to dismiss the complaint under Fed. R. Civ. P. 12(b)(6), (Dkt. No. 14), and Ettling, Blaise, and Plattsburgh moved to dismiss the complaint under Fed. R. Civ. P. 12(b)(1) and (6), (Dkt. No. 15). The Student Association's motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) followed. (Dkt. No. 19.)*126 III. Standard of Review 126 A. Rule 12(b)(6) The standard of review under Fed. R. Civ. P. 12(b)(6) is well settled and will not be repeated here. For a full discussion of the standard, the court refers the parties to its prior decision in Mills-Sanchez v. Research Found. for State Univ. of N.Y. , 1:18-cv-723, 2019 2549726, at *4-5 (N.D.N.Y. June 20, 2019), appeal filed , No. 19-2405 (2d Cir. Aug. 6, 2019). B. Rule 12(b)(1) Under Fed. R. Civ. P. 12(b)(1), the standard of review is similar to that of Rule 12(b)(6), except that the court \"may refer to evidence outside the pleadings ... [and] [a] plaintiff asserting subject matter jurisdiction has the burden of proving by a preponderance of the evidence that it exists.\" Makarova v. United States , 201 F.3d 110, 113 (2d Cir. 2000).15 15 Unless otherwise noted, case quotations omit all internal quotation marks, alterations, footnotes, and citations. IV. Discussion A. Title Claims Against Individuals Wiley's claims against Ettling, Blaise, and Kumar, (Compl. \u00b6\u00b6 77-103), fail as a matter of law because there is no personal liability under Title IX. See, e.g., Fitzgerald v. Barnstable Sch. Comm. , 555 U.S. 246, 257, 129 S.Ct. 788, 172 L.Ed.2d 582 (2009) ; Doe v. Rensselaer Polytechnic Inst. , No. 1:18-cv-1374, 2019 181280, at *3 (N.D.N.Y. Jan. 11, 2019). 16 16 It should be noted that Wiley fails to respond to defendants' facially meritorious arguments in favor of dismissal of these claims. (Compare Dkt. 2/17/25, 3:21 Wiley v. Plattsburgh, 407 F. Supp. 3d 119 | Casetext Search + Citator 8/18 No. 14, Attach. 1 at 9; Dkt. No. 15, Attach. 1 at 17, with Dkt. No. 16 at 15-20); see Johnson v. Lew , No. 1:13-CV-1072, 2015 4496363, at *5 & n.6 (N.D.N.Y. July 23, 2015) (\"In this District, when a non-movant willfully fails to oppose a legal argument asserted by a movant, the movant's burden with regard to that argument is lightened, such that, in order to succeed on that argument, the movant need only show that the argument possess[es] facial merit, which has appropriately been characterized as a \u2018modest\u2019 burden.\"). B. State Law Claims 1. Sovereign Immunity Wiley concedes that sovereign immunity bars his state law claims against Plattsburgh. (Dkt. No. 16 at 1 n.1, 21.) As such, all of Wiley's state law claims against Plattsburgh, (Compl. \u00b6\u00b6 111-18, 135-49), are dismissed for lack of subject matter jurisdiction. See Dube v. State Univ. of N.Y. , 900 F.2d 587, 594 (2d Cir. 1990) ; Serrano v. New York State Dep't of Envtl. Conservation , No. 12-CV-1592, 2013 6816787, at *14 (N.D.N.Y. Dec. 20, 2013) ; Fry v. McCall , 945 F. Supp. 655, 661 (S.D.N.Y. 1996). 3. Aiding and Abetting Claims Given that the only primary claims are dismissed based on sovereign immunity, the individual defendants cannot be liable for aiding and abetting those claims under \u00a7 296(6). See *127 Soloviev v. Goldstein , 104 F. Supp. 3d 232, 253 (E.D.N.Y. 2015) (\"[A]s [p]laintiffs cannot state a claim against under [the ... because the claims are barred by the Eleventh Amendment, [p]laintiffs also cannot state a claim against the [i]ndividual [d]efendants in their individual capacities as aiders and abettors.\"), appeal dismissed , No. 15-1865 (2d Cir.). As such, Wiley's aiding and abetting claims against Ettling, Blaise, Kumar, and the Student Association, (Compl. \u00b6\u00b6 150-68), are dismissed. 17 127 17 In his response, (Dkt. No. 16 at 21), Wiley relies on a decision from this District that stated \"the Eleventh Amendment does not bar suit under \u00a7 296 against a state employee in his or her individual capacity.\" Trostle v. State of New York , 1:13-CV-709, 2016 1175215, at *9 (N.D.N.Y. Mar. 24, 2016) (citing Lore v. City of Syracuse , 670 F.3d 127, 169 (2d Cir. 2012) ). However, context matters. In Trostle , the plaintiff did not assert any claims under \u00a7 296 in her complaint, so the court made no ruling on 2/17/25, 3:21 Wiley v. Plattsburgh, 407 F. Supp. 3d 119 | Casetext Search + Citator 9/18 whether the Eleventh Amendment, which barred plaintiff's \u00a7 297 claims against a state agency defendant, foreclosed plaintiff's aiding and abetting claims against individual defendants. See Trostle , 2016 1175215, at *1, *8- *9. Moreover, the Second Circuit case cited in Trostle involved a suit against a municipality, and only stands for the proposition that liability may be imposed on individuals under the NYSHRL. See Lore , 670 F.3d 127, 168-69. Likewise, Wiley's reliance on Dodd v. City Univ. of N.Y. , 17 Civ. 9932, 2018 4284289 (S.D.N.Y. Sept. 7, 2018), (Dkt. No. 16 at 21), is misplaced because that court \"ha[d] no occasion to reach th[e] issue\" of whether \"claims against the individual defendants must be dismissed, on the ground that the individual defendants cannot be liable for aiding and abetting an institution that is not subject to suit under the [NYS]HRL.\" 2018 4284289, at *9. C. Section 1983 : First Amendment Retaliation 1 Plattsburgh Wiley cannot state a Section 1983 claim against Plattsburgh because \" \u2018the State University is not a \"person\" within 42 U.S.C. \u00a7 1983.\u2019 \" Syrkin v. State Univ. of N.Y. , No. 04-CV-4336, 2005 2387819, at *3 (E.D.N.Y. Sept. 29, 2005) (quoting Blanton v. State Univ. of N.Y. , 489 F.2d 377, 382 (2d Cir. 1973) ). As such, Wiley's Section 1983 claim against Plattsburgh, (Compl. \u00b6\u00b6 104-10), is dismissed. 2. Ettling Wiley's Section 1983 claim against Ettling in his individual capacity is premised on the theory that Wiley's removal from campus and subsequent termination were in retaliation for exercising his First Amendment right to petition the government for redress of grievances. (Compl. \u00b6\u00b6 104-10.) Specifically, he references two such petitions: (1) \"complaining to ... Ettling about animus motivated by race and gender\" and (2) \"posting complaints to his public social media account.\" (Id. \u00b6\u00b6 106-07.) Ettling argues that Wiley's claim must be dismissed because such personal grievances are not matters of public concern protected by the First Amendment. (Dkt. No. 15, Attach. 1 at 22.) 18 18 To the extent that Wiley attempts to bring a claim against Ettling in his official capacity, it is dismissed for the same reason as his claim against 2/17/25, 3:21 Wiley v. Plattsburgh, 407 F. Supp. 3d 119 | Casetext Search + Citator 10/18 Plattsburgh. See Will v. Mich. Dep't of State Police , 491 U.S. 58, 71, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989) (\"[N]either a State nor its officials acting in their official capacities are persons under \u00a7 1983.\"). \"Speech involves matters of public concern when it can be fairly considered as relating to any matter of political, social, or other concern to the community, or when it is a subject of ... general interest and of value and concern to the public.\" Lane v. Franks , 573 U.S. 228, 241, 134 S.Ct. 2369, 189 L.Ed.2d 312 (2014). \"Whether an employee's statement addresses a matter of public concern must be determined by the content, form[,] and context of a given statement.\" Connick v. Myers , 461 U.S. 138, 159, 103 S.Ct. 1684, 75 L.Ed.2d 708 (1983). Generally, \"corruption in a public program and misuse of state funds ... involves a matter of significant public concern.\" Lane , 573 U.S. at 241, 134 S.Ct. 2369. At this stage, it can be reasonably inferred that some of Wiley's complaints to Ettling addressed alleged corruption concerning Plattsburgh's Title *128 office. (Compl. \u00b6\u00b6 59, 64.) As such, this portion of Ettling's motion is denied. However, it cannot be reasonably inferred that Wiley's Facebook post addressed a matter of public concern. Given that Wiley failed to include the specific content of the post in his complaint, the court can only rely on his characterization of the same: the post \"rebutt[ed] the salacious allegations against him\" and \"suggested taking legal action,\" (Compl. \u00b6 66), which was \"his attempt to rebut the public accusations against his personal character and not simply his role as Plattsburgh's [Chief Diversity Officer],\" (id. \u00b6 67). Thus, by Wiley's own account, the post involved personal grievances concerning his own self-interest. See Ezekwo v. N.Y.C. Health & Hosp. Corp. , 940 F.2d 775, 781 (2d Cir. 1991) (holding physician's complaints were not a matter of public concern where primary aim was to protect own reputation, not the public welfare). As such, Wiley's Section 1983 claim is dismissed to the extent that it is premised on his Facebook post. (Compl. \u00b6 107.) 128 D. Remaining Claims Against Plattsburgh 1. Discrimination Claims 2/17/25, 3:21 Wiley v. Plattsburgh, 407 F. Supp. 3d 119 | Casetext Search + Citator 11/18 In order to state a cognizable Title discrimination claim, a plaintiff must demonstrate, among other things, that \"[an] adverse action occurred under circumstances giving rise to an inference of discrimination.\" Walsh v. N.Y.C. Housing Auth. , 828 F.3d 70, 75 (2d Cir. 2016). \"An inference of discrimination can arise from circumstances including, but not limited to, ... the more favorable treatment of employees not in the protected group; or the sequence of events leading to the plaintiff's discharge.\" Littlejohn v. City of New York , 795 F.3d 297, 312 (2d Cir. 2015). \"[A]t the initial stage of a litigation, the plaintiff's burden is minimal\u2014he need only plausibly allege facts that provide at least minimal support for the proposition that the employer was motivated by discriminatory intent.\" Vega v. Hempstead Union Free Sch. Dist. , 801 F.3d 72, 86-87 (2d Cir. 2015). 19 19 All of Wiley's discrimination claims are properly analyzed pursuant to Title principles. See Summa v. Hofstra Univ. , 708 F.3d 115, 123-24, 131 (2d Cir. 2013). The court agrees with Plattsburgh that the crux of Wiley's complaint contains only vague and conclusory allegations of discrimination. (Dkt. No. 15, Attach. 1 at 5-16.) That is, the majority of the complaint merely relays Wiley's subjective beliefs that defendants were discriminating against him but lacks factual support. (Compl. \u00b6\u00b6 16, 27, 30-31, 82, 97.) Even accepting Wiley's allegation made upon \"information and belief,\" that the the rumors about him started in the Department, (id. \u00b6 16), there are no facts from which it can be reasonably inferred that these rumors were spurred by his race or gender\u2014as opposed to prior complaints of misconduct against him, (id. \u00b6\u00b6 13-15, 19, 22, 24, 52-53, 58). Even if the complaints levied against him were induced by discriminatory beliefs\u2014which there are no allegations to support\u2014the individuals making such complaints are not parties to this action. (Id. \u00b6\u00b6 12, 22.) Moreover, although Wiley suggests bias in prior investigations, none of the complaints were *129 substantiated. (Id. \u00b6\u00b6 14, 25, 29.) In sum, Wiley's subjective belief that he was stereotyped based on the \"Myth of the Black Rapist,\" (id. \u00b6 27), has no basis in fact. See Nungesser v. Columbia Univ. , 169 F. Supp. 3d 353, 365 (S.D.N.Y. 2016) (\"[Plaintiff]'s conclusory statement that he was publicly branded a serial rapist because he is a male, is belied by the facts he pleads.\"); Doe v. Univ. of Mass.\u2013Amherst , No. 14-cv-30143, 2015 4306521, at *8 (D. Mass. July 14, 2015) (dismissing 20 129 2/17/25, 3:21 Wiley v. Plattsburgh, 407 F. Supp. 3d 119 | Casetext Search + Citator 12/18 Title claim where plaintiff cited only comments that targeted him as someone accused of sexual assault, not comments \"suggestive of gender bias\"). 20 Compounding this issue is Wiley's \"fail[ure] to clearly state which of the facts alleged [in the complaint] apply to which individual [claims] against which defendant.\" (Dkt. No. 15, Attach. 1 at 5); see Mills-Sanchez, 2019 2549726, at *5 (\"When a party is represented by counsel, a court should not have to engage in guesswork to address every possible legal theory that is not clearly delineated in h[is] complaint.\"). Similarly, there is no indication that any of the comments made about Wiley at the public forum or posted on flyers thereafter were related to his race or gender. (Id. \u00b6\u00b6 48-49, 51, 53-56, 58.) In sum, Wiley's discrimination claims boil down to a classic false syllogism that fails to support an inference of discrimination am (fill in the protected class of which the plaintiff is a member); something bad happened to me ...; therefore the bad thing happened because am (fill in the protected class).\" Pertillar v W. and Cent. N.Y. , 5:16-cv-238, 2018 583115, at *6 (N.D.N.Y. Jan. 26, 2018) ; cf. Jones v. Target Corp. , 15-CV-4672, 2016 50779, at *3 (E.D.N.Y. Jan. 4, 2016) (\"Plaintiff's allegations fail to support a plausible inference of discrimination and [ ]he has not plausibly alleged that h[is] gender was a motivating factor in h[is] termination.\"); Khaleel v. Swissport USA, Inc. , No. 15-CV-4880, 2015 5307733, at *2 (E.D.N.Y. Sept. 10, 2015) (dismissing discrimination claim because \"[e]ven under the most liberal interpretation of [plaintiff's] complaint, he provides no facts that could possibly connect or link any adverse employment action to a protected status\"); Moccio v. Cornell Univ. , 889 F. Supp. 2d 539, 574 (S.D.N.Y. 2012) (\"That [plaintiff] was a [ ]man and was terminated is not nearly enough to support an inference of discrimination.\"). Furthermore, Wiley's allegation that Caucasian employees charged with sexual misconduct were allowed to continue teaching pending an investigation, (Compl. \u00b6 74), is a \"naked assertion[ ] devoid of further factual enhancement.\" Ashcroft v. Iqbal , 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) ; see Ruston v. Town Bd. of Skaneateles , 610 F.3d 55, 59 (2d Cir. 2010) (\"Under Iqbal , factual allegations must be sufficient to support necessary legal conclusions ... [and must] plausibly suggest an entitlement 2/17/25, 3:21 Wiley v. Plattsburgh, 407 F. Supp. 3d 119 | Casetext Search + Citator 13/18 to relief.\"). Critically missing are facts to support the notion that similarly situated employees were treated differently. See Winston v. City of New York , No. 12-CV-395, 2013 4516097, at *2-*3 (E.D.N.Y. Aug. 23, 2013) (disregarding conclusory allegation that defendants \"did not treat similarly situated male supervisors in [the same] manner\"); Howard v Metro\u2013N. Commuter R.R. , 866 F. Supp. 2d 196, 208 (S.D.N.Y. 2011) (\"[T]o show that similarly situated individuals were treated differently ... it is insufficient to offer little more than conclusory statements or sweeping allegations.\"); Dickerson v. State Farm Fire & Cas. Co. , No. 95 Civ. 10733, 1996 445076, at *4 (S.D.N.Y. Aug. 1, 1996) (\"Plaintiff['s] naked allegation of racial selectivity is not enough.\"). As such, Wiley's discrimination claims under Title IX, Title VI, and the against Plattsburgh, (Compl. \u00b6\u00b6 77-103, 119-29, 135-44), are dismissed. 2. Retaliation Claims Wiley's retaliation claims against Plattsburgh are premised on the theory that \"[his] termination was an adverse *130 employment action causally connected to [his] complaints about race and gender discrimination.\" (Compl. \u00b6 133 Plattsburgh argues that \"[t]he [c]omplaint asserts speculative, wholly conclusory, boilerplate, unsupported allegations that the investigation and [Wiley's] termination were motivated by ... retaliation.\" (Dkt. No. 15, Attach. 1 at 2.) However, it only discusses Wiley's retaliation claims in earnest for the first time in its reply papers, (Dkt. No. 18 at 4-6), which is insufficient because it does not permit Wiley an opportunity to respond. See Carpenter v. Mohawk Valley Cmty. Coll. , 6:18- cv-1268, 2019 3338845, at *1 (N.D.N.Y. July 25, 2019). 130 To state a retaliation claim under Title VII, a plaintiff must plausibly allege \"(1) participation in a protected activity; (2) that the defendant knew of the protected activity; (3) an adverse employment action; and (4) a causal connection between the protected activity and the adverse employment action.\" Littlejohn , 795 F.3d at 315-16. \"The causal connection needed for proof of a retaliation claim can be established indirectly by showing that the protected activity was closely followed in time by the adverse action.\" 21 2/17/25, 3:21 Wiley v. Plattsburgh, 407 F. Supp. 3d 119 | Casetext Search + Citator 14/18 Lovejoy\u2013Wilson v Motor Fuel, Inc. , 263 F.3d 208, 224 (2d Cir. 2001) ; see Lambert v. Trump Int'l Hotel & Tower , 304 F. Supp. 3d 405, 423 (S.D.N.Y. 2018) (finding three months is, generally, the outer limit of time that can give rise to such an inference). 21 Such a claim is neither barred by the Eleventh Amendment, see Baez v. New York , 56 F. Supp. 3d 456, 464 (S.D.N.Y. 2014), aff'd , 629 F. App'x 116 (2d Cir. 2015), nor by the dismissal of Wiley's discrimination claims, see Treglia v. Town of Manlius , 313 F.3d 713, 719 (2d Cir. 2002 plaintiff may prevail on a claim for retaliation even when the underlying conduct complained of was not in fact unlawful[.]\"). At this stage, it is enough that Wiley alleges that Plattsburgh removed him from campus less than a month after he complained to Ettling about perceived discrimination and suggested that he may take legal action, then fired him without explanation approximately two months after he filed an charge complaining of discrimination and retaliation. (Compl. \u00b6\u00b6 66- 68, 75-76.) Accordingly, this portion of Plattsburgh's motion is denied. E. Title Claims Against the Student Association The Student Association argues that Wiley fails to state a Title discrimination claim against it because there are insufficient allegations regarding its involvement in any investigation or Wiley's subsequent termination. (Dkt. No. 19, Attach. 1 at 4.) In his response, Wiley asserts that \"the Student Association participated in discriminatory conduct by promoting ... sexist stereotypes about [him],\" \"encouraging Plattsburgh to take adverse actions against [him] based on his gender,\" and \"promot[ing] baseless and discriminatory rumors about [him], in addition to soliciting students, faculty and staff to bring complaints against [him].\" (Dkt. No. 21 at 6 (citing Compl. \u00b6\u00b6 165-66)). To be sure, at this stage, Wiley need only \"plead[ ] specific facts that support a minimal plausible inference of ... discrimination [on account of sex].\" Doe v. Columbia Univ. , 831 F.3d 46, 56 (2d Cir. 2016). However, the crux of the allegations cited in Wiley's response concerning the Student Association's 2/17/25, 3:21 Wiley v. Plattsburgh, 407 F. Supp. 3d 119 | Casetext Search + Citator 15/18 \"participat[ion] in discriminatory conduct\" are vague and conclusory. (Dkt. No. 21 at 6 (citing Compl. \u00b6\u00b6 164-68)); see In re Facebook, Inc. , 797 F.3d 148, 159 (2d Cir. 2015) (\"[The court is] not ... bound to accept *131 conclusory allegations or legal conclusions masquerading as factual conclusions.\"). Additionally, the specific allegations involving the Student Association or its former members, (Compl. \u00b6\u00b6 21-22, 34, 38, 49, 51, 73), do not support a minimal inference of gender discrimination. See Pertillar , 2018 583115, at *5-*6 ; Jones , 2016 50779, at *3 ; Nungesser , 169 F. Supp. 3d at 364-65 ; Univ. of Mass.\u2013Amherst , 2015 4306521, at *8. 131 Furthermore, there is nothing in the complaint from which it can be reasonably inferred that the Student Association \"harbored discriminatory animus toward [him],\" (Dkt. No. 21 at 6), as opposed to personal animus based on previous complaints and the perceived mishandling of a racial incident on campus. Cf. Sanches v. Carrollton-Farmers Branch Indep. Sch. Dist. , 647 F.3d 156, 165 (5th Cir. 2011) (dismissing Title claim where there was \"nothing in the record to suggest\" that defendant's conduct \"was motivated by anything other than personal animus\"); Eskenazi\u2013McGibney v. Connetquot Cent. Sch. Dist. , 84 F. Supp. 3d 221, 233 (E.D.N.Y. 2015) (dismissing claims where plaintiffs failed to allege non-conclusory facts connecting harassment to a protected characteristic, and harassment may have been based on some other reason \"such as personal animus\"). And, for the reasons previously discussed, it cannot be reasonably inferred that the Student Association participated in any discriminatory conduct on the part of Plattsburgh. See supra Part IV.D.2. As such, Wiley's Title claims against the Student Association, (Compl. \u00b6\u00b6 77-103), are dismissed.22 22 The court does not reach the issue of whether the Student Association is a proper Title defendant. (Dkt. No. 19, Attach. 1 at 3-4.) -------- V. Conclusion , for the foregoing reasons, it is hereby that Kumar's motion to dismiss (Dkt. No. 14) is ; and it is further 2/17/25, 3:21 Wiley v. Plattsburgh, 407 F. Supp. 3d 119 | Casetext Search + Citator 16/18 that the motion to dismiss filed by Plattsburgh, Ettling, and Blaise (Dkt. No. 15) is and as follows with respect to Wiley's Section 1983 claim against Ettling, (Compl. \u00b6\u00b6 104-06, 108-10), and his Title retaliation claim against Plattsburgh, (id. \u00b6\u00b6 130-134); and in all other respects; and it is further that the Student Association's motion to dismiss (Dkt. No. 19) is ; and it is further that the Clerk terminate Butterfly Blaise, Vrinda Kumar, and the Plattsburgh Student Association as parties to this action; and it is further that the remaining parties shall file a responsive pleading in accordance with the rules; and it is further that the remaining parties contact Magistrate Judge Daniel J. Stewart to schedule further proceedings in accordance with this Memorandum-Decision and Order; and it is further that the Clerk provide a copy of this Memorandum-Decision and Order to the parties ORDERED. About us Jobs News Twitter 2/17/25, 3:21 Wiley v. Plattsburgh, 407 F. Supp. 3d 119 | Casetext Search + Citator 17/18 Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/17/25, 3:21 Wiley v. Plattsburgh, 407 F. Supp. 3d 119 | Casetext Search + Citator 18/18", "7587_102.pdf": "Federal Cases ( Wiley v. Plattsburgh Decision Date 27 September 2019 Docket Number 8:18-cv-1399 (GLS/DJS) Citation 407 F.Supp.3d 119 Parties J.W. WILEY, Ed.D, Plaintiff, v. Suny et al., Defendants. Court U.S. District Court \u2014 Northern District of New York Your World of Legal Intelligence (/) United States | 1-800-335-6202 Document Cited authorities 32 Cited in 5 Precedent Map Related 407 F.Supp.3d 119 J.W. WILEY, Ed.D, Plaintiff, v.Suny et al., Defendants. 8:18-cv-1399 (GLS/DJS) United States District Court, N.D. New York. Signed September 27, 2019 PLAINTIFF: Satter Law Firm R. BLOOD, ESQ., 217 South Salina Street, 6th Floor Syracuse 13202 Plattsburgh, John Ettling, and Butterfly Blaise JAMES, New York State Attorney General J. STARLIN, Assistant Attorney General, The Capitol, Albany 12224; Vrinda Kumar: Greenberg Traurig E. NEIDL, ESQ., Albany, 54 State Street, 6th Floor, Albany 12207 Plattsburgh Student Association: Carter, Conboy, Case, Blackmore, Maloney & Laird E. HANSEN, ESQ., 20 Corporate Woods Boulevard, Albany 12211 Gary L. Sharpe, U.S. District Judge I. Introduction uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 Plaintiff J.W. Wiley brings this action against the following defendants: his former employer Plattsburgh; its president, John Ettling; its Title coordinator, Butterfly Blaise; a student intern in its Title office, Vrinda Kumar; and the Plattsburgh Student Association. (Compl., Dkt. No. 1.) Wiley alleges that he was discriminated against due to his race and gender, and eventually fired after complaining about discrimination involving the Title office. (See generally id. ) Pending are three motions to dismiss filed by defendants. For the following reasons, Kumar's motion, (Dkt. No. 14), is granted; the motion filed by Ettling, Blaise, and Plattsburgh, (Dkt. No. 15); is granted in part and denied in part; and the Plattsburgh Student Association's motion, (Dkt. No. 19), is granted. II. Background A. Facts 1 1. Background Wiley, an African American male, began working for Plattsburgh2 as the Director of the Center of Diversity, Pluralism, and Inclusion in September 2000. (Compl. \u00b6\u00b6 4, 10.) In November 2004 Plattsburgh's Title coordinator, Lynda Ames, informed Wiley that a student in the Gender and Women's Studies (GWS) Department filed an informal sexual harassment complaint against him. (Id. \u00b6 12.) Ultimately, the student did not move the complaint to the formal process and her claims were not substantiated. (Id. \u00b6\u00b6 13-14.) However, \"rumors began to circulate around ... campus, accusing ... Wiley of being a sexual predator.\"3 (Id. \u00b6 15.) Five years later, professor Erin Mitchell, who was \"operating\" the Department at the time, posted a comment on Wiley's blog that referenced \"his supposed \u2018widespread reputation for disrespect towards, harassment of, and sexually predatory behaviors against women\u2019 \" as well as his \" \u2018insidious, and infamous, misogyny.\u2019 \" (Id. \u00b6\u00b6 16-17.) \"Soon thereafter, the previous rumors that [he] was a sexual predator resurfaced[.]\" (Id. \u00b6 19.) On a later undisclosed date, two of Wiley's students\u2014both of whom were executive officers in the Student Association4 and minored in GWS\u2014filed complaints after Wiley showed a film in class that allegedly \"made them question whether [he] would \u2018find any fault with pressuring his current female students to have sex with him\u2019 \" and \"created a hostile environment in the classroom.\" (Id. \u00b6\u00b6 20, 22, 24.) Ames was assigned to investigate the complaints. (Id. \u00b6 24.) On February 18, 2010, Wiley asked Ettling5 to remove Ames from the investigation given her involvement with the 2004 complaint and affiliation with the Department. (Id. \u00b6 25.) Professors Mitchell and Simona Sharoni, the Chair of the Department at the time, \"provid[ed] harsh criticism\" of Wiley and his use of the film clip, (id. \u00b6 23), and Wiley believed that \"Ames, Mitchell[,] and Sharoni were working in tandem to undermine his reputation by labeling him, based on his race and gender, with the ... destructive, stereotype and behavior perpetrating the \u2018Myth of the Black Rapist,\u2019 \" (id. \u00b6 27). Although Ames remained involved in the investigation, \"the students' complaint regarding the film clip was found to be baseless.\" (Id. \u00b6\u00b6 28-29.) Still, in March 2010, Wiley requested that Ettling \"examine the relationship between ... Ames, Mitchell[,] and Sharoni, the Department, and the false accusations and rumors that continued.\" (Id. \u00b6 30.) Specifically, Wiley complained that the circumstances \"created a hostile work environment related to his race and gender.\" (Id. \u00b6 31.) 2. Kumar's Involvement In 2018, Kumar, former president of the Student Association, began interning in the Title office, where she worked with Blaise, the new Title coordinator.6 (Id. \u00b6\u00b6 34-36.) Blaise was also a professor in the Department. (Id. \u00b6 36.) On or about February 13, 2018, Kumar asked Wiley's former office assistant \"personally invasive questions, including whether [she] had ever been sexually harassed by ... Wiley.\" (Id. \u00b6\u00b6 37-38.) After learning of this interaction, Wiley met with Ettling and complained that Kumar was conducting a Title investigation into uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 prior unsubstantiated complaints. (Id. \u00b6\u00b6 42-43.) 3. The Public Forums On or about February 14, 2018\u2014the day after Kumar questioned Wiley's former office assistant\u2014an unrelated racially charged incident occurred on campus.7 (Id. \u00b6 46.) In response, Black Onyx (a student group that advocated for racial justice) organized protests, called for the resignation of Plattsburgh administrators, and worked with the Student Association to propose a vote of \"no confidence\" for some administrators, including, \"at the Student Association's insistence,\" Wiley. (Id. \u00b6\u00b6 48-49.) On February 15, 2018 Plattsburgh held a public forum that was attended by approximately 700 people, including Ettling, Blaise, and Kumar. (Id. \u00b6 50.) After members of the Student Association announced the \"no confidence\" results, those in attendance were offered a chance to speak. (Id. \u00b6 51.) One student stated that would like to have a Chief Diversity Officer that haven't heard disrespects women.\u2019 \" (Id. \u00b6 52.) This comment \"diverted the debate ... to salacious and unfounded rumors about ... Wiley.\" (Id. \u00b6 53.) Thereafter, \"Blaise stood up and made several provocative statements before encouraging attendees to come forward with allegations against ... Wiley.\" (Id. \u00b6 55.) Blaise said she was trying to do the right thing and that she \" \u2018wo[uld not] sit quietly while survivors [we]re being silenced.\u2019 \" (Id. \u00b6 56 few days later, a flyer was posted in campus bathrooms that stated, \" \u2018We need a [C]hief [D]iversity [O]fficer who can protect us. But how can you do that when you sexually harass us?\u2019 \" (Id. \u00b6 58.) 4. Complaints to Ettling On February 20, 2018, Wiley again complained to Ettling that Blaise and Kumar were abusing their Title positions. (Id. \u00b6 59.) Ettling told Wiley that he would not allow Blaise to conduct an investigation \"because of her \u2018inability to be objective.\u2019 \"8 (Id. \u00b6 61.) Ettling also told Wiley that he was not currently under investigation. (Id. ) The next day, Wiley yet again complained to Ettling about Blaise and Kumar, as well as the rumors about him. (Id. \u00b6 64.) Specifically, he \"complained that the Title Office had become inappropriately associated with members of the Department and the Student Association.\" (Id. ) This time, Wiley indicated that he was seeking legal counsel and considering a lawsuit. (Id. \u00b6 65.) 5. The Facebook Post On February 22, 2018, Wiley published a public Facebook post9 that \"rebutt[ed] the salacious allegations against him\" and \"suggested taking legal action against Plattsburgh and ... Ettling.\" (Id. \u00b6\u00b6 66, 107.) Ettling saw the post and told Wiley to \" \u2018[t]one it down.\u2019 \" (Id. \u00b6 67.) Wiley defended the post as \"his attempt to rebut the public accusations against his personal character and not simply his role as Plattsburgh's [Chief Diversity Officer],\" and again complained about Plattsburgh's investigatory practices. (Id. ) 6. Investigation and Termination On March 8, 2018, Ettling notified Wiley that he was under investigation. (Id. \u00b6 68.) As a result, he was \"placed on alternate assignment, barred from being on campus, stripped of all supervisory authority, prohibited from teaching[,] and banned from communicating with individuals on campus.\" (Id. ) Wiley alleges that this prevented him from \"doing his job, further tarnished [his] reputation[,] and contributed to rumors of false allegations of sexually predatory behavior.\" (Id. \u00b6 72.) Wiley also alleges, upon information and belief, that \"Caucasian faculty [members] previously charged with ... sexual misconduct were allowed to continue teaching, pending the outcome of [an] investigation.\" (Id. \u00b6 74.) Furthermore, Wiley alleges, upon information and belief, that, during the investigation, Blaise, Kumar, and the Student Association were soliciting women to make allegations against him. (Id. \u00b6 73 uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 To continue reading Request your trial On or around April 19, 2018, Wiley filed a charge of discrimination and retaliation with the Equal Employment Opportunity Commission (EEOC).10 (Id. \u00b6 75.) On June 22, 2018, Ettling fired Wiley without explanation. (Id. \u00b6 76.) B. Procedural History Wiley commenced this action on November 30, 2018. (Id. ) He brings gender discrimination claims under Title of the Education Amendments of 1972 (Title IX)11 against all defendants, (id. \u00b6\u00b6 77-103); a Section 1983 ( claim based on a violation of the First Amendment against Plattsburgh and Ettling, (id. \u00b6\u00b6 104-10); a claim under Title of the Civil Rights Act (Title VII)13 based on race and gender discrimination, a Title retaliation claim, and various state law claims against Plattsburgh, (id. \u00b6\u00b6 111-49); as well as aiding and abetting claims under the New York State Human Rights Law (NYSHRL)14 against Ettling, Blaise, Kumar, and the Student Association, (id. \u00b6\u00b6 150-68). On January 25, 2019, Kumar moved to dismiss the complaint under Fed. R. Civ. P. 12(b)(6), (Dkt. No. 14), and Ettling, Blaise, and Plattsburgh moved uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 5 cases Search in 5 citing cases \uf014 Miranda v. S. Country Cent. Sch. Dist. ( United States U.S. District Court \u2014 Eastern District of New York May 20, 2020 ...] specific facts that support a minimal plausible inference of ... discrimination [on account of gender].\" Wiley v. Plattsburgh, 407 F. Supp. 3d 119, 130 (N.D.N.Y. 2019) (quoting Doe v. Columbia Univ., 831 F.3d 46, 56 (2d Cir. 2016) ).For the same reasons that the \u00a7 1983 claim survives agai...... Roberts v. The Sage Corp. ( United States U.S. District Court \u2014 Northern District of New York August 16, 2021 ... ... See Lovejoy-Wilson v ... Motor Fuel, Inc., 263 F.3d 208, 224 (2d Cir. 2001) ... (quotation omitted); Wiley v. Plattsburgh, 407 ... F.Supp.3d 119, 130 (N.D.N.Y. 2019) (citation omitted); ... Lambert v. Trump Int'l Hotel and Tower, 304 ... ... Rys v. Grimm ( United States U.S. District Court \u2014 Northern District of New York March 4, 2021 ...class more favorably or, circumstantially, from \"'the sequence of events leading to the plaintiff's discharge.'\" Wiley v. Plattsburgh, 407 F. Supp. 3d 119, 128 (N.D.N.Y. 2019) (quoting Littlejohn v. City of New York, 795 F.3d 297, 312 (2d Cir. 2015)). Construing all allegations as to discri...... Horsey v ( United States U.S. District Court \u2014 Northern District of New York February 4, 2020 ...indirectly by showing that the protected activity was closely followed in time by the adverse action.\" Wiley v Plattsburgh, 407 F. Supp. 3d 119, 130 (N.D.N.Y. 2019) (Sharpe, J.). If the plaintiff can establish a prima facie case of retaliation, the burden shifts to the employer \"to ar...... Request a trial to view additional results uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 1-800-335-6202 Terms of use ( \u00a92025 vLex.com All rights reserved uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041", "7587_103.pdf": "( 180717.jpg) Dr. J.W. Wiley spoke at a campus protest in 2015. Photo: Zach Hirsch Ousted diversity officer sues Plattsburgh for discrimination ( diversity-officer-sues-suny- plattsburgh-for-discrimination PRODUCER) (/NEWS/REPORTERS/115/LAUREN- ROSENTHAL) Dec 06, 2018 former diversity officer at Plattsburgh is suing the school over alleged discrimination. Dr. J.W. Wiley was fired last summer after an investigation into claims he committed sexual harassment. According to a new lawsuit filed in federal court, Wiley Listen ( interactiv Podcasts Schedule Donate ( P=ONETIME&PAGETYPE=PLG&CHECK=D93JPtObQWQgp6 (/) Related stories fires Wiley, who shaped North Country debate on race ( fires-wiley-who-shaped-north-country- debate-on-race) says the process was tilted against him because of his race and gender, as a black man. Wiley alleges issues with Title office Over the last few years, Wiley helped lead some difficult (/news/story/32231/20160715/activists-boycott-pizza-shop-over-blue-lives-matter- sign)conversations (/news/story/29942/20151029/newspaper-s-racist-front-page- prompts-outrage-and-discussion)at Plattsburgh about race and discrimination. Wiley \u2014 who started as the director of a campus center for diversity and inclusion \u2014 also taught psychology and was eventually promoted to become Plattsburgh\u2019s chief diversity officer. But according to this federal lawsuit, there were ongoing problems between Wiley and the Plattsburgh Title office, which investigates claims of gender- based violence and harassment on campus. Wiley was the subject of at least three complaints and two Title investigations from 2004 to 2018, according to this court filing. The lawsuit claims that Wiley was never punished and that the cases should have stayed confidential \u2014 but that wasn't the case. Facing lawsuit Plattsburgh stands firm According to Wiley's court filing, a women\u2019s studies professor referred to complaints against Wiley during a class in 2010. In February 2018, another professor \u2014 who now serves as the director of the Title office \u2014 allegedly confronted Wiley at a public rally meant to address racism on campus (/news/story/35769/20180308/plattsburgh-keene-struggle-with-aftershocks-of- racist-joke), saying won\u2019t sit quietly while survivors are being silenced.\u201d According to the court documents, within a few weeks of that rally, the Title office opened another harassment investigation. This time, Wiley was asked to leave campus. By June 2018, he was out of a job. Wiley argues that campus officials made him out to be \u201ca sexual predator\" and played into \"the myth of the black rapist\u201d in firing him. He\u2019s asking the court for lost wages and unspecified damages from Plattsburgh. In a brief statement, university spokesman Ken Knelly pushed back against the lawsuit. \"We stand by the actions we took that were necessary to protect our students,\" Knelly said. Besides the school itself Plattsburgh\u2019s president and two Title staffers \u2014 including a current graduate student \u2014 are also listed as defendants in the lawsuit. Related Topics suny plattsburgh (/news/tags/suny-plattsburgh) \u00b7 jw wiley (/news/tags/jw-wiley) \u00b7 diversity (/news/tags/diversity) \u00b7 inclusion (/news/tags/inclusion) \u00b7 gender (/news/tags/gender) \u00b7 sexual harassment (/news/tags/sexual- harassment) \u00b7 title ix (/news/tags/title-ix) Comments Feel like talking about this? 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What to expect near you New York Capital Region Hudson Valley Business Opinion Entertainment TRENDING: Coyote attack closes preserve fears among upstate immigrants | Snow forec Black, male official says female-led Title office was out to get him By Rick Karlin, Staff Writer Updated Dec 3, 2018 8:08 p.m. Fired Plattsburgh administrator alleges reverse gender bias Subscribe Sign in 2/17/25, 3:21 Fired Plattsburgh administrator alleges reverse gender bias 1/6 Plattsburgh former administrator at the State University of New York at Plattsburgh has sued the school in federal court contending he was the victim of anti-male gender discrimination by the school\u2019s female-led Title enforcement staff. Additionally, J.W. Wiley, who is also African American, claims he was the victim of racial bias in a battle that has further ignited tensions at the North Country campus Plattsburgh Plattsburgh 2/17/25, 3:21 Fired Plattsburgh administrator alleges reverse gender bias 2/6 of 5,300. Wiley was fired last summer. The suit also relates to a classroom altercation that erupted in 2010 when Wiley showed students a sex scene from a feature film as part of a class he taught on \"Romance, Sex, Love and Marriage.\" Wiley came to Plattsburgh in 2000 when he was hired as Director of the Center of Diversity, Pluralism and Inclusion. He also taught in the Philosophy and Interdisciplinary Studies departments. In 2004 he was the subject of an \u201cinformal\u201d sexual harassment complaint that didn\u2019t move forward according to the suit. That was followed by a colleague\u2019s critique of Wiley on Wiley\u2019s blog, which led to an apology by the person posting the comment. More For You Colleges prepare for new Title sex assault guidelines In the 2010 incident, Wiley showed a sex scene from the 2001 film, \u201cStorytelling,\u201d according to an account in the Plattsburgh, Press-Republican. There was disagreement in Wiley's classroom over whether the scene \u2014 in which a male black professor has sex with his white female student \u2014 depicted a rape or not. Wiley had to quiet some of the students down. One of the reprimanded students was the executive vice president of the Student Association. Then, according to court papers, two students claimed that his showing of the clip \u201cmade them question whether Dr. Wiley would \u2018find any fault with pressuring his current female students to have sex with him.\u2019 \u201d 2/17/25, 3:21 Fired Plattsburgh administrator alleges reverse gender bias 3/6 Download this 1 of 24 \ue9c6\ue9a2 By 2015, Wiley had become Plattsburgh\u2019s chief diversity officer, according to the suit, which was filed in U.S. Northern District court by Syracuse lawyer Mimi Satter of the Satter Law Firm. 2/17/25, 3:21 Fired Plattsburgh administrator alleges reverse gender bias 4/6 Dec 3, 2018 | Updated Dec 3, 2018 8:08 p.m. Rick Karlin Rick Karlin covered the environment and energy development for the Times Union. He previously covered education and state government and wrote about natural resources and state government in Colorado and Maine. Most Popular 1. Damaging wind expected to move in after snow and ice 2. Albany wrestles with changing downtown 3. McCall endorsement sets stage for Cuomo to run for mayor 4. Coyote attacks man, shuts down Vischer Ferry Preserve 5. NY-21 Democrat under fire for decade-old interview Wiley is seeking his reinstatement and unspecified damages. The suit also alleges that during the 2017-18 school year, one of the defendants, a former student of Wiley\u2019s, had also served as a Student Association president asked for a personal reference from Wiley which she got. At the same time she obtained an internship in the campus Title office, and according to the lawsuit, began \u201cgathering information to discredit and harm\u201d Wiley Plattsburgh spokesman Ken Knelly said he couldn\u2019t comment since the matter was in litigation. [email protected] 518-454-5758 @RickKarlinTU 2/17/25, 3:21 Fired Plattsburgh administrator alleges reverse gender bias 5/6 Editors\u2019 Picks Photos: The 27th annual Fishkill Polar Plunge Twin brothers each win Section wrestling titles Coyo down Prese Let's Play Bongo Really Bad Chess Typeshift Pile-Up Poker About Contact Services Account \u00a9 2025 The Hearst Corporation Terms of Use Privacy Notice Interest Based Ads Your California Privacy Rights Top 2/17/25, 3:21 Fired Plattsburgh administrator alleges reverse gender bias 6/6", "7587_105.pdf": "by: Staci DaSilva Posted: Dec 4, 2018 / 09:43 Updated: Dec 5, 2018 / 03:32 fired Plattsburgh professor claims his nearly two decades long employment at the university was tainted by anti-male bias and racial discrimination. In a lawsuit filed in federal court, Dr. J.W. Wiley also accuses the university\u2019s president John Ettling, a faculty member, a student and the Plattsburgh Student Association of aiding and abetting race and gender discrimination \u201cAnti-male sex bias\u201d ruined my career, claims fired Plattsburgh professor 14 2/17/25, 3:21 \"Anti-male sex bias\" ruined my career, claims fired Plattsburgh professor 1/13 Dr. Wiley, who is black, was hired at the university in 2000 and was serving as Chief Diversity Officer when he was terminated in June, he says, without explanation Title investigation into sexual harassment allegations dating back to 2004 was conducted \u201cin an environment tainted by anti-male sex bias generated by the Plattsburgh [Gender and Women\u2019s Studies] Department,\u201d the lawsuit alleges. \u201cWhile we cannot comment on the details of a matter in litigation, these are baseless allegations and we stand by the actions we took that were necessary to protect our students,\u201d said Ken Knelly, a spokesperson for Plattsburgh > Next > Cancel \u2715 Next story in > Cancel Next story in 2/17/25, 3:21 \"Anti-male sex bias\" ruined my career, claims fired Plattsburgh professor 2/13 The lawsuit claims faculty members worked \u201cin tandem to undermine his reputation by labeling him, based on his race and gender, with the historically and statistically inaccurate, yet destructive, stereotype and behavior perpetrating the \u2018Myth of the Black Rapist\u2019.\u201d In one instance, Dr. Wiley describes complaints filed against him after he showed a film clip during his course \u201cRomance, Sex, Love & Marriage.\u201d Two students claimed that the use of the clip made them \u201cquestion whether Dr. Wiley would \u2018find any fault with pressuring his current female students to have sex with him,\u201d according to the lawsuit. Dr. Wiley denies all allegations made against him. He is asking a federal judge to reinstate him with wages lost \u201cby reason of defendants\u2019 unlawful actions in an amount to be proven at trial,\u201d among other relief requests. Copyright 2025 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed Finally, a cordless vacuum that really works on pet > Next > Next story in > Next story in 2/17/25, 3:21 \"Anti-male sex bias\" ruined my career, claims fired Plattsburgh professor 3/13 / 3 Days Ago From its strong suction power, to its signature sleek design, to its cutting-edge use of technology, the Dyson Gen5outsize Absolute is worth the money. Wayfair\u2019s spring cleaning storefront is filled with / 3 Days Ago If you\u2019re spring cleaning, you might want to check out Wayfair, where you\u2019ll find tons of discounted cleaning and organizing essentials > Next > Next story in > Next story in 2/17/25, 3:21 \"Anti-male sex bias\" ruined my career, claims fired Plattsburgh professor 4/13 Starbucks\u2019 new instant coffee froths like it\u2019s cafe-brewed / 3 Days Ago Starbucks new Crema Collection Premium Instant Coffee froths like a cafe beverage. View All BestReviews My Champlain Valley News Enter Your Email > Next > Next story in > Next story in 2/17/25, 3:21 \"Anti-male sex bias\" ruined my career, claims fired Plattsburgh professor 5/13 Fixing Germany\u2019s economy is a critical task for the \u2026 Germany\u2019s economy is in the dumps. Here are 5 reasons \u2026 Stock market today: Global benchmarks trade mixed \u2026 European leaders regroup in Paris for strategy huddle \u2026 500 days of the Israel-Hamas war, by the numbers Watchdog says Israel is advancing plans for nearly \u2026 Downloads of DeepSeek\u2019s apps paused in South Korea \u2026 Rwanda-backed M23 rebels occupy a 2nd major city \u2026 More Stories > Next > Next story in > Next story in 2/17/25, 3:21 \"Anti-male sex bias\" ruined my career, claims fired Plattsburgh professor 6/13 My life during the lockdown in Shanghai News 3 years ago One World Trade Center Lit in Honor of Barcelona \u2026 News 8 years ago > Next > Next story in > Next story in 2/17/25, 3:21 \"Anti-male sex bias\" ruined my career, claims fired Plattsburgh professor 7/13 View All World News Recall Alert: Volkswagen Recalls 766,000 Vehicles \u2026 News 8 years ago Prince William Talks Princess Diana, Mental Health \u2026 News 8 years ago > Next > Next story in > Next story in 2/17/25, 3:21 \"Anti-male sex bias\" ruined my career, claims fired Plattsburgh professor 8/13 ABC22 & FOX44 Video More Videos > Next > Next story in > Next story in 2/17/25, 3:21 \"Anti-male sex bias\" ruined my career, claims fired Plattsburgh professor 9/13 Messy and Windy Storm for Sunday SkyTracker Forecast 1 day ago \u2022 Sunday snowstorm keeps crews working overnight Vermont 9 hours ago My Champlain Valley News Enter Your Email 1 Sunday snowstorm keeps crews working overnight 2 Messy and Windy Storm for Sunday 10 Presidents Day small appliance deals you shouldn\u2019t \u2026 Holiday 4 days ago > Next > Next story in > Next story in 2/17/25, 3:21 \"Anti-male sex bias\" ruined my career, claims fired Plattsburgh professor 10/13 Best Buy Presidents Day Sale: Apple, Samsung, Dyson \u2026 Holiday 4 days ago Score Presidents Day deals right now on Amazon Holiday 7 days ago Best Valentine\u2019s Day gifts under $100 Holiday 1 week ago The best Presidents Day deals to shop now Holiday 3 days ago Walmart\u2019s \u2018Flash Deals\u2019 are filled with hidden gems \u2026 Holiday 2 weeks ago View All BestReviews Picks View All SkyTracker Forecast Messy and Windy Storm for Sunday SkyTracker Forecast 1 day ago \u2022 Active and Messy Weekend on Tap SkyTracker Forecast 2 days ago \u2022 Windy start to the work week SkyTracker Forecast 9 hours ago > Next > Next story in > Next story in 2/17/25, 3:21 \"Anti-male sex bias\" ruined my career, claims fired Plattsburgh professor 11/13 Local News Latest Video Burlington Weather Sports Story Idea About Us Mission Applications Advertise with Us Closed Captioning Information Report Nexstar Certification Disability Assistance for Public File Public File Public File Children\u2019s Television Programing Children\u2019s Television Programing Get News App Stay Connected > Next > Next story in > Next story in 2/17/25, 3:21 \"Anti-male sex bias\" ruined my career, claims fired Plattsburgh professor 12/13 Privacy Policy 11/18/2024 Terms Of Use Applications Public File Assistance Contact The Hill NewsNation BestReviews Content Licensing Nexstar Digital Journalistic Integrity Sitemap Do Not Sell or Share My Personal Information \u00a9 1998 - 2025 Nexstar Media Inc. | All Rights Reserved > Next > Next story in > Next story in 2/17/25, 3:21 \"Anti-male sex bias\" ruined my career, claims fired Plattsburgh professor 13/13", "7587_106.pdf": "16\u00b0 Burlington Closings and Delays \uf00d 11 Weather Alerts In Effect \uf00d \uf0c9 Local News Only Livestream Weather Plattsburgh is being sued by the school's former diversity officer, who claims he was the victim of racial and anti-male gender bias. Kelly O'Brien spent Wednesday digging into the court documents and breaks down the case for you. The 24-page lawsuit references several instances of alleged bias during Dr. J.W. Wiley's 18-year career with the college as director of the Center of Diversity, Pluralism and Inclusion. Wiley alleges that in 2004 he became the target of a sexual harassment investigation on campus. He claims the investigation was conducted in an environment tainted by anti-male sex bias, stemming from the school's Title office, which he says systematically found males guilty. Wiley also claims the school failed to investigate his complaints about racial and gender bias, and unlawfully retaliated against him. In March 2018, President John Ettling informed Wiley he was under investigation and was placed on alternative assignment. Wiley said he believed his white co-workers who had been accused of similar accusations were not treated the same way he was and he filed a complaint with the Equal Employment Opportunity Commission in April. Two months later, Wiley says he received a letter from Ettling terminating him and listing no reason why. Former Plattsburgh administrator alleges race, gender bias (WCAX) By Kelly O'Brien Published: Dec. 5, 2018 at 5:53 2/17/25, 3:21 Former Plattsburgh administrator alleges race, gender bias 1/4 Many students on campus told News Wednesday that they didn't know this was going on. Some who were aware of the situation didn't want to share their comments with us. We reached out to the college for a statement and they said they can't go into too much detail but they do stand by the actions they took to protect their students. Wiley's attorney had not yet returned our calls for comment when this story was published. Most Read \uf144 Father arrested for allegedly abusing baby Stolen plow truck found crashed in Eden \uf144 Village of Swanton asking voters to approve new Electric Dept facility Parking Bans issued for multiple cities and towns large, messy storm will impact our region, along with potentially damaging wind. \uf144 Van plowed through dining area of Burger King, police say Paramount Global has reached an agreement with YouTube 2/17/25, 3:21 Former Plattsburgh administrator alleges race, gender bias 2/4 Latest News \uf144 Winter storm slams region \uf144 Kids and canines take to the freshly fallen snow Sunday \uf144 Winter storm slams region Kids and canines take to the freshly fallen snow Sunday \uf144 \uf144 New commission plans to grow Shelburne tourism revenue \uf144 Southern Vermont bracing for high winds New committee hopes to boost Shelburne's economy 2/17/25, 3:21 Former Plattsburgh administrator alleges race, gender bias 3/4 \uf144 Winter storm weekend, Sunday spent clearing roads and driveways \uf144 Southern Vermont bracing for high winds \uf144 Public Inspection File [email protected] - (802) 652-6324 Terms of Service Privacy Policy Statement Applications Advertising Digital Marketing Closed Captioning/Audio Description Customize At Gray, our journalists report, write, edit and produce the news content that informs the communities we serve. Click here to learn more about our approach to artificial intelligence Gray Local Media Station \u00a9 2002-2025 News Weather Sports Community Calendar Contact Us Politics Feed Eat Local COVID-19 Map 30 Joy Drive South Burlington 05403 (802) 652-6300 2/17/25, 3:21 Former Plattsburgh administrator alleges race, gender bias 4/4"} |
7,405 | Jack Rappaport | La Salle University | [
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"7405_103.pdf",
"7405_104.pdf",
"7405_101.pdf",
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"7405_103.pdf",
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] | {"7405_102.pdf": "Strippers in Class? La Salle University Professor Jack Rappaport Suspended La Salle professor Jack Rappaport investigated for alleged lap dance incident. By News April 12, 2011, 3:53 April 12, 2011— La Salle University professor, Jack Rappaport, has been suspended for allegedly hiring strippers to give lap dances at an extra-credit seminar on business ethics. Rappaport was in the front of the classroom and three bikini-clad and miniskirted women were on top of him giving him a lap dance, according to Brad Bernardino, a sophomore at La Salle who attended the March 21 session. At various other times, Bernardino added, the strippers gave willing students lap dances, and a PowerPoint presentation related to business ethics ran in the background think everybody was in shock that it happened,\" Bernardino said. Officials at La Salle University, a Catholic university in Philadelphia, said they were \"very concerned\" about the allegations and have \"launched a full-scale investigation into what took place and who was responsible.\" \"Until the investigation has been completed,\" the university said in a written statement, \"it would be unfair to those involved to disclose any further information, let alone suspicions or allegations. While the university is proceeding as quickly as possible, we recognize the importance of guarding against a rush to judgment in this situation.\" The 57-year-old Rappaport's seminar reportedly cost each student $150 to attend and earned the students extra credit in Rappaport's business class. LeafFilter Partner | Sponsored Canadians Under 80 With No Life Insurance Should Claim This Benefit in March Many Canadians could qualify for this, but very few even know about it. Here is how you do it... Here\u2019s What a 6-Hours Gutter Upgrade Should Cost You Likely cause of death for Gene Hackman's dog revealed Sponsored / Health Domain Breakthrough \"Arthritis Gummy\" Takes America By Storm Health Domain | Sponsored Health News | Sponsored Breakthrough \"Arthritis Gummy\" Takes Canada By Storm How Older People Are Losing Weight (This Has Gone Viral) American who snatched a baby wombat from its mother leaves Australia Sponsored / Life Hacks 101 Put Bananas In Your Garden and Just Watch Video Live Shows Shop Stream on News Network Privacy Policy Your State Privacy Rights Children's Online Privacy Policy Interest-Based Ads About Nielsen Measurement Terms of Use Do Not Sell or Share My Personal Information Contact Us \u00a9 2025 News", "7405_103.pdf": "Get The News You Care Most About \u2014 Ad Free. Support HuffPost Today. See More Jack Rappaport, La Salle University Professor, Suspended For Bringing Strippers To Class Professor Suspended For Bringing Strippers To Class Apr 12, 2011, 11:50 Updated Jun 12, 2011 We're sure it can be confusing to illustrate to students how Platonic and Hegelian ethics can be applied to business. But La Salle University professor Jack Rappoport to the task to a new level by by hiring strippers to give him and his students lap dances in class. The Philadelphia City Paper has more: For a $150 admission fee, students earned credit in the College of Professional and Continuing Studies, as well as extra credit in the professor's School of Business classes. The symposium's subject, the students say, was the application of Platonic and Hegelian ethics to business. As part of the lesson, they say, three dancers, dressed in bikinis and/or miniskirts and high heels, had already arrived when the approximately 30 students (two of whom were female) entered the classroom. During the course of Support Us \u2018Shocking, Insulting\u2019: Karoline Leavitt\u2019s France Remark Stuns Critics Stephen Miller Throws On-Air Tantrum After Analyst Dares To Question Trump Trump Snaps At Reporter, Swerves Question With Tactic He\u2019s Using More And More Federal Judge Clashes With Lawyers As Possible \u2018Constitutional Crisis\u2019 Looms 'Be Back Defe the presentation, lap dances were administered to willing students -- and even Rappaport -- while he lectured. The strippers were \"doing their normal job,\" as one student put it. About 45 minutes in, the lecture was broken up by Paul Brazina, dean of the business school. The university then launched \"full scale investigation\" into the incident and Rappaport was suspended. Rappaport has a history of blending extracurricular interests with his academic subject matter. As the Philadelphia Inquirer reports: Go Ad-Free \u2014 And Protect The Free Press The next four years will change America forever. But HuffPost won't back down when it comes to providing free and impartial journalism. For the first time, we're offering an ad-free experience to qualifying contributors who support our fearless newsroom. We hope you'll join us Already contributed? Log in to hide these messages. On the website RateMyProfessors.com, students described him as everything from \"great instructor\" to an \"easy A,\" with one student remarking in a review from 2004: \"Extremely strange man. Loves gambling, horse racing, and strip joints. Talks about all of the above all the time. It remains unclear how, exactly, the strippers were supposed to illustrate Platonic and Hegelian ethics. If you have a guess, let us know in the comments section Suggest a correction | Submit a tip Dropkick Murphys Singer Socks Trump In Vicious St. Patrick\u2019s Day Beatdown Tracy Morgan Leaves Knicks Game After Vomiting On Court Patrick Schwarzenegger\u2019s \u2018White Lotus\u2019 Co-Stars Thought He'd \u2018Throw Up\u2019 After This Scene Gene Hackman's Wife Called Doctor 1 Day After Her Supposed Death Date Part of HuffPost News. \u00a92025 BuzzFeed, Inc. All rights reserved. The Huffington Post", "7405_104.pdf": "La Salle Censors Student Paper on Stripper Scandal: Editorial Journalists for the school newspaper fi\ufb01ght back in a unique way when forbidden from running scandal above the fold By Teresa Masterson \u2022 Published April 15, 2011 \u2022 Updated on April 15, 2011 at 1:32 pm When a La Salle University professor was suspended after allegedly hiring strippers to perform at an ethics seminar, the student newspaper was the last local medium to report it. But it wasn\u2019t for lack of knowledge. \u201cWe didn\u2019t publish a story because we weren\u2019t allowed,\u201d writes the Collegian staff in an editorial Friday. University administrators forbade student journalists from initially reporting the story, editors of the Collegian say. Only when media outlets from the Huffington Post to the Philadelphia City Paper reported the story were the journalists-in-training allowed to publish their own report \u2013 below the fold. Perhaps freedom of the press is not part of La Salle\u2019s curriculum. With a spark of ingenuity, editors of the Collegian took the advice of a professor and followed the administration\u2019s orders to a T: the top of this week\u2019s student newspaper front page was left blank expect for the words, \u201cSee below the fold.\u201d Sure enough, below the fold their report on Jack Rappaport\u2019s stripper symposium was. Rappaport, known for using \"real life applications\" in his classes, held a March 21 symposium in which participants paid $150 to attend. The assistant professor of management allegedly hired three strippers, who gave lap dances to Rappaport and to students who agreed to it. Watch 24/7 Philadelphia Eagles \ud83e\udd85 Local Impact Grants Real in Phillies spring traini\u2026 While the administration\u2019s tight control of the newspaper\u2019s actions are frustrating for the student staff, the editorial admits this: \u201cThis begs an explanation and a confession: the La Salle Collegian is not a real newspaper. It is a student newspaper, more specifically, a student newspaper at a private university. As you may infer, the differences are astronomical.\u201d Health Domain | Sponsored Breakthrough \"Arthritis Gummy\" Takes Canada By Storm 50+ People Protection | Sponsored Canadians Under 80 With No Life Insurance Should Claim This Benefit in March Many Canadians could qualify for this, but very few even know about it. Here is how you do it... Read Now Weather Forecast 35\u00b0 Sunny 0% Precip 38 72 NBC10 NBC10 Public Inspection File Accessibility Employment Information Privacy Policy Cookie Notice Applications Terms of Service Advertise with us Send Feedback Notice Ad Choices Philadelphia Tequila, a big wave and a missing student: What spring breaker told police witness in the disappearance of Sudiksha Konanki in the Dominican Republic said they drank tequila, waded into the ocean and were swept out to sea. Health Domain | Sponsored Breakthrough \"Arthritis Gummy\" Takes America By Storm Copyright \u00a9 2025 NBCUniversal Media, LLC. All rights reserved", "7405_101.pdf": "archive.today webpage capture Saved from no other snapshots from this url search 18 Mar 2025 12:14:43 All snapshots from host share download .zip report bug or abuse Buy me a coffee Webpage Screenshot Quick Takes Advertisement Prof Suspended After Report of Lap Dances in Class By Doug Lederman Advertisement April 11, 2011 La Salle University has suspended Jack Rappaport, a statistics professor at its business school, amid an investigation of allegations that he hired strippers to perform lap dances during an extra credit seminar he held on \"the application of Platonic and Hegelian ethics to business,\" The Philadelphia Inquirer reported. Students paid $150 to attend the seminar, and the university is refunding the money. Register Log In Become a Member Find Job Solutions Subscribe for free to Inside Higher Ed\u2019s newsletters, featuring the latest news, opinion and great new careers in higher education \u2014 delivered to your inbox. View Newsletters Advertisement \u2018Generic prompts give students autonomy and flexibility to expand their ideas\u2019 Opening doors to computer science education \u2018Creativity is a practice, not an astonishing stroke of good luck\u2019 How can Jenga build course co- Government Politics & Elections Education Department Lays Off Nearly Half of Staff McMahon said the reductions are a \u201csignificant step toward restoring the greatness of the United States education sys Doug Lederman Quick Takes Judge Temporarily Blocks Columbia Graduate\u2019s Deportation Rappaport could not be reached for comment. The incident was first reported by Philadelphia City Paper, which quoted students as saying that three dancers, wearing bikinis and high heels, performed lap dances on Rappaport and on some students. Two students who spoke anonymously to the Inquirer, however, said that while scantily clad dancers attended the class, they did not perform lap dances. Share This Article Sign up for Newsletters Resources for faculty and staff. Next Story Written By More from Quick Takes creation? Preparing school leaders to solve problems and make a difference Want articles like this sent straight to your inbox? Subscribe to a Newsletter Copyright \u00a9 2025 Inside Higher Ed All rights reserved. | Website designed by nclud Quick Takes Judge Rate Cut Likely \u2018Contrary to Law\u2019 Quick Takes Hill Dems Press Trump Over Plans to Dismantle Education Department Company Contact Us About Us Work with Us History Meet the Team Advertise Find a Job Post a Job Legal Rights & Permissions Privacy Newsletter Subscribe to a Newsletter Job Title Email Address"} |
7,615 | Khaled Habib | Tulsa Community College – Metro | [] | {} |
8,795 | Daniel Deocampo | Georgia State University | [
"8795_101.pdf",
"8795_102.pdf",
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] | {"8795_101.pdf": "University professor pleads guilty to possession of child pornography Friday, November 5, 2021 For Immediate Release U.S. Attorney's Office, Northern District of Georgia - Daniel Deocampo, a former professor and dean at Georgia State University (\u201cGSU\u201d), has pleaded guilty to possession of child pornography. Images and videos of children as young as five years old, engaged in sexually explicit conduct, were among the items confiscated. \u201cDeocampo was caught brazenly using the university network to exploit children,\u201d said Acting U.S. Attorney Kurt R. Erskine. \u201cIt is disturbing when we learn that an educator engages in this type of disgusting behavior. Possessing child pornography victimizes and abuses the children in the images each time they are disseminated.\u201d \u201cChildren portrayed in child pornography images are victimized each time those images are distributed or viewed, and this case is especially distressing because the suspect was a professor who worked with our youth,\u201d said Chris Hacker, Special Agent in Charge of Atlanta. \u201cThe remains committed to protecting our children and is thankful for the law enforcement partnerships that make it possible to stop people like Deocampo from victimizing any more children.\u201d According to Acting U.S. Attorney Erskine, the charges and other information presented in court: In November 2020, Georgia State University's Cyber Security Department Cyber Security\u201d) alerted the that an employee was accessing websites which appeared to contain child pornography through the university\u2019s network. 2/17/25, 3:22 Northern District of Georgia | University professor pleads guilty to possession of child pornography | United States Department of Ju\u2026 1/4 Working together, the and Cyber Security identified Deocampo as the individual who had accessed multiple websites containing child pornography (or had links to other websites containing child pornography) from campus in November and December 2020 Cyber Security also advised the that Deocampo routinely accessed the university\u2019s network from home. Based on that information determined that Deocampo was also accessing websites containing child pornography from his home on several days in late December 2020 and early January 2021. Based on the foregoing, on January 6, 2021, the executed search warrants at Deocampo's residence, as well as his office and lab space. As a result of the search, agents recovered an Apple laptop belonging to Deocampo that contained more than 4,000 files of child pornography, including approximately 190 videos. Daniel Deocampo, 48, of Avondale Estates, Georgia, pleaded guilty to possession of child pornography on November 3, 2021. Deocampo\u2019s sentencing is scheduled for February 23, 2022 at 11:00 a.m. before U.S. District Judge Steven D. Grimberg. This case is being investigated by the Federal Bureau of Investigation and Georgia State University Police Department. Assistant U.S. Attorney Alex R. Sistla is prosecuting the case. This case is being brought as part of Project Safe Childhood. In February 2006, the Attorney General launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney\u2019s Offices around the country, Project Safe Childhood marshals federal, state and local resources to apprehend and prosecute individuals who exploit children. For more information about Project Safe Childhood, please visit For further information please contact the U.S. Attorney\u2019s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney\u2019s Office for the Northern District of Georgia is Updated November 5, 2021 Topic 2/17/25, 3:22 Northern District of Georgia | University professor pleads guilty to possession of child pornography | United States Department of Ju\u2026 2/4 Component - Georgia, Northern Pediatric Dentist Sentenced to Prison for Possession of Child Pornography Paul Kim, a pediatric dentist, has been sentenced to federal prison for possessing thousands of images and videos of minors, including some 12 years old and younger, engaging in sexually-explicit... December 6, 2024 Sex Offender Sentenced to Federal Prison for Enticing Teenager to Produce Child Pornography Jeffrey Farneski, a repeat sex offender who was released from state prison earlier this year, has been sentenced to federal prison for enticing a child to produce child pornography. October 22, 2024 Related Content 2/17/25, 3:22 Northern District of Georgia | University professor pleads guilty to possession of child pornography | United States Department of Ju\u2026 3/4 Cartersville Man Sentenced to 20 Years in Prison for Producing Child Pornography Ian Alicea Prewett has been sentenced to federal prison for enticing children to perform sexual acts for the purpose of producing child pornography. September 30, 2024 Northern District of Georgia Main Office: Richard B. Russell Federal Building 75 Ted Turner Dr Suite 600 Atlanta 30303-3309 Tel: (404) 581-6000 Fax: (404) 581-6181 2/17/25, 3:22 Northern District of Georgia | University professor pleads guilty to possession of child pornography | United States Department of Ju\u2026 4/4", "8795_102.pdf": "(//images.decaturish.com:443/click/1097441/c737376/z83617 (HTTPS://DECATURISH.COM/CATEGORY/TRENDING/) Avondale Estates man sentenced to 32 months in prison for possession of child sexual abuse images Dan Whisenhunt ( \u2022 Feb 27, 2022 \uf002 ( 2/17/25, 3:22 Avondale Estates man sentenced to 32 months in prison for possession of child sexual abuse images \u2013 Decaturish 1/8 (//images.decaturish.com:443/click/1097441/c737376/z83617?) ( u=https%3A%2F%2Fdecaturish.com%2F2022%2F02 estates-man-sentenced-to-32-months-in-prison-for- of-child-sexual-abuse-images%2F) ( via=decaturish&text=Avondale%20Estates%20man% estates-man-sentenced-to-32-months-in-prison-for- ( url=https%3A%2F%2Fdecaturish.com%2F2022%2F0 estates-man-sentenced-to-32-months-in-prison-for- child-sexual-abuse-images%2F) ( sexual-abuse- images%2F&title=Avondale%20Estates%20man%20 Share transcript of the sentencing hearing for Daniel Deocampo. Image obtained via Pacer ( \uf0b2 \uf002 ( 2/17/25, 3:22 Avondale Estates man sentenced to 32 months in prison for possession of child sexual abuse images \u2013 Decaturish 2/8 (//images.decaturish.com:443/click/1097441/c737376/z83617?) Avondale Estates \u2014 An Avondale Estates Man has been sentenced to 32 months in prison after pleading guilty to possessing more than 4,000 child sexual abuse images. He will have 10 years of supervised release when his prison sentence is over. According to the U.S. Attorney\u2019s Office, former Georgia State University professor and dean Daniel Deocampo on possessed images of children as young as five being sexually abused. He pleaded guilty to the charges on Nov. 3 ( possession-of-child-abuse-images/) and was sentenced on Feb. 23. ( groupCode=ALV&linkID=fta&shopperContext=&caller=&appCode=) ( GSU\u2019s Cyber Security Department first notified the that an employee was visiting websites that appeared to contain child abuse images. He was using the university\u2019s network to visit the sites. \u201cOn January 6, 2021, the executed search warrants at Deocampo\u2019s residence, as well as his office and lab space. As a result of the search, agents recovered an Apple laptop belonging to Deocampo that contained more than 4,000 files of child pornography, including approximately 190 videos,\u201d the U.S. Attorney\u2019s Office said. According to the sentencing memorandum filed in his case, Deocampo potentially faced a lengthier incarceration of 78 to 97 months. However, his attorney successfully argued that Deocampo presented a low risk of offending again, was remorseful for his actions and took responsibility for them. \uf002 ( 2/17/25, 3:22 Avondale Estates man sentenced to 32 months in prison for possession of child sexual abuse images \u2013 Decaturish 3/8 (//images.decaturish.com:443/click/1097441/c737376/z83617?) His attorney noted that Deocampo is an \u201cinternationally renowned\u201d geologist and geochemist with a lengthy record of community service. He\u2019s advocated on behalf of the homeless and advocated for awareness for various causes. He also contributed to the fight against the COVID-19 pandemic, his attorney said. He produced testing swabs with a 3 printer that were just as effective as ones being produced by the medical community. ( utm_source=Decaturish&utm_medium=Banner+Ad&utm_campaign=Ultimate_Dinosaurs&utm_id=Ultimate_Din ( But Deocampo was also engaging in \u201ccompulsive pornography use that he has made many attempts to put a stop to,\u201d the sentencing memorandum says. The viewing of pornography began in college with \u201cmainstream\u201d adult sites that \u201clater progressed to the use of subscription services where he began to encounter underage pornography.\u201d \u201cWhen he went online, he tried desperately not to seek out child pornography, but he often found that he could not stop himself and would then find himself viewing videos and photos of underage children,\u201d the sentencing memorandum says. \u201cHe found a lot of these images to be disturbing and repulsive and he can\u2019t quite understand why he didn\u2019t immediately get rid of them.\u201d His attorney said Deocampo would go through cycles where he\u2019d cancel subscriptions only to start them again a few months later. \u201cDan would often go to church and pray about his addiction, although he admits that he never sought professional help or confided in his clergy,\u201d the sentencing memorandum says. His attorney argued that Deocampo never shared, traded or distributed the thousands of images he downloaded. \uf002 ( 2/17/25, 3:22 Avondale Estates man sentenced to 32 months in prison for possession of child sexual abuse images \u2013 Decaturish 4/8 (//images.decaturish.com:443/click/1097441/c737376/z83617?) \u201cFrom the outset of this case, Dan has always been honest and forthcoming about his conduct,\u201d the sentencing memorandum says. \u201cShortly after the execution of the search warrants, he communicated with the Government, through counsel, his intention of accepting responsibility for the offense and entering a guilty plea. He has expressed deep and genuine remorse for his conduct.\u201d Under the terms of his supervised release, Deocampo must register as a sex offender. \u201cDeocampo was caught brazenly using the university network to exploit children,\u201d said Acting U.S. Attorney Kurt R. Erskine in a press release. \u201cIt is disturbing when we learn that an educator engages in this type of disgusting behavior. Possessing child pornography victimizes and abuses the children in the images each time they are disseminated.\u201d If you appreciate our work on this story, please become a paying supporter ( For as little as $3 a month, you can help us keep you in the loop about your community. To become a supporter, click here ( Want Decaturish delivered to your inbox every day? Sign up for our free newsletter by clicking here ( ( Dan Whisenhunt ( Dan grew up in Alabama and moved to Atlanta in 2011. He began his career at the Anniston Star in Anniston, Ala. After that, he worked at the Times Free Press in Chattanooga, Tenn. as the county government reporter. His first job in Atlanta was with Reporter Newspapers in Sandy Springs, Ga., (now called Rough Draft Atlanta) where he worked as assistant editor and digital content managerHe started Decaturish in May 2013 as a personal project. He envisions Decaturish becoming a news website that covers all of DeKalb County. He can be reached at [email protected]. \uf002 ( 2/17/25, 3:22 Avondale Estates man sentenced to 32 months in prison for possession of child sexual abuse images \u2013 Decaturish 5/8 (//images.decaturish.com:443/click/1097441/c737376/z83617?) ( ( subscribe) \uf002 ( 2/17/25, 3:22 Avondale Estates man sentenced to 32 months in prison for possession of child sexual abuse images \u2013 Decaturish 6/8 (//images.decaturish.com:443/click/1097441/c737376/z83617?) To learn more about us, click here ( For our privacy policy, click here ( To advertise with Decaturish, click here ( or email [email protected] Send news tips to and If you like what we do, consider becoming a paid supporter. Your support keeps our content free for everyone. To support us, click here ( everyone/). About Us \[email protected] (mailto:[email protected]) \[email protected] (mailto:[email protected]) Quick Links Home ( \uf054 Avondale ( estates/) \uf054 Decatur ( \uf054 DeKalb County ( decaturish-database/government/dekalb- county/) \uf054 Kirkwood and East Lake ( and-east-lake/) \uf054 Metro ( \uf054 Appen Media ( \uf054 Atlanta News First ( gallery/community/decatur-dish/) \uf054 Decatur Events ( events) \uf054 About ( \uf054 Advertise ( decaturish/) \uf054 Support Us ( subscribers-keep-the-news-free-for-everyone/) \uf054 Decatur 30030 Contact Us \[email protected] (mailto:[email protected]) \uf002 ( 2/17/25, 3:22 Avondale Estates man sentenced to 32 months in prison for possession of child sexual abuse images \u2013 Decaturish 7/8 (//images.decaturish.com:443/click/1097441/c737376/z83617?) \u00a9 2024 Decaturish - Locally sourced news. All rights reserved. Follow us \u2026 YouTube: @Decaturishmedia ( Facebook: ( Instagram: ( Find us on Bluesky, Flipboard, LinkedIn and other social media as @decaturish \[email protected] (mailto:[email protected]) \uf002 ( 2/17/25, 3:22 Avondale Estates man sentenced to 32 months in prison for possession of child sexual abuse images \u2013 Decaturish 8/8", "8795_103.pdf": "Daniel Deocampo Alma mater Tufts University Rutgers University Scientific career Fields Geochemistry Institutions Georgia State University Doctoral advisor Gail Ashley Daniel Deocampo Daniel Michael Deocampo is an American geologist, geochemist, and academic administrator. He was an associate dean and professor of geosciences at Georgia State University. Deocampo pleaded guilty to possession of child pornography on November 3, 2021. Deocampo was born to Helen Deocampo and cardiologist Paulino D. Deocampo of Holmdel Township, New Jersey.[1] He completed a B.S. in geological sciences in 1994 at Tufts University. He earned a M.S. (1997) and Ph.D. (2001) in geological sciences at Rutgers University.[2] His dissertation was titled Geochemistry and Sedimentology of Modern East African Wetlands and a Pleistocene Paleo-Wetland at Olduvai Gorge, Tanzania. His doctoral advisor was Gail Ashley.[3] He completed a postdoctoral fellowship at the National Museum of Natural History in 2001.[2] In 2002, he was a postdoctoral research hydrologist in the water resources division of the United States Geological Survey in Reston, Virginia.[2][1] He completed a postdoctoral fellowship at the Natural History Museum, London in 2003.[2] Deocampo joined the faculty at Georgia State University (GSU) in 2008 as an assistant professor. He became full professor of geosciences in 2016. Deocampo served as the College of Arts and Sciences Associate Dean for Research, Innovation, and Graduate Studies from 2019 to 2021.[2] In 2014, Deocampo was elected fellow of the Geological Society of America.[4][5] The Federal Bureau of Investigation (FBI) and Cyber Security identified Deocampo as the individual who had accessed multiple websites containing child pornography (or had links to other websites containing child pornography) from campus in November and December 2020 Cyber Security also advised the that Deocampo routinely accessed the university\u2019s network from home. Based on that information determined that Deocampo was also accessing websites containing child pornography from his home on several days in late December 2020 and early January 2021. On Early life and education Career Personal life 2/17/25, 3:22 Daniel Deocampo - Wikipedia 1/2 January 6, 2021, the executed search warrants at Deocampo's residence, as well as his office and lab space. As a result of the search, agents recovered an Apple laptop belonging to Deocampo that contained more than 4,000 files of child pornography, including approximately 190 videos. On November 3, 2021, he pleaded guilty to possession of child pornography. On February 23, 2022,[6][7] Deocampo was sentenced to 32 months in prison, 10 years of supervised probation, and a $10,100 special assessment.[8] 1. \"WEDDINGS; Joanne Agayoff, Daniel Deocampo\" ( ddings-joanne-agayoff-daniel-deocampo.html). The New York Times. 2002-05-05 0362- 4331 ( Retrieved 2022-09-19. 2. \"Geosciences at Georgia State\" ( s.gsu.edu/profile/daniel-m-deocampo Geosciences. Archived from the original ( sciences.gsu.edu/profile/daniel-m-deocampo/) on 2021-08-03. Retrieved 2021-11-07. 3. Deocampo, Daniel Michael (May 2001). Geochemistry and Sedimentology of Modern East African Wetlands and a Pleistocene Paleo-Wetland at Olduvai Gorge, Tanzania ( m/docview/304727008/) (Ph.D. thesis). Rutgers University 9780493411262. 4. \"Fellowship - Current Fellows\" ( A/Awards/Fellows.aspx). Retrieved 2021-11-07. 5. \"Georgia State Scholars\" ( L-DEOCAMPO?unitId=480&unitType=2). gsu.discovery.academicanalytics.com. Archived (https:// web.archive.org/web/20211107234740/ 6975/DANIEL-DEOCAMPO?unitId=480&unitType=2) from the original on 2021-11-07. Retrieved 2021-11-07. 6. \"University professor pleads guilty to possession of child pornography\" ( ao-ndga/pr/university-professor-pleads-guilty-possession-child-pornography). 2021-11-05. Retrieved 2021-11-07. This article incorporates text from this source, which is in the public domain. 7. \"Former professor pleads guilty to possessing child porn\" ( eorgia-child-pornography-b4dd8d39d2ce89bd49be7bc3225510fd). Associated Press. 2021-11-06. Archived ( orgia-child-pornography-b4dd8d39d2ce89bd49be7bc3225510fd) from the original on 2021-11-06. Retrieved 2021-11-07. 8. \"Avondale Estates man sentenced to 32 months in prison for possession of child sexual abuse images\" ( -for-possession-of-child-sexual-abuse-images/). 27 February 2022. Daniel Deocampo ( publications indexed by Google Scholar Daniel Deocampo's publications ( indexed by the Scopus bibliographic database. (subscription required) Retrieved from \" References External links 2/17/25, 3:22 Daniel Deocampo - Wikipedia 2/2"} |
7,633 | Christopher De Los Santos | University of California – Davis | [
"7633_101.pdf",
"7633_102.pdf",
"7633_103.pdf",
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] | {"7633_101.pdf": "Lawsuit Blames Davis for Suicide of Official Accused of Sexual Harassment By Associated Press \u2022 Published October 26, 2017 \u2022 Updated on October 26, 2017 at 2:27 pm lawsuit filed on behalf of the widow and children of a University of California, Davis official who killed himself after being accused of sexual harassment blames the university for driving him to suicide. The suit claims Col. Christopher De Los Santos was notified by email of the accusations and told he was suspended and to stay away from campus. The Sacramento Bee reports that the suit says other university employees accused of sexual harassment were not placed on leave nor barred from campus pending investigation. De Los Santos was chief of an arm of the Department of Entomology and Nematology. The lawsuit says that two associate deans wanted De Los Santos notified of the suspension while he was away from campus because they were concerned he would \"show up with a gun Davis says it did nothing wrong in handling the sexual harassment claims that were filed against him. This article tagged under Watch News 24/7 All-Star Game Santana Row stabbing Deaf students investigation Re\u2026 2/17/25, 3:22 Lawsuit Blames Davis for Suicide of Official Accused of Sexual Harassment Bay Area 1/2 Weather Forecast 52\u00b0 Cloudy 0% Precip 44 60 Public Inspection File Accessibility Employment Information Send Feedback Applications Terms of Service Privacy Policy Cookie Notice Advertise with us Notice Ad Choices Copyright \u00a9 2025 NBCUniversal Media, LLC. All rights reserved 2/17/25, 3:22 Lawsuit Blames Davis for Suicide of Official Accused of Sexual Harassment Bay Area 2/2", "7633_102.pdf": ". Veteran's suicide at center of lawsuit against Davis October 31, 2017 / 10:21 News DAVIS, Calif lawsuit filed against University of California, Davis claims the school discriminated against a decorated Air Force veteran, which drove himself to commit suicide Sacramento reports the incident happened back in October 2015, but new details are just being released. After leaving the military, Col. Christopher de Los Santos took a job at Davis. But three months later, trouble spiraled out of control quickly during a weekend retreat with co-workers. One witness claims it was more like a booze cruise, saying Santos was misbehaving. The university launched an investigation into the alleged inappropriate behavior, and a day later, campus officials sent Santos an email placing him on leave. Santos took his own life a few hours after receiving that email. U.S. World Politics HealthWatch MoneyWatch Entertainment Crime Sports Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/17/25, 3:22 Veteran's suicide at center of lawsuit against Davis News 1/4 According to the lawsuit, university administrators violated federal and state discrimination laws by treating him differently because he was a veteran. \"They were concerned that he would show up with a gun and that he would have to be escorted off campus by security, and he said they made it clear that that was because he had a military background,\" said Santos' family attorney, Annabelle Roberts. \"For them to have a knee-jerk reaction because in administrator in the Air Force might somehow be violent because he's been in the military mean that's blatant discrimination.\" \"This man had served his country for 23 years on active duty, and he had a chest full of metals,\" said added believe in his mind, and so does our expert, that he was immediately imagining what would happen to him in the Air Force.\" The university is not commenting on the lawsuit. However, campus officials released a statement that reads in part: \"After the university received allegations of potential sexual harassment during an overnight staff retreat, he was promptly placed on paid administrative leave so a thorough investigation could occur. Although many of the employees who attended the retreat were not involved in any improper conduct, those who were Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/17/25, 3:22 Veteran's suicide at center of lawsuit against Davis News 2/4 Copyright \u00a92025 Interactive Inc. All rights reserved. Privacy Policy Cookie Details Terms of Use About Advertise Closed Captioning News Store Site Map Contact Us Help \u00a9 2017 Interactive Inc. All Rights Reserved. received appropriate disciplinary action. Other actions were taken to ensure that similar misconduct did not occur in the future.\" Roberts says she believes the suicide would have never happened had the university protected Santos' rights as a veteran and an employee. In: Suicide More from News Horse trainer discovers pre-dug grave of missing California teen The War and Treaty reflect on their love story, journey in the music industry California farm donates more than 250,000 eggs to fire victims, first responders Jay-Z, Sean \"Diddy\" Combs sexual assault lawsuit dropped by accuser Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/17/25, 3:22 Veteran's suicide at center of lawsuit against Davis News 3/4 Watch News 2/17/25, 3:22 Veteran's suicide at center of lawsuit against Davis News 4/4", "7633_103.pdf": "DAVIS, Calif. (AP) \u2014 The widow and children of a former University of California, Davis official who killed himself after he was accused of sexual harassment are suing the university for allegedly driving him to suicide. The suit claims Col. Christopher De Los Santos was notified by email of the accusations and told he was suspended and to stay away from campus. It says other university employees accused of sexual harassment were not placed on leave nor barred from campus pending investigation, the Sacramento Bee reported Thursday. De Los Santos, who killed himself on October 11, 2015, was chief of an arm of the Department of Entomology and Nematology. Days earlier he had led a group of 16 staffers on a two-day trip to a lettuce-growing operation in nearby Salinas that was meant to be a bonding trip. Instead, it turned into an alcohol-fueled bender that led to sexual harassment accusations against him, according to statements made by other employees in documents obtained by the newspaper. The documents said De Los Santos was accused of stripping naked and asking underlings to join him in a bathtub inside a hotel room. The day the group returned to Davis, two employees filed a complaint against him over his alleged behavior, according to a Davis report. The documents also show two employees were demoted and the university conducted an internal investigation. Two associate deans asked that De Los Santos be notified of the suspension while he was away from campus because they were concerned he would \u201cshow up with a gun,\u201d according to the lawsuit, which said Davis discriminated against De Los Santos because he was a veteran, a violation of federal law. Lawsuit blames Davis for colonel\u2019s suicide Updated 4:35 CST, October 26, 2017 \u2018SNL50' Polar vortex All-Star Game Congo Shakira 2/17/25, 3:22 Lawsuit blames Davis for colonel's suicide News 1/3 The recently hired Air Force colonel and his wife and two young children were on their way to church when De Los Santos received the email, the suit said. He asked his wife to turn around and drop him off at home \u2014 the last time his family saw him alive. His body was found in his car. Annabelle Robertson, an attorney for the family, said the colonel had never worked outside the military and likely did not understand his rights or know that the complaint he faced would be handled confidentially. \u201cThere\u2019s no question in my mind, in the minds of our veterans\u2019 suicide expert, that Col. De Los Santos assumed that these allegations would be the subject of dramatic coverage, that he would potentially be arrested and tried in a court of law, and potentially recalled by the military to be tried under the Uniform Code of Military Justice, and that is precisely the reason that lawmakers have protected veterans from discrimination in employment,\u201d she said Davis said in a statement it did nothing wrong in handling the sexual harassment claims filed against De Los Santos, who it called a \u201cvalued and promising new member of the university community.\u201d It said the university was taking appropriate \u201cinterim steps\u201d for all employees while an investigation was conducted. \u201cThe university\u2019s actions were entirely appropriate under the circumstances, and this lawsuit is an unfortunate development in an already tragic situation Davis said. ___ Information from: The Sacramento Bee, 2/17/25, 3:22 Lawsuit blames Davis for colonel's suicide News 2/3 Trump moves with dizzying speed on his to-do list. But there are warning signs in his first month Trump administration cuts reach employees in food safety, medical devices and tobacco products Trump administration wants the Supreme Court to let the firing of whistleblower agency head proceed Justice Department\u2019s independence is threatened as Trump\u2019s team asserts power over cases and staff At least 9 people are dead, including 8 in Kentucky, in latest blast of winter weather 1 2 3 4 5 2/17/25, 3:22 Lawsuit blames Davis for colonel's suicide News 3/3", "7633_104.pdf": "Family of accused claims Davis\u2019 investigation of sexual harassment led to 2015 suicide University staff excursion investigated for sexual misconduct, misuse of University funds On Oct. 11, 2015, Christopher De Los Santos, a chief administrative officer at Davis\u2019 College of Agricultural and Environmental Sciences, committed suicide after sexual harassment allegations by the University, according to an article recently published by The Sacramento Bee. After co-workers accused De Los Santos of sexual harassment on a university-paid weekend trip, the University suspended Santos with pay. Since then, De Los Santos\u2019 family has filed a federal lawsuit against Davis and former chancellor Linda Katehi, accusing the University of handling the sexual harassment allegations differently due to De Los Santos\u2019 military background. The lawsuit posits veteran discrimination, a federal violation. Lisa De Los Santos, De Los Santos\u2019 wife says he was told he was suspended and to stay away from campus because of fear of him \u201cshowing up with a gun.\u201d This was his first non-military job since leaving his position at the Air Force, according to The Bee. The federal lawsuit against the University and then-chancellor Katehi states that De Los Santos likely did not understand that these allegations would not be made public. De Los Santos\u2019 family lawyer said he could have been worried about publicity and legal proceedings, also citing veteran suicide risk factors. The 17 members of the \u201cPhoenix Cluster\u201d \u2014 a nickname for a group De Los Santos was involved in under the Department of Entomology and Nematology \u2014 were all interviewed as witnesses by the University\u2019s fact-finding 2/17/25, 3:23 Family of accused claims Davis\u2019 investigation of sexual harassment led to 2015 suicide - The Aggie 1/3 investigation after employees filed complaints. De Los Santos is not explicitly named in the report, but his title is used. Every witness name on the released report is redacted as well. \u201cThe report was filed October 9, 2015 [\u2026] charging that their manager [De Los Santos] engaged in improper conduct while in their hotel room, occuring late in the night on October 7,\u201d the investigation states. \u201cThe allegations include his making unwanted physical contact with one of the complainants; entering the bathroom and removing all of his clothing in the presence of two of the parties; stepping into the bathtub while naked; and re-entering the hotel room in his boxer shorts.\u201d The second allegation under the Oct. 7-8 staff retreat \u201cReport of Fact-Finding Investigation\u201d found misuse of university funds. The report mentioned extravagant personal costs, stating that the \u201cuniversity research funds were expended for a two-day retreat held in an expensive locale involving high lodging and meal costs, while University business was not conducted on one of the days.\u201d Additionally, the report states that the retreat cost a total of $6,639.81, which, according to The Bee, \u201ccame out of grant funding rather than state or federal funds.\u201d One witness that spoke to the investigation committee likened the staff retreat to a \u201dbooze cruise\u201d that was under the guise of University business \u2014 the trip was intended as a staff retreat to tour lettuce farms in Salinas. Administrators Sandra Vice and Suzzette Garcia admitted to \u201cdrinking vodka and cranberry juice\u201d during the car ride to the retreat; Garcia still has an office at Davis, according to The Bee. According to a witness in the report, De Los Santos said that some employees must share beds with coworkers to save cost. At one point, Vice told another staff member to buy De Los Santos a large beer using the University credit card. In a hotel room shared by Toni Goodin, the driver of Garcia and Vice, additional staffers, including De Los Santos, drank after returning from a dinner where drinking occurred. At a certain point in the night, two female occupants of the room went to the bathroom \u201cto wash up, hoping that they\u2019d leave when they saw them getting ready for bed.\u201d Rather than follow that cue, the report says, De Los Santos followed them to the bathroom and suggested a bath with the women. They reported that he undressed and entered the bathtub alone, while they walked out. One witness said, \u201cBy now I\u2019m thinking, what the f is going on?\u201d Witnesses corroborate that De Los Santos was deliberately \u201curged to leave\u201d and made all parties uncomfortable with his intoxication. When interviewed, one of the woman with De Los Santos talked about her shock the next morning after waking up: \u201cHow are we going to spend the day with this guy?\u201d the woman stated. Three of 16 interviewees said they saw De Los Santos\u2019 disrobing. On a Sunday following the Oct. 7 to 8 weekend, Santos received an email from Davis placing him on leave following sexual harassment allegations that had surfaced. De Los Santos called his wife, told her about the allegations and said they were untrue. He then drove to a field in Rio Linda and fatally shot himself. Kimberly Hale, the Davis interim director for news and media relations under Strategic Communications, explained the process of the university handling sexual allegations, both on and off-site. \u201cDuring Col. De Los Santos\u2019 three months with the University, he was the Chief Administrative Officer and responsible for management of all staff activities for his unit,\u201d Hale said via email. \u201cAfter the university received allegations of potential sexual harassment during an overnight staff retreat, he was promptly placed on paid administrative leave so a thorough investigation could occur. Although many of the employees who attended the retreat were not involved in any improper conduct, those who were received appropriate disciplinary action. Other actions were taken to ensure that similar misconduct did not occur in the future.\u201d \ue809 2/17/25, 3:23 Family of accused claims Davis\u2019 investigation of sexual harassment led to 2015 suicide - The Aggie 2/3 Hale talked about how the University views the lawsuit as \u201cunfortunate,\u201d mentioning the University\u2019s steadfast sexual misconduct policy and expressed \u201csympathy\u201d towards De Los Santos\u2019 family. \u201cThe University is committed to maintaining a workplace that is free from sexually-harassing conduct,\u201d Hale said. \u201cThis commitment extends to off site, work-related events. The University is equally committed to upholding its obligation to monitor the proper use of available resources. With sympathy to the De Los Santos family, the University maintains that the filing of this lawsuit is an unfortunate development in an already tragic situation.\u201d Written by: Aaron Liss \u2014 [email protected] \ue809 2/17/25, 3:23 Family of accused claims Davis\u2019 investigation of sexual harassment led to 2015 suicide - The Aggie 3/3", "7633_105.pdf": "Widow Of Davis Official Sues School Over Husband's Suicide October 26, 2017 / 2:38 San Francisco lawsuit filed on behalf of the widow and children of a University of California, Davis official who killed himself after being accused of sexual harassment blames the university for driving him to suicide. The suit claims Col. Christopher De Los Santos was notified by email of the accusations and told he was suspended and to stay away from campus News Weather Sports Video 50\u00b0 Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/17/25, 3:23 Widow Of Davis Official Sues School Over Husband's Suicide San Francisco 1/3 \u00a9 2017 Broadcasting Inc. All Rights Reserved. The Sacramento Bee reports that the suit says other university employees accused of sexual harassment were not placed on leave nor barred from campus pending investigation. De Los Santos was chief of an arm of the Department of Entomology and Nematology. The lawsuit says that two associate deans wanted De Los Santos notified of the suspension while he was away from campus because they were concerned he would \"show up with a gun Davis says it did nothing wrong in handling the sexual harassment claims that were filed against him. \u00a9 Copyright 2017 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed. In: Sexual Harassment Lawsuit Suicide More from News San Francisco fire crews suspend search for person in water near Pier 32, 1 rescued 2-alarm Oakland fire damages warehouse San Jose teacher, coach arrested for alleged sexual relationship with student San Francisco's Chinese New Year Parade was Saturday. Here's what to know. Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/17/25, 3:23 Widow Of Davis Official Sues School Over Husband's Suicide San Francisco 2/3 \u00a92025 Broadcasting Inc. All Rights Reserved. Terms of Use Privacy Policy Cookie Details Contact News Sports Weather Program Guide Sitemap About Us Advertise Television Jobs Public File for / CBS5 Public File for / KPIX+ Public Inspection File Help Applications Report Watch News 2/17/25, 3:23 Widow Of Davis Official Sues School Over Husband's Suicide San Francisco 3/3"} |
8,844 | Tobin Roye | California State University - Chico | [
"8844_101.pdf",
"8844_102.pdf",
"8844_103.pdf",
"8844_104.pdf",
"8844_105.pdf"
] | {"8844_101.pdf": "The Orion \u2022 April 12, 2022 \u2022 violated-csu-sexual-misconduct-policy/ Chico State investigation: music lecturer violated sexual misconduct policy Ava Norgrove, Mario Ortiz Jr and Melvin Bui Chico State investigators concluded on April 11 that music lecturer Tobin Roye violated a California State University executive order regarding sexual misconduct, according to a \u201cnotice of investigation outcome\u201d letter written by Dylan Saake, assistant vice president for Equal Opportunity and Dispute Resolution. The Orion has confirmed this nonpublic information from a source with knowledge of the investigation Executive Order 1097 states Employee shall not enter into a consensual relationship with a Student or Employee over whom that employee exercises or influences direct or otherwise significant academic, administrative, supervisory, evaluative, counseling, or extracurricular authority.\u201d The university began its investigation into Roye after receiving reports that a Chico State music student became sexually involved with Roye starting in the summer of 2021. Roye has the right to appeal the university\u2019s decision to the Chancellor\u2019s Office. If he does not appeal, and if the finding of a \u201cpolicy violation\u201d remains, \u201cthe matter will be referred to the Office of Academic Personnel to address as a personnel matter,\u201d according to Saake\u2019s letter. Andrew Staples, Chico State public relations manager, confirmed on April 5 that Roye has been on administrative leave during Spring 2022, but the university would not comment on \u201cthe specifics of personnel matters.\u201d The Orion reached out to Roye for comment but did not receive a response before press time. Roye is a faculty member in the Department of Music and Theatre. He has taught studio guitar, music theory and guitar ensemble. Roye is a Chico State alumnus who started teaching at the university after earning a master\u2019s in music from the San Francisco Conservatory of Music. He was hired as a lecturer in 2005. Melvin Bui The investigation comes at a particularly sensitive time following the recent resignation of former Chancellor Joseph Castro for his alleged mishandling of sexual assault allegations while president of Fresno State. Following Castro\u2019s resignation, the Board of Trustees announced that they would be launching an initiative to assess Title and \u201cbring to the forefront of Title innovation, accountability and response.\u201dAva Norgrove, Mario Ortiz and Melvin Bui can be reached at [email protected].", "8844_102.pdf": "Chico State investigation: music lecturer violated sexual misconduct policy 13, 2022 Share Ava Norgrove, Mario Ortiz Jr, and Melvin Bui wrote this article for Chico State\u2019s The Orion. It is available for republication or reference. If you think their work is important, you can support it here. Graphic By Melvin Bui Chico State investigators concluded on April 11 that music lecturer Tobin Roye violated a California State University executive order regarding sexual misconduct 2/17/25, 3:23 Chico State investigation: music lecturer violated sexual misconduct policy 1/3 according to a \u201cnotice of investigation outcome\u201d letter written by Dylan Saake, assistant vice president for Equal Opportunity and Dispute Resolution. The Orion has confirmed this nonpublic information from a source with knowledge of the investigation Executive Order 1097 states Employee shall not enter into a consensual relationship with a Student or Employee over whom that employee exercises or influences direct or otherwise significant academic, administrative, supervisory, evaluative, counseling, or extracurricular authority.\u201d The university began its investigation into Roye after receiving reports that a Chico State music student became sexually involved with Roye starting in the summer of 2021. Roye has the right to appeal the university\u2019s decision to the Chancellor\u2019s Office. If he does not appeal, and if the finding of a \u201cpolicy violation\u201d remains, \u201cthe matter will be referred to the Office of Academic Personnel to address as a personnel matter,\u201d according to Saake\u2019s letter. Andrew Staples, Chico State public relations manager, confirmed on April 5 that Roye has been on administrative leave during Spring 2022, but the university would not comment on \u201cthe specifics of personnel matters.\u201d The Orion reached out to Roye for comment but did not receive a response before press time. Roye is a faculty member in the Department of Music and Theatre. He has taught studio guitar, music theory and guitar ensemble. Roye is a Chico State alumnus who started teaching at the university after earning a master\u2019s in music from the San Francisco Conservatory of Music. He was hired as a lecturer in 2005. The investigation comes at a particularly sensitive time following the recent resignation of former Chancellor Joseph Castro for his alleged mishandling of sexual assault allegations while president of Fresno State. Following Castro\u2019s resignation, the Board of Trustees announced that they would be launching an initiative to assess Title and \u201cbring to the forefront of Title innovation, accountability and response.\u201d Ava Norgrove, Mario Ortiz and Melvin Bui can be reached at [email protected]. Discover more from The Cal State Journalism Newswire We're a collection of student journalists who share copy on this page is free for other papers to republish. We work each other's gaps in coverage, since we know we can't cover entire system alone. Type your email... By subscribing agree to Substack's Terms of Use, and acknowledge its Information Collection Notice and Privacy Policy. Continue reading Sign in Subscribe 2/17/25, 3:23 Chico State investigation: music lecturer violated sexual misconduct policy 2/3 Discussion about this post Write a comment... \u00a9 2025 Cal State Student Wire \u2219 Privacy \u2219 Terms \u2219 Collection notice Substack is the home for great culture Comments Restacks 2/17/25, 3:23 Chico State investigation: music lecturer violated sexual misconduct policy 3/3", "8844_103.pdf": "Chico State Music Lecturer Tobin Roye, who was reportedly placed on administrative leave for having a sexual relationship with a student in the summer of 2021. (Chico State University) CHICO, Calif. \u2014 New allegations coming out of Chico State this week: a music teacher was caught having inappropriate sexual relations with a student, according to reporting by the Chico State newspaper the Orion. Chico State music teacher placed on leave following sexual misconduct investigation by Ryan Matthey Wed, April 13th 2022 at 3:49 Updated Thu, April 14th 2022 at 4:18 2/17/25, 3:23 Chico State music teacher placed on leave following sexual misconduct investigation 1/3 representative with the university confirmed to that Music Lecturer Tobin Roye was placed on administrative leave prior to the spring 2022 semester but would not answer any other questions had, including what warranted the leave when specifically he was placed on leave, and if an internal investigation has been pursued. The university additionally declined to provide any potential investigation documents. But, Chico State's student-run newspaper, The Orion, reports that an investigation into the allegations concluded this past Monday and found Roye to have broken Executive Order 1097, which prohibits any employee from \u201ca consensual sexual or romantic relationship between an Employee and any Student or Employee over whom they exercise direct or otherwise significant academic, administrative, supervisory, evaluative, counseling, or extracurricular authority.\u201d The newspaper further reports that the alleged actions happened in Summer 2021 with a Chico State music student, though it\u2019s unclear if the music lecturer was this student\u2019s teacher. Roye declined to comment on the investigation findings or The Orion report to on Wednesday morning. The news comes after multiple other sexual misconduct and harassment allegations in recent months that are making students uneasy. \"Well honestly, my mood had definitely dropped wouldn't think that things like this would be happening on our campus,\u201d says Chico State Junior Emily Rosa while walking off campus Wednesday morning. \"I've definitely heard stories around campus but wouldn't think these things would be associated with people with such high authority, such high power. So that\u2019s definitely shocking to think that people that have those positions on campus would, unfortunately, be, you know, doing those things.\" \"I'm a little like worried that I\u2019m not hearing about those kinds of things,\u201d says Chico State Junior Jami Iven while walking through campus Wednesday morning feel like we need to be informed on these kinds of things and it's just kind of upsetting that we're not.\" The former Chancellor, Dr. Joseph I. Castro, resigned from his position this past February for alleged mishandling of sexual assault allegations during his time as President of Fresno State University. This was followed the next month by two former Chico State University police officers, Joe Deal and Raymond Stott, being placed on leave and subsequently fired for sexual 2/17/25, 3:23 Chico State music teacher placed on leave following sexual misconduct investigation 2/3 Loading ... harassment and misconduct allegations for actions during their previous policing positions in the Oroville Police Department. -- To report errors or issues with this article please email the editorial team 2/17/25, 3:23 Chico State music teacher placed on leave following sexual misconduct investigation 3/3", "8844_104.pdf": "\uf053Back to Ava Norgrove\u2019s profile Ava Norgrove \uf058 Verified \uf1adHost, Morning Edition (Chico, CA) \uf3c5Chico \uf0aeU.S. Regional As seen in (Chico, CA), The Mercury News, The Press Democrat, East Bay Times, Chico Enterprise-Record, Oroville Mercury-Register, Red Bluff Daily News, Ukiah Daily Journal, The Orion Morning Edition Host. Just another tired journalist sitting too close to their screen. They/Them/She/He \ud83c\udff3\ufe0f\u200d\ud83c\udf08 Is this you? As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work. Claim your profile Heat wave headed to north state, here\u2019s what residents need to know 3 years ago | By Ava Norgrove \uf058| Chico Enterprise-Record \u2013 Triple digit temperatures are about to hit the north state by Sunday just right as schools welcome returning students to campus. Scott Rowe, a meteorologist for the National Weather Service, reported that temperatures in Butte County will reach triple digits by Sunday and steadily increase to upwards of 106 by midweek. Despite the heat moving towards the county, Rowe is hopeful that the risk of fire danger is low. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared \uf002View Duplicates (5) \uf05a Associated Students unveil plan to dispose of disposable cups, plates at Chico State 3 years ago | By Ava Norgrove \uf058| Chico Enterprise-Record \u2013 Chico State Associated Students has announced via Twitter that it will no longer be offering disposable cups on Chico State campus everywhere except dining halls beginning Aug. 22. Associated Students said Chico State will be embracing its sustainability values and its commitment to reducing waste on campus. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared \uf002View Duplicates (3) \uf05a Too many animals, not enough space; Tehama County needs more veterinarians 3 years ago | By Ava Norgrove \uf058| Red Bluff Daily News Issue with article Issue with article? Articles by Ava Norgrove \uf0c9 \uf00d 2/17/25, 3:24 Articles by Ava Norgrove\u2019s Profile (Chico, CA) Journalist | Muck Rack 1/11 \u2014 Tehama County, like much of Northern California, is facing an overpopulation of cats and dogs waiting for adoption and not enough veterinarians in the area to serve the pets already in the possession of owners. \u201cWe tend to run close to capacity or at capacity,\u201d said Red Bluff Animal Care Center Manager Christine McClintock. \u201cFor cats, we are almost always at capacity because we do a limited admission. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared Stonewall Alliance Center needs volunteers 3 years ago | By Ava Norgrove \uf058| Chico Enterprise-Record \u2014 The Stonewall Alliance Center of Chico will be hosting a queer variety show Aug. 26 and an adult dance Aug. 27 but the organization is struggling to find volunteers to help bring these events to life. Stonewall Alliance Center of Chico events coordinator Justina Sotelo said that the center is looking for any volunteers willing to put in a few hours of work prior to both events. The center still has more than 42 spots open and is hoping that the community will show up for the center to help. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared \uf002View Duplicates (4) \uf05a Perseid meteor shower expected to light up skies 3 years ago | By Ava Norgrove \uf058| The Press Democrat \u2014 For stargazers and aspiring astronomers alike, the upcoming Perseid meteor shower will be the must- see event of the year. Illuminating the sky with approximately 100 shooting stars per hour, the meteor shower is one of the most beloved meteor showers in the Northern Hemisphere, said Chico State Associate Professor of Physics Nicholas Nelson. The light of the meteors will be visible to the naked eye, but will be easiest to see in dark skies away from light pollution. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared Perseid meteor shower expected to light up Northern California skies 3 years ago | By Ava Norgrove \uf058| The Mercury News \u2014 For stargazers and aspiring astronomers alike, the upcoming Perseid meteor shower will be the must- see event of the year. Illuminating the sky with approximately 100 shooting stars per hour, the meteor shower is one of the most beloved meteor showers in the Northern Hemisphere, said Chico State Associate Professor of Physics Nicholas Nelson. The light of the meteors will be visible to the naked eye, but will be easiest to see in dark skies away from light pollution. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared \uf002View Duplicates (5) \uf05a Chico State University Farm\u2019s U-Pick Peaches entice community once again 3 years ago | By Ava Norgrove \uf058| Chico Enterprise-Record \u2013 The sweet smell of peaches and warm dirt permeated the air as Butte County residents gathered at the Chico State University Farm for its annual U-Pick Peaches event. The sound of laughter and the gentle pats of ripe fruit falling onto the dirt paths through the orchard was a welcome music Tuesday morning. The beloved event was full of activity as families filled boxes, bags and buckets with peaches. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared \uf002View Duplicates (6) \uf05a Perseid meteor shower expected to light up skies Issue with article Issue with article? Issue with article? Issue with article Issue with article 2/17/25, 3:24 Articles by Ava Norgrove\u2019s Profile (Chico, CA) Journalist | Muck Rack 2/11 3 years ago | By Ava Norgrove \uf058| Chico Enterprise-Record \u2014 For stargazers and aspiring astronomers alike, the upcoming Perseid meteor shower will be the must- see event of the year. Illuminating the sky with approximately 100 shooting stars per hour, the meteor shower is one of the most beloved meteor showers in the Northern Hemisphere, said Chico State Associate Professor of Physics Nicholas Nelson. The light of the meteors will be visible to the naked eye, but will be easiest to see in dark skies away from light pollution. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared \uf002View Duplicates (3) \uf05a Local election filing deadline next week in Tehama County 3 years ago | By Ava Norgrove \uf058| Red Bluff Daily News \u2014 The deadline for candidates hoping to file for the Red Bluff and Corning city councils and local school boards is fast approaching. Here\u2019s what hopeful candidates need to know ahead of time. The deadline for candidates to file a declaration of candidacy for the Nov. 8 general election is Friday, Aug. 12. Red Bluff has three City Council seats open, two Red Bluff Joint Union High School District seats and three Red Bluff Elementary School District seats available. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared Brew Battle to return to Red Bluff 3 years ago | By Ava Norgrove \uf058| Red Bluff Daily News \u2014 The Active 20-30 Club of Red Bluff will host its sixth annual Brew Battle Beer Festival 4:30-8 p.m. Saturday, Aug. 13 at Red Bluff River Park. The festival will offer live music, food trucks, lawn games and live painting as well as more than 100 different craft beer tasting options from more than 50 breweries. The event is limited to those 21 and older. Tickets for the event can be bought online or at the event and range from $20 to $50. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared Red Bluff council votes to increase Community Center fees 3 years ago | By Ava Norgrove \uf058| Red Bluff Daily News \u2013 The Red Bluff City Council voted Tuesday to increase Community Center use fees in line with Consumer Price Index increases over the last 10 years. The price increase, totaling 26 percent, was found by the Federal Bureau of Labor and Statistics to be the increase in the from 2012 to 2022, with 2012 being the last time Community Center fees were changed. \u201cIt\u2019s sad that we have to play catch-up, but we have to play catch- up,\u201d said Councilman Gonzales. \u201cIt has to be done. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared Tehama County Board of Supervisors votes against resignation of Supervisor Bob Williams 3 years ago | By Ava Norgrove \uf058| Red Bluff Daily News \u2014 The Tehama County Board of Supervisors voted Tuesday against the recommendation of the resignation of District 4 Supervisor Bob Williams after vulgar comments were made by Williams during the board\u2019s July 19 meeting, including the coded phrase Next Tuesday.\u201d Brought to the floor by Chairwoman Candy Carlson, Tuesday\u2019s agenda item sought to recommend the resignation of Williams and the immediate removal of him from all committees, commissions, councils and any other... \uf09a \uf08c \ue61b \uf0c1Open in Who Shared Issue with article? Issue with article? Issue with article? Issue with article? Issue with article? 2/17/25, 3:24 Articles by Ava Norgrove\u2019s Profile (Chico, CA) Journalist | Muck Rack 3/11 Chico Marketplace begins back to school supplies drive 3 years ago | By Ava Norgrove \uf058| Chico Enterprise-Record \u2014 As the students of Chico begin to return to school this fall, not all of them will have access to the supplies they need to succeed, the Chico Marketplace Back to School Back to Giving campaign hopes to change this. The school supplies drive will take place from July 15 to Aug. 13 and will be collecting new donated supplies at 12 participating businesses in Chico. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared \uf002View Duplicates (4) \uf05a \u2018Chico has lost a leader who shared a passion for our beautiful city\u2019; Jim Walker has died 3 years ago | By Ava Norgrove \uf058| Chico Enterprise-Record \u2013 James Walker, who once served as Chico\u2019s vice mayor, died June 18. \u201cIn many of our lives, a lot of the relationships we have are transactional,\u201d said Ann Schwab, who was mayor when Walker was vice mayor. \u201cJim made each relationship personal.\u201dSchwab said that Walker went out of his way to be not just a good vice mayor, but a friend to her too. He was perfectly balanced, she said; he was kind but serious. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared \uf002View Duplicates (3) \uf05a The stigma surrounding monkeypox \u2014 who is really at risk? 3 years ago | By Ava Norgrove \uf058| Chico Enterprise-Record \u2013 As cases of monkeypox begin to climb in California, stigma about the virus has spread alongside the illness. Since the World Health Organization\u2019s declaration of the monkeypox global health emergency, members of the community, namely gay and bisexual men, have been named in news sources such as News and as the most effected group by virus. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared \uf002View Duplicates (4) \uf05a 32 years of independence for the disabled community celebrated 3 years ago | By Ava Norgrove \uf058| Chico Enterprise-Record \u2013 The U.S. celebrated its 32nd National Disability Independence Day on Tuesday, honoring the anniversary of the Americans with Disabilities Act being signed into law. In Chico, The Disability Action Center serves the disabled community and offers support, housing assistance and provider referrals. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared \uf002View Duplicates (4) \uf05a How to protect your pets during in the hot summer months 3 years ago | By Ava Norgrove \uf058| Chico Enterprise-Record \u2014 With temperatures expected to linger in the triple digits until August, Chico residents and their furry friends are feeling the heat. Unlike people, the pets of Butte County can\u2019t tell us when they get overheated and it\u2019s up to pet owners to make sure they stay safe this summer. The Humane Society of The United States recommends several ways to look out for heat stroke in dogs. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared \uf002View Duplicates (3) \uf05a Stonewall Alliance reopens doors in Chico 3 years ago | By Ava Norgrove \uf058| Chico Enterprise-Record Issue with article Issue with article Issue with article Issue with article Issue with article 2/17/25, 3:24 Articles by Ava Norgrove\u2019s Profile (Chico, CA) Journalist | Muck Rack 4/11 \u2014 The U.S. House of Representatives passed a bill Tuesday that would protect same-sex and interracial marriage in the wake of the Supreme Court\u2019s decision to overturn its Roe v. Wade decision and its concurring opinion that led some to worry about the future of same-sex marriage. The bill passed 267-157 votes but it is unclear yet if the bill will pass the Senate\u2019s vote where at least 10 Republicans will need to vote with Democrats to clear the filibuster\u2019s 60-vote threshold. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared \uf002View Duplicates (3) \uf05a Chico Project sends mobile hospital to El Salvador 3 years ago | By Ava Norgrove \uf058| Chico Enterprise-Record \u2013 In the hot early morning sun, volunteers loaded a converted school bus that would become a mobile dentist\u2019s and doctor\u2019s office Tuesday with heavy medical equipment and supplies. Chico Project Salvage All Valuable Equipment will send the bus along with its three passengers Joe Hughes, Leo Weiss and Geo Malara to El Salvador to provide a mobile hospital for communities without sterile operating spaces. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared \uf002View Duplicates (4) \uf05a Butte County is stressed out, data says 3 years ago | By Ava Norgrove \uf058| Chico Enterprise-Record \u2014 Feeling stressed out lately? You\u2019re not alone. MyBioSource.com recently released a graph looking at the data provided from the County Health Rankings website reports and saw an increase in what it calls \u201cstressflation,\u201d in California counties over the last five years. Lassen County ranked the highest for increased stress at 8% and Butte County ranked 21 out of the 58 counties in California with a 4% increase in stress. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared \uf002View Duplicates (4) \uf05a The brightest supermoon of 2022 guides hikers through upper Bidwell Park 3 years ago | By Ava Norgrove \uf058| Chico Enterprise-Record \u2013 In the light of the brightest supermoon of 2022, a group of 20 hikers were led Wednesday through upper Bidwell Park on a guided tour hosted by the Chico Creek Nature Center. Francesca Shaffer, recreation coordinator at the Chico Creek Nature Center, said that the center has begun hosting full moon hikes once again since the spring. Before the spread of COVID-19, Shaffer said that the full moon hikes were incredibly popular. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared \uf002View Duplicates (4) \uf05a As food prices soar, Market Match helps Cal Fresh recipients afford produce 3 years ago | By Ava Norgrove \uf058| Chico Enterprise-Record \u2013 Inflation rates have soared over the course of the past year and the cost of groceries is no exception. The U.S. Bureau of Labor and Statistics recently updated its consumer price index and reports that consumer inflation rose by 9.1% in the last year. Overall food prices have jumped by 10.1% in the past year, the highest it has climbed since 1981. Fresh produce is among the most affected by this increase in price. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared \uf002View Duplicates (4) \uf05a Chico State students most debt free among California universities, report says Issue with article Issue with article Issue with article Issue with article Issue with article? 2/17/25, 3:24 Articles by Ava Norgrove\u2019s Profile (Chico, CA) Journalist | Muck Rack 5/11 3 years ago | By Ava Norgrove \uf058| The Mercury News recent report conducted by the Institute for College Access and Success found that Chico State students accrue the lowest amount of federal debt upon graduation among all public four-year colleges and universities in California. According to the report, college students pursuing bachelor\u2019s degrees at public and nonprofit colleges as of 2020 amass an average of $18,350 to $39,950 in student loan debt by their graduation. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared \uf002View Duplicates (11) \uf05a New COVID-19 variant begins to spread in Butte County 3 years ago | By Ava Norgrove \uf058| Chico Enterprise-Record \u2013 COVID-19 numbers in Butte County continue to persist with 240 current cases, 30 patients currently hospitalized and four in an intensive care unit, according to the CA.gov and Butte County Public Health websites. Of the new cases since June, 21.7% of them are confirmed BA.5 COVID-19 variants, which is a significant change from no confirmed BA.5 COVID-19 cases in May. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared \uf002View Duplicates (5) \uf05a New California law requires all packaging to be recyclable or compostable by 2032 3 years ago | By Ava Norgrove \uf058| Chico Enterprise-Record \u2013 California Gov. Gavin Newsom signed new legislation June 30 that requires all packaging within the state to be recyclable or compostable by 2032. The law aims to shift the burden of plastic pollution from consumers to the plastic industry by requiring plastic producers to pay $500 million each year to the state. The legislation states that these payments are scheduled to begin in 2027 and that the fund will be dedicated to mitigating the environmental impacts of plastic. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared \uf002View Duplicates (3) \uf05a Three-day notice served to campers at Comanche Creek 3 years ago | By Kimberly Morales, Ava Norgrove \uf058| Chico Enterprise-Record \u2014 Where once stood a barricade outside of the Comanche Creek Greenway parking lot, preventing any cars from returning to the lot that had been cleared, a small gap was opened Monday morning. Monday was the date that residents of Comanche Creek would have to move or be served a three-day notice. That afternoon, notice distribution began. Meanwhile, some who had received recommendations from the Outreach and Engagement team waited to move into the Pallet shelter. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared \uf002View Duplicates (4) \uf05a Outreach continues at Comanche Creek as campers hit last day of notice 3 years ago | By Kimberly Morales, Ava Norgrove \uf058| Chico Enterprise-Record \u2013 As the people living in the Comanche Creek greenway reach the seventh day of their notice to move or be cited and/or arrested, not everyone at the camp is prepared to move into one of the two shelters referable by the Outreach and Engagement team. In the middle of Comanche Creek, Robert Devlin, one of the victims of the 2021 Teichert Ponds shooting, was holding a notice of appropriate shelter space that was given to him Thursday. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared \uf002View Duplicates (5) \uf05a Issue with article Issue with article Issue with article Issue with article Issue with article? 2/17/25, 3:24 Articles by Ava Norgrove\u2019s Profile (Chico, CA) Journalist | Muck Rack 6/11 Next area for illegal camp enforcement remains undecided 3 years ago | By Kimberly Morales, Ava Norgrove \uf058| Chico Enterprise-Record \u2013 As the enforcement of the largest illegal homeless camp in Chico continued Thursday, people living in RVs and trailers continued to seek space as they moved from one parking spot to another. The next site chosen to see enforcement has not been decided on and will not be until cleanup is completed at the Comanche Creek Greenway, said Interim City Manager Paul Hahn. \u201cThe next area of enforcement will not be chosen until Comanche Creek is completed,\u201d said Hahn. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared \uf002View Duplicates (4) \uf05a Gas price spike end may be in sight 3 years ago | By Ava Norgrove \uf058| Chico Enterprise-Record \u2014 Gas prices in show signs of decline to the relief of Butte County residents. GasBuddy price analyst Patrick De Haan predicted that over the next few weeks consumers will see a decrease in gas prices. GasBuddy is a platform that aggregates crowdsourced data from volunteer gas price monitors and station owners to help consumers find the cheapest gas prices locally. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared \uf002View Duplicates (5) \uf05a Las Plumas graduates moving on to next chapters 3 years ago | By Ava Norgrove \uf058| Chico Enterprise-Record \uf058 Two hundred and seventy Las Plumas High School graduates received their diplomas Thursday night after a challenging four years. \u201cThere\u2019s a lot of mixed emotions tonight,\u201d graduate Anton Johnson said. \u201cI\u2019m glad to be graduating but at the same time feel like didn\u2019t have enough high school.\u201dThis sentiment was echoed by many of the graduates that night as they waited anxiously to walk across the field to receive their diplomas. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared \uf002View Duplicates (2) \uf05a California responds to leaked preliminary Supreme Court opinion to overturn Roe v. Wade 3 years ago | By Ava Norgrove \uf058| The Orion \uf058 Politico announced on May 2 that it obtained a U.S. Supreme Court decision draft that would overturn the 1973 ruling of Roe v. Wade, and the 1992 ruling of Planned Parenthood v. Casey. \u201cOur daughters, sisters, mothers, and grandmothers will not be silenced. The world is about to hear their fury,\u201d California Gov. Gavin Newsom tweeted. \u201cCalifornia will not sit back. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared Photos of the Week 3 years ago | By Ava Norgrove \uf058| The Orion \uf058 Seniors were invited to spin the wheel for prizes at one of many booths at the \u201cSenior Send-off.\u201d The event was hosted on Chico State campus to celebrate the graduating class of 2022 with fun games, free food and live music. Photo taken by Ava Norgrove on April 19. T-Shirts displayed on Glenn Hall lawn for GSEC\u2019s clothesline project. Photo by Noah Herbst, April 21 begins their annual Take Back the Night March on campus. Photo by Noah Herbst, April 21. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared Issue with article Issue with article Issue with article? Issue with article? Issue with article? 2/17/25, 3:24 Articles by Ava Norgrove\u2019s Profile (Chico, CA) Journalist | Muck Rack 7/11 Chico State celebrates class of 2022 with time capsule ceremony 3 years ago | By Ava Norgrove \uf058| The Orion \uf058 Ava NorgroveChico State Mason, Zachariah Martin, lays the numbers that will be cemented above the 2022 time capsule in front of Kendall Hall as students gather to help bury it. Photo taken by Ava Norgrove on April 19The Wildcat class of 2022 buried its time capsule in front of Kendall Hall on Tuesday. Students had the chance to submit items for the capsule that represented their experience at Chico State such as textbooks, COVID-19 related items or personal letters. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared Chico State investigation: music lecturer violated sexual misconduct policy 3 years ago | By Ava Norgrove \uf058| The Orion \uf058 Ava Norgrove, Mario Ortiz Jr, and Melvin Bui|April 12, 2022Chico State investigators concluded on April 11 that music lecturer Tobin Roye violated a California State University executive order regarding sexual misconduct, according to a \u201cnotice of investigation outcome\u201d letter written by Dylan Saake, assistant vice president for Equal Opportunity and Dispute Resolution. The Orion has confirmed this nonpublic information from a source with knowledge of the investigation. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared \uf002View Duplicates (3) \uf05a 2 Chico State police officers fired amid sexual misconduct accusations and investigation 3 years ago | By Ava Norgrove \uf058| The Orion \uf058 Chico State released a statement on Wednesday announcing that officers Raymond Scott and Sgt. Joe Deal have been fired after being named in a federal civil rights lawsuit against the Oroville Police Department. The two men were put on administrative leave on March 25 following the the public release of the federal lawsuit that accused them of sexual and police misconduct. Former police officer Robert Raiter filed the lawsuit in federal court on March 22 against the City of Oroville. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared \uf002View Duplicates (2) \uf05a 2 Chico State police officers at center of Oroville Police sexual misconduct lawsuit 3 years ago | By Ava Norgrove \uf058| The Orion \uf058 Ava Norgrove and Melvin Bui|March 24, 2022Chico State University Police Sgt. Joseph Deal and officer Raymond Stott have been accused of inappropriate sexual and police misconduct during their tenure at the Oroville Police Department, according to a federal civil rights lawsuit filed Tuesday by a former Oroville police officer. The Orion has reached out to Chico State for comment and will update this article when a response is received. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared Chico State lifts its mask mandate on campus 3 years ago | By Ava Norgrove \uf058| The Orion \uf058 Masked students leave class in Modoc Hall on Chico State campus. Photo taken by Ava Norgrove on Jan. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared Issue with article? Issue with article? Issue with article? Issue with article? Issue with article? 2/17/25, 3:24 Articles by Ava Norgrove\u2019s Profile (Chico, CA) Journalist | Muck Rack 8/11 \u2018Mother of all Saints\u2019: How Cassi Tejeda taught the world to laugh 3 years ago | By Ava Norgrove \uf058| The Orion \uf058 Ava Norgrove and Melvin Bui|March 7, 2022Cassi Tejeda and Courtney Kendall take an adventure to the Golden Gate Bridge in San Fransisco. Photo taken by Cassi TejedaCassi Tejeda, 22, and her partner Courtney Kendall, 24, lost their lives in Chico on Jan. 30 when an allegedly drunk driver crashed into their stopped vehicle near Neal Dow Elementary. Cassi was a Chico State student from Visalia set to graduate in May. Courtney attended Louisiana State University and lived in Slidell, Louisiana. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared Photos of the Week 3 years ago | By Javier Hern\u00e1ndez, Ava Norgrove \uf058| The Orion \uf058 Wildcat Kevin Warren dunking. Photo Taken by Javier Hernandez on Feb. 26. The Wildcat Racing club on campus. Photo Taken by Ava Norgrove on March 2. Wildcats Ethan Morell and Ricky Delgado-Martinez pre- game cheesing. Photo Taken by Javier Hernandez on Feb. 26. Wildcat student talking to an advisor during \u201cGrad Fest\u201d. Photo Taken by Ava Norgrove on March 2. Wildcat Joshua Curls prior to his senior night. Photo Taken by Javier Hernandez on Feb. 26. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared Wildcats swarm booster clinic before deadline 3 years ago | By Ava Norgrove \uf058| The Orion \uf058 Students crowd the final on-campus booster clinic before deadline. Photo taken Feb. 25 by Ava Norgrove Students filled Bell Memorial Union on Friday to receive their booster shot just in time to meet California State University requirements. Mary Wallmark, director of Student Life and Leadership and the organizer of the event, said the crowd broke records. \u201cWe have yet to reach 1,000 people a day,\u201d Wallmark said. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared Lawsuit: Chico fails to fully disclose police killing records 3 years ago | By Ava Norgrove \uf058| The Orion \uf058 The Chico City Council building. Photo taken by Ava Norgrove on Sep. 18 Former Orion adviser David Waddell sued the City of Chico on Feb. 18 for allegedly not disclosing public information in four different state open records requests, all involving the use of lethal force by Chico Police. Mayor Andrew Coolidge told The Orion that he could not comment on the pending litigation. Aaron Field, Waddell\u2019s attorney, said the lawsuit seeks to enforce Waddell\u2019s right of access to California public records. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared Chancellor Castro resigns 3 years ago | By Ava Norgrove \uf058| The Orion \uf058 Kimberly MoralesCalifornia State University Chancellor Joseph Castro in Colusa Hall on Nov. 2. California State University\u2019s first Hispanic chancellor, Dr. Joseph Castro, resigned effective immediately on Feb. 17 after less than two years in office Chancellor Joseph Castro has resigned. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared Issue with article? Issue with article? Issue with article? Issue with article? Issue with article? 2/17/25, 3:24 Articles by Ava Norgrove\u2019s Profile (Chico, CA) Journalist | Muck Rack 9/11 Investigation launched into Chancellor\u2019s alleged mishandling of sexual assault accusations 3 years ago | By Ava Norgrove \uf058| The Orion \uf058 Kimberly MoralesCSU Chancellor Joseph Castro speaking at Chico State on Nov 2, 2021 by Kimberly MoralesCalifornia State University Chancellor Joseph Castro sent out an email on Feb. 4 to the community regarding a Today investigation into his alleged mishandling of long-standing sexual assault accusations made against a Fresno State University administrator during Castro\u2019s tenure as president of the university. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared Chico prioritizes temporary housing with new \u2018tiny home\u2019 Pallet Shelter 3 years ago | By Ava Norgrove \uf058| The Orion \uf058 Ava NorgroveThe newly built Pallet Shelters at Chico\u2019s upcoming unhoused shelter site at 2352 Dr. Martin Luther King Jr. Parkway. Photo taken by Ava Norgrove Feb. 3On Feb. 3, new details were released about Chico\u2019s upcoming Pallet Shelter at a press conference on the construction site at 2352 Dr. Martin Luther King Jr. Parkway. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared Photos of the Week 3 years ago | By Ava Norgrove \uf058| The Orion \uf058 Associated Students tabling outside of Plumas Hall on Jan. 25. Photo taken by Ava Norgrove. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared Chico State booster clinic opens on campus amid omicron rise 3 years ago | By Ava Norgrove \uf058| The Orion \uf058 Chico State will be hosting walk-in booster clinics on campus in the Bell Memorial Union on Dec. 8-9 from 10 a.m. to 5 p.m. Photo taken by Ava Norgrove on Dec. 6On Tuesday Nov. 30, Chico State announced the opening of walk-in booster clinics on campus in the Bell Memorial Union on Dec. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared \uf002View Duplicates (2) \uf05a New Chico ice rink stokes smiles, but also controversy amid Paradise rink reopening 3 years ago | By Ava Norgrove \uf058| The Orion \uf058 Ava Norgrove and Alex Martin|December 2, 2021|106 ViewsVisitors ice skating at the grand opening of the Chico Ice Rink in the Plaza. Photo taken by Ava Norgrove on Nov. 19The Chico Ice Rink In The Plaza opened its doors to hundreds of skaters on Nov. 19, but the use of city resources to fund a second rink in Butte County has created controversy. BREAKING: The Chico City Council voted 6-1 to add an ice rink to the Chico City Plaza later this year. \uf09a \uf08c \ue61b \uf0c1Open in Who Shared \uf002View Duplicates (2) \uf05a Show More Issue with article? Issue with article? Issue with article? Issue with article? Issue with article? 2/17/25, 3:24 Articles by Ava Norgrove\u2019s Profile (Chico, CA) Journalist | Muck Rack 10/11 For Teams Software Media Database Media Monitoring Social Listening Pitching Reporting Solutions Pricing For Journalists Journalist Solutions Job Board Beats Podcasts Trends Resources Case Studies Webinars Guides and eBooks Research Muck Rack Daily Rankings Blog Company About Press Careers Contact Us \uf059 Feedback/Support \uf08c LinkedIn \uf16d Instagram \uf09a Facebook Foundations How to find journalists How to create a Media List How to write and tailor Pitches Guide to media monitoring Guide to Software Cookie settings \u2022 Privacy \u2022 Terms \u2022 Security and Legal Copyright 2025 Muck Rack 2/17/25, 3:24 Articles by Ava Norgrove\u2019s Profile (Chico, CA) Journalist | Muck Rack 11/11", "8844_105.pdf": "\uf16d Home News Sports Opinion Entertainment Features Espa\u00f1ol More Enter Sear \uf002 Chico State investigation: music lecturer violated sexual misconduct policy Ava Norgrove, Mario Ortiz Jr and Melvin Bui // April 12, 2022 Chico State investigators concluded on April 11 that music lecturer Tobin Roye violated a California State University executive order regarding sexual misconduct, according to a \u201cnotice of investigation... Title changes give more rights to people accused of rights to people accused of \u2018sexual misconduct\u2019 Kendall George // April 9, 2019 Two Chico State students recall their experiences with false rape accusations Chico State and many other schools across California are revising their sexual assault protocol after a state appellate... Crime reports release different stats Kayla Fitzgerald // October 20, 2016 Four rapes, three of which occurred on campus, were reported between 2013 and 2015, according to the Clery Annual Security Report. Different crime rates were expressed in the 2016 Clery Annual Security launches sexual misconduct awareness The Orion \u2022 \u00a9 2025 The Orion 2025 Pro WordPress Theme by \u2022 Log in Load More Stories program Bianca Quilantan // October 11, 2016 Student lack of awareness of sexual misconduct\u2014not anymore.In an attempt to expand sexual misconduct awareness, Chico State is making \u201cNot Anymore\u201d mandatory for all students by requiring... The Orion Chico State's independent student\u2026 The Orion Chico State University Plumas Hall 001 [email protected] 530-898-4386 \uf16d"} |
8,917 | Mitchell Hanlon | California State University - Fullerton | [
"8917_101.pdf"
] | {"8917_101.pdf": "California State University, Fullerton Department of Health Science Program Performance Review (PPR) Review Period: AY2009/10 - AY2014/15 Department of Health Science 2 I. Department Mission Goals and Environment 4 A. Description of mission and goals 4 B. Changes and trends in the discipline and department response 5 C. Future priorities 5 D. Special session 6 II. Department Description and Analysis 6 A. Substantial curricular changes 6 B. Structure of degree program 6 C. Student demand, enrollment and graduation data 8 D. Enrollment trends 8 E. Plans for future curricular changes 9 F. Special Sessions 9 III. Student Achievement and Assessment of Learning Outcomes 9 A. Department assessment plan and structure 9 B. Student learning outcomes and assessment 10 C. Application of assessment data 12 D. Other evidence of effectiveness and success 14 E. Assessment of student learning in alternate modalities 14 IV. Faculty 15 A. Faculty data 15 B. Priorities for additional hires 15 C. Role of full-time and part-time faculty and students assistants 15 D. Special Sessions 16 V. Student Support and Advising 16 A. Departmental advising structure 16 B. Student honors, research, service learning, and internship opportunities 17 VI. Resources and Facilities A. State and non-state support 18 B. Facilities and equipment 18 C. Library resources 20 Long-term plans 21 A. Summary of long-term plans 21 B. Long-term plans and University mission, goals and strategies 22 C. Measures of success 22 D. Long-term budget plan 23 Department of Health Science 3 VIII. Appendix 24 A. Appendix I. Undergraduate Degree Programs 25 B. Appendix II. Graduate Degree Programs 33 C. Appendix III. Faculty 34 D. Appendix IV. Resources 36 E. Appendix V. Long-term planning 37 F. Appendix VI. Curriculum Vitae of faculty 43 Department of Health Science 4 I. Department Mission, Goals and Environment A. Briefly describe the mission and goals of the unit and identify any changes since the last program review. Review the goals in relation to the university mission, goals and strategies. In Academic Year (AY) 2010-11, the Department of Health Science (HESC) revised its mission and goals. The mission of the department is to: \u201c\u2026 prepare individuals and communities with the knowledge and skills to advance health and wellness and to instill a commitment to meet the public health challenges of the 21st century. We embrace the ideals of collaboration, social justice, and diversity of students, faculty, and intellectual perspectives.\u201d In support of this mission, the four goals of the department are to: 1. Provide a broad-based undergraduate program that prepares graduates for entry-level public health positions and/or graduate education. 2. Prepare masters-level professionals to assume leadership positions within their selected public health setting. 3. Engage the surrounding community and special populations of interest to support health- enhancing activities. 4. Conduct innovative research that advances the practice of public health. The new mission highlights the teaching and training activities of the department to prepare students to promote health as well as the importance of developing a personal commitment to advancing public health. In addition, our mission statement clearly outlines the values of the department compared to the department\u2019s previous mission statement. The department\u2019s mission is aligned with the University\u2019s emphasis on learning as preeminent. In particular, we have focused on implementing the following strategies in support of each of the eight University goals (indicated A-G): 1. To ensure the preeminence of learning: A, B, C, D, E. 2. To provide high quality programs that meet the evolving needs of our students, community and region: A, B, D, E, G. 3. To enhance scholarly and creative activity: A, C, D. 4. To make collaboration integral to our activities: A. 5. To create an environment where all students have the opportunity to succeed: B, C. 6. To increase external support for university programs and priorities: C. 7. To expand connections and partnerships with our region: A, C, D. 8. To strengthen institutional effectiveness, collegial governance and our sense of community: A, C, D, G. B. Briefly describe changes and trends in the discipline and the response of the unit to such changes. Identify if there have been external factors that impact the program. Within the field of public health, there has been increasing attention paid to the growth of undergraduate public health/health science programs nationwide. This effort, spearheaded by the Association of Schools and Programs of Public Health (ASPPH), has documented the rise in undergraduate public health programs and the variability of such programs with respect to the names of degree granting units, accreditation, institution and program size, and student Department of Health Science 5 demographics. In response has developed recommendations for critical component elements of undergraduate majors in public health. The substantive curricular recommendations include: (a) an overview of public health, (b) role and importance of data, (c) identifying and addressing public health challenges, (d) human health, (e) determinants of health, (f) project implementation, (g) overview of the health system, (h) health policy, law, ethics, and economics, (g) health communication. In response to these changes within the discipline, in 2014-15 the department underwent an extensive reevaluation of its undergraduate curriculum and approved a revised undergraduate curriculum which better reflects the recommendations, providing a broader public health education. The department also agreed on a new curricular structure (i.e., moving from tracks to concentrations) and is currently in the process of creating new courses to support the new structure. C. Identify the unit\u2019s priorities for the future. The department has four main priorities for the future based on current challenges resulting in rapid student growth over the evaluation period. 1. Update curriculum. Changes in the discipline, and broader, of the focus of the department since the beginning of the evaluation period prompted the department to review its undergraduate curriculum in 2014. In addition to the previously described disciplinary changes, the scope of activity has broadened from a focus on health promotion to public health. This change in scope more significantly incorporates core elements of environmental and occupational health, epidemiology and biostatistics, and health administration. Thus, three changes have been proposed to the current curriculum as future department priorities: (a) reorganization of core classes for the Bachelor of Science (B.S.) in Health Science to reflect a more broad-based public health curriculum, (b) formalization of departmental advising tracks (health promotion and disease prevention, environmental and occupational health and safety, and global health) into university-recognized concentrations, and (c) development of two additional substantive areas as concentrations (public health nutrition and health systems). 2. Identify new space to meet departmental needs. The rapid increase in students choosing to pursue a B.S. in Health Science (see Section II.C. below) has resulted in lack of space for teaching and to accommodate needed faculty hires. The constraints on space due to enrollment growth are compounded by a similar enrollment growth in the Department of Kinesiology with whom the Department of Health Science shares the Kinesiology and Health Science Building. As a result, a second priority for the department is to identify space in Fullerton and Irvine to accommodate current growth. The department has structured its course offerings to provide the entire core curriculum and health promotion and disease prevention track courses at the Irvine campus. Specifically, the department will seek to identify space for: (a) new faculty hires such that the percent full-time equivalent faculty (FTEF) allocation reaches the university average. [The department\u2019s current percent allocation is 39%, 13% below the university average as of 2012-13.]; (b) student instruction (37.3% of in-person classes were held outside of the building); and (c) research to allow faculty to remain current in Department of Health Science 6 the field, engage students in high-impact research practices, and be competitive for external grants. 3. Increase the number of high impact practices experienced by students. To enhance student learning, the department would like to increase the number and types of high impact practices in its curricular and co-curricular activities. This includes continuing to increase the number and type of experiential learning opportunities in public health practice in 101 (Personal Health), 399 (Peer Mentoring), 410 (Community Health), 494 (Practicum in Health Science), and 495 (Internship in Health Science); exposing student to and providing opportunity for engagement with faculty research; and providing funding and opportunity for student conference attendance and presentation. 4. Assist with increasing faculty administrative workloads. With increasing student enrollment and to meet the goals of the University Strategic Plan, the service burden on full-time faculty has increased significantly such as to conduct student and program assessment, incorporate and track student high impact practices, engage part-time faculty and alumni, coach peer mentors and supervise student tutors, conduct general education (GE) recertification, and provide student career and graduate school advising. In order to better address several ongoing administrative needs relating to student success, the department has proposed for 2016-17 to hire a full time lecturer to lead departmental efforts in assessment of student learning, implementation of pedagogical innovation, supervise mentors and tutors, and increasing student engagement in public health practice opportunities. The department will also continue to conduct ongoing assessment via bimonthly staff meetings of staff resources and effective deployment to support student event planning, community and alumni outreach, instructional student assistant hiring and timesheet approvals, etc. D. If there are programs offered in a Special Session self-support mode, describe how these programs are included in the mission, goals and priorities of the department/program (e.g. new student groups regionally, nationally, internationally, new delivery modes, etc). No department undergraduate programs are offered in Special Sessions. II. Department Description and Analysis A. Identify substantial curricular changes in existing programs, new programs (degrees, majors, minors) developed since the last program review unique feature of the department is its use of advising tracks internal to the department instead of University options/concentrations/emphasis designations. The department added a Global Health advising track since the last review, resulting in a total of three current advising tracks: 1) Health Promotion/Disease Prevention; 2) Global Health; and 3) Environmental and Occupational Health and Safety. B. Describe the structure of the degree program (e.g. identify required courses, how many units of electives) and identify the logic underlying the organization of the requirements Department of Health Science 7 The current structure of the B.S. in Health Science requires 16 units of prerequisites, 25 units for major requirements, 12 units for one of three advising track and 9 units of electives. Students must also complete 3 units of upper division English proficiency requirement. The courses within each category are as follows: Prerequisites (16 units) \uf0b7 3 units of Introductory Biology \uf0b7 3 units of Introductory Chemistry \uf0b7 1 unit Science Lab \uf0b7 3 units of Introductory Social Science \uf0b7 3 units of Introductory Oral Communication \uf0b7 3 units of Anatomy & Physiology Major Requirements (25 units 101: Personal Health (3 220: Concepts in Health Science (3 349: Measurement & Statistics in Kinesiology & Health (3 400: Program Design (3 401: Epidemiology (3 440: Health Behavior (3 475: Health Science Research & Evaluation (3 494: Practicum in Health Science (1 495: Internship in Health Science (3) Advising Track Requirements (12 units) Track 1: Health Promotion and Disease Prevention 410: Community Health Education 450: Applied Health Promotion in Aging Populations 455: Designing Health Education Curricula 460: Worksite Health Promotion Track 2: Global Health 411: Promoting Health in Multicultural Populations 465: Introduction to International Health 480: Transdisciplinary Perspectives on 481: Health in a Global Society Track 3: Environmental and Occupational Health and Safety 415: Environmental Health 416: Global Issues in Environmental Health 461: Occupational Health and Safety 462: Environmental Toxicology and Health Department of Health Science 8 As a multidisciplinary field, Health Science requires students to have a background in biological, physical and social sciences that are reflected in the major prerequisites. Major requirements reflect grounding in quantitative literacy in health science and community health principles. The advising tracks allow students to select specialized study in one core area within public health. C. Using data provided by the office of Analytic Studies/Institutional Research discuss student demand for the unit\u2019s offerings; discuss topics such as over enrollment, under enrollment, (applications, admissions and enrollments) retention, (native and transfer) graduation rates for majors, and time to degree. (See instructions, Appendix I) The B.S. program in Health Science has grown substantially since the last review as shown in Table 1 regarding changes in enrollment changes from AY2008-09 to AY2014-15. Trends across enrollment categories show significant growth in the department during the review period. Table 1: Enrollment Growth, Department of Health Science, 2008 & 2015 2008-09 2014-15 Program Full Time Equivalent Students (FTES) 509.7 888.9 Annualized headcount 591.0 1476.0 Academic year 501.3 1255.0 First Time Freshmen applications 397 742 FTFs admitted 221 397 FTFs enrolled 60 173 Transfer Students Transfer applications 195 761 Transfers admitted 125 369 Transfers enrolled 82 173 degrees conferred 128 *362 *In 2013-14 Graduation rates have also increased since the last review. Data for first time full-time freshmen entering the department in 2002 have low numbers (n=20), but the 2002 cohort had a six year graduation rate of 40%, with 10% within the major and 30% in a different major. For the 2008 cohort (n=59), the six year graduation rate was 55.9%, with 42.4% completing their degree within the program and 13.6% in another major. Among new upper division transfer students, the four year graduation rate for the 2004 cohort entering the department (n=21) was 61.9%, with 47.6% finishing their degree in the program and 14.3% in another major. For the 2010 cohort (n=71), 80.29% of new upper division transfer students earned their degree in four years or less. Seventy-six percent (76%) of the 2010 cohort earned a B.S. in Health Science and 4.2% in another major. D. Discuss the unit\u2019s enrollment trends since the last program review, based on enrollment targets (FTES), faculty allocation, and student faculty ratios. For graduate programs, comment on whether there is sufficient enrollment to constitute a community of scholars to conduct the program. (See instructions, Appendix Department of Health Science 9 In 2010-11, actual was 559.0, including 140.3 lower division and 418.7 upper division students. This was near the target of 599 set by the College of Health and Human Development (CHHD). Actual has increased annually to 888.9 in 2014-15, 210.2 lower division and 678.6 upper division. This was far greater than the target of 659 hires and allocation has not increased as rapidly as student growth. In 2009-14, the department had only 11 tenured/tenure-track faculty when our allocation from the university was 26.0, while in 2014-15 the department had only 15 tenure and tenure-track faculty when our allocation was 28.7. E. Describe any plans for curricular changes in the short (three-year) and long (seven-year) term, such as expansions, contractions or discontinuances. Relate these plans to the priorities described above in section I. C. As mentioned in I.B. above, the has developed recommendations for undergraduate programs in public health. The department has made plans to significantly update the program curriculum to reflect the ASPPH\u2019s recommendations by Fall 2018. Prerequisites for the B.S. in Health Science will be simplified to include 101 (Personal Health) and a new Introduction to Public Health course (in development). The department feels University general education requirements will provide students entering the program appropriate exposure to biological, physical, and social science compared to existing prerequisites. The major requirements will be more extensive and reflect a broader public health education. One course 440, Determinants of Health Behavior) will be moved from a major requirement to a requirement for the Health Promotion/Disease Prevention concentration. New to the core requirements will be two existing class 411: Health in Multicultural Population and 415: Environmental Health) and three classes to be developed (one 1-unit course on applying public health data to community interventions, one 1-unit course introducing students to program concentrations, and an introductory 3-unit course on the U.S. health care system). Existing advising tracks will be formalized into concentrations requiring 9 units of coursework: 1) Health Promotion/Disease Prevention; 2) Global Health; 3) Environmental and Occupational Health and Safety. The departmental is in the process of obtaining final course approvals for a fourth concentration in Public Health Nutrition. The department is also currently in the planning stages of developing the coursework for the fifth concentration in Health Systems. F. Include information on any Special Sessions self-support programs offered by the department/program. No programs are offered in Special Sessions. III. Documentation of Student Academic Achievement and Assessment of Student Learning Outcomes A. Describe the department/program assessment plan (e.g. general approach, time table, etc.) and structure (e.g. committee, coordinator, etc.), and if applicable, how the plan and/or structure have changed since the last Department of Health Science 10 Since the last PPR, the department has adopted a new set of four goals and eight student learning outcomes. To assess the student learning outcomes, the department as adopted a four-year assessment model as the core of its assessment of the B.S. in Health Science. Two student learning outcomes are assessed per year using direct assessment instruments administered in the program\u2019s experiential capstone 495, which is a required internship class. In addition to the core assessment plan, the department continues to use indirect assessment indicators listed in the last PPR, including exit surveys, internship evaluations, and community advisory board feedback. B. For each degree program, provide the student learning outcomes (SLOs); describe the methods, direct or indirect, used to measure student learning; and summarize the assessment results of the SLOs. Student Learning Objectives The goals and student learning outcomes for the B.S. in Health Science are to develop: Goal 1. An understanding of theories and research based health interventions \uf0b7 Outcome 1.1. Describe major theories associated with health science and public health. \uf0b7 Outcome 1.2. Describe the steps involved in planning, implementing and evaluating research based health interventions. Goal 2. Information literacy and research skills \uf0b7 Outcome 2.1. Access and identify evidence based information sources relevant to specific health issues. \uf0b7 Outcome 2.2. Analyze statistical, epidemiological and qualitative data to promote population health. Goal 3. Professional, ethical and reflective practice with diverse populations \uf0b7 Outcome 3.1. Apply theories, research findings and best practices to promote health with diverse communities. \uf0b7 Outcome 3.2. Analyze ethical issues that arise in the field of health science and public health. Goal 4. Communication skills \uf0b7 Outcome 4.1. Make effective oral presentations taking into account diverse stakeholders. \uf0b7 Outcome 4.2. Write effectively taking purpose and audience into account. Methods to measure student learning (direct) Direct assessment instruments are used to assess each of the student learning objectives listed above. In the spring semester prior to the academic year student learning objectives are to be assessed, a small group of tenured/tenure track faculty who teach courses aimed to develop and master the learning objectives develop an assessment instrument and rubric. Both the assessment Department of Health Science 11 instrument and rubric are presented to the faculty for input and approved by the entire faculty. The following year, the assessment instrument is administered to students in 495 as a credit/no credit assignment during both Fall and Spring terms. Faculty score a 20% randomly selected subset of student assignment for scoring. The first year of the assessment plan was implemented in 2013-14 to assess Goal 2 student learning outcomes single assessment instrument with four interrelated questions was developed to assess the two student learning objectives listed above rubric to assess student learning was developed on a four-point scale, 1-Poor, 2-Marginal, 3-Good, 4-Excellent. The results of the assessment show that for the student learning outcome, \u201cAccess and identify evidence based information sources relevant to specific health issues,\u201d the average score was a 2.89 out of 4, with 64.8% scoring 3 or higher. For the student learning outcome, \u201cAnalyze statistical, epidemiological and qualitative data to promote population health,\u201d the average score was 2.81 out of 4, with 67.5% scoring 3 or higher qualitative analysis of student work showed that students had the greatest difficulty finding and understanding qualitative research and were more adept at finding and using epidemiologic data than peer reviewed studies. With respect to application of data to health interventions, students tended to be general in their applications and did not utilize a nuanced analysis of data to develop specific health interventions. In 2014-15 Goal 1 student learning outcomes were assessed. Student assessment assignments are currently being prepared for scoring. Methods to measure student learning (indirect) The primary indirect method to measure student learning is an exit survey administered to students enrolled in a 495, an internship course taken in the final term in the major. In 2013-14, among 200 students who completed the exit survey, self-rated ability on the learning outcomes for that year are described in the table below: Goal 2 Student learning outcomes Very strong (%) Strong (%) Ability to access and identify evidence-based information sources relevant to specific health issues. 79 (39.5%) 99 (49.5%) Ability to analyze statistical, epidemiological, and quantitative data to promote population health. 59 (29.5%) 88 (44.0%) In 2014-15 among 301 students who completed the exit survey, self-rated ability on the learning outcomes for that year are described in the table below: Goal 1 Student learning outcomes Very strong (%) Strong (%) Describe major theories associated with health science and public health. 71 (23.5%) 132 (43.9 Department of Health Science 12 Describe the steps involved in planning, implementing and evaluating research based health interventions. 98 (32.6%) 147 (48.8%) C. Describe whether and how assessment results have been used to improve teaching and learning practices, and/or overall departmental effectiveness. Please cite specific examples. Upon presentation of assessment results, the following areas for improvement were discussed and recommended by faculty who teach courses which introduce, develop, and master the learning outcomes: \uf0b7 Pedagogy: modifying assignments to more clearly target learning objectives; providing better feedback to students on areas for improvement; more active learning strategies. \uf0b7 Curriculum: changing content in courses to be more applied, change in specific learning goals for courses where objectives are introduced, developed, and mastered. \uf0b7 Student support: tutoring, adding on-line self-study materials, encouraging use of the writing center. \uf0b7 Faculty support: professional training, exchange of best practices and pedagogical innovation. The following planned activities will \u201cclose the loop\u201d on each specified objective. Objective 2.1 - \"Identify and access data\" Pedagogy 1 400 a) Add an in-class activity that teaches students to extract data from a research article. During this activity, the instructor would choose the article, and highlight specific data types that may be extracted. This additional activity would allow more specific practice for students under supervision of the faculty. The additional practice can then be assessed during the needs assessment assignment already given in all sections of 400. 2 475 a) In the form of one or more questions on a quiz, midterm exam, final exam, in- class assignment, or homework assignment, ask students to identify qualitative res earch. i. e.g., Give students four study abstracts (without the word \u201cqualitative\u201d in a ny of them; you can always delete that word if necessary), all of which are quantitative except one, the correct answer. ii. e.g., Any set of four descriptions of research (methods or results; no use of the word \u201cqualitative\u201d), three of which are quantitative and one of which i s qualitative, the correct answer Department of Health Science 13 b) Require a minimum number of citations in the final research report (presentation s lides, paper, poster \u2013 whatever you assign) to be of qualitative studies. i. e.g., If you require a minimum of eight citations, at least three of them mu st be qualitative studies. c) Require a minimum number of citations to be from publicly available epidemiolo gic/surveillance data (e.g., from CDC, local and state department of health) and a minimum number from peer reviewed research studies. Faculty Support 1. No additional faculty support was recommended Student Support 1. The tutoring program is aimed at helping students struggling in 349 401 and 475. Faculty will encourage students to seek help from tutors. Students taking advantage of tutors will be given assessment surveys to measure the adequacy and outcomes of tutor help. Curriculum 1. No specific curriculum changes were recognized. Objective 2.2 - \"Analyze data\" Pedagogy 1 400 a) Add an in-class activity that teaches students to extract data from a research article. During this activity, the instructor would choose the article, and highlight specific data types that may be extracted. This additional activity would allow more specific practice for students under supervision of the faculty. The additional practice can then be assessed during the needs assessment assignment already given in all sections of 400. 2 475 a) In the Discussion section of the final research report, require an Implications sub section. In the Implications, require students to recommend programmatic activities/interventions in their study population,in addition to whatever other implication statements each instructor requires. This will be quite brief in the 475 final report. We expect that students will gain deeper knowledge of designing and proposing programs based on citable evidence in 400. 3. Assessment Assignment a revision of the assessment assignment question 3 to read, \"two published studies that present qualitative data Department of Health Science 14 Faculty Support 1. No additional faculty support was recommended. Student Support 1. The tutoring program is aimed at helping students struggling in 349 401 and 475. Faculty will encourage students to seek help from tutors. Students taking advantage of tutors will be given assessment surveys to measure the adequacy and outcomes of tutor help. Curriculum 1. Proposed a 1 unit \"Lab\" course to be taken concurrently with 349. Primary purpose of course would be to integrate analysis methods with specific health science case studies. This proposal will correspond with overall curriculum realignment currently being undertaken in the department. D. Describe other quality indicators identified by the department/program as evidence of effectiveness/success other than student learning outcomes (e.g. graduation rate, number of students attending graduate or professional school, job placement rates, etc.). The department has used a number of other indicators on a student exit survey to assess teaching effectiveness and student success. Measures on the survey include: quality of instruction, currency of course content, intellectual rigor of courses, class sizes, academic and career advising, employment in the health field, and intention for additional study. Since the adoption of the University Strategic Plan, the department has also begun tracking 4-year and 6-year graduation rates, with improvements seen for 2013-14 to 2014-15. In the future, the department plans to conduct more detailed analysis of graduation rates data, examine site supervisor evaluations of students completing the department internship course. The department will also consider the possibility of conducting regular alumni surveys, an action hindered by challenges associated with obtaining perpetual student contact information. E. Many department/programs are offering courses and programs via technology (e.g. on-line, etc.) or at off campus sites and in compressed schedules. How is student learning assessed in these formats/modalities? Currently there is no distinction on the overall learning that is accomplished in-class versus in online formats. The department assessment plan assumes all students should meet the same learning outcomes and progress at the same rate through the health science curriculum. To assess whether students who took online courses versus in-class courses are performing differently, the assessment plan would need to be modified to incorporate the class history of specific students. This would be difficult to do and could no longer guarantee anonymity to instructors. IV. Faculty Department of Health Science 15 A. Describe changes since the last program review in the full-time equivalent faculty (FTEF) allocated to the department or program. Include information on tenured and tenure tract faculty lines (e.g. new hires, retirements, FERP\u2019s, resignations, and how these changes may have affected the program/department\u2019s academic offerings. Describe tenure density in the program/department and the distribution among academic rank (assistant, associate, professor) (See instructions, Appendix IV) (Attach faculty vitae see Appendix VII). Since the last program review allocated to the department has increased from 23.2 in 2008/09 (43% of allocation) to 35.5 in 2012/13 (39% of allocation), the last year for which data are available. The number of tenured faculty has increased from 4 in 2008/09 to 8 in 2014/15, while the number of tenure track faculty has stayed the same (n=6) during that same period. Since the last review period, seven new faculty have been hired, one faculty is in the Faculty Early Retirement Program, no faculty resigned, and two tenured faculty have left the department into administrative positions with retreat rights. Eight of 14 faculty are tenured. Among tenure and tenure track faculty in 2014/15, three are Full Professors, six are Associate Professors, and five are Assistant Professors. There are four full timer lecturers (two of whom are full-time academic advisors). B. Describe priorities for additional faculty hires. Explain how these priorities and future hiring plans relate to relevant changes in the discipline, the career objectives of students, the planning of the university, and regional, national or global developments. The department has prioritized two faculty hires. The first is for a tenure track faculty in environmental and occupational health and safety. This hire will bolster the environmental and occupational health and safety concentration at the undergraduate level, ensure we maintain the necessary faculty in this area to maintain accreditation of the Master of Public Health program offered by the department, and to make up for a current faculty member in this area who will be leaving the university at the end of the 2015-16 academic year second hire for a full-time, non-tenure track faculty member with expertise is in public health education and practice. The purpose of this addition would be to oversee internships and service learning, coordinate assessment, and encourage pedagogical innovation in support of the department\u2019s priorities discussed in Section I.C. While additional hires are needed to meet student growth, space limitations preclude any additional hires since office space for more than two additional hires in the future is not available in the Kinesiology and Health Science building. In order to meet the growth of the department, office space for new faculty is urgently needed. C. Describe the role of full-time or part time faculty and student assistants in the program/department\u2019s curriculum and academic offerings. Indicate the number and percentage of courses taught by part-time faculty and student teaching assistants. Identify any parts of the curriculum that are the responsibility of part-time faculty or teaching assistants. Full-time faculty have responsibility for structuring curriculum, proposing and approving new classes, and ensuring that sections of the same course provide a similar learning experience. The number of tenured and tenure-track faculty in the department has increased from 11 to 15 over the review period. This rise in faculty has not kept pace with growth in student enrollment, thus Department of Health Science 16 the number of part-time faculty has nearly doubled in the same period from 26 in 2009-10 to 46 in 2014-15. Part-time faculty and student assistants play a vital role in teaching for the department. In 2009-10, part-time faculty and student assistants taught an average of 59.6% of the 146 undergraduate sections, and in 2014-15 it was 69.6% of the 273 sections. Courses taught by part-time faculty and student assistants are generally at the lower-division levels, including 101, 342, 349 and 350 that are also courses. At the upper-division level, full-time and tenured/tenure-track faculty generally teach courses number 415 and higher, with all of the capstone 475) and nearly all of the final internship 495) courses taught by full-time and tenured/tenure-track faculty. Aside from teaching a majority of our courses, part-time faculty and teaching assistants have no further responsibilities for curriculum. With the number of courses offered by the department increasing from Fall 2009 to Spring 2010, part-time faculty are responsible for teaching a large number and proportion of students in the B.S. program. The role of teaching assistants has remained the same; between 2.9% and 4.0% of classes are taught by teaching assistants over the review period. D. Include information on instructor participation in Special Sessions self-support programs offered by the department/program. No programs are offered in Special Sessions. V. Student Support and Advising A. Briefly describe how the department advises its majors, minors, and graduate students. A. The department has two dedicated undergraduate academic advisors. Advising of first time freshmen begins at New Student Orientation, when incoming freshmen who declare Health Science as their major receive an overview of the major, group advising and assistance with selecting classes for registration. Prior to enrolling in 220, that is the advising class for the major which is typically taken in the third year, there is no mandatory student advising although freshmen and sophomores can seek voluntary advising. For new transfer students, an advising \u201cboot camp\u201d is held in-person after Transfer Student Orientation; the boot camp is available to transfer students who attend in-person and online orientation. At the boot camp, students receive advising and are enrolled into 220. The bulk of undergraduate advising occurs in 220 where the structure of the B.S. program \u2013 including major requirements, advising tracks, electives, and administrative graduation procedures \u2013 is covered in detail. Students are required to complete an academic plan and also receive professional advising. Subsequently, the academic advisors track student progress and provide ongoing support for coursework selection to promote retention and timely graduation. Advisors also hold mandatory group grad check meetings which tie together grad check, advising, and mandatory meetings with the College graduation specialist. After this process, advisors certify students to candidate status. Additional professional or subject specific advising is conducted by faculty whose students are recommended to seek out and develop relationships Department of Health Science 17 In 2015-16, the new Student Success Center was opened to house the department\u2019s academic advisors and student success activities including tutoring, peer mentoring, career advising and writing assistance services. B. Describe opportunities for students to participate in departmental honors programs, undergraduate or graduate research, collaborative research with faculty, service learning, internships, etc. How are these opportunities supported? List the faculty and students participating in each type of activity and indicate plans for the future. The department maintains many opportunities to promote student engagement in co-curricular and experiential learning. Departmental Honors. Eta Sigma Gamma (ESG) Delta Rho Chapter is the health science honorary society at California State University, Fullerton, and is the local chapter of the national health education honorary. The mission of is promotion of the discipline by elevating the standards, ideals, competence, and ethics of professionally prepared men and women in Health Education. In order to maintain membership, students must have a minimum 3.0 and volunteer 10 hours per year by participating in monthly meetings and activities that help achieve some of ESG\u2019s goals of supporting health education advocacy initiatives, providing health education services, and assisting in scientific research. In 2014-15, there were approximately 90 active members. Some recent activities include assisting in the Central County Health Expo, an event that helped to serve Orange County\u2019s most medically vulnerable population by providing medically related services; participating in the Orange County Women\u2019s Health Policy Summit, an event that addressed the gaps and health disparities affecting women throughout Orange County; donating blood at an on-campus blood drive; donating new bundles of socks to give to Homeless Health Care Los Angeles to distribute to homeless individuals living in the Skid Row area of downtown Los Angeles and along the Los Angeles River; and attending the Health Science Faculty Research Seminars held each academic year. Undergraduate research. All students in the B.S. in Health Science program received training in research methods through 475: Health Science Planning, Research and Evaluation. In this required core course, students design and conduct their own research study, developing important research skills and experience. In addition, Health Science faculty are very involved in research, affording undergraduate students numerous opportunities to participate in research. Through exposure in primarily 300- and 400- level courses taught by full-time faculty, students are introduced to ongoing faculty research activities and invited to join. Students may also obtain research exposure through working with faculty in one of four department centers/institutes: Center for Cancer Disparities Research, Center for Chronic Pain and Fibromyalgia, Center for Healthy Lifestyles and Obesity Prevention, and the Health Promotion Research Institute. In 2012-13 a total of 202 students were involved in faculty and/or center research; in 2013-14, the total was 146. Service learning and internships. The B.S. in Health Science program also requires all of its students to participate in a 40-hour practicum 494, service learning) in their sophomore or junior year and then a 120-hour internship experience 495) in their senior year. Annually, approximately 600 health science students complete a practicum and 340 students complete an internship. To facilitate placement in the field, students utilize a website maintained by the campus office of Center for Internships and Community Engagement (CICE) which Department of Health Science 18 contains a database of hundreds of approved sites/organizations which include clinical, community, government and private settings. In 2013, the department\u2019s undergraduate internship coordinator were recognized as \u201cOutstanding Internship Coordinators\u201d by CICE. Recently, the department was again recognized by with the \u201cOutstanding Partnership Award\u201d to recognize our extensive collaboration with St. Jude\u2019s (Lunchtime Education & Activity Program) project, which is working to reduce childhood obesity in local communities. For the past 2 years, approximately 60-70 CSUF, Health Science students have successfully completed their internship with the project. VI. Resources and Facilities A. Itemize the state support and non-state resources received by the program/department during the last five years. (See instructions, Appendix V.) The operating portion (i.e., not including salary and benefits) of the department budget has grown over the past six years to accommodate the increasing needs of students, faculty and staff. Department of Health Science Operating Budget 2009/2010 2014/2015 Fiscal Year (FY) Revised Budget Travel Accredi- tation UEE/Open University Misc Course Fees Additional One-Time Total 2009-2010 48,014 6,000 3,547 20,793 14,644 - 92,998 2010-2011 136,793 13,691 3,047 33,242 10,485 - 197,258 2011-2012 137,112 15,000 3,908 20,441 9,652 - 186,113 2012-2013 120,438 10,400 8,164 47,319 10,112 - 196,433 2013-2014 48,115 14,000 3,675 37,795 9,556 - 113,141 2014-2015 118,087 14,000 3,500 42,574 10,300 *2,000 190,461 *$2,000 was given to the Department in Spring 2015 for student tutors Note: 1) CourseMatch funds are not included as an \u201cAdditional One-Time\u201d as they are a partial reimbursement of faculty who taught the courses. 2) Salaries/benefits are not included as they were subtracted from the revised budget. B. Identify any special facilities/equipment used by the program/department such as laboratories, computers, large classrooms, or performance spaces. Identify changes over last five years and prioritize needs for the future Department of Health Science 19 The Department of Health Science is housed in the 70,000 sq.ft. Kinesiology and Health Science (KHS) building that includes the Division of administrative office, 42 faculty offices, one copier room, several medium classrooms 160, 164, 170, and 174), one large lecture hall 199), one seminar classroom 119), meetings rooms 122 and 221), an Employee Wellness Center, and research/teaching labs. 1. College Support. The department is supported by six college technology support staff who provide the following services: web hosting, website and web application development, web content management, 508 accessibility consultation (for hardware/software evaluation and purchasing, multimedia implementation, design and development of web applications and websites, and hardware/software training), and part-time instructor computer needs. 2. Department Computing Resources. The division houses one computer lab (in 272) used primarily for Kinesiology and Health Science classes, and includes 36 Dell Optiplex 7010 computers (with SPSS, Microsoft Office 2013, Adobe Acrobat Reader 10.6 Nutrition Program, and Altas.ti), one faculty workstation with total control of every student computer, 1 projector, overhead projector, and 2 4350 LaserJet printers. In addition, faculty and instructional staff can check out one of three mobile cards equipped with a Dell Latitude D600 and Epson 821 Projector for use in any classroom or meeting room. 3. Department Research Laboratory Resources. The Division of Kinesiology and Health Science houses a wide variety of biobehavioral resources available to and used by department faculty. These labs include the following: \uf0b7 Kathryn T. McCarty Student Lounge (KHS-002): This space is for the use of the department\u2019s current students, and includes three computers, printers, refrigerator, conference table and white board for collaborative project development and studying. \uf0b7 Fitness Assessment Laboratory (KHS-004): This lab is used to assess fitness (aerobic fitness, body composition, blood pressure, strength, flexibility and lung function) in study participants students, athletes and employees. Equipment: Hydrostatic weighing tank, treadmill, cycle ergometers, Keiser bench press and leg press, lung function equipment, skinfold calipers, grip strength dynamometers, and blood pressure equipment. \uf0b7 Exercise Physiology Lab (KHS-014): It is used primarily for neuromuscular testing, submaximal and maximal aerobic fitness testing, and anaerobic fitness testing (i.e., Wingate Testing). It also has the capability for blood analyses (blood lactate, cholesterol, glucose, and other blood chemistry). Equipment includes isokinetic and isometric strength equipment (Cybex II+ and NORM), cycle ergometers, a treadmill, metabolic measurement system (ParvoMedics), and blood chemistry instruments. \uf0b7 Phlebotomy and biological sample/blood processing laboratory 016): Designed to collect blood samples from human subjects to monitor physiological adaptations to intervention studies. Equipment: Centrifuge refrigerator with rotor and adaptor baskets, deep freezer, distilled water, plate reader and plate washer, nutator, shaker, stethoscopes, Bayer 2000 HbA1C analyzer, multiple volume and multi-channel pippetters, blood drawing syringes, gauze, band aids, tape, needles, tubes, racks, microcentrifuge tubes, distilled water, plastic buckets for ice to keep samples, blood pressure cuffs, safety guards, labcoats, and sharp containers Department of Health Science 20 \uf0b7 Public Health Laboratory 106): Designed for staff to provide research support to the conduct of behavioral studies, the lab includes six smaller research spaces, one storage space, computers (with SPSS, SAS, Atlas.ti, and access to all university software through the virtual computing lab), printers, and one photocopy machine. The space is provided to staff affiliated with the department\u2019s three research centers: Center for Cancer Disparities Research, Center for Promotion of Healthy Lifestyles and Obesity Prevention, Fibromyalgia and Chronic Pain Center. In addition, research space is provided for funded projects involving emergency preparedness, nutrition, and decision making. \uf0b7 Health Promotion Research Institute Laboratory 115): Designed for staff to provide research support to the conduct of pre- and post-award research proposals by the 60+ members of this university-wide institute. The lab includes eight smaller research spaces, one storage space, computers, printers, and one photocopy machine. Despite the rapid growth of the department over the past five years, there were no changes to the available space in the building from 2009-10 through 2014-15. Utilization of space, however, has changed as part-time lecturer offices have moved to the Education Classroom (EC- 475) building to accommodate new faculty hires. In 2015-16, however, the college opened the new Student Success Center 193) that houses five advisor offices, a student waiting area including three computers and printers, and a 40-person meeting space within which programs are conducted (such as peer mentoring, tutoring, internships, career counseling, and writing assistance). Future pressing space needs include increased office space for tenure-track/tenured faculty and full-time lecturers, classrooms to accommodate increasing numbers of majors, and space for the conduct of public health research. C. Describe the current library resources for the program/department, the priorities for acquisitions over the next five years and any specialized needs such as collections, databases etc. The Pollak Library contains a total of 822,874 books; 37,000 serials; 223,870 ebooks; and 13,700 multimedia items. The Pollak Library provides an abundance of resources and utilities through its website. And all of these electronic resources are available remotely using a simple university portal login. Among the over 240 databases that library subscribes to, there are nearly a dozen key databases used by Health Science students and faculty. They include: Academic Search Premier (EBSCO); AgeLine Plus with Full-Text (EBSCO); Cochrane Library; PubMed; PsycARTICLES (EBSCO); PsycINFO (EBSCO); ScienceDirect (Elsevier). Web of Science (ISI); and Wiley InterScience. In addition to databases used by Health Science students and faculty is access to EndNote, a bibliographic software which aids in student assignments and faculty research. In addition to databases, the library provides direct access to 7984 journals in the field of Health Science. These publications are accessed electronically through the library website. Particularly helpful is SFX, a tool that provides interlinking among library resources is integrated in almost all library databases so users can easily determine whether a journal article is available in the full-text in electronic/print format or whether a book is available in the library. If the library Department of Health Science 21 does not have access to the desired article, the user is given the option to obtain the article through our Interlibrary Loan program, ILLIAD. When faculty, staff or students need material that the Library does not own, they may request the item through Interlibrary Loan is the online software that allows users to request the item through an online form. Instructors may utilize traditional course reserve services for support material for their classes. Electronic course reserves are also available through the library. Faculty simply bring their material to the Library and sign the appropriate copyright form. The Library will then digitize the material and host the files within the online library catalogue so students may access the material at any time combination of both traditional and innovative reference service channels helps to meet the information needs of both on-campus and distance students. \uf0b7 The reference desk is staffed with faculty librarians every day the library is open. Students also have access to alternative reference assistance. \uf0b7 Online Chat Reference gives students access to a professional librarian 24 hours a day, 7 days a week. Through the library website students may submit a question and engage in real-time online chat with a librarian. The librarian will work with the student and can even push pages and co-browse with the user. \uf0b7 Email Reference allows students to submit their question online and a librarian will respond within one business day. \uf0b7 Telephone Reference is available whenever the reference desk is staffed. \uf0b7 Online Research Guides are prepared and maintained by librarians for each major helping to guide students to appropriate resources and explaining how to use the variety of resources. Specific topic guides are also available for users on subjects such as aging, demographics, statistics, government information, etc. VII. Long-term Plans A. Summarize the unit\u2019s long-term plan, including refining the definitions of the goals and strategies in terms of indicators of quality and measures of productivity. (See instructions, Appendix V) In planning for the future, it is the desire of the department to balance the pursuit of excellence in all three areas while extending our ability to produce high quality outcomes in each. Thus, the long-term goals of the department are to: 1. Achieve the stated measures of success for student learning as described in our departmental assessment plan; 2. Foster an environment where a majority of faculty will maintain active research agendas that provide meaningful contributions to the public health field and all faculty will keep abreast of advances in knowledge to inform teaching and student learning Department of Health Science 22 3. Encourage and support all faculty to maintain service activities that inform the direction of the department, address needs of students, and add to the community and profession of public health. Two major initiatives to enhance student learning are the completion of the department assessment cycle and to restructure the curriculum. With respect to assessment, the department expects to use those data to generate vigorous discussion and thinking about ways to improve our curricular and co-curricular offerings. Additionally, the department has developed plans to revise its curricular plan in the coming review period to more adequately prepare students for public health careers. The department has already taken some initial steps to enhance student learning by creating a peer mentor program; offering tutoring for bottleneck classes; and target advising resources on identifying and intervening with high-risk students. These programs will be assessed and refined. With respect to research, enablers for greater faculty productivity in the long term which the department has the ability to affect include earlier and more efficient integration of students into research projects; more predictable allocation of assigned time to stimulate research; enhanced communication for collaboration among faculty; and more opportunities for faculty to present and dialogue about current research opportunities. Other barriers to faculty productivity outside the control of the department will be discussed with the Dean. These include, but are not limited to, expanding space dedicated to faculty research and other high impact practices, and continuing to hire faculty in areas of need. Service goals for the department include enhancing the impact of faculty service by fostering the development of faculty as leaders in their respective domains of service. Leadership is highly valued in the department because of the opportunity to shape the University, local community and profession in impactful ways. Some of the strategies to increase the number of faculty in leadership positions is to recognize service leadership in the retention/tenure/promotion (RTP) process; providing greater financial support to faculty engaging leadership activities; and supporting leadership development and training opportunities for faculty. B. Explain how long-term plan implements the University\u2019s mission, goals and strategies and the unit\u2019s goals. Fundamentally, the long-term plan implements the University\u2019s mission of holding learning as preeminent by recognizing that learning is not a single activity which occurs in a classroom. The long-term plan is oriented to Strategy 2 of Goal I: Integrate teaching, scholarly and creative activities, and the exchange of ideas. As with other strategies in Goal I, we will assess student learning (Strategy 3), recruit and retain high-quality and diverse staff and faculty (Strategy 5). Under Goal II, we are incorporating Strategies 1, 4, 5, 7; Goal III, Strategies 1, 3, 4, 5; Goal IV, Strategies 1, 4; Goal V, Strategies 3 & 6; Goal VI, Strategy 3; Goal VII, Strategies 1 & 3; Goal VIII, Strategies 3, 4, 5, 7. C. Explain what kinds of evidence will be used to measure the unit\u2019s results in pursuit of its goals, and how it will collect and analyze such evidence Department of Health Science 23 Please see Appendix for a detailed list of measures the department will use to identify goal achievement. All measures are collected through a faculty database which faculty are required to update annually. D. Develop a long-term budget plan in association with the goals and strategies and their effectiveness indicators. What internal reallocations may be appropriate? What new funding may be requested over the next seven years? To ensure the sustainability of the departmental assessment plan, budget needs include ongoing support in the form of 3-unit reassigned time for a department assessment coordinator to lead assessment planning, data collection and analyses, and closing the loop with faculty and staff to ensure program improvements. The budget needs to ensure timely and effective restructuring of the undergraduate curriculum includes maintaining a 3-unit reassigned time for the undergraduate program coordinator to spearhead the curricular reorganization, submission of the new concentration plan to the university, and coordination of advising, teaching, scheduling and student supports to ensure successful transition to the new map. Anticipated budget needs to assure high-quality advising include increasing reassigned time to a full-time faculty member to coordinate the programmatic activities, a new full-time faculty member to spearhead student success and internship coordination (including the increasing requirements by healthcare institutions for student background and health checks), and increasing dedicated advising time from 6-units to 9-units of reassigned time for our two full-time advisors starting 16-17. Future budget and resources will be need to ensure adequate space for faculty research and teaching, in addition to travel for professional development and conference presentations leading to publications and continued extramural grant activities. Strategies to enhance leadership development among faculty and students are in discussion, and anticipated budget needs include support to fund community engagement events and activities, maintaining the department\u2019s Community Advisory Board, hosting or collaborating on conferences, providing opportunities, and funding travel for faculty to participate Department of Health Science 24 Appendix I. Undergraduate Degree Programs Appendix II. Graduate Degree Programs Appendix III. Faculty Appendix IV. Resources Appendix V. Long-term planning Appendix VI. Curriculum Vitae of faculty Department of Health Science 25 Department of Health Science 26 1. Undergraduate Program Applications, Admissions, and Enrollments Table 1-A. First-time Freshmen: Program Applications, Admissions, and Enrollments Academic Year # Applied # Admitted % Admitted # Enrolled % Enrolled 2010-2011 519 231 45% 66 29% 2011-2012 556 275 49% 100 36% 2012-2013 650 319 49% 102 32% 2013-2014 773 421 54% 152 36% 2014-2015 742 397 54% 135 34 Department of Health Science 27 Table 1-B. Upper Division Transfers: Program Applications, Admissions, and Enrollments Academic Year # Applied # Admitted % Admitted # Enrolled % Enrolled 2010-2011 478 256 54% 128 50% 2011-2012 407 211 52% 110 52% 2012-2013 500 329 66% 135 41% 2013-2014 718 361 50% 169 47% 2014-2015 761 369 48% 173 47 Department of Health Science 28 2. Undergraduate Program Enrollments in Table 2-A. Undergraduate Program Enrollments in Academic Year Enrollment in Lower Division Upper Division Total 2010-2011 140.3 418.7 559.0 2011-2012 155.2 487.2 642.3 2012-2013 184.4 590.6 775.0 2013-2014 205.0 656.6 861.6 2014-2015 210.2 678.6 888.9 Department of Health Science 29 Table 2-B. Undergraduate Program Enrollment (Headcount) Academic Year Majors Lower Division Upper Division Post Bacc (2nd bacc) Total per headcount 2010-2011 192.5 551.5 744.0 618.4 2011-2012 288.5 745.0 1,033.5 899.1 2012-2013 348.0 946.0 1,294.0 1,111.3 2013-2014 409.0 1,023.0 1,432.0 1,216.9 2014-2015 448.0 1,028.0 1,476.0 1,255.0 Department of Health Science 30 3. Graduation Rates for Majors Table 3-A. First-time Freshmen Graduation Rates for Majors Entered In Headcount % Graduated in 4 years % Graduated in 5 years % Graduated in 6 years % Graduated in 6 years plus 7th year persistence in major not in major in major not in major in major not in major in major not in major Fall 2002 20.00 10.00% 35.00% Fall 2003 27.00 0.00% 11.11% 7.41% 33.33% 11.11% 37.04% 14.81% 37.04% Fall 2004 50.00 2.00% 0.00% 14.00% 14.00% 26.00% 18.00% 32.00% 24.00% Fall 2005 49.00 8.16% 0.00% 24.49% 10.20% 30.61% 10.20% 32.65% 12.24% Fall 2006 72.00 18.06% 2.78% 29.17% 13.89% 33.33% 19.44% 34.72% 23.61% Fall 2007 54.00 7.41% 0.00% 24.07% 11.11% 25.93% 12.96% 25.93% 16.67% Fall 2008 59.00 10.17% 3.39% 33.90% 8.47% 42.37% 13.56% 42.37% 13.56% Fall 2009 30.00 6.67% 0.00% 26.67% 13.33% 26.67% 13.33 Fall 2010 62.00 11.29% 1.61% 11.29% 1.61 Department of Health Science 31 Table 3-B. Transfer Student Graduation Rates for Majors Entered In Headcount % Graduated in 3 years % Graduated in 4 years % Graduated in 5 years % Graduated in 6 years plus 7th year persistence in major not in major in major not in major in major not in major in major not in major Fall 2002 15.00 60.00% 6.67% 60.00% 13.33% 60.00% 13.33% 60.00% 13.33% Fall 2003 19.00 52.63% 10.53% 57.89% 10.53% 57.89% 10.53% 57.89% 10.53% Fall 2004 21.00 47.62% 9.52% 47.62% 14.29% 61.90% 14.29% 66.67% 14.29% Fall 2005 28.00 53.57% 14.29% 60.71% 17.86% 60.71% 17.86% 60.71% 17.86% Fall 2006 37.00 54.05% 8.11% 64.86% 10.81% 64.86% 10.81% 64.86% 10.81% Fall 2007 56.00 55.36% 3.57% 66.07% 5.36% 69.64% 8.93% 71.43% 8.93% Fall 2008 35.00 62.86% 5.71% 71.43% 5.71% 74.29% 5.71% 74.29% 8.57% Fall 2009 80.00 60.00% 2.50% 68.75% 6.25% 72.50% 7.50% 72.50% 7.50% Fall 2010 71.00 70.42% 2.82% 76.06% 4.23% 76.06% 4.23% 76.06% 4.23% Fall 2011 Fall 2012 Department of Health Science 32 4. Degrees Awarded Table 4. Degrees Awarded Academic Year Degrees Awarded Fall 2010 163 Fall 2011 191 Fall 2012 190 Fall 2013 307 Fall 2014 362 Total 1213 Department of Health Science 33 Department of Health Science 34 Department of Health Science 35 Table 9. Faculty Composition Tenured Tenure Track Sabbaticals at .05 at .05 Lecturers Lecturers Allocation Target 2009- 10 4 7 2 22 26.0 599 532.7 2010- 11 3 7 1, (F\u201910) 2 27 26.0 599 559.0 2011- 12 2 8 1 (F\u201911) 2 29 26.0 599 642.3 2012- 13 4 8 1 (S\u201912) 3 32 28.7 659 775.0 2013- 14 5 8 1, (S\u201914) 1 3.5 (1 S\u201914 only) 33 28.7 659 861.6 2014- 15 9 6 1 4 42 28.7 659 888.9 Department of Health Science 36 Department of Health Science Operating Budget 2009/2010 2014/2015 Fiscal Year (FY) Revised Budget Travel Accreditation UEE/Open University Misc Course Fees Additional One-Time Total 2009- 2010 48,014 6,000 3,547 20,793 14,644 - 92,998 2010- 2011 136,793 13,691 3,047 33,242 10,485 - 197,258 2011- 2012 137,112 15,000 3,908 20,441 9,652 - 186,113 2012- 2013 120,438 10,400 8,164 47,319 10,112 - 196,433 2013- 2014 48,115 14,000 3,675 37,795 9,556 - 113,141 2014- 2015 118,087 14,000 3,500 42,574 10,300 2,000 ** 190,461 **$2,000 was given to the Department in Spring 2015 for student tutors (hired as Instructional Student Assistants). Note: 1) CourseMatch funds are not included as an \u201cAdditional One-Time\u201d as they are a partial reimbursement of faculty who taught the courses. 2) Salaries/benefits are not included as they were subtracted from the revised budget Department of Health Science 37 Department of Health Science 38 Over the review period, the department has shaped itself into one which balances the tripartite functions of academic units in the University: teaching, scholarship, and service. Uniquely, the three areas are not separate domains but integrated across departmental activities. Student learning is conceptualized as extending beyond the class room to included engaged advising, involvement in service learning in the community, and participation in faculty research projects. Faculty research incorporates and serves community interests while involving students and maintaining cutting-edge curricular content. Service to the profession, University and broader community are seen as opportunities to develop faculty and student leadership skills. In planning for the future, it is the desire of the unit to continue a balanced pursuit of excellence in all three areas while extending our ability to produce high quality outcomes in each. Thus, the long-term goals of the department are to: 1. Achieve the stated measures of success for student learning as described in our departmental assessment plan; 2. Foster an environment where a majority of faculty will maintain active research agendas that provide meaningful contributions to the public health field and all faculty will keep abreast of advances in knowledge to inform teaching and student learning; 3. Encourage and support all faculty to maintain service activities that inform the direction of the department, address needs of students, and add to the community and profession of public health. The department has identified areas for long-term focus for each of these domains in addition to specific indicators and criteria of success. With respect to student learning the department will complete its first cycle of student learning assessment. We expect to use those data to generate vigorous discussion and thinking about ways to improve our curricular and co-curricular offerings. The department has already taken some initial steps to enhance student learning by creating a peer mentor program; offering tutoring for bottleneck classes; and target advising resources on identifying and intervening with high-risk students. These programs will be assessed and refined. The department has developed plans to revise its curricular plan in the coming review period to more adequately prepare students for public health careers. This includes reorganizing the curriculum map, creating new courses, and offering new concentrations for the major. This revision will be the major curricular change for the department in the following review period. The budget needs for this work includes maintaining a 3-unit reassigned time for the undergraduate program coordinator to spearhead the curricular reorganization, submission of the new concentration plan to the university, and coordination of advising, teaching, scheduling and student supports to ensure successful transition to the new map. In addition to representing a structural change, revising the undergraduate curriculum will provide an opportunity to, in accordance with assessment results, exploring ways to improve teaching practices. This includes incorporating pedagogical best practices (including high impact Department of Health Science 39 practices), piloting pedagogical innovations, and sharing successful classroom and advising strategies among full-time and part-time faculty. Thus, numerous advances in student learning are expected in the coming review period, with budget needs including ongoing support in the form of 3-unit reassigned time for a department assessment coordinator to lead assessment planning, data collection and analyses, and closing the loop with faculty and staff to ensure program improvements. We also are looking to maximize the effect of the new Student Success Center. In order to improve student success, in Fall 2015 the Departments of Health Science and Kinesiology opened the Student Success Center. The purpose of the center is to provide tools for success including major advising, tutoring services, peer mentoring, career services, and writing assistance. In the future, the would like to hold student workshops on topics such a study abroad, financial aid, and other campus resources and programs to enhance the student experience. Anticipated budget needs include 3-units reassigned time to a full-time faculty member to coordinate the programmatic activities, a new full-time faculty member to spearhead student success and internship coordination (including the increasing requirements by healthcare institutions for student background and health checks), and increasing dedicated advising time from 6-units to 9-units of reassigned time for our two full-time advisors starting 16-17. With respect research, the department provides reassigned time (when budget is available) to encourage faculty research as funding is available. It also provides regular updates on intramural and extramural funding opportunities (that approximately 50% of our faculty have at any point in time), allocates money for conference travel for each faculty member, and provides professional development training through the Health Promotion Research Institute. Faculty productivity, however, could be improved. Enablers for greater faculty productivity in the long term which the department has the ability to affect include earlier and more efficient integration of students into research projects; more predictable allocation of assigned time to stimulate research; enhanced communication for collaboration among faculty; and more opportunities for faculty to present and dialogue about current research opportunities. Many barriers to greater productivity, however, are beyond the direct control of the department. These include: identification of additional space for faculty research; hiring more faculty; reduced administrative and service workload; more protected time for research; and larger allotment of funding for conference travel. Future budget and resources will be need to ensure adequate space for faculty research and teaching, in addition to travel for professional development and conference presentations leading to publications and continued extramural grant activities. In response to these challenges, long-term plans include expansion of the departmental faculty research seminars; a defined protocol for providing assigned time for research; additional faculty hires in the areas of environmental and occupational health and safety as well as public health education and practice; streamlining departmental procedures; and development of an introductory public health course at the 200-level which will provide a larger pool of students Department of Health Science 40 with whom to engage in research. Other barriers to faculty productivity will be discussed with the Dean. Service continues to be a strength of the department with faculty serving on numerous College and University committees, engaging the local community, and advancing the profession through sustained involvement with professional organizations. Service goals for the department include enhancing the impact of faculty service by fostering the development of faculty as leaders in their respective domains of service. Leadership is an opportunity to shape the University, local community and profession in impactful ways. Some of the strategies to increase the number of faculty in leadership positions is to recognize service leadership in the process; providing greater financial support to faculty engaging leadership activities; and supporting leadership development and training opportunities for faculty. Similarly, the department will seek to enhance the high levels of service learning commitment among students by encouraging students to also seek out and take on leadership opportunities. Strategies to do this are in discussion, and anticipated budget needs include support to fund community engagement events and activities, maintaining the department\u2019s Community Advisory Board, hosting or collaborating on conferences, providing opportunities, and funding travel for faculty to participate. The department has identified the following indicators of quality and/or productivity and criteria for assessing achievement of long-term plans: Domain Indicator Criteria for success Student learning Score on direct assessment assignments 75% or more of students will score \u201cExcellent\u201d or \u201cGood\u201d on direct assessment assignments (compared to \u201cMarginal\u201d or \u201cPoor\u201d). Student self-rated competence in each of the eight student learning outcomes 85% of student will rate their ability to achieve student learning objective as \u201cVery strong\u201d or \u201cstrong\u201d on graduation exit surveys (compared to \u201cAdequate,\u201d Weak,\u201d or \u201cVery Weak\u201d). Student co-authorship on published papers 15% of faculty publications will list a student as a co-author. Number of students who go on to graduate studies 5% of graduates go on to graduate or additional professional studies within 5 years of graduation. Number of student involved in high impact practices All students in the department will be exposed to at least two high impact practices in core classes for the major. Scholarship Publication rate in peer-reviewed journals An average of one peer-reviewed publication per faculty member per year Department of Health Science 41 Presentation rate at professional meetings An average of one presentation at a professional meeting per faculty member per year. Presentation rate at on-campus scholarly events One-third of faculty members will be invited to give a presentation at an on- campus scholarly event. Number of intramural grants submitted 25% of faculty members will submit an intramural grant proposal per year. Number of intramural grants awarded 20% of intramural proposals submitted by faculty will be successfully funded. Number of external grants submitted 20% of faculty members will submit an extramural grant application per year. Number of external grants awarded 10% of extramural proposals submitted by faculty will be successfully funded. Number of active community collaborations 25% of faculty will maintain active community collaborations. Number of activities co-hosted with community partners 5 events co-hosted with community partners will be held per year. Service Committee leadership in professional organizations 25% of the faculty during the review period will serve in leadership roles in professional associations. Journal editor or referee 75% of faculty serve on the editorial board of a professional journal or as a journal referee. Referee for conference abstracts 50% of faculty serve on the editorial board of a professional journal or as a journal referee. Community advisory or executive boards 25% of faculty serve on community advisory or executive boards. Community presentations 25% of faculty give community presentations. Community consultations 25% of faculty consult for community groups. Representation on university committees. 25% of faculty serve on university committees. Participation College committees 25% of faculty serve on College committees. Chair College or University committees 20% of faculty will chair a College or University committee. Advising to student groups 10% of faculty will serve as advisors to student groups Department of Health Science 42 Outreach and awareness activities to campus community One continuing education workshop/seminar offered per year. Number of student participating in leadership development opportunities 10 students per year are documented to assume leadership roles in departmental, university, community, or professional organizations Department of Health Science 43 Department of Health Science 44 Jaclyn R. Blyleven Full Time Lecturer and Assistant Undergraduate Advising Coordinator 618 Hemingway Ave/ Placentia, Ca 92870 714.609.6672/ [email protected] Education/Certification 2006-2008 California State University, Fullerton Master of Public Health with an emphasis in Health Promotion and Disease Prevention 2007 Certified Gate Keeper Instructor Question Persuade and Refer (QPR) Suicide Prevention 2012 Cardiopulmonary Resuscitation (CPR) and First Aid Certified 2006 Certified Health Education Specialist The National Commission for Health Education Credentialing #: 13243 2006 California Basic Educational Skills Test (CBEST) Certified 2002-2006 California State University, Fullerton Bachelor of Science in Health Science Awards/Recognition 2009 & Housing Hero; California State University, Fullerton 2011 Recognition by the resident advisors of our on campus Residents Halls and their director for my contribution to alcohol awareness and sexual health awareness programs provided to the residents. 2009 Outstanding Staff of the Year; California State University, Fullerton Recognition by the Greek Community (Fraternities and Sororities) for my service and leadership to their chapter and the Greek Community. 2007 Champion\u2019s Award; California State University Alcohol and Other Drug Conference Statewide recognition for work in coordinating the campus alcohol awareness grant. Work Experience Jan 2006- Aug 2012 California State University, Fullerton Health Educator, Student Health and Counseling Center \uf0b7 Coordinator of Fullerton State Incentive Alcohol Grant projects 2007. \uf0b7 Coordinator of Fullerton Suicide Prevention Grant projects 2007-2010 \uf0b7 Coordinator of Alcohol Alternative Events to promote responsible drinking. \uf0b7 Coordinate 1 on 1 Brief Alcohol Screening Intervention for College Students. \uf0b7 Conduct group Alcohol intervention sessions Department of Health Science 45 \uf0b7 Coordinator of Computerized Alcohol Screening Intervention (CASI). \uf0b7 Develop, implement and evaluate prevention and responsible drinking programs. \uf0b7 Provide workshops for Health 101, Freshman Programs-University 100 and Biology 101 classes on sexual responsibility, responsible drinking, nutrition and stress management. \uf0b7 Perform duties of the seven competency areas of a health educator \uf0b7 Develop curricula and objectives for workshops, presentations, events and consultations. \uf0b7 Provide Question, Persuade and Refer Suicide Prevention training to students, staff and faculty \uf0b7 Smoking Cessation Consultations. \uf0b7 Develop and coordinate Health Promotion Social Marketing Campaigns (Titan Up the Party and Reach Out) 2005-2006 Healthy Lifestyles Program at Richman Park Activity Leader, Active Kids \uf0b7 Worked as a physical activity and nutrition program leader for children ages 6-12 in Fullerton in a federally funded partnership program between the Department of Kinesiology at California State University, Fullerton and St. Jude Medical Center (funded by the Centers for Disease Control and Prevention) \uf0b7 Provided mentoring and supervision to 35 neighborhood children. \uf0b7 Implemented and physical education curricula and designed own curriculum focusing on noncompetitive, developmentally appropriate physical activities for children. \uf0b7 Assisted in the data collection of physical health indicators and nutrition knowledge and preferences of children. Professional Conference Presentations 2008 \u201cSuicide Prevention: Question, Persuade, Refer\u201d Knowledge is Power Conference, California State University, Fullerton 2006 \u201cDesigning and Hosting Responsible Parties Training for Students Who Serve Alcohol\u201d Bacchus Gamma Annual Meeting, Anaheim \u201cDesignated Driver/Sober Sidekick\u201d Bacchus Gamma Annual Meeting, Anaheim Memberships 2006-2012 Alcohol and Other Drug Advisory Committee Member; California State University, Fullerton Student Programming Subcommittee Chair; California State University, Fullerton 2010-2012 Peer Health University Network Advisor; California State University, Fullerton Commencement Volunteer Coordinator; California State University, Fullerton Teaching Experience Department of Health Science 46 Aug 2014 \u2013 present California State University, Fullerton Full Time Lecturer Concepts in Health Science (Health Science 220) Program Design (Health Science 400) Designing Health Education Curricula (Health Science 455) Faculty Supervisor for Practicum in Health Science (Health Science 494) 2013-Aug 2014 California State University, Fullerton Health Science Part-Time Faculty Faculty Supervisor for Practicum in Health Science (Health Science 494 requirement for health science majors offering an opportunity to plan, implement and evaluate special community-based projects under faculty supervision. May be taken for credit for a maximum of six units. Credit/no credit only. 2013-Aug 2014 California State University, Fullerton Health Science Part-Time Faculty Concepts in Health Science (Health Science 220) Theoretical and practical issues of Health Science as a profession. Topics include history, status, resources, roles in various settings, legal and ethical issues in health education. 2012 \u2013 Aug 2014 California State University, Fullerton Health Science Part-time Faculty Program Design (Health Science 400) This course is designed to provide the student with the skills necessary for developing, implementing, and evaluating human movement and/or health promotion programs for specific target populations. 2009- California State University, Fullerton Aug 2014 Health Science Part-time Faculty Designing Health Education Curricula (Health Science 455) (online) This course explores the theory and skills necessary to develop health education curricula for use in worksites, schools, or community settings. Students will develop curriculum based on an analysis of individual, community, and societal health needs and interests. This section is online only, there are no campus meetings. 2009- California State University, Fullerton Aug 2014 Health Science Part-time Faculty Contemporary Issues in Children\u2019s Health (Health Science 358) (online) An overview of common causes of, interrelationships between, and prevention of morbidity, mortality among children and youth. Focus is on preventative and health promotion concepts and practices; connections between health and learning are explored. 2008- California State University, Fullerton 2009 Health Science Part-time Faculty Personal Health 101 (online) Basic concepts relating to health and well-being from a holistic perspective. Mental, emotional, physical and socio-environmental dimensions of health, sexuality and Department of Health Science 47 relationships; nutrition and physical fitness; use and abuse of drugs; health care services and current health problems. Advising Experience Aug 2014-Present California State University, Fullerton Department of Health Science Assistant Undergraduate Advising Coordinator \uf0b7 Permit students to courses \uf0b7 Remove holds from students\u2019 records \uf0b7 Guide students on the proper academic path \uf0b7 Approve grad checks Jan 2013-Aug 2014 California State University, Fullerton Department of Health Science- par time Assistant Undergraduate Advisor \uf0b7 Assist with academic advisement to undergraduate Health Science students \uf0b7 Health Science 494 Practicum Supervisor/Coordinator of Practicum sites . Aug 2009 \u2013 California State University, Fullerton Aug 2012 Peer Health University Network The Peer Health University Network (PHUN) is a student-based group whose purpose is to promote healthy behaviors and practices to fellow California State University, Fullerton students and assist with programs provided by the Health Education and Promotion Department. Peer Health Educators (PHE\u2019s) are trained to provide presentations and coordinate campus outreach events on a variety of health topics affecting our college campus today, including reproductive health, alcohol, tobacco and other drug information, nutrition, physical fitness, stress management and mental health, as well as general health and wellness. \uf0b7 Provide support, direction, feedback and praise to all club members. \uf0b7 Support/advisor for students going into professional health programs, such as: Master of Physician\u2019s Assistance, Nursing, Dental Hygiene, Occupational Therapy and Public Health. \uf0b7 Serve as a professional reference for many students pursuing degrees in higher education. \uf0b7 Motivate the club to achieve leadership, professionalism, and personal growth. \uf0b7 Maintain an awareness of the activities and programs sponsored by the club. \uf0b7 Attend all weekly general membership and leadership meetings. \uf0b7 Attend club programs/activities. \uf0b7 Explain and clarify College policies and procedures that apply to the club Department of Health Science 48 \uf0b7 Approve all program proposals, financial paperwork, and minutes. \uf0b7 Serve as liaison between the professional staff of the Student Health and Counseling Center and the members of the club. \uf0b7 Oversee and advise members on the development of health-specific workshops. \uf0b7 Provide training opportunities for program planning, implementation and evaluation Department of Health Science 49 John Daniel Breskey California State University, Fullerton Department of Health Science P.O. Box 6870, Fullerton 92834 Office : 657-278-8104 Mobile: 708-420-7855 E-mail: [email protected] Ph.D. Public Health, University of Illinois at Chicago, Chicago, IL, May 2011 M.S. Public Health, University of Illinois at Chicago, Chicago, IL, May 2008 B.A. Degree Biology/Minor Sociology, Oberlin College, Oberlin, OH, June 2002 2011 - Present: Assistant Professor, California State University, Fullerton, Department of Health Science, Fullerton 2011 : Visiting Research Specialist in Industrial Hygiene, University of Illinois at Chicago, College of Dentistry, Dental Emergency Medicine Readiness Team Office, Chicago 2008 \u2013 2010: Ph.D. Student and Research/Teaching Assistant, University of Illinois at Chicago, School of Public Health, Department of Environmental and Occupational Health Sciences, Chicago, IL. Thesis Title: \u201cUltrafine and Nano-Size Welding Fume Exposure Assessment: Size, Shape, and Chemistry.\u201d 2005 \u2013 2008: M.S. Student and Research Assistant, University of Illinois at Chicago, School of Public Health, Department of Environmental and Occupational Health Sciences, Chicago Thesis Title: \u201cAssessment of Inhaled Dose and Personal Exposure to Welding Fume Under Laboratory-Controlled Conditions.\u201d 2005 \u2013 2006: Safety Assistant, University of Illinois at Chicago, Environmental Health and Safety Office, Chicago 2004 \u2013 2005: Regulatory Affairs Associate, Dober Group, Midlothian 2003 \u2013 2004: Quality Control Chemist, Dober Group, Midlothian 2002 \u2013 2003: Quality Control Chemist, ChemCentral Corp., Bedford Park Department of Health Science 50 2000, 2002: Laboratory Technician, DesPlaines Valley Mosquito Abatement District, Lyons Department of Health Science 51 Professor 515 \u2013 Advanced Topics in Environmental Health California State University Fullerton, Fullerton Summer Semester 2015 Professor 495 \u2013 Internship in Health Science California State University Fullerton, Fullerton Fall Semester 2013, 2015 Spring Semester 2014, 2015 Professor 595T \u2013Topics in Environmental Problems, Air Pollution California State University Fullerton, Fullerton Fall Semester 2012, 2013, 2014 Professor 405 \u2013 Worksite Injury Prevention and Rehabilitation California State University Fullerton, Fullerton Spring Semester 2012, 2013 Professor 416 \u2013 Global Environmental Health California State University Fullerton, Fullerton Spring Semester 2012, 2013, 2014 Professor 461 \u2013 Occupational Health and Safety California State University Fullerton, Fullerton Fall Semester 2011, 2012, 2013, 2014, 2015 Spring Semester 2012, 2013, 2014 Summer Session 2012, 2013, 2014, 2015 Professor 463 \u2013 Air Pollution and Health California State University Fullerton, Fullerton Fall Semester 2011, 2012, 2013, 2014, 2015 Instructor/Teaching Assistant 431 \u2013 Air Quality Management University of Illinois at Chicago, Chicago Spring Semester 2008, 2009, 2011 Instructor 435 \u2013 Atmospheric Sampling Course Indiana Department of Environmental Management, Indianapolis March 21-25, 2011 Teaching Assistant 400 \u2013 Introduction to Environmental and Occupational Health Principles Course (Primary Instructors: Drs. An Li, Linda Forst, Milton Clark) University of Illinois at Chicago, Chicago Fall Semester 2008, 2009, 2010 Department of Health Science 52 Teaching Assistant 529 \u2013 Industrial Hygiene Laboratory (Primary Instructor: Michael Selway) University of Illinois at Chicago, Chicago Summer Semester 2008, 2009, 2010 Teaching Assistant 438 \u2013 Air Quality Laboratory (Primary Instructor: Dr. Serap Erdal) University of Illinois at Chicago, Chicago Spring Semester 2008, 2009 Assistant Instructor \u2013 Lead Safety for Renovation, Repair, and Painting Course (Primary Instructor: Salvatore Cali) OAI, Inc., Chicago Spring 2010 Assistant Instructor \u2013 Lead Safe Work Practices for Weatherization Course (Primary Instructor: Salvatore Cali) University of Illinois at Chicago, Chicago Fall 2010 Primary Instructor \u2013 Sampling Methods for Criteria Pollutants Air Pollution Training Institute, Indianapolis June 2009, March 2012 Jan 2011 \u2013 July 2011: Postdoctoral Research - Research, Analysis, and Databasing of Emerging High Power Directed Energy Technologies Marketed to the Clinical and Research Communities, P.I. Michael Colvard University of Illinois at Chicago, College of Dentistry, Dental Emergency Medicine Readiness Team (DMERT) Office, Chicago This study characterizes medical-use directed energy devices for health and safety related findings. 2008 \u2013 2010: Ph.D. Dissertation Research \u2013 Ultrafine and Nano-Size Welding Fume Exposure Assessment: Size, Shape, and Chemistry University of Illinois at Chicago, Chicago This study characterizes welding fume generated under laboratory-controlled conditions in an exposure chamber containing a breathing manikin simulating a welder performing the work. May \u2013 December, 2009: Climate Change, Green Jobs and Healthy Workplaces University of Illinois at Chicago, Chicago Authored a report for the World Health Organization (WHO) titled \u201cClimate Change, Green Jobs, Healthy Workplaces: Mitigation and Adaptation in the Energy Sector with Specific Review for Worker Health Department of Health Science 53 April \u2013 October, 2009: Chicago Health and Environmental Exposure Recreation Study University of Illinois at Chicago, Chicago Participated as a field researcher in the Chicago Health Environmental Exposure and Recreation Study (CHEERS) project, which is a multi-year epidemiological study aimed to determine whether recreational exposure to water in recreational waterways is associated with an increased risk of gastrointestinal illnesses. September, 2006 \u2013 January, 2008: Assessment of Inhaled Dose and Personal Exposure to Welding Fume under Laboratory-Controlled Conditions University of Illinois at Chicago, Chicago In this study, a laboratory-controlled experimental system for welding fume inhalation studies was designed, constructed and tested in as a means to develop exposure concentration envelope and to support establishment of applicable dose range for health effects studies of welding fumes. July \u2013 October, 2007 and July \u2013 August, 2008: Size-fractionated and Total Dust/Lead Particulate Deposition and Exposure associated with Urban Housing Demolition University of Illinois at Chicago, Chicago Served as a research assistant for a study funded by the Department of Housing and Urban Development (HUD),that determined the amount of dust and lead released during the demolition of single-family homes in Chicago Breskey, J.D., Shearer, E., and Thai Review of Exposures, Health Effects, and Safety Practices for the Development of Voluntary Occupational Health and Safety Programs in Nail Salons.\u201d Journal of Environmental Health. (under-review, revision submitted September 2015) Lippert, J. F., Lacey, S. E., Lopez, R., Franke, J., Conroy, L., Breskey, J., Esmen, N. & Liu pilot study to determine medical laser generated air contaminant emission rates for a simulated surgical procedure. Journal of occupational and environmental hygiene. 11(6), 2014, pp. D69- D77. Breskey, J.D., Vesper, B.J., Paradise, W.A., Colvard, M.D., Radosevich, J.A., Lacey, S.E. \u201cPhotodynamic Therapy Systematic Review of the Physical Hazards, Chemical Hazards, and Safety Recommendations for Proper Clinical Administration by Healthcare Staff\u201d. Photomedicine and Laser Surgery. 31(8), 2013, pp. 398-407. Breskey, J.D. \u201cCalifornia Again Leading the Way: Cosmetics Safety and Worker Health.\u201d Editorial, California Journal of Health Promotion. 11(1), 2013, pp. vi-viii. Mans, N. Z., Yurgionas, S. E., Garvin, M. C., Gary, R. E., Breskey, J. D., Galatias, A. C. and Ohajuruka, O. A. \u201cWest Nile Virus in Mosquitoes of Northern Ohio, 2001-2002.\u201d American Journal of Tropical Medicine and Hygiene. 70(5), 2004, pp. 562-565 Department of Health Science 54 Breskey, J. D. and Erdal, S. \u201cThe Particle Size Distribution of Aerosols Generated During the Shieled Metal Arc Welding of Stainless Steel in the Breathing-Zone and in Isokinetic Chamber\u201d (In preparation.) Breskey, J. D. and Erdal, S. \u201cCompositional Characterization of Size-Segregated Aerosols generated during Shielded Metal Arc Welding of Stainless Steel\u201d (In preparation.) Breskey, J. D. and Erdal, S. \u201cDevelopment of a Semi-Empirical Model for Characterizing Relationships Between Size-Segregated Personal Exposure Markers and Process-Specific, Environmental and Physiological Parameters\u201d (In preparation Breskey, J. \u201cEnvironmental Justice Youth Training Program: Increasing community capacity through a high school extracurricular module.\u201d In 143rd Annual Meeting and Exposition (October 31-November 4, 2015). APHA. Breskey, J. \u201cOverview of U.S. Approach to Occupational Health and Safety.\u201d Invited speaker at Professional Development Training Program of Public Health Administration and Chronic Disease Prevention and Control for Hubei Provincial Health and Family Planning Commission at California State University, Fullerton. December 2014. Breskey, J. \"Nail salon ventilation needs assessment survey precursor for the development of an educational intervention.\" In 142nd Annual Meeting and Exposition (November 15- November 19, 2014), New Orleans, LA. APHA, 2014. (Poster) Breskey laboratory evaluation of commercially available local exhaust ventilation systems marketed to nail salons.\" In 142nd Annual Meeting and Exposition (November 15- November 19, 2014), New Orleans, LA. APHA, 2014. (Poster) Breskey, J. Invited Panelist for \u201cSymposium on the Impact of Oil Extraction in North Orange County.\u201d California State University Fullerton, September 23, 2014. Breskey Exposure Modeling: An Overview of Tools Available from the Exposure Assessment Strategies Committee.\u201d Orange County American Industrial Hygiene Association, Bi-monthly Meeting, Irvine, CA, April 2014. Breskey, J. \u201cLaboratory Evaluation of Nail Salon Ventilation Equipment.\u201d California Healthy Nail Salon Collaborative, Spring Meeting, Westminster, CA, February, 2014. Breskey, J. \u201cOccupational Safety and Health Education: Where does fit in?\u201d Orange County Chapter of the American Society of Safety Engineers, Monthly Technical Meeting, Santa Ana, CA, June 2013 Department of Health Science 55 Breskey, J. \u201cBuilding Student Motivation to Learn: Defining Student Marketability to Potential Employers.\u201d California State University, 16th Annual Teaching Symposium, Vallejo, CA, February 2013. Breskey, J. \u201cEvaluation of Welding Parameters\u201d Roundtable Discussion at American Industrial Hygiene Conference and Expo, Indianapolis, IN, June 2012 Breskey, J. \u201cParticle Size Distributions of Welding Fume Measured in the Breathing-Zone and in and Emission Chamber.\u201d Podium Presentation at American Industrial Hygiene Conference and Expo, Indianapolis, IN, June 2012 Breskey, J. and Erdal, S. \u201cInvestigation of Elemental Composition of Size-Fractionated Welding Fume Aerosol.\u201d Poster presented at: - American Industrial Hygiene Conference and Expo, Portland, OR, June 2011. Breskey, J. \u201cOverview of Environmental and Occupational Health Sciences.\u201d Invited speaker at Conference on Career Opportunities for Minorities in Public Health, University of Illinois at Chicago, Chicago, IL, October 15, 2010. Breskey, J. and Erdal, S. \u201cCharacterization of Stainless Steel Welding Fume Particles Generated During Laboratory-Based Emission and Exposure Chamber Experiments.\u201d Poster presented at Educational Resource Center Research Day, Chicago, IL, September 2010. - American Industrial Hygiene Conference and Expo, Denver, CO, June 2010. Breskey, J. \u201cOpportunities for Doctoral Research in Public Health.\u201d Invited speaker for panel discussion at Conference on Career Opportunities for Minorities in Public Health, University of Illinois at Chicago, Chicago, IL, January 16, 2010. Breskey, J. \u201cOccupational Hygiene Topics in Steel Production.\u201d Invited speaker for Occupational Medicine Conference, University of Illinois at Chicago School of Medicine, January 13, 2010. Breskey Educational Resource Centers and Graduate Studies in Occupational Health.\u201d Invited speaker for student seminar at Department of Health Sciences, Illinois State University, Bloomington, IL, November 20, 2009. Breskey, J. \u201cRisk Assessment for Nanomaterials and Nanoparticles.\u201d Invited speaker for course on Health Risks of Emerging Technologies, University of Illinois at Chicago, Chicago, IL, July 28, 2009. Breskey, J. \u201cStrategies for Controlling Exposure to Nanomaterials.\u201d Invited speaker for course on Health Risk of Emerging Technologies, University of Illinois at Chicago, Chicago, IL, July 30, 2009. Breskey, J. and Erdal, S. \u201cAssessment of Inhaled Concentration and Personal Exposure to Welding Fume under Laboratory-Controlled Conditions.\u201d Poster Presented at Department of Health Science 56 - American Industrial Hygiene Conference and Expo, Minneapolis, MN, June 2008 Research and Award Day, Chicago, IL, April 2008 Chicago Local Section Student Night, Countryside, IL, March 2008 PI: The Environmental Justice Youth Training Program. 2015 California Environmental Justice Small Grant. $20,000 Duration 7/1/15-7/1/16 Description: Project aims to engage high school youth on the issue of disparate air pollution exposure, and aims to increase the capacity of specific minority and lower socioeconomic status communities in Anaheim, Alhambra, and Los Angeles, CA. To foster their ability to become adults who tend to participate in air pollution decision-making processes, this project will implement a 12-week after-school educational program that teaches young people the skills necessary to become leaders of environmental concerns in their own communities. PI: Nail Salon Ventilation Needs Assessment Survey Precursor for the Development of an Educational Intervention. 2013 Jr/Sr Faculty Grant, CSUF. $8,624 Duration 7/1/14 \u2013 6/30/15 PI: Research Development Mini-grant. 2013 Health Promotion Research Institute, CSUF. $6,124 Duration 1/1/14-5/31/14. PI: Measurement of Simulated Manicure Chemical Emission Rate funded by the California Healthy Nail Salon Collaborative. 2013 Seed Project Grant. $2,000 Duration 6/1/13-5/31/14. Description: The specific objectives of this project are, 1) Measure air concentration of chemical contaminants in an unventilated controlled environmental to determine total emission potential of the manicure process (i.e., worst-case scenario); 2) Measure air concentration of chemical contaminants in a ventilated controlled environment to determine the capture efficiency of two commercially available source capture ventilation systems; 3) Compare chemical concentrations measurements from grab sampling to measurements made with a real-time indoor air quality monitor to assess correlation between sampling methods. PI: Refocusing a Track Curriculum to Prepare Students for Entry-Level Careers in funded by CSUF-FDC. Faculty Enhancement and Instructional Development (FEID) grant. $5,300. Duration 9/1/2013\u2013 8/31/2014. Description: The proposed project will refocus current Environmental and Occupational Health and Safety (EOHS) track curriculum to provide specific undergraduate training in the field of that prepares graduates for entry-level employment. Specifically, the realigned curriculum will expedite students\u2019 ability to obtain professional certifications. Curriculum mapping documents, career brochures, and three new course proposals will be developed to improve student persistence and marketability to potential employers. PI: Nail Salon Ventilation \u2013 Needs Assessment Survey funded by Community-based research Mini-grant. $1,250. Duration 1/1/2013-12/31/2013 Department of Health Science 57 Description: The proposed study aims to 1) develop and administer a questionnaire to collect data from nail salon owners on their current usage and perceptions of systems, and 2) develop a model of community outreach by students to the Orange County nail salon industry that serves to inform the development of a Healthy Nail Salon Campaign in Orange County, CA.. PI: Title: Noise Assessment Assignment funded by Faculty Development Center. California State University, Fullerton. Teaching Mini-Grant. $260; 12/14/2011 Co-I: Title: Characterization of Human Exposure to Nano-Particles emitted from Stainless Steel-Shielded Metal Arc Welding Process supported by DOE. Argonne National Laboratory, Center for Nanoscale Materials \u2013 User Proposal 878); Duration: 01/01/2009 \u2013 01/01/2010. (PI: Dr. Serap Erdal, Co-I: Dr. Ernesto Indacochea) Description: The proposed research aims to characterize size-segregated welding fume samples collected during laboratory-based experiments for size, morphology and composition using scanning electron microscopy with the detector located in Argonne Center for Nanoscale Materials. Argonne personnel provided training in use of facilities prior to use of microscopes and collection of data. Particle size and shape were categorized from obtained images and elemental composition of particles was identified and documented across samples corresponding to stages of cascade impactor. These data are instrumental in understanding the size fractions of importance for health effects studies and determining the distribution of toxic metals across different size ranges, guiding the exposure control and health risk reduction measures. PI: Title: Morphological Assessment of Welding Fume from Source to Receptor funded by Education and Research Training Grant \u2013 Pilot Project Research Training (3 T42 OH008672); $20,000 Duration: 07/01/2008 \u2013 06/31/2009 Description: The proposed research aims to characterize the morphology, size and composition of size-segragated ultra- and nano-size welding fume fractions using state-of-art microscopy techniques. Experiments were conducted within isokinetic emission and exposure chambers using cascade impactor instruments (ELPI, MOUDI, SIOUTOS), which enabled collection of fume in distinct size fractions. Specific sampling media and media preparation methods were utilized for post analysis of samples using an electron microscope. The funding was requested for training in use of various microscopes (i.e and TEM) located in Research Resource facilities 1. Christina Scofield Project Chair, 2012 2. Dwight Long Project Chair, 2013 3. MaryAnn Boice-Ceja Project Chair, 2013 4. Darren Thai Project Chair, 2013 5. Joshua Fickenscher Project Chair, 2013 6. Devon Wayne Project Chair, 2014 Department of Health Science 58 7. Tracey Davidson Project Chair, 2014 8. Dung Nguyen Independent Studies, 2014 9. Helen Nguyen Independent Studies, 2014 10. Nancy Truong Independent Studies, 2014 11. Derek Brown Project Chair, 2014 12. Elizabeth Barros Project Chair, Independent Studies, 2014 13. Eric Shearer, Graduate Assistant, 2014 14. Britney Jensen, Graduate Assistant, 2014 15. Eunice Salcedo, Graduate Assistant, 2014 16. Chelden Kratz, Undergraduate Independent Studies, Health Science Internship, 2014, 2015 17. Jaclyn Loomis Project Chair, Independent Studies, 2014, 2015 18. Leonardo Lopez Project Chair, 2015 19. Jasper Tolentino Project Chair, 2015 20. Farah Firtha Project Chair, 2015 21. Harold Custodio, Graduate Assistant, 2015 22. Lucia Aguirre Independent Studies, 2015 23. Adriana Imbre Independent Studies, 2015 Delta Omega Honor Society in Public Health Member, Lambda Chapter, University of Illinois at Chicago, 2011 Illinois Public Health Research Pre-Doctoral Fellowship, awarded by Center for Disease Control to select doctoral students pursuing dissertation research at the University of Illinois at Chicago, 2010 UIC-Institute for Environmental Safety and Policy Fellowship Recipient, awarded by to select doctoral students conducting interdisciplinary research applicable to environmental public policy decision making, 2008 American Industrial Hygiene Foundation Scholarship Recipient, awarded by to select graduate students based on academic merit and active participation in the field of Industrial Hygiene, 2007 Michael Bruton Workplace Safety Foundation Scholarship Recipient, awarded to a single student in the department with proven commitment to the field of occupational safety and health, 2006 National Safety Council Congress and Expo Scholarship Recipient, awarded by National Safety Council to graduate students pursuing a career in a safety discipline, 2006 Industrial Hygiene Traineeship, University of Illinois at Chicago, 2005 to 2009 Science Scholar, Oberlin College, 1998 to 2002 Department of Health Science 59 American Society for Safety Engineers (ASSE) Orange County Chapter President, 2015-2016; President-Elect, 2014-2015; Treasurer 2012-2014 Chair Professional Development Conference Committee, March 2015 Member Regional Operations Committee, 2015-2016 American Industrial Hygiene Association (AIHA) Southern California Section, Orange County Section American Conference of Governmental Industrial Hygienists (ACGIH) American Public Health Association Industrial Hygiene Student Association (President 2009; Treasurer, 2008 Funding My Research 2.0 Office of Research Development, Fall 2015 to Spring 2016 Certified Safety Professional Examination Workshop, American Society for Safety Engineers (ASSE) September 17-19, 2015 Writing a Journal Article in 12 Weeks, Faculty Research Community Faculty Development Center, Fall 2014 Course Makeover Program, Faculty Learning Community Faculty Development Center, Spring 2014 Funding My Research Office of Research Development, Summer 2012 \u2013 Spring 2013 Student Learning And Teaching Excellence (SLATE) Academy Faculty Development Center, Fall 2011 to Fall 2012 I: Ergonomics Assessment Certification Workshop, The Back School, San Bernadino January 2013 Department of Health Science Faculty Panel Member 500, Fall 2015 Search Committee, Assistant Undergraduate Advisement Coordinator/Lecturer (Non- tenure Track), 2013-14 Space Committee, Fall 2011-2014, Chair 2013-14 Undergraduate Assessment Committee, Spring 2012-Present, Chair 2015-Present Undergraduate Committee, Fall 2011-present College of Health and Human Development, College Retreat Facilitator, Fall 2015 Assessment Committee, Fall 2014-present Strategic Planning Implementation Committee, Fall 2014-present Scholarship Committee, Spring 2012-2013 California State University, Fullerton Department of Health Science 60 Library Committee, Fall 2013-Spring 2015, Committee Chair during 2014/15 Academic Year Student Section of American Society of Safety Engineers Faculty Advisor, Fall 2011- present Extended Education Committee, Fall 2012-Spring 2013 Faculty Development Center Grant Reviewer, Spring 2014 Faculty Learning Community Co-Facilitator, Spring 2013 International Travel Reimbursement Grant Reviewer, Spring 2013 Faculty-Undergraduate Student Research Grant Reviewer, Fall 2012 Department of Health Science 61 Laura Chandler, DrPH Lecturer, Department of Health Science California State University - Fullerton [email protected] (714) 743-7251 DrPH Doctorate of Public Health - Health Education, May 2011 Loma Linda University Masters of Public Health - Health Promotion and Education, March 1997 Loma Linda University Bachelor of Arts - Psychology, June 1995 California State University, Long Beach Master Certified Health Education Specialist, April 2010 \u2013 present Commission for Health Education Credentialing Certified Health Education Specialist April 1999 - 2010 Commission for Health Education Credentialing Aug. 2004- Present Full Time Lecturer & Internship Coordinator California State University, Fullerton Department of Health Science Feb. 2008- 2010 Adjunct Lecturer Southern California College of Optometry Intro to Public Health and Health Promotion Feb. 2001- Aug. 2004 Director of Health Education & Promotion California State University, Fullerton Student Health and Counseling Center Division of Student Affairs Feb. 1999- Aug. 2004 Part Time Lecturer California State University, Fullerton Education Professional Certification Experience Department of Health Science 62 Division of Kinesiology and Health Science Personal Health and Intern/Practicum Advisor Feb. 1997- Feb. 2001 Camp Fire Boys and Girls, Orange County Council, Tustin CA. Director of Program Services, May 1999- Feb. 2001 Program Administrator, February 1997 - May 1999 Sept. 1996- Jan. 1997 United Way of Orange County, Irvine, CA. Community Services Intern (400 hours) Feb. 1993- August 1995 Pacific Haven Skilled Nursing Facility, Garden Grove, CA. Physical Therapy Aide Principal Investigator Center for Internships & Community Engagement mini grant for Service Learning Assessment, 2015. $1500. The aim of this project is to assess the impact of a service-learning component in comparison to lecture-only methodology. Internal Evaluator CalMHSA, California Mental Health Services Authority, 10/4/2012-10/4/2014. $250,000 Mental Health Initiative. As part of a programmatic project to increase knowledge of mental health services and resources and decrease the stigma associated with mental health, the purpose of the evaluator is to gather and interpret data as to measure the effectiveness of programs. Co-Principal Investigator USDA/NIFA, 08/01/11 \u2013 08/01/14 $277,500. Childhood Obesity and Nutrition Curriculum for a Changing Population. The aim of the project is to train underrepresented students in nutrition and childhood obesity in partnership with Davis via developing a new course in cultural context for Hispanic, Southeast Asians and Pacific Islander populations. Co-Principal Investigator USDA/NIFA, 08/15/11 \u2013 08/14/14 $280,343. Increasing Workforce Diversity: Training Hispanic Students to Address Childhood Obesity and Nutrition. The aim of the project is to train Hispanic student leaders and develop a childhood obesity and nutrition curriculum integrating the role of policy and community engagement in reducing obesity and improving nutrition in immigrant Hispanic populations. Principle Investigator Safer California Universities Study, 2003-2008 Risk-reduction strategies regarding alcohol consumption Funded by through Prevention Research Center Research, Grants and Contracts Department of Health Science 63 Principle Investigator Social Norms Marketing Research Project, 2001-2004 Social norms campaign regarding alcohol consumption norms Funded by and Federal Branch of Dept. of Education Co-Principle Investigator California Dept. of Health Services, 1997-2001, $500,000 Community Challenge Grant. Purpose of the project is to reduce teen pregnancy with a multi approach of education, policy change, community collaboration, mentorship, life skills training and youth employment services. Consultant Tobacco Cessation Program, 2002-2003 Smoking cessation program for students, staff & faculty Funded by Orange County Health Care Agency Courses Enhanced & Taught: \uf0b7 Personal Health \uf0b7 Consumer Health \uf0b7 Concepts in Health Science/Public Health \uf0b7 Community Health \uf0b7 Nutrition \uf0b7 Childhood Obesity & the Social Context \uf0b7 Health Promotion \uf0b7 Program Design \uf0b7 Practicum in Health Science \uf0b7 Internship in Health Science \uf0b7 Introduction to Public Health (graduate level and students) Member, Orange County\u2019s Healthier Together Initiative and Partnership 2014 - present Member, Fullerton Collaborative, 2015 - present Member California Internship & Work Experience Association 2014-present Subcommittee for Interim Report on Advising Practices 2013-2014 Co-Chair Subcommittee Advising Practices, 2008-2011 Member, Health Professions Advising Committee, 2008-2011 Charter Member, Eta Sigma Gamma, Delta Rho Chapter, 2004-present Member, Health and Human Development Curriculum Committee, Health Science representative 2009-2011 Teaching Membership Department of Health Science 64 Chair, Research and Assessment Sub Committee for Alcohol and Other Drug Advisory Committee, March 2003 \u2013 2009 Member Student Health Advisory Committee, 2004-present Member, American Public Health Association, 2005-present Member, Society for Public Health Educators, 2005-present Member, America Alliance for Health, Physical Education, Recreation and Dance AAPERD, 2011 \u2013 present. (Name change in 2014 to \u2013 Society of Health And Physical Educators) Nominated for the 2015 Teamwork and Collaboration Award, 2015, Anonymous Honored by Academic Senate for work on the application for the Carnegie Foundation Community Engagement Classification, 2015 Awarded Most Committed Partner, 2015, Center for Internships and Community Engagement Awarded Outstanding Internship Coordinator, 2013, Center for Internships and Community Engagement Awarded, Excellence in Teaching, 2012 Honor Society Awarded Innovations in Advising, 2011 Student Affairs Division Chandler, L., Lee, J.W., Lesniak, K. T., & Herring, P. T. (2015) Fitness assessment feedback lowers intrinsic motivation for physical activity among college students. Abstract recently accepted for submission to Journal of Health Promotion. Miller, T., Chandler, L. & Mouttapa, M. (2015 needs assessment, development, and formative evaluation of a health promotion smartphone application for college students. American Journal of Health Education. 46, 207-213. Moczulski, V., McMahan, S., Weiss, J., Beam, W. & Chandler, L. (2007). Commuting behaviors, obesity risk and the built environment. American Journal of Health Studies. 22, 26-32. Honors & Awards Publications Department of Health Science 65 McEligot AJ, Gonzalez E., Chandler L., Tran, N., Pillazar, L. & Haro, M. Obesity and nutrition education, integrating structural factors, increases knowledge and applied learning, April 2015. The Journal. vol. 29 no. 1 Supplement 910.3 McEligot AJ, Gonzalez E. & Chandler L. Comidas y Comunidades Saludables Healthy Foods and Communities Approach. CSUF, Latinos and the City: Grassroots Visions for Healthy Communities, April 2014 McEligot AJ, Gonzalez E. Chandler L. & Espinoza A. Comidas y Comunidades Saludables: BestApproaches for Training Diverse Students in Nutrition and Childhood Obesity ResearchConference Collaboration, Santa Barbara, CA, February 2015 McEligot, A.J., Gonzalez, E., Chandler, L., Tran, N., Pillazar, L. Nutrition, Obesity and Policy in Hispanic Communities Project Directors Meeting. Washington DC. November 2011 McEligot, A.J., Gonzalez, E., Chandler, L., Tran, N., Pillazar, L. Comidas y Comunidades Saludables (CCS) \u2013 Healthy Foods and Communities Project Directors Meeting. Edinburg, TX. May 2012 Tran, N.A., McEligot, A.J., Steinberg F., Chandler L., Pillazar L. Factors Influencing Undergraduate Students\u2019 Intentions to Pursue Careers in Health Sciences. Southern California Public Health Association, November 2012, Pasadena Chandler, L. Fitness assessment feedback lowers intrinsic motivation for physical activity among college students, APHA, November 2011, Washington Chandler, L. & McMahan, S. Childhood Obesity Prevention, Orange County Child Abuse Prevention Network, Spring 2009 Conference Presentations Department of Health Science 66 Shana Alex Charles, MPP, PhD1 Assistant Professor Fullerton, Dept. of Health Science 800 N. State College Blvd 237 Fullerton 92831 e-mail: scharles@fullerton. edu phone: (657) 278-8436 Education 2009 PhD Health Services Fielding School of Public Health 2001 Health Policy Luskin School of Public Affairs 1997 Political Science College of Letters and Sciences Relevant Work Experience 2015-present Assistant Professor Fullerton Department of Health Sciences 2015-present Faculty Associate Center for Health Policy Research 2009-2015 Research Scientist Center for Health Policy Research 2009-2015 Director Center for Health Policy Research, Health Insurance Studies Program 2009-2015 Assistant Researcher Fielding School of Public Health, Department of Health Policy and Management 2014-2015 Lecturer Department of Public Health, College of Health and Human Services 2011-2015 Contributing Faculty Walden University College of Health Sciences, Department of Health Care Administration 2013 Course Designer Extension, Division of Health Care and Counseling 2012-2013 Lecturer Extension, Division of Health Care and Counseling 2001-2009 Senior Research Center for Health Policy Research Associate 2001-2009 Project Manager Center for Health Policy Research, State of Health Insurance in California Project 2007-2009 Teaching Associate Department of Health Services 2000-2001 Graduate Researcher Center for Health Policy Research 2000-2001 Teaching Assistant Department of Public Policy 1997-2000 Research Assistant Office of Public Health Practice 1997-2000 Program Assistant Executive Program in Community Health 1996-1997 Student Intern Office of Federal Relations 1995-1997 Teaching Assistant Department of Public Policy 1 Have also published under the names Shana Alex Lavarreda and Shana Alex Department of Health Science 67 Courses Taught 349 Measurement and Fullerton Department of Health Sciences Statistics in Health Sciences 6050 Health Systems Walden University College of Health Sciences 6115 Research Methods Walden University College of Health Sciences and Quantitative Analysis 6135 Health Economics Walden University College of Health Sciences and Policy 6200 Population Health Walden University College of Health Sciences 6300 Law, Ethics & Policy Walden University College of Health Sciences 440 Health Organizations Department of Public Health 446 Health Policy Department of Public Health 470 Health Organizations Extension, School of Nursing 473 Public Policy Courses as Guest Lecturer Extension, School of Nursing 101 Perspectives on Dis College of Letters and Sciences ability Studies 100 Health Organizations Department of Health Policy & Management and Financing 200A Health Organizations Department of Health Policy & Management and Financing 200B Health Organizations Department of Health Policy & Management and Financing Selective Health Policy Charles R. Drew Medical School Contracts and Grants 2016 \u2013 2017 2013/14 Research Projects Grant (Co-PI, submitted to The California Endowment) 2009 \u2013 2016 California Health Benefits Review Program Cost Team annual subcontract (UCOP) 2013 \u2013 2015 2011/12 Research Projects Grant (Co-PI, The California Endowment) 2013 \u2013 2014 The State of Health Insurance in California Project Core Funding Grant (Co-PI, The California Wellness Foundation) 2011 \u2013 2013 2009 Research Projects Grant (Co-PI, The California Endowment) 2010 \u2013 2012 The State of Health Insurance in California Project Core Funding Grant (Co-PI, The California Wellness Foundation) 2008 \u2013 2009 State Health Access Reform Evaluation (Robert Wood Johnson Foundation) 2008 \u2013 2009 Dissertation Grant (The California Program on Access to Care Department of Health Science 68 Peer-Reviewed Articles and Book Chapters Charles SA, Melnikow J, Kempster J, Ponce N, Guendelman S, Ritley D, and Lewis (submitted to Journal of Immigrant and Minority Health). Health Benefits Mandates in California and Their Potential Effects by Racial and Ethnic Groups. Pourat N, Charles SA, and Snyder (submitted to Medical Care, under revise and resubmit). Availability of Care Concordant With Patient-Centered Medical Home Principles among Those with Chronic Conditions: Measuring Care Outcomes. Charles and Snyder (2015). The Recession Index: Measuring the Effects of the Great Recession on Health Insurance Rates and Uninsured Populations. California Journal of Politics and Policy: 7(2). Lavarreda and Brown (2013). Chapter 6: Public Health Insurance. In: Kominski (Ed.), Changing the U.S. Health Care System: Key Issues in Health Services Policy and Management, Fourth Edition. Jossey- Bass: San Francisco, CA. Lavarreda SA, Ponce N, and Cabezas (2011). Access to Job-Based Insurance for California\u2019s Workers and their Families: The Effect of the Great Recession and Double-Digit Unemployment in California. California Journal of Politics and Policy, 3(4): Article 6. Lavarreda SA, Brown ER, and Boldoc (2011). Underinsurance in the United States: An Interaction of Costs to Consumers, Benefit Design, and Access to Care. In: Fielding JE, Brownson RC, and Green (Eds.), Annual Review of Public Health, 32:471-82. Annual Reviews: Palo Alto, CA. Cummings JR, Lavarreda SA, Brown ER, and Rice (2009). The Effects of Spells of Uninsurance on Children\u2019s Access to Health Care. Pediatrics, 123(3): e411-8. Lavarreda SA, Gatchell M, Ponce N, Brown ER, and Chia JL. (2008). Switching Insurance and Its Effects on Access to Physician Services. Medical Care, 46(10): 1055-63. Brown and Lavarreda (2007). Public Policies to Extend Health Care Coverage. In: Andersen R, Rice TH, and Kominski (Eds.), Changing the U.S. Health Care System: Key Issues in Health Services Policy and Management, Third Edition. Jossey-Bass: San Francisco, CA. Rice T, Lavarreda SA, Ponce N, and Brown ER. (2005). The Impact of Private and Public Health Insurance on Medication Use for Adults with Chronic Diseases. Medical Care Research and Review, April, 62(2): 231-49. Ponce NA, Lavarreda SA, Yen W, Brown ER, DiSogra C, Satter DE. (2004). The California Health Interview Survey 2001: Translation Methodology of a Major Survey for California\u2019s Multiethnic Population. Public Health Reports, July-Aug, 119 (4): 388-95. Kar SB, Alcalay R, and Lavarreda [as Alex S] (2000). Health Communication Multicultural Perspective. Sage Publications: Thousand Oaks, CA. Massey E, Ortiz R, and Alex (1999). Public Health Approaches to Substance Abuse Prevention Multicultural Perspective. In: Kar (Ed.), Substance Abuse Prevention Multicultural Perspective, pp. 11-41. Baywood Publishing: Amityville, NY. Kar and Alex (1999). Substance Abuse Prevention in Multicultural Community Community Perspective. In: Kar (Ed.), Substance Abuse Prevention Multicultural Perspective, pp. 261-69. Baywood Publishing: Amityville, NY. Reports and Policy Briefs Charles SA. Adult Medi-Cal Enrollment Surges, Uninsured Rate Plummets in 2014. Los Angeles Center for Health Policy Research, August 2015. Becker T, Charles SA, Scheitler AJ, and Ponce (2015). Medi-Cal vs Employer-Based Coverage: Comparing Access to Care. Los Angeles: California HealthCare Foundation, July 2015. Charles (2015). Six and a Half Million Californians Lacked Insurance in 2013. Los Angeles Center for Health Policy Research, February 2015 Department of Health Science 69 Charles SA, Jacobs K, Roby DH, Pourat N, Snyder S, and Kominski (2014). The State of Health Insurance in California: Findings from the 2011/12 California Health Interview Survey. Los Angeles Center for Health Policy Research, December 2014. Lavarreda and Snyder (2013). Before the Medicaid Expansion, Public Programs Covered One in Five Californians. Los Angeles Center for Health Policy Research, October 2013. Lavarreda SA, Snyder S, and Brown (2013). The Effects of the Great Recession on Health Insurance: Changes in the Uninsured Population from 2007 to 2009. Los Angeles Center for Health Policy Research, August 2013. Lavarreda and Snyder (2013). Three-fourths of Children and Parents in California\u2019s Building Healthy Communities Sites Eligible for Health Insurance Expansions. Los Angeles Center for Health Policy Research, July 2013. Pourat N, Lavarreda SA, and Snyder (2013). Patient Centered Medical Homes Improve Care for Adults with Chronic Conditions. Los Angeles Center for Health Policy Research, May 2013. Padillo-Fausto DI, Grant D, Lavarreda SA, and Aydin (2012). Half a Million Uninsured California Adults with Mental Health Needs are Eligible for Health Coverage Expansions. Los Angeles Center for Health Policy Research, November 2012. Lavarreda and Snyder (2012). Job-Based Coverage Insures Less Than Half of Nonelderly Californians in 2012. Los Angeles Center for Health Policy Research, October 2012. Lavarreda SA, Snyder S, and Roby (2012). Health Care Proposals in the 2012 Presidential Campaign. Los Angeles Center for Health Policy Research, October 2012. Lavarreda SA, Cabezas L, Jacobs K, Roby DH, Pourat N, and Kominski (2012). The State of Health Insurance in California: Findings from the 2009 California Health Interview Survey. Los Angeles Center for Health Policy Research, February 2012. Ponce N, Lavarreda SA, and Cabezas (2011). The Impact of Health Care Reform on California\u2019s Children in Immigrant Families. Los Angeles Center for Health Policy Research, June 2011. Lavarreda and Cabezas (2011). Two-Thirds of California\u2019s Seven Million Uninsured May Obtain Coverage Under Health Care Reform. Los Angeles Center for Health Policy Research, February 2011. Lavarreda SA, Cabezas L, Roby DH, and Brown (2010). 12-Month Continuous Eligibility in Medicaid: Impact on Service Utilization. Minneapolis: State Health Access Reform Evaluation Program, December 2010. Lavarreda and Cabezas (2010). Without Access to Job-Based Coverage, Nearly Two-Thirds of Adults Remain Uninsured. Los Angeles Center for Health Policy Research, October 2010. Lavarreda SA, Chia YJ, Cabezas L, and Roby (2010). California\u2019s Uninsured by County. Los Angeles Center for Health Policy Research, August 2010. Lavarrreda SA, Brown ER, Cabezas and Roby (2010). Number of Uninsured Jumped to More Than Eight Million from 2007 to 2009. Los Angeles Center for Health Policy Research, March 2010. Lavarreda and Brown (2009). National Health Care Reform Will Help Four Million Adults and Children in California. Los Angeles Center for Health Policy Research, October 2009. Brown ER, Kronick R, Ponce NA, Kincheloe J, Lavarreda SA, and Peckham (2009). The State of Health Insurance in California: Findings from the 2007 California Health Interview Survey. Los Angeles Center for Health Policy Research, August 2009 Department of Health Science 70 Brown ER, Lavarreda SA, Peckham E, and Chia (2008). 6.4 Million Californians were Uninsured in 2007 as Economy Begins Descent. Los Angeles Center for Health Policy Research, December 2008. Gatchell M, Lavarreda SA, and Ponce (2007). 7.6 Million Californians Rely on the Safety Net of Health Care Providers for Regular Care. Los Angeles Center for Health Policy Research, September 2007. Brown ER, Ponce N, and Lavarreda (2007). Job-Based Insurance Declines for Moderate- and Low-Income Workers. Los Angeles Center for Health Policy Research, July 2007. Brown ER, Lavarreda SA, Ponce N, Cummings Link J, Yoon J, and Rice (2007). The State of Health Insurance in California: Findings from the 2005 California Health Interview Survey. Los Angeles Center for Health Policy Research, July 2007. Lavarreda SA, Brown ER, Yoon J, and Glenn (2006). More than Half of California\u2019s Uninsured Children Eligible for Public Programs but Not Enrolled. Los Angeles Center for Health Policy Research, October 2006. Yoon J, Brown ER, Lavarreda SA, and Glenn (2006). One in Five Californians Were Uninsured in 2005 Despite Modest Gains in Coverage. Los Angeles Center for Health Policy Research, October 2006. Brown ER, Lavarreda SA, Rice T, Kincheloe JR, and Gatchell (2005).The State of Health Insurance in California: Findings from the 2003 California Health Interview Survey. Los Angeles Center for Health Policy Research, August 2005. Lavarreda SA, Brown ER, and Ponce (2005). Insurance Rates of Asian American and Pacific Islander Children Vary Widely. Los Angeles Center for Health Policy Research, May 2005. Brown and Lavarreda (2005). Job-based Coverage Drops for Adults and Children but Public Programs Boost Children\u2019s Coverage. Los Angeles Center for Health Policy Research, February 2005. Brown and Lavarreda (2004). Children\u2019s Insurance Coverage Increases as Result of Public Program Expansion. Los Angeles Center for Health Policy Research, December 2004. Brown ER, Lavarreda SA, Meng YY, Andersen RM, Bindman AB, Gelberg L, Becerra L, Gatchell M, and Yoon (2004). County Residency and Access to Care for Low- and Moderate-Income Californians. Los Angeles Center for Health Policy Research, March 2004. Brown ER, Ponce N, Rice T, and Lavarreda (2003). The State of Health Insurance in California: Long-term and Intermittent Lack of Health Insurance Coverage. Los Angeles Center for Health Policy Research, November 2003. Brown ER, Yu H, Lavarreda SA, Becerra L, Dube A, and Kronick (2003 2 Will Extend Coverage to 1 Million Uninsured Workers and Dependents. Los Angeles Center for Health Policy Research, September 2003. Brown ER, Lavarreda SA, Meng YY, Andersen RM, Bindman AB, Gelberg L, Becerra L, Gatchell M, and Yoon (2003). Measuring Access to Physician Services in Medi-Cal and Healthy Families. Draft report Center for Health Policy Research, August 2003. Brown and Lavarreda (2003). Over Half of California\u2019s 6.3 Million Uninsured Lack Coverage for More Than a Year. Los Angeles Center for Health Policy Research, March 2003. Brown ER, Ponce N, Rice T, and Lavarreda (2002). The State of Health Insurance in California: Findings from the California Health Interview Survey. Los Angeles Center for Health Policy Research, June 2002. Brown ER, Alex S, and Becerra (2002).Number of Uninsured Californians Declines to 6.2 Million \u2013 2 Million are Eligible for Medi-Cal or Healthy Families. Los Angeles Center for Health Policy Research, March 2002 Department of Health Science 71 Academic Conference Presentations Charles (2014). \u201cImplementation of the Affordable Care Act in California: Is Latino Enrollment a Success Story?\u201d Invited oral presentation at the 2014 American Public Health Association Annual Meeting. New Orleans, LA: November. Lavarreda SA, Snyder S, Melnikow J, Kempster J, Ponce N, Guendelman S, Ritley D, and Lewis (2013). \u201cHealth Benefits Mandates and Their Potential Effects by Racial and Ethnic Groups: Measuring Disproportionalities among Insured Populations.\u201d Oral presentation at the 2013 American Public Health Association Annual Meeting. Boston, MA: November. Lavarreda SA, Snyder S, Kominski G, and Ponce (2013). \u201cUninsured Children in Immigrant Families: Left Behind by Health Care Reform?\u201d Oral presentation at the 2013 American Public Health Association Annual Meeting. Boston, MA: November. Lavarreda SA, Melnikow J, Kempster J, Ponce N, Guendelman S, Ritley D, and Lewis (2013). \u201cHealth Benefits Mandates and Their Potential Effects by Racial and Ethnic Groups: Measuring Disproportionalities among Insured Populations.\u201d Poster presentation at the 2013 Academy Health Annual Research Meeting. Baltimore, MD: June. Lavarreda SA, Snyder S, Kominski G, and Ponce (2013). \u201cUninsured Children in Immigrant Families: Left Behind by Health Care Reform?\u201d Oral presentation at the 2013 Academy Health Annual Research Meeting. Baltimore, MD: June. Lavarreda SA, Snyder S, Kominski G, and Ponce (2013). \u201cUninsured Children in Immigrant Families: Left Behind by Health Care Reform?\u201d Oral presentation at the 2013 Academy Health Child Health Services Research Interest Group Meeting. Baltimore, MD: June. Lavarreda SA, Snyder S, Kominski G, and Ponce (2013). \u201cUninsured Children in Immigrant Families: Left Behind by Health Care Reform in the United States?\u201d Oral presentation at the 5th Annual International Jerusalem Conference on Health Policy. Jerusalem, Israel: June. Lavarreda and Snyder (2012). \u201cThe Impact of the Great Recession on the Uninsured Population in California.\u201d Oral presentation at the American Public Health Association Annual Meeting. San Francisco, CA: October. Lavarreda (2011). \u201cMeasuring Immigration Status Among Children in Immigrant Families to Assess Their Health Insurance Status and Public Program Eligibility.\u201d Invited oral presentation at the National Children\u2019s Survey planning symposium. Bethesda, MD: December. Lavarreda SA, Cabezas L, Roby DH, and Brown (2011). \u201c12-Month Continuous Eligibility in Medicaid: Impact on Service Utilization.\u201d Oral presentation at the Academy Health Annual Research Meeting. Seattle, WA: June. Lavarreda SA, Brown and Boldoc (2011). \u201cUnderinsurance in the United States: An Interaction of Costs to Consumers, Benefit Design, and Access to Care.\u201d Poster presentation at the Academy Health Annual Research Meeting. Seattle, WA: June. Lavarreda and Cabezas (2011). \u201cLack of Access to Job-Based Coverage: Which Populations are Most Affected?\u201d Poster presentation at the Academy Health Annual Research Meeting. Seattle, WA: June. Lavarreda and Cabezas (2010). \u201cFewer Dropped Connections for Low Income Children: The Impact of One E-App on Having a Usual Source of Care.\u201d Poster presentation at the Annual Meeting. Denver, CO: November. Lavarreda SA, Chia YJ, Roby DH, Cabezas L, and Lin (2010). \u201cThe Impact of Unemployment on Insurance Coverage in California.\u201d Oral presentation at the Joint Statistical Meeting. Vancouver, BC, Canada: August. Lavarreda (2010). \u201cThe Impact of Federal Reform in California.\u201d Panel discussion at the Insure the Uninsured Project Annual Meeting. Sacramento, CA: February Department of Health Science 72 Lavarreda (2009). \u201cDiscontinuous Public Health Insurance among Low-Income Children & the Causal Link with Access to Physician Services: An Instrumental Variables Analysis.\u201d Poster presentation at the Academy Health Annual Research Meeting. Chicago, IL: June. Lavarreda SA, Brown ER, Kronick R, Ponce N, Kincheloe JK, and Peckham (2009). Testimony, California Assembly Health Committee hearing on health insurance reform in California. Sacramento, CA: March. Lavarreda and Peckham (2008). \u201cDiscontinuous Medi-Cal and Healthy Families and its Impact on Low- Income Children\u2019s Access to Care.\u201d Oral presentation at the American Public Health Association Annual Meeting. San Diego, CA: October. Lavarreda SA, Gatchell M, Ponce N, Brown ER, and Chia (2008). \u201cDiscontinuous Health Insurance and Its Effects on Access to Physician Services.\u201d Poster presentation at the Academy Health Annual Research Meeting. Washington, DC: June. Cummings J, Lavarreda SA, Brown ER, and Rice (2008). \u201cThe Effects of Varying Spells of Uninsurance on Children\u2019s Access to Health Care.\u201d Oral presentation at the Academy Health Annual Research Meeting. Washington, DC: June. Listed as one of 2008 Most Outstanding Abstracts. Lavarreda (2008). \u201cHealth Insurance of Low-Income Workers in California.\u201d Presented at the American Cancer Society meeting. Sacramento, CA: January. Brown and Lavarreda (2007). \u201cThe State of the State Children\u2019s Health Insurance Program.\u201d Invited presentation at the American Public Health Association Annual Meeting. Washington, DC: November. Lavarreda (2007). \u201cData from the California Artists\u2019 Health Insurance Survey.\u201d Presented at the Leveraging Investments in Creativity national meeting. Seattle, WA, September. Lavarreda (2007). \u201cDiscontinuous Medi-Cal and Healthy Families and the Effects on Access to Physician Services.\u201d Oral presentation at the Academy Health Annual Research Meeting. Orlando, FL: June. Lavarreda SA, Gatchell M, Ponce N, Brown ER, and Chia (2006). \u201cSwitching Health Insurance and the Effects on Access to Physician Services.\u201d Oral presentation at the American Public Health Association Annual Meeting. Boston, MA: November. Lavarreda SA, Brown ER, Rice T, Gatchell M, and Kincheloe (2005). \u201cChurning in California\u2019s Medicaid and programs from 2001 to 2003.\u201d Oral presentation at the American Public Health Association Annual Meeting. Philadelphia, PA: December. Brown and Lavarreda (2005). \u201cData from the National Health Care Survey.\u201d Presented at the Actor\u2019s Fund of America and Performer\u2019s Health Care Council meeting, November. Lavarreda (2005). \u201cThe State of Health Insurance and Access to Care in California: Data from the 2003 California Health Interview Survey.\u201d Presented at the American Cancer Society meeting. Oakland, CA, July. Ponce N, Brown ER, Rice T, and Lavarreda (2005). \u201cWhy Do Fewer Californians Have Job- Based Health Insurance?\u201d Oral presentation at the Academy Health Annual Meeting. Boston, MA, June. Lavarreda (2005). \u201cThe State of Health Insurance in California: Regional Data from the 2003 California Health Interview Survey.\u201d Presented at the California County Local Health Officers meeting. Riverside, CA, May. Brown ER, Andersen RM, Gelberg L, Bindman AB, Meng YY, Lavarreda SA, Becerra L, Gatchell (2003). \u201cAccess To Care Among Nonelderly With Consistent or Intermittent Medicaid and Coverage In California.\u201d Poster presentation at the American Public Health Association Annual Research Meeting. San Francisco, CA, November. Bindman AB, Andersen R, Gelberg L, Meng YY, Lavarreda SA, Becerra L, Yoon J, Brown (2003 Department of Health Science 73 \u201cCommunity Variation in Resources and Low Income Residents\u2019 Perceptions of Access to Care in California.\u201d Oral presentation at the Academy Health Annual Research Meeting. Nashville, TN, June. Brown ER, Lavarreda SA, Meng YY, Andersen R, Bindman A, Gelberg L, Becerra L, Gatchell M, Yoon (2003). \u201cAccess to Physicians among California\u2019s Medicaid and Enrollees.\u201d Poster presentation at the Academy Health Annual Research Meeting. Nashville, TN, June. Lavarreda (2002). \u201cWhat Increases Enrollment: Outreach and Reducing Barriers, Not Administrative Method.\u201d Oral presentation at the American Public Health Association Annual Meeting. Philadelphia, PA, November. Brown ER, Rice T, Ponce NA, and Lavarreda (2002). \u201cRacial/Ethnic Disparities In Health Insurance Coverage And Uninsurance: Results From The 2001 California Health Interview Survey.\u201d Oral presentation at the American Public Health Association Annual Meeting. Philadelphia, PA, November. Ponce NA, DiSogra C, Lavarreda SA, Yen W, Satter D, and Brown (2002). \u201cCalifornia Health Interview Survey: Cultural And Linguistic Adaptation Of Population-Based Survey For California\u2019s Multi-Ethnic Population\u201d Oral presentation at the American Public Health Association Annual Meeting. Philadelphia, PA, November. Legislative Analyses California Health Benefits Review Program (2015). Analysis of Assembly Bill 623: Abuse-deterrent Opioid Analgesics Report to the 2015-2016 California Legislature. Oakland: California Health Benefits Review Program, May 2015 Charles authored the cost impact analysis section. California Health Benefits Review Program (2015). Analysis of Assembly Bill 374: Step Therapy Coverage Report to the 2015-2016 California Legislature. Oakland: California Health Benefits Review Program, April 2015 Charles authored the cost impact analysis section. California Health Benefits Review Program (2015). Analysis of Assembly Bill 1305: Cost Sharing, Family Health Coverage Report to the 2015-2016 California Legislature. Oakland: California Health Benefits Review Program, April 2015 Charles authored the cost impact analysis section. California Health Benefits Review Program (2014). Analysis of Senate Bill 1239: Pupil Health Care, School Nurses Report to the 2014-2015 California Legislature. Oakland: California Health Benefits Review Program, June 2014 Lavarreda authored the cost impact analysis section. California Health Benefits Review Program (2013). Analysis of Senate Bill 799: Colorectal Cancer Genetic Testing and Screening Report to the 2013-2014 California Legislature. Oakland: California Health Benefits Review Program, June 2013 Lavarreda authored the cost impact analysis section. California Health Benefits Review Program (2013). Analysis of Senate Bill 320: Acquired Brain Injury Report to the 2013-2014 California Legislature. Oakland: California Health Benefits Review Program, April 2013 Lavarreda authored the cost impact analysis section. California Health Benefits Review Program (2013). Analysis of Senate Bill 189: Wellness Programs Report to the 2012-2013 California Legislature. Oakland: California Health Benefits Review Program, April 2013 Lavarreda authored the cost impact analysis section. California Health Benefits Review Program (2012). Issue Brief: Mammography Mandates, Benchmark Plan Choices, and Essential Health Benefits. Oakland: California Health Benefits Review Program, June 2012 Lavarreda authored the cost impact analysis section Department of Health Science 74 California Health Benefits Review Program (2012). Analysis of Assembly Bill 2064: Immunizations for Children Report to the 2011-2012 California Legislature. Oakland: California Health Benefits Review Program, April 2012 Lavarreda authored the cost impact analysis section. California Health Benefits Review Program (2011). Analysis of Assembly Bill 428: Fertility Preservation Report to the 2010-2011 California Legislature. Oakland: California Health Benefits Review Program, April 2011 Lavarreda authored the cost impact analysis section. California Health Benefits Review Program (2011). Analysis of Senate Bill 136: Tobacco Cessation Report to the 2010-2011 California Legislature. Oakland: California Health Benefits Review Program, April 2011 Lavarreda authored the cost impact analysis section. California Health Benefits Review Program (2010). Analysis of Senate Bill 220: Tobacco Cessation Services Report to the 2009-2010 California Legislature. Oakland: California Health Benefits Review Program, June 2010 Lavarreda co-authored the cost impact analysis section with Meng. California Health Benefits Review Program (2010). Analysis of Assembly Bill 1904: Out-of-State Carriers Report to the 2009-2010 California Legislature. Oakland: California Health Benefits Review Program, April 2010 Lavarreda co-authored the cost impact analysis section with Babad and Kaplan. California Health Benefits Review Program (2010). Analysis of Assembly Bill 1600: Mental Health Services Report to the 2009-2010 California Legislature. Oakland: California Health Benefits Review Program, March 2010 Lavarreda co-authored the cost impact analysis section with Kaplan. Awards 2009 Dean\u2019s Outstanding Student Award School of Public Health) 2009 Certificate for Excellence in Teaching Public Health Students Association) 2008 \u2013 2009 University Fellowship Regents) 2008 Academy Health Annual Research Meeting, 2008 Most Outstanding Abstracts 2007 \u2013 2008 Graduate Research Mentorship Regents) 2007 \u2013 2008 Charles F. Scott Fellowship Regents) 2005 \u2013 2007 Fellowship Agency for Healthcare Research & Quality) 2001 Award for Academic Excellence Department of Public Policy) 1999 \u2013 2001 Charles F. Scott Fellowship Regents) 1997 Graduated summa cum laude 1993 \u2013 1997 Community Service Regents Scholarship Regents) Board Member Children\u2019s Health Initiative of Los Angeles County Advisory Board West Los Angeles Workgroup, Insure the Uninsured Project Advisory Board, Women\u2019s League of Adat Shalom Conference Organizer Coachella Valley Healthcare Initiative 1st Annual Meeting, Expanding Employment-Based Health Insurance in California, Senate Bill 2 \u2013 Issues and Options Care Community Education Forum on Propositions 1D and 1E, New America Foundation Health/Wealth Connection Symposium Department of Health Science 75 Doctoral Committees Methodology Member, Nancy Runton, \u201cChange in Youth Risk Behaviors: Impact of School-Based Health Centers on Secondary School Students.\u201d Media News America; \u201cThe Capitol Report Evening News; China News Network; CNN-Money; The Jewish Journal 740 San Francisco 89.9 Los Angeles \u201cWhich Way 980 Los Angeles \u201cMoney 101 1070 Los Angeles 89.1 San Diego 89.3 Los Angeles, \u201cAir Talk\u201d, \u201cThe Pat Morrison Show\u201d; Los Angeles Times Nightly News with Brian Williams; New York Times; Pic.tv, \u201cThe Kitchen Table\u201d; Politico.com; \u201cPress for Democracy\u201d on Free Speech TV; Sacramento Bee; San Diego Union-Tribune; U.S. News & World Report; The Wall Street Journal; Zocalo Public Square Memberships Academy Health, American Public Health Association Reviewer American Journal of Managed Care, American Journal of Public Health, American Public Health Association Annual Meeting Section), Health Affairs, Annals of Internal Medicine, Health Services Research, Health Sociology Review, Journal of Immigrant and Minority Health, Institute of Medicine Essential Health Benefits Committee , Los Angeles Department of Health Services, Medical Care Research and Review, Preventing Chronic Disease California Policy Research Center, World Congress 2nd Annual Health Care Reform Congress on Health Insurance Exchanges Department of Health Science 76 Curriculum Vitae Department of Health Science California State University, Fullerton 800 N. State College Boulevard, Fullerton 92834-6870 Phone: (657) 278-7671; Email: [email protected] Education Degrees 2001-2005 University of California, Ph.D. Los Angeles Public Health Department of Community Minor Field: Sociocultural Anthropology Health Sciences 1999-2001 University of California, M.P.H. Los Angeles Public Health Department of Community Specialization: Sociocultural Aspects of Health Sciences Health 1990-1994 University of California, B.A. Los Angeles Japanese Department of East Asian Languages and Cultures Other Education 2005-2007 University of California, Postdoctoral Fellowship in San Francisco Prevention Studies 2003-2004 Kyoto University (Japan) Graduate Fellowship in Sociocultural Anthropology 2000 Yokohama National Internship in Community Health University (Japan) Sciences Subfields and Areas of Interest Social science of medicine, interface of ethnography and epidemiology, HIV, sexually transmitted infections, violence, abuse, suicidality, non-suicidal self-harm, syndemics, global health, East and Southeast Asia Department of Health Science 77 Principal Positions Held 2013 - present California State University, Fullerton Associate Professor Department of Health Science 2013 Kyoto University Visiting Researcher Institute for Research in Humanities 2007- 2013 California State University, Fullerton Assistant Professor Department of Health Science 2006 California State University, East Bay Lecturer Department of Biological Sciences Peer-Reviewed Publications Li, M.J., DiStefano, A.S., Mouttapa, M., & Gill, J.K. (2014). Bias-motivated bullying and psychosocial problems: Implications for risk behaviors among young men who have sex with men Care, 26(2), 246-256. DOI:10.1080/09540121.2013.811210 DiStefano, A.S., Gill, J.K., Hubach, R.D., Cayetano, R.T., & Hilbert, C.J. (2014 testing in an ethnically diverse sample of American university students: Associations with violence/abuse and covariates. Journal of Behavioral Medicine, 37(5), 1030-1046. DOI: 10.1007/s10865-013- 9540-7 DiStefano, A.S., Quitugua, L.F., Hui, B., Barrera-Ng, A., Peters. R., Vunileva, I., Dimaculangan, J., Tui\u2019one, V., Takahashi, L.M., & Tanjasiri, S.P. (2013 Community based participatory research study on and risk and prevention in two Pacific Islander communities: Ethical challenges and collaborative solutions. Journal of Empirical Research on Human Research Ethics, 8(1), 68-78. Hubach, R.D., DiStefano, A.S., & Wood, M.M. (2012). Understanding the influence of loneliness on risk behavior in young men who have sex with men. Journal of Gay & Lesbian Social Services, 24(4), 371-395. DiStefano, A.S., Hui, B., Barrera-Ng., A., Quitugua, L.F., Peters, R., Dimaculangan, J., Vunileva, I., Tui\u2019one, V., Takahashi, L.M., & Tanjasiri, S.P. (2012). Contextualization of and risk and prevention among Pacific Islander young adults in Southern California. Social Science & Medicine, 75(4), 699-708. DiStefano, A.S., & Hubach, R.D. (2011). Addressing the intersections of violence and qualitative study of service providers. Violence and Victims, 26(1), 33-52 Department of Health Science 78 DiStefano, A.S., & Cayetano, R.T. (2011). Health care and social service providers' observations on the intersection of and violence among their clients and patients. Qualitative Health Research, 21(7), 884-899. DiStefano, A.S. (2009). Intimate partner violence among sexual minorities in Japan: Exploring perceptions and experiences. Journal of Homosexuality, 56(2), 121-146. DiStefano, A.S. (2008). Suicidality and self-harm among sexual minorities in Japan. Qualitative Health Research. 18(10), 1429-1441. DiStefano, A.S., & Matsuishi, T. (2000). Experiences in Yokohama as a researcher of sociocultural aspects of public health. Journal of Disability and Medico-Pedagogy, 2, 912. DiStefano, A.S. (2000 brief summary of public health in the United States. Journal of Disability and Medico-Pedagogy, 2, 6-8. Matsuishi, T., Toth, G., DiStefano, A.S., & Matsumori, K. (2000). Developmental neurology and neuro-pedagogy -psychomotor therapy based on sensorimotor development. Journal of Disability and Medico-Pedagogy, 2, 1-5. Manuscripts and Book Chapters Submitted DiStefano, A.S. (2015). HIV\u2019s syndemic links with mental health, substance use, and violence in an environment of stigma and disparities in Japan. Peer-reviewed journal manuscript submitted for publication. DiStefano, A.S. (2015). \u65e5\u672c\u306e\u90fd\u5e02\u90e8\u306b\u304a\u3051\u308b HIV\uff1a\u30b7\u30f3\u30c7\u30df\u30af\u30b9\u30d5\u30ec\u30fc\u30e0\u30ef\u30fc\u30af \u3092\u4f7f\u7528\u3057\u3066\u6c11\u65cf\u5b66\u5206\u6790 in urban Japan: Ethnographic analysis using a syndemics framework] (Japanese). Book chapter submitted for publication. Murray, J.K., DiStefano, A.S., Yang, J.S., & Wood, M.M. (2015). Displacement and HIV: Factors influencing antiretroviral therapy use among ethnic Shan migrants in Northern Thailand. Peer-reviewed journal manuscript submitted for publication. Manuscripts in Preparation (Peer-Reviewed) DiStefano, A.S. Surveillance puzzles, ethnographic explanations, and factors shaping epidemics in Japan. Manuscript in preparation. DiStefano, A.S. Current use and perceptions of post-exposure prophylaxis and preexposure prophylaxis in Japan. Manuscript in preparation. Research and Evaluation Reports (Unrefereed Department of Health Science 79 DiStefano, A.S. (2015). \u65e5\u672c\u306b\u304a\u3051\u308b \u3068\u4ed6\u306e\u793e\u4f1a\u7684\u3084\u5065\u5eb7\u9762\u3067\u306e\u554f\u984c\u3068\u306e\u4ea4\u5dee\uff1a 2013 \u5e74\u306e\u8abf\u67fb\u306e\u30ec\u30dd\u30fc\u30c8. [The intersection of and other social and health problems in Japan: 2013 research study report]. (Japanese). California State University, Fullerton. DiStefano, A.S., & Cayetano, R.T. (2009). Violence, HIV/AIDS, & sexually transmitted infections: Results of Wave 1 data collection of the study. California State University, Fullerton. Kagawa-Singer, M., DiStefano, A.S., Wichianson-Santillano, P., & Nguyen, H. (2008). Final report on evaluation of the Asian Pacific Partners for Empowerment and Leadership\u2019s (APPEAL) community stages of readiness model for tobacco control in Asian American /Pacific Islander (AAPI) communities. University of California, Los Angeles & California State University, Fullerton. DiStefano, A.S. (2006). Report on violence involving sexual minorities in Japan: Summary and recommendations from the study: 2003-2004 (English version). Institute for Global Health (now called Prevention & Public Health Group, Global Health Sciences), University of California, San Francisco. DiStefano, A.S., & Onizuka, N. (2006).\u65e5\u672c\u306e\u30bb\u30af\u30b7\u30e3\u30eb\u30de\u30a4\u30ce\u30ea\u30c6\u30a3\u30fc\u306b\u95a2\u3059\u308b\u66b4\u529b\u306e \u7814\u7a76\u5831\u544a\uff1a2003-2004 \u8abf\u67fb\u306b\u57fa\u3065\u304f\u307e\u3068\u3081\u3068\u52e7\u3081 (Japanese version of \u201cReport on violence involving sexual minorities in Japan: Summary and recommendations from the study: 2003-2004\u201d). Institute for Global Health (now called Prevention & Public Health Group, Global Health Sciences), University of California, San Francisco. Presentations and Lectures Peer-Reviewed DiStefano, A.S., & Kurimoto, A. (2015, November). Current use and perceptions of post- exposure prophylaxis and pre-exposure prophylaxis in Japan. Oral presentation accepted for the 143rd American Public Health Association Annual Meeting, Chicago, IL. DiStefano, A.S., & Takeda, M. (2014, November). Local contexts of in Japan: Explaining the epidemiology with ethnography. Roundtable presentation at the 142nd American Public Health Association Annual Meeting, New Orleans, LA. DiStefano, A.S. (2014, November). Development, implementation, and assessment of a transdisciplinary course to train future members of the workforce. Poster presentation at the 142nd American Public Health Association Annual Meeting, New Orleans, LA. Murray, J.K., DiStefano, A.S., Yang, J.S., & Wood, M.M. (2014, November Department of Health Science 80 Geographic displacement, stigma, and uptake: Perspectives from ethnic Shan\u2013 Burmese migrants and healthcare professionals in Northern Thailand. Oral presentation at the 142nd American Public Health Association Annual Meeting, New Orleans, LA. Li, M.J., & DiStefano, A.S. (2013, November). Experience of bias-motivated bullying and psychosocial problems: Correlates of risk behaviors in emerging and young adult men who have sex with men. Poster presentation at the 141st American Public Health Association Annual Meeting, Boston, MA. Hubach, R.D., DiStefano, A.S., & Wood, M.M. (2012, November). Loneliness and the Internet vehicle for sex and dating among a sample of YMSM. Oral presentation at the 2012 Annual Meeting of the Society for the Scientific Study of Sexuality, Tampa, Florida. DiStefano, A.S., Gill, J.K., Hubach, R.D., Cayetano, R.T., & Hilbert, C.J. (2012, October). Factors associated with testing among undergraduate university students. Oral presentation at the American Public Health Association 140th Annual Meeting, San Francisco, CA. Hubach, R.D., DiStefano, A.S., & Wood, M.M. (2012, October). Understanding the influence of loneliness on risk behaviors among a sample of young men who have sex with men grounded theory approach. Oral presentation at the American Public Health Association 140th Annual Meeting, San Francisco, CA. Li, M.J., DiStefano, A.S., Gill, J.K., & Mouttapa, M. (2012, September). Experience of bias- motivated bullying, psychosocial problems, and risk behaviors among emerging and young adult men who have sex with men. Oral presentation at the 30th Annual Conference of the Gay and Lesbian Medical Association, San Francisco, CA. Hubach, R.D., DiStefano, A.S., & Wood, M.M. (2012, May). Loneliness and its relationship to sexual partner seeking among a sample of young MSM. Oral presentation at the 2012 Eastern/Midcontinent Regions Joint Meeting of the Society for the Scientific Study of Sexuality, Bloomington, IN. Hubach, R.D., Mullinax, M., Schnarrs, P.W., DiStefano, A.S., & Reece, M. (2011, November). The Model of Perpetual Loneliness and risk behavior: Scale development and empirical testing. Poster session presented at the 2011 Annual Meeting of the Society for the Scientific Study of Sexuality, Houston, TX. DiStefano, A.S., Peters, R., Tui`one, V., Takahashi, L.M., Sablan-Santos, L., Quitugua, L.F., Quenga, J., Hui, B., Barrera-Ng, A., Aromin, J., Dimaculangan, J., Vunileva, I., & Tanjasiri, S.P. (2011, September). Strengthening collaboration between Pacific Islander community and academic research partners. Poster session presented at the Department of Health Science 81 Fourth Annual American Association for Cancer Research (AACR) Conference on the Science of Cancer Health Disparities in Racial/Ethnic Minorities and the Medically Underserved, Washington, DC. DiStefano, A.S., Peters, R., Tui`one, V., Takahashi, L.M., Sablan-Santos, L., Quitugua, L.F., Quenga, J., Hui, B., Barrera-Ng, A., Aromin, J., Dimaculangan, J., Vunileva, I., & Tanjasiri, S.P. (2011, September and risk and prevention factors among Tongan and Chamorro young adults in Southern California qualitative assessment. Poster session presented at the Fourth Annual American Association for Cancer Research (AACR) Conference on the Science of Cancer Health Disparities in Racial/Ethnic Minorities and the Medically Underserved, Washington, DC. DiStefano, A.S., Peters, R., Tui`one, V., Takahashi, L.M., Sablan-Santos, L., Quitugua, L.F., Quenga, J., Hui, B., Barrera-Ng, A., Aromin, J., Dimaculangan, J., Vunileva, I., & Tanjasiri, S.P. (2011, July). Strengthening collaboration between Pacific Islander community and academic research partners. Poster session presented at the Cancer Health Disparities Program Meetings, National Cancer Institute, National Institutes of Health, Bethesda, Maryland. DiStefano, A.S., Peters, R., Tui`one, V., Takahashi, L.M., Sablan-Santos, L., Quitugua, L.F., Quenga, J., Hui, B., Barrera-Ng, A., Aromin, J., Dimaculangan, J., Vunileva, I., & Tanjasiri, S.P. (2011, July and risk and prevention factors among Tongan and Chamorro young adults in Southern California qualitative assessment. Poster session presented at the Cancer Health Disparities Program Meetings, National Cancer Institute, National Institutes of Health, Bethesda, Maryland. DiStefano, A.S., Hui, B., Vunileva, I., Tui\u2019one, V., Takahashi, L.M., Sablan-Santos, L., Quitugua, L.F., Quenga, J., Peters-Pak, R., Dimaculangan, J., Barrera-Ng, A., Aromin, J., & Tanjasiri, S. (2010, November). Factors influencing and risk and prevention among Tongan and Chamorro young adults in Southern California. Oral presentation at the American Public Health Association 138th Annual Meeting, Denver, CO. DiStefano, A.S., Quitugua, L.F., Aromin, J., Barrera-Ng, A., Dimaculangan, J., Hui, B., Peters-Pak, R., Quenga, J., Sablan-Santos, L., Takhashi, L.M., Tui\u2019one, V, Vunileva, I., & Tanjasiri, S.P. (2010, November). Enhancing social justice in research: Building an effective collaboration between two Pacific Islander community partners and a university research team. Oral presentation at the American Public Health Association 138th Annual Meeting, Denver, CO. Alano, R., Srinivasan, C., Wiwatanadate, P., Boontuan, K., & DiStefano, A.S. (2010, March). Pesticide use among farmers in Mae Tha, Thailand: Perceptions of health risk as a determinant of practice. Poster session presented at the Pan American Health Care Exchanges Conference, Lima, Peru Department of Health Science 82 Alano, R., Srinivasan, C., Tolmasky, M., Wiwatanadate, P., Boontuan, K., & DiStefano, A.S. (2010, January). Pesticide use among farmers in Mae Tha, Thailand: Perceived health risks as a means to shifting practice. Poster session presented at the 22nd Annual Biotechnology Symposium. Santa Clarita, CA. DiStefano, A.S., & Cayetano, R.T. (2009, October). Sexual minority university students, violence, HIV/AIDS, and other sexually transmitted infections: Findings from a crosssectional study in California. Oral presentation at the 27th Annual Conference of the Gay and Lesbian Medical Association, Washington, D.C. DiStefano, A.S. (2008, November). Using interviews with providers to increase the efficiency and explanatory power of qualitative studies of violence. Oral presentation at the American Public Health Association 136th Annual Meeting, San Diego, CA. DiStefano, A.S. (2008, October). Syndemics theory: Implications for prevention and treatment of health problems in sexual minority populations. Oral presentation at the 26th Annual Conference of the Gay and Lesbian Medical Association, Seattle, WA. DiStefano, A.S. (2007, November). HIV/AIDS-violence syndemic: Perceptions and experiences of health care and social service providers in the San Francisco Bay Area. Oral presentation at the American Public Health Association 135th Annual Meeting, Washington, DC. DiStefano, A.S. (2007, March). Suicidality & self harm among sexual minorities in Japan. Paper presented at the 78th Annual Meeting of the Pacific Sociological Association, Oakland, CA. DiStefano, A.S. (2006, November). Stigma, discrimination, and mental health of sexual minorities in Japan. Poster session presented at the American Public Health Association 134th Annual Meeting, Boston, MA. DiStefano, A.S. (2006, October). Addressing the intersection of and violence: What is being done? Oral presentation at the 24th Annual Conference of the Gay and Lesbian Medical Association, San Francisco, CA. DiStefano, A.S. (2005, November). Violence and self-harm among people in Japan. Oral presentation at the American Public Health Association 133rd Annual Meeting, Philadelphia, PA. DiStefano, A.S. (2005, June). Violence involving sexual minorities in Japan: Findings from an ethnographic study. Paper presented at the 4th Annual Hawaii International Conference on Social Sciences, Honolulu, HI. DiStefano, A.S. (2004, October). Violence as a public health issue for people in Japan. Oral presentation at the 23rd Annual Conference of the Gay and Lesbian Medical Association, Palm Springs Department of Health Science 83 DiStefano, A.S. (2004, October). Violence involving sexual minorities in Japan: Preliminary findings from an ethnographic study. Paper presented at the QGrad: Graduate Student Conference on Sexuality and Gender, Los Angeles, CA. Invited DiStefano, A.S. (2013, June). \u5730\u57df\u53c2\u52a0\u578b\u7814\u7a76: \u57fa\u790e\u3001\u539f\u5247\u3001\u304a\u3088\u3073\u30de\u30a4\u30ce\u30ea\u30c6\u30a3\u30b3 \u30df\u30e5\u30cb\u30c6\u30a3\u3067\u306e\u5fdc\u7528 (Community Based Participatory Research: Foundations, principles, and application in minority communities). Invited lecture (Japanese) at the Research Group on Racial Representations, Kyoto University, Japan. DiStefano, A.S. (2013, May). \u30b7\u30f3\u30c7\u30df\u30af\u30b9\uff1a\u7406\u8ad6\u3068\u65e5\u672c\u306b\u304a\u3051\u308b \u3068\u66b4\u529b/\u8650\u5f85 \u306b\u95a2\u3059\u308b\u7814\u7a76\u3078\u306e\u5fdc\u7528 (Syndemics: Theory and application to research on and violence/abuse in Japan). Invited paper presentation (Japanese) at the Cross-Disciplinary Research Group on Trauma and Memory, Kyoto University, Japan. DiStefano, A.S. (2013, May and violence/abuse in Japan: Background, methods, and preliminary findings. Invited paper presentation at the Kyoto University/Tokyo Gakugei University International Symposium on Sexuality, Trauma, and Suffering. Kyoto, Japan. DiStefano, A.S. (2012, October Section strategic plan: 2012-2014. Invited presentation at the section business meeting, American Public Health Association 140th Annual Meeting, San Francisco, CA. DiStefano, A.S. (2007, October). HIV/AIDS-violence syndemic: Perceptions and experiences of health care and social service providers in the San Francisco Bay Area. Invited lecture at the Center for Prevention Studies Town Hall series, University of California, San Francisco. DiStefano, A.S. (2007, March). Violence and HIV/AIDS: An overview of the connections. Invited lecture at San Francisco State University, Department of Human Sexuality Studies. DiStefano, A.S. (2006, July). Violence and HIV/AIDS: An overview of the connections. Invited lecture at University of California, San Francisco, Department of Medicine. DiStefano, A.S. (2006, March). The many faces of violence: Implications for prevention and care. Invited lecture at the University of Hawaii, College of Continuing Education & Community Service, Hilo, Hawaii. DiStefano, A.S. (2004, July). Exploring violence among sexual minorities in Japan: Preliminary results. Invited lecture at the Kyoto University Research in Anthropology series, Kyoto, Japan Department of Health Science 84 Authored Tutorials and Guidelines (Invited) DiStefano, A.S. (2014). Qualitative data. Online tutorial for health department and community based organization employees. California-Nevada Public Health Training Center. DiStefano, A.S. (2012). Guidelines for qualitative manuscripts. Document for authors submitting qualitative research manuscripts to the Californian Journal of Health Promotion. Other Authored Documents Aldridge, C. & DiStefano, A.S. (2012). American Public Health Association Section strategic plan. Final plan for the restructuring and activities of APHA\u2019s Section, 2012 \u2013 2015. Research Support and Other Competitive Funding Completed - Extramural 2009-2014: Los Angeles Basin Minority Health & Health Disparities International Research Training Program National Center on Minority Health and Health Disparities, National Institutes of Health Minority Health & Health Disparities International Research Training (T37) ($1,207,620) Principal Investigator: Marcelo Tolmasky, Ph.D. Role: Co-Investigator 2012-2013: Sexual Minority Violence in Japan: Syndemic Intersections and the Policies and Practices in Current Use to Address Them Bureau of Educational and Cultural Affairs, United States Department of State Fulbright Scholar Award (Research) ($44,507) Role: Principal Investigator 2009-2010: Research on HIV/AIDS-Related Cancers Among Racial/Ethnic Minority and Underserved Persons in the U.S.: Intersection between and among Pacific Islanders Center to Reduce Cancer Health Disparities, National Cancer Institute, National Institutes of Health Competitive Administrative Supplement Grant 3U01CA114591-05S2 ($175,000) Principal Investigator on Parent Grant: Sora Tanjasiri, DrPH Role: Co-Investigator 2006-2008: National Network for Tobacco Control and Prevention Association of Asian Pacific Community Health Organizations (AAPCHO) & Asian Pacific Partners for Empowerment, Advocacy and Leadership (APPEAL) Centers for Disease Control and Prevention #UIA/DP000546-01 ($374,927) Principal Investigator: Rod Lew Department of Health Science 85 Role: Program Evaluator (Subcontract) 2005-2007: Traineeship in Prevention Studies University of California, San Francisco, Center for Prevention Studies National Institute of Mental Health (NIMH) 5 T32 019105-17 Principal Investigator: Susan Kegeles, Ph.D. Role: Postdoctoral Research Fellow 2003-2004: Violence Involving Persons in Japan Japanese Government Ministry of Education, Science and Technology (Monbukagakusho) Graduate Student Research Grant ($22,000) Role: Principal Investigator Completed \u2013 Intramural 2014-2015: Intersections of and Violence in Japan, Phase II: Data Processing, Analysis, and Dissemination State of California, Junior Intramural Research Award ($2,500 + 3 weighted teaching units [WTUs] of course release time) Role: Principal Investigator 2012 (Spring Semester): Transforming a Backlog of Primary Public Health Data and Unfinished Manuscripts into Submitted and Published Articles Milton A. Gordon Fund for Scholarly & Creative Activities California State University, Fullerton (3 weighted teaching units [WTUs] of course release time) Role: Faculty engaged in scholarship supported by competitive release time award 2009-2010: Transdisciplinary Perspectives on Faculty Development Center, California State University, Fullerton Faculty Enhancement and Instructional Development Grant (3 weighted teaching units [WTUs] of course release time) Role: Developer of new academic course 2008-2009: Violence, HIV/AIDS, and Other Sexually Transmitted Infections Among Undergraduate Students State of California, State Special Fund Mini-Grant and Junior Award (California State University, Fullerton Intramural Grant; $5,000 + 3 weighted teaching units [WTUs] of course release time) Role: Principal Investigator 2007-2008: Probationary Faculty Stipend Office of the Vice President for Academic Affairs, California State University, Fullerton ($6,500) Role: Faculty engaged in scholarship supported by competitive stipend Department of Health Science 86 2006: Addressing the Intersection of and Violence: Perspectives and Experiences of Service Providers Innovative Pilot Award University of California, San Francisco Center for Prevention Studies ($18,900). Role: Principal Investigator Courses Taught 2007- present: California State University, Fullerton (CSUF) Department of Health Science: \u2022 Transdisciplinary Perspectives on 480): Course that introduced to the department examining the pandemic from the perspective of several disciplines within an overarching public health context. Analysis at the levels of individuals and physical, social-structural, and cultural environments. \u2022 Health Science Planning, Research, and Evaluation 475): Course focusing on qualitative and quantitative research methods applicable to health fields. \u2022 Epidemiology 401): Course on epidemiology and its application to the prevention and control of health problems. 2006: California State University, East Bay, Department of Biological Sciences: Taught Epidemiology (Biol Sci 3410). 2005 Department of Community Health Sciences (CHS) and Department of Anthropology: Teaching Assistant for Qualitative Research Methodology M216/Anthropology M284). 2002 - 2003 Department of Community Health Sciences: Teaching Assistant for Community Health Sciences 210). Past Research and Evaluation Work 2006 - 2008: Program Evaluator: National Network for Tobacco Control and Prevention, a CDC-funded national tobacco cessation program. Association of Asian Pacific Community Health Organizations (AAPCHO) & Asian Pacific Partners for Empowerment, Advocacy and Leadership (APPEAL), Oakland, CA. 2002 - 2005: Graduate Student Researcher Department of Community Health Sciences. 2001 - 2002: Data Analyst Center for Community Health/Neuropsychiatric Institute. 1999 - 2001: Research Assistant, Center for Behavioral Research & Services and Department of Psychology, California State University, Long Beach Department of Health Science 87 Service Service to the Profession Professional Organizations 11/2015: Scientific session moderator and Men Who Have Sex with Men session Section, American Public Health Association 143rd Annual Meeting, Chicago, IL. 2014 - present: Governing Councilor (elected Section representative to the Governing Council, American Public Health Association. 2012 - 2015: Section Councilor (elected Section, American Public Health Association. 2009 - present: Abstract reviewer Section, American Public Health Association Annual Meeting. 2011- 2014: Co-Chair, Strategic Planning Committee Section, American Public Health Association (member of committee since 2010). 11/2013: Exposition booth Section, 141st American Public Health Association Annual Meeting, Boston, MA. 2012: Proxy Governing Councilor (appointed Section representative to the Governing Council, American Public Health Association. 10/2012: Scientific session moderator. Integrated approaches to prevention and treatment session Section, American Public Health Association 140th Annual Meeting, San Francisco, CA. 11/2011: Scientific session moderator. Gender, sexual health session Section, American Public Health Association 139th Annual Meeting, Washington, DC. 2008: Abstract reviewer, Family Violence Forum, American Public Health Association Annual Meeting. 6/2005: Session Chair, Anthropology session. 4th Annual Hawaii International Conference on Social Sciences, Honolulu, HI. Section Editor and Referee for Peer-Reviewed Journals 2008 - 2015 Section Editor, Californian Journal of Health Promotion Department of Health Science 88 2015: Peer reviewer, Sexually Transmitted Infections 2014: Peer reviewer, Journal of Family Studies 2013: Peer reviewer, Social Science & Medicine 2011: Peer reviewer, Journal of Homosexuality 2011-2012: Peer reviewer, Californian Journal of Health Promotion 2009; 2005: Peer reviewer and Behavior 2006: Peer reviewer Care Professional Service to Research and Educational Institutions other than 5/2014: Consultation on teaching research methods and evaluation with adjunct faculty, Western University of Health Sciences, Pomona, CA. 3/2013: Consultation on field research methods in Japan with faculty from University of Manchester, UK. 9/2011: Consultation on public health education strategies with Dean of School of Public Health, Southeast University, China. 4/2009 grant proposal peer reviewer. University of California, San Francisco Department of Obstetrics, Gynecology, and Reproductive Sciences, Bixby Center for Global Reproductive Health. 10/2008: Consultation, \u201cThe Violations of the Rights of Lesbian, Gay, Bisexual and Transgender Persons in Japan Shadow Report.\u201d International Human Rights Clinic, Human Rights Program, Harvard Law School. 2007-2010: Consultations on ATLAS.ti qualitative analysis software for Department of Community Health Sciences. 10/2007 grant proposal peer reviewer. Tulane University School of Public Health and Tropical Medicine. 6/2006: Grant reviewer, Centers for Disease Control and Prevention (CDC), Division of Prevention, Prevention Program Branch, Atlanta, GA. Eight review panels; primary reviewer on three panels Department of Health Science 89 7/2006: Peer reviewer - Mitchell (2006). Strategically using general purpose statistics packages look at Stata and Academic Technology Services, Statistical Consulting Group, Technical Report Series, 1(1). University of California, Los Angeles. 2005-2006: Peer reviewer, grant applications and manuscripts Institute for Global Health; International Traineeships in Prevention Studies; and Center for Prevention Studies. University Service Committees 2008 - present: Member, Training Advisory Committee, Minority Health and Health Disparities International Research Training Program (MHIRT), Los Angeles Basin, California State University Consortium. 2014: Member, Ad hoc Committee for the Proposal to Establish a School of Music, CSUF. 2009 - 2011: Member, University Library Committee, CSUF. 2010: Member, Ad hoc Faculty Enhancement and Instructional Development (FEID) grant review committee, Faculty Development Center, CSUF. 2007- 2012: Member, Faculty Hearing Panel, Faculty Affairs & Records, CSUF. Invited University Lectures, Presentations, and Trainings DiStefano, A.S. (2012, March). Impact of on women and girls: Global, national, state, and local perspectives. Keynote speaker presentation, National Women and Girls Awareness Day at CSUF. DiStefano, A.S. (2011, December basics and current epidemiology. Lecture at 1st Annual Awareness Week, CSUF: World Day event. DiStefano, A.S. (2009, May epidemiology: Globally, nationally, and locally. Lecture in Department of Geography. DiStefano, A.S. (2009, March). 3/2009: Introduction to ATLAS.ti qualitative analysis software. Lecture and training workshop for faculty at Faculty Development Center/Qualitative Research Group. DiStefano, A.S. (2007, December). Epidemiology of HIV/AIDS. Lecture at the World Day Symposium Department of Health Science 90 DiStefano, A.S. (2007, December and violence: Intersecting public health issues. Lecture at the World Day Symposium, CSUF. Other University Service 9/2014: Discussant. Faculty panel on research and teaching, faculty development seminar for Tokyo Metropolitan University faculty, University Extended Education, CSUF. 6/2013: Consultation on qualitative data analysis software, Department of Chicana and Chicano Studies, CSUF. 3/2012: Event organizer and collaborative partner. National Women and Girls Awareness Day at CSUF. In collaboration with WoMen\u2019s Center; Health Education and Promotion Department Student Health and Counseling Center Community Intervention Program, Orange County Health Care Agency; Positively Speaking Program Services Foundation, Orange County; and Greater than (We > AIDS). 12/2011: Panel organizer and moderator. Community and faculty panel on HIV/AIDS. 1st Annual Awareness Week, CSUF: World Day event. In collaboration with Health Education and Promotion Department Student Health and Counseling Center. 3/2009; 12/2008: Co-moderator and panel discussant discussion panel: \u201cInto the Light film screening Department of Geography. 2/2009: Evaluator, NVivo qualitative analysis software International), Qualitative Research Group, Faculty Development Center, CSUF. 5/2008 - 6/2008: California State University Faculty Mentor, Minority Health and Health Disparities International Research Training (MHIRT) Program, Chiang Mai University, Thailand. 2007 - 2009: Interviews and consultations on HIV/AIDS-related articles for Daily Titan publication. 12/2007: Panel moderator. Faculty panel on HIV/AIDS. World Day Symposium, CSUF. College of Health and Human Development Service Committees 2015 - present: Chair, College Curriculum Committee, College of Health and Human Development Department of Health Science 91 2012 - 2015: Member and Department of Health Science Representative, College Curriculum Committee, College of Health and Human Development, CSUF. 2012; 2009: Member, Ad hoc College Grant Review Committee, College of Health and Human Development, CSUF. Invited College Lectures DiStefano, A.S. (2009, February; 2008, February). HIV/AIDS: An overview relevant to social work. Lectures (two consecutive years) in Department of Social Work. Other College Service 9/2015: Consultation and training on ATLAS.ti and qualitative data analysis with faculty from Department of Nursing and Department of Kinesiology College of Health and Human Development. 2008 - 2014: Member, Faculty Advisory Board Health Promotion Research Institute. 2013: In-country feasibility assessment project (Japan) \u2013 Research abroad/student exchange program between Japanese universities and College of Health and Human Development. 2/2010; 2/2009: Faculty co-moderator roundtable Health Promotion Research Institute Town Hall Forum. 2009 - 2010: Member, thesis committee for Department of Kinesiology Master of Science candidate. 2007 - 2010: Consultations on qualitative research for Department of Social Work. 9/2007: Consultation on research design, study of domestic violence among Korean Americans Master of Social Work Program. Department of Health Science Service Committees 2013 - present: Member, Department Personnel Committee, Department of Health Science Department of Health Science 92 2011 - present: Member, Undergraduate Program Committee, Department of Health Science 2014 - 2015: Chair, Department Personnel Committee, Department of Health Science, CSUF. 2012 - 2014: Chair, Undergraduate Curriculum Committee, Department of Health Science, CSUF. 2012 - 2013: Chair, Space and Equipment Committee, Department of Health Science (member of committee since 2011). 2011 - 2013: Member, Undergraduate Assessment Committee, Department of Health Science, CSUF. 2010 - 2011; 2008 - 2009: Member, Tenure-Track Faculty Search Committee, Department of Health Science, CSUF. 2010: Chair, Ad hoc committee to revise culminating experience: Theses, projects, comprehensive exams, Department of Health Science, CSUF. 2010: Member, Ad hoc committee to revise department personnel standards, Department of Health Science, CSUF. 2008: Member, Ad hoc committee to improve undergraduate and graduate student writing, Department of Health Science, CSUF. Invited Department Guest Lectures, Panels, Presentations, and Trainings 9/2015: Discussant, faculty panel for first-year students, Department of Health Science, CSUF. 3/2015 in Japan: Epidemiologic puzzles and ethnographic interpretations. Invited presentation, Spring Faculty Research Seminar, Department of Health Science, CSUF. 12/2014; 9/2013: Research and teaching in domestic and international public health. Guest lectures (two consecutive years), Department of Health Science, CSUF. 3/2014: Qualitative research and its connection to theory. Guest lecture, Department of Health Science, CSUF. 5/2012; 6/2011; 6/2010; 6/2009: Qualitative research: Lecture and workshop for Master of Public Health students. Guest lectures and trainings (four consecutive years), Department of Health Science, CSUF. 11/2011: HIV/AIDS, violence, and syndemics: Research and education. Guest lecture, Department of Health Science Department of Health Science 93 11/2010: Semi-unsolicited advice for the program and beyond. Guest lecture, Department of Health Science, CSUF. 10/2009; 10/2008; 9/2007 and violence: Intersecting public health issues. Guest lectures (three consecutive years), Department of Health Science, CSUF. Other Department Service 2012 - present: Course lead, Health Science Planning, Research, and Evaluation 475) \u2013 Training and guidance for instructors of this multi-section core course; development of department undergraduate assessment tools and rubrics for coursespecific goals and objectives; adjustments to curriculum to respond to ongoing assessments, Department of Health Science, CSUF. Fall, 2014; Spring, 2014; Fall, 2015: Agency supervisor, Undergraduate Teaching Assistant Internship in Health Science (three students, three semesters), Department of Health Science and Center for Internships & Community Engagement, CSUF. 5/2104: Reader/grader epidemiology qualifying examination, Department of Health Science, CSUF. 11/2013: Tenure-track faculty recruitment (health systems/administration and older adults faculty search) at the 141st American Public Health Association Annual Meeting, Boston, MA. 9/2013: Consultation with faculty from Department of Health and Nutrition, JinAi University, Fukui, Japan. Spring, 2012; Spring, 2011: Agency supervisor, public health teaching internship for students (two students, two semesters), Department of Health Science internship program, CSUF. 4/2009: Reviewed and revised Department of Health Science\u2019s Program Performance Review. 2009; 2008: Contributor, department newsletter, Department of Health Science, CSUF. 5/2008 - 6/2008: Agency supervisor Department of Health Science internship: Public health research field work for health science undergraduate student at the Department of Community Medicine, Chiang Mai University, Thailand. Community Service Invited Community Presentations and Trainings Department of Health Science 94 DiStefano, A.S. (2012, April). Women and HIV/AIDS. Invited presentation at the 3rd Annual Break the Silence Workshop, National Coalition of 100 Black Women, Inc., Irvine, CA. DiStefano, A.S. (2011, April 101. Invited presentation at the 2nd Annual Break the Silence Workshop, National Coalition of 100 Black Women, Inc., Orange County Chapter. DiStefano, A.S., Barrera-Ng., A., Hui, B., Quitugua, L.F., Peters, R., Dimaculangan, J., Vunileva, I., Tui\u2019one, V., Takahashi, L.M., & Tanjasiri, S.P. (2010, September). Chamorro and Tongan Perspectives on Young Adult Health (HIV/HPV) in the Chamorro and Tongan Communities. Invited presentation at the Pacific Islander Community Forum, Long Beach, CA. DiStefano, A.S., Barrera-Ng., A., & Peters, R. (2010, April). Data analysis & dissemination. Capacity building training workshop for community based organization staff and community members, Guam Communications Network and Tongan Community Service Center, Fullerton, CA. DiStefano, A.S., Peters, R., & Barrera-Ng., A. (2010, January). Participant recruitment & data collection. Capacity building training workshop for community based organization staff and community members, Guam Communications Network and Tongan Community Service Center, Hawthorne, CA. DiStefano, A.S., Barrera-Ng., A., & Peters, R. (2010, January 101. Capacity building training workshop for community based organization staff and community members, Tongan Community Service Center and Guam Communications Network, Fullerton, CA. DiStefano, A.S. (2008, August): Training on qualitative analysis using ATLAS.ti. Invited workshop on qualitative analysis of Breast Health Navigation Project data using ATLAS.ti software. Orange County Asian and Pacific Islander Community Alliance, Garden Grove, CA. DiStefano, A.S. (2008, March): Academia and public health. Invited presentation to middle and high school students at school career day. Pilgrim School, Los Angeles, CA. Invited Community Panels 2/2015: Panel discussant at the 1st Annual Southern California Health Conference, Keck School of Medicine, University of Southern California, Los Angeles, CA. 4/2012: Panel discussant at the 3rd Annual Break the Silence Workshop, National Coalition of 100 Black Women, Inc., Orange County Chapter, Irvine, CA. 4/2011: Panel discussant at the 2nd Annual Break the Silence Workshop, National Coalition of 100 Black Women, Inc., Orange County Chapter, Irvine Department of Health Science 95 Other Community Service 9/2015: Pro-bono consultant for Human Rights Watch on new research study, advocacy efforts, and policy work on sexual and gender minority youth in Japan. 4/2015: Participant, White House Office of National Policy regional listening session, Los Angeles, CA. 10/2013: Participant, Alameda Research Coalition meeting, Oakland, CA. 9/2010: Event organizer. Pacific Islander Community Forum: Chamorro and Tongan Perspectives on Young Adult Health (HIV/HPV) in the Chamorro and Tongan Communities. Pacific Island Art Museum, Long Beach, CA. In collaboration with Guam Communications Network, Long Beach CA; and Tongan Community Service Center, Hawthorne, CA. 4/2011 \u2013 3/2013: Access Consultant, National Coalition of 100 Black Women, Inc., Orange County Chapter. 4/2011: Research methods consultations with Tongan Community Service Center (Hawthorne, CA) in preparation for two conference presentations: (1 Proposals: Weaving Balance into the Process 2011, California & Beyond Conference, Carson, California, 6/2011; (2) Adaptation & Collaboration to Improve Cancer Disparities Research. National Cancer Institute - Center to Reduce Cancer Health Disparities, Cancer Health Disparities Program Meeting 2011. Rockville, Maryland, 7/2011. 3/2009: Consultation on intimate partner violence among sexual minorities in Japan, eminism.org \u2013 a feminist, social justice activist organization. Honors and Awards 2013: Scholarly & Creative Activity Award (Research Academic Affairs. 2010: Highest Quality External Grant Activity, Scholarly & Creative Activity Award (Research Academic Affairs. 2005: Walter J. Lear, M.D. Research Award Caucus, American Public Health Association. 2002: Inductee, Iota chapter, Delta Omega, Honor Society in Public Health. Professional Affiliations Department of Health Science 96 2014 - present: International Health Section, American Public Health Association (APHA) 2013 - present: Cross-Disciplinary Research Group on Trauma and Memory, Kyoto University, Japan 2005 - present Section 2007 - 2011: Qualitative Research Group, California State University, Fullerton (CSUF) 2007 - 2011: Stat Community (Statistical Consulting Blackboard Community 2006 - 2009 - Syndemics Prevention Network, Centers for Disease Control and Prevention 2004 - 2009: Gay and Lesbian Medical Association 2008: Family Violence Forum 2005 -2007: Methods Core, University of California, San Francisco, Center for Prevention Studies 2005 Caucus of Public Health Workers 2002 - 2005: Injury Control and Emergency Health Services Section Department of Health Science 97 September 2015 A. Personal Information Name Lilia Espinoza, M.P.H., Ph.D. Business Address California State University, Fullerton 800 N. State College Blvd. Fullerton 92834 Office Phone (657) 278-8697 Office Fax (657) 278-5317 E-mail Address [email protected] B. Education 2001-2009 University of Southern California Preventive Medicine Ph.D. (Health Behavior Research) 1998-2000 University of California, Public Health M.P.H. Los Angeles (Epidemiology) 1989-1994 University of California, Irvine Cognitive Science, B.A. Comparative Culture C. Honors and Awards 2015 Jewel Plummer Cobb Diversity in Education Award California State University, Fullerton 2014 2014 Faculty Recognition: Teaching California State University, Fullerton 2002-2006 National Cancer Institute, Cancer Training Grant Predoctoral Fellow University of Southern California D. Principle Positions Held Current 2012-present California State University, Fullerton Assistant Professor Department of Health Science Past 2011-2014 Los Angeles County Commission on Commissioner, Behavioral / Social Scientist [pro bono Department of Health Science 98 2009-2012 University of Southern California, Assistant Professor Department of Family Medicine 2009-2012 University of Southern California, Assistant Director Education and Training Center 2007-2009 University of Southern California, Program Manager Education and Training Center 2002-2006 National Cancer Institute, Cancer Training Grant Predoctoral Fellow University of Southern California 2000-2001 Los Angeles County, Department of Health Services, Epidemiology Analyst Medicaid Demonstration Project (1115 Waiver) 1996-2000 Los Angeles County, Department of Health Services, Research Analyst Epidemiology Program 1994-1996 University of California, Los Angeles Staff Research Associate Center for Community Health 1991-1994 University of California, Irvine Student Research Assistant School of Social Ecology E. Teaching Courses Taught 2012-present California State University, Fullerton; Department of Health Science Health Science 410 \u2013 Community Health Education Health Science 411 \u2013 Promoting Health in Multicultural Populations Health Science 475 \u2013 Health Science Planning, Research and Evaluation 2011-2012 University of Southern California; Department of Preventive Medicine Health Promotion 350 \u2013 Health Behavior Research Methods Health Promotion 420 \u2013 Gender and Minority Health Health Promotion 422 in Society 2000 University of California, Irvine; Summer Academic Enrichment Program Analytical Thinking, Reading and Writing in the Social Sciences Guest Lectures 2015 University of Southern California; Department of Preventive Medicine Health Promotion 400 \u2013 Culture, Lifestyle and Health and Latinos\u201d (October 1, 2015) California State University, Fullerton; Department of Health Science Health Science 480 \u2013 Transdisciplinary Perspectives on and Corrections\u201d (April 8, 2015 Department of Health Science 99 2014 University of Southern California; Department of Preventive Medicine Health Promotion 400 \u2013 Culture, Lifestyle and Health and Latinos\u201d (October 7, 2014) California State University, Fullerton; Department of Health Science Health Science 480 \u2013 Transdisciplinary Perspectives on and Corrections\u201d (March 19, 2014) 2002-2011 University of Southern California; Department of Preventive Medicine Health Promotion 420 \u2013 Gender and Minority Health Issues Health Promotion 422 in Society Health Promotion 525 \u2013 Culture and Health: An International Perspective Teaching Assistant 2002-2004 University of Southern California; Department of Preventive Medicine Health Promotion 422 in Society Advising: Health Science and Master of Public Health Curricula Dates Student\u2019s Name Project Role Aug-Dec 2012 Alexander Woodman Health Science 599: Graduate Independent Research (Supervision in Latino/a Populations in Southern California\u201d [literature review] Mentor, Independent research Jan-May 2013 Joseph Domingo Master\u2019s project: \u201cEvaluation of the Comprehensive Risk and Counseling Service (CRCS) Intervention Program for Transgendered Female Clients in Los Angeles County\u201d Master\u2019s Project Co- Chair Jan-May 2013 Sean McNeley Health Science 597: Project (Supervision): \u201c Number of Lifetime Sex Partners Associated With Teen Condom Use at Last Sexual Intercourse?\u201d Master\u2019s Project Chair Jan 2013 \u2013 July 2015 Angela Gutierrez Health Science 598: Thesis (Supervision): \u201cMeasuring the Effectiveness of a Spanish Chronic Disease Self-Management Session among Latino Adults\u201d Master\u2019s Thesis Chair Department of Health Science 100 Aug 2013 \u2013 May 2015 Genesis Sandoval Hurtado Health Science 599 (Graduate Independent Research), Fall 2013: \u201cPain Management among Older Latinos in Orange County\u201d [report] Mentor, Independent research Health Science 597: Project (Supervision), Spring 2015: \u201cThe Relationship between Caregiving and Health\u201d Master\u2019s Project Chair Aug 2013 \u2013 May 2015 Krystal Griffith Graduate Assistant: \u201cCulturally Based Primary Prevention Interventions for Latinas\u201d [literature review Foundation-National Medical Fellowships (NMF) Primary Care Leadership Capstone Program (PCLP) Scholar: \u201cCorrelates of undetectable viral load among HIV-infected homeless women in the LoDi study\u201d Mentor faculty advisor Jan-May 2014 Sarah Radcliffe Health Science 499 (Independent Study): conducted literature reviews on and Latinos (e.g testing, promotores model); assisted Angela Gutierrez with her thesis project (e.g., database creation; data entry, management and preliminary analyses) Mentor Jan-May 2014 Monica Lerma Health Science 599 (Graduate Independent Research), Spring 2014: \u201cWhat Defines Student Success for Undergraduate Health Science 220 Students at California State University, Fullerton?\u201d Master\u2019s Project Chair Department of Health Science 101 Jan-July 2014 Cristina Perales Master of Public Health Thesis: \u201cThe Role of a Parent-focused Physical Activity Program in Obesity and Physical Activity Levels in Children Participating in a Head Start Program\u201d Member, Thesis Committee Aug 2014 \u2013 May 2015 Vattana Peong Health Science 599 (Graduate Independent Research), Fall 2014: Asian Pacific Intervention Team\u2019s Comprehensive Risk Counseling Services data abstraction Mentor, Independent research Health Science 597: Project (Supervision), Spring 2015: \u201cPerceived Neighborhood Stressors, Risk Factors for Heart Disease, Self-rated Health, and Social Support among Cambodians and Latinos\u201d Master\u2019s Project Chair Sep 2014- present Melissa Cunningham Graduate Assistant: Evaluation of the Comprehensive Risk and Counseling Service (CRCS) Intervention Program Mentor, Master\u2019s Project Chair Advising: Academic Achievement Programs Dates Student\u2019s Name Program Role Aug 2015 \u2013 present Nancy Vargas California Pre-Doctoral Program (Sally Casanova) Mentor July 2015 \u2013 present Cristal Santillan Martinez Ronald E. McNair Post- Baccalaureate Achievement Program Mentor Aug 2014 \u2013 July 2015 Angela Gutierrez California Pre-Doctoral Program (Sally Casanova) Mentor Aug 2014 \u2013 May 2015 Angelica Ruiz Ronald E. McNair Post- Baccalaureate Achievement Program Co-Mentor Aug 2013 \u2013 May 2014 Jacqueline Ruvalcaba Enhancing Post- Baccalaureate Opportunities Mentor Department of Health Science 102 for Hispanic Students (EPOCHS) Aug 2013 \u2013 May 2014 Rosalina Camacho Mentor Aug 2013 \u2013 May 2014 Marisol Cardenas Mentor Sep 2012 \u2013 May 2013 Joseph Domingo Mentor Sep 2012 \u2013 May 2013 Angela Gutierrez Mentor Sep 2012 \u2013 May 2013 Monica Lerma Mentor Faculty Development Fall 2012 California State University, Fullerton; Faculty Development Center Participated in 5 trainings conducted by the Faculty Development Center. Topics included New Faculty Orientation process, designing effective instruction, and creating a research agenda. Spring 2013 California State University, Fullerton; Faculty Development Center Participated in the Faculty Learning Community conducted by the Faculty Development Center, learning and sharing techniques to engage and increase student learning. Spring 2013 California State University, Fullerton; Graduate Studies Mentor and participated in trainings for the faculty/student mentoring program Enhancing Postbaccalaureate Opportunities at Cal State Fullerton for Hispanic Students (EPOCHS) Awards March 2014 2014 Faculty Recognition: Teaching; California State University, Fullerton F. Scholarly and Creative Activity Peer-reviewed Journal Articles Jacobson, K., Ryu, J., Espinoza, L., Fisher, D.L., & Gates, J. (2014). Promoting primary care residents to help deliver care: Preparing for the impact of the Affordable Care Act on patient care. Under review at Academic Medicine. Rios-Ellis, B., Becker, D., Espinoza, L., Nguyen-Rodriguez, S., Diaz, G., Carricchi, A., Galvez, G., & Garcia-Vega, M. (2015). Evaluation of a community health worker intervention to reduce stigma and increase testing among underserved Latinos in the southwestern U.S. Public Health Reports, 130, 458-467 Department of Health Science 103 Rios-Ellis, B., Nguyen-Rodriguez, S., Espinoza, L., Galvez, G., & Garcia-Vega, M. (2015). Engaging community with promotores de salud to support infant nutrition and breastfeeding among Latinas residing in Los Angeles County: Salud con Hyland\u2019s. Health Care for Women International, 36(6), 711-729. Jacobson, K., Wong, A., Espinoza, L., Ryu, J., Chacko, R., & Gates, J. (2012). Developing the workforce: a case study of a training model for inexperienced providers. Journal of Health Care for the Poor and Underserved, 23(4), 1502-1511. Rios-Ellis, B., Malotte, K., Garcia, M., Nguyen-Rodriguez, S., Espinoza, L., Bird, M., et al. (2011). Rompe el Silencio: Break the Silence \u2013 Increasing sexual communication in Latina intergenerational family dyads. Hispanic Health Care International, 9(4), 174-186. Baezconde-Garbanati, L., Weich-Reush\u00e9, K., Espinoza, L., Portugal, C., Barahona, R., Garbanati, J., et al. (2011). Secondhand smoke exposure among Hispanics/Latinos living in multiunit housing: exploring barriers to new policies. American Journal of Health Promotion, 25(5) Suppl., S82-S90. Rios-Ellis, B., Espinoza, L., Bird, M., Garcia, M., Hoyt D\u2019Anna, L., & Bellamy, L. (2010). Increasing HIV-related knowledge, communication, and testing intentions among Latinos: Protege tu Familia: Haste la Prueba. Journal of Health Care for the Poor and Underserved 21.3 Suppl., 148-168. Milam, J., Richardson, J.L., Espinoza, L., & Stoyanoff, S. (2006). Correlates of unsafe sex among adult HIV-positive heterosexual men. Journal of Urban Health, 83(4), 669-681. Portugal, C., Boley Cruz, T., Espinoza, L., Romero, M., & Baezconde-Garbanati, L. (2004). Countering tobacco industry sponsorship of Hispanic/Latino organizations through policy adoption case study. In \u201cThe shifting landscape: tobacco control and prevention five years after the master settlement agreement.\u201d Health Promotion Practice, 5(3), 143S-156S. Peer-Reviewed Conference Papers, Presentations, Abstracts, and Posters (*With student) Carrillo, P.Y., Espinoza, L., & Ryu, J. (2015, December). Barriers and facilitators to care upon release for formerly incarcerated individuals living with in Los Angeles. Paper to be presented as a poster presentation at the 2015 National Prevention Conference, Atlanta, GA. *Gutierrez, A., Espinoza, L., Rutledge, D.N., & Jones, J. (2015, November). Examination of a chronic disease self-management curriculum and self-efficacy among Latino adults. Paper to be presented as a poster presentation at the 143rd American Public Health Association Annual Meeting, Chicago, IL. *Gutierrez, A., Espinoza, L., Rutledge, D.N., & Jones, C.J. (2015, March). An examination of troublesomeness and coping strategies among Latino adults. Poster Student Creative Activities and Research Day, Fullerton, CA. *Gutierrez, A., Espinoza, L., Rutledge, D.N., & Jones, C.J. (2014, November). Chronic disease self-management and health status: Coping strategies among Spanish-speaking Latino adults. Poster, 8th Annual National Conference on Health Disparities, Long Beach Department of Health Science 104 *Gutierrez, A., Espinoza, L., Rutledge, D.N., & Jones, C.J. (2014, June). Measuring the effectiveness of a chronic disease self-management program among Latino adults. 6th Annual University of California, Irvine\u2019s Institute for Clinical and Translational Science\u2019s Clinical Translational Research Day, Irvine, CA. *Gutierrez, A., Espinoza, L., Rutledge, D.N., & Jones, C.J. (2014, April). Measuring the effectiveness of a chronic disease self-management program among Latino adults. 2nd Annual Student Creative Activities and Research Day, Fullerton, CA. *Gutierrez, A., Espinoza, L., Rutledge, D.N., & Jones, C.J. (2014, April). Measuring the effectiveness of a chronic disease self-management program among Latino adults. 3rd Annual Latino Health Equity Conference, Long Beach, CA. Rios-Ellis, B., Espinoza, L., Garcia-Vega, M., & Gatdula, N. (2012, October). Hablando Claro: Utilizing familismo to create prevention dialogue among Latina intergenerational dyads. Paper presented as an oral presentation at the 140th American Public Health Association Annual Meeting, San Francisco, CA. Meyer, P., Donohoe, T., Espinoza, L., Hundal, N., & McGee, J. (2012, September). Collaboration in action: The Los Angeles regional needs assessment - 2012. Paper presented as a poster presentation at the 2012 Pacific and Northwest Asilomar Faculty Development Conference, Pacific Grove, CA. Malek, M., Ryu, J., & Espinoza, L. (2012, March). Model academic Fellowship in a jail setting partnership between the Los Angeles County Sheriff\u2019s Department & the Keck School of Medicine of the University of Southern California. Paper presented as an oral presentation at the Academic & Health Policy Conference on Correctional Health, Atlanta, GA. Espinoza, L., Rios-Ellis, B., Garcia, M., & Gatdula, N. (2011, October). Increasing safer sex behaviors and voluntary testing among Latina mothers and teen daughters: Pilot findings from Hablando Claro family-based prevention. Paper presented as an oral presentation at the 139th American Public Health Association Annual Meeting, Washington, DC. Garcia, M., Rios-Ellis, B., Gatdula, N., & Espinoza, L. (2011, October). Role of promotoras (community health workers) as agents of change to promote healthy Latino communities. Paper presented as an oral presentation at the 139th American Public Health Association Annual Meeting, Washington, DC. Rios-Ellis, B., Garcia, M., Espinoza, L., & Gatdula, N. (2011, October). Hablando Claro: promotoras as agents of sexual and reproductive health within a family-based intervention. Paper presented as an oral presentation at the 139th American Public Health Association Annual Meeting, Washington, DC. Rios-Ellis, B., Garcia, M., Gatdula, N., & Espinoza, L. (2011, October). Understanding and improving sexual risk communication among Latina intergenerational immigrant and non- immigrant family dyads. Paper presented as an oral presentation at the 139th American Public Health Association Annual Meeting, Washington, DC. Malek, M., Ryu, J., Espinoza, L., Cox, G., Jacobson, K., & Gates, JD. (2011, October). Establishing a program to train physicians to practice medicine according to nationally Department of Health Science 105 accepted guidelines in the jail. Paper presented as a poster presentation at the National Conference on Correctional Health Care, Baltimore, MD. Rios-Ellis, B., Espinoza, L., Garcia, M., & Gatdula, N. (2010, November). Hablando Claro: Applying an intergenerational culturally relevant approach to the Teen Health Project to prevent among Latinas in Los Angeles County. Paper presented as an oral presentation at the 138th American Public Health Association Annual Meeting, Denver, CO. Rios-Ellis, B., Espinoza, L., Garcia, M., Nguyen-Rodriguez, S., Scolari , R., Diaz, G., Chacon , G., Danzinger , A., & Zaldivar, R. (2010, November). Salud es Cultura: Prot\u00e9gete!: Incorporating community health workers in prevention efforts targeting underserved Latinos. Paper presented as a poster presentation at the 138th American Public Health Association Annual Meeting, Denver, CO. Espinoza, L., Rios-Ellis, B., Garcia, M., & Gatdula, N. (2010, September). Hablando Claro: Adapting the Teen Health Project to prevent among Latinas in Los Angeles. Paper presented as an oral presentation at the United States Conference on AIDS, Orlando, FL. Rios-Ellis, B., Espinoza, L., Garcia, M., & Gatdula, N. (2010, September). Hablando Claro: Applying an intergenerational approach to prevent among Latinas in Los Angeles County. Paper presented as an oral presentation at the United States Conference on AIDS, Orlando, FL. Ramzan, A., Espinoza, L., Jed, S., & Gates, J. (2010, September). Rapid Testing among Southern California birthing facilities and economic factors. Poster presented at the United States Conference on AIDS, Orlando, FL. Rios-Ellis, B., Garcia, M., Espinoza, L., Rodriquez-Nguyen, S., Huerta, B., Danzinger, A., & Zaldivar, R. (2010, July). Salud es Cultura: Prot\u00e9gete! Reinforcing positive cultural attributes to prevent in underserved Latino communities through a community health worker intervention. Paper presented as a poster presentation at the International Conference, Vienna, Austria. Garcia, M., Rios-Ellis, B., & Espinoza, L. (2010, July). Prot\u00e9g\u00e9 tu familia \u2013 hazte la prueba: conducting effective outreach and prevention among Latino families. Paper presented as a poster presentation at the International Conference, Vienna, Austria. Jacobson, K., Wong, A., Espinoza, L., Gates, J. (2010, July). Developing the workforce: a training model for healthcare providers inexperienced in patient care. Paper presented as a poster presentation at the 2010 International Conference, Vienna, Austria. Espinoza, L., Gates, J.D., & Fitzhugh, Z. (2009, November). Red Flags of Project: Building capacity to increase testing in clinics in Latino neighborhoods. Paper presented as an oral presentation at the 137th American Public Health Association Annual Meeting, Philadelphia, PA. Jacobson, K., Wong, A., Espinoza, L., & Gates, J.D.. (2009, November clinical consultation to low-volume (inexperienced) providers: It works! Poster presented at the 137th American Public Health Association Annual Meeting, Philadelphia Department of Health Science 106 Espinoza, L., Gates, J.D., & Fitzhugh, Z. (2009, August). Red Flags of Project: Building capacity to increase testing in clinics in Latino neighborhoods. Poster presented at the 2009 National Prevention Conference, Atlanta, GA. Gates, J.D., Espinoza, L., & Fitzhugh, Z. (2008, August). The Red Flags of Project: Building capacity to increase testing in cl\u00ednicas familiares in Latino neighborhoods. Poster presented at the 2008 Ryan White Program Grantee Meeting and 11th Annual Clinical Update, Washington, DC. Jacobson, K., Wong, A., Espinoza, L., & Gates, J.D.. (2008, August clinical consultation to low-volume (inexperienced) providers: It works! Poster presented at the 2008 Ryan White Program Grantee Meeting and 11th Annual Clinical Update, Washington, DC. Espinoza, L., Richardson, J.L., Chou, C., & Milam, J. (2007, April). Cognitive factors of unprotected sexual intercourse among HIV-positive Whites and Latinos. Poster presented at the Center for Identification, Prevention and Treatment Services Research: The Next Generation, Los Angeles, CA. Espinoza, L., Richardson, J.L., Chou, C., & Milam, J. (2006, August). Cognitive factors of unprotected anal/vaginal sex among HIV-positive persons. Poster presented at the American Psychological Association Annual Convention, New Orleans, LA. Espinoza, L., Portugal, C., Carrasco, C., Barahona, R., Romero, M., & Baezconde-Garbanati, L. (2006, July). Addressing a Paradox \u2013 Regale Salud: An advocacy campaign tool kit to reduce secondhand smoke exposure in Hispanic/Latino populations. Poster presented at the 13th World Conference on Tobacco or Health, Washington, DC. Portugal, C., Espinoza, L., Barahona, R., Carrasco, C., Romero, M., & Baezconde-Garbanati, L. (2006, July). Maximizing opportunities for policy adoption tool kit for combating tobacco industry sponsorship of organizations. Poster presented at the 13th World Conference on Tobacco or Health, Washington, DC. Baezconde-Garbanati, L., Portugal, C., Espinoza L., Carrasco, C., Barahona, R., Barnoya, J., & Romero, M. (2006, July). Regale Salud: An advocacy campaign to reduce secondhand smoke exposure among Hispanic/Latinos through policy development. Poster presented at the 13th World Conference on Tobacco or Health, Washington, DC. Baezconde-Garbanati, L., Portugal, C., Aguinaga-Bialous, S., Barnoya J., Espinoza, L., Barahona, R., & Carrasco, C. (2006, July). Inoculating communities in Latin America and the United States against tobacco industry targeting. Paper presented at the 13th World Conference on Tobacco or Health, Washington, DC. Milam, J., Richardson, J.L., Espinoza, L., & Stoyanoff, S. (2006, February). Correlates of unprotected sex among adult HIV-positive heterosexual men. Paper presented at the 21st (Universitywide Research Program Investigators\u2019 Meeting, San Francisco, CA. Espinoza, L., Sorvillo, F.J., Bingham, T., Kerndt, P.R. (2001, August). Perception of risk among HIV-infected foreign-born Latinas. Poster presented at the Centers for Disease Control and Prevention 2001 National Prevention Conference, Atlanta Department of Health Science 107 Reidy, W., Kwa Sey, E., Espinoza, L., Hanrahan, S., Bingham, T. (2001, August). Differences in knowledge and attitudes among urban middle school students of primarily English and non- English-speaking households. Poster presented at the Centers for Disease Control and Prevention 2001 National Prevention Conference, Atlanta, GA. Book chapter Richardson, J.L., Milam, J., & Espinoza, L. (2008). Partnership for Health Program Development Brief Safer Sex Intervention for Outpatient Clinics. In T. Edgar, S.M. Noar, & V. Freimuth (Eds.). Communication Perspectives on for the 21st Century. New York, NY: Lawrence Erlbaum Associates. White Papers, Reports, and Toolkits (Un-refereed) Rios-Ellis, B., Organista, K., Becker, D., Espinoza, L., Bird, M., Galvez, G., et al. (2013). Integrando Nuestra Visi\u00f3n prevention and treatment through a Latino lens of community-engaged theory, research, and practice Center for Latino Community Health, Evaluation and Leadership Training, California State University at Long Beach, Long Beach, CA. National Council of La Raza. (2011 D\u00f3nde Vamos? New directions for culturally relevant Latino community involvement in prevention and services research Center for Latino Community Health, Evaluation and Leadership Training, California State University at Long Beach, Long Beach, CA. (Co-author) Portugal, C., Baezconde-Garbanati, L., Paredes, W., Romero, M., Barahona, R., Carrasco, C., Boley Cruz, T., & Espinoza, L. (2006). Dinero Sabio: Rejecting tobacco industry sponsorship in the Hispanic/Latino community. Los Angeles: Hispanic/Latino Tobacco Education Partnership. Portugal, C., Baezconde-Garbanati, L., Paredes, W., Romero, M., Barahona, R., Carrasco, C., Boley Cruz, T., & Espinoza, L. (2006). Regale Salud toolkit to protect Hispanic/Latino families from secondhand smoke in multi-unit housing. Los Angeles: Hispanic/Latino Tobacco Education Partnership. Hispanic/Latino Tobacco Education Partnership (2005). Year 1: Technical assistance evaluation summary report. Hispanic/Latino Tobacco Education Partnership, University of Southern California, Alhambra, CA. (Contributor) National Alliance for Hispanic Health (2004). Vacunas para la Familia: Immunizations for All Ages. Final Evaluation Report: Year 10. Washington, D.C.: National Alliance for Hispanic Health. (Evaluator) Hispanic/Latino Tobacco Education Network (H/LaTEN). (2004). Final Evaluation Report: January 2001 \u2013 June 2004. Hispanic/Latino Tobacco Education Network (H/LaTEN), University of Southern California, Alhambra, CA. (Evaluator) Hispanic/Latino Tobacco Education Network (H/LaTEN). (2004) Membership Satisfaction Survey: 1996, 2000, and 2003 \u2013 Evaluation Report. Hispanic/Latino Tobacco Education Network (H/LaTEN), University of Southern California, Alhambra, CA. (Evaluator) Los Angeles County Department of Health Services Epidemiology Program. (2000 Department of Health Science 108 An Epidemiologic Profile of and in Los Angeles County. Los Angeles, CA. (Contributor) Conference Presentations (Invited) Espinoza, L. (2011, August). Helping women and families talk about sex and HIV. Presented at the Los Angeles Women\u2019s Task Force 2011 Treatment Summit, Los Angeles, CA. Meyer, P., Espinoza, L., Donohoe, T. (2010, December). The Pacific Education and Training Centers in Los Angeles. Presented at the Los Angeles County Commission on monthly meeting, Los Angeles, CA. Espinoza, L. (2010, February prevention and youth: What works? Presented at the California School Nurses Organization 60th Annual Conference, Los Angeles, CA. Espinoza, L. (2009, May prevention and youth. Presented at a Los Angeles Unified School District Nurses\u2019 Meeting, Los Angeles, CA. Espinoza, L. (2000, December). Perception of risk among HIV-infected Latinas, Los Angeles County, 1991-1997. Presented to The Wall Las Memorias, World Day, Los Angeles, CA. Espinoza, L. (2000, September). Perception of risk among HIV-infected women, Los Angeles County, 1991-1997. Presented to the Los Angeles County\u2019s Prevention Planning Committee, Los Angeles, CA. Manuscripts in Preparation for Submission (*Paper with student) Espinoza, L., Candelario, J., *Cunningham, M., To, S., *Domingo, J.R., Wu, E., et al. Evaluation of the Comprehensive Risk and Counseling Services (CRCS) intervention program for transgendered female clients in Los Angeles County. Manuscript in preparation. Espinoza, L., Ryu, J., Carrillo, P., & Gates, J.D. Barriers and facilitators to treatment adherence among a sample of precariously housed, HIV-infected persons with a history of incarceration. Manuscript in preparation. *Gutierrez, A., Espinoza, L., Rutledge, D., & Jones community-engaged approach in self- management among Latino adults with chronic conditions. Manuscript in preparation. *Gutierrez, A., Espinoza, L., Rutledge, D., & Jones. Evaluating immediate outcomes of a community-engaged culturally tailored chronic disease self-management workshop among Latino adults with chronic conditions. Manuscript in preparation. Espinoza, L., Richardson, J.L., Chou, C.P., Ferguson, K., Baezconde-Garbanati, & Stacy. A.W. Effects of substance use and sensation-seeking in adolescence on age at sexual initiation and number of sexual partners. Manuscript in preparation. Research Support Awarded \u2013 Intramural 2012-2016 Probationary Faculty Grant, California State University, Fullerton ($15,000 Department of Health Science 109 2014-2015 Junior Intramural Research Award, California State University, Fullerton ($8,719 Project #03568: Evaluation of barriers and facilitators to care among recently incarcerated, HIV-infected individuals. Role: Principle Investigator. 2015-2016 Faculty Mentorship of Undergraduate Research and Creative Activities Grant (FMURCA), California State University, Fullerton ($1,250): Exploring the relationship between trauma and treatment adherence. Role: Principle Investigator. Submitted but not funded \u2013 Extramural 2014 Building Infrastructure Leading to Diversity (BUILD) Initiative (U54 (C-BUILD) Student Success into Biomedical Research Careers. Role: Co-Investigator, Student Training Core (25% effort). 2014 and U.C. Irvine Chao Family Comprehensive Cancer Center (UCI- CFCCC) Partnership for Cancer Health Disparities Research (P20; 2 of 2). Submitted to National Cancer Institute\u2019s Research Supplement to Promote Diversity in Health in Health-Related Research (Admin Supp; PA-12-149). Role: Investigator. Faculty Development 2015-2016 Funding My Research 2015/2016; Fullerton June 8-9 2015 National Cancer Institute\u2019s Center to Reduce Cancer Health Disparities\u2019 2015 Professional Development and Mock Review Workshop; Rockville Fall 2014 California State University, Fullerton; Faculty Development Center Faculty Learning Community: Writing an Article in 12 Weeks July 11, 2014 Fred Hutchinson Cancer Research Center, Seattle, WA. Region 6: Geographic Management of Health Disparities Programs\u2019 Community- based Participatory Research (CBPR) & Career Development Workshop. May 1, 2014 California State University, Fullerton; Faculty Development Center An introduction to (an open-source statistical computing and graphics package) G. Service Service to the Profession Memberships in Professional Organizations 2014 \u2013 present Fibromyalgia and Chronic Pain Center (CSUF) 2013 \u2013 present Society for Prevention Research 2013 \u2013 present Health Promotion Research Institute (CSUF) 2009 \u2013 present American Public Health Association Department of Health Science 110 2006 American Psychological Association Service to Professional Publications 2015 \u2013 present Reviewer, Preventive Medicine Reports 2013 \u2013 present Section Editor, California Journal of Health Promotion 2012 \u2013 present Reviewer, California Journal of Health Promotion 2006 \u2013 present Reviewer, Journal of Adolescent Health University Service Aug 2015 \u2013 present Mentor and Trainer, Health Resources and Services Administration\u2019s Health Careers Opportunities Program (HCOP) June 2015 \u2013 present International Programs and Global Engagement CSUF-Mexico Universities Collaboration Oct 2014 \u2013 present Advisory Committee Member, Latino/a Graduate Students SOAR: Strengthening Opportunities, Access and Resources (SOAR) Aug 2014 \u2013 May 2015 Member, High Impact Practice Framework Working Group Aug 2013 \u2013 present Member, Health Professions Committee Spring 2013 \u2013 present Representative, Faculty Hearing Committee Memberships and Advising Aug 2013 \u2013 May 2015 Faculty Coordinator, Ballet Folklorico de Aug 2012 \u2013 May 2014 Mentor, Enhancing Postbaccalaureate Opportunities at Cal State Fullerton for Hispanic Students (EPOCHS) Faculty Panels August 20, 2013 Panelist, \u201cLife and Teaching at CSUF,\u201d 2013 New Faculty Orientation September 18, 2013 Panelist, \u201cThe Experiences of Chicanas and Latinas in Graduate School,\u201d Office of Graduate Studies and Chicano/a Resource Center August 19, 2014 Panelist, \u201cGetting it Right,\u201d 2014 New Faculty Orientation October 1, 2014 Panelist, \u201cExperiences of Chicana/Latina Faculty in Graduate School,\u201d Office of Graduate Studies and Chicano/a Resource Center College of Health and Human Development Service Spring 2015 \u2013 present Kinesiology and Health Science Faculty Representative, College of Health and Human Development Student Success Team\u2019s Assessment/Metrics Working Group Department of Health Science 111 August 2014 \u2013 present Kinesiology and Health Science Faculty Representative, College of Health and Human Development Student Success Team April 2014 Member Scholarship Selection Committee Fall 2013 \u2013 May 2014 Chair, College of Health and Human Development Student Success Center \u2013 Kinesiology and Health Science Committee Awards August 2015 Jewel Plummer Cobb Diversity in Education Award; California State University, Fullerton Department of Health Science Service August 2015 \u2013 present Member, Search Committee for Epidemiology tenure-track position August 2014 \u2013 present Co-Organizer and Co-Facilitator, Department of Health Science Faculty Research Seminar Aug 2014 \u2013 May 2015 Member, Search Committee for Epidemiology tenure-track position Aug 2013 \u2013 May 2015 Co-Chair, Awards and Event Planning Committee Aug 2013 \u2013 May 2015 Faculty Advisor, Eta Sigma Gamma, National Health Education Honorary Society August 2013 \u2013 present Member, Undergraduate Program Committee January 2013 \u2013 present Course Lead, Health Science 411 \u2013 Promoting Health in Multicultural Populations Aug 2013 \u2013 May 2014 Member, Search Committee for Academic Assistant Coordinator/Lecturer full-time position Faculty Panels September 1, 2015 Panelist 500 Community Service July 2013 \u2013 Nov 2014 Commissioner (occupying Behavioral/Social Scientist seat), Los Angeles County Commission on Aug 2012 \u2013 Nov 2014 Co-Chair, Los Angeles County Commission on HIV\u2019s Latino Caucus Aug 2011 \u2013 July 2013 Commissioner (occupying Education and Training Centers/Medical Schools seat), Los Angeles County Commission on Department of Health Science 112 Provide the following information for the key personnel in the order listed on Form Page 2. Photocopy this page or follow this format for each person Gill, Jasmeet Kaur Associate Professor of Health Science (Begin with baccalaureate or other initial professional education, such as nursing, and include postdoctoral training (if applicable) YEAR(s University of California at Riverside, California University of California at Los Angeles, California B.S. Ph.D. 1994 2005 Biology Epidemiology EXPERIENCE: Concluding with present position, list, in chronological order, previous employment, experience, and honors. Include present membership on any Federal Government public advisory committee. List, in chronological order, the titles, all authors, and complete references to all publications during the past three years and to representative earlier publications pertinent to this application. If the list of publications in the last three years exceeds two pages, select the most pertinent publications PAGES. B. Positions and Honors Positions and Employment 1998-2001 Data Analyst/Data Manager, School of Public Health, University of California, Los Angeles 2001-2005 Data Analyst, Department of Preventive Medicine, University of Southern California, Los Angeles 2005-2008 Postdoctoral Research Fellow in Epidemiology, Cancer Research Center of Hawaii at University of Hawaii, Honolulu (R25 90956) 2008-2014 Assistant Professor, Department of Health Science, California State University, Fullerton 2014- Associate Professor, Department of Health Science, California State University, Fullerton Other Experience and Professional Memberships 2008-2010 Associate Member, American Association for Cancer Research 2010-2014 Associate Editor of the Californian Journal of Health Promotion 2012-2014 Member, Society for Epidemiologic Research Honors 2003-2005 Pre-Doctoral Traineeship in Cancer Molecular Epidemiology, University of California, Los Angeles 2007 Participant in the Pathobiology of Cancer: The Edward A. Smuckler Memorial Workshop (awarded to only 100 researchers nationwide). Sponsored by the American Association for Cancer Research and the National Cancer Institute. C. Peer-reviewed Publications 1. Gill JK, Maskarinec G, Pagano I, Kolonel LN. The association of mammographic density with ductal carcinoma in situ of the breast: the Multiethnic Cohort. Breast Cancer Research 2006;8(3 Department of Health Science 113 2. Gill JK, Press MF, Patel AV, Bernstein L. Oral contraceptive use and risk of breast carcinoma in situ. Cancer Causes and Controls 2006;17(9):1155-1162. 3. Gill JK, Maskarinec G, Wilkens LR, Pike MC, Henderson BE, Kolonel LN. Nonsteroidal anti- inflammatory drugs (NSAIDs) and breast cancer risk: the Multiethnic Cohort. American Journal of Epidemiology 2007;166(10):1150-1158. 4. Erber E, Maskarinec G, Gill JK, Park S, & Kolonel LN. Dietary patterns and the risk of non- Hodgkin lymphoma: the Multiethnic Cohort. Leukemia and Lymphoma 2009; 50:8,1269- 1275. 5. Cooney RV, Franke AA, Wilkens LR, Gill J, & Kolonel LN. Elevated plasma gamma- tocopherol and decreased alpha-tocopherol in men are associated with inflammatory markers and decreased plasma 25 vitamin D. Nutrition and Cancer 2008;60 Suppl 1, 21-9. 6. Maskarinec G, Erber E, Gill J, Cozen W, & Kolonel LN. Overweight and obesity at different times in life as risk factors for non-hodgkin lymphoma: the Multiethnic Cohort. Cancer Epidemiology Biomarkers and Prevention 2008;17(1) 196-203. 7. Maskarinec G, Urano Y, Gill J, & Kolonel LN. Nonsteroidal anti-Inflammatory Drugs (NSAIDs) and mammographic density. Breast Cancer Research and Treatment 2008 Nov;112(1), 133-9. 8. Gill JK, Franke AA, Steven Morris J, Cooney RV, Wilkens LR, Le Marchand L, Goodman MT, Henderson BE, Kolonel LN. Association of selenium, tocopherols, carotenoids, retinol and 15-isoprostane F2t in serum or urine with prostate cancer risk: the Multiethnic Cohort. Cancer Causes and Control. 2009 Sep;20(7):1161-71. 9. Gill JK, Wilkens LR, Pollak MN, Stanczyk FZ, Kolonel LN. Androgens, growth factors, and risk of prostate cancer: the Multiethnic Cohort. Prostate. 2010 Jun 1;70(8):906-15. 10. DiStefano, AS, Gill JK, Hubach RD, Cayetano RT, & Hilbert testing among undergraduates at an ethnically diverse American university: Associations with violence/abuse and other covariates. Journal of Behavioral Medicine 2013; DOI: 10.1007/s10865-013-9540-7 11. Li MJ, DiStefano A, Mouttapa M, & Gill JK. Bias-motivated bullying and psychosocial problems: Implications for risk behaviors among young men who have sex with men Care: Psychological and Socio-medical Aspects of 2013; DOI:10.1080/09540121.2013.811210 12. Meh C, Gill JK, & Kim comparison of skin cancer knowledge, attitude, and protective behavior in African American students in east and west coasts. Californian Journal of Health Promotion. 2013;11(3), 25-35. D. Research Support Completed Research Support Junior Research Award (Intramural), California State University, Fullerton 5/2011- 5-2012 An evaluation of the effects of postpartum breastfeeding support services on breastfeeding rates through 1 year postpartum. Role Milton A. Gordon Fund for Scholarly and Creative Activities (Intramural) 1/2012-5/2012 Department of Health Science 114 California State University, Fullerton. Assigned time for research awarded. Research Support not Funded and Partnership for Cancer Health Disparities Research P20 5/2013 and 5/2014. California State University, Fullerton Pilot Research Project. \u201cDisparities in Cervical CancerOutcomes: Race, SES, and the Healthcare System.\u201d Role: Co-PI, $25,000/year for 2 years Department of Health Science 115 Curriculum Vitae H. KIM, Ph.D. Associate Professor, Department of health Science California State University, Fullerton P.O. Box 6870 Fullerton 92834-6870 (657) 278-5649 voice (657) 278-5317 fax [email protected] Environmental Health Sciences 2006 Post-Doctoral Fellow, Environmental Health Sciences 2005 Ph.D. in Environmental Health Sciences 1998 B.S. in Chemistry Berkeley Undergraduate and Track Coordinator of the Environmental and 2014 to present Associate Professor, Department of Health Science Fullerton Occupational Health and Safety (EOHS) Track 415: Environmental Health 416: Global Issues in Environmental Health 421: Infectious Disease Epidemiology 462: Environmental Toxicology and Health 515: Advanced Environmental Health 595T: Environmental Toxicology 595T: Atmospheric Pollution 2008 to 2014 Assistant Professor, Department of Health Science Fullerton Previous Employment 2009 Visiting Research Assistant 2007 to 2008 Lecturer at Azusa Pacific University 101: Introduction to Chemistry 151: General Chemistry, Lab 152: General Chemistry II, Lab 2007 to 2008 Lecturer at Cerritos College 110: Elementary Chemistry, Lab 2007 to 2008 Lecturer at Coastline Community College 180: General Chemistry 185L: General Chemistry B, Lab Department of Health Science 116 2006 Lecturer at 100: Environmental Health Sciences 2015 Recipient, 2015 Outstanding Teaching Award at College of Health and Human Development (HHD) 2015 Sabbatical Leave Award (Spring 2016) \u201d Faculty Professional Experience and Student Success\u201d 2015 Recipient, 2015 Faculty Recognition: Service at the University Recognition of Extraordinary and Sustained Service 2010 Recipient, Outstanding Faculty Recognition for Teaching at the University: Teacher Scholar Award for Exceptional Teaching Effectiveness \u2013 proposed and approved courses 2010 416 \u2013 Global issues in Environmental Health 2010 462 \u2013 Environmental Toxicology and Health 2010 463 \u2013 Atmospheric Pollution and Health 2015 115 \u2013 Introduction to Environmental Health and Safety (co-developed with Dr. John Breskey Extermal Funded Grants and Fellowships 2000 to 2004 Toxic Substances Research and Teaching Program TSR&TP) student fellowship, $100,000 Internal 2012 to 2013 Faculty Enhancement and Instructional Development (FEID) grant, \u201cRefocusing a Track Curriculum to Prepare Students for Entry-Level Careers in EOHS,\u201d $4000 (PI); Co John Breskey 2010 to 2011 Jr./Sn. Faculty Research Grant Study of Energy Drink Consumption Patterns among College Students Who Play Video Games Regularly,\u201d $5,000 2009 Probationary Faculty Stipend of $6,500 2004 Dissertation Year Fellowship of $17,500 awarded by Publications Books and Book Chapters Kim, D. H., & McMahan, S. (2012 and Environmental Health. In R. H. Friis (Ed.) The Praeger Handbook of Environmental Health (Volume 2, Chapter 17, pp. 427-451). Santa Barbara, CA: Praeger (Peer Reviewed Department of Health Science 117 Professional Journal Articles (Peer Reviewed) Meh, C., Gill, J., & Kim, D. H. (2013 comparison of skin cancer knowledge, attitude, and protective behavior in African American students in east and west coasts. Californian Journal of Health Promotion, 11 (3), 25-35. Haines, M. S., & Kim, D. H. (2013 study of the effects of physical activity on asthmatic symptoms and obesity risk in elementary school\u2013aged children. American Journal of Health Education, 44 (3), 156-161. Professional Journal Articles (Peer Reviewed) - Continued Kim, D. H., Faull, K. F., & Eckhert, C. D. (2011). Utilization of negative ion and tandem mass spectrometry to detect and confirm the NADH-boric acid complex. Journal of Chemical Education, 88 (1), 106-110. Barranco, W. T., Kim, D. H., Stella, S. L. jr., & Eckhert, C. D. (2009). Boric acid inhibits stored Ca(2+) release in DU-145 prostate cancer cells. Cell Biology and Toxicology, 25(4), 309320. Eckhert, C. D., Barranco, W. T., & Kim, D. H. (2007). Boron and prostate cancer a model for understanding boron biology. In Xu, F. et al. (Eds.), Advances in plant and animal boron nutrition : proceedings of the 3rd International Symposium on all Aspects of Plant and Animal Boron Nutrition (pp. 297-297). New York, NY: Springer. Kim, D. H., Que Hee, S., Norris, A. J., Faull, K. F., & Eckhert, C. D. (2006). Boric acid inhibits adenosine diphosphate-ribosyl cyclase non-competitively. Journal of Chromatography A, 1115(1-2), 246-252. Kim, D. H., Faull, K. F., Norris, A. J., & Eckhert, C. D. (2004). Borate-nucleotide complex formation depends on charge and phosphorylation state. Journal of Mass Spectrometry, 39(7), 743-751. Kim, D. H., Marbois, B. N., Faull, K. F., & Eckhert, C. D. (2003). Esterification of borate with NAD+ and as studied by electrospray ionization mass spectrometry and 11B spectroscopy. Journal of Mass Spectrometry, 38(6), 632-640. Work in progress Choe, J. Y., & Kim, D. H. Degrees of practicing regular sun protection behaviors in college athletes and its modifiable barrier (Manuscript in preparation) Kim, D. H., Faull, K. F., Eckhert, C. D. Investigating the complex formation between boron and riboflavin using electrospray ionization mass spectrometry. (Manuscript in preparation). Kim, D. H., & Nguyen study of energy drink consumption patterns amongst college students who play video games regularly. (Manuscript in preparation) Professional presentations: (*Presentation with students) *Bui, P., & Kim, D. H. (2012). Knowledge, Risk Perception, and Barriers Related To Tuberculosis Screening and Treatment among Foreign Born Vietnamese in Orange County. American Public Health Association\u2019s (APHA) 140th Annual Meeting and Exposition, San Francisco, CA. Abstract accepted. Poster presentation on Oct. 29, 2012 *Meh, C., Gill, J. & Kim, D. H. (2012) Melanin Friend or Foe comparison of skin cancer knowledge, attitude, and protective behavior in African American students in East and West Coasts. 2012 Science of Eliminating Health Disparities Summit Department of Health Science 118 National Harbor, Maryland. Abstract accepted. Poster presentation on November 1, 2012. *Haines, M. S., & Kim, D. H. (2011). Promoting physical activity for children with moderate persistent asthma can reduce asthmatic symtoms and obesity. Southern California Public Health Association Winter 2011 Conference, Los Angeles, CA. Abstract accepted. Poster presentation on Dec 12, 2011 Professional presentations - Continued *Haines, M. S., & Kim, D. H. (2011). Promoting physical activity for children with moderate persistent asthma can reduce asthmatic symtoms and obesity. International Organization of Social Sciences and Behavioral Research (IOSSBR) Winter 2011 Conference, Las Vegas, NV. Abstract accepted. Poster presentation on Nov 17-18, 2011 *Meh, C., Gill, J., & Kim, D. H. (2011) Melanin friend or foe comparison of skin cancer knowledge attitude, and protective behavior in African American students in east and west coast. International Organization of Social Sciences and Behavioral Research (IOSSBR) Winter 2011 Conference, Las Vegas, NV. Abstract accepted. Poster presentation on Nov 17-18, 2011 Kim, D. H., Eckhert, C. D., Faull, K. F. (2010). Investigating the Complex Formation between Boron and Riboflavin using Electrospray Ionization Mass Spectrometry and Fluorescence Spectroscopy. Experimental Biology Conference J. 24:537.13. Abstract published and poster presentation. *Hadorn, J., & Kim, D. H. (2010). College Students Misconceptions Between Knowledge and the Appropriate Use of Antibiotic. Southern California Public Health Association (SCPHA) 2010 Annual Confernce in Orange, Califoria. Poster presentation *Li, J.-T., Fu, L.-M., & Kim, D. H. (2009). Acupuncture for Children\u2019s Disorders Review of Randomized Control Trials. Extravaganza 2009 - Discover and Experience the Benefits of Complementary and Alternative Health in Santa Barbara, California. Poster presentation Kim, D. H., Faull, K. F., & Eckhert, C. D. (2004). Association constants of cyclic ADP-ribose (cADPR) and nicotinic acid adenine dinucleotide phosphate (NAADP) with borate were determined by electrospray ionization mass spectrometry (ESI-MS). Experimental Biology Conference J. 18, 351.4, Boron and Chromium Minisymposium, oral presentation by Danny Kim, Washington D.C. Kim, D. H., Faull, K. F., & Eckhert, C. D. (2004). Association constants of cyclic ADP-ribose (cADPR) and nicotinic acid adenine dinucleotide phosphate (NAADP) with borate were determined by electrospray ionization mass spectrometry 17th Annual Research Symposium: Abstract number 56, San Diego, CA. Kim, D. H., Faull, K. F., & Eckhert, C. D. (2003). Boron adduction to nucleotides is determined by charge and phosphorylation state, Experimental Biology conference, FASEB, J. 17, 434.7, Boron and Chromium Minisymposium, oral presentation by Danny Kim, San Diego, CA. Kim, D. H., Faull, K. F., & Eckhert, C. D. (2003). Characterization of borate binding to nucleotides using electrospray ionization mass spectrometry (ESI-MS) and 11B Toxic Mechanisms Workshop on Genomics/Proteomics/Metabolomics and Annual Meeting, oral presentation by Danny Kim, Santa Fe Department of Health Science 119 Kim, D. H., Faull, K. F., & Eckhert, C. D. (2003). Investigation of relative bindings of boron adduction to nicotinamide nucleotides using electrospray ionization mass spectrometry (ESI-MS) coupled with selective ion monitoring (SIM) and multiple reaction monitoring 16th Annual Research Symposium, Abstract number 60, Oakland Kim, D. H., Faull, K. F., & Eckhert, C. D. (2002). Boron addition to as studied by mass spectrometry and 11B 15th Annual Research Symposium, Abstract number 100, Long Beach Professional presentations - Continued Kim, D. H., Marboise, B. N., Faull, K. F., & Eckhert, C. D. (2002). Boron addition to as studied by mass spectrometry and 11B NMR, 11th International Symposium on Trace Elements in Man and Animals, Berkeley, CA. Kim, D. H., Eckhert, C. D., & Faull, K. F. (2001). Investigation of boron addition to using mass spectrometry 14th Annual Research Symposium, Abstract number 85, Lake Tahoe, CA. Kim, D. H., Faull, K. F., Marbois, B. N., & Eckhert, C. D. (2001). Investigation of boron addition to nucleotides using electrospray ionization-mass spectrometry Toxic Mechanisms Workshop on Genomics/Proteomics/Metabolomics and Annual Meeting, oral presentation by Danny Kim, Santa Fe Kim, D. H., Marbois, B. N., Faull, K. F., & Eckhert, C. D. (2001). Detection of boration by mass spectrometry, Experimental Biology Conference, FASEB, 15(5), 745.3, Orlando, FL. Kim, D. H., Marbois, B. N., Faull, K. F., & Eckhert, C. D. (2001). Investigation of boron addition to nucleotides using electrospray ionization-mass spectrometry (ESI-MS), 40th Annual Meeting of Society of Toxicology, Journal of the Society of Toxicology Supplement, 60(1), 1715, San Francisco Professional Associations 2001 to present Delta Omega, Iota chapter-honorary society in public health 2014 to present Society of Toxicology (SOT) 2009 to 2014 American Chemical Society (ACS) 2011 to 2012 American Public Health Association 2011 International Organization of Social Sciences and Behavioral Research 2009 to 2010 Southern California Public Health Association Publication Reviewer/Editor 2009 to present Manuscript Section Editor for the Californian Journal of Health Promotion 2009 to 2011 Manuscript Reviewer for the California Journal of Environmental Health Professional Committees/Boards 2009 to present Advisory Board Member Health Promotion Research Institute Department of Health Science 120 2010 to present Faculty Member of Center for Cancer Disparities Research 2008 to 2009 University (CSUF) Representative to California Conference of Directors of Environmental Health (CCDEH), Region Other Professional Activities 2014 Presenter at International Presentation \u2013 for Hubei Public Health Program, China 2011 Presenter at International Presentation \u2013 for Jingzhou Municipal Health Department, China 2010-2011 Organizer of H1N1 Vaccine Clinic at Other Professional Activities - Continued 2009 Media interview - \u201cSwine Flu \u2013 What Is the Danger?\u201d by Valerie Orleans for University Committees 2012 to present Member of the University Alcohol & Drugs Committee 2008 to present Council Member of Environmental Studies Program University Committees - Continued 2013 to 2014 Search committee member for the University librarian 2012 to 2013 Chair of the University Library Committee 2011 to 2012 Member of the University Library Committee 2011 to 2012 Advisory Board Member for the University Extended Education - Healthcare Information Technology 2009 to 2010 Member of the University General Education Committee 2009 Member of the ad hoc University Pandemic H1N1 Group Committee College Committees 2012 to present Member of the College Information Technology Committee 2011 Intramural Awards Reviewer for 2008 to 2011 Member of the College Information Technology Committee Department Committees 2011 to present Member of the Program Committee 2011 to present Member of the Comprehensive Exam Committee 2011 to present Member of the Colloquia/Workshop Committee 2008 to present Track Coordinator of the Environmental and Occupational Health and Safety (EOHS) Track in the Dept. of Health Science 2008 to present Lead Faculty Advisor for Environmental and Occupational Health and Safety track 2014 to 2015 Member of the Department Personnel Committee 2013 to 2015 Chair of the Admission Committee 2012 to 2014 Member of the Space and Equipment Committee Department of Health Science 121 2012 Member of the Full Time Lecturer Search Committee 2011 to 2013 Member of the Admissions Committee 2011 to 2012 Member of the Awards and Scholarship Committee 2011 Member of the Undergraduate Assessment Committee 2010 Chair of the Faculty Search Committee 2009 Member of the Faculty Search Committee Community Presentations 2014 \u201cFacts & Myths about OC\u2019s Drinking Water,\u201d Orange County Nutrition & Physical Activity Collaborative (NuPAC), May 15th, 2014 2010 \u201cRethink your Drink,\u201d Orange County Nutrition & Physical Activity Collaborative (NuPAC), December 3rd, 2010 (2008 to present) Nancy Truong, \u201cMost prevalent risk factors for food-borne illnesses in Riverside County\u2019s food facilities,\u201d in progress (estimated completion date \u2013 Summer 2015) Eric Shearer, \u201cExamining the correlation between active managerial control and number of major violations in Orange County food facilities,\u201d in progress (estimated completion date \u2013 Spring 2015) Shaza Almowlad, Asthmatic education progress between Saudi Arabia and the U.S.,\u201d in progress (estimated completion date \u2013 Spring 2015) Matthew DesRosier, \u201cConsumer knowledge of the environmental impacts associated with hybrid and electric vehicle technology,\u201d completed (Fall 2014) Juan Lopez, \u201cSurvey of laboratory response network sentinel sites in Los Angeles County,\u201d completed (Spring 2014) John Ruggiero, \u201cSmart meter technology adoption: end-user shifts in electricity-use behavior,\u201d completed (Fall 2013) Jay Hakimi study of the effects of house cleaning on indoor airborne Aspergillus/Penicillium-like mold spores,\u201d completed (Spring 2013) Jee Young Choe, \u201cSun protection behaviors of southern California athletically active students,\u201d completed (Spring 2013) Carlos Janer, \u201cAssessing the scrap tire management problems in Columbia,\u201d completed (Spring 2012) Pauline Bui, \u201cknowledge, risk perception, and barriers related to tuberculosis screening and treatment among foreign born Vietnamese in Orange County,\u201d completed (Fall 2011) Patrick McGuire, \u201cConcerns of rising carbon emissions and the perceptions of ocean acidification,\u201d completed (Fall 2011) Michael Haines, \u201cPromotion of physical activity for children with moderate persistent asthma,\u201d completed (Spring 2011) Jennifer Lange, \u201cFish don\u2019t need antidepressants: testing and spreading knowledge about proper disposal methods of pharmaceuticals,\u201d completed (Spring 2011 Department of Health Science 122 Kathleen Linson, \u201cIncreasing awareness and availability of information on outdoor air pollution and health risks among Hispanic parents with elementary school children through educational outreach,\u201d completed (Spring 2011) Catherine Meh, \u201cMelanin a friend or foe comparison knowledge, attitude and protective behavior towards skin cancer in African American college students in the east and west coasts,\u201d completed (Spring 2011) Meggie Nguyen study of energy drink consumption patterns among college students who play video games regularly,\u201d completed (Spring 2011) Gladys Ramsey, \u201cAnabolic-androgenic steroid use among adolescent athletes,\u201d completed (Spring 2011) Ann Timmons, \u201cEducational video via web delivery; regarding water reuse in Orange county, CA\u201d, completed (Spring 2011) Patrick Yoshinaga, \u201cHeritability of Optic Neuritis,\u201d completed (Spring 2011) Rene Burmudez, \u201cNetwork design and probe siting criteria assessment: South Coast air monitoring network,\u201d completed (Spring 2010 - Continued Jacqueline Hadorn, \u201cCollege Students Misconceptions Between Knowledge and the Appropriate Use of Antibiotic Use,\u201d completed (Spring 2010) Jess Sandoval, \u201cphytoscreening and phytoremediation with eucalyptus trees,\u201d completed (Spring 2010) Terry Chiang, \u201cAnalysis of Conventional Technologies for Food Waste Management in California\u201d completed (Fall 2009) Mary Ellen Montoya, \u201cWest Nile virus in Orange County,\u201d completed (Summer 2009) Mai N. Tran, \u201cComparison of organic versus conventional fruits nutritional values and health hazards,\u201d completed (Summer 2009) Sakineh Khalaghizadeh, \u201cIron deficiency detected by estimation of body iron in a primary care population: prevalence and etiology,\u201d completed (Spring 2009) Gretchen Akemi Ratliff, \u201cDiesel health effects and diesel vehicle idling in environmental justice communities,\u201d completed (Spring 2009 Department of Health Science 123 Department of Health Science California State University, Fullerton 800 N. State College Boulevard, Fullerton 92834-6870 Phone: (657) 278- 5423; Email: [email protected] 2005-2010 University of California, Los Angeles Department of Community Health Sciences DrPH Public Health Minor: Biostatistics 2002-2003 London School of Hygiene and Tropical Medicine MSc Public Health Nutrition 1998-2001 American University of Beirut BSc Nutrition and Dietetics 2013 Global Certification Certified Base Program Programmer 2010-2013 Public Health Foundation Postdoctoral Training Enterprises 2001-2002 Hotel Dieu de France Internship in Dietetics Hospital, Beirut 2002 Fitness, London Pre & Post Natal Gym Instructor 2001 Fitness, London Gym Instructor Department of Health Science 124 2013-present California State University, Fullerton Department of Health Science Assistant Professor 2010-2013 Public Health Foundation Enterprises Postdoctoral Researcher 2005-2010 University of California, Los Angeles Center for Health Policy Research/School of Public Health Graduate Student Researcher 2003-2005 American University of Beirut Department of Nutrition and Food Sciences Instructor 2004-2005 American University of Beirut Department of Nutrition and Food Sciences Research Analyst 2003 Medical Research Council, The Gambia Project Manager for the project \u201cEffect of Reduced Salt Intake on Urinary Calcium Excretion in PostMenopausal Women in Rural Gambia \u2022 Koleilat, M. & Whaley, S.E. (under review). Reliability and validity of food frequency questions to assess beverages and food groups intakes among low-income 2- to 4-year-old children. Journal of the Academy of Nutrition and Dietetics. \u2022 Lee, S.C., Koleilat, M., Hernandez, L. M., Whaley, S. E., Davis, J.N. (under review). Screen time linked to unhealthy diets in low -income children. Journal of Nutrition Education and Behavior Department of Health Science 125 \u2022 Kodjebacheva, G., Koleilat, M., Kruger, D.J. (in press). Depressive symptoms mediate the association between fear of crime and higher body mass index. American Journal for Health Promotion. doi: \u2022 Chaparro, M.P., Whaley, S.E., Crespi, C.M., Koleilat, M., Nobari, T.Z., Seto, E., Wang, M.C. (2015). Response to letter to the editor by Joe Brew, Department of Epidemiology, University of Florida Epidemiol Community Health, 69 (8):817. doi: 10.1136/jech-2014- 205344. \u2022 Davis, J.N, Koleilat, M., Shearrer, G.E., Whaley, S.E. (2014). Association of infant feeding and dietary intake on obesity prevalence in low-income toddlers. Obesity, 22 (4), 1103- 1111. doi: 10.1002/oby.20644. \u2022 Langellier, B.A., Chaparro, M.P., Wang, M.C., Koleilat, M., Whaley, S.E. (2014). The new food package and breastfeeding outcomes among participants in Los Angeles County. AJPH, 104 (Suppl.1), S112-8. \u2022 Chaparro, M.P., Whaley, S.E., Crespi, C.M., Koleilat, M., Nobari, T.Z., Seto, E., Wang, M.C. (2014). Influences of the neighborhood food environment on adiposity of low-income preschoolaged children in Los Angeles County: a longitudinal study Epidemiol Community Health, 0, 17. Advance online publication. doi:10.1136/jech-2014-204034. \u2022 Chaparro, M.P., Langellier, B.A., Wang, M.C., Koleilat, M., Whaley, S.E. (2014). Effects of parental nativity and length of stay in the U.S. on fruit and vegetable intake among WIC- enrolled preschool-aged children. Journal of Immigrant and Minority Health. Advance online publication. doi: 10.1007/s10903-014-0097-5 (PEER-REVIEWED) \u2022 Koleilat, M., Vargas, N., Kodjebacheva, G. Perceived enablers and barriers to physical activity among pregnant participants in Southern California. \u2022 Koleilat, M., Kim, L.P., Whaley, S.E. Improving periconceptional health through the prevention of excessive gestational weight gain: from research to intervention. \u2022 Kim, L.P., Koleilat, M., Whaley, S.E. Qualitative evaluation of barriers to appropriate gestational weight gain among participants in the Special Supplemental Nutrition Program for Women, Infants and Children (WIC). \u2022 Whaley, S. E., Koleilat, M., Leonard, S. Breastfeeding is associated with reduced early childhood obesity in low -income Hispanic population Department of Health Science 126 \u2022 Koleilat, M., Vargas, N., Bell, S.T., Whaley, S.E. (2014). Self-reported pre-pregnancy weight versus weight measured in the first trimester among participants of the Special Supplemental Nutrition Program for Women, Infants and Children (WIC). \u2022 Koleilat, M., Bell, S.T., Vargas, N., Molina, M., Whaley, S.E. Perceived pre- pregnancy weight status among participants of the Special Supplemental Nutrition Program for Women, Infants and Children (WIC). \u2022 Vargas, N., Koleilat, M., Pelina, A.V., Bell, S.T., Whaley, S.E. Beliefs regarding weight gain during pregnancy among participants of the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) . \u2022 Koleilat, M., Whaley, S.E. Impact of policy changes on overweight and obesity rates among low-income children participating in the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) in Southern California \u2022 Sadegh-Nobari, T., Wang, M.C., Chaparro, M.P., Crespi, C.M., Koleilat, M., Whaley, S.E. (2013). Immigrant enclaves and obesity in preschool-aged children in Los Angeles County. Social Science & Medicine, 92, 1-8. \u2022 Koleilat, M., & Whaley, S.E. (2013). Trends and predictors of excessive gestational weight gain among participants in Southern California. Matern Child Health J, 17(8), 1399-1404. doi:10.1007/s10995-012-1140-6.. doi:10.1007/s10995-012-1140-6. \u2022 Sekhobo, J., Whaley, S.E., Edmunds, L., Koleilat, M. (2013, January 18). Obesity prevalence among children enrolled in in Los Angeles and New York, 2003-2011 Morbidity and Mortality Weekly Reports. Retrieved from \u2022 Koleilat, M., Whaley, S.E., Afifi, A., Estrada, L., Harrison, G.G. (2012). Understanding the relationship between and early childhood obesity among participants in Los Angeles County using GeoDa spatial statistics software. Online Journal of Public Health Informatics, 4 (1). ojphi.v4i1.3936. doi: 10.5210/ojphi.v4i1.3936. \u2022 Koleilat, M., Harrison, G.G., Whaley, S.E., McGregor, S., Jenks,E., Afifi, A. (2012). Preschool enrollment is associated with lower odds of childhood obesity among participants in County. Matern Child Health J, 16(3), 706-712. \u2022 Whaley, S., Koleilat, M., Whaley, M., Gomez, J., Meehan, K., Saluja, K. (2012). Policy changes impact infant feeding decision among low-income women participating in WIC. American Journal of Public Health, 102(12), 2269-2273. doi: 10.2105/AJPH.2012.300770. \u2022 Whaley, S., Koleilat, M., Jiang, Lu. (2012 administrative records are a valid measure of infant feeding practices Hum Lact, 28(2), 134-138 Department of Health Science 127 \u2022 Hwalla, N., Koleilat, M. (2004). Dietetic Practice: the Past, Present and Future. East Mediterr Health J, 10(6), 716-30 (UNREFEREED) Harrison, G.G., Jenks, E., McGregor, S., Koleilat, M. (2007 program participation and early childhood overweight. (Working Paper No. CCPR-036-07). Retrieved from California Center for Population Research website: 07. Contributing Author Contributed to the review and development of the chapter on nutrition and food safety in a general introductory textbook on public health: Tulchinsky, T.H., & Varavikova, E.A. (2008). The new public health, second edition: an introduction for the 21st century. Waltham, Massachusetts: Academic Press. Chapter Author Wrote the \"Arabic Chapter.\" In: . Donaldson, R.I., & Horeczko, T. (2010). Tarascon medical translation pocketbook. Sudbury, Massachusetts: Jones and Bartlett Publishers \u2022 Pelina, A.V., Koleilat, M., Whaley, S.E. (2015, October). Impact of the food package change: a literature review. Selected and confirmed for poster presentation during the 143rd Annual Meeting and Exposition, Chicago, IL. \u2022 Koleilat, M., & Whaley, S.E. (2015, October). Impact of policy changes on gestational weight gain among Low-Income pregnant women participating in the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). Selected and confirmed for poster presentation during the 143rd Annual Meeting and Exposition, Chicago, IL. \u2022 Koleilat, M., Whaley, S.E. (2015, October). Examination of the recent revisions to the food packages on early childhood obesity: potential for mediation through breastfeeding and gestational weight gain. Selected and confirmed for poster presentation during the 143rd Annual Meeting and Exposition, Chicago Department of Health Science 128 \u2022 Koleilat, M., Kim, L.P., Whaley, S.E. (2015, August). Improving periconceptional health through the prevention of excessive gestational weight gain: from research to intervention. Oral presentation at the WIC\u2019s Impact on Periconceptional Nutrition Conference, Alexandria, VA. \u2022 Koleilat, M., Kim, L.P., Whaley, S.E. (2015, May). Focusing on excessive gestational weight gain through education. Oral presentation at the National Association Annual Conference, Los Angeles, CA. \u2022 Pelina, A.V., Koleilat, M., Whaley, S.E. (2015, April). Effects of the food package revisions. Poster presentation at the 2015 Student Creative Activities and Research Day, Fullerton, CA. \u2022 Koleilat, M., Vargas, N., Bell, S.T., Whaley, S.E. (2015, March). Self-reported prepregnancy weight versus weight measured in the first trimester among participants of the Special Supplemental Nutrition Program for Women, Infants and Children (WIC). (2015, March). Oral presentation at the Experimental Biology Conference, Boston, MA. \u2022 Koleilat, M., Bell, S.T., Vargas, N., Molina, M., Whaley, S.E. (2015, March). Perceived pre- pregnancy weight status among participants of the Special Supplemental Nutrition Program for Women, Infants and Children (WIC). Oral presentation at the Experimental Biology Conference, Boston, MA. \u2022 Koleilat, M., Vargas, N., Pelina, A.V., Bell, S.T., Whaley, S.E. (2015, March). Beliefs regarding weight gain during pregnancy among participants of the Special Supplemental Nutrition Program for Women, Infants and Children (WIC). Oral presentation at the Experimental Biology Conference, Boston, MA. \u2022 Koleilat, M., Whaley, S.E. (2014, November). Impact of policy changes on overweight and obesity rates among low-income children participating in the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) in Southern California. Oral presentation at the 142nd Annual Meeting & Exposition, New Orleans, LA. \u2022 Koleilat, M., Jiang, L., Whaley, S.E. (2014, April). Validity and reliability of food frequency questions to assess beverages, fruits and vegetables, and sweetened food intakes among 2- to 4- year old children. Poster presentation at the Experimental Biology Conference, San Diego, CA. \u2022 Kim, L.P., Koleilat, M., Whaley, S.E. (2014, April). Qualitative evaluation of barriers to appropriate gestational weight gain among participants in the Special Supplemental Nutrition Program for Women, Infants and Children (WIC). Poster presentation at the Experimental Biology Conference, San Diego Department of Health Science 129 \u2022 Koleilat, M., Kim, L.P., Whaley, S.E. (2013, April). Improving periconceptional health among participants through the prevention of excessive gestational weight gain: from research to intervention (focus on study design). Poster presentation at the Experimental Biology Conference, Boston, MA. Sekhobo, J., Whaley, S.E., Edmunds, L., Koleilat, M., Jiang, L. (2012, October). Obesity prevalence among children enrolled in in Los Angeles and New York, 2003-2011. Poster presentation at Annual Meeting & Exposition Conference, San Francisco, CA. Koleilat, M., Whaley, S., Gee, D. (2012, April). Trends and predictors of excessive gestational weight gain among Hispanic participants in Southern California. Oral presentation at the Experimental Biology Conference, San Diego, CA. Koleilat, M., Whaley, S., Jiang, L. (2012, April). Maternal hospital experiences and breastfeeding success among participants in Los Angeles County. Oral presentation at the Experimental Biology Conference, San Diego, CA. Whaley, S. E., Koleilat, M. & Whaley, M. (2012, April). Breastfeeding & obesity policy changes increase breastfeeding rates and reduce obesity at age four. Oral presentation at the Experimental Biology Conference, San Diego, CA. Koleilat, M., Whaley, S., Harrison, G. (2011, April). Gestational weight gain, birth weight and childhood obesity in low-income families. Poster presentation at the Experimental Biology Conference, Washington, DC. Koleilat, M., Harrison, G., Whaley, S., Gomez, J., Jenks, E. (2010, April). Convenience stores are associated with early childhood obesity in low-income households. Poster presentation at the Experimental Biology Conference, Anaheim, CA. Koleilat, M., Harrison, G.G., McGregor, S., Jenks, E. (2008, October). Preschool enrollment is associated with lower risk of early childhood overweight among participants. Poster presentation at the NAASO, The Obesity Society Annual Scientific Meeting, Phoenix, AZ. Koleilat, M., Harrison, G.G., McGregor, S., Jenks, E. (2008, October). Birthweight and childhood overweight among participants. Poster presentation at the 136th Annual Meeting & Exposition, San Diego, CA. Harrison, G.G., Jenks, E., Afifi, A., McGregor, S., Whaley, S., Gomez, J., Koleilat, M. (2008, May). The role of in early childhood overweight. Oral presentation at the California Association Annual Conference, San Diego, CA. Koleilat, M. (2008, April). Geospatial patterns of childhood overweight in areas of Los Angeles County. Poster presentation at the Southern California Public Health Association (SCPHA) Annual Conference in Association with Southern California Society for Public Health Education SOPHE), Long Beach, CA. (Winner Poster: awarded 1st Place Department of Health Science 130 Harrison, G.G., Jenks, E., Afifi, A., McGregor, S., Whaley, S., Gomez, J., Koleilat, M. (2008, April). Total family time participating in does not predict childhood overweight. Oral presentation at the Experimental Biology Conference, San Diego, CA. Kim, L.P., Harrison, G.G., Koleilat, M., McGregor, S., Jenks, E. (2008, April). Milk consumption patterns among Hispanic mothers and their children. Oral presentation at the Experimental Biology Conference, San Diego 2014-2015: Identifying enablers and barriers to physical activity among pregnant participants of the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), Incentive Grant Award ($10,000) Role: Principal Investigator 2014-2015: Evaluating the impacts of the revised food packages on weight gain during pregnancy, breastfeeding practices, and childhood obesity in low-income families, Intramural Junior Research Award ($2,481 & 3 WTUs) Role: Principal Investigator 2012-2015: \u201cImproving periconceptional health through the prevention of excessive gestational weight gain: from research to intervention ($72, 000) Role: Principal Investigator 2013-present: California State University, Fullerton (CSUF) Department of Health Science: \u2022 Vital Link to Better Health 350): This course provides an overview of the principles of nutritional science Department of Health Science 131 \u2022 Measurement and Statistics in Health Science 349): This course provides students with an understanding of measurement theory and statistics commonly used in the evaluation of human health and performance. 2009 Center for Health Policy Research: \u2022 Basic Statistics and Data Management created and taught a two-week intensive course in basic statistics and data management using to visiting international public health professionals conducting a national health survey in Kuwait. 2006: University of California, Los Angeles (UCLA) Department of Community Health Sciences: Teaching assistant for Maternal and Child Nutrition 231). 2003- 2005: American University of Beirut (AUB) Department of Nutrition and Food Sciences: \u2022 Basic Nutrition 221): This course provides an overview of nutrients, including their food sources, digestion, metabolism, functions, and requirements in humans. \u2022 Nutrition Status Assessment 240): This course exposes students to the theoretical basis of various aspects of nutritional assessment (counseling, dietary assessment, anthropometric measurement, biochemical assays, and clinical assessment). The course also familiarizes students with nutritional status assessment tools and techniques through practical experimentation in the lab. \u2022 Food Service Management 290): This course provides an overview of the techniques of management of functional operation of food service. \u2022 Medical Nutrition Therapy Laboratory 294): This is an intensive laboratory course designed to help students learn and practice the application of the evidence-based medical nutrition therapy for diseases and disorders Undergraduate students: Chad Bykerk 499), Christine Brown 495), Aaron Pelina 494 and research assistant). Graduate Students: Sean Bell (Graduate assistant (GA)), Michael Molina 599), Rachael Moon (Project mentee), Nancy Vargas and thesis mentee), Faviola Mercado (GA), Gloria Flores (Thesis/project mentee Department of Health Science 132 Koleilat, M., & Kim, L.P. Success in reducing gestational weight gain. Professional Development Day for Nutritionists WIC, Irwindale, California, August 18th & 25th, 2015. Koleilat, M. Impact of policy changes on overweight and obesity rates among low-income children participating in WIC. Health Science Faculty Spring Research Seminar, Department of Health Science, CSUF, Fullerton, California, March 18th, 2015. Koleilat, M. Ecological predictors of early childhood obesity among participants of the Special Supplemental Nutrition Program Maternal and Child Health Colloquium, Los Angeles, California, December 1st, 2010. Estrada, L., Koleilat, M. More than pretty pictures: using for analysis of health issues. The UCLA-Semel Institute Center for Community Health, UCLA-Semel Institute Health Services Research Center, Drew Export Center Methods Seminar, Los Angeles, California, March 3rd, 2009. Koleilat, M. Menu planning and the exchange system. Workshop on Diet and Diabetes, Eli Lilly & Co, Damascus, Syria, 2004. Koleilat, M. Medical nutrition therapy and gestational diabetes. Workshop on Diet and Diabetes, Eli Lilly & Co, Damascus, Syria, 2004. Koleilat, M. Exercise and type diabetes. Workshop on Diet and Diabetes, Eli Lilly & Co, Damascus, Syria, 2004. Koleilat, M. Healthy eating. Employee Appreciation Day, Eli Lilly & Co, Beirut, Lebanon, 2004 2015: Co-editor, Californian Journal of Health Promotion 2015: Peer reviewer, International Journal of Obesity 2015: Peer reviewer, Journal of Reproductive and Infant Psychology 2014: Associate editor, Californian Journal of Health Promotion 2014: Peer reviewer, American Journal of Public Health 2013: Peer reviewer, Journal of Nutrition Education and Behavior 2013: Peer reviewer, Journal of Human Lactation 2011: Peer reviewer, International Journal of Behavioral Nutrition and Physical Activity Department of Health Science 133 2015: Co-chair, Awards and Events Committee, Department of Health Science 2014-present: Member, Undergraduate Curriculum Committee, Department of Health Science 2014: Member Admission Committee, Department of Health Science 2006-present: American Society for Nutrition (ASN) 2008-present: American Public Health Association (APHA) 2008-2010: Southern California Public Health Association (SCPHA) 2001-2005: Lebanese Dietetic Association 2008: Member, Global Health Search Committee, School of Public Health 2007: Mentor to incoming graduate students, Department of Community Health Sciences 2005: Consultant, Food Heritage Foundation (non-profit partnership aiming at the conservation of Lebanon\u2019s food heritage and empowerment of rural women), American University of Beirut (AUB) 2004-2005: Member, New Student Orientation Committee 2014 interview on how to avoid the Freshman 15 TV, California, United States 2002 Host, Racklama (kickboxing/fitness program targeting Arabic youth), Zen T.V., Beirut, Lebanon 2001: Anchor for the Health and Nutrition section, Dardachat (talk show targeting Arabic youth), Zen T.V., Beirut, Lebanon Department of Health Science 134 2010: Membership in the (UCLA) Chapter of Delta Omega 2009-2010: Quality of Graduation Fellowship 2008-2009: Juneal Marie Smith Fellowship in International Nutrition 2008: Student Poster Award: Awarded 1st place at the Student Poster Award Competition of the Southern California Public Health Association (SCPHA) and Southern California Society for Public Health Education SOPHE) 2008 Annual Meeting 2005- 2010: Eleanor J. De Benedictis Fellowship in Nutrition 2005: Mellon Summer Seminar Fellowship for the Creative Use of Resources in Course Design 2003: Nestle Travel Scholarship for the Public Health Nutrition Unit, London School of Hygiene and Tropical Medicine (LSHTM) 1999-2001: Dean\u2019s Honor List 2004-2005: Therapeutic Dietitian, Green Shield Office for Medical Services, Beirut, Lebanon. 2001-2002: Fitness Instructor and Clinical Dietitian, Lifestyles Health Club, Beirut, Lebanon. 2000-2001: Dietary Assistant, Dietary Department, American University Hospital, Beirut, Lebanon Fluent in written & spoken English, French, and Arabic Highly proficient with Office Products, SAS, GeoDa (Spatial statistics software), Epi-Info, and (Food processor) Good Knowledge of (Hierarchical linear & nonlinear modeling software), STATA, SPSS, WebCT (Course design software), ArcView software), C-survey (Rapid surveys software), Adobe GoLive (Web design) and Nut-Val spreadsheet application for the planning, calculation and monitoring of the nutritional value of general food rations), Agent Based Modeling_Anylogic Simulation Software Created and designed an interactive website on the management of childhood obesity: Department of Health Science 135 Department of Health Science 136 Vitae Archana Jaiswal McEligot, PhD Professor Department of Health Science California State University Fullerton 800 N. State College Blvd., Room KHS-121 Fullerton 92834 e-mail: [email protected] Phone: (657) 278-3822 Fax: (657) 278-5317 PhD, Public Health (Epidemiology): December 2001 Joint doctoral program in public health (epidemiology), San Diego State University & University of California, San Diego. MS, Biology: June 1995 University of California, San Diego BS, Biochemistry and Cell Biology: June 1994 University of California, San Diego 2012 \u2013 Present Professor, Department of Health Science, California State University Fullerton 2006 \u2013 Present Associate Professor, Department of Health Science, California State University Fullerton 2002 \u2013 2006 Assistant Adjunct Professor, Division of Epidemiology, Department of Medicine, University of California, Irvine 1996 \u2013 2001 Research Associate, University of California, San Diego, Cancer Center, San Diego 1997 \u2013 1998 Teaching Associate for International Health, San Diego State University, San Diego 1993 \u2013 1996 Research Associate, University of California, San Diego, Cancer Center, San Diego Department of Health Science 137 1993 \u2013 1994, 95-96 Smoking Cessation Counselor, University of California, San Diego, Cancer Prevention and Control, San Diego 1990 \u2013 1993 Study Management/Writing Facilitator, Office of Academic Support and Instructional Training, University of California, San Diego, San Diego Awards and Recognitions 1990 Provost Honors 1991 Provost Honors 1993 Provost Honors 2000 Society for Epidemiologic Research, Students Workshop 2006 Marquis Who\u2019s Who 2007 Inside Magazine, cover feature article 2007 Marquis Who\u2019s Who 2007 Eta Sigma Gamma Faculty Recognition Award 2009 Academic Advising Certificate in Excellence 2010 Eta Sigma Gamma Faculty Recognition Award 2010 Faculty Recognition: Research and Highest Quality External Grant Activity 2012 Jewel Plummer Cobb Award for Research and Diversity Education 2013 High Impact Experiential Learning Profile Inside Contracts and grants: 9/25/15 \u2013 6/30/20 Principle Investigator. Big Data Discovery & Diversity through Research Education Advancement & Partnerships (BD3-REAP), NIH/NIMHHD. $1,021,329 09/01/13 \u2013 09/01/15 Principle Investigator. Molecular and Epigenetic Mechanisms of Gender Disparities in Early Onset Melanoma, UCI/ Allan Hubbell Research and Education Fund. $50,000 08/15/11 \u2013 08/14/14 Principle Investigator. Increasing Workforce Diversity: Training Hispanic Students to Address Childhood Obesity and Nutrition, USDA/NIFA. $277,500 08/15/11 \u2013 08/14/14 Principle Investigator. Childhood Obesity and Nutrition Curriculum for a Changing Population. USDA/NIFA, $280,343 08/15/12 \u2013 06/30/13 Principle Investigator. Enhancing laboratory facilities: Metabolic Syndrome, modifiable risk factors and health disparities. CSUF, $11,030 Department of Health Science 138 10/01/05 \u2013 08/31/11 Principal Investigator. Diet repair genes and breast cancer risk. NIH/NCI, $485,000 05/01/07 \u2013 04/30/09 Project leader. Behavior and beliefs related to diet in Native Hawaiians in Southern California. NIH/NCI, $71,872 04/10/07 \u2013 3/31/09 Co-Investigator/Lead project director for nutritional assessments. Physical activity and nutrition among Pacific Islander youth: an exploratory study. NIH/NCI, $353,327 04/1/11 \u2013 06/30/12 Principle Investigator. Chronic Disease and Health Behaviors in Pacific Islanders and Native Hawaiians in Southern California. CSUF, $10,000. 07/1/09 - 06/30/10 Co-Principle Investigator. Assessing and pilot testing an urban garden. Health Promotion Research Institute Mini-Grant. CSUF, $1,500. 09/01/07 \u2013 06/01/08 Project lead/ Principle Investigator. Promoting the Health of Faculty, Staff, Students, and Community. Mission and Goals Initiative; CSUF, $12,000 11/01/06 \u2013 09/30/07 Principal Investigator. Exploration of the Mediterranean diet in a Screening Study for Prostatic Disease In a Lebanese Population. Intramural/CSUF, $5,000 12/01/06 \u2013 06/30/07 Project Director. The Optimal Nutrition, Health Eating and Behaviors (ONHEB) Program. Intramural/CSUF, $15,000 06/01/07 \u2013 08/30/07 Principal Investigator. Folate sub-species investigation and analysis. New Faculty Summer Stipend/CSUF, $6000 07/01/04 \u2013 06/29/05 Principal Investigator. Support and Enhancement of the Existing Cancer Registry in California. Centers for Disease Control (Subcontract UCI), (one year direct cost) $335,937 09/01/03-01/31/04 Principal Investigator. Treatment Lifestyle Factors and 5-Year Breast Cancer Survival. Cancer Center UCI, $ 11,000 07/01/03-06/30/05 Co-Principal Investigator. Cancer Surveillance Program of Orange County/San Diego Imperial Organization for Cancer Control. California Public Health Foundation, (one year direct cost) $900,295 (Until 07). 09/30/98-07/31/03 Co-Investigator. Hereditary Breast and Ovarian Cancer: Genetic and Molecular Studies. NIH/NCI, (one year direct cost) $447,767 Department of Health Science 139 07/01/00 \u2013 06/30/02 Principal Investigator. Relationships Between Smoking, Homocysteine and Folate. Tobacco-Related Disease Research Program, UC, $50,000 Invited Presentations (in chronological order) 1. McEligot AJ. Epidemiology of Breast Cancer. University of California, San Diego Epidemiology Seminar Series, San Diego, CA, 1999. 2. McEligot AJ. Plasma carotenoids and homocysteine concentrations in a dietary intervention trial. University of California, Irvine, Epidemiology Speaker Series, 2001. 3. McEligot AJ. Vegetable, fruit and dietary fat intakes and breast cancer risk. University of California, Irvine, Genetics Group Speaker Series, Irvine 2002. 4. McEligot AJ. Nutrition, genetics and breast cancer in a population-based study of hereditary breast cancer. University of California, Irvine, School of Medicine Grand Rounds, Irvine 2002. 5. McEligot AJ. Nutrition and cancer in a population-based study of hereditary breast cancer. University of California, Irvine, Health Policy and Research Seminar, Irvine 2002. 6. McEligot AJ. Nutrition and a Healthful Lifestyle. American Association of University Women, Laguna Beach, CA, 2003. 7. McEligot AJ. Diet, Lifestyle and Cancer Risk. American Cancer Society Advisory Group. Irvine 2005. 8. McEligot AJ. Diet, Nutrition and Cancer. Cancer Registrars Education Workshop. Irvine 2005. 9. McEligot AJ. Nutritional Therapies for Chronic Pain and Optimal Health. Fibromyalgia Awareness Means Everything. Fullerton, CA, May 2007. 10. McEligot AJ. Lifestyle/Environmental Factors & Cancer Risk. Minority Training Program Department of Health Science 140 in Cancer Control Research. Los Angeles, CA, June 2007. 11. McEligot AJ. Nutrition and Health. Southern California University of Health Sciences. Whittier, CA, November 2007. 12. McEligot AJ. Genes and Diet in association with colon cancer risk Colon Cancer Prevention Planning Retreat. Irvine, CA, March 2008. 13. McEligot, AJ., M., Ziogas, A., Anton-Culver, A. Nutrition for optimum health. The role of diet in cancer prevention. Susan G. Komen Annual Breast Health Conference. Anaheim, CA, March 2008. 14. McEligot, AJ. Nutrition Research at CSUF. Nutrition & Wellness Novel and Multidisciplinary Approach. Fullerton, CA, April 2008. 15. McEligot, AJ., M., Ziogas, A., Anton-Culver, A. Lifestyle/Environmental Factors & Cancer Risk. Minority Training Program in Cancer Control Research. UCLA, Los Angeles, CA, June 2008. 16. McEligot AJ. Diet, behavior and beliefs survey in Native Hawaiians in Southern California. 2009 He Huliau Conference Turning Point; Eliminating Health Disparities in Native and Pacific Peoples. Costa Mesa, CA, February 2009. 17. McEligot AJ. Diet, nutrition and breast cancer. Susan G. Komen Foundation Annual Breast Health Symposium. Anaheim, CA, March 2009. 18. McEligot AJ. Diet, attitude and beliefs: focus on health disparities in Native Hawaiians. Compassionate Care to a Diverse Population. Fullerton, CA, November 2010. 19. McEligot AJ. Intervention Research: What to do about it\". Minority Training Program in Cancer Control Research, UCLA, Los Angeles, CA, June 2011 (Invited, however was unable to attend). 20. McEligot AJ. Working with Diverse Communities and Students. Inaugural Research Week, Fullerton, CA, March 2013 21. McEligot AJ. Nutrition and Health Biosocial Context in a Changing World Epidemiology Seminar Series, April 2013 22. McEligot AJ, Gonzalez E. & Chandler C. Comidas y Comunidades Saludables Healthy Foods and Communities Approach. CSUF, Latinos and the City: Grassroots Visions for Healthy Communities, April 2014 23. McEligot AJ, Gonzalez E. Chandler C. & Espinoza A. Comidas y Comunidades Saludables: Best Approaches for Training Diverse Students in Nutrition and Childhood Obesity. c, Santa Barbara, CA, February 2015 Department of Health Science 141 Peer-reviewed presentations at other meetings (Oral and Abstracts) \u2013 In chronological order 1. Jaiswal AI, Croft, M. Role of accessory molecules during induction of CD40 on cell subsets. Keystone Symposia on Molecular and Cellular Biology, Hilton Head, SC, 1996. 2. Croft M, Jaiswal AI. Role of accessory molecules during induction of CD40 on cell subsets. Annual meeting of American Association of Immunologists, New Orleans, LA, 1996. 3. McEligot AJ, Rock CL, Sobo EJ, Flatt SW, Marx RD, Wilfley D, Pierce JP. Dietary restriction and eating pathology in breast cancer survivors: a pilot study. International Conference on Eating Disorders, New York, NY, 1998. 4. McEligot AJ, Rock CL, Flatt SW, Newman V, Faerber S, Pierce JP. Serum carotenoid response to vegetable juice as compared to vegetables and fruit in a diet intervention study. Experimental Biology annual meeting, San Francisco Journal, v. 12, n. 4, 1998: A554. 5. McEligot AJ, Rock CL, Newman V, Sanborn KA, Pierce JP. Plasma carotenoids and intakes at 3 \u2013 yr follow-up in a feasibility study of high-vegetable diet to prevent breast cancer recurrence. Experimental Biology annual meeting, Washington Journal, v. 13, n. 4 1, 1999: A554. 6. McEligot AJ, Rock CL, Sobo EJ. Emotional and somatic overeating outcomes in breast cancer survivors. The Academy for Eating Disorders annual meeting, San Diego, CA, 1999. 7. Rock CL, McEligot AJ, Newman V, Faerber S, Sanborn KA, Pierce JP. Plasma carotenoid concentrations at 1-year and 3-year follow-up in a feasibility study of a high-vegetable diet to prevent breast cancer recurrence. 12th International Carotenoid Symposium, Cairns, Australia, 1999. 8. McEligot AJ, Rock CL, Gilpin E, Newman V, Pierce JP. Is there an association between high fiber intake and abdominal discomfort? Experimental Biology annual meeting, San Diego, CA, 2000. 9. McEligot AJ, Rock CL, Gilpin E, Newman V, Pierce JP. High dietary fiber intake is not associated with adverse abdominal symptoms. San Diego Epidemiology Exchange, San Diego, CA, 2000. 10. McEligot AJ, Rock CL, Gilpin E, Newman V, Pierce JP. Biomarkers and Behavior: Relationships between homocysteine and folate, exercise and smoking. The 33rd annual meeting of the Society for Epidemiologic Research Student Workshop, Seattle, WA, 2000. 11. McEligot AJ, Rock CL, Gilpin EA, Pierce JP. Homocysteine and folate concentrations in smokers and non-smokers enrolled in a diet intervention trial. Society for Epidemiologic Research, Palm Desert 2002 Department of Health Science 142 12. McEligot AJ, Wenzel L, Largent J, Ziogas and Anton-Culver H. Factors Associated with Complementary and Alternative Medicine Use Among Breast Cancer Patients With and Without a Family History of Breast or Ovarian Cancer. The Fourth Annual Tamkin Medical Education Symposium, Irvine 2002. 13. McEligot AJ, Wenzel L, Largent J, Ziogas and Anton-Culver H. Relationships between dietary intake and complementary and alternative medicine (CAM) use among breast cancer patients. International Conference on Complementary and Alternative Medicine. Newport Beach, CA, September 2002. 14. McEligot AJ, Largent J, Ziogas and Anton-Culver H. Dietary intakes in women with breast cancer enrolled in a population-based family registry for breast and ovarian cancer. 10th Annual Faculty Research Poster Session, Irvine 2003. 15. McEligot AJ, Largent J, Ziogas and Anton-Culver H. Vegetable fruit, fiber and fat intakes in women with breast cancer enrolled in a population-based family registry for breast and ovarian cancer. Experimental Biology annual meeting, San Diego Journal, v. 17, n. 4 1, 2003: 267.4. 16. McEligot AJ, Wenzel L, Largent J, Ziogas and Anton-Culver H. Relationships between dietary intake and complementary and alternative medicine (CAM) use among breast cancer patients. International Conference on Complementary and Alternative Medicine. Newport Beach, CA, September 2003. 17. McEligot AJ, Largent J, Ziogas A, Cohen and Anton-Culver H. Dietary Intakes of Fat (% energy), Fiber, Vegetable and Fruit, and Overall Survival in Women Diagnosed with Breast Cancer. California Association of Regional Cancer Registries and The California Cancer Registry (CARCR), Newport Beach 2004. 18. McEligot AJ, John E. Dietary biomarkers and dietary assessment in youth. Breast Cooperative Family Registries. San Francisco, CA, 2004. 19. McEligot AJ, Largent J, Ziogas A, Cohen and Anton-Culver H. Dietary intakes of fat (% energy), fiber, vegetable and fruit, and overall survival in women diagnosed with breast cancer. 16th Annual California Cancer Registry Conference, Newport Beach, CA, 2004. 20. McEligot AJ, Im T, Hoang H, Anton-Culver H. Feasibility of abstracting height, weight, alcohol use and smoking data from medical records and their relation to breast cancer prognostic factors. California Cancer Registry Technical Conference, Monterey, CA, 2004 Department of Health Science 143 21. McEligot AJ, Largent J, Ziogas and Anton-Culver H. Vegetable, fruit, fiber and fat intakes in women with breast cancer enrolled in a population-based family registry for breast and ovarian cancer. 16th Annual California Cancer Registry Conference, Newport Beach, CA, 2004. 22. McEligot AJ, Largent J, Ziogas A, Cohen and Anton-Culver H. Is Diet Associated with Overall Survival After Breast Cancer Diagnosis? 11th Annual Faculty Research Poster Session, Irvine 2004. 23. McEligot AJ, Wenzel L, Largent J, Ziogas and Anton-Culver H. Relationships between dietary intake and complementary and alternative medicine (CAM) use among breast cancer patients. California Association of Regional Cancer Registries and The California Cancer Registry (CARCR), San Francisco 2005. 24. McEligot AJ. Production and Research Progress in Region 7/10. California Cancer Registry Technical Conference, Tahoe, NV, 2005. 25. McEligot AJ, Farias A, Im T, Habbal R, Anton-Culver H. Weight, Smoking, and Alcohol Use are Associated with 7- year Overall Survival After Breast Cancer Diagnosis. Conference on Community Engagement, CSUF, CA, September 2006. 26. Farias A, McEligot AJ, Im T, Habbal T, Anton-Culver, H. Body Mass Index, Weight, Smoking and Alcohol Use are associated with 7- year Overall Survival After Breast Cancer Diagnosis. Cancer Survivorship: Embracing the Future conference, co-sponsored by the National Cancer Institute (NCI), the American Cancer Society (ACS), and the Lance Armstrong Foundation (LAF). Bethesda, MD, October 2006. 27. McEligot, AJ., Mouttapa, M., Ziogas, A., Anton-Culver, A. Vegetable, fruit, fiber and fat intakes, and in women at high-risk for breast and ovarian cancer. American Association for Cancer Research (AACR). Los Angeles, CA, April 2007. Abstracts were published in the proceedings. 28. Brackett, C, Merrill V, McEligot AJ, Bock J. Malnutrition rehabilitation and prevention in Rwandan children: Measuring impact and sustainability of a rural intervention. APHA, Washington DC, November 2007. 29. McEligot, AJ, Ziogas A, Anton-Culver A. The association between dietary intakes, and circulating folate concentrations with overall survival in women diagnosed with breast cancer 50th Anniversary Research Conference. Fullerton, CA, March 2008. 30. McEligot AJ, Ziogas, A, Anton-Culver A. Elevated plasma folate concentrations and dietary folate are associated with overall survival after breast cancer diagnosis. Experimental Biology 2008. San Diego, CA, April 2008 Department of Health Science 144 31. McEligot AJ, Bone M, Pang K, Lenard P, Ngewa R, Winston S, Tanjasiri S. Behavior and beliefs related to diet in Native Hawaiians in Southern California. Cancer Health Disparities Summit 2008. Bethesda, MD, July 2008. 32. McEligot AJ, McMullin J, Pang K, Bone M, Tanjasiri S, Winston and Ngewa R. Assessing diet, body mass index and other characteristics in Native Hawaiians in Southern California. 2009 Cancer Health Disparities Conference. Carefree, AZ, February 2009. 33. Wallace S, Robertson TP, Mouttapa M, Weiss JW, McEligot AJ. Evaluating the effectiveness of the Personal Nutrition Planner: an online intervention aimed at women ages 21- 65. Experimental Biology 2009. New Orleans, LA, April 2009. 34. Robertson, TP, Mouttapa M, Wallace S, Weiss JW, McEligot AJ. Results of a tailored internet plus e-mail intervention to improve women\u2019s food choices. 2009 Food & Nutrition Conference and Expo (FNCE). Denver, CO, October 2009. 35. Mouttapa M, Weiss JW, McEligot AJ, Robertson T, Trinh L, Ora A. Dairy Council of California\u2019s Personal Nutrition Planner: Results of the online tool among women. The American Public Health Association Annual Conference. Philadelphia, PA. November 2009. 36. McEligot AJ, Ziogas A, Anton-Culver A. The association between serum folate and folate sub-species with overall survival after breast cancer diagnosis. Experimental Biology 2010. Anaheim, CA. April 2010. 37. McEligot AJ, Alano RE, Johnson SE, McMahan S, Cullin J, Nguyen T, Anozie J. Eating behaviors, fitness and body mass index in a multi-ethnic college-aged population. Experimental Biology 2010. Anaheim, CA. April 2010. 38. Alano R, McEligot AJ, Johnson S, McMahan S, Mullapudi L, Sassarini F. The associations between sleep quality and eating patterns in young adults. Experimental Biology 2010. Anaheim, CA. April 2010. 39. Johnson SE, McEligot AJ, Cullin J, Alano R, McMahan S, Cunningham, Sandoval N. Information and decision-making regarding food choices by undergraduate students. Experimental Biology 2010. Anaheim, CA. April 2010. 40. McEligot AJ, Ziogas A, Anton-Culver A. The association between serum folate and folate sub-species with overall survival after breast cancer diagnosis. University of California Irvine, Annual Medical School Poster Session. Orange, CA. May 2010. 41. McEligot AJ, Ziogas A, Anton-Culver gene polymorphisms are associated with circulating folate and folate sub-species concentrations. Experimental Biology 2011. Washington DC. April 2011 Department of Health Science 145 42. McEligot, A.J., Gonzalez, E., Chandler, L., Tran, N., Pillazar, L. Nutrition, Obesity and Policy in Hispanic Communities Project Directors Meeting. Washington DC. November 2011 43. McEligot, A.J., Ziogas, A., Anton-Culver, A. Interactions between XRCC3 polymorphisms and circulating folate concentrations on survival after breast cancer diagnosis. Experimental Biology 2012. San Diego, CA. April 2012 44. McEligot, A.J., Ziogas, A., Anton-Culver gene polymorphisms and circulating folate concentrations are associated with survival after breast cancer diagnosis. Experimental Biology 2012. San Diego, CA. April 2012 45. Spieckerman, A., & McEligot, A.J. Attitudes and Behaviors Related to Locally Grown and Sustainable Foods in a Multiethnic Population. Experimental Biology 2012. San Diego, CA. April 2012. 46. McEligot, A.J., Gonzalez, E., Chandler, L., Tran, N., Pillazar, L. Comidas y Comunidades Saludables (CCS) \u2013 Health Foods and Communities Project Directors Meeting. Edinburg, TX. May 2012 47. McEligot, A.J., Johnson S.E., Alano, R., McMahan, S. Obesity for the Changing World. Obesity Prevention Symposium. Fullerton, CA. May 2012 48. Tran, N.A., McEligot, A.J., Steinberg F., Chandler L., Pillazar L. Factors Influencing Undergraduate Students\u2019 Intentions to Pursue Careers in Health Sciences. Southern California Public Health Association, November 2012, Pasadena 49. McEligot A.J. & Liu, F. Molecular and Epigenetic Mechanisms of Gender Disparities in early onset melanoma Retreat, Palm Springs, November 2013 50. Bell, B., McEligot A.J., Chandler, L., Tran, N., Pillazar, L. Cultural Context and Career Choice: Pursuing a Future in Nutrition Annual Student Research Presentation, Fullerton, CA, April 2014 51. Sanchez, S., McEligot A.J., Distefano. Perceived Benefits of Green Exercise Annual Student Research Presentation, Fullerton, CA, April 2014 52. McEligot, A.J., Chandler, L., Tran, N.A., Pillazar, L., Steinberg, F. Cultural context is associated with intent to pursue nutrition careers in a diverse population. Experimental Biology 2014. San Diego, CA. April 2014 53. Haro Isidro M+, McEligot AJ, Bell S+, Chandler L, Gonzalez E, Tran, N, Pillazar L. Multidisciplinary training on obesity, policy and the built environment increases knowledge, community engagement, and partnerships. Agri-science Education for the 21st Century: Diversity, Access, and Success. November 2014 Department of Health Science 146 54. Diaz M*, Washington A*, Garcia, A, Liu F, McEligot A. Establishing Gender Differentiated Cell Lines and Early Onset Melanoma. 17th Annual Chao Family Comprehensive Cancer Center Scientific Retreat, November 2014, Palm Springs, CA. 55. McEligot AJ, Diaz M*, Washington A*, Garcia, A, Liu F, McEligot A. Establishing Gender Differentiated Cell Lines and Early Onset Melanoma Partnerships Research Forum, January 2015, Orange 56. McEligot AJ, Gonzalez E, Chandler L, Bell S+, Haro Isidro M+, Tran N, Pillazar L+ & Kaiser L. Obesity and nutrition education, integrating structural factors, increases knowledge and applied learning 29:910.3, Experimental Biology, Boston, MA, April 2015. 57. Washington A*, Diaz M*,Garcia, A, Liu F, McEligot A. Malignant cutaneous melanoma, culture sources and gender disparities. 2015 Student Creative Activities and Research Day, April 2015, Fullerton 58. Arce A+, Liu-Smith, F, Farhat AM+, Taylor T, Ziogas A, Wang Z, Yourk V, Liu J, Wu J, McEligot AJ, Anton-Culver H, and Meyskens FL. Gender Difference in the Association of Melanoma Etiology to Exposure. 2015 Student Creative Activities and Research Day, April 2015, Fullerton 59. Bell S+, McEligot AJ, Gonzalez E, Chandler L, Haro Isidro M+, Tran N, Pillazar L+. Multidisciplinary Training on Obesity, Policy and the Built Environment Increases Knowledge, Community Engagement and Partnerships. 2015 Student Creative Activities and Research Day, April 2015, Fullerton 60. Ho`opai U+, Pang K, Kazner C, McEligot AJ, Delafield R, Kaholokula K. Kaleponi (California) Pili `Ohana Partnership for Improving Lifestyle Intervention in Pacific Islanders. 2015 Student Creative Activities and Research Day, April 2015, Fullerton 61. McEligot AJ, Steinberg F, Kaiser L, Chandler L, Pillazar P+. Factors associated with pursing nutrition careers and increased knowledge in diverse students. 2015 North American Colleges and Teachers of Agriculture Conference, June 2015, Athens, GA. Journal articles, peer-reviewed \u2013 In chronological order 1. Jaiswal, A.I., Dubey, C., Swain, S.L., & Croft, M. (1996). Regulation of CD40-Ligand expression on na\u00efve CD4 cells: role for but not co-stimulatory signals. International Immunology, 8(2), 275 \u2013 285. 2. Jaiswal, A.I., & Croft, M. (1997). CD40 ligand induction on cell subsets by peptide- presenting cells: implications for development of the primary and cell response. Journal of Immunology, 159(5), 2282 \u2013 2291 Department of Health Science 147 3. McEligot, A.J., Rock, C.L., Shanks, T.G., Flatt, S.W., Newman, V., Faerber, S., & Pierce, J.P. (1999). Comparison of serum carotenoid responses between women consuming vegetable juice and women consuming raw or cooked vegetables. Cancer Epidemiology, Biomarkers and Prevention, 8(3), 227 \u2013 231. 4. McEligot, A.J., Rock, C.L., Flatt, S.W., Newman, V., Faerber, F., & Pierce, J.P. (1999). Plasma carotenoids are biomarkers of long-term high vegetable intake in women with breast cancer. Journal of Nutrition, 129, 2258-2263. 5. Rock, C.L., McEligot, A.J., Flatt, S.W., Sobo, E.J., Wilfley, D.E., Jones, V.E., Hollenbach, K.A., & Marx, R.D. (2000). Eating pathology and obesity in women at risk for breast cancer recurrence. International Journal of Eating Disorders, 27, 172 \u2013 179. 6. McEligot, A.J., & Rock, C.L. (2000). Carotenoids: biology, function, and action. Support Line, 22, 19 \u2013 24. 7. McEligot, A.J., Rock, C.L., Sobo, E.J., & Flatt, S.W. (2000). Food avoidance by women at risk for breast cancer recurrence. Journal of Cancer Education, 15, 151 - 155. 8. McEligot, A.J., Gilpin, E.A., Rock, C.L., Newman, V., Hollenbach, K.A., Thomson, C.A., & Pierce, J.P. (2002). High dietary fiber consumption is not associated with adverse gastrointestinal discomfort in a diet intervention trial. Journal of the American Dietetic Association, 102, 549-551. 9. McEligot, A.J., Wenzel, L., Largent, J., Ziogas, A., & Anton-Culver, H. (2004). Factors Associated with Complementary and Alternative Medicine (CAM) Use Among Breast Cancer Patients With and Without a Family History of Breast or Ovarian Cancer. Journal of Cancer Integrative Medicine, 2, 31 - 37. 10. McEligot, A.J., Yang, S., & Meyskens, F.L. (2005). Redox regulation by intrinsic species and extrinsic nutrients in normal and cancer cells. Annual Reviews in Nutrition, 25, 261-95. 11. McEligot, A.J., Rock, C.L., Gilpin, E.A., & Pierce, J.P. (2006). Responsiveness of homocysteine concentrations to food and supplemental folate intakes in smokers and never- smokers enrolled in a diet intervention trial. Nicotine and Tobacco, 8, 57-66. 12. Largent, J., McEligot, A.J., Ziogas, A., Reed, C., Hess, J., Leighton, N., Peel, D., & Anton- Culver, A. (2006). Hypertension, diuretics and breast cancer risk. Journal of Human Hypertension, 20, 727-32. 13. McEligot, A.J., Largent, J., Ziogas, A., Peel, D., & Anton-Culver, H. (2006). Dietary intake is associated with overall survival after breast cancer diagnosis. Nutrition and Cancer, 55, 132-40 Department of Health Science 148 14. Zell, J.A., McEligot, A.J., Ziogas, A., Holcombe, R.F., Anton-Culver, H. (2007). Differential effects of wine consumption on colorectal cancer outcomes based on family history of the disease. Nutrition and Cancer, 59, 36-45. 15. McEligot, A.J., Im, T., Dillman, R.O., West, J.G., Salem, R., Haque, R., Anton-Culver, H. (2008). Abstracting height and weight from medical records, and breast cancer pathologic factors. Cancer Causes Control, 19, 1217 - 26. 16. McEligot, A.J., Mouttapa, M., Ziogas, A., Anton-Culver, H. (2009). Diet and predictors of dietary intakes in women with family history of breast and/or ovarian cancer. Cancer Epidemiology, 33, 419-23. 17. McEligot, A.J., McMullin, J., Pang, K., Bone, M., Winston, S., Ngewa, R., Tanjasiri, S. (2010). Diet, psychosocial factors related to diet and exercise, and cardiometabolic conditions in Southern Californian Native Hawaiians, Hawai'i Medical Journal, 69(2), 16 \u2013 21. 18. McMullin, J., Bone, M., Pang, K., McEligot, A.J. (2010). Community Voices: Perspectives on Cultural Values and Community Based Participatory Research on a Nutrition and Cancer Prevention Study. California Journal of Health Promotion, 8, 52 \u2013 62. 19. Mouttapa, M., Robertson, T., McEligot, A.J., Weiss, J.W., Hoolihan, L., Ora, A., Trinh, L. (2011). The Personal Nutrition Planner: An Evaluation of a 5-Week Computer-Tailored Intervention for Women. Journal of Nutrition Education and Behavior, 43, 165 \u2013 172. 20. Moy, K., Salis J., Trinidad, D., Ice C.L., McEligot, A.J. (2012). Health Behaviors of Native Hawaiian and Pacific Islander Adults in California. Asia-Pacific Journal of Public Health, 24, 961-9. 21. McEligot, A.J., McMullin, J., Pang, K., Bone, M., Winston, S., Ngewa, R., Tanjasiri 2012). Macro and micronutrient intakes and cultural health behaviors in Native Hawaiians in Southern California. Hawaii Med Public Health, 71, 124-8. 22. McEligot AJ, Ziogas A, Pfeiffer CM, Fazili Z, Anton-Culver (2015). The association between circulating total folate and folate vitamers with overall survival after postmenopausal breast cancer diagnosis. Nutr Cancer, 67, 442-8. 23. McEligot AJ, Behseta S, Cuajungco M, Van Horn JD, Toga (2015). Wrangling Big Data Through Diversity, Research Education and Partnerships. California Journal of Health Promotion, 10, vi-ix. 24. Liu-Smith, F, Farhat AM+, Arce A+, Taylor T, Ziogas A, Wang Z, Yourk V, Liu J, Wu J, McEligot AJ, Anton-Culver H, and Meyskens FL. Gender difference in the association of melanoma incidence rates and geographic exposure. JNCI, submitted. Other Publications Department of Health Science 149 1. Taylor, T.H., Trejo, R., Leach, S., Rowley, K., Bringman, D., Brewster, W.R., & McEligot, A.J. (May 2005). Cancer incidence and mortality in Orange County, 1998-2002. Irvine, CA: Cancer Surveillance Program of Orange County/San Diego-Imperial Organization for Cancer Control, Epidemiology Division, UCI. 2. Taylor, T.H., Trejo, R., Leach, S., Rowley, K., Bringman, D., Brewster, W.R., & McEligot, A.J. (May 2005). Cancer incidence and mortality in San Diego County, 1998-2002. Irvine, CA: Cancer Surveillance Program of Orange County/San Diego-Imperial Organization for Cancer Control, Epidemiology Division, UCI. 3. Taylor, T.H., Trejo, R., Leach, S., Rowley, K., Bringman, D., Brewster, W.R., & McEligot, A.J. (2005) Cancer incidence and mortality in Imperial County, 1998-2002. Irvine, CA: Cancer Surveillance Program of Orange County/San Diego-Imperial Organization for Cancer Control, Epidemiology Division, UCI. 4. Published book chapter: Link, J. (2007). Diet, Exercise, Herbs and Vitamins. In J. Link (Eds.), The breast cancer survival manual (pp. 152 \u2013 177). New York, NY: Henry Holt and Company Services to Professional Societies (Committees, Member) 1999 \u2013 2002 American Cancer Society 2001-2004 Member, Executive Committee, Cancer Genetics Network Center at 2003-2005 Member, Epidemiology Research Unit, California Cancer Registry 2002 Lung and Brain Cancer Focus Group, Mouse Models of Human Cancer Consortium 2002 Participant, Nutritional Genomics and Proteomics in Cancer Prevention Symposium 2003-2004 Co-chair, Diet and Physical Activity in a Youth Cohort (LEGACY), Cancer Family Registry (CFR) 2003-2004 Co-chair, Diet and Nutrition Committee, Cancer Family Registry (CFR) 2005 California Association of Regional Cancer Registries & The California Cancer Registry Research meeting (Lead for Research Conference Organizer) 2005 Rapid Case Ascertainment Committee 2005 Cancer and Survival Monograph Committee (member) 2005 Chair, concurrent session Environment and Cancer 2005 2005 Cancer Genetics Research and Prevention Advisory Board (member) 2006 Co-chair, Diet and Nutrition Committee, Legacy 2006 Cancer and Survival Monograph Committee (member) 2006 \u2013 present Member, American Association for Cancer Research (AACR) 1998 \u2013 present Member, American Society for Nutrition (ASN) 1999 \u2013 2001, 2008- Member, Society for Epidemiologic Research Department of Health Science 150 2010 Professional Development Workshop, National Institute of Health (NIH) 2010 \u2013 Director, Center for Cancer Disparities Research 2010 - 2014 Appointed Representative for 2010 - 2013 Appointed Member, American Society for Nutrition, Minority Affairs Committee 2013 - Member, California Hispanic Serving Institutions Collaborative Journals (reviewer) British Medical Journal Clinica Chemica Acta Chronic Disease Prevention Breast Cancer Research and Treatment California Journal of Health Promotion (February 2013) Grant Reviewer: 2009 Susan G. Komen Foundation Community Grants Reviewer 2010 Susan G. Komen Foundation Community Grants Reviewer 2010 Mock Review Panel Lead/Participant for 2012 Program for Education and Research in Biotechnology 2012 Higher Education Challenge Grants Reviewer 2014 Minority Affairs Student Poster Competition 2014 Minority Affairs Student Oral Presentation Reviewer Department 2002 \u2013 2005 Chair, Distinguished Speaker Series Committee, Epidemiology Division 2006 \u2013 present Member, Health Science Faculty Advisory Board member 2006 \u2013 present Chair, \u201cSurveillance\u201d Colloquium 2007 \u2013 2008 Member, Faculty Search Committee 2007 \u2013 2008 Member committee 2006 \u2013 2007 Member Admissions Committee 2010 Faculty Advisor, Spring Awards Symposium 2010 - Member, Undergraduate Committee College 2006 \u2013 2008 Member, Technology Committee Spring 2008 Presented at for online teaching 2008 \u2013 2010 Member, Dean\u2019s Advisory Board 2008 \u2013 2009 Member, Faculty Awards Committee 2008 \u2013 2009 Member Director Search Committee 2008 \u2013 present Member Steering Committee Department of Health Science 151 2010 \u2013 2011 Member Director Search Committee University 2006 \u2013 present Advisory Board Member, Fibromyalgia Research and Educational Center 2006 \u2013 present Member, Center for Health Disparities Research 2006 \u2013 present Member, Student Health Advisory Committee 2007 \u2013 2008 Member, Information Technology Committee 2007 \u2013 present Member, Asian American and Pacific Islander Faculty and Staff Association 2007 \u2013 present Eta Sigma Gamma 2008 \u2013 present Asian American and Pacific Islander Faculty and Staff Association (AAPSIFSA) 2010 \u2013 present Member, E-learning Consortium 2008 \u2013 present Member, lead for Nutrition Roundtable, Health Promotion Research Institute 2009 - Member, Student Health Advisory Committee (SHAC) 2010 \u2013 Director, Center for Cancer Disparities Research 2010 - 2013 Appointed Representative for 2011 Advisor for first Farmers\u2019 Market at Major conferences developed at the University Level May 2007 Co-chair, Nutrition and Wellness: Research Grant Workshop. As part of the Mission and Goals Initiative, this model workshop was one of the first workshops/conferences at to bring together researchers/academics from various fields including, biology, biochemistry, behavioral sciences, epidemiology and others to focus and discuss the multidisciplinary field of nutrition research. Researchers from several institutions, from to Loma Linda, attended the conference. The goal of this meeting was to explore collaborations between the various disciplines of nutrition and begin discussions on possible grant proposals. In addition, this was an opportunity for researchers to increase their knowledge on developing a fundable research proposal, as well as, increasing their awareness about funding mechanisms at the National Institutes of Health (NIH). The two keynote speakers were Donna Spruijt- Metz from the University of Southern California, whose research expertise is in pediatric obesity prevention and Sarah Korbin from NIH, who is currently a Program Director in the National Cancer Institute\u2019s Applied Cancer Screening Research Branch. She directs the Behavioral Research Projects related to \u201cHealth Behavior Constructs: Theory, Measurement, and Research\u201d. We received very positive feedback for both conferences Department of Health Science 152 January 2008 Teaching and Technology Showcase 2008. As part of the Technology Committee, we spear-headed under the direction of Ellen Junn a technology workshop that featured speakers from different colleges at CSUF. Topics included web conferencing, online class design, pod- casting and clicker technology chaired two of the sessions and assisted with developing workshop ideas and implementing them. Community Service - Invited guest speaker, American Association of University Women - Race for the Cure, Susan Komen Foundation Awards and Recognition Banquet - Invited speaker American Cancer Society kick-off meeting and follow-up meeting with community members regarding diet and nutrition - Service to School Newspaper on five stories related to Diet/Nutrition - Service to Titan Communications Television on Sports Drinks - Service to Experts Speak related to Diet and Survival after Breast Cancer - Family Circle Magazine Interview - Titan newspaper interviews - Nutrition and Health Initiative with Ainahua Civic Club - Advisory Board At California State University, Fullerton 350, Nutrition, Fall 2006 \uf0b7 Content included introductory and advanced nutrition topics such as macro and micronutrients, digestion/absorption, supplement use, nutrition during physical activity, pregnancy and in the elderly population. \uf0b7 Constructed the syllabus, including goals for the course \uf0b7 Organized all lecturers and presented them \uf0b7 Developed, proctored and graded the exams \uf0b7 Assigned and reported final grades to the department 350-WEB, Nutrition, Spring 2007 \u2013 Spring 2011 \uf0b7 Constructed a nutrition course on-line using Blackboard methodology. \uf0b7 Developed new discussion boards and activities appropriate for a based course \uf0b7 Content included introductory and advanced nutrition topics such as macro and micronutrients, digestion/absorption, supplement use, nutrition during physical activity, pregnancy and in the elderly population. \uf0b7 Constructed the syllabus, including goals for the course \uf0b7 Organized all lecturers and presented them \uf0b7 Developed, proctored and graded the exams Department of Health Science 153 \uf0b7 Assigned and reported final grades to the department 101-WEB, Personal Health, Spring 2007 \uf0b7 Content included various topics in health, such as stress, cardiovascular health and cancer, immunity, nutrition, pregnancy and childbirth, etc... \uf0b7 Functioned as course director/web-developer using Blackboard, \uf0b7 Constructed the syllabus, including goals for the course \uf0b7 Organized all lecturers and presented them \uf0b7 Developed, proctored and graded the exams \uf0b7 Assigned and reported final grades to the department 420, Chronic Disease Epidemiology, Fall 2007 \uf0b7 Content included the distribution, epidemiology and determinants of major chronic diseases, including heart disease, cancer and diabetes \uf0b7 Developed this new course, including new course proposal and revisions of proposal \uf0b7 Constructed the syllabus, including goals for the course \uf0b7 Organized and presented lecturers \uf0b7 Invited experts in the field to discuss relevant topics in chronic disease epidemiology \uf0b7 Developed, proctored and graded the exams \uf0b7 Assigned and reported final grades to the department 401-WEB, Epidemiology, Fall 2008 \u2013 Fall 2011 \uf0b7 Constructed a epidemiology course on-line using Blackboard methodology. \uf0b7 Developed new discussion boards and activities appropriate for a based course \uf0b7 Content included determinants and distribution of diseases, study design, calculating odds ratio and relative risk and steps for investigating disease outbreaks. \uf0b7 Constructed the syllabus, including goals for the course \uf0b7 Organized all lecturers and presented them \uf0b7 Developed and graded the exams \uf0b7 Assigned and reported final grades to the department Additional future course development at HESC: Childhood Obesity and Nutrition in the Immigrant Population, Fall 2012 \uf0b7 This will be a team-taught course integrating multiple fields to understand and combat childhood obesity and examine the many contributing factors in the continuum from individual to community and larger population groups. \uf0b7 Congruent with social contextual theory, the course will provide students an understanding of the social, environmental and policy framework that influences childhood and adult obesity, particularly in the diverse immigrant population Department of Health Science 154 \uf0b7 The course will be divided into four modules. The first will explore the physiologic and biologic aspects of childhood obesity and nutrition across the youth lifespan from early childhood to adolescence. The second and third modules will be specific to Hispanic and Pacific Islander childhood obesity issues. The last module will review effective intervention strategies, including physical activity and nutrition at the community, institutional, school and public policy levels Davis will develop relevant videos and brief podcasts that will be integrated into the course. Intensive One-Week Seminar: Nutrition Research and Career Opportunities, Fall 2012 \uf0b7 In collaboration with Davis, a one-week intensive seminar will be developed for students, staff and faculty. \uf0b7 Areas to be discussed include: Latest research in childhood obesity and health in diverse populations; Current research and projects in nutrition, foods, and agriculture at Davis. \uf0b7 Career opportunities in food, nutrition, cooperative extension, health fields, and agricultural-related sciences; Graduate opportunities in food, nutrition, and agricultural-related sciences. \uf0b7 Linkages between the and systems and opportunities for future collaborations in education and training and research projects. \uf0b7 Potential participating Davis faculty include Francene Steinberg, Ph.D., R.D. (interventions to reduce risk of chronic disease; biologic effects of food bioactive compounds; dietetic education); Lucia Kaiser, Ph.D., R.D. (early childhood nutrition and acculturation in the Hispanic population; community nutrition interventions in diverse populations; nutrition education and strategies to decrease diabetes risk); Sheri Zidenberg-Cherr, Ph.D. (nutrition education for youth and adults; development and evaluation of food system and nutrition-based curriculum in the schools); Carl Keen, Ph.D. (developmental nutrition; mineral metabolism; diet and cardiovascular disease risk reduction); Christine Stewart, Ph.D. (epidemiology; maternal and child nutrition in low-income populations and developing countries; fetal origins of chronic disease); Jane Heinig, Ph.D. (maternal and child nutrition; feeding and behavioral strategies to reduce childhood obesity in program participants); and Kevin Laugero, Ph.D. (the role of psychosocial stress in the development of obesity and body weight regulation). HESC/Chicano Studies: Hispanic Health, Nutrition and Health Policy, Spring 2013 \uf0b7 The course will be divided into three modules. The first will explore the physiologic and biologic determinants of diseases influencing Hispanic health as it relates to nutrition and obesity. \uf0b7 The second explores Hispanic Health and the role of social, built and service environments as determinants to childhood obesity Department of Health Science 155 \uf0b7 The third will review a continuum of effective intervention strategies, ranging from physical activity and nutrition targeting individuals and families at the home and school to those concerned with the role of grassroots organizations, universities, health foundations, and federal initiatives in the development and implementation of culturally and neighborhood appropriate policy campaigns. \uf0b7 The course will also include community-based partners. Latino Health Access, a well-recognized community based organization locally will provide guest lectures (that will be video recorded) for this portion of the module. \uf0b7 To strengthen students\u2019 health policy foundation and competencies, students will be encouraged to enroll in elective policy courses. Workforce Development Seminar Series (WDSS), Fall 2013 \uf0b7 To prepare students to assume leadership roles in careers combating childhood obesity and promoting nutrition among Hispanic immigrants will leverage CSUF\u2019s Student Leadership Institute to create a Workforce Development Seminar Series. \uf0b7 Students will take workshops in such topics as introduction to leadership, ethical decision making, leading and managing a diverse group, communication styles, teamwork and collaboration, time management, and vision and goal setting. \uf0b7 To integrate their new knowledge with USDA-related careers will require them to take two supplemental workshops, in careers and understanding the and opportunities within, taught by the regional officer Department of Health Science 156 Conferences and colloquia at CSUF: 1. McEligot AJ. Nutritional Epidemiology Curriculum and Research Cohort Introductory Meeting. Fullerton, CA, October, 2006. 2. McEligot, AJ. Surveillance research Spring Colloquia. Fullerton April 2007 3. McEligot AJ. Nutritional Epidemiology. Chinese Delegation. CSUF, January 25th, 2007. 4. McEligot AJ. Nutritional Epidemiology Curriculum and Research Cohort Introductory Meeting. Fullerton, CA, October, 2007. 5. McEligot AJ. Educational conference on state-of-the-art dietary assessment using the Nutritional Data System for Research (NDSR) Software. CSUF, September 2008. In collaboration with the University of Minnesota provided a two-hour educational lecture to undergraduate and graduate students, and staff on dietary assessments, specifically on using the software which is considered the \u201cgold-standard\u201d in dietary assessment methodology. Fullerton, CA, September 17th, 2008. 6. McEligot attended a two-day training workshop for the software received intensive training in learning the database structure, entering and editing data in and enhancing dietary interviewing skills. Fullerton, CA, September 17 \u2013 18th, 2007. 7. McEligot AJ, Jones J., Weiss J. The Mission and Goals Initiative on Promoting the Health of Faculty, Staff , Students and the Community, was extremely successful. The Initiative was comprised of two workshops. The first educational workshop targeted students and community members in order to broaden and inform on the multidisciplinary field of nutrition. The conference overviewed the relationship between nutrition, obesity and disease, particularly cancer outcomes. The keynote address was Dr. Cheryl Rock, a renowned nutritional scientist who has published nearly 150 peer-reviewed articles and has received over 10 million in external funding. Two additional speakers, one from and the other from discussed biological and behavioral aspects of nutrition. The true success of the conference was reflected by the fact that not only did students attend, but also several students (from Eta Sigma Gamma) helped with organizing the conference. Nearly 120 students and community members attended the conference. Dr. McEligot, the chair of the conference was recognized by Eta Sigma Gamma for involving students in the development and organization of this workshop. Fullerton, CA, April 18th 2008 & May 19th 2008. 8. Teaching and Learning Academy (TLAC) certificate program. Attended: a. Camtasia: Create Podcasts\u2026, February 26th, 2008 b. Designing and Developing Grading Rubrics, May 2nd, 2008 c. Set Up Interactive Live Chat Sessions Using Ilinc, September 8th, 2008 9. Attended the following workshop: Supporting Teaching Excellence: Maintaining Integrity in the Classroom. Fall 2008. 10. Fibromyalgia Assessment, Management, and Education (FAME). Developed an innovative web-based educational module on the relationship between Fibromyalgia and Nutrition. Fullerton, CA, Fall 2007 and Spring 2008. \uf0b7 Conducted extensive research on Fibromyalgia and nutrition \uf0b7 Developed Powerpoint slides on the topic \uf0b7 Videotaped the module to be presented on the internet Department of Health Science 157 11. McEligot AJ, McMullin J. (UCR) and Pang Public Health Training Center. Understanding the Cultural Context of Nutrition and Physical Activity in Pacific Islanders. Topics and activities included: \uf0b7 Health conditions of Pacific Islanders, specifically Native Hawaiians in California. \uf0b7 The latest research in diet and lifestyle interventions in Native Hawaiians will be presented. \uf0b7 Participation and engaging with community members on understanding nutrition and physical activity in Native Hawaiians. \uf0b7 Cultural context on barriers and successful strategies related to understanding and improving Native Hawaiian nutrition and physical activity will be explored. 12. McEligot AJ, Chandler L, Steinberg F. Nutrition for a Changing World Symposium in Joint Collaboration with Davis. Developed a two-day intensive conference on biosocial factors associated with nutrition and childhood obesity. September 2012 At the University of California, Irvine: - Epidemiology and Biostatistics for medical students, Spring 2005, Fall 2003 \uf0b7 Content included epidemiological study design, biostatistics, review of manuscripts, and critically reviewing research methods in the current literature. Specific content areas include cancer, nutrition and chronic disease epidemiology \uf0b7 Functioned as course director, contributed 80% effort to the course \uf0b7 Constructed the syllabus, including goals fro the course \uf0b7 Organized other lecturers, conducted half the lectures \uf0b7 Developed, proctored and graded the exams \uf0b7 Assigned and reported final grades to the department \uf0b7 All courses were available and posted on a website \uf0b7 Currently in the process of converting course to an on-line course - Environmental Health Sciences III, Winter 2005, Fall 2002, Spring 2002 \uf0b7 Co-Lectured and lead discussions with graduate students in Environmental Health Sciences; involved 25% effort for overall course \uf0b7 Content included epidemiological study design and specific content area was in nutrition and cancer epidemiology \uf0b7 Facilitated student presentations and discussions on peer-reviewed journal articles Discussed and critiqued research methods of the study \uf0b7 Assisted with developing exam questions and grading of student presentations. - Faculty Forums, Fall 2002, Winter 2003 \uf0b7 Facilitated discussion with undergraduates with undecided majors \uf0b7 Discussed the field of nutrition and cancer epidemiology \uf0b7 Presented various degrees and options available at to students Department of Health Science 158 \uf0b7 Presented resources available on campus for students \uf0b7 Advised on academic and career options at - Epidemiology and Biostatistics, Special Topics, Spring 2004 \uf0b7 Co-Lectured and lead discussions with medical fellows in Epidemiology and Biostatistics; involved 25% effort for overall course \uf0b7 Content included epidemiological study design and specific content area was in nutrition and cancer epidemiology \uf0b7 Assisted with developing exam questions and grading of student presentations - Cancer Epidemiology, Spring 2003 \uf0b7 Facilitated discussions and lectured to graduate students \uf0b7 Content included nutrition, nutritional epidemiology and research methods in nutritional epidemiology; involved 25% for overall course \uf0b7 Assisted with developing the course, reviewing the syllabus \uf0b7 Worked with students on their presentations, reviewing recent manuscripts in the field on nutrition and cancer epidemiology \uf0b7 Assisted with developing exam questions and grading of student assignments and presentations At San Diego State University - International Health, Fall 1997, Fall 1998 \uf0b7 The course comprised of 30 undergraduate students from diverse multicultural backgrounds. Most majored in Community Health and Education \uf0b7 Responsible for entire course: Developed the syllabus, all the lectures, assignments and exams for the course \uf0b7 Facilitated lively discussions in topics such as the role of the female in developing countries, complementary and alternative medicine, clean water, and other pertinent issues in International Health \uf0b7 Facilitated group activities and debates during lectures \uf0b7 Graded student papers, exams and assigned final grades At the University of California, San Diego - Contemporary Issues, Summer Bridge Program, Summer 1990, 91, 92 and 93 \uf0b7 Facilitated discussions with incoming freshman students from multicultural/diverse backgrounds \uf0b7 Topics of discussion included contemporary writing of various authors in education \uf0b7 Reviewed students papers and provided direction in improvement in writing \uf0b7 Discussed the challenges of transitioning from high school to the university Department of Health Science 159 \uf0b7 Assigned and reported final grades \uf0b7 During the later three years facilitated discussions in study management, including stress management, time management and other study management skills for ensuring success during their academic careers Other Teaching Activities at and \uf0b7 Advised and directed graduate students in the field of nutrition and cancer epidemiology, including areas of research in the field, appropriate course work, reviewing pertinent literature in the field, assisting in selecting appropriate methods for their research \uf0b7 Advised research fellows in nutritional epidemiology methodology including selecting the appropriate dietary instrument, methodology relating to study design, questionnaire design and data analysis \uf0b7 Writing/Study Management Facilitator, one-on-one or small group sessions with undergraduates on improving time management, study skills, memory, and notetaking. \uf0b7 Grand Rounds for Medical Students Department of Health Science 160 Michele Marie Clara Mouttapa, PhD. Associate Professor Program Coordinator California State University Fullerton Work Address: CSUF, Department of Health Science Box 6870, Fullerton 92834 Phone (work): (657) 278-8436 Phone (cell): (626) 676-4004 Fax: (657) 278-5317 Home Address: 1450 Howard Place Placentia 92870 E-mail: [email protected] Education Postdoctoral Training University of Southern California, Los Angeles, Integrated Substance Abuse Programs, July 2006 Postdoctoral Training Johns Hopkins University, Urban Health Institute, July 2005 Doctoral Degree University of Southern California, Department of Preventive Medicine, Health Behavior Research, July 2004 M.A. Degree California State University at Fullerton, Psychology, June 1999 B.S. Degree University of California at Davis, Psychology, June 1995 Honors and Awards Faculty Recognition CSUF, Category: Service to Students (April 2015) Faculty Recognition CSUF, Category: Service to Students (April 2012) Faculty Recognition Outstanding Faculty Scholar, Department of Health and Human Services (April 2011) Faculty Recognition CSUF, Category: Highest Quality, Peer Reviewed Journal Articles (April 2010) Faculty Recognition CSUF, Category: Service to the External Community (April 2009) Faculty Recognition CSUF, Category: Sponsoring Research and Creative Activities (April 2008) Training Grant Fellow National Institute on Drug Abuse, August 2004 Research Poster Award 1st Place, Research Conference on Minority Issues, Baltimore, Maryland, December 2004 Postdoctoral Training National Cancer Institute, September 2002 Transdisciplinary Tobacco Use Research Center, September 1999 Department of Health Science 161 Research Activities Extramural Grant Awards 1. National Institutes of Health. Co-Investigator Pap test intervention to enhance decision making among Women.\u201d PI: Sora Tanjasiri. Project #: 5R01CA149324-02. $498,557 (2010-2015). 2. Centers for Disease Control and Prevention. Co-investigator: \u201cAn interdisciplinary approach to approach obesity: From infancy through adulthood. Project 4: Pediatric weight management evaluation.\u201d PI: Shari McMahan. Project #: 5H75DP001814-02 $190,000 (2008-2009). 3. Department of Defense Congressionally Directed Medical Research Programs. Co-investigator: \u201cNutritional and exercise aspects of Prader-Willi Syndrome and childhood obesity.\u201d PI: Daniela Rubin # 07082001. $900,000 (2008-2010). Intramural Grant Awards 1. University of California, Irvine Institute for Clinical & Translational Sciences Community Engagement Unit (CEU) Campus-Community Research Incubator (CCRI) Program. Co-Principal Investigator: Can an elementary school-based Fit Kid Center increase student engagement in active play and healthy eating habits? $10,000 (2014). 2. University Mission and Goals Initiative Grant. Principal Investigator: Healthy for Life: Pilot-Testing a Sustainable Version of a School-Based Obesity Prevention Program among 4th and 5th Graders. $22,000 (2012). 3. Call to Service Mini-Grant. Co-Principal Investigator: \u201cFantastiKids- Evaluation of the \u2018Bully for You\u2019 Program.\u201d $1,500 (2009-2010). 4. State Special Fund for Research, Scholarship, and Creative Activity. Principal Investigator Comprehensive Approach to Understanding Intimate Partner Violence.\u201d $5,000 (2007). Peer Reviewed Articles 1. Mouttapa, M., Tanjasiri, S.P., Weiss, J.W., Sablan-Santos, L., DeGuzman Lacsamana, J., Quitugua, L., Flores, P., Flores, P., Paige, C., May, V.T., Tupua, M., Schmidt-Vaivao, D., Taito, P., Vaikona, E., & Vunileva, I. (2016). Associations between women\u2019s perceptions of their husbands\u2019/partners\u2019 social support and Pap screening, in Pacific Islander communities. Asia-Pacific Journal of Public Health, 28(1), 61-71 Department of Health Science 162 2. Tanjasiri, S.P., Weiss, J.W., Santos, L., Flores, P., Flores, P., DeGuzman Lascamana, Paige, C., Mouttapa, M., Quitugua, L., Taito, P., Tui\u2019one May, V., Tupua, M., & Vaivao, E. CBPR-informed Recruitment and Retention Adaptations in a Randomized Study of Pap Testing among Pacific Islanders in Southern California. Progress in Community Health Partnerships, 9(3), 3. Weiss, J.W., Yepiz, M.H., Mouttapa, M., McMahan, S., & Gedissman, A. (2015 Community Clinic-based Approach to Address Pediatric Obesity among a Predominantly Latino Sample of Youth Enrolled in a State Health Plan. Californian Journal of Health Promotion, 15(2), 74-84. 4. Miller, T., Chandler, L., & Mouttapa, M. (2015 needs assessment, development, and formative evaluation of a health promotion smartphone application for college students. American Journal of Health Education, 46, 207- 215. 5. Mullapudi, S., Mouttapa, M., & McMahan, S. (2015). Factors linked to energy conservation practices, recall of energy conservation messages, and stair use among university students. Indian Journal of Energy, 3(1), 148-153. 6. Turel, O., Donato, E., & Mouttapa, M. (2015). Preventing problematic internet use through video-based interventions theoretical model and empirical test. Behavior & Information Technology, 34, 349-362. 7. Napoli, J., Buchholz, B.D., Mouttapa, M. (2013). Current issues surrounding the screening of commercial motor vehicle drivers for obstructive sleep apnea. Californian Journal of Health Promotion, 11(3), vi-x. 8. Shakib, S., Mouttapa, M., Cen, S., Blanco, L., Unger, J.B. (2013). Variation in parenting characteristics and adolescent smoking by parental immigration status. Journal of Cultural Diversity, 20, 80-88. 9. Tanjasiri, S.P., Lew, R., Mouttapa, M., Lipton, R., Lew, L., Has, S., Wong, M. (2013). Environmental influences on tobacco use among Asian American and Pacific Islander youth. Health Promotion Practice, 14(S1), 40S-47S. 10. Li, M., DiStefano, A., Mouttapa, M., Gill, J. (2013). Bias-motivated bullying and psychosocial problems: Implications for risk behaviors among young men who have sex with men Care. DOI: 10.1080/09540121.2013.811210 11. Weiss, J.W., Mouttapa, M., Nacpil, L., Rubin, D., Gedissman, A. (2012). Addressing obesity among Latino youth in a pediatrician\u2019s office: Preliminary findings of an obesity prevention program. Journal of Behavioral Health, 1(2), 86- 92 Department of Health Science 163 12. Tanjasiri, S., Mouttapa, M., Sablan-Santos, L., Quituqua, L.F. (2012). What promotes cervical cancer screening among Chamorro women in California? Journal of Cancer Education, 27, 725-730. 13. Rubin, D.A., Mouttapa, M., Weiss, J.W., Barrera-Ng, A. (2012). Physical activity in children with Prader-Willi Syndrome parents\u2019 perspective. Californian Journal of Health Promotion, 10 1), 57-66. 14. Mohammed, R., McMahan, S., Mouttapa, M., Zhang, Y. (2012). Kick Start Your Day pilot investigation of a family based nutrition and physical activity program targeting low-income Latino families. Californian Journal of Health Promotion, 10 1), 26-33. 15. Prado, B., McMahan, S., Mouttapa, M., Salazar, I., Love, G., Norwood, S. (2012). An educational telenovela (soap opera) to promote breastfeeding among U.S. Latinas. Californian Journal of Health Promotion, 10, SE1, 57-63. 16. Bryars, T., Mouttapa, M., Tanjasiri, S.P., McMahan, S. (2012). Results of a school-based obesity prevention program targeting early childhood students. Californian Journal of Health Promotion, 10(1), 99-112. 17. Kengen, T., Rutledge, D., Mouttapa, M., Weiss, J.W., Aquino, J., Jones, C.J. (2011). Strategies used for managing symptoms by women with fibromyalgia. Journal of Clinical Nursing, 21, 626-635. 18. Tran, J.H., Mouttapa, M., Ichinose, T.Y., Pang, J.K., Ueda, D., Tanjasiri, S.P. (2011). Sources of Information that promote breast and cervical cancer screening among Native Hawaiians in Southern California. Journal of Cancer Education, 25, 588-594. 19. Weiss, J.W., Mouttapa, M., Cen, S., Johnson, C. A., Unger, J. B. (2011). Longitudinal effects of hostility, depression, and bullying on adolescent smoking initiation. Journal of Adolescent Health, 48, 591-596. 20. Mouttapa, M., Robertson, T., McEligot, A.J., Weiss, J.W., Hoolihan, L., Ora, A., Trinh, L. (2011). The Personal Nutrition Planner: An evaluation of a 5-week computer-tailored intervention for women. Nutrition Education and Behavior, 43, 165-172. 21. Mouttapa, M., Watson, D.W., McCuller, W.J., et al. (2010). I\u2019m bad, I\u2019m mad: Links between self-identification as a gangster, symptoms of anger, and alcohol use among minority adolescent detainees. Youth Violence and Juvenile Justice, 8, 71-82. 22. Omolafe, A., McMahan, S., Mouttapa, M., Tanjasiri, S.P. (2010). We are family: Family history of diabetes among African Americans and its association to perceived severity, knowledge of risk factors, and physical activity levels. Californian Journal of Health Promotion, 8, 88-97 Department of Health Science 164 23. Mouttapa, M., Watson, D.W., McCuller, W.J., Reiber, C., Tsai, W. (2010). Substance use and prevention for youth in correctional facilities. Journal of Correctional Education, 60, 288-314. 24. Mouttapa, M., Watson, D.W., McCuller, W.J., Reiber, C., Tsai, W., Plug, M. (2010 prevention among incarcerated adolescents. Journal of Correctional Health Care, 16, 27-38. 25. McEligot, A.J., Mouttapa, M., Ziogas, A., Anton-Culver, H. (2009). Diet and predictors of dietary intakes in women with family history of breast cancer and/or ovarian cancer. Cancer Epidemiology, 33, 419-423. 26. Love, G., Mouttapa, M., Tanjasiri, S.P. (2009). Everybody\u2019s talking: Using entertainment-education video to reduce barriers to discussion of cervical cancer screening among Thai women. Health Education Research, 24, 829-838. 27. Rutledge, D.N., Mouttapa, M., Wood, P.B. (2009). Symptom clusters in fibromyalgia: Potential utility in patient assessment and treatment evaluation. Nursing Research, 58, 359-367. 28. Evans, E. Murphy, D., Mouttapa, M., Hser, Y.I. (2009). Regulatory issues encountered when conducting longitudinal substance abuse research. Journal of Drug Issues, 39, 1003-1026. 29. Mouttapa, M., Weiss, J.W., Hermann, M. (2009). Is image everything? The role of self-image in the relationship between family functioning and substance use among Hispanic adolescents. Substance Use and Misuse, 44, 702-721. 30. Singh, A.N., Matson, J.L., Mouttapa, M., Pella, R.D., Hill, B.D., Thorson, R. (2009 critical item analysis of the QABF: Development of a short form assessment instrument. Research in Developmental Disabilities, 30, 782-792. 31. Watson, D.W., Tsai, W., Chu, V.S., Williams, E., Mouttapa, M., Asghar, Shaw, M.E. (2009). The role of faith-based organizations in supporting efforts to re- integrate residents returning from prison. Californian Journal of Health Promotion, 6, 25-35. 32. Ng, T.G., McMahan, S., Mouttapa, M., Tanjasiri, S.P., Beam, W., (2009). Comparison of Body Mass Index (BMI) Categories Based on Asian and Universal Standards and Language Spoken at Home Among Asian American University Students. American Journal of Health Education, 40, 37-44. 33. Ora, A.G., Mouttapa, M., Weiss, J.W., Weissmuller, P. (2008). Food security and homelessness in the City of Anaheim. Californian Journal of Health Promotion, 6, 156-172 Department of Health Science 165 34. Weiss, J. W., Edwards, W., Mouttapa, M. (2008). The puzzle of adolescent substance initiation. In J. W. Weiss & D. J. Weiss (Eds). The essential Ward Edwards. New York: Oxford University Press. 35. Weiss, J.W., Palmer, P.H., Chou, C., Mouttapa, M., Johnson, C.A. (2008). Association between psychological factors and adolescent smoking in Seven Cities, China. International Journal of Behavioral Medicine, 15, 149-156. 36. Mouttapa, M., Murphy, D.A. (2008). STDs and family health. The Encyclopedic Reference of Public Health. Springer Publishing Company. 37. Jagers, R.J., Sydnor, K., Mouttapa, M., Flay, B.R. (2007). Protective factors associated with preadolescent violence: Preliminary work on a cultural model. American Journal of Community Psychology, 40, 138-145. 38. Watson, D.W., Mouttapa, M. et al. (2007). The Life Interventions for Family Effectiveness (LIFE). Preliminary findings on alternative school interventions for adolescents. Journal of Correctional Education, 58, 57-68. 39. Murphy, D.A., Greenwell, L., Mouttapa, M., Brecht, M., Schuster, M.A. (2006). Physical health of mothers with and the mental health of their children. Journal of Developmental & Behavioral Pediatrics 27, 386-395. 40. Weiss, J.W., Cen, S., Schuster, D.V., Unger, J.B., Johnson, C.A., Mouttapa, M., Schreiner, W.S., Cruz, T.B. (2006). Longitudinal effects of pro-tobacco and anti- tobacco messages on adolescent smoking susceptibility. Nicotine and Tobacco Research, 8, 455-465. 41. Unger, J.B., Shakib, S., Gallaher, P., Ritt-Olson, A., Mouttapa, M., Palmer, P.H., Johnson, C.A. (2006). Cultural/interpersonal values and smoking in an ethnically diverse sample of Southern California adolescents. Journal of Cultural Diversity, 13, 55-63. 42. Weiss, J.W., Mouttapa, M., Chou,C-P, Nezami, E., Johnson, C.A., Palmer, P., Cen, S., Gallaher, P., Ritt-Olson, A., Unger, J.B. (2005). Hostility, depressive symptoms, and smoking in early adolescence. Journal of Adolescence, 28, 49-62. 43. Valente, T.W., Gallaher, P., Mouttapa, M. (2004). Using social networks to understand and prevent substance use transdisciplinary perspective. Substance Use and Misuse, 39, 1685-1712. 44. Mouttapa, M., Valente, T., Gallaher, P., Rohrbach, R.A., Unger, J.B. (2004). Social network predictors of bullying and victimization among adolescents in School. Adolescence, 39, 315-335. 45. Mouttapa, M., Huang, TT-K., Shakib, S., Sussman, S., Unger, J.B. (2003). Authority-related conformity as a protective factor against adolescent health risk behaviors. Journal of Adolescent Health, 33, 320-321 Department of Health Science 166 46. Shakib, S., Mouttapa, M., Johnson, C.A., Ritt-Olson, A., Trinidad, D., Gallaher, P., Unger, J.B. (2003). Ethnic variation in parenting characteristics and adolescent smoking. Journal of Adolescent Health, 33, 88-97. 47. Shenassa, E.D., McCaffery, J.M., Swan, G.E., Khroyan, T., Shakib, S., Lerman, C., Lyons, M., Mouttapa, M., Niaura, R.S., Buka, S.L., Leslie, F., Santangelo, S.L. (2003). Intergenerational transmission of tobacco use and dependence transdisciplinary perspective. Nicotine & Tobacco Research, 6, Supp. 1, S55- S69. 48. Unger, J.B., Rohrbach, L.A., Howard-Pitney B., Ritt-Olson, M., Mouttapa, M. (2001). Peer influences and susceptibility to smoking among California adolescents. Substance Abuse and Misuse, 36, 551-571. Articles in Press 1. Mouttapa, M., Corliss, C., Bryars, T., Khatib, D., Napoli, J., Patterson, D., & Ross, B. (in press preliminary evaluation of a cost-effective, in-class physical activity and nutrition education intervention for 3rd-6th grade students. Health Behavior and Policy Review. Selected Conference Presentations since 2007 1. Bryars, T., & Mouttapa, M. (June 2015). Healthy communities initiative: Move More Eat Healthy campaign. Poster presentation given at the 8th Biennial Obesity Conference, San Diego, California. 2. Miller, T., Chandler, L., & Mouttapa, M. (April 2015). Creating, implementing, and evaluating a health promotion smartphone application among college students. Poster presentation given at the 66th Annual Society for Public Health Education Conference, Portland, Oregon. 3. Young, N., Mercado, F., & Mouttapa, M. (February 2015). Fit Kid Center: Children\u2019s enjoyment of physical activity. Oral presentation given at the 29th Annual Student Research Competition. 4. Maitlen, C., Gee, A., & Mouttapa, M. (February 2015). Healthy Achievers\u2019 Challenge physical activity and nutrition based community weight loss program targeting low income women living in Orange County, CA. Oral presentation given at the 29th Annual Student Research Competition. 5. Vaikona, E.M., Flores, P., Tanjasiri, S.P., Santos, L., Mouttapa, M., Weiss, J., DeGuzman Lacsamana, J., Quitugua, L., Flores, P., Foo, M., Vaivao, D., Tupua, M., Vunileva, I., May, V.T., Paige, C., Ho\u2019opai, U., Aftab, M. (September 2014). Designing culturally appropriate health interventions for Pacific Islanders: The \u201cSupporting Our Women\u201d Pap test study. Poster presentation given at the He Huliau Health Disparities Conference, Ko\u2019Olina, Oahu, Hawaii Department of Health Science 167 6. Olivas, M., Mouttapa, M. (March 2014). School assemblies: An entertainment education approach towards bullying among elementary school students. Oral presentation given at the 28th Annual Student Research Competition. 7. Napoli, J., Aguilar, A., Mouttapa, M. (March 2014). Money well-spent: An evaluation of a cost-effective, teacher-led physical activity and nutrition education intervention among 3rd-6th grade students. Oral presentation given at the 28th Annual Student Research Competition. 8. Patterson, P., Mouttapa, M., Corliss, C. (March 2014 collaborative approach towards getting kids active in schools: OCDE-Healthy for Life Project. Poster presented at the California Association for Health, Physical Education, Recreation, and Dance (CAHPERD) Conference, Garden Grove, CA. 9. Weiss, J.W., Mouttapa, M., DeGuzman Lacsamana, J., Quitugua, L., Santos, L.S, Tanjasiri, S.P. (January 2014). Decision making for Pap testing among Pacific Islander Women. Poster presented at the Society for Medical Decision Making Asia Conference, Singapore. 10. Vargas, E., Aguilar, Y., Mouttapa, M., Bryars, T. (November 2013). The Richman Elementary School Garden Program collaborative effort to prevent long-term obesity rates in a local community. Poster presented at the Southern California Conference for Undergraduate Research, Whitter, CA. 11. Tanjasiri, S.P., Weiss, J.W., Mouttapa, M., Santos, L.S., DeGuzman Lacsamana, J., Quitugua, L., Vaivao, D., May, V.T. (November 2013). Role of social support in Pap test decision making among Pacific Islander Women. Poster presented at the American Association for Cancer Research Annual Meeting, Washington, D.C. 12. DeGuzman Lamansca, J., Quituqua, L., Santos, L., Chavarria, A., Flores, P., Foo, M.A., Lutu, G., May, T.V., Mouttapa, M., Paige, C., Pele, C., Taito, P., Tupua, M., Vaikona, E.M., Vaivao, D., Vunilneva, I., Weiss, J.W., & Tanjasiri, S.P. (November 2013). The process of recruitment and retention in the Pacific Islander groups in southern California. Poster presented at the American Public Health Association Conference, Boston, MA. 13. Corliss, C., Abdrabou, D., Mouttapa, M., Patterson, D. (June 2013). Orange County Department of Education- Healthy for Life (ODCE-HFL). Poster presented at the Biennial Childhood Obesity Conference, Long Beach, CA. 14. Mouttapa, M., Tanjasiri, S., Sablan-Santos, L., Weiss, J.W., Quitugua, L., Flores, P., Flores, P., Foo, M.A., DeGuzman, J.L., Lin, A., Lutu, G., Vaivao, D., Tuliau, L., Tupua, M., Taito, P., Vaikona, E.M., Vunileva, I., Tui`one, V. (September 2012). Do men\u2019s social support influence Pacific Islander Women\u2019s Pap Testing Department of Health Science 168 Decision Making? Poster presented at the Native Hawaiian and Pacific Islander Health Disparity and Health Equity Conference, Los Angeles, CA. 15. Mouttapa, M., Tanjasiri, S., Weiss, J., et al. (Nov. 2012). Do you perceive what perceive? The association between men\u2019s perceived provision of social support and their female partner\u2019s perception of support regarding Pap screening, in Pacific Islander communities. Oral presentation given at the American Public Health Association Conference, San Francisco, California. 16. Rose, D.J., Mouttapa, M., Hummel, T., Saborio, R. (November 2011). Efficacy of a fall prevention program delivered to monolingual Korean and Spanish- speaking seniors. Poster presented at the Gerontological Society of America Conference, Boston, MA. 17. Mouttapa, M., Grier, L. (November 2011 mixed methods approach to evaluate a school assembly designed to reduce bullying among elementary school students. Oral presentation given at the American Evaluation Association Conference, Anaheim, CA. 18. Rubin, D.A., Judelson, D.A., Mendoza-Carter, D., Clark, S., Mouttapa, M. (September 2010). Aerobic exercise capacity in youth with Prader-Willi Syndrome. Poster presented at the North American Society for Pediatric Exercise Medicine Conference in Niagara-on-the-Lake, Ontario, Canada. 19. Nacpil, L.M., Weiss, J.W., Mouttapa, M., Rubin, D., Gedissman, A. (April 2010). The biopsychosocial factors associated with overweight and obesity among Latino children and youth. Poster presented at the Southern California Public Health Association Conference in Garden Grove, CA. 20. Gedissman, A., Weiss, J.W., Mouttapa, M., Rubin, D., Nacpil, L., Tan, G. (March 2010). Successful integration of a pediatric obesity prevention program with FQHC\u2019s. Poster presented at the National Initiative for Children Healthcare Quality in Atlanta, GA. 21. Mouttapa, M., Weiss, J.W., McEligot, A.J., Robertson, T., Trinh, L., Ora, A. (November 2009). Dairy Council of California\u2019s Personal Nutrition Planner: Results of the online tool among women. Poster presented at the American Public Health Association Annual Conference in Philadelphia, PA. 22. Branch, C., Osborne, D., McFollins, T., Watson, D.W., Mouttapa, M., Tsai, W., & Asghar, A. (June 2009). Los Angeles Youth Collaborative for substance use and violence prevention among gang exposed youth. Poster presented at the College on Problems of Drug Dependence Conference in Reno, NV. 23. Plug, M., Mouttapa, M., Banzet, M., Delgado, N., Thornton, A., Palomares, M.R. (August 2009). Comparing symptoms of intrusion and avoidance between women with early stage and locally advanced breast cancer at the time of Department of Health Science 169 diagnosis. Poster presented at the Roberts Summer Student Academy Poster Session, City of Hope, Duarte, CA. 24. Robertson, T.P., Mouttapa, M., Wallace, S., Weiss, J.W., McEligot, A.J. (October 2009). Results of a tailored internet plus e-mail intervention to improve women\u2019s food choices. Poster presented at the American Dietetic Association in Denver, CO. 25. Hatanaka, H., Levy, H., Wright, C., Schott, J., Malak-Lopez, D., McKinney, F., Cosio, L., Montenegro, D., Vasquez, E., Watson, D., Mouttapa, M., Tsai, W. (June 2009). Supporting Opportunities for Adolescent Recovery (SOAR). Poster presented at the College on Problems of Drug Dependence Conference in Reno, NV. 26. Wallace, S., Robertson, T.P., Mouttapa, M., Weiss, J.W., McEligot, A.J. (April 2009). Evaluating the effectiveness of the Personal Nutrition Planner: an online intervention aimed at women ages 21-65. Poster presented at the Experimental Biology Conference in New Orleans, LA. 27. Gedissman, A., Mouttapa, M., Weiss, J.W., & Nacpil, L. (March, 2009 pediatrician\u2019s strategy for obesity prevention and intervention in Latino population: The effect of depressive symptoms on outcomes. Poster presented at the National Initiative for Children Healthcare Quality in Grapevine, TX. 28. Gedissman, A., Mouttapa, M., Weiss, J.W., Nacpil, L. (March 2009 pediatrician\u2019s strategy for obesity prevention and intervention in Latino population. Poster presented at the American Academy of Pediatrics Annual Conference in Anaheim, CA. 29. Cherry, B.J., Jones, C.J., Rutledge, D.N., Weiss, J., Bakarat, B.K., Zettel-Watson, L., Mouttapa, M., Just, N., & Aquino, J. (March 2009). Physical and cognitive performance in fibromyalgia and normal aging. Poster presented at the Annual Rotman Research Conference in Toronto, Canada. 30. Shibata, K., Jones, C.J., Mouttapa, M., Weiss, J.W. (Sept. 2008). Reliability and validity of the 8-foot Up & Go test as a measure of dynamic balance and functional mobility in persons with fibromyalgia. Poster presented at the American Academy of Pain Management Annual Clinical Meeting in Nashville, TN. 31. Love, G., Mouttapa, M., & Tanjasiri, S.P. (Aug. 2008). Everybody's talking: Using entertainment-education video to reduce barriers to discussion of cervical cancer screening among Thai women. Oral presentation given at the National Conference on Health Communication, Marketing and Media in Atlanta, GA. 32. Rutledge, D.N., Mouttapa, M., Jones, C.J., Lewis, D. (Apr. 2008). Effects of essential oils on symptoms of exercising women with fibromyalgia. Poster Department of Health Science 170 presented at \u201cThe Circle of Nursing Knowledge: Education, Practice & Research.\u201d Western Institute of Nursing in Garden Grove 33. Rutledge, D.N., Mouttapa, M., Jones, C.J., Lewis, D. (Apr. 2008). Effects of essential oils on symptoms of exercising women with fibromyalgia [Abstract]. Proceedings of the Western Institute of Nursing, USA, 41, 482. 34. Mouttapa, M., Weiss, J.W. (Nov. 2007). Perceived risk of violence and victimization: Another piece of the adolescent substance use puzzle. Poster presented at the American Public Health Association Annual Conference in Washington, DC. 35. Weiss, J.W., Mouttapa, M. (Nov. 2007). Puzzle of adolescent substance use. Poster presented at the American Public Health Association Annual Conference in Washington, DC. 36. Weiss, J.W., Mouttapa, M. (Nov. 2007 for tobacco and alcohol. Poster presented at the Society for Judgment and Decision Making Annual Conference in Long Beach, California. 37. McEligot, A.J., Mouttapa, M., Ziogas, A., Anton-Culver, H. (Apr. 2007). Vegetable, fruit, fiber, fat and folate intakes, and in women at high risk for breast and ovarian cancer. Poster presented at the American Association for Cancer Research Annual Meeting, Los Angeles, California. D. Service Activities Professional Service \uf0b7 Editor for the Californian Journal of Health Promotion (2010-present). \uf0b7 Reviewer for Substance Use and Misuse (2014-2015). \uf0b7 Reviewer for Journal of Child and Family Studies (2014). \uf0b7 Reviewer for Journal of Internet Mediated Research (2014). \uf0b7 Associate Editor for the Californian Journal of Health Promotion (2008-2010). \uf0b7 Manuscript Reviewer for Youth Violence and Juvenile Justice (2009-present). \uf0b7 Manuscript Reviewer for Connections (2004). Editor: Thomas Valente, Ph.D. \uf0b7 Manuscript Reviewer for Nicotine and Tobacco Research (2006-2010). Editor: Martha Agreda, Ph.D. \uf0b7 Manuscript Reviewer for Addictive Behaviors (2006-2010). Editor Department of Health Science 171 \uf0b7 Grant Proposal Reviewer for the Florida Department of Health, Esther and James King Biomedical Research Program (2007-2008). \uf0b7 Presentation Reviewer for the Graduate Women in Health (GWIS) Annual Conference, Orange (2007). University Service University Level 1. Member of the University Library Committee (2015-2016). 2. Member of the Governing Board (2014-2015). 3. Member of the Academic Senate (2014-2016). 4. Member of the Titan Student Union Governing Board (2014-2015). 5. Member of the University Advancement Committee (2008-2010). 6. Member of the Alcohol and Other Drug Advisory Committee, Research and Assessment Sub-Committee (2007-present). 7. Member, Academic Senate Writing Proficiency Committee (2009-present). College Level 1. Faculty Coach, College of Health and Human Development Peer Mentoring Program (2014-present) 2. Chair of the College of Health and Human Services Curriculum Committee (2008- 2009). 3. Member, Intramural Grants Selection Committee, 2007 Department Level 1. Member, Health Science Undergraduate Committee (2014-2015). 2. Member, Health Policy Faculty Search Committee (2014-2015). 3. Program Coordinator, Department of Health Science Master in Public Health Program (2011-2013). 4. Chair, Master in Public Health Comprehensive Exam Committee (2012-2013) 5. Member, Master Public Health Program Assessment Committee (2012-2013) 6. Member, Department Personnel Committee (2012-2013 Department of Health Science 172 7. Member Admissions Committee (2007-2009, 2012-present) 8. Gerontological Health Faculty Search Committee (Fall 2011). 9. Chair Admissions Committee (2010-2011) 10. Mentor for the Minority Health and Health Disparities International Research Training (MHIRT) Program (2007). 11. Faculty Sponsor for Eta Sigma Gamma, Delta Rho Chapter (2007-2010). 12. Statistical Consultant for the Center for Cancer Disparities Research (2007- present). 13. Master in Public Health Admissions Committee (2007-present). 14. Co-Chairman of the 2007 Spring Colloquium \u201cUtilizing Surveillance Based Data: Focus on the California Health Interview Survey (CHIS).\u201d 15. Guest lecturer for the Sichuan Public Health Training Program (2007). 16. Guest lecturer for Jie Weiss\u2019s Predicting Smoking and Alcohol Initiation Research Group (2007). Community Service 1. Evaluator for the St. Jude Medical Center, Healthy Communities Initiative. Funded by St. Jude Hospital (2014-present). 2. Pilot Evaluation of Community-Based Fall Prevention Programs through State Health Departments. Funded by the Centers for Disease Control and Prevention. Lead evaluator: Debbie Rose (2010-2011). 3. Evaluator for the Saint Barnabus Senior Center (Increasing Stability through Exercise and Practice) fall risk reduction program (InSTEP). Funded by the Archstone Foundation. Lead evaluator: Debbie Rose (2010). 4. Evaluator for the Fullerton Healthy Neighborhood Initiative (funded by the California Endowment). Principal Investigator: Barry Ross, St. Jude\u2019s Hospital. Grant #: 20081084 (2008-2010). 5. Technical expert for the California Hospital Association Hospital Emergency Preparedness Assessment. Lead evaluator: Darlene Gidley (2009). 6. Evaluator for the Community Action Partnership of Orange County (CAPOC). Funded by the California Endowment. Principal Investigator: Delores Barrett. Grant # 20081336 (2008-2010 Department of Health Science 173 7. Research consultant for University of California, Los Angeles/ Friends\u2019 Research Institute, Torrance (2005-2010). 8. Survey analyst for the Community-Based Coalition Addressing the Renaissance Plan (CBCARP), Santa Ana, CA. Coalition leader: Erualdo Gonzalez Assistant Professor of Chicana and Chicano Studies (2008). 9. Lead consultant for the Dairy Council of California. Research design and evaluation of the online Personal Nutrition Planner (2007-2009). 10. Statistical consultant for Weaving an Islander Network for Cancer Awareness, Research, and Training (WINCART; 2007-present) 11. Member of the Fibromyalgia Research and Education Center (2007- present). 12. Member of the Center for the Promotion of Healthy Lifestyles and Obesity Prevention (2007-present). 13. Research Associate for Dr. Ruhul Amin, Institute for Urban Research, Morgan State University, Baltimore, Maryland. Projects: Parent and Child Experiences Study after school program (2004-2005). 14. Project Assistant for Dr. Linda Chan, Children\u2019s Hospital of Los Angeles, Division of Children, Youth, and Adolescents. Project: Youth violence literature review (2003-2005). 15. Assistant Evaluator for Dr. Gary Uhl, CDC, and Dr. Thomas Valente, USC. Project: Centers for Disease Control and Prevention evaluation of 4 CDC-funded local service coalitions (2004). 16. Research Assistant for Drs. MaryAnn Pentz and Luanne Rohrbach, University of Southern California, Department of Preventive Medicine. Project: Evaluation of activities conducted by the Coalition for Zero Violence, a local coalition that facilitates community involvement to reduce youth violence (2001-2004). 17. Research Analyst for Dr. Terry Huang. Project: Needs assessment for Pasadena Health Department Prevention Division (2000). 18. Research Assistant to Dr. Gregory Robinson Social Science Research Center, Fullerton, CA. (1998-1999). E. Teaching Experience California State University, Department of Health Science Department of Health Science 174 \uf0b7 Instructor for undergraduate Research Methods Class, Spring 2006-Spring 2007 \uf0b7 Instructor for undergraduate Statistics Class, Spring 2006-present \uf0b7 Instructor for graduate Statistics Class, Fall 2006-present \uf0b7 Instructor for graduate Research Methods Class, Summer 2009-present University of Southern California, Department of Health Promotion and Disease Prevention Studies \uf0b7 Co-instructor for Health Behavior Research Methods undergraduate course, Fall 2005. \uf0b7 Preceptor for Introduction to Health Promotion and Disease Prevention undergraduate course, Fall 2000 Department of Health Science 175 Jennifer R. Piazza Department of Health Science Phone: (657) 278-7137 KHS-243 Fax: (657) 278-5317 California State University, Fullerton Email: [email protected] Fullerton 92831 University of California, Irvine Ph.D. in Psychology and Social Behavior, December 2008 Major emphases: Developmental Psychology and Health Psychology University of California, Irvine M.A. in Social Ecology, 2004 Ithaca College B.A. in Psychology and Planned Studies (Writing), 1998, magna cum laude, with honors in both disciplines Assistant Professor, California State University, Fullerton (CSUF), Department of Health Science, 8/2012-present Research Scientist, Pennsylvania State University, College of Health & Human Development, 1/2009 \u2013 8/2012 Outstanding Teaching Award, Irvine Campus, CSUF, 2015 Biomedical Research Mentorship Program, Health Promotion Research Institute, CSUF, 2015 Funding my Research, CSUF, 2012-2013 Young Scholars Award, American Psychosomatic Society, 2012 National Institute on Aging (NIA) Summer Institute on Aging Research, 2009 Excellence in Undergraduate Mentoring, 2007 and 2008, University of California, Irvine Fellow, Grantmakers in Aging, 2007 Outstanding Service to Students with Disabilities, 2002, Mohawk Valley Community College C.P. Snow Scholarship Award, 1998, for successful integration of the humanities and sciences, Ithaca College Campus Life Award, 1998, 1 of 10 students selected from a graduating class of over 1300 for outstanding contributions to the college community, Ithaca College Sigma-Xi National Research Society, 1998 Phi Kappa Phi Honor Society, 1998 Psi Chi, National Psychology Honor Society, 1998 Outstanding Presentation Award, 1997 and 1998, Eastern Colleges Science Conference John P. Sheehan Scholarship Award, 1994-1998 Department of Health Science 176 Dissertation Writing Fellowship ($9,217), 2008, University of California, Irvine Graduate Dean\u2019s Dissertation Fellowship ($5,000), 2008, University of California, Irvine Fletcher Jones Foundation Fellowship, 2007-2008 ($27,050), awarded annually to one graduate student campus-wide, who has demonstrated the potential to become a leader in academia, industry, government, or public service, University of California, Irvine Dissertation Data Gathering Fellowship ($2500), 2007, University of California, Irvine Data Collection Funding, ($600), 2006, University of California, Irvine Graduate Opportunity Multi-Year Fellowship, 2002-2005, University of California, Irvine Sigma-Xi Grant-in-Aid-of-Research Award ($700), 1998 Charles A. Dana Internship Award ($3000), 1997, Ithaca College Extramural 2015-2017 National Institutes of Health: National Institute on Aging, 1R03AG047955 Daily stressor reactivity and profiles of physical health across adulthood. Role: Principal Investigator. Total costs: $139,100 2013-2015 National Institutes of Health: National Institute on Aging, 1R01AG042431 Aging, emotional well-being, and physical health. Role: Visiting Researcher; Principal Investigator: Susan Charles. Total costs: $300,505 Intramural 2014-2015 Junior/Senior Faculty Research Award, CSUF, Understanding Fibrofog: Examining the link between neuroendocrine activity and cognitive impairment among people with Fibromyalgia. Role: Principal Investigator. Total Costs: $8,719 2014-2015 Incentive Grant, CSUF, Stressor reactivity, sleep and cognitive functioning: Examining associations between people with and without Fibromyalgia. Role: Principal Investigator. Total Costs: $10,000 Aging, emotion and health Biopsychosocial processes and aging Stressor reactivity and health indices Psychophysiology Piazza, J. R., Charles, S. C., Luong, G., & Almeida, D. M. (2015). One size fits all? Applying theoretical predictions about age and emotional experience to people with functional disabilities. Psychology and Aging. Advance online publication. Charles, S. T., Piazza, J. R., Mogle, J., Urban, E. J., Sliwinski, M. J., & Almeida, D. M. (2015). Age differences in emotional well-being vary by temporal reports. Journals of Gerontology: Psychological Sciences. Advance online publication. doi: 10.1093/geronb/gbv011 Department of Health Science 177 Piazza, J. R., Charles, S. T., Sliwinski, M. J., Mogle, J., & Almeida, D. M. (2013). Affective reactivity to daily stressors and long-term risk of reporting a chronic health condition. Annals of Behavioral Medicine, 45, 110-120. doi: 10.1007/s12160-012-9423-0 Stawski, R. S., Cichi, K., Piazza, J. R., & Almeida (2013). Associations among daily stressors and salivary cortisol: Findings from the National Study of Daily Experiences. Psychoneuroendocrinology, 38, 2654-2665. doi: 10.1016/j.psyneuen.2013.06.023 Charles, S. T., Piazza, J. R., Mogle, J., Sliwinski, M. J., & Almeida, D. M. (2013). The wear-and- tear of daily stressors on mental health. Psychological Science, 24, 733-741. doi: 10.1177/0956797612462222 Piazza, J. R., Charles, S. T., Stawski, R. S., & Almeida, D. M. (2013). Age and the association between negative affective states and diurnal cortisol. Psychology and Aging, 28, 47-56. doi: 10.1037/a0029983 Piazza, J. R., & Charles, S. T. (2012). Affective disorders and age: The view through a developmental lens. In S. K. Whitbourne & M. Sliwinski (Eds.), The Handbook of Developmental Psychology: Adulthood and Aging (1st ed., pp. 275-292). Malden, MA: Wiley. Almeida, D. M., Piazza, J. R., Stawski. R. S., & Klein, L. C. (2011). The speedometer of life: Stress, health, and aging. In K. W. Schaie & S. L. Willis (Eds.), The Handbook of the Psychology of Aging (7th ed., pp. 191-206). Oxford, England: Elsevier. Piazza, J. R., Almeida, D. M., Dmitrieva, N. O., & Klein, L. C. (2010). Frontiers in the use of biomarkers of health in research on stress and aging. Journals of Gerontology: Psychological Sciences, 65, 513-252. doi: 10.1093/geronb/gbq049 Charles, S. T., & Piazza, J. R. (2010). Adulthood and aging. In I. B. Weiner & W. E. Craighead (Eds.), Concise Corsini Encyclopedia of Psychology and Behavioral Sciences (4th ed., pp. 38- 39). New York: Wiley. Almeida, D. M., Piazza, J. R., & Stawski, R. (2009). Inter-individual differences and intra- individual variability in the cortisol awakening response: An examination of age and gender. Psychology and Aging, 24, 819-827. doi: 10.1037/a0017910 Charles, S. T., & Piazza, J. R. (2009). Age differences in affective well-being: Context matters. Social and Personality Psychology Compass, 3, 711-734. doi: 10.1111/j.1751- 9004.2009.00202.x Piazza, J. R. (2009). Teaching guide for: Age differences in affective well-being: Context matters. Social and Personality Psychology Compass, 4, 82-88. doi: 10.1111/j.1751- 9004.2009.00240.x Charles, S. T., Piazza, J. R., Luong, G., & Almeida, D. M. (2009). Now you see it, now you don\u2019t: Age differences in affect reactivity to social tensions. Psychology and Aging, 24, 645-653. doi: 10.1037/a0016673 Department of Health Science 178 Piazza, J. R., Charles, S. T., & Almeida, D. M. (2007). Living with chronic health conditions: Age differences in affective well-being. Journals of Gerontology: Psychological Sciences, 62, 313-321. Charles, S. T., & Piazza, J. R. (2007). Memories of social interactions: Age differences in emotional intensity. Psychology and Aging, 22, 300-309. doi:10.1037/0882-7974.22.2.300 Piazza, J. R., & Charles, S. T. (2006). Mental health of the Baby Boomers. In S. Krauss-Whitbourne & S. Willis (Eds.). The Baby Boomers grow up: Contemporary perspectives on midlife (pp. 111-146). Hillsdale, NJ: Erlbaum. Conference Proceedings: Piazza, J. R. (2008). Protecting vulnerable elders: Justice for victims of elder abuse. In Breaking away: Charting a new course in aging philanthropy. Proceedings of the Grantmakers in Aging annual conference, October 31-November 2, 2007 (pp. 8-9). Wayne, PA: Strategic Communications and Planning. Piazza, J. R. (2008). Civic engagement: Community experience partnership. In Breaking away: Charting a new course in aging philanthropy. Proceedings of the Grantmakers in Aging annual conference, October 31-November 2, 2007 (pp. 12-14). Wayne, PA: Strategic Communications and Planning Piazza, J. R., *Orona, G., Zarit, S. (in preparation). Event centrality and daily well-being: The synergistic effect of chronic strains and daily hassles. Piazza, J. R., Sin, N. & Almeida, D. M. (in preparation). Exposure and reactivity to daily stressors and sympathetic nervous system dysfunction. Sin, N., Piazza, J. R., & Almeida, D. M. (in preparation). Affective reactivity to daily stressors predicts mortality 20 years later. *denotes student author Peer-Reviewed Presentations Piazza, J. R. Implementing service learning in gerontology-related courses hybrid approach. (2016, March). Paper to be presented at the annual conference of the Association for Gerontology in Higher Education, Long Beach, CA. Charles, S. T., Piazza, J. R., Luong, G., & Almeida, D. M. (2015, November). Applying predictions about age and emotional experience to people with functional disabilities. Symposium paper to be presented at the annual conference of the Gerontological Society of America, Orlando Department of Health Science 179 Piazza, J. R., Almeida, D. M., Charles, S. T., Mogle, J., & Sliwinski, M. (2013, June). Affective reactivity to daily stressors predicts long-term mental and physical health outcomes. Symposium paper presented at the annual conference of the International Association of Gerontology and Geriatrics, Seoul, Korea. Piazza, J.R., Charles, S. T., Stawski, R. S., & Almeida, D. M. (2012, November). Affect and cortisol: Age matters. Symposium paper presented at the annual conference of the Gerontological Society of America, San Diego, CA. Almeida, D. M., Mogle, J., Piazza, J. R., & Stawski, R. S. (2012, November). Longitudinal patterns of daily stress processes and diurnal cortisol. Symposium paper presented at the annual conference of the Gerontological Society of America, San Diego, CA. Piazza, J. R., Charles, S. T., Almeida, D. M., Mogle, J., & Slwinski, M. (2012, March). Reactivity to daily stressors and long-term risk of reporting a chronic health condition. Paper presented at the annual conference of the American Psychosomatic Society, Athens, Greece. Charles, S. T., Williams, J., & Piazza, J. R. (2012, January). Age differences in physiological reactivity: Letting go versus holding onto negative experiences. Symposium paper presented at the annual conference of the Society for Personality and Social Psychology, San Diego, CA. Piazza, J. R., Gerstorf, D., & Almeida, D. M. (2011, November). Perceptions of neighborhood quality and change in psychological well-being over time. Symposium paper presented at the annual conference of the Gerontological Society of America, Boston, MA. Mallers, M. H., Charles, S. T., Piazza, J. R. (2011, November). Early parent-child relationships and health outcomes across adulthood: An examination of physiological functioning. Paper presented at the annual conference of the Gerontological Society of America, Boston, MA. Piazza, J. R., Charles, S. T., Stawski, R. S., & Almeida, D. M. (2010, November). Age and the association between daily negative affect and bedtime cortisol. Paper presented at the annual conference of the Gerontological Society of America, New Orleans, LA. Almeida, D. M., Piazza, J. R., & Stawski, R. S. Intra-individual variability in the cortisol awakening response: An examination of age and gender (2009, November). Symposium paper presented at the annual conference of the Gerontological Society of America, Chicago, IL. Zoccola, P. M., Piazza, J. R., Quas, J. A., & Yim, I. S. (2009, March). Trait rumination predicts elevated cortisol responses to an acute psychosocial stressor. Symposium paper presented at the annual conference of the American Psychosomatic Society, Chicago, IL. Charles, S. T., Piazza, J. R., & Almeida, D. A. (2008, November). Examining affective reactivity among people with a spinal cord injury. Symposium paper presented at the annual conference of the Gerontological Society of America, National Harbor Department of Health Science 180 Piazza, J. R., Rook, K. S., Charles, S. T., & Newsom, J. (2006, November). Mixed Blessings: The relationship between social ties and affective well-being among older adults. Symposium paper presented at the annual conference of the Gerontological Society of America, Dallas, TX. Piazza, J. R., Charles, S. T., & Almeida, D. (2005, November). Emotional well-being and reactivity to stressors: The benefits of age in the context of chronic illness. Symposium paper presented at the annual conference of the Gerontological Society of America, Orlando, FL. Invited Talks Stawski, R. S., Cichi, K., Piazza, J. R., & Almeida (2013, August). Associations among daily stressors and salivary cortisol: Findings from the National Study of Daily Experiences. Invited talk presented at the annual conference of the American Psychological Association, Honolulu, HI. Piazza, J. R. (2011, December). Stress, health, and aging: The little things matter. Invited talk presented to the Department of Health Science, California State University, Fullerton. Piazza, J. R., Charles, S. T., Stawski, R. S., & Almeida, D. M. (2010, December). Age, emotions, and evening cortisol: Testing the Theory of Strength and Vulnerability Integration (SAVI). Invited talk presented at the Midlife Development in the United States (MIDUS) meeting, Madison, WI. Piazza, J. R. (2007, November). Emotional experience across the lifespan: Separating fact from fiction. Invited talk presented at the annual conference of Grantmakers in Aging, San Diego, CA. Piazza, J. R. (2004, June). The stability of emotional memories over time. Invited talk presented at the Psychology and Social Behavior Colloquium, University of California, Irvine. Charles, S. T., Dmitrieva, N., Moore, A. L., & Piazza, J. R. (2003, October). Age differences in response to emotional stimuli many splendored thing. Invited talk presented at the Psychology and Social Behavior Colloquium, University of California, Irvine. Piazza, J. R., & Sharma, K. (2000, November). Teaching about cultural diversity. Invited talk presented at the Saga-Ken Board of Education mid-year seminar, Saga-City, Japan. Piazza, J. R., & Evans, K. (1999, November). Coping with stress in a foreign country. Invited talk presented at the Saga-Ken Board of Education mid-year seminar, Saga-City, Japan Peer-Reviewed Presentations *Orona, G., Piazza, J. R., Zarit, S. H., & Almeida, D. G. (2014, November) Event centrality and daily well-being: The synergistic effect of chronic strains and daily hassles. Poster presented at the annual conference of the Gerontological Society of America, Washington Department of Health Science 181 *Williams, J., Charles, S. T., Piazza, J. R., Gruenewald, T., & Almeida, D. A. (2013, November) Neighborhood socioeconomic status and physiological risk: An examination of allostatic load. Poster presented at the annual conference of the Gerontological Society of America, New Orleans, LA. Klein, L. C., Piazza, J. R., Walter, K. N., Whetzel, C. A., & Almeida, D. A. (2012, March). Day-to- day variability in number of cigarettes smoked per day: Interpersonal stress matters. Poster presented at the annual meeting of the Society for Research on Nicotine and Tobacco, Houston, TX. Piazza, J. R., Zoccola, P. M., Mackay, J., Dickerson, S. S., & Charles, S. T. (2010, March). Psychological and physiological reactivity to a social evaluative stressor: The effect of caregiving for a spouse with dementia. Poster presented at the annual conference of the American Psychosomatic Society, Chicago, IL. Piazza, J. R., & Charles, S. T. (2008, November). Living with functional disabilities: Age differences in affective well-being. Poster presented at the annual conference of the Gerontological Society of America, National Harbor, MD. *Munoz, E., Piazza, J. R., & Charles, S. T. (2008, November). Control beliefs when faced with the uncontrollable: Perceptions influence emotional outcomes. Poster presented at the annual conference of the Gerontological Society of America, National Harbor, MD. Piazza, J. R., Charles, S. T., & Dickerson, S. S. (2007, November). Adding insult to injury: How reactivity to an acute stressor varies by level of perceived chronic stress. Poster presented at the annual conference of the Gerontological Society of America, San Francisco, CA. Piazza, J. R., & Charles, S. T. (2006, May). Emotional experience during a life transition: Applying the tenets of Socioemotional Selectivity Theory. Poster presented at the annual conference of the Association for Psychological Science, New York, NY. Piazza, J. R., & Charles, S. T. (2005, May). Age differences in perceptions of emotion regulation. Poster presented at the annual conference of the American Psychological Society, Los Angeles, CA. Piazza, J. R., & Charles, S. T. (2004, November). Remembering emotion: Older adults\u2019 experience of relocation. Poster presented at the annual meeting of the Gerontological Society of America, Washington D.C. Rader, N. D., & Piazza, J. R. (1999, April). The effect of reflections on visual cliff avoidance tale of two cliffs. Poster presented at the biennial meeting of the Society for Research in Child Development, Albuquerque, New Mexico. Piazza, J. R., Quimby, J. M. & Rader, N. D. (1998, February comparative analysis of methods employed in visual cliff studies. Poster presented at the conference of the Eastern Psychological Association, Boston Department of Health Science 182 Developmental Psychology Health Psychology Adulthood and Aging Biopsychosocial Processes Research Methods Writing-intensive courses Instructor of Record Spring 2015 Health Science Planning, Research and Evaluation (undergraduate course, two sections Fall 2014 Applied Health Promotion in Aging Populations (undergraduate course); Health Science Planning, Research and Evaluation (undergraduate course Spring 2014 Health Science Planning, Research and Evaluation (undergraduate course, two sections Spring 2013 Health Science Planning, Research and Evaluation (undergraduate course, two sections Fall 2012 Applied Health Promotion in Aging Populations (undergraduate course); Research Methods in Gerontology (graduate course Winter 2009 Life-Span Developmental Psychology (undergraduate course Average student opinion rating across all courses: 3.81 out of 4.00 Average student opinion rating for course: 6.44 out of 7.00 Additional Teaching Experience Teaching Assistant, University of California, Irvine Research Methods (Fall 2003; Winter 2004; Spring 2004) Clinical Psychology (Fall 2005) Statistics (Winter 2005) Teaching Assistant, Ithaca College Developmental Psychology (Fall 1997; Spring 1998) Writing Tutor, Ithaca College (Fall 1997; Spring 1998) Tutor/Mentor for at-risk students, Mohawk Valley Community College, Utica (4/2001-6/2002) Assistant Language Teacher, Japan Exchange and Teaching Program, Saga, Japan (7/1998-7/2000 Statistical Expertise: SPSS, SAS, Multi-Level Modeling Statistical Coursework: Advanced Data Analysis and II; Applied Longitudinal Data Analysis, Meta-Analysis, Structural Equation Modeling Department of Health Science 183 Member of the Gerontological Society of America Member of the American Psychosomatic Society Departmental Service 2012 - Current Member Program Committee 2014 - 2015 Co-Chair, Award and Events Planning Committee 2012 - 2014 Member Comprehensive Exam Committee 2012 - 2014 Chair Colloquia/Workshop Ad Hoc Committee 2002 - 2003 Co-Organizer of the Psychology and Social Behavior colloquium series University Service 2015 Reviewer, Outstanding Student Award 2015 Reviewer, Southern California Conferences for Undergraduate Research 2013 - Current Member, Health Promotion Research Institute 2013 - Current Steering Committee Member, Institute of Gerontology 2013 - Current Member, Faculty Hearing Committee 2012 - 2014 Member, Gerontology Program Council 2012 - 2013 Member, Gerontology Curriculum Program Committee Professional Service 2012 - 2013 Program Co-Chair, American Psychological Association (APA), Division 7 2013 Symposium Organizer, APA, Division 7. Symposium title: Trauma, stress and cortisol. 2013 Symposium Organizer, APA, Division 7. Symposium title: Neurological and Physiological Implications of Maltreatment 2012 Symposium Organizer, Gerontological Society of America. Symposium title: Stressor accumulation, health and well-being: The effects of adverse, additive life experiences. 2010 Conference Abstract Reviewer, American Psychosomatic Society 2009 Program Review Committee Member, APA, Division 7 Community Service 2012-Current Founding Member, Orange County Healthy Aging Initiative (OCHAI) Ad Hoc Reviewer Aging and Mental Health Aging, Neuropsychology & Cognition Annals of Internal Medicine Developmental Psychology Emotion International Journal of Psychology & Counselling Journal of Social & Personal Relationships Journal of Research in Personality Psychological Science Department of Health Science 184 Social Science and Medicine David Almeida, Ph.D. Susan T. Charles, Ph.D. Professor Professor The Gerontology Center Dept. of Psychology & Social Behavior Dept. of Human Development & Family Studies University of California, Irvine Pennsylvania State University 4326 Social & Behavioral Sciences Gateway 114 Henderson Bldg. Irvine 92697-7085 University Park 16802 (949) 824-1450 (814) 865-7686 [email protected] [email protected] Linda J. Levine, Ph.D. Steven H. Zarit, Ph.D. Professor Distinguished Professor Dept. of Psychology and Social Behavior Dept. of Human Development & Family Studies University of California, Irvine Pennsylvania State University 4558 Social & Behavioral Sciences Gateway 211 Henderson Bldg., South Irvine 92697-7085 University Park 16802 (949) 824-7692 814-865-5260 [email protected] [email protected] Department of Health Science 185 Alysia A. Ransons 1252 East Bell Avenue | Anaheim 92805 (626) 235-7289 | [email protected] California State University, Dominguez Hills January 2007 \u2013 May 2012 Community College Teaching Certificate Program California State University, Fullerton August 2005 \u2013 June 2007 Master\u2019s of Public Health with an emphasis in Health Promotion California Family Health Council (CFHC) Certified October 2004 Family Planning Health Worker Certified Health Education Specialist (CHES) April 2004 California State University, Fullerton August 1999 \u2013 June 2004 Bachelor\u2019s of Science in Health Science Emphasis in Health Promotion and Disease Prevention Undergraduate Advisement Coordinator & Lecturer August 2012 \u2013 Present California State University, Fullerton Health Science Department Fullerton \uf0b7 Courses: 220: Concepts in Health Science 400: Program Design, and 495: Health Science Internship \uf0b7 Develop lesson plans and teach course topic weekly. \uf0b7 Advise undergraduate students through in-person individual appointments and electronically via email \uf0b7 Present undergraduate program information at New Student and Transfer Student Orientations \uf0b7 Collaborate with on-campus departments and organizations to provide resources to students \uf0b7 Additional responsibilities: graduation checks, career advising, probation advising, course audit reviews, registration issues and permits, student success campaigns, etc. Part-Time Faculty and Teaching Assistant January 2007 \u2013 August 2012 California State University, Fullerton Health Science Department Fullerton \uf0b7 Courses 342: Stress Management 400: Program Design, and 495: Health Science Internship \uf0b7 Develop lesson plans and teach course topic weekly. \uf0b7 Procter examinations. \uf0b7 Define grading rubric and grade exams, oral presentations and research papers. Community Education Manager September 2009 \u2013 June 2011 Planned Parenthood of Orange and San Bernardino Counties Community Education and Outreach Department Orange \uf0b7 Manage the Phone, Online, and Text Hotlines. \uf0b7 Develop ideas and strategies to increase the use of the Hotlines. \uf0b7 Supervise Hotline staff and Independent Consultants Department of Health Science 186 \uf0b7 Maintain agency and grant-funded program budgets and reports. \uf0b7 Coordinate medical center appointment requests online and by phone. Promotions: Program Manager July 2006 \u2013 September 2009 Program Coordinator September 2005 \u2013 July 2006 Program Evaluator/Health Educator November 2004 \u2013 September 2005 Program Assistant March 2004 \u2013 November 2004 Extraordinary Internship Coordinator Award May 2013 Awarded by: Undergraduate Programs \u2013 Academic Advising Outstanding Advising Program Award \u2013 Peer Nominated December 2012 Awarded by: Center for Internship and Community Engagement \u201cSexual Health Services of Tomorrow for Today's Youth\u201d Los Angeles September 2009 Southern California Sexual Health Roundtable - Roundtable Presentation \u201cOnline Hotline & Text Messaging: Increasing Effective Outreach & Clinical Access\u201d San Jose May 2008 Teen Pregnancy Prevention Annual Meeting - Workshop Presentation ;) OMG. Instant Messaging: Speaking the Language of Youth\u201d San Francisco January 2008 Sex: Tech Conference - Workshop Presentation \u201cReproductive and sexual health information delivered via an anonymous hotline\u201d Boston November 2006 American Public Health Association (APHA) Annual Meeting and Exposition - Poster Presentation Health and Wellness for Life Textbook May 2009 Chapters Written: Reproductive Choices and Conception, Pregnancy, and Childbirth Planned Parenthood of Orange and San Bernardino Counties January 2007 \u2013 May 2007 Master\u2019s Internship \uf0b7 Plan and implement an Annual Orange County Young Women\u2019s Health Conference. \uf0b7 Organize all aspects and details of a full-day conference, including: workshops, keynote speakers, lunch, child care, and resource fair. Planned Parenthood of Orange and San Bernardino Counties January 2004 \u2013 May 2004 Bachelor\u2019s Internship \uf0b7 Research pre-teen comprehensive sex education curricula Department of Health Science 187 \uf0b7 Create program incentives. \uf0b7 Streamline office organizational systems Department of Health Science 188 Pimbucha Rusmevichientong Department of Health Science Phone: 657-278-7495 INFORMATION: California State University, Fullerton Email: [email protected] 800 North State College Blvd., Webpage: Fullerton, California, 92834 Room KHS-135 2015 PhD in Applied and Behavioral Health Economics, Dyson School of Applied Economics and Management Department, Cornell University 2007 in Agricultural Economics, Dyson School of Applied Economics and Management Department, Cornell University 2005 in Economics, Chulalongkorn University, Thailand Health Economics, Behavioral and Experimental Economics on obesity, malnutrition, smoking, food labeling, food and anti-obesity advertising on eating behaviors, food calorie misperception, food policy intervention to improve health outcome via changing economic incentives or creating behavioral nudges 2015 - Present Assistant Professor, Department of Health Science, California State University, Fullerton 10/2014 - Present Student Multidisciplinary Applied Research Team (SMART), Cornell University, Project leader 2011-2015 Cornell University, Teaching assistant 06 - 08/2013 United Nations ESCAP, Thailand, Short-term research intern 2008 - 2011 Thailand Ministry of Agriculture and Cooperatives, Agricultural market researcher 2005 - 2006 Chulalongkorn University, Health economics researcher Department of Health Science 189 \u2013 Peer-reviewed journal articles 1. Streletskaya NA, Amatyakul W, Kaiser HM, Rusmevichientong and Jura Liaukonyte J. Menu-Labeling Formats and their Impact on Dietary Quality. Forthcoming in Agribusiness: an International Journal (forthcoming) 2. Rusmevichientong P, Streletskaya NA, Amatyakul and Kaiser HM. The Impact of Food Advertisements on Changing Eating Behaviors: An Experimental Study. Food Policy. V44 (2014). pp. 59-67. 3. Streletskaya NA, Rusmevichientong P, Amatyakul and Kaiser HM. Taxes, Subsidies, and Advertising Efficacy in Changing Eating Behaviors: An Experimental Study. Applied Economic Perspectives and Policy (2013). pp.1-29. 4. Rusmevichientong and Kaiser HM. Are There Halo Effects of Grain Export Promotion? Applied Economics. 43(Oct 2011). pp.1435-1446. 5. Rusmevichientong and Kaiser HM. Measuring the Effectiveness of U.S. Rice Export Promotion Programs. Agribusiness: An International Journal. 25(2009). pp. 215-230. 6. Rusmevichientong and Kaiser HM. An Economic Analysis of U.S. Rice Export Promotion Programs. Agricultural and Resource Economics Review. 36(2007). pp. 357 1. Rusmevichientong P, Gomez MI, Ranney C, and Kaiser HM. Food Stamps, Food Insufficiency, and Health of the Elderly. The 2015 iHEA (International Health Economics Association) Congress Conference, Milan, Italy, July 11, 2015 2. Rusmevichientong P, Gomez MI, Ranney C, and Kaiser HM. Food Stamps, Food Insufficiency, and Health of the Elderly. The 7th Annual Cornell Sociological Symposium, The Sociology Graduate Student Association, Cornell University, NY, March 11, 2015 (upcoming). 3. Kaiser and Rusmevichientong P. Halo Effects of Export Grain Promotion Programs. Research Committee on Commodity Promotion (NEC-63) Spring Meeting, Hilton Head Island, SC, March 14, 2008. 4. Rusmevichientong and Kaiser HM. An Economic Analysis of U.S. Rice Export Promotion Programs. Research Committee on Commodity Promotion (NEC-63) Fall Meeting, Vancouver, Canada, September 2627, 2007. 5. Rusmevichientong and Kaiser HM. An Economic Analysis of U.S. Rice Export Promotion Programs. Northeastern Agricultural and Resource Economics Association, in Rehoboth Beach, Delaware, 2007 Department of Health Science 190 1. \u201cFood Stamps, Food Insufficiency and Health of the Elderly\u201d (Job Market Paper) with Miguel Gomez, Christine Ranney, and Harry Kaiser (2015) 2. \u201cThe Impact of Unemployment and Obesity on Mental Depression: An Observational Study\u201d with Harry Kaiser (2015 03/2015 Graduate Conference Grant, Cornell University 07/2014 G.F.Warren Award, Cornell University 08/2011 - 08/2012 Cornell Graduate Fellowship 11/2010 - 01/2011 Government of India Scholarship 08/2009 Outstanding Master\u2019s Thesis Award of Northeastern Agricultural and Resource Economics Association (NAREA) 10/2009 Best Quality Research Award, Thailand Ministry of Agriculture and Cooperatives 08/2008 G.F.Warren Award, Cornell University 08/2007 Travel Grant 08/2006 - 12/2007 Royal Thai Government Scholarship 03/2015 - Present International Health Economics Association 01/2015 - Present Agricultural and Applied Economics Association 08/2012 - Present President of Cornell-Thai Graduate Student Association 08/2012 - Present Supervisor of Stone Computing Help Desk at Mann Library, Cornell University 08/2012 - Present Student Mentor of Charles H. Dyson School of Applied Economics and Management 08/2006 -10/2007 Student Assistant of Olin Library and Kroch Library in Thai Manuscripts Section, Cornell University 08/2006 -10/2007 Member of Graduate Committee, Cornell University Statistical software (proficient), Eviews (proficient and (working knowledge) Languages: Thai (native), English (fluent), Spanish (basic), Mandarin (basic Department of Health Science 191 Sora Park Tanjasiri, DrPH Department of Health Science, California State University, Fullerton 800 N. State College Blvd, Fullerton, CA, 92834-3599 Tel: (657)278-4592; Fax: (657)278-5317 Email: [email protected] University of California, Berkeley, Bachelor of Arts (BA), Biochemistry, 1986 University of California, Los Angeles, Master of Public Health (MPH), Behavioral Science, 1989 University of California, Los Angeles, Doctor of Public Health (DrPH), Community Health Science, 1996 Wang Family Excellence Award in Education, and Professional and Applied Sciences, California State University Office of the Chancellor, January 2015 Champions of Health Professions Diversity Award, The California Wellness Foundation, June 2013 Outstanding Professor Award, California State University, Fullerton, 2012-2013 Extraordinary Internship Coordinator, Center for Internships and Community Engagement, California State University, Fullerton, April 2012 Distinguished Faculty Member/Faculty Marshall Award, Department of Health & Human Development, California State University, Fullerton, May 2010 Chancellor\u2019s Award in Clinical and Translational Science: Promising Community Research Investigator, University of California, Irvine, November 2009 Jewel Plummer Cobb Diversity in Education Award, California State University, Fullerton, 2005 National Evaluation Fellow, W.K. Kellogg Foundation, October 1999-December 2000 Doctoral Fellow, National Cancer Institute, August 1991-July 1994 California State University, Fullerton 2014-present Chair, Department of Health Science ( Department of Health Science 192 Responsible for oversight of 4 full-time staff, strategic planning, budget and resources, scheduling, community advisory board, 1500 undergraduate and 70 graduate students, accreditation, and hiring and evaluation of 19 full-time tenure-track/tenured faculty and lecturers, 40 part-time lecturers. 2008-present Director or Co-Director, Health Promotion Research Institute ( Oversees 3 full-time staff, strategic planning, budget and resources, community advisory board, and faculty steering committee to promote faculty research development, pre- award grant proposal submission, and post-award grant award implementation among 60+ faculty members from 7 colleges. Facilitates university-community partnership on health promotion and research. 2008-present Professor, Department of Health Science 2005-2010 Director, Center for Cancer Disparities Research ( 2003-2007 Associate Professor, Department of Health Science University of California, Irvine 1999-2003 Assistant Researcher, Department of Urban & Regional Planning, School of Social Ecology 1998-1999 Postdoctoral Researcher, Department of Environmental Analysis & Design, School of Social Ecology 1997-1998 Lecturer, Department of Environmental Analysis & Design, School of Social Ecology Community Health Education 410): Undergraduate elective course for Health Science majors that introduces core concepts, skills, and settings relevant to health education professionals working in community environments. Promoting Health in Multicultural Populations 411): Undergraduate elective course for Health Science majors and minors that explores the factors influencing the health of multicultural populations in the U.S. Issues in Public Health 500): Graduate core course on the range of contemporary social, spiritual, public and environmental health issues. Advanced Topics in Community Health 520): Created graduate course on the theories, principles, planning and intervention strategies, and evaluation approaches, and incorporates service learning to promote understanding of relevant community health organizing and promotion strategies in Department of Health Science 193 the United States. Advanced Issues in Health Promotion 540): Graduate core course on the multidisciplinary theories relevant to the mission and processes of health promotion; also fulfills graduate writing requirement Principal, Multiple, or Co-Principal Investigator 1. North Orange County Allied and Other Health Careers Opportunity Program HCOP), $1,765,618 (Multiple Principal Investigator, 9/1/14-8/31/17). Training program to promote disadvantaged high school, community college, and 4-year college students into accredited post- baccalaureate allied health programs. 2. WINCART-GMaP Supplement, $169,999 (Multiple Principal Investigator, 9/1/14-8/31/15). Project to collect biospecimen samples from Pacific Islander adults to build a biobank for future genetic research. 3 Community Health Educator Supplement, $64,974 (Multiple Principal Investigator, 9/1/2014-8/31/2015). Pilot project to develop and test the effectiveness of a biospecimen education campaign among Pacific Islander adults. 4 and Partnership for Cancer Health Disparities Research, $757,345 portion only) (Multiple Principal Investigator, 9/21/12-8/31/2016 four-year partnership between the California State University, Fullerton and University of California, Irvine Chao Family Comprehensive Cancer Center to increase cancer health disparities research in Orange County. 5 Community Health Educator Supplement, $53,495 (Multiple Principal Investigator, 9/1/2013-8/31/2014). Pilot project to develop and test the effectiveness of a physical activity campaign among Pacific Islander adults. 6 Pap Test Intervention to Enhance Decision Making among Pacific Islander Women, $2,678,046 (Multiple Principal Investigator, 9/23/10-7/31/15 randomized control trial funded by the National Cancer Institute (1R01CA149324) to test the effectiveness of a social support intervention to increase Pap testing among Chamorro, Samoan and Tongan women in Los Angeles, Orange and San Diego counties. 7 Pap Test Intervention: Diversity Supplement (Paige), $132,216 (Multiple Principal Investigator, 8/14/2012-7/31/2014). 8. Weaving an Islander Network for Cancer Awareness, Research and Training (WINCART), $4,161,581 (Multiple Principal Investigator, 9/2/10-9/1/15 five year Community Network Program Center funded by the National Cancer Institute (1U54CA153458) to conduct community- based participatory research via a Pacific Islander cancer control consortium in five counties of Southern California, with the aims of promoting cancer prevention and control education, recruitment and training of new investigators, and studies appropriate for five groups: Chamorros, Hawaiians, Marshallese, Samoans and Tongans. 9 Community Health Educator Supplement, $50,000 (Multiple Principal Investigator, 9/1/2012-8/31/2013). Pilot project to develop and test the effectiveness of a physical activity education campaign among Pacific Islander adults. 10 Diversity Supplement (Cheri), $21,776 (Multiple Principal Investigator, 5/1/2011- 8/31/2012. 11 Partnership to Increase Screening in Racial/Ethnic Minority and Other Underserved, $122,858 (Principal Investigator, 8/18/2010-4/12/2012). Pilot project collaboration Department of Health Science 194 with St. Joseph of Orange Hospital to increase colorectal cancer navigation among Pacific Islander adults. 12 for Women (Promoting Access to Health for Pacific Islander and Southeast Asian Women), $4,250,000 (Co-Principal Investigator, 9/30/2007-9/29/2012 five year Center of Excellence funded by the Centers for Disease Control and Prevention to promote dissemination of model programs to reduce breast and cervical cancer health disparities among Cambodians, Chamorros, Hmong, Lao, Marshallese, Native Hawaiians, Samoans, Thais, Tongans, and Vietnamese in Southern California. 13 Comordibity among Pacific Islanders, $175,000 (Principal Investigator, 5/1/09-9/31/2010 funded exploratory study of and knowledge, attitudes, and risk reduction behaviors among Chamorro and Tongan youth and parents in Los Angeles. 14. Breast Cancer Health Navigation Project, $210,448 (Principal Investigator, 5/1/09-4/30/2011). Pilot project to develop and test a cancer health navigation program to promote breast cancer screening for Tongan American women in Southern California. 15. WINCART: Summer Research Experiences for Pacific Islander Students, $44,135 (Principal Investigator, 7/13/09-9/30/10). Supports summer research training for up to 20 Pacific Islander high school and college students in Southern California. 16. Physical Activity & Nutrition among Pacific Islander Youth: An Exploratory Study, $353,327 (Principal Investigator, 5/1/07-4/30/09). An exploratory study funded by the National Cancer Institute (R21) to assess physical activity and nutritional intake among Marshallese, Samoan and Tongan adolescents age 14-17 in Southern California. 17. Social Support among Samoan Breast Cancer Survivors, $69,686 (Co-Principal Investigator, 7/1/06- 12/31/07 pilot study funded by the California Breast Cancer Research Program of the social support needs for Samoan survivors and their caregivers. 18. Weaving an Islander Network for Cancer Awareness, Research and Training (WINCART), $2,601,348 (Principal Investigator, 5/1/05-4/30/10 five year Community Network Program funded by the National Cancer Institute (U01 CA114591) to establish a Pacific Islander cancer control consortium in five counties of Southern California, with the aims of promoting cancer prevention and control education, recruitment and training of new investigators, and research efforts appropriate for five groups: Chamorros, Hawaiians, Marshallese, Samoans and Tongans ( 19. Lymphedema and Pacific Islander Breast Cancer Survivorship, $52,564 (Principal Investigator, 5/1/08-4/30/09 pilot project award as part of WINCART. 20. Correlates of Cancer Screening for Pacific Islanders, $69,750 (Principal Investigator, 5/1/07- 4/30/09 pilot project award as part of WINCART. 21. Behavior and Beliefs related to Diet in Hawaiians, $71,872 (Principal Investigator, 5/1/07-4/30/09 pilot project award as part of WINCART. 22. Creating the Physical Activity Questionnaire, $55,499 (Principal Investigator, 5/1/07-4/30/09 pilot project award as part of WINCART. 23. Projected incidence of cancer among Pacific Islanders, $81,500 (Principal Investigator, 5/1/07- 4/30/09 pilot project award as part of WINCART. 24. Environmental Influences on Tobacco Use among Communities, $150,860 (Co-Principal Investigator, 7/1/04-6/30/07 three year, Tobacco Related Disease Research Program (TRDRP) funded project to explore the association between pro- and anti-tobacco environmental characteristics of communities and tobacco use among youth in those communities. 25. Using Video to Promote Cancer Screening in Thai Women, $129,882 (Co-Principal Investigator, 12/01/04-11/30/06 two year study funded by the National Cancer Institute (1 R03 CA113158-01) to test the effectiveness of an Education-Entertainment formatted video to increase the use of Pap tests among Thai women in Los Angeles, California. 26 Youth Leadership Evaluation Project, $11,500 (Principal Investigator, 1/1/04-12/31/04 one year evaluation of a national youth leadership training program for tobacco prevention and Department of Health Science 195 control among Asian Americans and Pacific Islanders. 27. Exploration of Tobacco Use in Asian Pacific Islander Youth, $92,076 (Co-Principal Investigator, 7/1/2002-12/31/2003). An 18-month Tobacco Related Disease Research Program (TRDRP) funded project to explore the tobacco use prevention needs among Chamorro and Vietnamese youth in Southern California. 28 Network-Based Approach to Cancer Control for Chamorros, $206,213 (Co-Principal Investigator, 7/01-6/04 three year, California Breast Cancer Research Program (CBCRP) funded, quasi- experimental intervention project to increase breast cancer screening among Chamorros in Southern California. 29. Achieving Cancer Control Together (ACCT), $475,000 (Co-Principal Investigator, 8/00-7/05). Four year, Robert Wood Johnson Foundation-funded intervention study to build community-based coalitions addressing the reduction of cancer mortality and morbidity the Chinese and Korean communities of Orange County. 30. Promoting Access to Health for Pacific Islander and Southeast Asian Women: Phase 2, $1,000,000 (Co-Principal Investigator, 10/00-9/04). Four-year CDC-funded effort to increase breast and cervical cancer screening among women in seven communities: Cambodian, Chamorro, Laotian, Samoan, Thai, Tongan and Vietnamese. 31. Hmong Breast Cancer Study, $200,000 (Co-Principal Investigator, 7/00-6/03). Quasi-experimental design funded by the California Breast Cancer Research Program to study the effect of a community intervention program on the breast cancer knowledge, attitudes and behaviors of Hmong women in Fresno, Long Beach, Orange County, and San Diego. 32. Promoting Access to Health for Southeast Asian and Pacific Islander Women: Phase 1, $100,000 (Co-Principal Investigator, 10/99-9/00). One-year CDC-funded effort to assess the breast and cervical cancer needs of women in seven communities: Cambodian, Chamorro, Laotian, Samoan, Thai, Tongan and Vietnamese. 33. Breast Cancer Knowledge and Attitudes: California Pacific Islanders, $70,000 (Principal Investigator, 7/1/97-6/30/99). California Breast Cancer Research Program-funded pilot study to conduct baseline focus group and survey activities to assess the barriers and facilitators to breast cancer screening among Chamorro and Tongan communities in Los Angeles and Orange County. 34. Tobacco Policy Advocacy among Asian Pacific Islanders, $10,000 (Principal Investigator, 1/1/95- 6/30/96). American Cancer Society-funded study that involved conducting primary data collection in support of doctoral dissertation on policy advocacy, including survey design, interview administration, data management and analyses. Co-Investigator or Advisory Committee Member 1. Healthy Asian and Pacific Islander Youth (HAPIY) project, $1,500,000 (Advisory Committee member, 9/1/2012-8/31/2017). The goal of this project is to create services and implement individual, community and systems-change strategies that provide very low income and other youth with skills and experiences to make healthier choices along the life course. 2. Bridging Research, Innovation, Training and Education for Minority Health Disparities Solutions (BRITE) (Training Core Co-Director, 8/1/12-1/31/17 four year center at to promote heath disparities research, create community partnerships, strengthen research education and training, and identify efficacious approaches to improving the health and health care of racial/ethnic minority populations. 3. Evaluation of the Paso Del Norte\u2019s Healthy Communities Initiative, $75,000 (Co-Investigator, 8/00- 12/00). Paso Del Norte Health Foundation funded evaluation to conduct a qualitative, strategic review of its nine community health projects involving coalition and community capacity building in El Paso, Texas. 4. Evaluation of The California Endowment\u2019s Welfare Reform Initiative, $90,000. (Co-Investigator Department of Health Science 196 1/99-12/99). Designed and conducted evaluation of a foundation investment area, which includes surveys, case studies, report writing and presentation of findings 1 Center and Institute Planning and Expansion Program, $10,000 (Multiple Principal Investigator, 1/1//2014-6/30/2014). Supported the reorganization of the Health Promotion Research Institute into cores, and provided seed funding to one faculty member for research proposal development. 2 Center and Institute Planning and Expansion Program, $15,000 (Multiple Principal Investigator, 7/15//2010-7/14/2011). Supported the expansion of the Health Promotion Research Institute to promote strategic planning, community advisory board planning, and research proposal development with member faculty. 3. Asian Pacific Islander Task Force of Orange County, $1,000 (Principal Investigator, 4/1/05-11/1/05 one year participatory action research effort funded by the Center for Internships & Service- Learning to assess the breast and cervical cancer education needs of Chinese, Korean, Native Hawaiians and Marshallese in Orange County (* indicates publications with students; last author position usually indicates mentorship of the first author) 1. Pike JR, Tan N, Sabado-Liwag MD, Orne A, Toilolo T, Cen S, May V, Lee C, Pang VK, Rainer MA, Vaivao DES, Lepule JT, Tanjasiri SP, Palmer PH. (Accepted for publication). Developing an internet-based ecological momentary assessment system to measure cigarette use among Pacific Islanders mHealth and uHealth. 2. Mouttapa M, Tanjasiri SP, Weiss J, Sablan-Santos L, DeGuzman Lacsamana J, Quitugua L, Flores P, Flores P, Paige C, May VT, Tupua M, Vaivao DS, Taito P, Vaikona E, Vunileva I. (Accepted for publication). Do You Perceive What Perceive? Men\u2019s Perceived Provision and Women\u2019s Perceived Receipt of Social Support Regarding Pap Screening in Pacific Islander Communities. Asia-Pacific Journal of Public Health. 3. Wang R, Tanjasiri SP, Palmer P, Valente TW. (Accepted for publication). Network structure, multiplexity, and evolution as influences on community-based participatory research collaboration. Journal of Community Psychology. 4. Valdez A, Stewart S, Tanjasiri SP, Garza A, Levy V. (Accepted for publication). Design and Efficacy of a Multilingual, Multicultural Vaccine Education Intervention, Journal of Communication in Healthcare: Strategies, Media and Engagement in Global Health. 5. * Paige C, Peters R, Fifita L, Parkhurst M, Beck LL, Tulua A, Hui B, May VT, Tanjasiri SP. (2015). Enhancing Community-Based Participatory Research Partnerships through Appreciative Inquiry. Progress in Community Health Partnerships, 9(3): 457-463. 6. Tanjasiri SP, Weiss JW, Sablan-Santos L, Lacsamana JD, Quitugua L, Flores P, Flores, P, Pele C, Tupua M, Taito P, Lutu G, Vaikona E, Vunileva I, May VT, Mouttapa M, Paige C. (2015). CBPR- Informed Adaptations in a Randomized Study of Pap Testing among Pacific Islander Women in Southern California. Progress in Community Health Partnerships, 9(3): 389-396. 7. H\u00e9bert JR, Satariano WA, Friedman DB, Armstead CA, Greiner A, Felder TM, Coggins TA, Tanjasiri SP, Braun KL. (2015). Fulfilling Ethical Responsibility: Moving Beyond the Minimal Department of Health Science 197 Standards of Protecting Human Subjects from Research Harm. Progress in Community Health Partnerships, 9: 41-50. DOI: 10.1353/cpr.2015.0021. 8. Braun KL, Chen JS, Steward S, Baquet C, Berry-Bobovski L, Blumenthal D, Brandt H, Buchwald DS, Campbell JE, Coe K, Cooper LC, Epsinoza P, Henry-Tillman R, Hargreaves M, James A, Kaur JS, Viswanath KV, Ma GX, Mandelblatt J, Meade C, Ramirez A, Scarinci I, Tanjasiri SP, Thompson B, Vines A, Dignan M. (2015). NCI\u2019s Community Networks Program Initiative to Reduce Cancer Health Disparities: Lessons in Partnership and Research. Progress in Community Health Partnerships, 9: 21-32. DOI: 10.1353/cpr.2015.0017. 9. Felder TM, Braun KL, Brandt HM, Khan S, Tanjasiri SP, Friedman DB, Armstead CA, Okuyemi KS, H\u00e9bert JR. (2015). Mentoring and training of cancer-related health disparities researchers committed to community-based participatory research. Progress in Community Health Partnerships, 9: 97-108. DOI: 10.1353/cpr.2015.0020. 10. * LaBreche M, Cheri A, Custodio H, Fex CC, Foo MA, Lepule JA, May VT, Orne A, Pang JK, Pang VK, Sablan-Santos L, Schmidt-Vaivao D, Surani Z, Talavou MF, Toilolo T, Palmer PH, Tanjasiri SP. (2015). Let\u2019s Move for Pacific Islander communities: An evidence-based intervention to increase physical activity. Journal of Cancer Education, DOI: 10.1007/s13187-015-0875-3. 11. * Dutciuc TD, Gorman N, Tanjasiri SP, Brown B. (2014). Qualitative interviews of Romanian key informants guiding a preliminary health needs assessment of Romanian immigrants in Southern California. Californian Journal of Health Promotion, 12(1): 53-61. 12. * Kwan PP, Brian G, Lee C, Lepule J, Pang JK, Sabado M, Sablan-Santos L, Schmidt-Vaivao D, Tanjasiri SP, Tui`one V, Palmer PH. (2014). Use of a Community-Based Participatory Research Approach to Assess Knowledge, Attitudes, and Beliefs on Biospecimen Research Among Pacific Islanders. Health Promotion Practice, 15(3): 422-430. DOI: 10.1177/1524839913516464. 13. * Sur R, Peters R, Beck LL, Fifita M, Gonzalez M, Guevara L, Palmer PH, Tanjasiri SP. (2013 Pacific Islander Organization\u2019s Approach Towards Increasing Colorectal Cancer Knowledge and Beliefs. Californian Journal of Health Promotion. 11(2): 12-20. 14. Tanjasiri SP, Lew R, Mouttapa M, Lipton R, Lew L, Has S, Wong M. (2013). Environmental influences on tobacco use among Asian American and Pacific Islander youth. Health Promotion Practice, 14 (5S): 40-47. DOI: 10.1177/1524839913484762. 15. * Palmer P, Lee C, Santos L, Lepule J, Pang V, Tui\u2019one V, Etimani-Vaivao DS, Sabado MD, Sur R, Tanjasiri SP. (2013) Eliminating Tobacco Disparities among Native Hawaiian Pacific Islanders through Policy Change: The Role of Community-Based Organizations. Health Promotion Practice, 14 (5S): 36S-39S. DOI: 10.1177/1524839913486150. 16. Roberts E, Kumar B, Collins N, Guo L, King G, Wong M, Barlow J, Bichler J, Cady L, Engel C, Garrett D, Harrison M, Morieko A, Murgai N, Tanjasiri SP, & Pierce K. (2013). Guidelines for the mapping of cancer registry data: Results from a breast cancer expert panel study. Journal of Public Health Management and Practice, 19(3): E1-E10. DOI: 10.1097/PHH.0b013e318268aef1. 17. * DiStefano A., Quitugua L., Hui B., Barrera-Ng A., Peters R., Vunileva I., Dimaculangan J., Tui\u2019one V., Takahashi L., & Tanjasiri S. (2013 community based participatory research study on and risk and prevention in two Pacific Islander communities: Ethical challenges and collaborative solutions. Journal of Empirical Research on Human Research Ethics, 8(1): 68-78. DOI: 10.1525/jcr.2013.8.1.68. 18. Felder TM, Brandt HM, Armstead C, Cavicchia PP, Braun KL, Adams SA, Friedman DB, Tanjasiri SP, Steck SE, Smith ER, Daguis\u00e9, & H\u00e9bert JR.(2012). Creating a Cadre of Junior Investigators to Address the Challenges of Cancer-Related Health Disparities: Lessons Learned from the Community Networks Program. Journal of Cancer Education, 27(3): 409-17. PMID: 22528636 19. * DiStefano A, Hui B, Barrera-Ng A, Quitugua L, Peters R, Dimaculangan J, Vunileva I, Tui'one V, Takahashi L, & Tanjasiri (2012). Contextualization of and risk and prevention among Pacific Islander young adults in Southern California. Social Science & Medicine, 75(4): 699-708. DOI: 10.1016/j.socscimed.2012.04.011. 20. * Bryars T, Mouttapa M, McMahan S, & Tanjasiri SP. (2012). Results of a school-based obesity Department of Health Science 198 prevention program targeting early childhood students. Californian Journal of Health Promotion, 10(1): 92-105. 21. Tanjasiri SP, Mouttapa M, Quitugua L, & Sablan-Santos L. (2012). What promotes cervical cancer screening among Chamorro women in California? Journal of Cancer Education. 27:725-730 10.1007/s13187-012-0394-4 22. * McEligot AJ, McMullin J, Pang K, Bone M, Winston S, Ngewa R, Tanjasiri SP. (2012). Dietary intakes, obesity and health behaviors in Native Hawaiians residing in Southern California. Hawai`i Journal of Medicine and Public Health, 71(5): 124-8. 23. Love G, & Tanjasiri SP. (2012). Using entertainment-education to promote cervical cancer screening in Thai women. Journal of Cancer Education, 27(3): 585-590 10.1007/s13187-012- 0369-5 24. Braun KL, Nguyen TT, Tanjasiri SP, Campbell J, Heiney SP, Brandt HM, Smith SA, Blumenthal DS, Hargreaves M, Coe K, Ma GX, Kenerson D, Patel K, Tsark JA, & He\u00b4bert JR. (2012). Operationalization of community-based participatory research principles: assessment of the National Cancer Institute\u2019s Community Network Programs. American Journal of Public Health, 102 (6): 1195-1203. doi: 10.2105/AJPH.2011.300304 25. * Tanjasiri SP, Wiersma L, Briand G, Faletau V., Lepule J., Nacpil L., & Eichenauer, J. (2011). Balancing community and university aims in a study of obesity and physical activity in Pacific Islander youth. Progress in Community Health Partnerships, 5(1):19-25. 26. Tanjasiri SP, Lew R, Kuratani DG, Wong M, & Fu L. (2011). Using Photovoice to assess and promote environmental approaches to tobacco control. Health Promotion Practice, 12: 654 - 665 10.1177/1524839910369987 27. * Tanjasiri SP, Mataalii S, Hanneman M, & Sabado M. (2011) Needs and Experiences of Samoan Breast Cancer Survivors in Southern California. Hawai`i Medical Journal, 70:31-35. 28. Liu L, Tanjasiri SP, & Cockburn M. (2011). Challenges in identifying Native Hawaiians and Pacific Islanders in population-based cancer registries in the U.S. Journal of Immigrant and Minority Health, 13: 860-866 10.1007/s10903-010-9381-1 29. * Omolafe A, Mouttapa M, McMahan S, & Tanjasiri, SP. (2010). We are family: family history of diabetes among African Americans, its association to perceived severity, knowledge of risk factors, and physical activity levels. Californian Californian Journal of Health Promotion, 8(1): 88-97. 30. * Sabado M, & Tanjasiri SP. (2010). Role of spirituality in coping with breast cancer: a qualitative study of Samoan breast cancer survivors and their supporters. Californian Journal of Health Promotion, 8: 11-22. 31. * Tanjasiri & Peters R. (2010). Reducing Cancer Health Disparities among Pacific Islanders in the U.S. Californian Journal of Health Promotion, 8: vii-x. 32. Valente TW, Fujimoto K, Palmer P, & Tanjasiri SP. (2010 Network Assessment of Community- based Participatory Action: Linking Communities and Universities to Reduce Cancer Disparities. American Journal of Public Health, 100(7): 1319-1325. 33. * McEligot AJ, McMullin J, Pang K, Bone M, Winston S, Ngewa R, & Tanjasiri, SP. (2010). Diet, psychosocial factors related to diet and exercise, and cardiometabolic conditions in Southern Californian Native Hawaiians. Hawai\u2018i Journal of Medicine,69(2):16-20. 34. * Tran JH, Mouttapa M, Ichinose TY, Pang JK, Ueda D, & Tanjasiri SP. (2010). Sources of information that promote breast and cervical cancer knowledge and screening among Native Hawaiians in Southern California. Journal of Cancer Education. DOI: 10.1007/s13187-010-0078-x. 35. * Dang J, Lee J, Tran JH, Kagawa-Singer M, Foo MA, Nguyen TU, Dadia AV, Thomson J, & Tanjasiri, SP. (2010). The role of medical interpretation on breast and cervical cancer screening among Asian American and Pacific Islander women. Journal of Cancer Education, 25(2). DOI: 10.1007/s13187-0074-1. 36. Moy KL, Sallis JF, & Tanjasiri SP. (2010). Culturally-specific physical activity measures for Native Hawaiian and Pacific Islanders. Hawai\u2018i Journal of Medicine, 69(Suppl 3): 21-24. 37. * Kagawa-Singer M, Tanjasiri SP, Valdez A, Yu H, & Foo MA. (2009). Outcomes of a breast Department of Health Science 199 health project for Hmong women and men in California. American Journal of Public Health, 99(S2): 467-473. 38. Love G, Mouttapa M, & Tanjasiri SP. (2009). Everybody\u2019s Talking: Using Entertainment- Education Video to Reduce Barriers to Discussion of Cervical Cancer Screening among Thai Women. Health Education Research, 24(5): 829-838. 39. * Tanjasiri SP, Tran J, Palmer PH, Foo MA, Hanneman M, Lee C, Sablan-Santos L, & Sripipatana A. (2009). Developing a Community-Based Collaboration to Reduce Cancer Health Disparities among Pacific Islanders in California. Pacific Health Dialog, 14(1):119-127. 40. * Ng T, McMahan S, Mouttapa M, Tanjasiri SP, & Beam B. (2009). Comparison of Body Mass Index (BMI) Categories Based on Asian and Universal Standards and Language Spoken at Home Among Asian American University Students. American Journal of Health Education, 40(1): 39-46. 41. Chu KC, Chen MS, Dignan MB, Taylor E, Partridge E, Albrecht T, Baquet C, Beebe L, Buchwald D, Chong C, Coe K, Colditz G, Espinoza PA, Godley PA, Hargreaves MK, Hebert JR, Henry-Tillman R, Huerta E, Kaur J, Koh H, Ma GX, Meade CD, Ramirez A, Satcher D, Tanjasiri SP, Thompson B, & Tofaeono VW. (2008). Parallels between the development of therapeutic drugs and cancer health disparity programs: implications for disparities reduction. Cancer, 113 (10): 2790-6. 42. * Tsui JT, & Tanjasiri SP. (2008). Cervical cancer screening among Thai women in Northern California. Journal of Women\u2019s Health, 17(3):393-401. 43. * Tanjasiri SP, & Tran J. (2008). Community capacity for cancer control collaboration: the Weaving an Islander Network for Cancer Awareness, Research and Training. Cancer Detection and Prevention, 32S: S37-S40. 44. * Nguyen TN, Tanjasiri SP, Kagawa-Singer M, Tran JH, & Foo MA. (2008). Community health navigators for breast and cervical cancer screening among Cambodians and Laotian women: intervention strategies and relationship building processes. Health Promotion Practice, 9(4):356-67 45. Tanjasiri SP, Sablan-Santos L, Merrill V, Quitugua LF, & Kuratani DG. (2008). Promoting Breast Cancer Screening among Chamorro Women in Southern California. Journal of Cancer Education, 23(1): 10-17. DOI: 10.1080/08858190701821386. 46. Tanjasiri SP, Tran J, Palmer PH, & Valente TW. (2007). Network analysis of a collaboration for Pacific Islander Cancer Control. Journal of Health Care for Poor and Underserved, 18(4): 184-96. 47. * Tanjasiri SP, Kagawa-Singer M, Foo MA, Chao M, Linayao-Putman L, Nguyen J, Pirumyan G, & Valdez A. (2007). Designing culturally and linguistically appropriate health interventions: the \u201cLife is Precious\u201d Hmong Breast Cancer Study. Health Education & Behavior, 34(1): 140-153. 48. Weiss JW, Garbanati JA, Tanjasiri SP, Xie B, & Palmer PH. (2006). Association between smoking initiation and family functioning and self-image among Asian American adolescents. Journal of Adolescent Health), 39(2): 221-228. 49. * Kagawa-Singer M, Tanjasiri SP, Lee SW, Foo MA, Nguyen TN, Tran J, & Valdez A. (2006). Breast and Cervical Cancer Control among Pacific Islander and Southeast Asian Women: Participatory Action Research Strategies for Baseline Data Collection in California. Journal of Cancer Education, 21(1): S53-S60. 50. * Koch-Weser S, Grigg-Saito D, Liang S, Toof R, Kreth NN, Pot M, Foo MA, Foong HL, Kagawa- Singer M, Lee SW, Tran JH, Nguyen TN, Tanjasiri SP, Nguyen TT, McPhee SJ, Liao Y, Tucker P, & Giles W. (2004). Health status of Cambodians and Vietnamese --- selected communities, United States, 2001\u20142002, MMWR, 53(33): 760-765. (Also appeared in JAMA, 292: 2208-2210). 51. * Tanjasiri SP, Kagawa-Singer M, Tran J, Foo MA, Foong HL, Lee SW, Nguyen TU, Rickles J, & Wang JS. (2004). Exploring Access to Cancer Control Services for Asian American and Pacific Islander Communities in Southern California. Ethnicity and Disease (Supplement 1), 14(3): 14-19. 52. * Nguyen TN, Kagawa-Singer M, Tanjasiri SP, & Foo MA. (2003). Better Be Safe Than Sorry: Cultivating the Tree of Health for Vietnamese Americans. Amerasia Journal. 29(1) 183-198. 53. Lew R, & Tanjasiri SP. (2003). Slowing the Epidemic of Tobacco Use among Asian Americans and Pacific Islanders. American Journal of Public Health, 93(5):764-768. 54. Tanjasiri SP, LeHa\u2019uli P, Finau S, Fehoko I, & Skeen NA. (2002). Breast Cancer Knowledge Department of Health Science 200 Attitudes, and Screening Behaviors of Tongan American Women in Southern California. Ethnicity & Disease, 12(2). 284-290. 55. Tanjasiri SP, Kagawa-Singer M, Nguyen T, & Foo MA. (2002). Collaborative Research as an Essential Component for Addressing Cancer Disparities Among Southeast Asian and Pacific Islander Women. Health Promotion Practice, 3(2): 147-157. 56. Tanjasiri SP. (2001). Exploring Tobacco Control Advocacy Among Asian Pacific Islanders: Using Key Informant Interviews. Asian Pacific Islander American Journal of Health, 9(1): 81-87. 57. Lew R, Tanjasiri SP, Kagawa-Singer M, et al. (2001). Using a Stages of Readiness Model to Address Community Capacity on Tobacco Control in the Asian American and Pacific Islander community. Asian Pacific Islander American Journal of Health, 9(1): 61-65. 58. Tanjasiri SP, & Sablan-Santos L. (2001). Breast Cancer Screening Knowledge and Behavior among Chamorros in Southern California. Journal of Women\u2019s Health and Gender-Based Medicine, 10(5): 479-485. 59. Tanjasiri SP, Kagawa-Singer M, Foo MA, Chao M, Linayao-Putman I, Lor YC, Ziong Y, Moua M, Nguyen J, & Vang X. (2001). Breast Cancer Screening among Hmong Women in California, Journal of Cancer Education, 16(1): 50-54. 60. Kaplan CP, Hilton J, Tanjasiri SP, & Perez-Stable EJ. (2001). The Effect of Interview Mode on Smoking Attitudes and Behavior: Face-to-Face Versus Self-Administered Questionnaires. Evaluation Review, 25(4): 454-474. 61. Conner R, & Tanjasiri SP. (2000). Communities Defining Environmental Health: Examples from the Colorado (USA) Healthy Communities Initiative, Reviews on Environmental Health, 15(1-2): 215-229. 62. Tanjasiri SP. (1999). Shared Responsibility: California\u2019s state and local community partnerships to promote physical activity among diverse populations, Journal of Health Education, 30(2):S65-S72. 63. Cassady D, Jang V, Tanjasiri SP, & Morrison C. (1999). California Gets \u201cOn The Move,\u201d Journal of Health Education, 30(2): S6-S12. 64. Conner R, & Tanjasiri SP. (1999). Communities evaluating community-level interventions: The development of community-based indicators in the Colorado Healthy Communities Initiative, The Canadian Journal of Program Evaluation, (Special Issue): 115-136. 65. Kaplan CP, & Tanjasiri SP. (1996). The effects of interview mode on smoking attitudes and behaviors: Self-report among female Latino adolescents. Substance Use and Misuse, 31(8): 947-963. 66. Tanjasiri SP, Wallace SP, & Shibata K. (1995). Picture imperfect: Hidden problems among Asian Pacific Islander elderly. The Gerontologist, 35(6): 753-760. 67. Yancey A, Tanjasiri SP, Ryan M, & Tunder J. (1995). Increased cancer screening behavior in women of color by culturally sensitive video exposure. Preventive Medicine, 24: 142-148 (* indicates manuscripts with students; last author position usually indicates mentorship of the first author) 1. * Tanjasiri SP, Mouttapa M, Weiss J, Sablan-Santos L, DeGuzman Lacsamana J, Quitugua L, Aftab M, Flores P, Flores P, Paige C, Ho`opai U, Lutu G, Paige C, Schmit-Vaivao D, May VT, Tupua M, Vaikona E, Vunileva I. (under review). Increasing Pap testing among Pacific Islander women through CBPR: Intervention methods and sample participants. 2. Tanjasiri SP, Takahashi L, Sablan-Santos L. (under review). Financial distress among Pacific Islanders in Southern California. 3. * Weiss JW, Tanjasiri SP, Mouttapa M, Sablan-Santos L, DeGuzman Lacsamana J, Quitugua Department of Health Science 201 Flores P, Flores P, Paige C, May VT, Tupua M, Vaivao DS, Taito P, Vaikona E, Vunileva I. (under review). Decision making for Pap testing among Pacific Islanders. 4. * Ho`opai U, Aftab M, Mouttapa M, Sablan-Santos L, Weiss J, Lacsamana JD, Quitugua L, Flores P, Flores P, Vaivao D, Tupua M, Lutu G, Vunileva I, May VT, Xiong J, Paige C, Tanjasiri SP. (under review). Using the model to examine cervical cancer screening behaviors among Pacific Islander women in Southern California 1. Tanjasiri SP, & Nguyen TN. (2009). The health of women. In: Chau, T.S., Islam, N.S., & Rey, M.J. (Eds). Asian American Communities and Health: Context, Research, Policy and Action. San Francisco, Jossey-Bass. 2. Tanjasiri SP, Choi C, Chum S, Chung P, Dang Q, Foo MA, Pok R, & Tran D. (2009). Public agendas and private struggles: Khmer Girls in Action. In: Masequesmay & Metzger (Eds). Embodying Asian/American Sexualities. Lanham, MD: Lexington Books. 3. Conner RF, Tanjasiri SP, Dempsey C, Robles G, Davidson M, & Easterling D. (2002). The Colorado Healthy Communities Initiative: Communities Defining and Addressing Health. In: Easterling D, Gallagher K, and Lodwick (Eds). Promoting Health at the Community Level. Newbury Park, CA: Sage Publications, Inc. 4. Conner RF, Easterling D, Tanjasiri SP, & Adams-Berger J. (2002). Using Community Indicators to Track and Improve Health and Quality of Life. In: Easterling D, Gallagher K, and Lodwick (Eds). Promoting Health at the Community Level. Newbury Park, CA: Sage Publications, Inc. 5. Tanjasiri & Aibe S. (1998). Abortion and Asian Pacific Islander Women. In Beckman Harvey (Eds). The New Civil War: The Psychology, Culture, and Politics of Abortion. American Psychology Association. 6. Kagawa-Singer M, Hikoyeda N, & Tanjasiri SP. (1998). Aging, Chronic Conditions and Physicial Disabilities in Asian and Pacific Islander Americans. In Markides Morales (Eds.) Health, Culture and Aging. Newbury Park: Sage Publications (* indicates presentations with students; last author position usually indicates mentorship of the first author) 1. Tanjasiri SP, Hubbell FA, Bennett S, Tidball J. (2014). California State University Fullerton and the University of California Irvine Chao Family Comprehensive Cancer Center Partnership for Cancer Health Disparities Research. Poster presentation to the annual retreat, Palm Springs, CA, September 26, 2014. 2. * Vaikona E, Flores P, Tanjasiri SP, Sablan-Santo L, Mouttapa, M, Weiss J, DeGuzman Lacsamana J, Quitugua L, Flores P, Foo MA, Vaivao D, Tupua M, Vunileva I, May VT, Paige C, Ho`opai U, Aftab M. (2014). Designing Culturally Appropriate Health Interventions for Pacific Islanders: The \u201cSupporting Our Women\u201d Pap Test Study. Poster presented at the He Huliau 2014 Conference, Ko Olina, Hawai\u2019I, September 19, 2014. 3. * Tanjasiri SP, Santos L, Mouttapa M, Weiss J, Lacsamana JD, Quitugua L, Flores P, Flores, P, Foo MA, Vaivao D, Tupua M, Vaikona EM, Vunileva I, May VT, Paige C, Uo`opai U, Aftab M. (2014 Experience of Recruitment and Retention of Pacific Islanders in Southern California. Poster Department of Health Science 202 presented at the He Huliau 2014 Conference, Ko Olina, Hawai\u2019I, September 19, 2014. 4. Palmer P, Tanjasiri SP, Lee C, Tui`one V, Toilolo T, Pang K, Vaivao DES, Orne A, Lepule T, Sabado M, Pike J, Cen S, & Xie for the Weaving an Islander Network for Cancer Awareness, Research, and Training (WINCART) Consortium. (2013). Utilizing Communication Technologies for Smoking Cessation among Native Hawaiian Pacific Islanders. Poster presentation at the American Association of Cancer Research Sixth Conference on The Science of Cancer Health Disparities in Racial/Ethnic Minorities and the Medically Underserved, Atlanta, GA, December 7, 2013. 5. Tanjasiri SP, Weiss JW, Mouttapa M, Sablan Santos L, DeGuzman Lacsamana J, May VT, Quitutua L, Vaivao D. (2013). Role of Social Support in Pap Test Decision Making among Pacific Islander Women. Poster presentation at the American Association of Cancer Research Sixth Conference on The Science of Cancer Health Disparities in Racial/Ethnic Minorities and the Medically Underserved, Atlanta, GA, December 7, 2013. 6. * LaBreche A, Lee C, Swen M, Palmer P, Tanjasiri SP, (2013). Building capacities through CBPR: The experience. Poster presentation at the American Public Health Association 141st Annual Meeting & Exposition, Boston, MA, November 4, 2013. 7. Lacsamana JD, Quitugua L, Santos L, Chavarria L, Flores P, Flores P, Foo MA, Lutu G, May VT, Mouttapa M, Paige C, Pele C, Taito P, Tupua M, Vaikona EM, Vaivao D, Vunileva I, Weiss JW, Tanjasiri (2013 experience of recruitment and retention of Pacific Islanders in Southern California. Poster presentation at the American Public Health Assocaition 141st Annual Meeting & Exposition, Boston, MA, November 4, 2013. 8. Tanjasiri SP, LaBreche A, Foo MA, Surani Z, & Fifita M. (2013). Let's move! for Pacific Islander communities: An evidence-based 10 minute exercise break. Oral presentation at the American Public Health Association 141st Annual Meeting & Exposition, Boston, MA, November 4, 2013. 9. * Dandridge LM, Lin A, Lacsamana JD, Flores P, Flores P, Lutu G, Vaivao D, Tuliau L, Tupua M, Taito P, Vaikona EM, Vunileva I, Tui`one V, Chavarria A, Foo MA, Sablan-Santos L, Quitugua L, Weiss JW, Mouttapa M, Tanjasiri (2012). Influence of Knowledge and Attitude Towards Intention on Pap Testing Among Pacific Islander Women. Oral presentation given at Southern California Conferences for Undergraduate Research, Camarillo, CA, November, 2012. 10. * Quitugua L, Flores P, Flores P, Lutu G, Vaivao D, Tuliau L, Tupua M, Taito P, Vaikona EM, Vunileva I, Tui`one V, Chavarria A, Dandridge LM, Lin A, Lacsamana JD, Foo MA, Sablan-Santos L, Weiss JW, Mouttapa M, Tanjasiri (2012). Promoting Social Support for Pap Testing among Pacific Islanders. Oral presentation given at Cancer, Culture & Literacy Conference in Clearwater, FL., May 2012. 11. * Cheri A, Peters R, Palmer PH, & Tanjasiri SP. (2012). Creating and evaluating a training model to reduce cancer health disparities: The experience. Poster presentation at the American Public Health Association 140th Annual Meeting & Exposition, San Francisco, CA, October 2012. 12. * Kwan P, Briand G, Daylo L, Lee C, Lepule J, Orne A, Pang VK, Peters R, Pike J, Robello N, Sabado M, Sablan-Santos L, Stiffler L, Tanjasiri SP, Tui\u2019one V, Vaivao D, & Palmer PH. (2012). Knowledge, attitudes and beliefs on biospecimen research among Pacific Islanders community based participatory research project of the Center (Weaving an Islander Network for Cancer Awareness, Research and Training Center). Oral presentation at the American Public Health Association 140th Annual Meeting & Exposition, San Francisco, CA, October 2012. 13. * Mouttapa M, Sablan-Santos L, Tanjasiri SP, Weiss JW, DeGuzman Lacsamana J, Lin A, Flores P, Flores P, Quitugua L, Vaikona E, Vunileva I, Lutu G, Tuliau L, & Tupua (2012). Do you perceive what perceive? The association between men\u2019s perceived provision of social support and their female partner\u2019s perception of support regarding pap screening in Pacific Islander communities. Oral presentation at the American Public Health Association 140th Annual Meeting & Exposition, San Department of Health Science 203 Francisco, CA, October 2012. 14. * Zul S, Tran J, Lepule J, Tui\u2019one V, Vaivao D, Guevara L, Pang VK, Foo MA, Pang JK, Stiffler L, Peters R, Lee C, Palmer PH, & Tanjasiri SP. (October 2012). Bridging cancer information gaps for Pacific Islanders through Center. Poster presentation at the American Public Health Association 140th Annual Meeting & Exposition, San Francisco, CA, October 2012. 15. * Mouttapa M, Tanjasiri SP, Sablan-Santos L, Weiss JW, Quitugua L, Flores P, Flores P, Foo MA, DeGuzman JL, Lin A, Lutu G, Vaivao D, Tuliau L, Tupua M, Taito P, Vaikona EM, Vunileva I, Tui`one V. (2012). Do men\u2019s social support influence Pacific Islander Women\u2019s Pap Testing Decision Making? Poster presentation given at the Native Hawaiian and Pacific Islander Health Disparity and Health Equity Conference, Los Angeles, CA, September 2012. 16. Love G. & Tanjasiri S.P. (2012). Everybody's Talking: Using Entertainment-Education Video to Reduce Barriers to Discussion of Cervical Cancer Screening Among Thai Women. Oral presentation at the National Conference on Health Communication, Marketing and Media, Atlanta, GA, August 7- 9, 2012. 17. * Peters R, Beck L, Fifita L, Parkhurst M, Tui`one V, & Tanjasiri SP. (2011). Promoting Breast and Cervical Health through Patient Navigation in the Tongan Community. Poster presentation at the 139th Annual Meeting of the American Public Health Association, Washington, DC, October 31, 2011. 18. * DiStefano A, Peters R, Tui`one V, Takahashi L, Sablan-Santos L, Quitugua L, Quenga J, Peters R, Hui B, Barrera-Ng A, Aromin J, Dimaculangan J, Vunileva I, & Tanjasiri SP. (2011). Strengthening Collaboration between Pacific Islander community and academic research partners. Poster presentation at the 4th Annual Conference on the Science of Cancer Health Disparities in Racial/Ethnic Minorities and the Medically Underserved, September 20, 2011. 19. * DiStefano A, Peters R, Tui`one V, Takahashi L, Sablan-Santos L, Quitugua L, Quenga J, Peters R, Hui B, Barrera-Ng A, Aromin J, Dimaculangan J, Vunileva I, & Tanjasiri SP. (2011 and Risk and Prevention Factors among Tongan and Chamorro Young Adults in Southern California Qualitative Assessment. Poster presentation at the 4th Annual Conference on the Science of Cancer Health Disparities in Racial/Ethnic Minorities and the Medically Underserved, September 20, 2011. 20. * DiStefano A, Hui B, Vunileva I, Tui`one V, Takahashi L, Sablan-Santos L, Quenga J, Peters R, Dimaculangan J, Barrera-Ng A, Aromin J, & Tanjasiri SP. (2010). Factors influencing and risk and prevention among Tongan and Chamorro young adults in Southern California. Oral presentation at the 138th Annual Meeting of the American Public Health Association, Denver, CO, November 8, 2010. 21. * DiStefano A, Quitugua L, Aromin J, Barrera-Ng A, Dimaculangan J, Hui B, Peters R, Quenga J, Sablan-Santos L, Takahashi L, Tui`one V, Vunileva I, & Tanjasiri SP. (2010). Enhancing social justice in research: building an effective collaboration among two Pacific Islander community partners and a university research team. Oral presentation at the 138th Annual Meeting of the American Public Health Association, Denver, CO, November 8, 2010. 22. * Lally K, Peters R, Aromin J, Fakasi`ieki P, Lepule J, Pang K, Pang K, Sripipatana A, & Tanjasiri SP. (2010). Tools for addressing cancer disparities culturally appropriate colorectal cancer awareness, prevention and screening educational toolkit for Pacific Islander communities. Oral presentation at the 138th Annual Meeting of the American Public Health Association, Denver, CO, November 8, 2010. 23. * Tanjasiri SP, Gonzalez M, Peters P, Nacpil L, Harris N, & Harness J. (2010 health disparities and clinical trials disparity partnership to reduce colorectal cancer among Pacific Islanders in Southern California. Poster presentation at the 3rd annual Disparities Summit of the American Association of Cancer Researchers, Miami, October 2, 2010. 24. Valente T, Palmer PH, & Tanjasiri SP. (2009 network assessment of community-based participatory research: linking communities and academies to reduce cancer disparities. Oral presentation at the annual meeting of the American Public Health Association, Philadelphia Department of Health Science 204 November 9, 2009. 25. Tanjasiri SP. (2008). Stimulating evidence-based community participatory research: Lessons learned from the experience in California. Roundtable presentation at the annual meeting of the American Public Health Association, San Diego, CA, October 27, 2008. 26. * Sabado MD, Tanjasiri SP, & Mataali\u2018i S. (2008). Investigating spiritual aspects of the cancer experience among Samoan supporters. Poster presentation at the annual meeting of the American Public Health Association, San Diego, CA, October 17, 2008. 27. * Sripipatana A, & Tanjasiri SP. (2008). Correlates of cancer screening for Pacific Islanders in California. Poster presentation at the annual meeting of the American Public Health Association, San Diego, CA, October 27, 2008. 28. * Sripipatana A, Wong M, Tran JT, Pang K, Pang K, Tanjasiri SP. (2008). Partnering in a colorectal cancer awareness, education and screening campaign for the Pacific Islander community. Roundtable presentation at the annual meeting of the American Public Health Association, San Diego, CA, October 28, 2008. 29. * Tanjasiri SP, Mataali\u2018i S, & Sabado MD. (2008). Exploring the cancer experience among Samoan survivors and supporters. Roundtable presentation at the annual meeting of the American Public Health Association, San Diego, CA, October 28, 2008. 30. Tanjasiri SP. (2008). Challenges and Strategies to Oversampling Pacific Islanders for Health Surveillance. Oral presentation at the annual meeting of the American Public Health Association, San Diego, CA, October 28, 2008. 31. * Sripipatana A, Wong M, Tran J, Aromin J, Fakasi-ieki P, Lepule J, Pang J, Pang V, & Tanjasiri SP. Partnering in a colorectal cancer awareness, education and screening campaign for the Pacific Islander Community. Poster presentation at the Cancer, Culture & Literacy conference, Tampa, FL, May 16, 2008. 32. Tanjasiri SP. (2007). Exploring social support needs among Samoan breast cancer survivors. Presentation at the 4th Annual Conference of the American Psychosocial Oncology Society, Austin, TX, March 3, 2007. 33. Tanjasiri SP. (2007). Facilitating a community-university network targeting cancer disparities: the experience. Presentation at the 2nd Annual Conference on Community-Based Teaching & Research, San Jose, CA, February 24, 2007. 34. * Sripipatana A, Tran JH, Tanjasiri SP, Satter D, & Brown ER. (2006). Health risk behaviors of Native Hawaiians and Pacific Islanders in California. Presentation at the annual meeting of the American Public Health Association, Boston, MA, November 7, 2006. 35. Lee J, Dang J, Foo MA, Tanjasiri SP, & Kagawa-Singer, M. (2006). Lost in translation: Understanding how limited English proficiency impacts health among Pacific Islander and Southeast Asian women. Presentation at the annual meeting of the American Public Health Association, Boston, MA, November 7, 2006. 36. * Tran JH, Foo MA, Nguyen TU, Tanjasiri SP, Kagawa-Singer M, & Valdez A. (2006 community perspective of methods: The Promoting Access to Health for Pacific Islander and Southeast Asian women program. Presentation at the annual meeting of the American Public Health Association, Boston, MA, November 6, 2006. 37. * Valente JW, Palmer PH, Tran JH, & Tanjasiri SP. (2006). Creating Community University Partnerships to Reduce Cancer Disparities Among Pacific Islanders. Presentation at the annual meeting of the American Public Health Association, Boston, MA, November 6, 2006. 38. * Tsui & Tanjasiri SP. (2006). Promoting Access to Health (PATH) for women: cervical cancer screening rates among Thai women in California. Presentation at the California 2010 Conference, Los Angeles, CA, May 19, 2006. 39. * Tanjasiri SP, Foo MA, Palmer P, Sripipatana A, Nguyen T, & Tran J. (2006). Community-based participatory research: the Weaving an Islander Network for Cancer Awareness, Research and Training (WINCART) network, challenges and successes. Presentation at the California 2010 Conference, Los Angeles, CA, May 18, 2006 Department of Health Science 205 40. * Tsui & Tanjasiri SP. (2006). Promoting Access to Health (PATH) for women: cervical cancer screening rates among Thai women in California. Poster presentation at the10th Biennial Symposium of the Intercultural Cancer Council, Washington, DC, April 21, 2006. 41. * Tanjasiri SP, Valente T, Palmer P, Foo M, Lee C, Nguyen T, Sripipatana A, & Tran J. (2006). Weaving an Islander Network for Cancer Awareness, Research and Training (WINCART): community based participatory research and network analysis. Presentation at the 10th Biennial Symposium of the Intercultural Cancer Council, Washington, DC, April 21, 2006. 42. * Tanjasiri SP, Tran J, Pang K, Cheng S, Bae A, Wang C, Yoo W, & Ichinose TY. (2005). Using to Assess Cancer Screening Needs for Chinese, Koreans, Hawaiians and Marshallese. Presentation at the annual meeting of the American Public Health Association, Philadelphia, PA, December 13, 2005. 43. Tanjasiri SP, & Sablan-Santos L. (2004). Breast Cancer Screening among Chamorros in Southern California: Results from the Guahu Suruhana Project. Presentation at the annual meeting of the American Public Health Association, Washington, DC, November 9, 2004. 44. Tanjasiri SP, Sablan-Santos L, & Quitugua L. (2003). Developing Methods that Facilitate Collaboration and Science: Looking In-Depth at a Chamorro Breast Cancer Research Project. Presentation at the annual meeting of the American Public Health Association, San Francisco, CA, November 17, 2003. 45. * Tanjasiri SP, Tran J, Foo MA, Foong HL, Kagawa-Singer M, Lee S, Nguyen TN, Rickles J, & Wang JS. (2003 mapping to measure access to cancer control services for Asian Pacific Islander communities. Presentation at the annual meeting of the American Public Health Association, San Francisco, CA, November 17, 2003. 46. * Kagawa-Singer M, Lee S, Foo MA, Foong HL, Nguyen TN, & Tanjasiri SP, Tran J. (2003). Incorporating Strategies to Conduct a Baseline Survey with Pacific Islanders and Southeast Asian Women Presentation at the annual meeting of the American Public Health Association, San Francisco, CA, November 18, 2003. 47. * Nguyen TN, Chao M, Keo M, Lee S, Ly M, Tang B, Foo MA, Kagawa-Singer M, Lee S, Tanjasiri SP, & Tran J. (2003). Roles of community health workers in culturally tailoring breast and cervical cancer programs in Asian American and Pacific Islander communities qualitative comparison of a Cambodian and a Laotian community in California. Poster presentation at the annual meeting of the American Public Health Association, San Francisco, CA, November 2003. 48. *Nguyen TN, Foo MA, Foong H, Kagawa-Singer M, Lee S, Tanjasiri & Tran J. (2003). Building Community Capacity for Breast and Cervical Cancer Screening for Asian American and Pacific Islander Women: The 2010 for Women Project. Center for Disease Control and Prevention, Comprehensive Approaches to Cancer Control: the Public Health Role, Atlanta, GA, September 15-18, 2003. 49. * Conner RF, Tanjasiri SP, Gonzalez E, Bae A, Foo MA, Lin D, Yoo W, Young L, & Wang C. (2003). Development of community-based coalitions for health in Korean and Chinese communities: Planning phase evaluation results from the Project. Poster presentation at the annual meeting of the American Public Health Association, San Francisco, CA, November 17, 2003. 50. * Tanjasiri SP, Kagawa-Singer M, Nguyen T, & Foo MA. (2001). Focus Group Methodology in the Assessment of Cancer Control Needs. Presentation at the annual meeting of the American Public Health Association, Atlanta, GA, October 2001. 51. Conner RF, Kuo V, Easterling D, & Tanjasiri SP. (2000). Evaluation when the Community is in Charge: Lessons from Evaluating Community-Based Health Programs. Presentation at the annual meeting of the American Evaluation Association, Honolulu, HI, November 2000. 52. Foong HL, Tanjasiri SP, & Choi SK. (2000). Increase Access to Care for Asian Pacific Islanders through Interpretation Services. Presentation at the annual meeting of the American Public Health Association, Boston, MA, November, 2000. 53. * Conner RF, Tanjasiri SP, Dempsey C, & Robles G. (2000). Citizen participation for Healthy Communities: Can it be achieved? Lessons from the Colorado Healthy Communities Initiative Department of Health Science 206 Presentation at the annual meeting of the American Public Health Association, Boston, MA, November, 2000. 54. Kagawa-Singer M, Tanjasiri SP, & Foo MA. (1999). The Hmong Breast Health Study. Presentation at the annual meeting of the American Public Health Association, Chicago, IL, November 10, 1999. 55. Conner RF, & Tanjasiri SP. (1999). Evaluation outcomes from the Implementation Phase of the Colorado Healthy Communities Initiative. Presentation at the annual meeting of the American Public Health Association, Chicago, IL, November 11, 1999. 56. Tanjasiri SP, Leha\u2019uli P, & Sablan-Santos L. (1998). The \u201cPI\u201d in community-based study of Chamorro and Tongan breast cancer screening needs. Presentation at the annual meeting of the American Public Health Association, Washington DC, November 16, 1998. 57. * Conner RF, Tanjasiri SP, Davidson M, Robles G., & Easterling D. (1998). Empowering people to improve their communities: Results of Colorado Healthy Communities Initiative. Presentation at the 1st World Congress of Health and Urban Environment, Madrid, Spain, July 10, 1998. 58. * Conner RF, Tanjasiri SP, Davidson M, Robles G., & Easterling D. (1998). Empowering people to improve their communities: Results of Colorado Healthy Communities Initiative. Presentation at the 1st World Congress of Health and Urban Environment, Madrid, Spain, July 10, 1998. 59. * Conner RF, Tanjasiri SP, Davidson M, Dempsey C, & Robles G. (1998). Community-based health promotion: Evaluation outcomes from the Colorado Healthy Communities Initiative. Presentation at the annual meeting of the American Public Health Association, Washington DC, November 17, 1998. 60. Tanjasiri SP. (1996). Acting locally: Factors promoting agency participation in collaborative tobacco policy advocacy, Presentation at the annual meeting of the American Public Health Association, New York, November 20, 1996. 61. Tanjasiri SP. (1995). Gender Issues in Asian Pacific Communities. Training seminar for the Korean Youth and Community Center, Los Angeles, July, 1995. 62. Kaplan & Tanjasiri SP. (1995). Beliefs, acculturation, gender roles and smoking behavior among Latina adolescents comparison of two interview methodologies. Presentation at Implications of Cultural Values, Beliefs and Norms Research Methods Conference, Milwaukee, WI, June, 1995. 63. Tanjasiri & Jimenez A. (1994). Passive smoking among Asian Pacific Islander women: Anti- smoking beliefs and behaviors. Presentation at the annual meeting of the American Public Health Association. Washington DC, November, 1994. 64. Tanjasiri SP, & Choe MM. (1993). Communities in Collaboration: the Asian Pacific Hypertension Project. Presentation at the annual meeting of the American Public Health Association. S.F., October, 1993 1. Tanjasiri (2015). Improving cancer care in underserved populations. Workshop keynote speaker at the Annual Meeting on Supportive Care in Cancer, MASCC/ISOO, Copenhagen, Denmark, June 25, 2015. 2. Tanjasiri SP. (2015). Promoting health equity in the U.S.: Health disparities research and workforce diversity. Oral presentation to the Disparities in Health Care PH-91 class, February 10, 2015. 3. Tanjasiri SP. (2015). Cancer prevention and control among diverse populations in the U.S. Oral presentation to the Osher Lifelong Learning Institute, California State University, Fullerton, January 22, 2015. 4. Tanjasiri SP. (2014). Biospecimen Donation and Utilization in Cancer Health Disparities Research. Oral presentation at the 7th Conference on the Science of Cancer Health Disparities. American Department of Health Science 207 Association for Cancer Research, San Antonio, TX, November 11, 2014. 5. Tanjasiri SP. (2014). Challenges of cancer control in Pacific Islander Populations of Southern California. Oral presentation at the 23rd Annual Cancer Surveillance Program Educational Symposium role in addressing global variations of cancer, Los Angeles, CA, August 1, 2014. 6. Tanjasiri SP. (2013). Data uses and limitations for Asian Americans and Pacific Islanders. Panel presentation at the Los Angeles County Department of Public Health, Office of Women\u2019s Health conference: Using Data to Make a Difference in Women\u2019s Health, Los Angeles, CA. 7. * Kwan PP, Briand G, Lee C, Lepule J, Pang JK, Sabado M, Sablan-Santos L, Surani Z, Tui\u2019one V, Vaivao DE, Tanjasiri & Palmer PH. (2012, October). Translating research into practice: Results of the center biospecimen pilot study and community outreach efforts. Oral presentation at the American Association for Cancer Research Conference, San Diego, CA. 8. Tanjasiri, SP. Theoretically-informed and community-engaged education programs. Panel presentation at the 8th Biennial Cancer, Culture & Literacy Conference, Clearwater Beach, FL, May 18, 2012. 9. Tanjasiri, SP. Cervical cancer disparities in Orange County. Panel presentation at the Orange County Women\u2019s Health Policy Summit, University of California, Irvine, May 15, 2012. 10. Tanjasiri SP. Research methods in community-based participatory research. Presentation for the Institute for Clinical and Translational Science, University of California, Irvine, March 13, 2012. 11. Foo MA, & Tanjasiri SP. Building successful partnerships: Community and university perspectives. Institute for Translational Health Science, University of Washington, March 9, 2012. 12. Tanjasiri SP. Using to reduce cancer health disparities. Presentation to the Clinical Translational Science Institute, University of Southern California, December 16, 2011. 13. Tanjasiri SP. Using to reduce cancer health disparities conceptual and practical perspective. Presentation to the Research Infrastructure for Minority Institutions (RIMI), California State University, San Bernardino, November 10, 2011. 14. Tanjasiri SP. From health disparities to health equity: Navigating upstream. Presentation for the California-Nevada Public Health Training Center, August 9, 2011. 15. Tanjasiri & Sripipatana A. Ethnic/Racial Disparities in Cancer Screening. Breakout session presentation at Research Opportunities to Reduce Health Disparities: The California Health Interview Survey, Los Angeles, CA, October 8, 2009. 16. Tanjasiri community-centered approach to developing and pilot-testing a colorectal cancer education campaign for Pacific Islanders. Panel presentation at the National Cancer Institute\u2019s Community Network Program meeting, Bethesda, MD, July 20, 2009. 17. Tanjasiri SP. Forging meaningful partnerships with community-based organizations: the experience. Presentation at the Southern California Conference, February 20, 2009. 18. Tanjasiri SP. Cancer control in Asian American and Pacific Islander populations. Closing plenary presentation to the Bridging the Health Care Divide conference, American Cancer Society, New Orleans, LA, April 20, 2007. 19. Tanjasiri SP, Quitugua L. Building bridges between diverse community partners and academic research institutions. Presentation to the Director\u2019s Council of Public Representatives, Bethesda, MD, October 24, 2006. 20. Tanjasiri SP. Getting involved in collaborative research: the balancing act. Presentation to the 2nd Biennial Career Development Workshop to Increase Diversity in Research Funding, Palm Springs, CA, September 7, 2006. 21. Tanjasiri SP. Multicultural approaches to breast cancer control in the Asian American/Pacific Islander community. Plenary presentation at the Susan G. Komen 2006 Mission Conference, Washington, DC, June 11, 2006. 22. Tanjasiri SP. Cancer and Pacific Islanders: Making Cancer visible. Presentation at the Pacific Islander Cancer Survivorship Educational Forum, Long Beach, CA, March 18, 2006. 23. Tanjasiri & Chao MC. University-Community Partnership for breast cancer screening in Hmong Department of Health Science 208 women. Presentation at the 4th Annual Academy, Los Angeles, CA, October 2004. 24. Tanjasiri SP, Sablan-Santos L, & Quitugua network-based intervention for Chamorros in Southern California. Poster presentation at the annual meeting of California Breast Cancer Research Program, San Diego, CA, September 2003. 25. Tanjasiri SP, Leha\u2019uli P, & Sablan-Santos L. The breast cancer and Pacific Islanders study. Presentation at the annual meeting of California Breast Cancer Research Program, Los Angeles, CA, September 1999. 26. Tanjasiri & Wallace SP. Picture imperfect: Hidden needs among Asian Pacific Islander elderly. Presentation at the Asian Pacific Islander Older Adults Services and Health Care Reform: Planning for the Future. Carson, CA, October 1994 1. Tanjasiri SP, Kim C, Sonenshine AW, Rubin D. (2014). Orange County Women\u2019s Health Policy Brief: Breast Cancer. Santa Ana, CA: Orange County Women\u2019s Health Project. 2. Tanjasiri SP, Kim C, Sonenshine AW, Rubin D. (2014). Orange County Women\u2019s Health Policy Brief: Cervical Cancer. Santa Ana, CA: Orange County Women\u2019s Health Project (* indicates mentorship resulted in a presentation and/or publication with student) 1. Leilua Satele*, Kinesiology thesis committee member, 2006 2. Jorge Castaneda thesis chair, 2007 3. Saulan Eng thesis chair, 2007 4. Dr. Jammie Hopkins, Kinesiology thesis committee member, 2007 5. Tiffany Ng thesis committee member, 2007 6. Ruth Peters thesis chair, 2007 7. Seumaninoa Puaina project chair, 2007 8. John Ralls thesis chair (currently in a PhD program), 2007 9. Robert Curtis thesis committee member, 2008 10. Robin Keeble project chair, 2008 11. Deanna Lewis thesis committee member, 2008 12. Alex Omalafe thesis committee member, 2008 13. Huong Dang project committee member, 2009 14. Veronica Fitzpatrick thesis committee member, 2009 (currently in a PhD program) 15. Rebekah Ngewa thesis committee member, 2009 (currently in a PhD program) 16. Ricardo Lopez thesis chair, 2009 17. Helen Ogun-Buraimoh independent studies, 2009 18. Marissa Domantay project chair, 2010 19. Tabitha Dutciuc*, Undergraduate honors project chair, 2010 20. Phuong Ngo thesis chair, 2010 21. Marie Plug project chair, 2010 22. Janet Povero project chair, 2010 23. Melanie Sabado independent studies thesis chair, 2010 (currently in a PhD program) 24. Denise Starkey project chair, 2010 Department of Health Science 209 25. Bernabeth Sy project chair, 2010 26. Tracy Bryars thesis committee member, 2011 27. Becky Nguyen independent studies, 2011 28. Einat Turel independent studies, 2011 29. Ashley Cheri Diversity Supplement Fellow, 2011-2012 30. Laura Dandridge*, Undergraduate internship supervisor, 2010 31. Hanhtien Nguyen research assistant, independent studies project chair, 2012 32. Roger Sur independent studies project chair, 2012 33. Genesis Sandoval, Undergraduate independent studies, 2012 34. Joseph Domingo independent studies project co-chair, 2011-2013 35. Maria Casias project chair, 2012-2013 36. Terri Williams project chair, 2013-2014 37. Christina Vasquez, Health Science undergraduate student, 2013 38. Dung Nguyen independent studies, 2013 39. Maria Gonzalez independent studies project chair, 2012-2014 40. Ualani Ho`opai research assistant, 2013-2015 41. Mandy Nguyen, Undergraduate research intern, 2013-2015 42. Sothida Tan project chair, 2014-2015 43. Giselle Velasquez, Psychology master\u2019s thesis committee, 2015 44. Nicole Ticman, Undergraduate independent studies, 2015 45. Mohammed Aftab*, Undergraduate research intern, 2013- present 46. Lisa Bandong project chair, 2014-present 47. Harold Custodio project chair, 2015-present 48. Carla Bracamonte project chair, 2015-present (* indicates mentorship resulted in at least one presentation and/or publication with mentee) 1. Ellen Tsan, Minority Training Program in Cancer Control Research intern, 2003 2. Dr. Jennifer Tsui*, Minority Training Program in Cancer Control Research intern and Johns Hopkins public health master\u2019s student thesis committee, 2005-2007 3. Michelle Wong*, Minority Training Program in Cancer Control Research intern, 2006 4. Dr. Archana McEligot award, 2007-2009 5. Grace Lee, Minority Training Program in Cancer Control Research intern, 2008 6. Dr. Diana Tisnado pilot project, 2009-2011 7. Dr. Alek Sripipatana pilot project, 2010-2011 8. Daisy Le*, Minority Training Program in Cancer Control Research intern, 2009 9. Austin Nation, Minority Training Program in Cancer Control Research intern, 2010 10. Dr. Michelle Cathorall California Doctoral Incentive Program, 2009-2013 11. Dr. Jackie Tran Health Services doctoral dissertation committee, 2010-2013 12. Melody Swen*, Johns Hopkins undergraduate student, 2013 13. Mary Ditton, University of New England doctoral student, 2014 14. Melanie Sabado California Doctoral Incentive Program, 2012-present 15. Ciara Paige*, Minority Training Program in Cancer Control Research intern and Diversity Supplement fellow, 2011-2014, Claremont Graduate University doctoral student 2014-present 16. Adhir Sharma, University New England doctoral student, 2014 17. Jennifer Xiong*, Minority Training Program in Cancer Control Research intern, 2014 18. Erin Manalo, Minority Training Program in Cancer Control Research intern, 2015 Department of Health Science 210 Member, Planning, Resource and Budget Committee, 2014-present Member, Biomedical/Behavioral Research Administration (BRAD) Steering Committee, 2013-present Member, Health Professions Committee, 2005-present Member, Asian American Studies Program Council, 2004-present Member, Search Committee, Dean of the College of Health and Human Services, 2015-present Faculty Sponsor, South Pacific Islander Cultural Association, 2013- present Faculty Sponsor, Colleges Against Cancer, 2009-2014 Member, Search Committee, Associate Vice President for Information Technology, 2014-2015 Member, Development Infrastructure Strategic Plan Task Force, 2013-2014 Member, Planning Committee for Research Week, 2013 Member, Search Committee, Vice President for Academic Affairs/Provost, 2012 Faculty Advisor, Funding My Research Initiative, 2011-2013 Member, Asian American Studies Program Department Personnel Committee, 2011-2012 Chair and Member, Academic Senate Committee on Internships and Service Learning, 2019-2011 Member, Search Committee, Executive Assistant to the President, 2007 Member, Search Committee, Associate Vice President for Academic Programs, 2004-2005 Member, Strategic Planning Committee 2013-2014 Member, Faculty Advisory Council, 2006-2008 Director, Center for Cancer Disparities Research, 2005-2010 Member, Department of Social Work Program Council, 2005-2007 Chair Accreditation and Assessment Committee, 2011-2014 Chair, Department Personnel Committee, 2009-2014 Member, Department Personnel Committee, 2008-2009 Member & Chair, Department Search Committees, 2005-2014 Member, Graduate Committee, 2011-2014 Coordinator Internship Program, 2007-2012 Chair and Member, Equal Health Opportunity Committee, American Public Health Association (APHA), 2012-present Mentor, Minority Training Program in Cancer Control Research, 2001-present Associate Member, Cancer Prevention & Prognosis Research Program, University of California, Irvine, Chao Family Comprehensive Cancer Center, 2012-present Grant Proposal Reviewer, National Cancer Institute, 2005-present Manuscript Reviewer, American Journal of Public Health, Health Education & Behavior, Pacific Health Dialog, Cancer Control: Journal of the Moffitt Cancer Center, Hawai`i Medical Journal, Journal of Health Care for the Poor and Underserved, Progress in Community Health Partnerships Department of Health Science 211 Conference Abstract Reviewer, Asian American and Pacific Islander Caucus of the American Public Health Association (APHA), 2001-2005 Conference Abstract Reviewer, Community Health Planning and Policy Section of APHA, 2003-2004 Chair and Past Chair, Asian Pacific Islander Caucus of APHA, 2001-2003 Program Chair, Asian Pacific Islander Caucus of APHA, 1998-2000 Chair and Member, Board of Directors, Orange County Asian Pacific Islander Community Alliance, 1997-present Member, Board of Directors, St. Joseph Health System Community Partnership Fund, 2010-present Member, American Cancer Society, California Division, Asian American and Pacific Islander Team, 2007- present Member, Advisory Board, Orange County Women\u2019s Health Project, 2013-present Member, Board of Directors, Susan G. Komen for the Cure Orange County Affiliate, 2010-2014 Member, California Breast Cancer Research Program Council, 2010-2013 Member, Technical Advisory Committee, California Health Interview Survey, 2008-2012 Member, Advisory Group, California Breast Cancer Mapping Project, 2010-2012 Member and Chair, Asian American/Pacific Islander National Advisory Committee, Susan G. Komen for the Cure, 2005-2008 Member, National Advisory Committee, Asian Pacific Partners for Empowerment and Leadership, 1998- 2005 Member, Board of Directors, Asians and Pacific Islanders for Reproductive Health, 1997-2001 Member, Board of Directors, Women's Organization Reaching Koreans, 1993-1996 Member, Advisory Committee, California Asian Pacific Islander Tobacco Education Network, 1993-1995 American Public Health Association Society for Public Health Education American Association for Cancer Research Department of Health Science 212 HISTORY: Business Address: California State University, Fullerton Department of Health Science 142 Fullerton Business Phone: (657) 278-3140 Business E-mail Address: [email protected] EDUCATION: Bachelor of Arts December, 1989, University of California at Berkeley (Anthropology) Master of Public Administration June, 1992, Harvard University Kennedy School of Government (Concentration, Health Policy) Doctor of Philosophy December, 1999, University of California at Los Angeles School of Public Health (Health Services Research; Cognate in Epidemiology) Dissertation: Hospital Volume and Outcomes among Patients with in California Agency for Healthcare Research and Quality Postdoctoral Fellowship December 1999 \u2013 June 2001 RAND/ University of California at Los Angeles School of Public Health Department of Health Services U.S. Department of Defense Breast Cancer Research Program Postdoctoral Fellowship July 2003 \u2013 June 2006 Division of General Internal Medicine and Health Services Research David Geffen School of Medicine at EXPERIENCE: August 18, 2014 - present Associate Professor Department of Health Science California State University, Fullerton July, 2011 \u2013 July 2014 Adjunct Associate Professor, Step Department of Health Science 213 Division of General Internal Medicine and Health Services Research David Geffen School of Medicine at February, 2010 \u2013 July 2014 Research Health Scientist Greater Los Angeles Healthcare System January, 2003-June, 2011 Assistant Adjunct Professor Division of General Internal Medicine and Health Services Research David Geffen School of Medicine at July, 2001 \u2013 December, 2002 Visiting Assistant Researcher Department of Medicine Division of General Internal Medicine and Health Services Research October 1995 - June 1998 Staff Research Associate Hospital Outcomes Project Department of Health Services School of Public Health October 1996 - June 1997 Pre-Doctoral Training Fellow University-wide Research Program School of Public Health October 1995 - June 1996 Research Assistant and Survey Coordinator The Provider's Role in Youth Violence Prevention Project Division of General Internal Medicine and Health Services Research David Geffen School of Medicine at August 1994 - July 1995 Academic Fellow in Violence Prevention Impact of Firearm-related Injuries in Los Angeles County Project California Wellness Foundation Violence Prevention Initiative School of Public Health Professional Memberships: AcademyHealth Gerontological Society of America American Association of Hospice and Palliative Medicine California State University Fullerton Center for Cancer Disparities Research Department of Health Science 214 AWARDS: Health Services Research John M. Eisenberg Article of the Year Award, 2008 Cornelius L. Hopper Poster Award for Innovation Honorable Mention California Breast Cancer Research Program Symposium, 2003 Public Health Student Association Health Services Teaching Assistant of the Year School of Public Health, 1998 Beverlee A. Meyers Memorial Award School of Public Health, 1997 New Course Development \u201cHealth Services Organization and Delivery in the United States: What Every Health Science Professional Should Know.\u201d In development for 2016-2017. Professional Development Activities Spring, 2015: Quality Online Teaching and Learning Certificate Program, Faculty Development Center, CSUF. Spring, 2015: Scholarship of Teaching and Learning, Faculty Development Center Training Program and Learning Community, CSUF. Courses Taught: California State University Fullerton Applied Health Promotion in Aging Populations (HESC/Gerontology 450). Fall 2014, Spring 2015, Fall 2015 Introduction to Health Policy 424). Fall 2015 Health Science Planning, Research and Evaluation 475). Spring 2015 Determinants of Health Behavior 440). Fall 2014 Courses Taught: David Geffen School of Medicine Introduction to Health Policy: What Every Physician Should Know (Selective Course SL608-B): Winter, 2004, Spring, 2005, Spring, 2006, Spring, 2008 Department of Health Science 215 Teaching Assistant Experience: Fielding School of Public Health Practices of Evaluation in Health Services (Health Services 422, Department of Health Services): Winter 1998 (Instructor: Bastani), Spring 1998 (Instructor: Andersen), Winter 1997 (Instructor: Andersen), Spring 1997 (Instructor: Bastani) Introduction to Health Services (Health Services 100, Department of Health Services): Fall 1997 (Instructor: Cunningham/Litwin), Fall 1996 (Instructor: Cunningham/Litwin), Fall 1995 (Instructor: Schweitzer), Spring 1995 (Instructor: Cunningham/Litwin), Fall 1994 (Instructor: Schweitzer). Teaching Assistant Experience: Department of Sociology Medical Sociology (Sociology 170): Spring 1994, Fall 1993 (Instructor: Anspach). Mentoring/ Student Support: Faculty Advisor, Eta Sigma Gamma Chapter 2015-2016 Research mentor Program 2014 - 2016 Anthony Arce: Palliative care needs assessment in minority communities. Katelynn Peirce: Latina breast cancer survivors, post-traumatic growth and resilience; Survivorship care plans for cancer survivors. Preceptor Summer Youth Program Summer 2012; Summer 2011 Preceptor, Pacific Islander Health Careers Pipeline Program Summer Internship Summer 2010; Summer 2009 Speaker, Recruitment Conference, Kennedy School of Government September, 1998 Speaker, Diversity Enrichment Recruitment Conference School of Public Health February, 1997 Mentor, Diversity Enrichment Program School of Public Health October 1995 - June 1997 Committee Service Department of Health Science Undergraduate Program Committee: Member, Fall 2014 \u2013 Spring 2015 Department of Health Science 216 Department of Health Science Master of Public Health Program Admissions Committee: Member and reviewer, Fall 2014 \u2013 present Peer Review Ad Hoc Reviewer: Quality of Life Research; Journal of Ambulatory Care Medicine; Journal of Clinical Epidemiology; American Journal of Managed Care; Medical Care; Journal of Immigrant and Minority Health; Health Services Research; Californian Journal of Health Promotion. Supervising Reviewer: Californian Journal of Health Promotion, Spring 2015. Abstract Reviewer, Gerontological Society of America 2015 Annual Meeting, Behavioral and Social Sciences Section, March 2015. Invited lectures and presentations \"Accessing the Healthcare System for the Insured and Uninsured.\" Chinese Congregation Lecture Series, Culver-Palms Church of Christ, Los Angeles, CA, May 23, 2015 Case Study in Community-Academic Engagement: Lay Navigators as an Intervention to Improve Cancer Screening Among Pacific Islanders.\u201d Oregon State University, Corvallis, OR, May 11, 2015. \u201cThe Healthcare System in the United States: An Overview.\u201d Hubei Public Health Program, International Programs, Asia, University Extended Education, California State University, Fullerton, CA, December 12, 2014. \u201cUnderstanding and Improving Healthcare Quality in the United States.\u201d Hubei Public Health Program, International Programs, Asia, University Extended Education, December 8, 2014. \u201cAdvance Care Planning and Conversations: What\u2019s God Got to Do With It?\u201d The Gospel According to the Hospital Lecture Series, Culver-Palms Church of Christ, July 13, 2014. \u201cSurvivorship care planning: associations with symptom needs, worry, and health-related quality of life.\u201d Division of General Internal Medicine Friday Noon Conference Series, May 30, 2014. \u201cLatina Breast Cancer Survivors: Our Experiences.\u201d Healthy Aging for Women: Preparing Our Communities Conference. California Endowment, Los Angeles, CA., October 5, 2010. \u201cIntegrating Theory and Practice: The Importance of a Conceptual Model.\u201d Pacific Islander Health Careers Pipeline Program. Guam Communications Network, Long Beach, CA. September, 2009. \u201cMeasuring Symptom Evaluation for Breast Cancer Patients: Associations with Provider and Patient Characteristics Division of General Internal Medicine and Health Services Research Noon Conference Series. Los Angeles, CA. April, 2008 Department of Health Science 217 \u201cThe Clinical Epidemiology of the Structure of Breast Cancer Care in Los Angeles County: Preliminary Results of a Provider Survey Division of General Internal Medicine and Health Services Research Noon Conference Series. Los Angeles, CA. March, 2006. \u201cHospital Volume and Patient Outcomes in California, 1995 \u2013 1997 Division of General Internal Medicine and Health Services Research Noon Conference Series. Los Angeles, CA. March 3, 2000. \u201cIntegrating Theory and Practice for a Winning Proposal Part I: Why Do You Need a Conceptual Model?\u201d University-wide Research Program Skill-Building Workshop for Community-based Service Providers. Los Angeles, CA. May, 1997. \u201cCharacteristics of the Firearm Injury Problem in Los Angeles County.\u201d Testimony before the Los Angeles County Board of Supervisors. Los Angeles, CA. March 11, 1997. \u201cThe Medical Cost of Firearm Injuries in Los Angeles County.\u201d Santa Monica Hospital Medical Lecture Series. Santa Monica, CA. October 22, 1996. Other Community Service Girl Scouts of Greater Los Angeles, Co-Leader, Girl Scout Troop 925 August 2012-present. Crimson Compass Career Advising Volunteer, 2015-present Board of Directors: Partnered for Progress, Los Angeles County Breast Cancer Early Detection and Prevention Program July 2005-March 2013 Reviewer: Orange County Asian and Pacific Islander Community Alliance Center for Excellence in Eliminating Disparities, Legacy Grant Program September 2008; August, 2009; July, 2010 Reviewer: Partnered for Progress, Los Angeles County Breast Cancer Early Detection and Prevention Mini-Grant Program May, 2003 Co-Editor, Harvard Journal of Hispanic Policy September 1990 - June 1992 RECEIVED: RSG-10-176-01 (Tisnado, P.I.) (P.I. role transferred from J. Malin 11/1/11) American Cancer Society Department of Health Science 218 Assessing Symptom Side Effects and Indicators of Supportive Cancer Treatment Total Direct Costs: $600,000 July 1, 2010\u2013June 30, 2014 This study will characterize quality of supportive and palliative cancer care in the CanCORS population-based cohort, consisting of 10,000 patients with newly diagnosed lung or colorectal cancer from geographically diverse populations and health care systems. CanCORS Subcontract (Tisnado, D. P.I. of Subcontract and Dana Farber Cancer Institute Title: Understanding Symptom Needs, Worry, and the Role of Survivorship Care Planning Total Direct Costs: $52,305 January 1, 2013-July 31, 2013 This study will use newly collected follow-up survey data on patient experiences in a population- based cohort of lung and colorectal cancer patients enrolled in the Cancer Care and Outcomes Research and Surveillance Consortium (CanCORS II) study to assess the associations amongst receipt of survivorship care planning and symptom needs, health-related quality of life, and satisfaction in long-term cancer survivors. Drew Project EXPORT/ 2P20MD000182-06 (Norris/Shapiro) Are Fatalism and Religiosity Associated with Patient Activation and Experiences with Cancer Care? (Tisnado, P.I. of Pilot Project) Total Direct Costs: $20,000 Dec 1, 2011-May 31, 2012 Purpose: To assess associations among Latina cancer survivors\u2019 self-reported faith beliefs, locus of control and utilization of cancer-related health services Older American Independence Center Career Development Award 5P30 AG128748 (Reuben) Lay Navigators as an Intervention to Improve Breast Cancer Services Among Pacific Islanders (Tisnado, P.I. of Career Development Award Project) Total Direct Costs: $50,000 July 1, 2010 \u2013 June 30, 2011 Purpose: To conduct a process evaluation of a lay health navigator program in a Southern California Pacific Islander community, assessing perceptions of program recipients and other community members of effective lay navigator roles and program models in Pacific Islander communities Center for Health Improvement of Minority Elderly Resource Centers for Minority Aging Research/ 3P30 AG021684:07S2 (Mangione) Lay Navigators as an Intervention to Improve Breast Cancer Services Among Pacific Islanders (Supplement) (Tisnado, P.I. of Supplement Project) Total Direct Costs: $94,966 September 1, 2008 \u2013 June 30, 2010 Purpose: To conduct a process evaluation of a lay health navigator program in a Southern California Pacific Islander community, assessing program staff and community perceptions of Department of Health Science 219 effective lay navigator roles and program models in Pacific Islander communities, and to obtain additional training in community-based, participatory research principles and implementation. California Breast Cancer Research Program Community Research Collaborative/ 14AB-2000 Latina Breast Cancer Survivors: Our Experiences (Tisnado, P.I.) Total Direct Costs: $150,000 July 1, 2008 \u2013 March 31, 2010 Purpose: To employ community-based, participatory research principles to explore Latina breast cancer survivors\u2019 experiences with breast cancer survivorship care in Los Angeles County Center for Health Improvement of Minority Elderly Resource Centers for Minority Aging Research/ 3P30 AG021684 (Mangione) Immigrant Enclave or Ethnic Community? Neighborhood-Level Effects on Latina Elders' Breast Cancer Care and Outcomes in Los Angeles County (Tisnado, P.I. of Pilot Project) Total Direct Costs: $20,000 July 31, 2006 \u2013 July 30, 2007 Purpose: To explore the methodologies for defining and identifying \u201cimmigrant neighborhoods,\u201d to examine the effects such neighborhoods confer on cancer care and outcomes, comparing the communities where Latinos and non-Latinos live; and how these effects specifically impact older community members. U.S.A. Medical Research and Material Command, Department of Defense Postdoctoral Fellowship/ DAMD17-03-1-0328 Quality of Breast Cancer Care: The Role of Hispanic Ethnicity, Language, and Socioeconomic Position (Tisnado, P.I.) Total Direct Costs: $167,275 October 1, 2004 \u2013 June 30, 2008 Purpose: To assess the relative impact of contextual and neighborhood level socioeconomic factors, person-level socioeconomic factors, language, and ethnicity on the quality of care received by a population-based cohort of women with a new diagnosis of breast cancer in Los Angeles County. California Breast Cancer Research Program / 7PB-0126 The Impact of Structure on the Quality of Breast Cancer Care (Kahn, P.I./ Tisnado, Co-P.I.) Total Direct Costs: $851,914 December 1, 2001 \u2013 June 30, 2005 Purpose: To measure characteristics of the structure of care for breast cancer in Los Angeles County, and to assess the impact of structure on the processes and outcomes of breast cancer care. Agency for Healthcare Research and Quality Post-Doctoral Fellowship/ T32 HS00046 Amount: $42,774 December, 1999 \u2013 June, 2001 RAND/ University of California at Los Angeles School of Public Health Department of Health Services Research Projects Department of Health Science 220 Volume-Outcomes Effect and HIV. Purpose: To address the endogeneity of the volume- outcome relationship with an Instrumental Variables approach (Tisnado Physician Value Check Validation Study. Purpose: to examine the structure-process-outcome link with a large West Coast sample of managed care patients (Kahn, P.I.) Institute of Medicine Nickens Symposium. Purpose: To prepare a manuscript reviewing increasing racial and ethnic diversity among physicians as an intervention to address health disparities (Kington, P.I) University-wide Research Program Pre-doctoral Training Fellowship Amount: $12,000 School of Public Health, 1996 \u2013 1997 Research Project Hospital Outcomes Project. Purpose: to examine patient and hospital characteristics associated with care processes and outcomes of patients hospitalized with in California (Tisnado, P.I.) Other Activities: Participated in the development and implementation of a conference for local community-based organizations (Morisky COLLABORATIONS: Assessing Symptoms, Side Effects, and Indicators of Supportive Treatment for Cancer National Study (Lorenz, PI; Walling, Co-PI) 2008-2014 Feasibility and Validity of Assessing Symptoms, Side Effects, and Indicators of Supportive Treatment in the Pilot Study (Malin, PI) 2007-2008 Cancer Care Outcomes Research and Surveillance Consortium (CanCORS) (Kahn, PI) 2004-2014 Quality of Care Under Varying Feature of Managed Care (Kahn, PI) 2000-2006 Department of Health Science 221 1. Ahluwalia, S., Tisnado, D. M., Walling, A. M. Dy, S., Pantoja, P., & Lorenz, K. L. (2015). Associations of early patient-physician care planning discussions and end-of-life care intensity in advanced cancer. Journal of Palliative Medicine, 18(10)834-841. doi:10.1089/jpm.2014.0431. 2. Kim, Y., Winner, M., Page, A., Tisnado, D. M., Martinez, K. A., Buettner, S., . . . Pawlik, T. M. (2015). Patient perception regarding the likelihood of cure following surgical resection of lung and colorectal cancer. Cancer, doi: 10.1002/cncr.29530 3. Mack, J., Walling, A. M., Dy, Keating, N., Antonio, A., Adams, J., & Tisnado, D. M. (2015). Patients beliefs that chemotherapy may be curative and care received at the end of life among patients with metastatic lung and colorectal cancer. Cancer, 12(11), 1891- 1897. doi: 10.1002/cncr.29250 4. Kwon, D., Tisnado, D. M., Keating, N., Klabunde, C., Hornbrook, M., & Kahn, K. L. (2015). Physician-reported barriers to referring cancer patients to specialists: Prevalence, factors, and associations with career satisfaction. Cancer, 121(1), 113-122. doi: 10.1002/cncr.29019 5. Walling, A. M., Weeks, J. C., Kahn, K. L., Tisnado, D. M., Keating, N., Dy, S., . . . Malin, J. (2015). Symptom prevalence in lung and colorectal cancer patients. Journal of Pain and Symptom Management, 49(2), 192-202. doi:10.1016/j.jpainsymman.2014.06.003 6. Dy, S., Walling, A., Mack, J., Malin, J. L., Pantoja, P., Lorenz, K., & Tisnado, D. M. (2014). Evaluating the quality of supportive oncology using patient-reported outcomes. Journal of Oncology Practice, 10(4), 223-230. doi:10.1200/JOP.2013.001237 7. Walling, A., Tisnado, D. M., Dy, S., Ettner, S., Asch, S., Pantoja, P., . . . Lorenz, K. (2013). The quality of supportive cancer care in the Veterans Affairs Healthcare System and targets for quality improvement Internal Medicine, 173(22), 2071-2079. doi: 10.1001/jamainternmed.2013.10797. 8. Tisnado, D. M., Moore, A., Levin, J., & Rosen, S. (2012). Developing and testing a decision aid by providers in making recommendations: About mammography screening in older women. Journal of Applied Gerontology, 34(3), 343-358. doi: 10.1177/0733464812467397 9. Rose-Ash, D., Tisnado, D. M., Tao, M. L., Malin, J., Ganz, P., & Kahn, K. L. (2012). Prevalence, predictors, and patient outcomes associated with physician co-management: Findings from the Los Angeles Women\u2019s Health Study. Health Services Research, 47(3), 1091-1116. doi: 10.1111/j.1475-6773.2011.01359.x 10. Malin, J., O\u2019Neill, S. M., Asch, S. M., Dy, S. M., Walling, A. M., Tisnado, D. M., . . . Lorenz, K. A. (2011). Quality of supportive care for patients with advanced cancer in a Department of Health Science 222 medical center. Journal of Palliative Medicine, 14(5), 1-5. doi:10.1089/jpm.2010.0464 11. Scher, K., Tisnado, D. M., Rose, D. E., Adams, J. L., Ko, C. Y., Malin, J. L., . . . Kahn, K. L. (2011). Physician and practice characteristics influencing tumor board attendance: Results from the provider survey of the Los Angeles Women\u2019s Health Study. Journal of Oncology Practice, 7(2), 103-110. doi: 10.1200/JOP.2010.000085 12. Tui\u2019one, V., Tulua-Tata, A., Hui, B., & Tisnado, D. M. (2010). The Tongan American Health Professionals Association promoting health through sharing mentoring and networking. Californian Journal of Health Promotion, 8, 73-83. Retrieved from 13. Schmidt-Vaivao, D. E., Lutu, G., Tulua-Tata, A., Hannemann, M., & Tisnado, D. M. (2010). Assessing the effectiveness of education workshops for breast cancer prevention and early detection among Samoan and Pacific Islander women in southern California. Californian Journal of Health Promotion, 8, 1-10. Retrieved from 14. Tisnado, D. M., Sablan-Santos, L., Quenga, J., Guevara, L., Quitugua, L., Castro, K., . . . Tran, J. (2010 case study in Chamorro community and academic engagement for a community-partnered research approach. Californian Journal of Health Promotion, 8, 39-51. Retrieved from 15. Dy, S. M., Lorenz, K. A., O\u2019Neill, S. M., Asch, S. M., Walling, A. M., Tisnado, D. M., . . . Malin, J. L. (2010). Cancer Quality supportive oncology quality indicator set: Feasibility, reliability, and validity testing. Cancer, 116(13), 3267-3275. doi: 10.1002/cncr.25109 16. Rogers, S. O., Gray, S. W., Landrum, M. B., Klabunde, C. N., Fletcher, R. H., Kahn, K. L., Clauser, S., Tisnado, D. M., . . . Keating, N. L. (2010). Variations in surgeon treatment recommendations for lobectomy in early-stage non-small-cell lung cancer by patient age and comorbidity. Annals of Surgical Oncology, 17(6), 1581-1588. doi: 10.1245/s10434-010-0946-y 17. Rose, D. E., Tisnado, D. M., Malin, J. L., Tao, M. L., Maggard, M. A., Adams, J., . . . Kahn, K. L. (2010). Use of interpreters by physicians treating limited English proficient women with breast cancer: Results from the provider survey of the Los Angeles Women\u2019s Health Study. Health Services Research, 45(1), 172-194. doi: 10.1111/j.1475- 6773.2009.01057.x 18. Klabunde, C. N., Ambs, A., Keating, N. L., He, Y., Doucette, W. R., Tisnado, D. M., . . . Kahn, K. L. (2009). The role of primary care physicians in cancer care. Journal of General Internal Medicine, 24(9), 1029. doi: 10.1007/s11606-009-1058-x 19. Tisnado, D. M., Malin, J., Tao, M., Ganz, P. A., Rose-Ash, D., Hu, A., . . . Kahn, K. L. (2009). The structural landscape of the health care system for breast cancer care in Los Department of Health Science 223 Angeles County: Results from a physician survey. The Breast Journal, 12(1), 17-25. doi: doi:10.1111/j.1524-4741.2008.00666.x 20. Chen, J., Tao, M. L., Tisnado, D. M., Malin, J. L., Adam, J. A., Ganz, P. A., & Kahn, K. L. (2008). Impact of physician-patient discussions on patient satisfaction. Medical Care, 46(11), 1157-1162. 21. Chen, J., Malin, J., Ganz, P. A., Ko, C., Tisnado, D. M., Tao, M. L., . . . Kahn, K. L. (2009). Variation in physician-patient discussion of breast reconstruction. Journal of General Internal Medicine, 24(1), 99-104. doi: 10.1007/s11606-008-0855-y 22. Keating, N. L., Landrum, M. B., Klabunde, C. N., Fletcher, R., Rogers, S., Doucette, W., Tisnado, D. M., . . . Kahn, K. L. (2008). Adjuvant chemotherapy for stage colon cancer: Do physicians agree about the importance of patient age and comorbidity? Journal of Clinical Oncology, 26(15), 2532-2537. 23. Tisnado, D. M., Rose-Ash, D., Malin, J., Adams, J., Ganz, P. A., & Kahn, K. L. (2008). Financial incentives for quality in breast cancer care. American Journal of Managed Care, 14(7), 457-466. 24. Yoon, J., Malin, J., Tao, M. L., Tisnado, D. M., Adams, J. A., Timmer, M., . . . Kahn, K. L. (2008). Symptoms after breast cancer treatment: Are they influenced by patient characteristics?. Breast Cancer Research and Treatment, 108(2), 153-165. doi: 10.1007/s10549-007-9599-3 25. Yoon, J., Malin, J., Tisnado, D. M., Tao, M. L., Adams, J. A., Timmer, M., . . . Kahn, K. L. (2008). Symptom management after breast cancer treatment: Is it influenced by patient characteristics?. Breast Cancer Research and Treatment, 108(1), 69-77. doi: 10.1007/s10549-007-9580-1 26. Tisnado, D. M., Adams, J., Liu, H. H., Damberg, C., Hu, A., Chen, W. P. & Kahn, K. L. (2007). Does concordance between data sources vary by medical organization type? American Journal of Managed Care, 13(6), 289-296. 27. Kahn, K. L., Tisnado, D. M., Adams, J. L., Liu, H., Chen, W. P., Hu, F. A., . . . Damberg, C. L. (2007). Does ambulatory process of care predict health-related quality of life outcomes for patients with chronic disease?. Health Services Research, 42(1), 63-83. doi: 10.1111/j.1475-6773.2006.00604.x 28. Tisnado, D. M., Adams, J. L., Liu, H., Damberg, C., Hu, F. A., Chen, W. P., . . . Kahn, K. L. (2006). Does concordance between medical records and patient self-report vary with patient characteristics?. Health Services Research and Outcomes Methodology, 6(3), 157-175. doi: 10.1007/s10742-006-0012-1 Department of Health Science 224 29. Tisnado, D. M., Adams, J. L., Liu, H., Damberg, C., Chen, W. P., Hu, F. A., . . . Kahn, K. L. (2006). What is the concordance between the medical record and patient self-report as data sources for ambulatory care?. Medical Care, 44(2), 132-140. 30. Liu, H., Hays, R. D., Adams, J. L., Chen, W. P., Tisnado, D. M., Mangione, C. M., . . . Kahn, K. L. (2005). Imputation of SF-12 health scores for respondents with partially missing data. Health Services Research, 40(3), 905-922. doi: 10.1111/j.1475- 6773.2005.00391.x 31. Kahn, K. L., Liu, H., Adam, J. L., Chen, W. P., Tisnado, D. M., Carlisle, D. M., . . . Damberg, C. L. (2003). Methodological challenges associated with longitudinal studies regarding quality of care and health status. Health Services Research, 38(6), 1579-1598. doi: 10.1111/j.1475-6773.2003.00194.x 32. Cunningham, W. E., Tisnado, D. M., Liu, H. H., Nakazono, T. T., & Carlisle, D. M. (1999). The effect of hospital experience on hospital mortality for patients with in California. American Journal of Medicine, 107(2), 137-143. doi: PRESS) None (SUBMITTED) 1. Tisnado, D. M., Malin, J., Kahn, K. L., Landrum, M. B., Klabunde, C. N., Fletcher, R., . . . Keating, N. L. Variations in treatment recommendations for stage lung cancer: What is the role of performance status?. Cancer Medicine. 2. Walling, A. M., Tisnado, D. M., Kahn, K. L., Keating, N., Weeks, J. C., Pantoja, P., & Malin, J. Lower patient ratings of physician communication are associated with greater unmet need for symptom management in lung and colorectal cancer patients. Journal of Oncology Practice. 3. Ejaz, A., Kim, Y., Winner, M., Page, A., Tisnado, D. M., Dy, S., & Pawlik, T. M. Patient and physician-related factors regarding patient-reported quality of care following surgical resection of lung and colorectal cancer. Journal of Surgical Oncology. 4. Walling, A. M., Tisnado, D. M., Ettner, S., Pantoja, P., & Lorenz, K. An effectiveness study: does early palliative care specialist consultation improve supportive care quality? Journal of Pain and Symptom Management Department of Health Science 225 1. Kington, R., Tisnado, D. M., & Carlisle, D. M. (2001). Increasing racial and ethnic diversity among health professionals: An intervention to address health disparities?. In The right thing to do, the smart thing to do: Enhancing diversity in the health professions (pp.57-90). Washington, D.C.: National Academy Press. 2. Tisnado, D. M., Carlisle, D. M., Liu, H., & Nickens, H. W. (2000). Physician characteristics and serving the underserved: Results of the 1997 Physician Practice Survey. Unpublished report prepared for the American Association of Medical Colleges 1. Malin, J., & Tisnado, D. M. (2005). Access to care in requisite but not sufficient for quality cancer care. Cancer Investigation, 23(6), 568-570 COMPLETED) 1. Tisnado, D. M., Reynosa, A., Peirce, K., Montano, B., & Mendez-Luck, C. Barriers, gaps, and resiliency: Experiences of breast cancer survivorship among Latinas. 2. Tisnado, D. M., Walling. A., Steers, M., Peirce, K., Kahn, K. L. Survivorship care planning: Associations with symptom needs, worry and health-related quality of life. 3. Winner, M., Kim, Y., Ejaz, A., Page, A., Tisnado, D. M., Dy, S., & Pawlik, T. M. Physician attitudes and practices regarding discussion of cure with cancer patients: results from a physician survey 1. Tisnado, D. M., Walling, A. M., Steers, N., Peirce, K. (2015, October). Assessing associations between symptoms, worry, and survivorship care planning among long term cancer survivors. Poster presentation, American Society of Clinical Oncology/American Association for Hospice and Palliative Medicine Annual Palliative Care in Oncology Symposium, Boston, MA. 2. Walling, A. M., Dy, S., Malin, J., Mack, J., Adams, J., Antonio, A., Tisnado, D. M. (2015, February). Unmet needs for symptom management in patients with early and late stage lung and colorectal cancer. Oral presentation, American Association for Hospice and Palliative Medicine, Philadelphia Department of Health Science 226 3. Walling, A.M., Dy, S., Malin, J., Mack, J., Adams, J., Antonio, A., Tisnado, D. M. (2014, October). Association of lower patient ratings of physician communication with need for symptom management in lung and colorectal cancer patients. Oral presentation, American Society of Clinical Oncology/American Association for Hospice and Palliative Medicine 1st Annual Palliative Care in Oncology Symposium, Patient-Centered Care Across the Cancer Continuum, Boston, MA. 4. Ahluwalia, S., Tisnado, D. M., Walling, A. M., Dy, S., Pantoja, P., Lorenz, K. L.(2014, March). Early care planning discussions are associated with less hospital care at the end of life in Veterans with advanced cancer. Oral presentation, American Association for Hospice and Palliative Medicine, San Diego 5. Walling, A. M., Dy, S., Malin, J., Mack, J., Kim, B., Tisnado, D. M. (2013, February). Evaluating the quality of information and care planning in advanced cancer patients. Oral presentation selected for the American Psycho-Oncology Society, Huntington Beach, CA. 6. Walling, A. M., Tisnado, D. M., Dy, S., Ettner, S., Asch, S., Malin, J. L., Kim, B., & Lorenz, K. (2012, December). The quality of supportive care provided to veterans with advanced cancer. Poster presentation, American Society of Clinical Oncology, Quality Symposium, San Diego, CA. 7. Walling, A., Tisnado, D. M., Malin, J. L., Kim, B., Pantoja, P., & Dy, S. (2012, November). Evaluating the quality of supportive oncology using patient-reported outcomes. Poster presentation, American Society of Clinical Oncology, Quality Symposium, San Diego, CA. 8. Walling, A. M., Tisnado, D. M., Kahn, K. L., Keating, N., Weeks, J. C., Pantoja, P., & Malin, J. (2012, March). Symptoms and unmet symptom needs in a nationally representative cohort of lung and colorectal cancer patients. Oral presentation, American Association of Hospice and Palliative Medicine, Denver, CO. 9. Kelly, K., Nguyen, L., Guevara, L., Tulua-Tata, A., Vaivao, D., & Tisnado, D. M. (2011, June). Developing a community-based health navigation curriculum collaboratively with lay health workers. Oral presentation, California Conference, Long Beach, CA. 10. Tisnado, D. M., Quitugua, L., Guevara, L., & Sablan-Santos, L. (2011, June). How do lay patient navigators improve access to breast health services for older Pacific Islanders?. Oral presentation, California Conference, Long Beach, CA. 11. Tisnado, D. M., Sablan-Santos, L., Quitugua, L., Guevara, L., & Quenga, J. (2010, November). Patient navigation: An intervention to address cancer disparities among older Pacific Islanders. Poster presentation, Gerontological Society of America Annual Scientific Meeting, New Orleans Department of Health Science 227 12. Tisnado, D. M., Quitugua, L., Quenga, J., Guevara, L., & Sablan-Santos. (2010, October). How do lay patient navigators improve access to breast health services for older Pacific Islanders?. Poster presentation Center for Health Improvement of Minority Elderly/Resource Center for Minority Aging Research Retreat, Los Angeles, CA. 13. Tisnado, D. M., Mendez-Luck, C., Herrera, A., Casillas, A., Metz, J., & Monta\u00f1o, B. (2010, September). Latina breast cancer survivors: Our experiences. Oral presentation, California Breast Cancer Research Program Symposium, Oakland, CA. 14. Tisnado, D. M., Mendez-Luck, C., Herrera, A., Casillas, A., Metz, J., & Monta\u00f1o, B. (2010, September). Latina breast cancer survivors: Preliminary results of a qualitative study. Poster presentation, International Conference on Aging in the Americas, Austin, TX. 15. Kahn, K. L., Adams, J., Shih, V., Tisnado, D. M., & Wenger, N. (2010, June). Delivering high quality care for patients with high severity and comorbidity. Oral presentation, AcademyHealth Annual Research Meeting. Boston, MA. 16. Tui\u2019one, V., Hui, B., Lee, C., & Tisnado, D. M. (2010, May). The Tongan American Health Professionals Association (TAHPA). Poster presentation, 7th Biennial Cancer, Culture & Literacy Conference: Methodologies, Skills and Innovations. Clearwater Beach, FL. 17. Kahn, K. L., Adams, J., Shih, V., Tisnado, D. M., & Wenger, N. (2010, May). Doctors deliver higher quality for sicker patients. Oral presentation, Society of General Internal Medicine, Minneapolis, MN. 18. Tui\u2019one, V., Hui, B., Tulua-Tata, A., & Tisnado, D. M. (2009, September). The Tongan American Health Professionals Association: Sharing, mentoring and networking for health promotion. Oral presentation , 2009 California Conference: REACHing Ahead, REACHing for Change, Redefining the Health Landscape for 2010 and Beyond. Long Beach, CA. 19. Tisnado, D. M., Sablan-Santos, L., Guevara, L., Quitugua, L., Castro, K., Aromin, J., & Tran, J. (2009, September). Evaluating community-based navigation as an intervention to improve access to breast cancer services among the Chamorro: Community and academic engagement for a community partnered research approach. Oral presentation, 2009 California Conference: REACHing Ahead, REACHing for Change, Redefining the Health Landscape for 2010 and Beyond. Long Beach, CA. 20. Tisnado, D. M., Rose-Ash, D. E., Malin, J. L., Adams, J., Ganz, P., & Kahn, K. L. (2009, April). Do individual and neighborhood-level limited English proficiency predict quality of care for older breast cancer patients?. Poster presentation 2009 Annual Investigators\u2019 Meeting, Birmingham Department of Health Science 228 21. Tisnado, D. M., Sablan-Santos, L., Guevara, L., & Flores-Quitugua, L. (2009, April). Evaluating community-based patient navigation as an intervention to improve breast cancer screening among Chamorros. Poster presentation, Claude D. Pepper Older Americans Independence Center Annual Meeting, Bethesda, MD. 22. Tisnado, D. M., Rose-Ash, D., Malin, J., Tao, M., Ganz, P., Adams, J., & Kahn, K. L. (2008, October). Quality of communication in breast cancer care: Associations with patient, provider, and neighborhood characteristics. Poster presentation Resource Center for Minority Aging Research Retreat, Los Angeles, CA. 23. Tisnado, D. M., Rose-Ash, D., Malin, J., Ganz, P., Adams, J., & Kahn, K. L. (2008, June). Availability of trained medical interpreters for care of breast cancer patients: variations and impact on patient outcomes by practice and neighborhood characteristics. Poster presentation, Era of Hope Symposium of the Department of Defense Breast Cancer Research Program, Baltimore, MD. 24. Tisnado, D. M., Rose-Ash, D., Malin, J., Ganz, P., Adams, J., & Kahn, K. L. (2008, May). Availability of trained medical interpreters for care of older breast cancer patients: variations by practice and neighborhood characteristics. Poster presentation, Resource Centers for Minority Aging Annual Conference, Ann Arbor, MI. 25. Rose-Ash, D., Tisnado, D. M., Malin, J., Tao, M. L., Ganz, P., & Kahn, K. L. (2007, September). Physician use of health professionals and support staff in caring for a population-based cohort: Results from the Los Angeles Women\u2019s (LAW) Study. Poster presentation, California Breast Cancer Research Program Symposium, Los Angeles, CA. 26. Tisnado, D. M., Rose-Ash, D., Malin, J., Tao, M. L., Ganz, P., Hu, A., Adams, J., & Kahn, K. L. (2007, September). Physician self-reported financial incentives in breast cancer care: Results from the Los Angeles Women\u2019s Health Study. Poster presentation, California Breast Cancer Research Program Symposium, Los Angeles, CA. 27. Tisnado, D. M., Rose-Ash, D., Malin, J., Tao, M. L., Ganz, P., Hu, A., Adams, J., & Kahn, K. L. (2007, June). Physician self-reported financial incentives in breast cancer care: Results from the Los Angeles Women\u2019s Health Study. Poster presentation, AcademyHealth Annual Research Meeting, Orlando, FL. 28. Tisnado, D. M., Rose-Ash, D., Malin, J., Tao., M. L., Ganz, P., Hu, A., Adams, J., & Kahn, K. L. (2007, June). Explicit incentives for quality in breast cancer care: Physician reports from the Los Angeles Women\u2019s Health Study. Poster presentation, AcademyHealth Annual Research Meeting, Orlando Department of Health Science 229 29. Rose-Ash, D., Tisnado, D. M., Malin, J., Tao, M. L., Ganz, P., & Kahn, K. L. (2007, April). Physician use of health professionals and support staff in caring for a population-based cohort: Results from the Los Angeles Women\u2019s (LAW) Study. Poster presentation, Society of General Internal Medicine 30th Annual Meeting, Toronto, Canada. 30. Rose-Ash, D., Tisnado, D. M., Malin, J., Tao, M. L., Ganz, P., & Kahn, K. L. (2007, April). Physician practice styles and referral patterns model from breast cancer care, Los Angeles Women\u2019s Health Study. Poster presentation, Society of General Internal Medicine 30th Annual Meeting, Toronto, Canada. 31. Rose-Ash, D., Tisnado, D. M., Malin, J., Tao, M., Hu, A., Ganz, P., & Kahn, K. L. (2006, June). Use of interpreter services among health care providers treating women with breast cancer: Findings from Los Angeles County, 2004. Oral presentation, Academy Health Annual Research Meeting, Seattle, WA. 32. Tisnado, D. M., Malin, J., Tao, M., Hu, A., Rose-Ash, D., Ganz, & Kahn, K. L. (2006, June). Neighborhood and patient-level effects on response to a cancer care survey. Poster presentation, Academy Health Annual Research Meeting, Seattle, WA. 33. Yoon, J., Malin, J., Tao, M. L., Tisnado, D. M., Ganz, P. A., & Kahn, K. L. (2006, April). Patient characteristics and symptoms from breast cancer treatment: Patient report of unmet needs. Poster presentation, Society for General Internal Medicine, Los Angeles, CA. 34. Tisnado, D. M., Misra, A., Malin, J., Tao, M., Ganz, P., & Kahn, K. L. (2006, April). Measuring symptom evaluation for breast cancer patients and associations with provider and practice characteristics. Poster presentation, Society for General Internal Medicine, Los Angeles, CA. 35. Rose-Ash, D., Tisnado, D. M., Malin, J., Tao, M., Hu, A., Ganz, P., & Kahn, K. L. (2006, April). Predictors of proportion of limited-English proficient patients among providers treating women with breast cancer: Findings from Los Angeles County, 2004. Poster presentation, Society for General Internal Medicine, Los Angeles, CA. 36. Tisnado, D. M., Malin, J., Tao, M., Hu, A., Rose-Ash, D., Ganz, P., & Kahn, K. L. (2005, June). The clinical epidemiology of the structure of breast cancer care in Los Angeles County: Preliminary results of a provider survey. Poster presentation, Academy Health Annual Research Meeting, Boston, MA. 37. Tisnado, D. M., Malin, J., Ganz, P., Tao, M., Hu, A., Adams, J., & Kahn, K. L. (2005, June). Breast cancer patient race/ethnicity, neighborhood, and hospital quality: Are they related?. Poster presentation, Department of Defense Breast Cancer Research Program Era of Hope Conference, Philadelphia Department of Health Science 230 38. Tao, M. L., Malin, J. L., Ganz, P. A., Adams, J. L., Tisnado, D. M., Hickey, S. C., Mancewicz, M. J., & Kahn, K. L. (2004, June). Predictors of use of sentinel lymph node biopsy in a population-based cohort of breast cancer patients. Oral presentation, Annual Meeting of the American society for Clinical Oncology, New Orleans, LA. 39. Tisnado, D. M., Malin, J., Tao, M., Rose-Ash, D., & Kahn, K. L. (2003, September). The impact of structure on the quality of breast cancer conceptual framework. Poster presentation, California Breast Cancer Research Program Symposium, San Diego, CA. 40. Tisnado, D. M., Chen, W. P., Adams, J., Liu, H. H., Damberg, C., Carlisle, C., Mangione, C., & Kahn, K. L. (2002, June). What is the concordance between patient self-report and medical record as a data source for diagnoses and procedures?. Poster presentation, Academy for Health Services Research, Washington, D.C. 41. Tisnado, D. M., Chen, W. P., Adams, J., Liu, H. H., Damberg, C., Carlisle, C., & Kahn, K. L. (2002, June). Office visits and other patient-provider contacts among managed care patients with chronic illness. Poster presentation, Academy for Health Services Research, Washington D.C. 42. Kahn, K. L., Liu, H. H., Adams, J., Chen, W. P., Tisnado, D. M., Carlisle, D. M., Spar, M., Mangione, C. M., &Damberg, C. (2002, May). Organizational characteristics predict process of care. Oral presentation, Society of General Internal Medicine Annual Meeting, Atlanta, GA. 43. Tisnado, D. M., Chen, W. P., Liu, H. H., Adams, J., Damberg, C., Carlisle, D. M., Mangione, C. M., & Kahn, K. L. (2002, May). What is the concordance between patient self-report and medical record as a data source for medication use?. Poster presentation, Society of General Internal Medicine Annual Meeting, Atlanta, GA. 44. Tisnado, D. M., Cunningham, W. C., & Andersen, R. A. (2002, February). Asian race and in-hospital deaths in California: Are they related?. Poster presentation, Annual Meeting of the University-wide Research Program, Sacramento, CA. 45. Tisnado, D. M., Damberg, C., Bernhardt, M., Chen, W., Carlisle, D. M., & Kahn, K. L. (2001, June). Outpatient utilization among patients with chronic illness in managed care. Poster presentation, Academy for Health Services Research and Health Policy, Atlanta, GA. 46. Kahn, K. L., Liu, H. H., Adams, J., Spar, M., Carlisle, D. M., Chen, W., Hays, R. D., Mangione, C. M., Tisnado, D. M., & Damberg, C. L. (2001, May). Patient and organizational correlates of screening for colorectal cancer. Poster presentation, Society of General Internal Medicine, San Diego Department of Health Science 231 47. Carlisle, D. M., Tisnado, D. M., & Kington, R. (2001, March). Increasing racial and ethnic diversity among health professionals: An intervention to address health disparities?. Oral presentation, National Academy of Sciences, Herbert Nickens Memorial Symposium on Diversity in the Health Professions, Washington, D. C. 48. Tisnado, D. M., & Andersen, R. A. (2000, June). Hospital volume and patient outcomes in California, 1995-1997: An instrumental variable approach. Oral presentation, Annual National Research Service Award Training Research Conference, Los Angeles, CA. 49. Tisnado, D. M., Cunningham, W. E., Lie, H. H., Nakazono, T. T., & Carlisle, D. M. (1999, May). Hospital volume and in-hospital mortality in California, 1996. Poster presentation, Annual Meeting of the Center for Identification, Prevention, and Treatment, Los Angeles Department of Health Science 232 Dara M. Vazin 64 Sycamore Lane Buena Park 90621 Phone: (714) 318-8312 EdD University of La Verne, Organizational Leadership, September, 2013 California State University Long Beach, Masters of Public Health, 1996 B.A. California State University Long Beach, Psychology, 1990 Certified Health Education Specialist (CHES) #5380 since 1996-current Lecturer, California State University Fullerton, Department of Health Science, 2000- Current 101 Personal Health 358 Contemporary Issues in Childhood Health 400 Program Design for Health Promotion 495 Undergraduate Internship 499 Independent Studies Other courses taught at Pathways, Food Health Well Being (2013-current) University 100 (2008), Biology 360 (2002-2005 \uf0b7 Outstanding Faculty Award-Teaching, Department of Health and Human Development, Spring 2008 \uf0b7 Outstanding Faculty Member in honor of 50th Anniversary, April 29, 2008 \uf0b7 Grant recipient 50 Anniversary- \u201cGoing for the Gold, 5k Intergenerational Run/Walk\u201d Spring 2008 Department of Health Science 233 Publication Vazin (2013). Spirituality and Health: Implications for policy and practice (Doctoral dissertation). University of La Verne; Advisor, Dr. Casey Goodall. Manuscript Under Review Chikamoto, Y., & Vazin, D., (2015).College students\u2019 perceptions on medical waivers for wellness incentives under the Affordable Care Act. Manuscript submitted for publication and in final phase of review. Peer -Reviewed Article Chikamoto, Y., Vazin, D., McMahan, S.; \u201cGet Smart:\u201d The third essential element of building a health promotion program is developing the art-combining scientific knowledge and business know how with theory and creativity to get the job done. Wellness Council of America (WELCOA): February, 2004. Reviewer 2003, 2004, 2007, 2009, 2011, 2013: An Invitation to Health, Brief 3rd Edition; Dianne Hales; Wadsworth Publishing; Presentations \uf0b7 2014 Invited Guest Speaker FDC- High Impact Practices (HIPS) \uf0b7 2000-2014: Presenter, various health topics, CSUF-Student Life/Dorms \uf0b7 2008 Co-Presenter, Scholarship on Gender Conference. Collaboration with Radio-TV-Film \uf0b7 2005 Presider, Healthy Schools, Healthy People Conference University Service \uf0b7 2014-present: Faculty Instructor Freshman Pathways (FHWB) \uf0b7 2013-present: Faculty Liaison for Student Mental Health \uf0b7 2014-Mentor, University Honors Program. Senior Honors Project \uf0b7 2008- Grant recipient, and key coordinator 50 Anniversary- \u201cGoing for the Gold, 5k Intergenerational Run/Walk\u201d. College Service \uf0b7 2015-present: Faculty Representative High Impact Practices (HIPS) \uf0b7 2014-present: Committee Member, Student Success Team \uf0b7 2014-present: Tutor Coordinator- build infrastructure, develop training materials, provide workshops, guidance for Tutor Supervisors Department of Health Science 234 \uf0b7 2005-2006: Conference Coordinator - \u201cObesity: Awareness and Beyond\u201d : CSUF- Center for the Promotion of Healthy Lifestyles and Obesity \uf0b7 2003: Conference Coordinator-Seminar: \u201cWomen\u2019s Health Issues 2003 Update\u201d CSUF-KHS, Nursing Department, and (Teach, Educate, Discuss, Decisions for Youth. Department Service \uf0b7 2015-present: Nutrition Committee Member \uf0b7 2014-present: Tutor Supervisor-recruit, train, retain student tutors \uf0b7 2007-2009; 2013-present: Continuing Education Coordinator (CEU, CHES) \uf0b7 2011-present: Member, Undergraduate Committee \uf0b7 2011-present: Lead faculty for the standardization of Personal Health 101 \uf0b7 2006-2013: Mentor-undergraduate and student internships \uf0b7 2007-2008: Student Opinion Questionnaire (SOQ) Committee Member Professional Service and Affiliations \uf0b7 2014-2015: 2015-2016: Dissertation Committee Member, University of La Verne \uf0b7 2008-2012 Awards Committee Member \uf0b7 2006-2011: Health Advisory Board-Benjamin Cummings \uf0b7 2005-2007: Grant Reviewer-Susan G. Komen \uf0b7 1993-present: Member, Society of Public Health Educators \uf0b7 Health Educator- Tobacco Use Prevention Program Health Care Agency, 1997-1998 \uf0b7 Senior Program Manager- American Cancer Society 1996-1997 \uf0b7 Health Educator- Camp Fire Boys and Girls 1996 \uf0b7 Volunteer Educator- Junior Achievement, 1993-1996 Department of Health Science 235 Jie Wu Weiss, Ph. D. Professor Phone: (657) 278-4388 Department of Health Science Fax: (657) 278-5317 California State University, Fullerton E-mail: [email protected] P.O. Box 6870, Fullerton 92834 Postdoctoral Fellow, University of Southern California \uf0b7 Ph. D., Clinical Health Psychology, California School of Professional Psychology, L.A. \uf0b7 M. A., Psychology, California State University, L. A. \uf0b7 M. A., American Contemporary Literature, Shandong University, China \uf0b7 B. A., European and American Literature, Shandong University, China Current Employment 06/2012-present Professor, Department of Health Science Previous Employment: 2009-5/2012 Associate Professor, Department of Health Science 2004-2009 Assistant Professor, Department of Health Science 2005-present Co-Director, Center for Promotion of Healthy lifestyle and Prevention of Obesity 2002-2004 Research Associate, Department of Preventive Medicine 1999-2002 Research Assistant, Department of Preventive Medicine 1998-1999 Research Assistant, California School of Professional Psychology, L.A. 1996-1998 Psychotherapist, Family Care Clinic, Pasadena 1990-1995 Associate professor, Shandong University, China AWARDS: 2013 Distinguished Faculty Marshal Award of College of 2011 Award for Outstanding Community Based Participatory Research Investigator, the Institute for Clinical and Translational Science, University of California, Irvine 2009 Faculty Scholar of College of (presented on 19th of August, 2010 Department of Health Science 236 2007 Outstanding Scholarly and Creative Activity Award 2006 Outstanding Service Award for External Communities $2,678,046 (2010-2015) National Cancer Institute Co-Principal Investigator on the project Pap Test Intervention to Enhance Decision Making among Women\u201d $450,000 (2011-2014) Maternal and Child Health Research Program, funded by Health Resources and Services Administration, U.S. Department of Health and Human Services (HRSA-11-070 Health Behaviors in Women and Families) Principal Investigator for the sub-award on the project \u201cWomen\u2019s Obesity Prevention and Reduction.\u201d $2,001,563 (2009-2013) Congressionally Directed Medical Research Programs Army Medical Research and Materiel Command Co-Principal Investigator on the project \u201cHome-Based Physical Activity Intervention in Individuals with Prader-Willi Syndrome.\u201d $190,000 (2009-2012) Center for Disease Control and Prevention Co-Principal Investigator on the project \u201cAn interdisciplinary approach addressing obesity: from infancy through adulthood.\u201d $280,343 (2011-2013) United States Department of Agriculture Co-Investigator and Consultant on the project: \u201cChildhood Obesity and Nutrition Curriculum for a Changing Population\u201d $1,001,000 (2008-2011) Congressionally Directed Medical Research Programs Army Medical Research and Materiel Command Co-Investigator on the project \u201cNutritional and Exercise Aspects of Prader-Willi Syndrome and Childhood Obesity.\u201d $573,187 (2008-2011) Center for Disease Control and Prevention Co- Principal Investigator on the project \u201cAn interdisciplinary approach addressing obesity: from infancy through adulthood.\u201d $275,000 (2005-2010) National Institute on Drug Abuse Principal Investigator on the project, \u201cPredicting smoking and alcohol initiation\u201d $386,000 (2005-2007) Center for Disease Control and Prevention Co- Principal Investigator on the project \u201cAn interdisciplinary approach to prevent childhood obesity Department of Health Science 237 $60,000 (2000-2002) Tobacco-Related Disease Research Program, University of California, Office of the President Principal Investigator on the project, \u201cSmoking in Asian youth: Effect of self-image and family functioning.\u201d $5,000 (2007-2008) Special Fund for Research, Scholarship, and Creative Activity Principal Investigator on the project, \u201cMothers\u2019 Feeding Decision Making in Prevention of Childhood Obesity\u201d $5,000 (2004-2005) Special Fund for Research, Scholarship, and Creative Activity Principal Investigator on the project, \u201cAdolescents' expectancies regarding ecstasy use\u201d $277,500 (2011-2014) United States Department of Agriculture. Consultant on the project: \u201cIncreasing Workforce Diversity: Training Hispanic Students to Address Childhood Obesity\u201d $500 (2005) International Research Travel Award Supported by the Faculty Development Center, California State University, Fullerton for an international conference presentation $500 (2004) Research Travel Award Supported by the Faculty Development Center, California State University, Fullerton for a national conference presentation 540 Advanced Study in Health Promotion and Disease Prevention 535 Program Planning and Evaluation 525 Complementary and Alternative Medicine 440 Determinants of Health Behavior 325 Consumer Health 101 Personal Health Peer-Reviewed Journal Publications, Books, and Book Chapters: 1. Cheng, C. E., Weiss, J. W., & Siegel, J. (2015). Personality traits and health behaviors as predictors of subjective wellbeing among a multiethnic sample of university attending emerging young adults. International Journal of Wellbeing, 5(3), 21-43. 2. Tanjasiri SP, Weiss JW, Sablan-Santos L, Lacsamana JD, Quitugua L, Flores P, Flores, P, Pele C, Tupua M, Taito P, Lutu G, Vaikona E, Vunileva I, May VT, Mouttapa M, Paige C. (in press). CBPR-Informed Adaptations in a Randomized Study of Pap Testing among Pacific Islander Women in Southern California. Progress in Community Health Partnerships Department of Health Science 238 3. Rubin, D.A., Wilson, K.S., Wiersma, L.D., Weiss, J.W., and Rose, D.J. (2014). Rationale and design of active play @ home: a parent-led physical activity program for children with and without disability Pediatrics, 2-11. 4. Weiss, D. J. & Weiss, J. W. (2014). Inferring cognition from action. Behavioral and Brain Sciences, v. 37, issue 04, pp. 380. 5. Harrison, C., Hoonpongsimanont, W., Anderson, C., Roumani, S., Weiss, J. W., Chakravarthy, B., Lotfipour, S. (2014). Readiness to Change and Reasons for Intended Reduction of Alcohol Consumption in Emergency Department versus Trauma Population. Western Journal of Emergency Medicine, 44(4), 861-6. doi: 10.1016/j.jemermed.2012.09.038. 6. Lotfipour, S., Cisneros, V., Anderson, C. L., Roumani, S., Wirachin Hoonpongsimanont, W., Weiss, J. W., Chakravarthy, B., Dykzeul, B., and Vaca, F. (2013). Assessment of Alcohol Use Patterns among Spanish-Speaking Patients. Substance Abuse, 34(2):155-61. doi: 10.1080/08897077.2012.728990. 7. Lotfipour, S. Howard, J., Roumani, S., Hoonpongsimanont, W., Chakravarthy, B., Anderson, C. L., Weiss, J., Cisneros, V., and Dykzeul, B. (2013). Increased Detection of Alcohol Consumption and At-risk Drinking with Computerized Alcohol Screening. Journal of Emergency Medicine, 44(4), 861\u2013866. doi:10.1016/j.jemermed.2012.09.038. 8. Weiss, J. W., & Weiss, D. J. (2012). Irrational \u2013 at the moment. Synthese, 189, 173-183. 9. Hanlon, A. S., Weiss, J. W., McMahan, S., and Cheng, E. (2012). Using the Multi-Attribute Utility Model to Better Understand Fruit and Vegetable Intake among College Students. Californian Journal of Health Promotion, 10, 40-56. 10. Rubin, D. A., Mouttapa, M., Weiss, J. W., and Barrera-Ng, A. (2012). Physical Activity in Children with Prader-Willi Syndrome Parents\u2019 Perspective. Californian Journal of Health Promotion, 10, 57-66. 11. Weiss, J. W., Mouttapa, M., Nacpil, L. M., Rubin, D., and Gedissman, A. (2012). Evaluation of the effectiveness of an obesity intervention program for Latino youth. Journal of Behavioral Health. 12. Weiss, J. W., Merrill, V., & Akagha, K. (2011). Substance Use and its Relationship to Family Functioning and Self-Image in Adolescents. Journal of Drug Education, 41(1), 79-97. 13. Weiss, J. W., Mouttapa, M., Cen, S., Johnson, C. A., & Unger, J. B. (2011). Longitudinal effects of hostility, depression, and bullying on adolescent smoking initiation. Journal of Adolescent Health, 48 (6), 591-596. 14. Mouttapa, M., Robertson, T. P., McEligot, A. J., Weiss, J. W., Hoolihan, L., Ora, Ann., Trinh, L. (2011). The Personal Nutrition Planner: An Evaluation of a 5-Week Computer-Tailored Intervention for Women. Journal of Nutrition Education and Behavior, 43, 165-172. 15. Theresa Kengen, Dana Rutledge, Michele Mouttapa, Jie Weiss, Jordan Aquino (2011). Strategies Used for Managing Symptoms by Women with Fibromyalgia. Journal of Clinical Nursing, 20, 301-311 Department of Health Science 239 16. Weiss, J. W., Weiss, D., & Edwards, W. (2010 Descriptive Multi-Attribute Utility Model for Everyday Decisions. Theory and Decision, 68,101\u2013114. 17. Weiss, J. W., Rubin, D., & Gomel, J. N. (2010). Physical activity among newly immigrated Latino adults. Californian Journal of Health Promotion, 7, 112-119. 18. Cheever, A., & Weiss, J. W. (2010). Adolescent alcohol dinking pattern: an assessment of demographics and personality characteristics. Californian Journal of Health Promotion, 7, 86-98. 19. Mouttapa, M., Watson, D. W., McCuller, J., Sussman, S., Weiss, J. W., Reiber, C., Lewis, D., & Tsai, W. (2010). I\u2019m Mad and I\u2019m Bad: Links between Self-Identification as a Gangster, Symptoms of Anger, and Alcohol Use among Minority Adolescent Detainees. Youth Violence and Juvenile Justice, 8, 71-82. 20. Barbara J. Cherry, Jie Weiss, Brandon K. Barakat, Dana N. Rutledge, & C. Jessie Jones. (2009). Physical Performance as a Predictor of Cognitive Function in Fibromyalgia Physical Performance as a Predictor of Cognitive Function in Fibromyalgia. Archives of Physical Medicine and Rehabilitation, 90, 2066-2073. 21. Akagha, K. & Weiss J. W. (Nov., 2009). First Puff: Modeling the adolescent decision making process for smoking initiation Verlag Dr. M\u00fcller Aktiengesellschaft & Co. KG, Dudweiler Landstr. 125 a, 66123 Saarbr\u00fccken, Germany. 22. Hermann, M. & Weiss J. W. (2009). Ecstasy Use among Adolescents Verlag Dr. M\u00fcller Aktiengesellschaft & Co. KG, Dudweiler Landstr. 125 a, 66123 Saarbr\u00fccken, Germany. 23. Weiss, J. W., & Weiss, D. J. (Eds.) (2009 science of decision making: the legacy of Ward Edwards. New York: Oxford University Press. 24. Altamirano, W., Weiss J. W., Gomel, J., & McMahan, S. (2009). Feeding pre-school age children; a mother's decision making study Verlag Dr. M\u00fcller Aktiengesellschaft & Co. KG, Dudweiler Landstr. 125 a, 66123 Saarbr\u00fccken, Germany. 25. Weiss, J. W., & Edwards, W., Mouttapa, M. (2009). The puzzle of adolescent substance initiation. In J. W. Weiss & D. J. Weiss (Eds science of decision making: the legacy of Ward Edwards. New York: Oxford University Press. 26. Weiss, J. W., Weiss, D. J., & Edwards, W. (2009). Big decisions, little decisions: The hierarchy of everyday life. In J. W. Weiss & D. J. Weiss (Eds science of decision making: the legacy of Ward Edwards. New York: Oxford University Press. 27. Weiss, D. J., Edwards, W., & Weiss, J. W. (2009). Why is a bird in the hand worth two in the bush? In J. W. Weiss & D. J. Weiss (Eds science of decision making: the legacy of Ward Edwards. New York: Oxford University Press. 28. Weiss, J. W., Edwards, W., & Weiss, D. J. (2009). The clinical significance decision. In J. W. Weiss & D. J. Weiss (Eds science of decision making: the legacy of Ward Edwards. New York: Oxford University Press Department of Health Science 240 29. Mouttapa, M., Weiss, J. W., & Hermann, M. (2009). Is image everything? The role of self-image in the relationship between family functioning and substance use among Hispanic adolescents. Substance Use and Misuse, 44, 702-721. 30. Ora, A. G., Mouttapa, M., Weiss, J.W., & Weissmuller, P. (2008). Food Security and Homelessness in the City of Anaheim. Californian Journal of Health Promotion, 6, 156-172. 31. Weiss, J. W., Palmer, P. H., Chou, C.-P., Mouttapa, M., Johnson, C. A., & the China Seven City Study Group. (2008). Association between psychological factors and adolescent smoking in Seven Cities, China. International Journal of Behavioral Medicine, 15, 149-156. 32. Moczulski, V., McMahan, S., Weiss, J., Beam, W., & Chandler, L. (2007). Commuting behavior, built environment, and obesity risk among college students. American Journal of Health Studies, 22, 26-32. 33. Weiss, J. W., Merrill, V., & Gritz, E. R. (2007). Ethnic variation in the association between weight concern and adolescent smoking. Addictive Behaviors, 32, 2311-2316. 34. Chen, X. G. & Weiss, J. W. (2007). Enrichment in pre-kindergarten life predicts initiation of cigarette smoking in Asian American and Latino American adolescents. Journal of Child and Family Studies, 16, 498-507. 35. Chen, X. G. & Weiss, J. W. (2007). Enrichment in early childhood, self-concept and cigarette smoking among adolescent minorities in California mediation model effect analysis. In R. S. Grenell (Ed.) Adolescent behavior research studies. Hauppauge, NY: Nova Science Publishers, Inc. 36. Weiss, J. W., Garbanati, J. A., Tanjasiri, S. P., & Palmer, P. H. (2006). Effects of family functioning and self-image on adolescent smoking initiation among Asian American subgroups. Journal of Adolescent Health, 39, 221-228. 37. Weiss, J. W., Cen, S., Unger, J. B., Johnson, C. A., & Cruz, T. B. (2006). Longitudinal effects of pro-tobacco and anti-tobacco messages on adolescent smoking susceptibility. Nicotine and Tobacco Research, 8, 455-465. 38. Weiss, J. W., Liu, I. P., Sussman, S., Unger, J., Cen, S., Chou, C.-P., & Johnson, C. A. (2006). After-school supervision, psychosocial impact, and adolescent smoking and alcohol use in China. Journal of Child and Family Studies, 15, 442-459. 39. Weiss, J. W., & Garbanati, J. A. (2006). Effects of acculturation and social norms on adolescent smoking among Asian-Americans. Journal of Ethnicity in Substance Abuse, 5, 75-90. 40. Weiss, J. W., Spruijt-Metz, D., Palmer, P.H., Chou, C-P., Johnson, C. A., & the China Seven Cities Study Research Team (2006). Smoking among adolescents in China: An analysis based upon the Meaning of Smoking Theory. American Journal of Health Promotion, 20, 171-178. 41. Weiss, J. W., Mouttapa, M., Chou, C-P., Nezami, E., Johnson, C. A., Palmer, P. H., & Unger, J. B. (2005). Hostility, depressive symptoms, and smoking in early adolescence. Journal of Adolescence, 28, 49-62 Department of Health Science 241 42. Unger, J. B., Trinidad, D., Weiss, J. W. (2004). Acculturation as a risk factor for smoking among Asian American adolescents: Is the association confounded by nationality? Journal of Ethnicity in Substance Abuse, 3, 65-79. 43. Weiss, J. W., & Garbanati, J. A. (2004). Relationship of acculturation and family functioning to smoking attitudes and behaviors among Asian-American adolescents. Journal of Child and Family Studies, 13, 193-204. 44. Cachelin, F., Weiss, J. W., & Garbanati, J. A. (2003). Dieting and its relationship to smoking, acculturation, and family environment in Asian and Hispanic adolescents. Eating Disorders, 11, 51-61. 45. Weiss, J. W., & Weiss, D. J. (2002). Recruiting Asian-American adolescents. Journal of Child and Family Studies, 11, 143-149. Published editorials in a scientific journal: 1. Weiss, J.W. (Sept., 2008). Opting In or Opting Out. Editorial. Californian Journal of Health Promotion, 6 (1), vi. 2. Weiss, J.W. (Dec., 2008). The Myth of Reality. Editorial. Californian Journal of Health Promotion, 6 (2), vii. 3. Weiss, J.W. (April, 2009 Tale of Two Seats. Editorial. Californian Journal of Health Promotion, 7 (1), vii. 4. Weiss, J.W. (Aug., 2009). Would have funded Darwin? Editorial. Californian Journal of Health Promotion, 7 (2), vii. Professional Presentations and Published Abstract (Peer-Reviewed): 1. Jie W. Weiss, Cheng, C.H.E., Gedissman, A., Severiano Sanchez, MPH, Michael Baker, BA, Ann Cho, BA, Marlene Mateo, BA, Alma Salazar and the research team (April, 2915). Obesity Prevention and Reduction Among Latinas. Poster presentation at the 36th Annual Conference on Society of Behavioral Medicine, San Antonio, Taxas. 2. Jasmine DeGuzman Lacsamana, MPH1, Ualani Hoopai2, Sora Park Tanjasiri, DrPH1, Michele Mouttapa, PhD1, Jie W. Weiss, PhD3, Lola Sablan-Santos4, Lourdes Quitugua5, Preciosa Flores5, Peter Flores5, Isileli Vunileva6, Vanessa Tui`one May7, Dorothy Vaivao, BA8 and Marina Tupua9. (October 31 - November 4, 2015). Supporting Our Women - Pacific Islander Women's Pap Testing Project. Submitted for the Global Public Health Film Festival program of the 143rd Annual Meeting and Exposition to be held in Chicago, IL. 3. Sora Park Tanjasiri, Lola Santos, Jie Weiss, Michele Mouttapa, Jasmine DeGuzman Lacsamana, Lou Quitugua, Isileli Vunileva, Vanessa Tui\u2019one May, Perci Flores, Peter Flores, Dorothy Vaivao, Marina Tupua, Jennifer Xiong, Ualani Ho\u2019opai, Mohammed Aftab (November, 2015). Results from a Culturally-Tailored Health Intervention for Pacific Islanders. Poster presentation Department of Health Science 242 at the Public Health Education and Health Promotion program of the 143rd Annual Meeting and Exposition, Chicago, IL. 4. Weiss, J. W., Mouttapa, M., DeGuzman Lacsamana, J., Quitigua, L., Sablan-Santos, L., and Tanjasiri, S. P. (January 2014). Decision making for Pap testing among Pacific Islander women. Poster presentation at the Society for Medical Decision Making, Asia-Pacific Conference, the Informing Health Care Decision-Making with Evidence. Singapore. 5. Tanjasiri, S.P., Weiss, J.W., Mouttapa, M., Santos, L.S., DeGuzman Lacsamana, J., Quitugua, L., Vaivao, D., May, V.T. (November 2013). Role of Social Support in Pap Test Decision Making among Pacific Islander Women. Poster presentation given at the American Association for Cancer Research Annual Meeting, Washington, D.C. 6. DeGuzman Lamansca, J., Quituqua, L., Santos, L., Chavarria, A., Flores, P., Foo, M.A., Lutu, G., May, T.V., Mouttapa, M., Paige, C., Pele, C., Taito, P., Tupua, M., Vaikona, E.M., Vaivao, D., Vunilneva, I., Weiss, J.W., & Tanjasiri, S.P. (November 2013). The Process of Recruitment and Retention in the Pacific Islander Groups in Southern California. Poster presentation given at the American Public Health Association Conference, Boston, MA. 7. Rubin, D.A., Wilson, K.S., and Weiss, J.W. (March 2013). Physical Activity and Quality of Life in Children sith Prader-Willi Syndrome. Poster Presentation at the 34th Annual Meeting & Scientific Sessions of the Society of Behavioral Medicine in San Francisco, CA. 8. Wilson, K.S., Rubin, D.A., and Weiss, J.W. (March 2013). Parent and Youth Self-Efficacy for Physical Activity in Youth With and Without Prader-Willi Syndrome. Poster Presentation at the 34th Annual Meeting & Scientific Sessions of the Society of Behavioral Medicine in San Francisco, CA. 9. Harrison, C. Hoonpongsimanont, W., Anderson, C. L., Roumani, S. Weiss, J.W., Chakravarthy, B., Lotfipour, S. (March, 2013). Readiness to Change and Reasons for Intended Reduction of Alcohol Consumption in Emergency Department vs. Trauma Population. Poster presentation at the Western conference, Long Beach, CA. 10. Rubin, D.A., Rose, D.J., Wilson, K.S., Wiersma, L., Weiss, J. W. (2013). Active Play At Home Parent-led Physical Activity Program for Children With And Without Disability. Poster Presentation at the National Strategic Summit: Roadmap for Physical Activity, Lifestyle, and Comparative Effectiveness Research in Phoenix, AZ. 11. Gedissman, A., Weiss, J.W., Mouttapa, M. (Nov. 2012). An Obesity Intervention Program for Latino Youth: Addressing obesity among Latino youth in a pediatrician\u2019s office. Oral presentation at the 16th Congreso Latino Americano de Pediatr\u00eda \u2013 Cartagena de Indias. 12. Mouttapa, M., Tanjasiri, S., Sablan-Santos, L., Weiss, J.W., Quitugua, L., Flores, P., Flores, P., Foo, M.A., DeGuzman, J.L., Lin, A., Lutu, G., Vaivao, D., Tuliau, L., Tupua, M., Taito, P., Vaikona, E.M., Vunileva, I., Tui`one, V. (September 2012). Do men\u2019s social support influence Pacific Islander Women\u2019s Pap Testing Decision Making? Poster presentation given at the Native Hawaiian and Pacific Islander Health Disparity and Health Equity Conference, Los Angeles, CA. 13. Mouttapa, M., Tanjasiri, S., Weiss, J. W., et al. (Nov. 2012). Do you perceive what perceive? The association between men\u2019s perceived provision of social support and their female partner\u2019s Department of Health Science 243 perception of support regarding Pap screening, in Pacific Islander communities. Talk was given at the American Public Health Association Conference, San Francisco, California. 14. Dandridge, L.M., Lin, A., Lacsamana, J.D., Flores, P., Flores, P., Lutu, G., Vaivao, D., Tuliau, L., Tupua, M., Taito, P., Vaikona, E.M., Vunileva, I., Tui`one, V., Chavarria, A., Foo, M.A., Sablan-Santos, L., Quitugua, L., Weiss, J.W., Mouttapa, M., Tanjasiri, S.P. (November 2012). Influence of Knowledge and Attitude Towards Intention on Pap Testing Among Pacific Islander Women. Oral presentation given at Southern California Conference for Undergraduate Research, Camarillo, CA. 15. Quitugua, L., Flores, P., Flores, P., Lutu, G., Vaivao, D., Tuliau, L., Tupua, M., Taito, P., Vaikona, E.M., Vunileva, I., Tui`one, V., Chavarria, A., Dandridge, L.M., Lin, A., Lacsamana, J.D., Foo, M.A., Sablan-Santos, L., Weiss, J.W., Mouttapa, M., Tanjasiri, S.P. (May 2012). Promoting Social Support for Pap Testing among Pacific Islanders. Oral presentation given at Cancer, Culture & Literacy Conference in Clearwater, FL. 16. Weiss, J.W. (May 2012). Why people don\u2019t always do what they know is best for them: food safety and health. Invited presentation at the Taipei Medical University, Taiwan. 17. Weiss, J.W, Cheng, C.H.E., and McMahan, S. (April 28, 2011). Lifestyle Choices: Multi- Attribute Utility Model for Alcohol and Food Choices. Paper presentation at the 91st annual convention of the Western Psychological Association, Los Angeles, US. 18. Cheng, C.H.E., Weiss, J.W, McMahan, S. Crecelius, E., Quiroz, J., Gonzales, S. (April 28, 2011). Lifestyle Choices of Young Adults and Impact on Health and Quality of Life. Paper presentation at the 91st annual convention of the Western Psychological Association, Los Angeles, US. 19. Barrera-Ng, A., Rubin, D., Mouttapa, M., & Weiss, J. (June, 2011). Participation, Preferences, Perceived Barriers and Perceived Benefits of Physical Activity in Individuals with Prader-Willi Syndrome Parent\u2019s Perspective. Poster presented at the 6th Biennial Childhood Obesity Conference, San Diego, CA. 20. Shari McMahan, Belinda Prado, Michele Mouttapa, Jie Weiss (June, 2011). \u201cUn Regalo Para El Bebe telenovela to increase breastfeeding in Latino women. Poster presented at the 6th Biennial Childhood Obesity Conference, San Diego, CA. 21. Weiss, J.W. (July, 2010 Descriptive Model for Lifestyle Decisions. Paper presented at the 27th International Congress of Applied Psychology, Melbourne, Australia. 22. Weiss, J.W. (July, 2010). Application of Model in cancer prevention. Invited presentation at the Victoria Cancer Council, Melbourne, Australia. 23. Weiss, J.W. (July, 2010 Descriptive Model for Lifestyle Decisions. Invited presentation at the Center for the Study of Choice, University of Technology Sydney, Australia. 24. Weiss, J.W. (July, 2010). Application of Model in everyday life. Invited presentation at the University of Auckland, New Zealand. 25. Jie Wu Weiss, PhD, Chia-Hsin Emily Cheng, MA, Shari McMahan, PhD, Anna Stiles Hanlon, MS, Angela Lin, BA, Melissa C. DeHate and Linda Nguyen. (April, 2010). Lifestyle Department of Health Science 244 Choices: Multi-Attribute Utility Model for Alcohol and Food Choices. Paper presentation at the 90th annual convention of the Western Psychological Association, Cancun, Mexico. 26. Emily Cheng, MA, Jie Wu Weiss, PhD, Jose Quiroz, Melissa Cai, Ashley Watson & Aruni Kirtipal. (April, 2010). Determinants of Healthy, Snacking, and Fast Food Dietary Patterns of College Students Multi-Attribute Utility Model. Poster presentation at the 90th annual convention of the Western Psychological Association, Cancun, Mexico. 27. Melissa DeHate, Jie Wu Weiss, PhD, Emily Cheng, MA, Rachel Kiken, Tamara Fellows, Jacqueline Anderson, and Jose Serrano. (April, 2010). Does Affect and Choice of Major Influence Alcohol Consumption, BMI, and Body Image Among College Students? Poster presentation at the 90th annual convention of the Western Psychological Association, Cancun, Mexico. 28. Jones, C. J., Rutledge, D. N., Aquino, J. K.*, Zettel-Watson, L., Cantero, P., Espinoza, A., Leal, F., Prado, B., Valencia, C., Weiss, J. W. (September, 2010). Typology of chronic pain among overweight Mexican Americans. American Academy of Pain Management, Las Vegas. 29. Nacpil, L. Jie Wu Weiss, PhD (2010, April). The Biopsychosocial Factors Associated with Overweight and Obesity among Latino Children and Youth. Poster session presented at the 2010 Annual Conference of the Southern California Public Health Association, Garden Grove, CA. 30. Shari McMahan & Jie Wu Weiss, PhD, (2010, April). An Interdisciplinary Approach to Address Obesity: From Infancy through Adulthood. Poster session presented at the 2010 Annual Conference of the Southern California Public Health Association, Garden Grove, CA. 31. Weiss, J.W. (July, 2010 Descriptive Model for Lifestyle Decisions. Paper presented at the 27th International Congress of Applied Psychology, Melbourne, Australia. 32. Anna Stiles Hanlon, MS, Jie Wu Weiss, PhD, Angela Lin, BA, Melissa Belluz, BS, Emily Grubbs, BA, Melissa C. DeHate and Chia-Hsin Emily Cheng, MA. (November 7-11, 2009). To drink or not to drink: Decision making in alcohol use among college students. The 137th Annual Meeting, Philadelphia, PA. 33. Weiss, J.W. (July, 2009). Application of Model in drub prevention. Invited presentation at the University of Basel, Switzerland. 34. Weiss, J.W. (July, 2009 Descriptive Model for Everyday Decisions. Invited presentation at the University of Stirling, Scotland. 35. Angela Lin, Jie W. Weiss, PhD, Anna Stiles Hanlon, Chia-Hsin Emily Cheng, MA, Emily Grubbs and Melissa C. DeHate. (November 7-11, 2009). Decision making in food choices among college students. The 137th Annual Meeting, Philadelphia, PA. 36. Michele Mouttapa, PhD, Jie Wu Weiss, PhD, Archana J. McEligot, PhD, Trina Robertson, MS, RD, Linda Trinh and Ann Ora, MPH. (November 7-11, 2009). Dairy Council of California's Personal Nutrition Planner: Results of the Online Tool among Women. The 137th Annual Meeting, Philadelphia, PA. 37. Alberto Gedissman, MD, Jie Wu Weiss, PhD, Michele Mouttapa, PhD, Daniela Rubin, PhD, Lianne Nacpil, B.S., and Grace Tan, B.S. (March, 2009). Successful Integration of a Community Department of Health Science 245 Pediatric Obesity Prevention Program with FQHC\u2019s. Storyboard presentation at the 2010 Conference, Pediatric Obesity Congress, Atlanta, Georgia. 38. Alberto Gedissman, MD, Michele Mouttapa, PhD, Jie Wu Weiss, PhD, and Lianne Nacpil, B.A. (March, 2009 Pediatrician\u2019s Strategy for Obesity Prevention and Intervention in Latino Population: The Effect of Depressive Symptoms on Outcomes. National Initiative for Children Healthcare Quality. Grapevine, Texas. 39. Alberto Gedissman, MD, Michele Mouttapa, PhD, Jie Wu Weiss, PhD, and Lianne Nacpil, B.S. (Feb., 2009). Evaluation of effectiveness of an Obesity Intervention in Latino Children. American Academy of Pediatrics Future of Pediatrics: Quality Care for Children. Anaheim, CA. 40. Grubbs, E., DeHate, M., Cheng, E. C., Weiss, J. W., & Hanlon, A. S. (April, 2009). How dietary patterns and physical activity correspond with psychological wellness. Western Psychological Association 89th Annual Convention, Portland, OR. 41. DeHate, M., Grubbs, E., Weiss, J. W., Hanlon, A. S., & Cheng, E. C. (May, 2009). Dietary choices and physical activity of college students self-image mediation model. Association for Psychological Science 21st Annual Convention, San Francisco, CA. 42. Melissa Rose Belluz, Jie Weiss, PhD, Anna Stiles Hanlon, MS, Angela Lin, Emily Grubbs, Melissa DeHate, and Chia-Hsin Emily Cheng (May, 2009). Decision Making Process in Alcohol Use Among College Students. American College Health Association, San Francisco, CA. 43. Anna Stiles Hanlon, MS, Chia-Hsin Emily Cheng, Jie Weiss, Angela Lin, Emily Grubbs, and Melissa DeHate (May, 2009). Application of the Multi-attribute Utility Model to Explain College Students\u2019 Lifestyle Choices. American College Health Association, San Francisco, CA. 44. Anna Stiles Hanlon, MS, Jie Weiss, Angela Lin, Emily Grubbs, Melissa DeHate, and Chia-Hsin Emily Cheng. (May, 2009). Decision Making in Food Choices among College Students. American College Health Association, San Francisco, CA. 45. Cherry, B.J., Jones, C.J., Rutledge, D.N., Weiss, J.W., Barakat, B.K., ZettelWatson, L., Mouttapa, M., Just, N. & Aquino, J. (March, 2009). Physical and Cognitive Performance in Fibromyalgia and Normal Aging. 19th Annual Rotman Research Institute Conference. Cognitive Aging: Research and Practice. Toronto, Canada. 46. Weiss, J.W., & Mouttapa, M. (Nov. 2008). Decision Making Process in Alcohol Use among Youth. Paper presented at the 136th American Public Health Association annual conference. San Diego, CA. 47. Akagha, K., & Weiss, J.W., Mouttapa, M., & Merrill, V. (Nov. 2008). First puff multi- attribute utility model for predicting smoking initiation among adolescents. Paper presented at the 136th American Public Health Association annual conference. San Diego, CA. 48. Mouttapa, M., & Weiss, J.W. (Nov. 2008 Multi-Attribute Utility Model Approach towards Binge Drinking among University Students. Paper presented at the 136th American Public Health Association annual conference. San Diego Department of Health Science 246 49. Weiss, J.W., & Weiss, D. (July, 2008 Descriptive Multi-Attribute Utility Model for Everyday Decisions. Paper presented at the 13th International Conference on Foundation and Application of utility, Risk, and Decision Theory. Barcelona, Spain. 50. Weiss, J.W. (May, 2008). Is mothers' intention to feed children healthy food consistent with their daily feeding behaviors? Invited presentation at Nutrition and Physical Activity Collaborative Forum, Santa Ana, CA. 51. Mouttapa, M., & Weiss, J.W. (May, 2008). Invited presentation, How to conduct a community- based program evaluation at Power-Play-MD-OC, the Pediatric Weight Management Clinic, Orange County 52. Weiss, J. W., Merrill, V. (Nov., 2007). Relationship of family functioning and self-image to alcohol and marijuana use among adolescents. Paper presented at the 135th American Public Health Association annual conference. Washington D.C. 53. Weiss, J. W., Mouttapa, M. (Nov., 2007). Perceived Risk of Violence and Victimization: Another Piece of the Adolescent Smoking and Alcohol Use Puzzle. Paper presented at the 135th American Public Health Association annual conference. Washington D.C. 54. Weiss, J. W., Gomel, J., & Altamirano, W. (Aug., 2007). Mothers' decisions about food choices for their preschoolers. Paper presented in a symposium: Decisions about food and eating: New perspectives at the 21st Subjective Probability, Utility, and Decision Making Conference, Warsaw, Poland. 55. Weiss, J. W. (Feb., 2007). Expectancy of substance use among adolescents. Invited presentation at the Community Partnership Conference, University of California, Irvine, California. 56. Gomel, J., & Weiss, J. W. (Jan. 2007). Mothers\u2019 decision in food choices for their preschoolers. Poster presented at the California Childhood Obesity Conference, Anaheim, California. 57. Gomel, J., & Weiss, J. W. (Jan. 2007). Latino parents\u2019 perceptions of obesity risk for their children. Poster presented at the California Childhood Obesity Conference, Anaheim, California. 58. Weiss, J. W. (Jan, 2007). Sorry Simon utility model of lifestyle decisions. Invited talk at the Department of Psychology Colloquium Series, Carleton University, Ottawa, Canada. 59. Weiss, J. W. (Jan., 2007). Why Smoking is Worthwhile After All? Paper presented at the 45th Annual Bayesian Research Conference, Fullerton, California. 60. Weiss, J. W., Merrill, V., Soltanmorad, K. (Nov., 2006). Association between weight concerns and smoking initiation among adolescents. Paper presented at the 134th American Public Health Association annual conference. Boston, MA. 61. Weiss, J. W. (July, 2006). The puzzle of adolescent substance initiation. Paper presented in an invited symposium at the 26th International Congress of Applied Psychology, Athens, Greece. 62. Weiss, J. W. (April, 2006). Decision making in lifestyle choices. Paper presented at the Conference, Oklahoma City Department of Health Science 247 63. Weiss, J. W., Weiss, D. J., & Edwards, W. (Jan., 2006). Sex, drugs, and gluttony: Everyday options. Paper presented at the 44th Annual Bayesian Research Conference, Fullerton, California 64. Weiss, J. W., Weiss, D. J., & Edwards, W. (Nov., 2005). Big decisions, little decisions: The Hierarchy of Everyday Life. Paper presented at the 26th Annual Judgment/Decision Making Conference, Toronto, Canada. 65. Weiss, J. W. (Oct. 2005). Ideas, passion, and getting grants. Invited talk at NIDA\u2019s Health Disparity Conference, Atlanta, Georgia. 66. Weiss, J. W., & Edwards, W. (August, 2005). The puzzle of adolescent substance initiation. Paper presented at the 20th Research Conference on Subjective Probability, Utility, and Decision Making (SPUDM), Stockholm, Sweden. 67. Weiss, D. J., Edwards, W. & Weiss, J. W. (August, 2005). Bird in the hand. Paper presented at the 20th Research Conference on Subjective Probability, Utility, and Decision Making (SPUDM), Stockholm, Sweden. 68. Weiss, J. W., Xinguang Chen (May, 2005). Enrichment in early childhood experience reduces risk for smoking initiation in adolescence. Paper presented at the 17th Annual Conference of the American Psychological Association, Los Angeles. 69. Weiss, D. J., Edwards, W., Weiss, J. W. (January, 2005). When is the bird in the hand worth more? Paper presented at the 43rd Annual Bayesian Research Conference, Fullerton, California. 70. Weiss, J. W., Weiss, D. J., & Edwards, W. (November, 2004). Clinical significance critical decision for evidence-based medicine. Poster presented at the 25th Annual Judgment/Decision Making Conference, Minneapolis. 71. Weiss, J. W., Johnson, C. A., Baezconde-Garbanati, L., Palmer, P., Cen, S., Spruijt-Metz, D., Chou, C.-P., & the China Seven City Study Group. (August, 2004). Decision making in smoking initiation: Comparisons between Chinese and American adolescents. Paper presented at the 28th International Congress of Psychology, Beijing, China. 72. Weiss, J. W., Palmer, P. H., Chou, C-P., Unger, J. B., Gallaher, P., Sun, P., Johnson, C. A., & the China Seven City Study Group (August, 2004). Psychosocial and cultural determinants for adolescents smoking: Comparisons between Chinese and Asian-American adolescents. Paper presented at the 17th Congress of the International Association for Cross-Cultural Psychology, Xi\u2019an, China. 73. Weiss, J. W. (2004, January). Decision making in smoking initiation. Paper presented at the Bayesian Research Conference, Fullerton, CA. 74. Weiss, J. W., & Weiss, D. J. (2003, November). Why do adolescents start to smoke? Comparing Chinese and American adolescents. Paper presented at the Annual Meeting of Society for Judgment and Decision Making, Vancouver. 75. Weiss, J. W. (2003, October). Psychosocial risk factors for adolescent smoking. Paper presented at the Fourth Annual Asian-American Cancer Control Academy, Asian-American Network for Cancer Awareness, Research and Training, Los Angeles Department of Health Science 248 76. Weiss, J. W. (2003, October). Adolescent\u2019s motivation for smoking and other drug use. Paper presented at Weaving Our Message: United Against Tobacco Abuse Conference, Los Angeles, CA. 77. Weiss, J. W., Palmer, P. H., Garbanati, J. A., Xie, B., Unger, J. B., & Johnson, C. A. (2003, August). Why do smoke? Let me count the ways. Paper presented at the 2003 World Conference on Health or Tobacco, Helsinki, Finland. 78. Weiss, J. W. (2003, April). Relationship between smoking and self-image, family functioning, and acculturation among Asian-American youth. Paper presented at Asian-American and Pacific Islander Youth Research Advisory Meeting, Los Angeles 79. Weiss, J. W., Palmer, P. H., & Johnson, CA. (2003, June). Predictors of adolescent smoking. Paper presented at the Hawaii International Conference on Social Sciences, Honolulu. 80. Weiss, J. W., Palmer, P. H., Xie, B., Shakib, S., Cen, S., Garbanati, J. A., & Johnson, C. A. (2002, December). Do girls and boys smoke for the same reasons? Poster session presented at the 7th Annual Investigator Meeting of the California Tobacco-Related Disease Research Program, San Jose, CA. 81. Weiss, J. W., Garbanati, J. A., Palmer, P. H., & Chen, X. (2002, November). Variation in adolescent smoking among Asian subgroups: Effects of family, acculturation, and self-image. Paper presented at the 2002 National Conference on Tobacco or Health, San Francisco 83. Weiss, J. W. (2001, December). Self-image, acculturation, and family functioning: Why Asian- American adolescents smoke. Poster session presented at the 6th Annual Investigator Meeting of the California Tobacco-Related Disease Research Program, Los Angeles, CA. 84. Weiss, J. W. (2001, March). Cultural factors in smoking initiation. Paper presented at the annual meeting of the California Psychological Association, Costa Mesa 85. Weiss, J. W. (2000, December). Smoking in Asian youth: Effects of self-image and family functioning. Poster session presented at the 5th Annual Investigator Meeting of the California Tobacco-Related Disease Research Program, San Diego 86. Garbanati, L. B., Palmer, P. H., Johnson, C. A., Weiss, J. W., Unger, J. B., et al. (2000, December). Maximizing school, community, and parental participation in a school-based tobacco research program. Poster presented at the 5th Annual Investigator Meeting of the California Tobacco-Related Disease Research Program, San Diego 87. Palmer, P. H., Anderson, C. A, Unger, J. B., Weiss, J. W., et al. (2000, August). The use of ethnography as part of a transdisciplinary approach to investigate influences on smoking behavior in adolescents from Wuhan, China and Chinese immigrants in California. Paper presented at the 11th World Conference on Tobacco or Health, Chicago, IL. 88. Weiss, J. W. (1999, October). Relationship of acculturation and family functioning to smoking attitudes and behaviors among Asian-American adolescents. Paper presented at the 11th Annual Convention of the Los Angeles Psychological Association, Los Angeles, CA. Manuscripts under Peer Review Department of Health Science 249 1. Weiss, J. W., & Mouttapa, M. (2012). Utility of alcohol use among youth. Manuscript submitted to Journal of Drug Education (under peer review). 2. Weiss, J. W., Mouttapa, M. and Rubin, D. Parental role in physical activity among children with Prader Willi Syndrome. Manuscript submitted to Medicine and Science in Sport and Exercise. 3. Weiss, J. W., Altamirano, W., McMahan, S., McEligot, A., Li, J. T., and Jessica Gomel Mothers\u2019 decision making process in feeding their children (2012). Submitted to Public Health Nutrition (under review). 4. Emily Cheng, M.A. and Jie W. Weiss, Ph.D. (2012). Young Adult\u2019s Lifestyle Health Behaviors and Subjective Well-Being: Affect, Overall Health, and Quality of Life. Manuscript Submitted to American Journal of Preventative Medicine (under review). 5. Jie W. Weiss, Melina H. Yepiz, Michele Mouttapa, Shari McMahan, and Alberto Gedissman. Association between obesity physiological factors, physical activity and sedentary lifestyles among Latino children and youth (under revision). Manuscripts in Working Progress 1. Melissa R. Belluz, Jie W. Weiss, Shari McMahan, and Emily Cheng. (2012). Decision making for alcohol use in college students. 2. Jie Weiss, Kathy Akagha, David Weiss, and Michele Mouttapa. (2012). Decision Making forCigarette Smoking Initiation among Adolescents Grant Proposal Submission and Grant Proposal in Preparation: 1. \u201cLa Vida Saludable \u2013 Healthy Living in Santa Ana\u201d, submitted to on April 12, 2010 (Under review Affordable Care Act: Childhood Obesity Research Demonstration collaborative work with AltaMed Medical Services. Role: Co-principal investigator. 2 Affordable Care Act: Community Transformation Grants collaborative work with AltaMed Medical Services and many other community professionals. Role: Co-principal 3. \u201cFrom Virtual Reality Technologies to Health Practice\u201d, to be submitted to National Institute of Health on Feb. 5th, 2012 collaborative work with faculty from the Computer Science dept at CSUF, research at UCI, and AltaMed Medical Services. Role: Principal Investigator. Community Involvement, Program Evaluation and Consultancy: 1. Computerized Alcohol Screening and Intervention (CASI) Program 6/2007 - 9/2010 This project is a collaborative effort between University of California, Irvine and California State University, Fullerton. The goal of this project is to implement and evaluate the effectiveness of a Computerized Alcohol Screening and Intervention developed by the Emergency Department at in the Student Health and Counseling Center at Department of Health Science 250 Role: Program Evaluator 2. The efficacy of Computerized Alcohol Screening and Intervention (CASI) in at-risk Emergency Department and Trauma Patients 2010 \u2013 Present This study is to examine the effectiveness of computerized alcohol screening and brief intervention in the Medical Center Emergency Department (ED) and Trauma patients. This project is conducted in the Institute for Clinical and Translational Science at funded by National Institute of Health Role: Mentor 3. PowerPlay for children weight management 9/2007-present The purpose of the project is to evaluate and provide evidence based information on the effectiveness of a pediatric obesity intervention program among Latino youth. In addition, we examined the association between programmatic outcomes and psychosocial factors. Role: Project Director and Program Evaluator 4. Nutrition, Physical Activity Collaborative (NuPAC) Mini Grants Fall, 2006 We assisted the Nutrition and Physical Activity Collaborative of the Orange County Health Care Agency in developing 5 mini grant evaluation packages. Each package included 1) goal and objectives of the program, 2) program methods, theoretical framework and measurements, 3) program activities and implementation strategies, 4) estimated budget, and 5 maps of the targeted community. We had graduate-level Program Planning and Evaluation students involved in these evaluation packages. Role: Consultant 5. Proposition 10 Commission, Orange County 7/2008 \u2013 6/2011 Commission of Children and Families The objectives of this program are to assess overall health, happiness, and parents\u2019 attitudes towards feeding their family among low population; and to evaluate the effectiveness of the program in regards to children\u2019s weight management. Role: Program Evaluator 6. Dairy Council of California 6/2007-9/2009 This organization developed an online nutrition intervention called the Personal Nutrition Planner. The project goals included: 1) conceptualization of the intervention, 2) survey measurement selection, 3) study design, and 4) final report on the effectiveness of the program Role: Consultant 7. Active Living in Santa Ana (ALISA) 6/2005-9/2009 \u201cActive Living In Santa Ana Partnership for Healthier Living\u201d is a community-based physical activity project funded by the Robert Wood Johnson Foundation. The goal of our study was to conduct a needs assessment and to evaluate the effectiveness of this physical activity and obesity prevention among under- served population in Orange County communities. Role: Program Evaluator 8. Research and Evaluation Committee, NuPAC 2005-Present The Center of Healthy Lifestyles and Childhood Obesity Prevention at California State University, Fullerton (CSUF) has collaborated with NuPAC for obesity prevention efforts has provided support and consultation services to assist in the completion of multiple community- and school-based Department of Health Science 251 research projects. Faculty members from the Health Science Department worked with NuPAC to provided services for multiple program evaluation projects. These evaluation projects included five mini grant evaluation packages (such as: 1 Marathon for Kids, 2) Follow the Leader, 3) Better eating for Korean-Americans, 4) Point Project), and 5) Communities of Excellence (CX3). Role: Chair of the Research and Evaluation Committee 9. Drug prevention, teenager pregnancy, and domestic violence project 2000-2001 Plaza Community Center, East Los Angeles Working on the \u201cLatino Community-based drug prevention, teenager pregnancy, and domestic violence research project\u201d Role: Consultant 10. Member on Coordinated School Health Advisory Council 2005-Present 11. Member on Tobacco Use Prevention Coalition 2005-Present 12. Member of expert panel\u2014New Graduate Orientation Fall 2011 Professional Activities Organization of the 44th international Annual Edwards Bayesian Research Conference, 2006 Organization of the 45th international Annual Edwards Bayesian Research Conference, 2007 Organization of a symposium for the 26th International Congress of Applied Psychology, Athens, Greece, 2006 Organization of a symposium for the 21st Subjective Probability, Utility, and Decision Making Conference, Warsaw, Poland, 2007. Organizer of the Workshop \u201cAlternative Choices for a Healthy Life\u201d (Spring 2010) Co-Organizer of the Obesity Prevention Forum for community \u201cMaking connections: move more and eat healthy\u201d (Spring 2011) Co-Chair of the First International Education Forum \u201cCreating Opportunities for Global Learning\u201d (Spring 2011 \u2013 Fall 2011) Editorial Position and Service 2008-Present Editor/Associate Editor, Californian Journal of Health Promotion 2006-Present Associate Editor and Editorial Board, Journal of Child and Family Studies 2005-2008 Action Editor, Nicotine and Tobacco Research 2005-Present Reviewer, American Journal of Public Health 2005-Present Reviewer, American Journal of Health Promotion 2005-Present Reviewer, Journal of Adolescent Health 2005-Present Reviewer, Ethnicity and Health 2005-Present Reviewer, Journal of Health Communication 2005-Present Reviewer, Journal of Health and Aging Department of Health Science 252 Professional Membership 2006-Present Community-Campus Partnerships for Health 2006-Present American Alliance for Health Physical Education Recreation and Dance 2005-Present American Public Health Association 2004-Present Society for Judgment and Decision Making 2004-Present European Association of Decision Making 1998-Present American Psychological Association, Division 12, Substance Abuse 1998-Present American Psychological Association, Division 38, Health Psychology 1997-Present American Psychological Association Department, College and University Activities 1. Committee member on department search committee, 2005 2. Committee member on College Untenured and Full-time Lecturer Organization 2005-2007 3. Committee member on College Curriculum Committee 2006-2007 4. Co-Chari for Research and program Evaluation sub-committee on University Alcohol and Other Drug Advisory Committee, 2006-present 5. Secretary, Asian American Pacific Islander Faculty and Staff Association Fall 2007-2008 6 admission committee 2007- present 7. Search committee member for the director of Health Promotion Research Institute, 2009 8. Committee member of International Education Committee, 2009 - present 9. Personnel committee 2009 10. Member of multiple professional organizations 11. Member of Admission Committee (since 2008) 12. Guest lecture, Introduction of Public Health for new students each year 13. Member of the departmental personnel committee 14. College of Health and Human Development\u2019s Faculty Awards Selection Committee Community Based Organizations - Membership 1. Orange County Tobacco Education Coalition 2. NuPAC-- Nutrition Physical Activity Collaborative Chair/Committee Member for Graduate Students\u2019 Theses/Projects Fall 2005 - Spring 2011 Role Thesis/Project Student Name Title of the work Status Department of Health Science 253 Co-Chair Thesis (Partially supported by the funding) Audrey Cheever (Grad student in Sociology dept) Adolescent Alcohol Drinking Patterns: An Assessment of Demographics and Personality Thesis published in Californian Journal of Health Promotion Completed in 2007 Chair Thesis (Partially supported by the funding) Wendy Altamirano student) Mother\u2019s Decision-Making in food choices for their preschoolers Thesis was published as a book Another manuscript under peer- review Completed in 2007 Chair Thesis (Partially supported by the funding) Jackie Gogan student), Decision Making Model and Adolescent Alcohol Use Manuscript in working progress Completed in 2008 Chair Thesis (Partially supported by the funding) Kathy Akagha student), Risk perception and decision in drug use initiation among culturally diverse adolescents Manuscript in working progress Completed in 2008 Chair Project (Partially supported by the funding) Christine Pendon student) Personality and alcohol use among adolescents Completed in 2007 Committee member Thesis Ricardo Lopez student) \u201cMulti-Ethnic, College Men\u2019s Perception and Knowledge of Human Papillomavirus (HPV) and Cervical cancer Thesis published in Californian Journal of Health Promotion Completed in 2007 Committee member Thesis Sivarama P. Vinjamury student) Efficacy of acupuncture to improve symptoms and functionality for people with Fibromyalgia (FM) Completed in 2007 Committee member Thesis Katrina N. Shibata student) Reliability and Validity of the 8-ft Up & Go Test as a Measure of Dynamic Balance and Functional Mobility in People with Fibromyalgia Completed in 2007 Chair Project (Partially supported by the funding) Mary Hermann student) Adolescents' Expectancies Regarding Ecstasy Use: Analysis of the Multi- attribute Utility Decision Making Model Completed in 2006 Role Thesis/Project Student Name Title of the work Status Committee member Thesis Saulan Eng student) Prevalence and pattern of use of complementary and Alternative medicine among Chinese cancer patients Completed in 2006 Department of Health Science 254 Committee member Thesis Vanessa Moczulski student) \u201cCommuting behaviors, obesity risk and the built environment.\u201d Thesis was published in American Journal of Health Studies Completed in 2006 Committee member Thesis Gina Harmston (Grad student in Kinesiology department) Exploratory investigation of the sources of enjoyment in physical activity among elementary and junior high students Completed in 2005 Chair Thesis Anna Hanlon student) Decision making process in eating behavior among college student Publication under peer review Completed Aug., 2010 Chair Thesis Melissa Belluz student) Decision making in alcohol use and its impact on academic performance among college students Publication under peer review Completed April, 2010 Chair Thesis Lianne M. Nacpil student Pediatrician\u2019s Strategy for Obesity Prevention and Intervention in Latino Population: The Effect of Depressive Symptoms on Health Outcomes Publication under peer review Completed April, 2010 Chair Thesis Melina Yepiz student) Mothers\u2019 role in food choices and its relationship with childhood obesity Publication in working progress Completed April, 2011 Committee member Thesis Ann Ora student) social ecological approach towards food security and homeless ave this student involved in published paper Completed April, 2009 Committee member Thesis Aliya Asghar student) Association between Familial Attachment and Gang Affiliation among Minority Adolescents in Los Angeles Completed April, 2010 Committee member Thesis Danica Jean Peterson student) The association between childhood family meals, fruit and vegetable consumption and obesity in a multi- ethnic college population Completed April, 2011 Chair Project Ju-Tzu Li student) Comprehensive approach to dysmenorrhea Completed April, 2010 Chair Project Selina Brollini student) Psychosocial factors and lifestyle choices among college students Completed Dec., 2010 Chair Project Radhika Kumar student) Ayurvedic medicine and its effect on chronic pain Completed April, 2011 Chair Project Suzanne Scholz student) Application of the Multi-Attribute Utility Model: Understanding mothers\u2019 decision making in feeding style towards children Completed April, 2011 Role Thesis/Project Student Name Title of the work Status Department of Health Science 255 Chair Project Connie Valencia student) Mothers decision: the Multi-Attribute Utility Model and maternal feeding patterns Completed April, 2011 Committee member Project Chandana Tangella student) Effects of Parental Factors on Alcohol Use among Latino Adolescent Girls Completed April, 2010 Chair Project Josephino Paras student) Pilot program to reduce alcohol binge drinking among college students Completed July, 2011 Chair Project Lisa Rico student) Empowering Hispanic Diabetics to Take Control of Their Care Through Health Literacy Completed July, 2012 Chair Project Hector Orellana student) Father\u2019s influence on children\u2019s eating behavior In working progress Chair Thesis Angela Lin student) Factors contributing to college student weight gain through the examination of eating behavior and the use of pH indicators In working progress Chair Project Helen Han student) The association between mother' decision making process and fruit and vegetable intake among Hispanic children Completed Nov., 2012 Chair Project Becky Nguyen student) With or without label, college, here we come In working progress Chair Project Candace Feetham student) Women\u2019s obesity prevention and reduction In working progress Chair Project Einat Turel student) Oral Health Nutrition Needs of the Homeless Population In working progress Department of Health Science 256 Work Address Health Science Department California State University, Fullerton 800 North State College Blvd. Fullerton 92834 (657) 278-7330 (657) 278-5317 (fax) [email protected] 1987 BA, Psychology University of California, Irvine 1994 MS, Community Psychology California State University, Long Beach 2008 PhD, Public Health Community Health Sciences Department School of Public Health Sociology Minor University of California, Los Angeles Department of Health Science 257 2014-present Associate Professor, Department of Health Science California State University, Fullerton; Fullerton 2009-2014 Assistant Professor, Department of Health Science California State University, Fullerton; Fullerton Courses Taught: Drugs and Society 321) Measurement and Statistics 349) Program Planning and Evaluation 400) Public Health Administration 524, graduate course) Statistical Methods in Health Science 508, graduate course) Research Methods 510, graduate course Summer ShakeOut Intern Mentor 2011, 2012 Southern California Earthquake Center (SCEC) Summer Undergraduate Research Experience (SCEC/SURE), supported by the National Science Foundation Research Experience for Undergraduates Program 2008-2010 Lecturer (Program Design and Evaluation) Community Health Sciences Department, School of Public Health, University of California, Los Angeles; Spring 2008-2009, Winter 2010 2008-2009 Lecturer (Research Methods, Health & Behavior, Measurement, Critical Thinking, Introductory Statistics, Multivariate Statistical Analyses) Health Science, Psychology, and Educational Psychology Departments, California State University, Long Beach; Fall 2008, Spring 2009 Fall 2004- Teaching Fellow Spring 2006 Frontiers in Human Aging Undergraduate Cluster Program, University of California, Los Angeles Summer 2004 Special Reader/Teaching Assistant (Health Communication Program for Health Professionals Department of Health Science 258 Community Health Sciences Department, School of Public Health, University of California, Los Angeles Spring 2003 Special Reader/Teaching Assistant (Grant Writing Program for Health Professionals Community Health Sciences Department, School of Public Health, University of California, Los Angeles Spring 2003 Special Reader/Teaching Assistant (Community Leadership and Empowerment Program for Health Professionals Community Health Sciences Department, School of Public Health, University of California, Los Angeles 2001-2003 Special Reader/Teaching Assistant (Program Development) Community Health Sciences Department, School of Public Health, University of California, Los Angeles; Winter Quarters: 2000, 2001, 2002 2001-2003 Special Reader/Teaching Assistant (Program Evaluation) Community Health Sciences Department, School of Public Health, University of California, Los Angeles; Spring Quarters: 2001, 2002, 2003 1999, Spring Special Reader/Teaching Assistant (Women\u2019s Roles and Family Health Program for Health Professionals Community Health Sciences Department, School of Public Health, University of California, Los Angeles 1987-1989 Graduate Teaching Assistant (Research Methods, Critical Thinking, Social Support and Aging) Psychology Department, California State University, Long Beach Culminating Project, Health Science Dept Fullerton (Advisor Culminating Project, Health Science Dept Fullerton (Advisor Culminating Project, Health Science Dept Fullerton (Advisor Culminating Project, Health Science Dept Fullerton (Advisor Department of Health Science 259 Culminating Project, Health Science Dept Fullerton (Advisor Culminating Project, Health Science Dept Fullerton (Advisor SANQUINI, Doctoral Defense: Accelerating Natural Hazard Risk Communication, Geological & Environmental Sciences, Stanford University, Summer 2015 (Committee Member WOODMAN, Destigmatizing among Burmese in Northern Thailand Culminating Project, Health Science Dept Fullerton, Spring 2015 (Advisor BROWN, Orange County Newly Diagnosed Project: Health Care Utilization and Barriers to Testing Culminating Project, Health Science Dept Fullerton, Spring 2014 (Advisor HALKIA, The Great California ShakeOut: Evaluation Findings from the 2012 California Earthquake Drill Culminating Project, Health Science Dept Fullerton, Spring 2014 (Advisor Zhowandai Performance Evaluation and Clinical Application of the Assay for Detection of Mycobacterium Tuberculosis Complex and Rifampin Resistance in a Local Public Health Laboratory Culminating Project, Health Science Dept Fullerton, Spring 2014 (Advisor Complementary and Alternative Medicine Essentials Training Module for Public Health Professionals, Culminating Project, Health Science Dept Fullerton, Spring 2013 (Advisor MOFIDI, Assessment of Orange County Public Health Workforce Capacity Using Ten Essential Public Health Practices Culminating Project, Health Science Dept Fullerton, Spring 2013 (Advisor MURRAY, The Displaced Shan-Burmese of Northern Thailand Rapid Ethnographic Assessment Exploring the Nexus of Conflict, Migration, and Thesis, Health Science Dept Fullerton, Spring 2013 (Committee Member ROSE, Gay Pornographic Media, Subjective Norms, and Engagements in Unprotected Anal Intercourse in Young Men who Have Sex with Men Culminating Project, Health Science Dept Fullerton (Advisor DENNY, Disasters and the Pregnant Woman Tutorial for Health Professionals Culminating Project, Health Science Dept Fullerton, Spring 2012 (Advisor OAKDEN, Educating Entertainers on Childhood Obesity Culminating Project, Health Science Dept Fullerton, Spring 2012 (Advisor Department of Health Science 260 SHEA, Relationship Between Serostatus and Cardiovascular Disease in an Orange County Clinic Sample Culminating Project, Health Science Dept Fullerton, Spring 2012 (Advisor HUBACH, The Influence of Loneliness on Risk Behaviors in Young Men who Have Sex with Men of HIV-Negative/Unknown Status Grounded Theory Approach Thesis Committee (Department Outstanding Graduate Student Thesis, University Outstanding Graduate Student Thesis), Health Science Dept Fullerton, Spring 2011 (Committee Member Thesis Committee, Health Science Dept Fullerton, Summer 2010 (Committee Member Thesis Committee, Thesis of the Year Nominee, Psychology Dept Long Beach, Winter 2002 (Committee Member WOODMAN, Graduate Student Program, Independent Study 599, Spring 2013 (Instructor ROSE, Graduate Student Program Fullerton, Fall 2011 (Instructor NGUYEN, Undergraduate Student, Health Science Dept Fullerton, Spring 2010 (Instructor Department of Health Science 261 AWARDEE, SPONSOR, 2013-2014 APPLICANT, SPONSOR, 2013-2014 GARLAND, Outstanding Undergraduate Health Science Student, Mentor/Internship Supervisor, Spring 2013 ROSE, Outstanding Graduate Health Science Student, Advisor, Spring 2013 HUBACH, MPH, Thesis Committee (Department Outstanding Graduate Student Thesis, University Outstanding Graduate Student Thesis), Health Science Dept Fullerton, Spring 2011 (Committee Member HALKIA, MPH, Member, Spring 2015 ORONA, MPH(c), Member, Spring 2015 VARGAS, MPH(c), Member, Spring 2015 Student, Internship Supervisor, Comprehensive Message Testing Project, Summer \u2013 Fall, 2013 QUINN, Psychology Graduate Student, Internship Supervisor, Comprehensive Message Testing Project, Summer \u2013 Fall, 2013 Student, Internship Supervisor, Comprehensive Message Testing Project, Summer \u2013 Fall, 2013 Department of Health Science 262 GARLAND, Undergraduate student, Mentor, Summer Undergraduate Research Experience (SURE), Southern California Earthquake Center, Summer 2012 HALKIA, Graduate student, Mentor, Great California ShakeOut Earthquake Drill, Spring \u2013 Summer 2013 DAVIS, BS, Mentor, Summer Undergraduate Research Experience (SURE), Southern California Earthquake Center, Summer 2011 LESLIE, Undergraduate student, Mentor, Summer Undergraduate Research Experience (SURE), Southern California Earthquake Center, Summer 2011 NGUYEN, Undergraduate student, Mentor, Summer Undergraduate Research Experience (SURE), Southern California Earthquake Center, Summer 2011 Student Intern, $1,500 stipend awardee, Spring, 2013 Student Intern, $1,500 stipend awardee, Spring, 2013 Student Intern, $1,500 stipend awardee, Spring, 2013 Student Intern, $1,500 stipend awardee, Spring, 2013 Student Intern, $1,500 stipend awardee, Spring, 2013 Student Intern, $1,500 stipend awardee, Spring, 2012 Student Intern, $1,500 stipend awardee, Spring, 2012 Student Intern, $1,500 stipend awardee, Spring, 2012 Student Intern, $1,500 stipend awardee, Spring, 2012 Student Intern, $1,500 stipend awardee, Spring, 2012 Student Intern, $1,500 stipend awardee, Spring, 2011 Student Intern, $1,500 stipend awardee, Spring, 2011 Student Intern, $1,500 stipend awardee, Spring, 2011 Student Intern, $1,500 stipend awardee, Spring, 2011 Student Intern, $1,500 stipend awardee, Spring, 2011 Student Intern, $1,500 stipend awardee, Spring, 2011 Department of Health Science 263 Student, Mentored by Dr. Joshua Yang, Evaluating System Delivery Efficiency in the Public Health Tuberculosis Program Collaborative Project Between the Pulmonary Disease Services, Orange County Health Care Agency Fullerton, $1,500 student stipend, Summer \u2013 Fall 2013 Student, Mentored by Dr. Michele Wood, Connecting Families to Needed Resources in an Era of Health Reform, Children's Health Initiative of Orange County, $1,500 stipend, Summer \u2013 Fall 2012 Student, Mentored by Dr. Jasmeet Gill, Public Health Workforce Needs Assessment for OCHCA, Orange County Health Care Agency, $1,500 stipend, Summer \u2013 Fall 2012 Student, Mentored by Dr. Joshua Yang, Evaluating System Delivery Efficiency in the Public Health Tuberculosis Program, Orange County Health Care Agency, $1,500 stipend, Summer \u2013 Fall 2011 Student, Mentored by Dr. Jasmeet Gill, Improving Childhood Immunization Rates at the OCHCA, Orange County Health Care Agency, $1,500 stipend, Summer \u2013 Fall 2011 METTOYER, Undergraduate, Internship Supervisor, California-Nevada Public Health Training Center, Spring, 2012 POSITIONS: Georgia Halkia, Research Assistant, paid research position with funding provided through Message Testing Grant, Summer 2012 \u2013 Fall 2014 Faculty Learning Community: Exploring Teaching and Learning, Participant, Faculty Development Center, Spring 2013 iClicker Training, Participant, Faculty Development Center, Fall 2013 Department of Health Science 264 COMPLETED: Junior Senior Grant: The Great ShakeOut Earthquake Drill: Lessons in Personal and Organizational Preparedness Fullerton (PI: Wood, $15,000), Fall-2012 \u2013 Spring 2013 2 Award: The Great ShakeOut Earthquake Drill: Lessons in Community Resilience Fullerton (PI: Wood, course release), Spring, 2012 2) Proposal Development Mini-Grant Fullerton (PI: Wood, course release), Spring, 2011 2) Incentive Award, California State University, Fullerton (PI: Wood, course release), Fall, 2009 2 COMPLETED: Geo-targeted Alerts and Warnings Enabled by Dense Observations of the 2011 Tohoku Tsunami, National Science Foundation #1331600, Subaward through the University of Kentucky, Lexington (PI: Wood, $18,000). Comprehensive Testing of Imminent Threat Public Messages for Mobile Devices (Followup Multisite-Multimethod Study), Department of Homeland Security #HSHQDC-10-A- BOA36, Subaward through the University of Maryland Center of Excellence (PI: Wood, $88,131), January 1, 2015 \u2013 June 30, 2015 3) Comprehensive Testing of Imminent Threat Public Messages for Mobile Devices Survey (Survey Award Obtained in Collaboration with the Social Science Research Center), Department of Homeland Security #HSHQDC-10-A-BOA36, Subaward through the University of Maryland Center of Excellence (PI: Wood, $143,016), March 31, 2014 \u2013 September 31, 2014 3) Comprehensive Testing of Imminent Threat Public Messages for Mobile Devices (3 Phase Multisite-Multimethod Study), Department of Homeland Security #HSHQDC-10-A- BOA36, Subaward through the University of Maryland Center of Excellence (PI: Wood, $253,520), June 27, 2012 \u2013 September 30, 2014 3 Department of Health Science 265 California-Nevada Public Health Training Center, Health Resources and Services Administration #6 UB6HP20202-04-04/UB6HP20202 (PI: Wood, $203,822), September 1, 2010 \u2013 January 31, 2015 3) Engaging Californians in a Shared Value for Resiliency: Practical Lessons Learned from the Great California Shakeout, Alfred E. Alquist Seismic Safety Commission 2011-02 (PI: Wood, $49,900), August 1, 2011 \u2013 January 20, 2012 2 2011-Present Affiliate Investigator Veterans Health Administration Emergency Management Evaluation Center Greater Los Angeles Healthcare System 1) 2007-2009 Program Manager California Earthquake Study of Household Preparedness Seismic Safety Commission State of Governor\u2019s Office of Emergency Management Southern Injury Prevention Center Epidemiology Department, School of Public Health University of California, Los Angeles 2005-2008 Program Manager Center of Excellence for Behavioral and Social Research on Terrorism and Counterterrorism U.S. Department of Homeland Security Southern Injury Prevention Center Epidemiology Department, School of Public Health University of California, Los Angeles 2003-2005 Program Manager Independent Study to Assess Savings from Mitigation Activities Subcontract to through Applied Technology Council Funded by Federal Emergency Management Agency Southern Injury Prevention Center Epidemiology Department, School of Public Health University of California, Los Angeles 2000-2003 Associate Director Center for Behavioral Research & Services California State University, Long Beach 2000-2002 Core Coordinator Study Design and Analysis Core Center for Behavioral Research & Services Department of Health Science 266 Funded by the Universitywide Research Program 2000 Research Associate Investigator Training and Development & Research Integrity Cores Center for Behavioral Research & Services Funded by the Universitywide Research Program 1998-2000 Research Associate Study of Prevention Interventions for Drug-Using Center for Behavioral Research & Services Funded by the National Institute on Drug Abuse 1996-2000 Program Manager Study of Sexual Risk Reduction for Crack Users Center for Behavioral Research & Services Funded by the National Institute on Drug Abuse 2000 Contracted by the National Institute on Drug Abuse (NIDA) to write, The Community-Based Outreach Model Manual to Reduce Risk of and Other Blood-Borne Infections in Drug Users (2000 Publication No. 00-4812, Bethesda: NIDA. 1993-1998 Program Manager Community Prevention Program for Drug Users Center for Behavioral Research & Services Funded by the State Office of AIDS, through the Long Beach Department of Health and Human Services 1997 Program Manager Outreach and Media Training Program for Teen Pregnancy Prevention Center for Behavioral Research & Services Funded by the California State Office of Community Challenge Grants, through a subcontract with the Long Beach Department of Health and Human Services 1996-1997 Program Manager Mobile Clinic Center for Behavioral Research & Services Funded by the California State Office of AIDS, through a subcontract with the Long Beach Department of Health and Human Services 1996-1997 Program Manager Prevention Outreach to Injection Drug Users (Peer-Influence Model Center for Behavioral Research & Services Funded by the Los Angeles County Program and Policy Office Department of Health Science 267 1992-1996 Program/Data Manager Community-Based Outreach/Intervention Research with Injection Drug and Crack Cocaine Users Center for Behavioral Research & Services Funded by the National Institute on Drug Abuse 1991-1996 Data Manager Multi-Site Study to Evaluate Enhanced Counseling and Testing for Clinic Patients (Project Center for Behavioral Research & Services Funded by the Centers for Disease Control and Prevention 1989-1991 Data Manager Outreach to IV-Drug Users, Sex Partners, and Runaways Research & Education Project Funded by the National Institute on Drug Abuse Sanquini, A., Thapaliya, S., Wood, M., Baiocchi, M, & Hilley, G. (Submitted: Earthquake Spectra). Motivating earthquake-resistant construction randomized controlled trial in Nepal. Sanquini, A., Thapaliya, S., & Wood, M. (Submitted: Disaster Prevention and Management). Communicate to motivate: Design of a theory based mass media Intervention for natural hazard risk reduction. Wood, M. M., Mileti, D. S., Bean, H., Madden, S., Liu, B. F., & Sutton, J. (In process). Imminent risk and the reconstruction of reality using modern technology Bean, H., Madden, S., Liu, B. F., Sutton, J., Wood, M., & Mileti, D. S. (Accepted). Disaster warnings in your pocket qualitative study of how audiences interpret wireless emergency alerts, Journal of Contingencies and Crisis Management. Sanquini, A., Thapaliya, S., & Wood, M. (Accepted). Development of a survey instrument to isolate effectiveness of a communication intervention on predictors of disaster risk reduction actions, Natural Hazards Department of Health Science 268 Wood, M. M. (Accepted). Geotargeted Alerts and Warnings, The Encyclopedia of Geography: People, the Earth, Environment and Technology. Bean, H., Sutton, J., Liu, B. F., Madden, S., Wood, M., & Mileti, D. S. (2015). The study of mobile public warning messages research review and agenda, The Review of Communication, 15(1), 60-80 2) Bourque, L. B., Regan, R., Kelley, M. M., Wood, M. W., Kano, M., & Mileti, D. S. (2013). An examination of the effect of perceived risk on preparedness behavior, Environment & Behavior, 45, 615-649. DOI: 10.1177/0013916512437596 2) Hubach, R. D., Distefano, A. S., & Wood, M. M. (2012). Understanding the Influence of Loneliness on Risk Behavior in Young Men Who Have Sex with Men, Journal of Gay and Lesbian Social Services, 24(4), 371-395. DOI: 10.1080/10538720.2012.721676 (Student Thesis 2) Wood, M. M., Mileti, D. S., Kano, M., Kelley, M. M., Regan, R., & Bourque, L. B. (2012), Communicating actionable risk for terrorism and other hazards. Risk Analysis, 32(4), 601-615 3) Kano, M., Wood, M. M., Mileti, D. S., & Bourque, L. B. (2011). Terrorism preparedness and exposure reduction since 9/11: The status of public readiness in the United States, Journal of Homeland Security and Emergency Management, 8(1), Article 37, DOI: 10.2202/1547-7355.1807, Available at: 3) Wood, M. M., Fisher, D. G., Reynolds, G. L., Guzman, Y., & Pedersen, W. C. (2011). Literacy level and vocational training for substance-using Hispanic adults, International Journal of Adult Vocational Education and Technology, 2(2), 42-54 3) Bourque, L. B., Mileti, D. S., Kano, M., & Wood, M. M. (2010). Who prepares for terrorism? Environment & Behavior. 44(3), 374-409 2) Napper, L. E., Fisher, D. G., Johnson, M. E., & Wood, M. M. (2010). The reliability and validity of drug users\u2019 self reports of amphetamine use among primarily heroin and cocaine users, Addictive Behaviors, 35(4), 350-354 2) Wood, M. M., Kano, M., Mileti, D. S., & Bourque, L. B. (2009). Reconceptualizing household disaster readiness: The \u201cGet Ready\u201d pyramid, Journal of Emergency Management, 7(4), 25-37. Mittler, E., Bourque, L., Wood, M. M., & Taylor, C. (2008). How communities implement successful mitigation programs: Insights from the Multihazard Mitigation Council (MMC) community study. In J. E. Beavers (Ed.), Multihazard issues in the Central United States: Understanding the hazards and reducing the losses, American Society of Civil Engineers Council on Disaster Risk Management Monograph 3 (pp. 51-73). Reston, VA: American Society of Civil Engineers, Council on Disaster Risk Management Department of Health Science 269 Napper, L. E., Branson, C. M., Fisher, D. G., Reynolds, G. L., & Wood, M. M. (2008). Assessing the validity of a single-item risk Stage-of-Change measure. Journal of Drug Education, 38, 27-37. Napper, L., Wood, M. M., Jaffe, A., Fisher, D. G., Reynolds, G. L., & Klahn, J. A. (2008). Convergent and discriminant validity of three measures of Stage of Change. Psychology of Addictive Behaviors, 22(3), 362-371. Bourque, L. B., Siegel, J. M., Kano, M., & Wood, M. M. (2006). Weathering the storm: The impact of hurricanes on physical and mental health. The of the American Academy of Political and Social Science, 604, 129-151. Fisher, D. G., Milroy, M. E., Reynolds, G. L., Klahn, J. A., & Wood, M. M. (2004). Arrest history among men and sexual orientation. Crime and Delinquency, 50(1), 32-42. Fisher, D. G., Reynolds, G. L., Moreno-Branson, C. M., Jaffe, A., Wood, M. M., Klahn, J. A., & Mu\u00f1iz, J. F. (2004). Drug treatment needs and characteristics of Hispanic injection drug users in Long Beach, CA. Journal of Drug Issues, 22, 879-894. Fisher, D. G., Reynolds, G. L., Wood, M. M., & Johnson, M. E. (2004). Reliability of arrest and incarceration questions on the Risk Behavior Assessment. Crime and Delinquency, 50(1), 24-31. Hershberger, S. L., Fisher, D. G., Reynolds, G. L., Klahn, J. A., & Wood, M. M. (2004). Nicotine dependence and risk behaviors among illicit drug users. Addictive Behaviors, 29(3), 623-5. Klahn, J. A., Fisher, D. G., Wood, M. M., Reynolds, G. L., & Johnson, M. E. (2004). Homelessness among out-of-treatment drug users in Long Beach, CA. Journal of Social Distress and the Homeless, 13(3/4), 345-362. Fisher, D. G., Pearce, F. W., Satz, D. J., & Wood, M. M. (2003). Employment retention of health care providers in frontier areas of Alaska. International Journal of Circumpolar Health, 62(4), 423-435. Electronic version available at Hershberger, S. L., Wood, M. M., & Fisher, D. G. (2003 cognitive-behavioral intervention to reduce risk behaviors in crack and injection drug users and Behavior, 7(3), 229-243. Reynolds, G. L., Fisher, D. G., Klahn, J. A., & Wood, M. M. (2003). Using the Quality of Well- Being Scale to assess quality of life in out-of-treatment drug users. Journal of Psychoactive Drugs, 35(4), 497-502. Reynolds, G. L., Fisher, D. G., Wood, M. M., Klahn, J. A., & Johnson, M. E. (2003). Use of emergency room services by out-of-treatment drug users in Long Beach, California. Journal of Addictive Diseases, 22(2), 1-13 Department of Health Science 270 Deren, S., Stark, M., Rhodes, F., Siegal, H., Cottler, L., Wood, M., Kochems, L., Carlson, R., Falck, R., Rourke, K., Trotter, R., Weir, B., Goldstein, M., Wright-DeAg\u00fcero, L., Cesari, H., & Lambert, E. (2001). Drug-Using MSM: Sexual behaviors and sexual identities. Culture, Health, & Sexuality, 3, 329-338. Rhodes, F., Deren, S., Wood, M. M., Shedlin, M. G., Carlson, R. G., Lambert, E. Y., Kochems, L. M., Stark, M. J., Falck, R. S., Wright-DeAg\u00fcero, L., Weir, B., Cottler, L., Rourke, K. M., & Trotter, R. T. (1999). Understanding risks of drug-using men who have sex with men Care, 11, 629-648. Rhodes, F., Wood, M. M., & Booth, R. E. (1998). Efficacy and effectiveness issues in the Cooperative Agreement interventions for out-of-treatment drug users. Journal of Psychoactive Drugs, 30, 261-268. Wood, M. M., Tortu, S., Rhodes, F., & Deren, S. (1998). Differences in condom behaviors and beliefs among female drug users. Women & Health, 27, 137-160. Wood, M. M. & Rhodes, F. (1996). Using social gatherings to encourage risk reduction among drug users. American Journal of Public Health, 86, 1815\u20131816 Kano, M., Wood, M. M., Siegel, J. M., & Bourque, L. B. (In press). Disaster research and epidemiology (2nd edition). In K. L. Koenig & C. H. Schultz (Eds.), Disaster medicine: Comprehensive principles and practices (pp. 3-20). New York: Cambridge University Press 2) Wood, M. M. (2015). Communicating actionable risk: The challenge of communicating risk to motive preparedness in the absence of calamity. In H. Egner, M. Schorch, & M. Voss (Eds.), Learning and calamities: Practices, interpretations, patterns (pp. 143-158). New York: Routledge. 3) Kano, M., Wood, M. M., Siegel, J. M., & Bourque, L. B. (2010). Disaster research and epidemiology. In K. L. Koenig & C. H. Schultz (Eds.), Disaster medicine: Comprehensive principles and practices (pp. 3-20). New York: Cambridge University Press 2) Wood, M. M., & Rhodes, F. (2000). Drug-using men who have sex with men in Long Beach. In F. Rhodes, et al. (Eds multisite study of risks in drug-using men who have sex with men: Focus group summaries (pp. 55-81). Long Beach, CA: California State University, Long Beach Press. Bourque, L. B., Siegel, J. M., Kano, M., & Wood, M. M. (2006). Morbidity and mortality associated with disasters. In H. Rodriguez, E. L. Quarantelli, & R. R. Dynes (Eds.), Handbook of disaster research (pp. 97-112). New York: Springer Department of Health Science 271 Bean, H., Liu, B. F., Madden, S., Mileti, D. S., Sutton, J., & Wood, M. M. (2015, December). Final Report: Comprehensive Testing of Imminent Threat Public Messages for Mobile Devices. College Park, MD: National Consortium for the Study of Terrorism and Responses to Terrorism 1) Bean, H., Liu, B. F., Madden, S., Mileti, D. S., Sutton, J., & Wood, M. M. (2014). Revised Research Design: Comprehensive Testing of Imminent Threat Public Messages for Mobile Devices. College Park, MD: National Consortium for the Study of Terrorism and Responses to Terrorism 1) Wood, M. M., Bean, H., Liu, B. F., Madden, S., Mileti, D. S., & Sutton, J. (2013, January 24). Revised Research Design: Comprehensive Testing of Imminent Threat Public Messages for Mobile Devices, College Park, MD: National Consortium for the Study of Terrorism and Responses to Terrorism 1) Liu, B. F., Wood, M. M., Bean, H., Madden, S., Sutton, J., & Mileti, D. S. (2012, December 27). Phase Final Report: Comprehensive Testing of Imminent Threat Public Messages for Mobile Devices, College Park, MD: National Consortium for the Study of Terrorism and Responses to Terrorism 1) Mileti, D. S., Wood, M. M., Bean, H., Liu, B. F., Sutton, J., & Madden, S. (2012). Workshop Briefing White Paper: Comprehensive Testing of Imminent Threat Public Messages for Mobile Devices, FEMA/National Consortium for the Study of Terrorism and Responses to Terrorism (START), College Park, MD. (Level 1) Mileti, D. S., Bean, H., Liu, B. F., Madden, S., Sutton, J., & Wood, M. M. (2012, September 27). Hazards and Protective Action Sequences Message Matrix: Comprehensive Testing of Imminent Threat Public Messages for Mobile Devices, College Park, MD: National Consortium for the Study of Terrorism and Responses to Terrorism 1) Mileti, D. S., Bean, H., Liu, B. F., Madden, S., Sutton, J., & Wood, M. M. (2012, September 12). Public Message and Response Primer: Comprehensive Testing of Imminent Threat Public Messages for Mobile Devices, College Park, MD: National Consortium for the Study of Terrorism and Responses to Terrorism 1) Mileti, D. S., Bean, H., Liu, B. F., Madden, S., Sutton, J., & Wood, M. M. (2012, August 27). Hazards Versus Protective Actions Message Matrix: Comprehensive Testing of Imminent Threat Public Messages for Mobile Devices, College Park, MD: National Consortium for the Study of Terrorism and Responses to Terrorism 1) Mileti, D. S., Bean, H., Sutton, J., Wood, M. M. (2012, July 27). Imminent Threats Catalogue: Comprehensive Testing of Imminent Threat Public Messages for Mobile Devices, College Park, MD: National Consortium for the Study of Terrorism and Responses to Terrorism 1 Department of Health Science 272 Kano, M., Wood, M. M., Kelley, M. M., & Bourque, L. B. (2009). The study of household preparedness: Preparing California for earthquakes, Final report to the Alfred E. Alquist Seismic Safety Commission and the California Emergency Management Agency 09-03 Appendix. 03%20The%20Study%20of%20Household%20Preparedness%20Appx.pdf Kano, M, Wood, M. M., Mileti, D. S., & Bourque, L. B. (2008). Public Response to Terrorism: Findings from the National Survey of Disaster Experiences and Preparedness, Final Report. Los Angeles: University of California. Available at Descriptive Report (2).pdf REVIEWED) Mileti, D. S., Bourque, L. B., Wood, M. M., & Kano, M. (2011, Spring). Motivating public mitigation and preparedness for earthquakes and other hazards (Invited paper). Journal of Hazard Mitigation and Risk Assessment, 25-31 2 REVIEWED) Wood, M. M. (2001). [Review of the book Tailoring health messages: Customizing communication with computer technology.] Health Education & Behavior, 28, 249-251 REVIEWED) Mileti, D. S., Wood, M. M., Kano, M., Kelley, M. M., & Bourque, L. B. (2011). Motivating public preparedness. International Association of Emergency Managers (IAEM) Bulletin, 28(4), 9, 12 2) Rhodes, F., & Wood, M. M. (2000, April cognitive-behavioral intervention to reduce risks among active drug users: Efficacy Study. In Proceedings of the California State Office of Staying Negative Symposium, Los Angeles, CA. Wood, M. M., & Rhodes, F., (2000, April cognitive-behavioral intervention to reduce risks among active drug users: Implementation Issues. In Proceedings of the California State Office of Staying Negative Symposium, Los Angeles, CA. Wood, M. M. (1994). Process evaluation of a human immunodeficiency virus risk reduction intervention targeting drug injectors and crack cocaine users. Unpublished master\u2019s thesis, California State University, Long Beach. Rhodes, F., Humfleet, G. L., Mowrey, M. M., & Corby, N. H. (1993). The behavioral counseling model for injection drug users: Intervention manual Pub. No. 93-3597). Rockville Department of Health Science 273 Rhodes, F., & Mowrey, M. M. (1991). Utilizing food distribution as an access mechanism in community research. In Proceedings of the Third Annual National Demonstration Research Meeting. Rockville, MD: National Institute on Drug Abuse 2015 Wood, M. M. (2015, July 21). Messages, New Technologies, and Warning Responses, 40th Annual Natural Hazards Research and Applications Workshop, Boulder 2) Wood, M. M. (2015, June 5). Optimizing imminent threat mobile alerts to motivate protective action (invited talk). Paper presented at the Stanford Earth, Stanford University Lecture Series, Stanford, CA. Wood, M. (2015, May 12). Optimizing imminent threat mobile alerts to motivate protective action, Oral presentation at the Geological Society of American Cordilleran Section 111th Annual Meeting, Anchorage 2) Wood, M. M. (2015, May 28). From communication to action: How to motivate people to prepare for disaster. Paper presented at the Stanford Earth Public Lecture: Accelerating the Mitigation of Natural Hazard Risk in Nepal, Stanford, CA. 2014 Wood, M. (2014, December 11). Drugs & Society: Contemporary Drug Issues in the United States, Oral presentation for Chinese participants in the Hubei Public Health Program, California State University, Fullerton. Wood, M. (2014, November 10). Actionable Risk Communication, Paper presented at the Disaster Communication: Redesigned Workshop, University of Kentucky, Lexington. Bean, H., Liu, B. F., Madden, S., Sutton, J., Wood, M., & Mileti, D. (2014, November). Disaster warnings in your pocket qualitative study of how audiences interpret wireless emergency alerts. Paper presented at the National Communication Association conference, Chicago Department of Health Science 274 Bean, H., Sutton, J., Liu, B. F., Madden, S., Wood, M., & Mileti, D. (2014, November). The study of mobile public warning messages research review and agenda. Paper presented at the National Communication Association conference, Chicago, IL. Wood, M., & Bean, H. (2014, March 27). Comprehensive Testing of Imminent Threat Public Messages for Mobile Devices, Webinar hosted by the U.S. Department of Homeland Security Science and Technology Directorate, First Responders Group 2) 2013 Halkia, G., Espinoza, A., Moreno, A., & Wood, M. M. (2013, November). Poster presented at the 141st Annual Meeting of the American Public Health Association, Boston, MA. (Student Conference Presentation 2) (Student Conference Presentation) Seidman, R. L., Bliss, J. C., Randhawa, M. S., & Wood, M. M. (2013, November). Promoting public health careers in a diverse undergraduate student population. Poster presented at the 141st Annual Meeting of the American Public Health Association, Boston 2) (Student Conference Presentation) Wood, M. M. (2013, July 15). Public Alert and Warning Messages for Mobile Devices, Panel Speaker, Oral presentation at the 38th Annual Natural Hazards Research and Applications Workshop, Boulder 2) Wood, M. M. (2013, February 21). Communicating Geotargeted Risk for Imminent Threat Alerts and Warnings, Invited oral presentation at the National Research Council\u2019s Geotargeted Disaster Alerts and Warnings workshop on Current Knowledge and Research Gaps, National Academy of Sciences Building, Washington 2) Zhowandai, M. H., Ghajar, M., Prabhu, S., Alexander, R., & Wood, M. M. (2013, August). Performance evaluation and clinical application of the GeneXpert assay for detection of Mycobacterium Tuberculosis complex and Rifampin resistance in a local public health laboratory, Poster presented at the Eighth National Conference on Laboratory Aspects of Tuberculosis, San Diego, CA. (Student Conference Presentation 2) 2012 Wood, M. M. (2012, November 13). Designing experiments to evaluate and improve the Commercial Mobile Alert System, Oral presentation at the Stakeholder Workshop: Comprehensive Testing of Imminent Threat Public Messages for Mobile Devices, Washington 2 Department of Health Science 275 Wood, M. M. (2012, November 13). Hazard and protective action sequences, Oral presentation at the Stakeholder Workshop: Comprehensive Testing of Imminent Threat Public Messages for Mobile Devices, Washington 2) Wood, M. M. (2012, October 17). Sirens in Their Pockets: The Future of Alerts and Warnings, Oral presentation at the Joint Technical Symposium, Long Beach 2) Garland, E., & Wood, M. M. (2012, September). Analyzing ShakeOut participant feedback to improve future drills, Poster presented at the Southern California Earthquake Center Annual Meeting, Palm Springs, CA. (Student Conference Presentation 2) Hubach, R. D., DiStefano, A. S., & Wood, M. (2012, November). Loneliness and the internet vehicle for sex and dating among a sample of YMSM. Oral presentation at the 2012 Annual Meeting of the Society for the Scientific Study of Sexuality, Tampa, FL. (Student Thesis 2) Hubach, R. D., DiStefano, A. S., & Wood, M. M. (2012, October). Understanding the influence of loneliness on risk behaviors among a sample of young men who have sex with men grounded theory approach. Oral presentation at the program of the 140th Annual Meeting (October 27-31, 2012), San Francisco, CA. (Student Thesis 2) Hubach, R. D., DiStefano, A. S., & Wood, M. M. (2012, May 17-20). Loneliness and its relationship to sexual partner seeking among a sample of young MSM. Oral presentation at the Eastern and Midcontinent Joint Regional Meeting, Bloomington, Indiana. (Student Thesis 2) Petal, M., Nguyen, A., & Wood, M. M. (2012, Feb. 21-24). Visual communication design for ShakeOut research dissemination, Poster presented at the Public Health Preparedness Summit. (Student Project 2) Sutton, J., Wood, M., Bean, H., & Mileti, D. (June, 2012). Sirens in Their Pockets, Oral presentation at the World Conference on Disaster Management, Toronto 2) Wood, M. (2012, May 3). Academic research and community engagement. Invited oral presentation at the Graduate Student Spring Symposium, Department of Sociology, California State University, Long Beach 2 Department of Health Science 276 2011 Leslie, A., Davis, L., Wood, M. M., & Green, R. A. (2011, Sept. 11-14). Preliminary evaluation of the 2010 ShakeOut earthquake drill. 2011 Annual Meeting, Palm Springs, CA. (Student Intern 2) Davis, L., Leslie, A., Nguyen, A., & Wood, M. M. (2011, Sept. 11-14). ShakeOut drill planning and evaluation at Fullerton case study. 2011 Annual Meeting, Palm Springs, CA. Palm Springs, CA. (Student Conference Presentation 2) Mileti, D. S., & Wood, M. M. (2011, May). Increasing public preparedness: Research findings and evidence-based recommendations for practice. Invited oral presentation at the National Advisory Council Meeting, Los Angeles 2) 2010 Kelley, M. M., Wood, M. M., Kano, M., & Bourque, L. B. (2010, Nov.). Predictors of household disaster preparedness in California: Findings from a statewide telephone survey. Poster presented at the 138th Annual Meeting & Exposition, Denver, CO. (Student Conference Presentation 2) Wood, M. M. (2010, April). Public education for mobile device alerts and warnings: Current knowledge and research needs. Invited oral presentation at the Public Response to Alerts and Warnings on Mobile Devices: Current Knowledge and Research Needs National Academy of Sciences Workshop, National Academy of Sciences, Washington 2) Wood, M. M. (2010, June). Motivating Public Readiness for disasters. Invited presentation at the Mountain Climate Research Conference, Blue River 2) 2009 Bourque, L. B., & Wood, M. M. (2009, June). Motivating public readiness for disasters: Research findings and evidence-based recommendations for practice. Invited paper presented at the National Conference on Volunteering and Service, San Francisco, CA. Healey, D. J., Weiss, B., & Wood, M. M. (2009, Nov.). Improving evaluation capacity among community organizations engaged in violence prevention work. Paper presented at the 137th Annual Meeting & Exposition, Philadelphia 2) Kelley, M. M., Wood, M. M., Kano, M., & Bourque, L. B. (2009, Nov.). Household compliance with emergency water storage recommendations in California. Paper presented at the 137th Annual Meeting & Exposition, Philadelphia, PA. (Student Conference Presentation 2 Department of Health Science 277 2008 Bourque, L. B., Mileti, D. S., Kano, M., & Wood, M. M. (2008, July). Research from Department of Homeland Security Centers for Excellence National Survey of Disaster Experiences and Preparedness (NSDEP). Paper presented at the 33rd Annual Natural Hazards Research and Applications Workshop, Boulder, CO. Kano, M., Wood, M. M., Mileti, D. S., & Bourque, L. B. (2008, Oct cost-based typology of household disaster preparedness actions: The \"Get Ready Pyramid\". Paper presented at the 136th Annual Meeting & Exposition, San Diego, CA. Napper, L., Fisher, D., Johnson, M. E., & Wood, M. M. (2008, Oct.). Reliability and validity of drug users' self-reports of amphetamine use. Paper presented at the 136th Annual Meeting & Exposition, San Diego, CA. Wood, M. W., Fisher, D. G., Rainof, A., & Siegel, J. M. (2008, Oct.). Reliability and validity of the Spanish RBA: Translation issues, protocol drift, and drug distribution patterns. Paper presented at the 136th Annual Meeting & Exposition, San Diego, CA. Weiss, B. P., Wood, M. M., Leap, J., & Sato, A. (2008, Nov.). Evaluation training for violence prevention programs. Paper presented at The California Wellness Foundation Violence Prevention Workshop, Los Angeles, CA. 2007 Napper, L., Wood, M. M., Jaffe, A., Fisher, D. G., Reynolds, G. L., and Klahn, J. A. (2007). Comparison of three drug-use measures of stage of change. Poster presented at the 115th Annual American Psychological Association Convention, San Francisco, CA. Wood, M. M. (2007, June). National Survey of Disaster Experiences and Preparedness: Questionnaire Design and Pretest. Paper presented at the 3rd Annual Meeting of the National Consortium for the Study of Terrorism and Responses to Terrorism (START), Adelphi Department of Health Science 278 2006 Carpiac, M. L., Nakao, K., Lee, S. E., Wood, M. M., Valenzuela, H., Damron-Rodriguez, J., et al. (2006, February). Attracting students to gerontology through innovative general education. Paper presented at the 32nd Annual Meeting of the Association for Gerontology in Higher Education, Indianapolis, IN. Carpiac-Claver, M. L., Lee, S. E., Nakao, K., O\u2019Byrne, K., Damron-Rodriguez, J., Wood, M. M., et al. (2006, March). Fostering intergenerational exchange: Community/university partnership. Paper presented at the National Conference on the Aging and American Society on Aging Joint Annual Conference, Anaheim, CA. Wood, M. M. (2006, June). Terrorism Preparedness Stage of Change. Paper presented at the 2nd Annual Meeting of the National Consortium for the Study of Terrorism and Responses to Terrorism (START), Adelphi, MD. 2005 Carpiac, M. L., Nakao, K., Lee, S. E., Wood, M. M., Valenzuela, H., Damron-Rodriguez, J., Effros, R., & Malmgren, R. (2005, June). Attracting students to gerontology through innovative general education. Poster presented at the 10th Annual Conference on Aging, Los Angeles, CA. 2003 Reynolds, G. L., Fisher, D. G., Klahn, J. A., & Wood, M. M., (2003, November). Quality of life among drug users in Long Beach. Abstract presented at the 131st American Public Health Association Annual Meeting. Reynolds, G. L., Fisher, D. G., Wood, M. M., Janson, M. A., & Hershberger, S. (2003, November). Gender differences in opiate and stimulant use among drug users in Long Beach, CA. Abstract presented at the 131st American Public Health Association Annual Meeting. Reynolds, G. L., Fisher, D. G., Wood, M. M., Janson, M. A., & Hershberger, S. (2003, November). Stimulant users: Differences between cocaine and amphetamine users in Long Beach, CA. Abstract presented at the 131st American Public Health Association Annual Meeting. Reynolds, G. L., Klahn, J. A., Wood, M. M. & Fisher, D. G. (2003, February). Quality of well- being among drug users in Long Beach. Abstract presented at the 13th Annual Long Beach Research Symposium Department of Health Science 279 Reynolds, G. L., Wood, M. M., & Fisher, D. G. (2003, February comparison of survey results of county and community co-chairs of California\u2019s local prevention planning group. Abstract presented the 13th Annual Long Beach Research Symposium. Wood, M. M., Fisher, D. G., & Klahn, J. A. (2003, November). Comparing the RCQ, SOCRATES, and for assessing stage of change in active drug users. Abstract accepted for poster presentation at the 131st Annual Meeting of the American Public Health Association, San Francisco, CA. Wood, M. M., Reynolds, G. L., & Fisher, D. G. (February, 2003). Needle exchange attitudes and practices among IDUs in Long Beach, CA. Poster presented at the 13th Annual Long Beach Research Symposium. 2002 Del Casino, V., Fisher, D. G., & Wood, M. M. (2002, November). Spatializing the Risk Behavior Assessment Questionnaire (RBA) [Abstract]. Abstracts of the 130th Annual American Public Health Association Meeting, Philadelphia (#46261). Fisher, D. G., Janson, M. A., Wood, M. M., Klahn, J. A., & Vann, R. L. (2002, November). Ecstasy use among drug users in Long Beach [Abstract]. Abstracts of the 130th Annual American Public Health Association Meeting, Philadelphia (#35528). Fisher, D. G., Wood, M. M., Janson, M. A., & Archuleta, E. A. (2002, February). Ecstasy use among drug users in Long Beach, California [Abstract]. Abstracts of the Universitywide Research Program 5th Annual Conference on Research in California, Sacramento, CA, 45. Fisher, D. G., Wood, M. M., Janson, M. A., & Davis, J. (2002, February). Syringe procurement among injection drug users in Long Beach [Abstract]. Abstracts of the Universitywide Research Program 5th Annual Conference on Research in California, Sacramento, CA, 115. Fisher, D. G., Wood, M. M., Janson, M., & Archuleta, E. (2002, November). Ecstasy use among drug users in Long Beach, California [Abstract]. Poster session presented at the 130th Annual Meeting & Exposition, Philadelphia (Session 4093.0). Hershberger, S. L., Reynolds, G. L., Wood, M. M., Janson, M. A., Klahn, J. A., & Fisher, D. G. (2002). Nicotine dependence and its association with cocaine and opiate abuse [Abstract]. Abstracts of the 130th Annual American Public Health Association Meeting, Philadelphia (#40504). Hershberger, S. L., Reynolds, G. L., Wood, M. M., Janson, M. A., Klahn, J. A., & Fisher, D. G. (2002, November). Sex, ethnic identity, and sexual orientation differences in nicotine dependence [Abstract]. Abstracts of the 130th Annual American Public Health Association Meeting, Philadelphia (#40508 Department of Health Science 280 Klahn, J. A., Fisher, D. G., Wood, M. M., Reynolds, G. L., & Davis, J. (2002, February). Crime and risk among out-of-treatment drug users in Long Beach [Abstract]. Abstracts of the Universitywide Research Program 5th Annual Conference on Research in California, Sacramento, CA, 46. Klahn, J. A., Reynolds, G. L., Fisher, D. G., Wood, M. M., & Wood, J. L. (2002, November). Do illicit drug users have a basic knowledge of nicotine's health effects? Poster session presented at the 130th Annual Meeting & Exposition, Philadelphia (Session 4088.0). Klahn, J. A., Wood, M. M., Reynolds, G. L., & Fisher, D. G. (2002, July). Readiness to change drug use among out-of-treatment drug users in Long Beach [Abstract]. Abstracts of the International Conference, Barcelona, Spain (ThPeD7623). Reynolds, G. L., Wood, M. M., Klahn, J. A. & Fisher, D. G. (2002, July testing behavior and sexual risk behaviors among out-of-treatment drug users in Long Beach, CA. [Abstract]. Abstracts-On-Disk International Conference, Barcelona, Spain, D11285. Wood, M. M. Reynolds, G. L., Klahn, J. A., Mu\u00f1iz, J. F., Moreno-Branson, C. A., & Fisher, D. G. (2002, July Risk and Drug Treatment Needs of Hispanic Drug Users in Long Beach [Abstract]. Abstracts of the International Conference, Barcelona, Spain (E11686). Wood, M. M., Klahn, J. A., Janson, M. A., Reynolds, G. L., & Fisher, D. G. (2002, November). Needle exchange attitudes and practices among IDUs in Long Beach [Abstract]. Abstracts of the 130th Annual American Public Health Association Meeting, Philadelphia (#43504). Wood, M. M., Klahn, J. A., Reynolds, G. L., & Fisher, D. G. (2002, February). The versus single item measures of drug use stage of change [Abstract]. Abstracts of the Universitywide Research Program 5th Annual Conference on Research in California, Sacramento, CA. Wood, M. M., Klahn, J. A., Reynolds, G. L., & Fisher, D. G. (2002, April). The versus single item measures of drug use stage of change. Paper presented at the 4th Annual Research: The Next Generation Conference, Los Angeles, CA. Wood, M. M., Klahn, J. A., Reynolds, G. L., & Fisher, D. G. (2002, November versus single item measures of drug use stage-of-change [Abstract]. Abstracts of the 130th Annual American Public Health Association Meeting, Philadelphia (#47785). 2001 Department of Health Science 281 Jones, P. L., De Luna, R., Wood, M. M., Fisher, D., & Reynolds-Fisher, G. L. (2001, October). Exploring the relationship between age and drug use risk among street-recruited women [Abstract]. Abstracts of the 129th Annual Meeting of the American Public Health Association (4093.0), Atlanta, GA. Klahn, J. A., Johnson, M. E., Fisher, D. G., Reynolds, G. L., Janson, M. A., & Wood, M. M. (2001, November). Homelessness among out-of-treatment drug users. Paper presented at the Health Services Disparities and Addictions Conference, Galveston, TX. Reynolds, G. L., Wood, M. M., & Fisher, D. G. (2001, November). Use of emergency room services by out-of-treatment drug users. Paper presented at the Health Services Disparities and Addictions Conference, Galveston, TX. Reynolds, G. L., Wood, M. M., Fisher, D. G., & Rhodes, F. (2001, October). Predictors of emergency room usage among drug users in Long Beach [Abstract]. Abstracts of the 129th Annual Meeting of the American Public Health Association (4088.0), Atlanta, GA. Reynolds, G. L., Wood, M., & Fisher, D. G. (2001, April). Use of health services providers by drug users in Long Beach. Poster session presented at the 3rd Annual Next Generation Conference, Los Angeles, CA. Wood, M. M., De Luna, R. A., Janson, M. A., Wood, J. L., Cagle, M., & Fisher, D. G. (2001, October social-cognitive risk-reduction program for drug users: Participation factors [Abstract]. Abstracts of the 129th Annual Meeting of the American Public Health Association (5044.0), Atlanta, GA. Wood, M. M., De Luna, R. A., Wood, J. L., Jones, P. L., Janson, M. A., & Fisher, D. G. (2001, October). Predictors of homelessness among drug users in Long Beach [Abstract]. Abstracts of the 129th Annual Meeting of the American Public Health Association (4107.0), Atlanta, GA. Wood, M. M., Janson, M. A., Wood, J. L., & Fisher, D. G. (2001, April). Correlates of Homelessness Among Drug Users in Long Beach, CA. Paper presented at the 3rd Annual Next Generation Conference, Los Angeles, CA. 2000 Rhodes, F., Wood, M. M., Wood, J. L., Padilla, S. M., Merrick, R. L., & Corby, N. H. (2000, November). An interactive telephone system for prevention among active drug users. Paper presented at the 11th Long Beach Research Symposium, Long Beach, CA. Wood, M. M., & Rhodes, F. (2000, April). An interactive telephone system for prevention among active drug users. Paper presented at the 2nd Annual Next Generation Conference, Los Angeles Department of Health Science 282 1999 Rhodes, F., & Wood, M. M. (1999, November cognitive-behavioral intervention to reduce risks among active drug users [Abstract]. Abstracts of the 127th Annual Meeting of the American Public Health Association (2336), Chicago, IL. Rhodes, F., & Wood, M. M. (2000, June seroprevalence and incidence in three samples of drug users in Long Beach: Men who have sex with men (MSM), female sex workers (FSW), and heterosexual men and women (HMW). Paper presented at the 2000 Consensus Meeting for the California State Office of AIDS, San Diego, CA. Rhodes, F., & Wood, M. M. (2000, November cognitive-behavioral intervention to reduce risks among active drug users. Paper presented at the 11th Long Beach Research Symposium, Long Beach, CA. Rhodes, F., Wood, M. M., & Wood, J. L. (1999, November). College students\u2019 perceptions of cigar versus cigarette smoking [Abstract]. Abstracts of the 127th Annual Meeting of the American Public Health Association (1232), Chicago, IL. Rhodes, F., Wood, M. M., Wood, J. L., Padilla, S. M., Merrick, R. L., & Corby, N. H. (1999, November). An interactive telephone system for prevention among active drug users [Abstract]. Abstracts of the 127th Annual Meeting of the American Public Health Association (2336), Chicago, IL. 1998 Corby, N., Shedlin, M. G., & Wood, M. M. (1998, July). Motherhood as an opportunity for risk reduction among crack-using women [Abstract]. Abstracts of the 12th World Conference (43264), Geneva, Switzerland. Malotte, C. K., Shedlin, M. G., Rhodes, F., & Wood, M. M. (1998, July). Using perceived status and personal functionality to inform risk-reduction programs for crack users [Abstract]. Abstracts of the 12th World Conference (43241), Geneva, Switzerland. Wood, M. M., Shedlin, M. G., Padilla, S. M., & Malotte, C. K. (1998, July). Gender differences in sexual risk behaviors associated with crack cocaine use: Implications for risk reduction [Abstract]. Abstracts of the 12th World Conference (23425), Geneva, Switzerland. Rhodes, F., Wood, M. M., Janson, M. A., & Klahn, J. A. (1998, August). Perception of current treatments and perceived need for protective measures among Long Beach men who have sex with men. Paper presented at the Meeting of the Prevention and Community Planning Group, Long Beach, CA. Wood, M. M., Wood, J. L., & Rhodes, F. (1998, December). College students\u2019 perceptions of cigar versus cigarette smoking. Poster presented at the Conference: Clearing the Air, Los Angeles, California Department of Health Science 283 1997 Rhodes, F., Carlson, R. G., Claverie, D. J., Kochems, L. M., Weir, B., Wood, M. M., Deren, S., Falck, R. S., Lambert, E. Y., Rourke, K. M., Stark, M. J., & Wright-DeAg\u00fcero, L. (1997, April). Understanding risks of men who have sex with men. Paper presented at the Twentieth Substance Abuse Research Consortium Meeting, San Diego, CA. 1996 Deren, S., Stark, M. J., Rhodes, F., Siegal, H. A., Cottler, L. B., Wood, M. M., Kochems, L., Carlson, R. G., Rourke, K., Trotter, R., Weir, B., Wright-DeAg\u00fcero, L., Cesari, H. R., Lambert, E. Y., Goldstein, M., & Falck, R. (1996, November). Drug injecting and crack using men who have sex with men five site study of drug and sex behaviors and identities [Abstract]. Abstracts of the 124th Annual Meeting of the American Public Health Association, (#2251), New York, NY. Malotte, C. K., Wood, M. M., & Rhodes, F. (1996, July risk behaviors and beliefs of homeless and non-homeless out-of-treatment drug users [Abstract]. Abstracts of the International Conference on (Tu.C.2534), Vancouver, Canada. Rhodes, F., & Wood, M. M. (1996, May cognitive-behavioral intervention to reduce risk in out-of-treatment drug users. Paper presented at the Cooperative Agreement Steering Committee Meeting. Trotter, R. T., Deren, S., Rhodes, F., Siegal, H., Cottler, L., Wood, M. M., Kochems, L., Carlson, R., Rourke, K., Weir, B., Wright-DeAg\u00fcero, Cesari, H., & Lambert, E. (1996, November). Drug-Using men who have sex with men typology of personal networks and their relationship to and drug use risks [Abstract]. Abstracts of the 124th Annual Meeting of the American Public Health Association, New York, NY. Wood, M. M., & Rhodes, F. (1996, November). Personal identification, social relationships, and sexual behavior of drug-using non-gay-identified men who have sex with men. Paper presented at the American Anthropological Meeting, San Francisco, CA. Wood, M. M., & Rhodes, F. (1996, September). An effective prevention strategy for out-of- treatment drug users. Paper presented at the City of Los Angeles Symposium: New Directions to Treatment and Prevention for Drug Users, Los Angeles, CA. Wood, M. M., Rhodes, F., & Malotte, C. K. (1996, July). Pilot study of drug-using men who have sex with men: Access and intervention strategies [Abstract]. Abstracts of the International Conference on (Tu.C.2412), Vancouver, Canada Department of Health Science 284 2014 2013 Faculty Recognition: Outstanding Scholarly and Creative Activity, College of Health and Human Development Fullerton 1) 2008 Delta Omega Honorary Society in Public Health, Iota Chapter, University of California, Los Angeles. 2006 National Center for the Study of Terrorism and Responses to Terrorism (START) Fellowship, University of Maryland ($5,000). 2005 National Center for the Study of Terrorism and Responses to Terrorism (START) Fellowship, University of Maryland ($5,000). 2004 Incentive Award, Department of Epidemiology School of Public Health ($400). 2002-2003 Celia and Joseph Blann Fellowship School of Public Health ($17,000). 1999-2002 Pre-Doctoral Fellowship Training Program on Psychosocial Issues and Mental Health Services for Persons living with Department of Sociology ($45,000 plus tuition, fees, and travel). 1987 Phi-Beta Kappa, Cum Laude; University of California, Irvine Department of Health Science 285 Member, American Public Health Association (1997-present 1 Disasters Journal, Manuscript Review (August, 2013 2) Risk Analysis, Manuscript Review (May, 2013 2) American Journal of Public Health, Manuscript Review (May, 2013 2) Natural Hazards Journal, Manuscript Review (2011, 2012 2) Risk Analysis, Manuscript Review (2011 2) Reviewer, Public Response to Alerts and Warnings on Mobile Devices: Summary of a workshop on current knowledge and research gaps (2011, April), Computer Science and Telecommunications Board, National Research Council - The National Academies, Washington 2) Minerva, Manuscript Review (2010 2) Journal of Emergency Management, Manuscript Review (2008-2012 2) Children, Youth Environments, Manuscript Review (June, 2007) Crime and Delinquency, Special Issue, Manuscript Review (January, 2004) Women and Health, Manuscript Review, (1998 Grant Proposal Review Panel, U.S. National Oceanic and Atmospheric Administration, Coastal Storm Awareness Program (December 2013 2) Grant Proposal Review, National Science Foundation (October, 2012 2 Department of Health Science 286 Grant Proposal Review Emergency Management Evaluation Center (VEMEC) (June, 2012 2) Grant Review Panel: CSAP; Ecstasy, Other Club Drugs, Methamphetamine, and Inhalant Prevention Intervention Cooperative Agreements, (September, 2002 Keynote Speaker, (2014, December). \u201cDesigning Risk Communication Systems to Mitigate Disaster\u2014Why Multiple Disciplines Matter (Invited Keynote Address).\u201d Paper presented at the International Conference on Decision Support Systems for Early Warning and Mitigation of Disaster, National Institute of Technology, Durgapur, West Bengal, India 2) Session Organizer, (2014, June). \u201cWireless Emergency Alerts\u2014The Edge of the Wave: Current Research and Pathways Forward\u201d, Panel at the 39th Annual Natural Hazards Research and Applications Workshop, University of Colorado Boulder, June 22-25, Broomfield 2) Session Organizer, (2013, July). \u201cPublic Alert and Warning Messages for Mobile Devices\u201d, Panel at the 38th Annual Natural Hazards Research and Applications Workshop, University of Colorado Boulder, July 13-16, Broomfield 2) Co-Chair/Co-Host, Planning Committee, (2013). \u201cEmergency Public Health and Disasters Conference, May 19-22, Torrance 3) Session Organizer and Moderator, (2013, May). \u201cCommunity Partnerships for Emergency Public Health\u201d, Emergency Public Health and Disasters Conference, May 19-22, Torrance 2) Planning Committee Member, the 4th Annual Veterans Emergency Management Evaluation Center (VEMEC) Conference, (2013, March 25-26), Georgetown University Hotel and Conference Center, Washington 2) Session Organizer and Moderator, (2013, March). \u201cThe Whole is Greater than the Sum of its Parts: Increasing Multi-Sectoral Engagement for Building Community Resilience to Disasters\u201d, the 4th Annual Veterans Emergency Management Evaluation Center (VEMEC) Conference, March 25-26, Georgetown University Hotel and Conference Center, Washington 2) Co-Chair, Planning Committee, Stakeholder Workshop: Comprehensive Testing of Imminent Threat Public Messages for Mobile Devices, November 13, Washington 3) Wood, M. M. (2011, July). Panel Moderator: Role of the Public in Loss-Reduction Policy and Practice, 36th Annual Natural Hazards Workshop, University of Colorado Boulder, Broomfield 2 Department of Health Science 287 Evaluation Plan for the Southern California Earthquake Center Communication, Education, & Outreach Program, Consultant for Southern California Earthquake Center (April, 2015 2) ShakeOut Evaluation Overview and Pathways Forward, Oral presentation reporting to the Earthquake Country Alliance (ECA) Leadership Symposium, University of Southern California, Los Angeles, California (February 17, 2015 2) Invited Presenter/Participant, \u201cActionable Risk Communication\u201d, National Science Foundation Funded Workshop, Disaster Communication: Redesigned, University of Kentucky, College of Communication and Information, Division of Risk Sciences, Lexington (November 10-11, 2014 2) Advisory Member, California Earthquake Early Warning System Education & Training Committee (August, 2014 \u2013 present 2) Member, Federal Emergency Management Agency (FEMA) and American Red Cross (ARC) Message Framing Workgroup (2013 2) Subject Matter Expert, Panel on \u201cResilient Individuals\u201d, American Red Cross Day at the White House, White House Champions for Change, Washington (September 14, 2012 2) Training Participant, \u201cMobilizing for Action Through Planning & Partnership (MAPP)\u201d, offered to Health Resources & Services Administration (HRSA) grantees by the National Assoc. for County and City Health Officials, Washington (August 7-8, 2012 1) Invited Participant, \u201cAwareness to Action workshop on motivating the public to prepare\u201d, the American Red Cross and the Federal Emergency Management Agency (FEMA), Washington (June 27-28, 2012 2) Invited Participant, Collaborative Workshop, \u201cSetting the Standards: Developing Training Curriculum for Local Officials on Communicating with the Public about Homeland Security Threats,\u201d the National Consortium for the Study of Terrorism and Responses to Terrorism (START), Atlanta, Georgia (February 6-7, 2012 2) Committee Member, Committee on Public Response to Alerts and Warnings Using Social Media: Current Knowledge and Research Gaps, Computer Science and Telecommunications Board, National Research Council - The National Academies, Washington (August 2011 \u2013 July 2012 3 Station Fire Rapid Response Survey and Public Warning Metric, Consultant for Center: Data Processing, Analysis, Summary, and Interpretation (Sept., 2010 2 Department of Health Science 288 Faculty Mentor, Minority Health and Health Disparities International Research Training (MHIRT) Program, Summer 2015 2) Member, Faculty Hearing Committee, Fall 2012 \u2013 present 2) Member, President\u2019s Scholars Committee, Spring 2013 2) Public Health Coordinator, University Emergency Operations Center (EOC), Feb. 2011-present 2) Great Shake Out Ad Hoc Administrative Committee, Co-Leader for group planning and coordinating campus-wide events for ShakeOut 2010 and 2011 campus earthquake drills State University, Fullerton, 2010-present 2 Member, 2015 Junior/Senior Intramural Grants Committee, College of Health and Human Services State University, Fullerton, 2013-2015 2) Member, Dean\u2019s Faculty Advisory Board, College of Health and Human Services State University, Fullerton, 2013-2015 2) Member, Retreat Planning Committee, College of Health and Human Services State University, Fullerton, 2011, 2012, 2013 2) Advisory Board Member, Center for Boys & Men: Research and Outreach, Spring 2011-present 2) Health Promotion Research Institute, Member State University, Fullerton, 2009-present 2 Member, Department Personnel Committee 2) Chair, Search Committee for Tenure-Track Faculty (standing), Statistics Position (#23603G-15- 023), Health Science Department, 2014-2015 3) Member, Admissions Committee (standing), Fall 2014 - Spring 2015 2 Department of Health Science 289 Member, Comprehensive Exam Committee (ad hoc), Fall 2014 \u2013 Spring 2015 1) Member, Admissions Committee (standing), Fall 2013 - Spring 2014 2) Member, Comprehensive Exam Committee (ad hoc), Fall 2013 \u2013 Spring 2014 1) Chair, Search Committee for Tenure-Track Faculty (standing), Gerontological Position (#23603G- 14-003), Health Science Department, Fall 2013 3) Organizer, From Here to Public Health Roadmap to Get You There! Student Conference About Getting an and Pursuing a Career in Public Health (April 18, 2013), Spring 2013 3) Member, Search Committee Tenure-Track Faculty (standing), Nutrition Position (23603G-13- 002), Health Science Department, Fall 2012 2) Organizer, From Here to Public Health Roadmap to Get You There! Student Conference About Getting an and Pursuing a Career in Public Health (May 2, 2012), Spring 2012 3) Chair, Personnel Standards Committee (ad hoc), Health Science Department, Spring 2012 2) Member, Search Committee for Tenure-Track Faculty (standing), Gerontological Health Position (23603G-12-007), Health Science Department, Fall 2011 2) Director, California-Nevada Public Health Training Center PHTC), Fullerton Campus, Jan. 2011-present 3) Member Graduate Committee (standing), Health Science Dept State University, Fullerton, 2009-present 2 Wood, M. M. (2014, Oct. 16). Comprehensive Testing of Imminent Threat Public Messages for Mobile Devices, guest lecture for course 500, Issues in Public Health, Master\u2019s of Public Health program, California State University, Fullerton, Fullerton 1) Wood, M. M. (2011, Nov. 16). Sexuality and Aging, guest lecture for course: GE80, Frontiers in Human Aging, Undergraduate Cluster Program, University of California, Los Angeles, Los Angeles 1) Wood, M. M. (2010, Sept. 27). Motivating public readiness for disasters, guest lecture for course 500, Issues in Public Health, Master\u2019s of Public Health program, California State University, Fullerton, Fullerton 1 Department of Health Science 290 Wood, M. M. (2010, June 10). Motivating public readiness for disasters, guest lecture for course: Societal Impacts of and Responses to Terrorism, taught by Jeanette Sutton, PhD, Graduate Certificate in Terrorism Analysis Program, the University of Maryland, College Park 1) Wood, M. M. (2009, Sept. 14 prevention for drug users and disaster preparedness, guest lecture for course 500, Issues in Public Health, Master\u2019s of Public Health program, California State University, Fullerton, Fullerton 1 Member Aftershock Automated Advisory Messaging Project (2015). Provided data and expert input to inform and revise the messages generated by the Aftershock Automated Advisory System 2) Training Co-Developer, Coordinated development of the \u201cSocial Media for Public Health Providers Certificate Program: Getting Social for Better Health\u201d (2013). Conceptualized and coordinated the development of eleven sessions in a twenty-part training series certificate program created for the California-Nevada Public Health Training Center, developed in partnership with Loma Linda University, Loma Linda 2) Training Developer, Public Health Communication Certificate Program: Better Communication for Better Health (2013). Conceptualized and developed an eight-part training series certificate program created for the California-Nevada Public Health Training Center, conducted in partnership with the Orange County Health Care Agency, Santa Ana 3) Facilitator, Health Promotion Research Institute, Town Hall Forum (Mar. 16, 2012). Facilitated discussion and activity for the Sexual Health Group 1) Advisor, \u201cCommunity Resilience Pilot\u201d, American Red Cross, Palm Springs (April 4, 2011 2) Chair, Research & Evaluation Committee, Earthquake Country Alliance (2011-Present 3) Member, Evaluation Committee, Earthquake Country Alliance (2010-2011 2) Associate, Earthquake Country Alliance (2010-present 2) Health Promotion Research Institute Town Hall Forum, Lead Faculty for Program Evaluation Tabletop Exercise (Feb. 5, 2010 1) Great California ShakeOut 2009-Present, Southern California Earthquake Center, Evaluator: Lead development of questionnaire, implementing online survey, obtaining approval, corresponding with survey participants (Sept., 2009 \u2013 Present 2 Department of Health Science 291 Long Beach Prevention Community Planning Group, Member (1994-1997). Long Beach Advisory Committee for Teen Pregnancy Prevention Services, Member (1996-1997). Los Angeles County and Substance Abuse Task Force, Member (1994-1995 Wood, M. M. (2012, November 28). Trainer. Making a difference with Healthy People: Using the Healthy People 2020 Website to Improve your Programs, workshop created for the California-Nevada Public Health Training Center, conducted at the Orange County Health Care Agency, Santa Ana 2) Wood, M. M. (2012, July 24). Trainer. Where does health begin? Multiple levels of prevention and intervention, workshop created for the California-Nevada Public Health Training Center, conducted at the Orange County Health Care Agency, Santa Ana 2) Heslin, K. C., & Wood, M. M. (2012, June 21). Trainer. Health care reform: What\u2019s new and how will it affect you? workshop created for the California-Nevada Public Health Training Center, conducted at the Orange County Health Care Agency, Santa Ana 2) Wood, M. M. (2012, May 23). Trainer. What is Public Health? Understanding your profession, workshop created for the California-Nevada Public Health Training Center, conducted at the Orange County Health Care Agency, Santa Ana 2) Greene, C., & Wood, M. M. (2011, August 31). Trainer. Using social media in public health programs, workshop created for the California-Nevada Public Health Training Center, conducted at the Orange County Health Care Agency, Santa Ana 2) Wood, M. M. (2008-2009). Trainer. Program evaluation for the Violence Prevention Coalition of Greater Los Angeles \u201chands on\u201d four-workshop series for community-based organizations. Ongoing workshop series for Violence Prevention Providers conducted in Los Angeles for the Southern Injury Prevention Research Center with funding from the California Wellness Foundation 2) Wood, M. M. (2008, March). Trainer. How to Get it Published: From Conference to Press! Full- day workshop conducted in Los Angeles for the Pacific Public Health Training Center. Wood, M. M. (2007, August). Trainer. You\u2019ve Done the Work, Now Get it Published! Half-day workshop conducted in Los Angeles for the Pacific Public Health Training Center. Wood, M. M. (2006, January). Trainer. Evaluation of Community Health Programs. Two-hour training conducted in San Diego for the Pacific Public Health Training Center Department of Health Science 292 Wood, M. M. (2005, June). Trainer. You\u2019ve Done the Work, Now Get it Published! Half-day workshop conducted in Los Angeles for the Pacific Public Health Training Center. Wood, M. M., & Buitr\u00f3n, M. A. (2001, June). Trainer. Group Strategies for Reducing Risk. Two-day workshop conducted in Napa for the Center for Behavioral Research and Services. Wood, M. M., & Buitr\u00f3n, M. A. (2001, June). Trainer. Strengthening Treatment-Based Prevention Interventions. One-day workshop conducted in Long Beach for the Center for Behavioral Research and Services. Wood, M. M., & Archuleta, E. (2000, June). Trainer. Group Strategies for Reducing Risk. One-day workshop conducted in Long Beach for the Center for Behavioral Research and Services. Wood, M. M., & Archuleta, E. (2000, June). Trainer. Strengthening Existing Prevention Interventions. One-day workshop conducted in Long Beach for the Center for Behavioral Research and Services. Wood, M. M., Buitr\u00f3n, M. A., & Archuleta, E. R. (2000, March). Group Strategies for Reducing Risk. Two-day workshop conducted in San Bernardino for the Center for Behavioral Research and Services. Wood, M. M., Buitr\u00f3n, M. A., & Archuleta, E. R. (1999, August). Group Strategies for Reducing Risk. Two-day workshop conducted in Oakland for the Center for Behavioral Research and Services Wood, M. M. (2011, July 15). Trainer. How to motivate preparedness: Communicating actionable risk, online tutorial created for the California-Nevada Public Health Training Center 2) Weiss, B., Wood, M. M., & Healy, D. (2010). Trainer. Measuring success: Effective data & evaluation strategies for cities, webinar hosted by the Prevention Institute for city leaders 2 Heslin, K. (2012, November 30). Health Care Reform: What\u2019s New and How Will It Affect You? Workshop organized by M. M. Wood for the California-Nevada Public Health Training Center, conducted at the Orange County Health Care Agency, Santa Ana 2 Department of Health Science 293 Heslin, K. (2012, October 31). Health Care Reform: What\u2019s New and How Will It Affect You? Workshop organized by M. M. Wood for the California-Nevada Public Health Training Center, conducted at the Orange County Health Care Agency, Santa Ana 2) Greene, C. (2012, August 30). Getting Social: Using CDC\u2019s Guidelines for Incorporating Social Media in your Public Health Program. Workshop organized by M. M. Wood for the California-Nevada Public Health Training Center, conducted at the Orange County Health Care Agency, Santa Ana 2) Yang, J. (2012, August 30). Theory in a Thumbnail: Using Theory to Improve Public Health Programs. Workshop organized by M. M. Wood for the California-Nevada Public Health Training Center, conducted at the Orange County Health Care Agency, Santa Ana 2) Heslin, K. (2012, August 28). Health Care Reform: What\u2019s New and How Will It Affect You? Workshop organized by M. M. Wood for the California-Nevada Public Health Training Center, conducted at the Orange County Health Care Agency, Santa Ana 2) Heslin, K. (2012, August 17). Health Care Reform: What\u2019s New and How Will It Affect You? Workshop organized by M. M. Wood for the California-Nevada Public Health Training Center, conducted at the Orange County Health Care Agency, Santa Ana 2) Yang, J. (2012, August 16). Mixing it Up! Politics in Public Health. Workshop organized by M. M. Wood for the California-Nevada Public Health Training Center, conducted at the Orange County Health Care Agency, Santa Ana 2) Yang, J. (2012, April 26). Making it Work: Using Evaluation to Plan, Manage, and Improve Public Health Programs. Workshop organized by M. M. Wood for the California-Nevada Public Health Training Center, conducted at the Orange County Health Care Agency, Santa Ana 2) Yang, J. (2012, March 29). Staying on Track: Creating a Roadmap to Guide Program Planning and Evaluation. Workshop organized by M. M. Wood for the California-Nevada Public Health Training Center, conducted at the Orange County Health Care Agency, Santa Ana 2) Tanjasiri, S. (2011, August 9). From Health Disparities to Health Equity: Navigating Upstream. Workshop organized by M. M. Wood for the California-Nevada Public Health Training Center, conducted at the Orange County Health Care Agency, Santa Ana 2) Yang, J. (2011, July 19). Staying on Track: Using Logic Models in Program Evaluation. Workshop organized by M. M. Wood for the California-Nevada Public Health Training Center, conducted at the Orange County Health Care Agency, Santa Ana 2) McEligot, A. (2011, June 3). Nutrition and Physical Activity in Native Hawaiians and Pacific Islanders. Workshop organized by M. M. Wood for the California-Nevada Public Health Training Center, conducted at the Orange County Health Care Agency, Santa Ana 2 Department of Health Science 294 Yang, J. (2013, January 17). Economic evaluation of health programs. Online tutorial organized by M. M. Wood for the California-Nevada Public Health Training Center 2) Anzora, J., Haller, M, Keovongsa, N., Kiamzon, E., & Reighter, M. (2012, December 11). How to Become a Health Inspector! The Registered Environmental Health Specialist (REHS). Online tutorial organized by M. M. Wood for the California-Nevada Public Health Training Center. (Student Project 2) Yang, J. (2012, December 11). Applying Behavior Change Theory to Public Health Programs. Online tutorial organized by M. M. Wood for the California-Nevada Public Health Training Center 2) Yang, J. (2012, September 17). Using Logic Models in Public Health Programs. Online tutorial organized by M. M. Wood for the California-Nevada Public Health Training Center 2 Department of Health Science 295 Joshua S. Yang, Ph.D., M.P.H. Department of Health Science (657) 278-4384 California State University, Fullerton (657) 278-5317 (F) 800 N. State College Boulevard [email protected] 161A Fullerton 92834 2015-Present Associate Professor, Department of Health Science California State University, Fullerton 2009-2015 Assistant Professor, Department of Health Science California State University, Fullerton 2007-2009 Postdoctoral Fellow, Center for Tobacco Control Research and Education University of California, San Francisco 2005-07 Senior Researcher Center for Health Policy Research 2001-05 Graduate Student Researcher, University of California, Los Angeles Project, School of Education 2007-09 Center for Tobacco Control Research and Post-doctoral fellowship Education & Philip R. Lee Institute for Health Policy Studies Postdoctoral Training Program, University of California, San Francisco 2001-05 University of California, Los Angeles Ph.D. Public Health (minor: Sociology) 1999- 2001 University of California, Los Angeles M.P.H. Community Health Sciences 1994-98 University of California, Los Angeles B.S. Physiological Sciences 2004 Best Student Abstract, \u201cCultural racism: Understanding the unique processes of racial prejudice and discrimination for Asians in the United States,\u201d Asian Pacific Islander Caucus of the American Public Health Association. November 2004 Department of Health Science 296 2001 Teaching Assistant of the Year Public Health Student Association INTEREST: Global health governance, tobacco control, non-communicable diseases, health policy 2015- California Tobacco Control Program, California Department of Public Health. Present \u201cAchieving Tobacco-Related Health Equity Among California\u2019s Diverse Populations\u201d awarded to the American Lung Association of California. Role: Evaluator ($75,000) 2014 Fullerton Chao Family Comprehensive Cancer Center Partnership for Present Cancer Health Disparities Research Pilot Research Grant. \u201cNational and Local Retail Advertising of e-Cigarettes Aimed at Ethnic Minorities\u201d Role: Co ($50,000). 2014- National Cancer Institute State and Community Tobacco Control Research Initiative Present \u201cE-cigarette Use among College Students and the Effects of Different Campus Policies\u201d Role: Co ($47,823) 2012 Junior Faculty Grant Fullerton. Role ($4,946.40). 2011 Faculty-Student Research/Creative Activity grant Fullerton. Role: Faculty Advisor ($999). 2010 Probationary Faculty Grant, California State University, Fullerton, Role ($6,500). 2007-2009 Postdoctoral Fellowship Center for Tobacco Control Research and Education 2004 Dissertation Grant, California Program on Access to Care. Role ($9,013). Doctoral Research Fellowship Quality of Graduate Education Fellowship ($2,000) Graduate Research Grant, Institute for American Cultures ($1,500) 2002 Doctoral Support Training Program Fellowship ($25,000 Yang, J.S., McDaniel, P.A, Malone, R.E. (2012 question of balance\u2019: addressing the public health impacts of multinational enterprises in the Guidelines for Multinational Enterprises. Global Public Health, 7(10):1045-1061 Department of Health Science 297 Mamudu, H., Yang, J.S., Novotny, T.E. (2011 Resolution on the Prevention and Control of Non- Communicable Diseases: An Opportunity for Global Action. Global Public Health, 6(4):347-353. Kahn, J.G., Yang, J.S., Kahn, J.S. (2010). Mobile\u2019 health needs and opportunities in developing countries. Health Affair, 29(2):254-260. Yang, J.S. and Novotny, T.E. (2009). Policy coherence in tobacco control: Beyond regulation. PLoS Medicine, 6(5):e1000079. doi:10.1371/journal.pmed.1000079. Yang, J.S. (2009). \u201cThe Anti-Chinese Cubic Air Ordinance.\u201d American Journal of Public Health, 99(3):440. Yang, J.S. and Malone, R.E. (2008). \u2018Working to shape what society\u2019s expectations of us should be\u2019: Philip Morris\u2019s societal alignment strategy. Tobacco Control, 17:391-398. Yang, J.S. (2008). Contextualizing immigrant access to health resources. Journal of Immigrant and Minority Health, 12(3):340-353. Yang, J.S. and Kagawa-Singer, M. (2007). Increasing access to care for cultural and linguistic minorities: ethnicity-specific organizations and infrastructure Journal of Health Care for the Poor and Underserved, 18(3):532-549 Joshua S. Yang, \u201cSystems of support: Home and school contexts of Asian and Latina/o high school students,\u201d in W.R. Allen, E. Kimura-Walsh, K.A. Griffin (eds.), Toward a Brighter Tomorrow: College Barriers, Hopes, and Plans of Black, Latino/a and Asian American Students in California. Charlotte, N.C.: Information Age Publishing, Inc., 2009. Walter R. Allen, Susan A. Suh, Gloria Gonzalez, and Joshua S. Yang. \u201cQui bono?: Explaining \u2013 or Defending \u2013 winners and losers in the competition for educational achievement,\u201d in E. Bonilla-Silva and T. Zuberi (eds.), White Logic, White Methods: Race and Social Science. New York: Rowman and Littlefield Publishers, Inc., 2008 Joshua S. Yang, \u201cMoving beyond traditional boundaries in public health: Public health and multi-sectoral integration.\u201d Californian Journal of Health Promotion 2011. 9(1):v-vi. Joshua S. Yang, \u201cSchool health education,\u201d in P. Peterson, E. Baker, and B. McGaw (eds.), International Encyclopedia of Education, 3rd Edition. doi:10.1016/B978-0-08-044894-7.01733-4 Joshua S. Yang, \u201cThe effects of pictorial health warning labels review of the evidence.\u201d Report prepared for the World Health Organization, EMRO. February 2010. Joshua S. Yang, \u201cTobacco industry activities in Pakistan.\u201d Report prepared for the World Health Organization, EMRO. March 2009. James G. Kahn, Joshua Yang, James S. Kahn, \u201cThe relationship among economic development, health, and the potential roles of mHealth.\u201d Conference paper, Making the eHealth Connection, July 2008 Department of Health Science 298 Joshua S. Yang and Steven P. Wallace, \u201cExpansion of health insurance in California not likely to act as magnet for undocumented immigration.\u201d Los Angeles Center for Health Policy Research. July 2007. Joshua S. Yang. \u201cOvercoming barriers to healthcare for immigrants: Local solutions for community needs.\u201d Sacramento, CA: California Program on Access to Care, University of California Office of the President. December 2006 Mar 2015 \u201cHegemony and neoliberal political rationality: Reframing the dominant narrative of NCDs for collective action,\u201d World Conference on Tobacco or Health, Abu Dhabi, UAE. Mar 2012 \u201cTobacco control as development policy: Framing the issue using the Guidelines for Multinational Enterprises,\u201d World Conference on Tobacco or Health, Singapore. Mar 2009 \u201cShaping what society\u2019s expectation of us should be\u2019: Philip Morris\u2019s societal Alignment strategy\u201d, Invited presentation, World Conference on Tobacco or Health, Mumbai, India Nov 2015 \u201cEconomic growth and human development: The view from the World Trade Organization\u2019s \u2018World Trade Report 2014\u2019.\u201dAmerican Public Health Association Annual Meeting, Chicago, IL. Nov 2014 \u201cTrade and the political economy of non-communicable diseases.\u201d American Public Health Association Annual Meeting, New Orleans, LA. Nov 2013 \u201cSocial movement for non-communicable disease (NCDs): Lessons from social movement theory and the movement.\u201d American Public Health Association Annual Meeting, Boston, MA. Oct 2012 \u201cAddressing public health impacts of multinational enterprises: The Guidelines for Multinational Enterprises.\u201d American Public Health Association Annual Meeting, San Francisco, CA. Nov 2009 \u201cTransnational tobacco company foreign investment in Pakistan: Models and policy implications.\u201d American Public Health Association Annual Meeting, Philadelphia, PA. Oct 2008 \u201c\u2018Shaping what society\u2019s expectation of us should be\u2019: Philip Morris\u2019s societal alignment strategy.\u201d American Public Health Association Annual Meeting, San Diego, CA. Jun 2008 \u201cPrioritizing international tobacco control in U.S. foreign policy.\u201d Council on Foreign Relations, New York Department of Health Science 299 Feb 2008 \u201cMeeting or rewriting its social contract: Philip Morris\u2019s \u2018societal alignment\u2019 strategy.\u201d Hunter College, New York Nov 2006 closer look at community collaborations: Member engagement and group action.\u201d American Public Health Association Annual Meeting, Boston, MA. Oct 2005 \u201cIncreasing Chinese immigrant access to care: The development and role of ethnic specific health care organizations.\u201d Chinese American Studies Conference, San Francisco, CA. Sep 2005 model to increase access to care for immigrants: Charting the development of San Francisco Chinatown\u2019s ethnic-specific health care system.\u201d New York University Center for the Study of Asian American Health Conference, New York, NY. Nov 2004 \u201cCultural racism: Understanding the unique processes of racial prejudice and discrimination for Asians in the United States.\u201d American Public Health Association Annual Meeting, Washington, D.C. \u201cImmigrant enclaves and health care institutions: Strategies for identifying and mobilizing community resources to meet local needs.\u201d American Public Health Association Annual Meeting, Washington, D.C. Apr 2003 \u201cSchool context and access to higher education: Race-ethnic disparities,\u201d with Marguerite Bonous-Hammarth. American Educational Research Association Annual Meeting, Chicago Dec 2006 \u201cOvercoming barriers to healthcare for immigrants: Local solutions for community needs.\u201d California Program on Access to Care, Sacramento Sep 2015 \u201cMarketing claims in tobacco and e-cigarette retails shops in 3 ethnically diverse communities Chao Family Comprehensive Cancer Center Scientific Retreat. Apr 2013 \u201cHealth and sustainable development: Progress toward the Millennium Development Goals and the Post-2015 Development Agenda Sustainability Symposium, Fullerton, CA. Oct 2010 \u201cUtilizing a virtual community of practice for authentic assessment Environmental Studies masters program Level Assessment Retreat, Anaheim, CA. Feb 2010 \u201cEnvironmental responsibility or greenwashing? Philip Morris\u2019 societal alignment strategy.\u201d Graduate Sustainability Forum, California State University, Fullerton Department of Health Science 300 Sep 2008 \u201c\u2018Working to shape what society\u2019s expectations of us should be\u2019: Philip Morris\u2019s societal alignment strategy.\u201d Tobacco Policy Research Group, University of California, San Francisco. Apr 2008 \u201cU.S. policy coherence on tobacco control.\u201d Tobacco Policy Research Group, University of California, San Francisco 2012-Present Global Health Council 2004-Present American Public Health Association 2016 Reviewer Development in Practice 2015 Reviewer Health Promotion International Drug and Alcohol Review 2014 Reviewer Health Policy and Technology Public Health 2012 Reviewer Health Informatics Journal 2011 Reviewer PLoS Medicine Californian Journal of Health Promotion 2010 Reviewer Tobacco Control 2009 Reviewer International Journal for Quality in Health Care 2008 Consultation, incoming editor Tobacco Control journal critique 2008 Reviewer Critical Public Health Health Research Policy and Systems Journal of Health Care for the Poor and Underserved Tobacco Control 2006 Reviewer International Journal of Health Geographics Department of Health Science 301 Consultation Mar 2014- Pyongyang University of Science and Technology, Pyongyang, North Korea May 2015 Advise on development of School of Public Health Aug 2011 \u2013 Pulmonary Disease Services, Orange County Health Care Agency Dec 2013 Advise on organizational efficiencies Aug 2010 Ministry of Health, Arab Republic of Egypt Consult Ministry of Health and other governmental bodies on national policy on tobacco health warning labels 2008-2010 Tobacco Free Initiative, World Health Organization Prepare reports on various topics of importance to the Eastern Mediterranean Region Office 2000-2007 Prevention Program, Los Angeles Unified School District Direct administration of Youth Risk Behavior Survey Professional Service Mar 2015 Session co-organizer, \u201cFraming NCDs for action: Insight and innovation from the next generation of public health leaders,\u201d World Conference on Tobacco Or Health, Abu Dabi, UAE. Mar 2015 Abstract reviewer, Alcohol, Tobacco and Other Drug Section and Trade and Health Forum, American Public Health Association Mar 2013 Abstract reviewer, Trade and Health Forum, American Public Health Association Oct 2012- Trade and Health Forum, American Public Health Association Present (Chair, Nov 2013-Present; Secretary, Nov 2012-Nov 2013) Community Service Oct 2015 Panelist, The United Nations at 70 \u201cHealth and Human Rights Health, Governance, and the Sustainable Development Goals\u201d United Nations Association of the United States, Orange County Chapter Apr 2014- Tutor, People\u2019s Open Access Education Initiative Present Jun 2014 Consultation, On-line Training Development \u201cIntroduction to Public Health\u201d California-Nevada Public Health Training Center Aug 2012 Trainer, \u201cPolitics in Public Health\u201d California-Nevada Public Health Training Center August 16, 2012 Department of Health Science 302 Trainer, \u201cTheory in a Thumbnail\u201d California-Nevada Public Health Training Center August 30, 2012 Jul 2012 Consultation, On-line Training Development \u201cTheory in a Thumbnail\u201d \u201cCost-Outcome Analysis\u201d California-Nevada Public Health Training Center Apr 2012 Trainer, \u201cMaking It Work: Using Evaluation to Plan, Manage, and Improve Public Health Programs\u201d California-Nevada Public Health Training Center April 26, 2012 Mar 2012 Trainer, \u201cStaying on track! Creating a roadmap to guide program planning & evaluation\u201d California-Nevada Public Health Training Center March 29, 2012 Jul 2011 Trainer, \u201cStaying On Track: Using Logic Models in Program Evaluation\u201d California-Nevada Public Health Training Center July 19, 2011 Consultation, Online-Training Development \u201cIntroduction to Logic Models\u201d California-Nevada Public Health Training Center Oct 2010 Judge Experienced Commercial Leadership Program October 29, 2010 2006-07 The Shaw, Inc. Coordinate health outreach for community development organization 2006-07 10 North Global Health Initiative Develop organizational framework for international health outreach organization 2005 Sustainable Development Research Foundation Lead post-tsunami redevelopment team 2009-Present California State University, Fullerton Health Science 424, Health Policy Health Science 440, Determinants of Health Behavior Health Science 465, Introduction to International Health Health Science 475, Health Science Planning, Research and Evaluation Health Science 481, Health in a Global Society Health Science 500, Issues in Public Health Health Science 540, Advanced Health Promotion and Disease Prevention 2012 University of California, Los Angeles Department of Health Science 303 Guest lecturer, \u201cArchival research,\u201d Anthropology 157 2006, 2007 University of California, Los Angeles Guest Lecturer, \u201cAnalysis in qualitative research,\u201d Community Health Sciences M216 2000-2004 Teaching Assistant, University of California, Los Angeles Community Health Sciences 100, Introduction to Community Health Sciences Community Health Sciences 210, Advanced Community Health Sciences Community Health Sciences 487, Community Organizing for Health Community Health Sciences 483, Leadership, Development and Empowerment for Health Promotion"} |
8,268 | George Abashidze | Pennsylvania State University - University Park | [
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] | {"8268_101.pdf": "sexual-abuse-allegations/article_d89022d4-6059-11e9-8fad-e3b5b977cc87.html Fencing assistant coach \u2018no longer with\u2019 Penn State following sexual abuse allegations David Eckert | The Daily Collegian Apr 16, 2019 Assistant coach George Abashidze talks with a group of foil fencers after thier bouts with Yale during the duel in the White Building on Saturday, Jan. 16, 2016. Nick Thomas 2/17/25, 3:26 Fencing assistant coach \u2018no longer with\u2019 Penn State following sexual abuse allegations | University Park Campus News | psucollegi\u2026 1/3 Former fencing assistant coach George Abashidze is \u201cno longer with the university,\u201d a Penn State Athletics spokesperson told The Daily Collegian. The Collegian reported that Penn State had placed Abashidze on administrative leave back in September. The U.S. Center for SafeSport, a nonprofit organization seeking to end abuse within American athletics, lists sexual misconduct and sexual harassment violations under Abashidze\u2019s name within its database of disciplinary records. Specific details of the reported harassment were never released. Abashidze was also suspended three years by Fencing, where he was previously involved. Penn State has a job posting for a replacement assistant fencing coach 2/17/25, 3:26 Fencing assistant coach \u2018no longer with\u2019 Penn State following sexual abuse allegations | University Park Campus News | psucollegi\u2026 2/3 David Eckert Penn State fencing assistant coach placed on administrative leave after sexual misconduct violations surface 2/17/25, 3:26 Fencing assistant coach \u2018no longer with\u2019 Penn State following sexual abuse allegations | University Park Campus News | psucollegi\u2026 3/3", "8268_102.pdf": "Home \u00bb News \u00bb Local News \u00bb Judge Dismisses Lawsuit Accusing Penn State, Fencing Coach of Covering Up Sexual Misconduct by Assistant By Geoff Rushton \u2013 May 17, 2022 Latest Penn State News, Local & Penn State Sports, Local News, Penn State, Police and Crime News federal judge has dismissed a North Carolina woman\u2019s lawsuit that alleged Penn State and fencing coach Wes Glon attempted to cover up sexual misconduct by a former assistant coach. Fencing club owner and instructor Jennifer Oldham alleged the university was negligent in its handling of a report that assistant fencing coach George Abashidze sexually harassed and assaulted her on a December 2017 flight and that Glon and Abashidze attempted to defame and silence her word from our Ad partners 2/17/25, 3:26 Judge Dismisses Lawsuit Accusing Penn State, Fencing Coach of Covering Up Sexual Misconduct by Assistant | State College 1/9 In a ruling filed last week, U.S. District Judge Matthew Brann dismissed all seven counts of Oldham\u2019s complaint against the university, Glon, Abashidze and Title coordinator Christopher Harris. Brann wrote that \u201cthe lack of an established relationship with Penn State and absence of certain material allegations necessitate dismissal.\u201d The university, however, did not escape criticism, with Brann invoking the Jerry Sandusky scandal in the 71-page opinion accompanying his order. \u201cWe have seen this show before: a long-tenured, highly regarded Penn State athletic coach covering up alleged sexual abuse by an assistant coach,\u201d Brann wrote. \u201cSome lessons should only need to be learned once. \u201cThat said, the particularities of the present case make it meaningfully different than its tragic, shameful precedent involving Jerry Sandusky. Oldham, a private fencing instructor with no direct connection to Penn State or its fencing program, was allegedly assaulted on a commercial flight from Oregon to Chicago following a national fencing tournament. Because she failed to timely raise certain allegations, include essential facts, and demonstrate an established relationship with Penn State, Oldham has not made out a case against the University or its Title coordinator and fencing coaches.\u201d Oldham accused Abashidze of making numerous lewd comments, touching her without consent and repeatedly demanding that she have sex with him, all within earshot of other passengers, during the flight on Dec. 12, 2017 while returning from the Fencing North America Cup tournament. Mid-flight, Abashidze allegedly thrust his hand between Oldham\u2019s legs and groped her. The lawsuit alleged Glon was made aware of the incident but refused to report it to Penn State. Oldham also accused him of discouraging her from reporting it to the U.S. Center for SafeSport, the nonprofit entity authorized to respond to sexual misconduct within U.S. Olympic sport programs, telling her that no one would believe her. Third-party allegations were filed with SafeSport and in June 2018, Oldham\u2019s husband independently reported the incident to Penn State\u2019s athletic department and Title office Penn State investigation substantiated Oldham\u2019s allegations against Abashidze, but determined he had not violated any university policy and did not address Glon\u2019s alleged failure to disclose the incident. 2/17/25, 3:26 Judge Dismisses Lawsuit Accusing Penn State, Fencing Coach of Covering Up Sexual Misconduct by Assistant | State College 2/9 Penn State eventually fired Abashidze in 2019 after he was suspended from Fencing. Oldham alleged Penn State only acted \u201cwhen it had no choice,\u201d because Abashidze\u2019s suspension from Fencing meant he could not work as an fencing coach. Oldham alleged that she was subjected to harassment online and in-person and that Glon went as far as to interfere with her prospects for employment as a coach at the University of North Carolina. Brann dismissed Oldham\u2019s claims of Title violations because she was never a student or employee of the university defamation claim was dismissed because, Brann wrote, Oldham did not specify in her filings what was said, to whom or when. Claims of negligence, battery and infliction of emotional distress also were dismissed. Five counts of the lawsuit were dismissed with prejudice. Brann dismissed two counts without prejudice \u2014 defamation and negligent failure to train and supervise \u2014 and gave Oldham until June 3 to file an amended complaint for those. Glon was temporarily suspended by SafeSport and Fencing in August 2021, but was reinstated in November following a hearing before an arbitrator. He and the university are defendants in a separate lawsuit brought last month by a former Penn State fencer who accused Glon of abusing her and other female fencers and the university of failing to address complaints. 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StateCollege.com Privacy Policy page word from our Ad partners 2/17/25, 3:26 Judge Dismisses Lawsuit Accusing Penn State, Fencing Coach of Covering Up Sexual Misconduct by Assistant | State College 9/9", "8268_103.pdf": "From Casetext: Smarter Legal Research Oldham v. Pa. State Univ Dec 16, 2020 507 F. Supp. 3d 637 (M.D.N.C. 2020) Copy Citation Download Check Treatment Meet CoCounsel, pioneering that\u2019s secure, reliable, and trained for the law. Try CoCounsel free 1:20-cv-466 2020-12-16 Jennifer OLDHAM, Plaintiff, v. The ; Christopher J. Harris, as agent for Penn State in his official capacity; Wieslaw R. Glon, in his official and individual capacities; and George G. Abashidze, in his official and individual capacities, Defendants. Kerstin W. Sutton, Sutton & Lindsay PLLC, Durham, NC, Stephen P. Lindsay, Lindsay Law PLLC, Asheville, NC, for Plaintiff. Patrick Michael Kane, Alexander L. Maultsby, Lisa W. Arthur, Fox Rothschild LLP, Greensboro, NC, for Defendants The Pennsylvania State University, Sign In Search all cases and statutes... Opinion Summaries Case details 2/17/25, 3:26 Oldham v. Pa. State Univ., 507 F. Supp. 3d 637 | Casetext Search + Citator 1/19 D. SCHROEDER, Chief District Judge. Christopher J. Harris. Dixie Thomas Wells, Christopher W. Jackson, Ellis & Winters, LLP, Greensboro, NC, Corey S.D. Norcross, Jeffrey A. Lutsky, Stradley Ronon Stevens & Young LLP, Philadelphia, PA, for Defendant Wieslaw R. Glon. Andrew L. Fitzgerald, Fitzgerald Litigation, Winston- Salem, NC, for Defendant George G. Abashidze. *640 640 Kerstin W. Sutton, Sutton & Lindsay PLLC, Durham, NC, Stephen P. Lindsay, Lindsay Law PLLC, Asheville, NC, for Plaintiff. Patrick Michael Kane, Alexander L. Maultsby, Lisa W. Arthur, Fox Rothschild LLP, Greensboro, NC, for Defendants The Pennsylvania State University, Christopher J. Harris. Dixie Thomas Wells, Christopher W. Jackson, Ellis & Winters, LLP, Greensboro, NC, Corey S.D. Norcross, Jeffrey A. Lutsky, Stradley Ronon Stevens & Young LLP, Philadelphia, PA, for Defendant Wieslaw R. Glon. Andrew L. Fitzgerald, Fitzgerald Litigation, Winston-Salem, NC, for Defendant George G. Abashidze D. SCHROEDER, Chief District Judge. This case arises from an alleged sexual assault committed on a cross-country flight by an employee of the athletic department of Pennsylvania State University. Before the court are three motions: Defendant Wieslaw R. Glon's motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(2), (3), (6), and 28 U.S.C. \u00a7 1406, or in the alternative, to transfer pursuant to 28 U.S.C. \u00a7 1404 (Doc. 22); Defendants Pennsylvania State University (\"Penn State\") and Christopher J. Harris's motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(2), (3), and (6), or in the alternative, to transfer pursuant to 28 U.S.C. \u00a7 1404(a) (Doc. 24); and Defendant George G. Abashidze's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(2) (Doc. 31). For the reasons set forth below, the motions to transfer 2/17/25, 3:26 Oldham v. Pa. State Univ., 507 F. Supp. 3d 637 | Casetext Search + Citator 2/19 will be granted and the case will be transferred to the Middle District of Pennsylvania pursuant to 28 U.S.C. \u00a7 1406(a) and \u00a7 1404(a), rendering the motions to dismiss moot The basic facts alleged in the complaint, as relevant to the motions before the court, are as follows: Plaintiff Jennifer Oldham, a resident of Durham County, North Carolina, is the owner and Head Coach of Mid-South Fencers\u2019 Club, a private fencing club. (Doc. 1 \u00b6 11.) Defendant Penn State is an independently-governed university associated *641 with Pennsylvania's Commonwealth System of Higher Education. (Id. \u00b6 12.) Defendant Harris is Penn State's Title Coordinator. (Id. \u00b6 13.) Defendant Glon is the Head Coach of Penn State's fencing team, and Defendant Abashidze was an Assistant Coach. (Id. \u00b6\u00b6 14, 15.) All three individually-named Defendants in this action are residents of Centre County, Pennsylvania. (Id. \u00b6\u00b6 13\u201315.) 641 1 1 Although Oldham asserts that Abashidze lives in Ohio as of August 17, 2020 (Doc. 27 at 27), Abashidze himself confirmed on September 4, 2020 that, as the complaint alleges, he resides in Pennsylvania (see Doc. 32 at 2). On December 12, 2017, Oldham was seated next to Abashidze on a flight from Portland, Oregon to Chicago O'Hare Airport. (Id. \u00b6\u00b6 1, 6.) Both Oldham and Abashidze were returning from a Fencing North American Cup tournament, which they had each attended in their capacity as coaches. (Id. \u00b6\u00b6 7, 8.) During the course of the flight, Abashidze made numerous, unwelcome lewd comments to Oldham, touched her legs, arms, and face without her consent, and repeatedly demanded that she engage in sexual relations with him. (Id. \u00b6 2.) Somewhere over the Great Plains, Abashidze thrust his hand between Oldham's legs and sexually assaulted her without her consent. (Id. \u00b6 1.) These events were witnessed by a third person seated next to Oldham. (See id. \u00b6\u00b6 9, 53.) Upon returning home to North Carolina, Oldham shared the details of the sexual assault with her husband, Jeff Kallio. (Id. \u00b6 36.) Oldham sought advice about how to deal with the assault from her professional mentor and former fencing coach, Ed Korfanty. (Id. \u00b6 37.) As a 2/17/25, 3:26 Oldham v. Pa. State Univ., 507 F. Supp. 3d 637 | Casetext Search + Citator 3/19 long-time friend of Defendant Glon, Penn State's fencing coach, Korfanty called him on January 15, 2018 to speak with him about the incident. (Id. \u00b6\u00b6 37, 38.) After that conversation, Glon allegedly spoke with Abashidze and formed a conspiracy to cover up the assault. (Id. \u00b6 39.) Glon did not report the assault to Penn State's Title Coordinator or anyone else in the Penn State Athletic Department. (Id. \u00b6 40.) In February 2018, Glon and Abashidze travelled to Durham, North Carolina with the Penn State fencing team for a competition at Duke University. (Id. \u00b6 41.) At that time, at Oldham's urging, Glon and Oldham met. (Id. \u00b6 42; Doc 25. at 8.) During the meeting, Oldham informed Glon of the details of the sexual assault and provided a written summary of the assault. (Doc. 1 \u00b6 43.) Oldham then asked Glon if he was going to report the assault to Penn State, to which he replied, \"no.\" (Id. \u00b6\u00b6 44, 45.) Glon went on to tell Oldham that it would be embarrassing for her if the assault became known and that no one would believe her claims against Abashidze. (Id. \u00b6 46.) Glon then brought Abashidze into the conversation and directed him to apologize to Oldham, after which the meeting ended. (Id. \u00b6 48.) In April 2018, Oldham attended a Fencing North American Cup tournament in Richmond, Virginia. (Id. \u00b6 52.) At that time, Korfanty asked her to speak with him and Glon over coffee. (Id. ) During that meeting, Glon pressured Oldham not to engage in an ongoing investigation into the assault by SafeSport, an independent investigative agency. (Id. \u00b6 53.) Glon also reiterated that no one would believe Oldham's allegations and tried to impress upon her that Abashidze was a \"good guy.\" (Id. \u00b6\u00b6 54, 55.) Oldham suggested that Glon had a duty to report the assault to *642 Penn State, but Glon replied that he did not believe Abashidze was a \"danger\" to the team. (Id. \u00b6\u00b6 56, 57.) 2 642 2 SafeSport is an independent organization focused on ending all forms of abuse in sports. (Id. \u00b6 46 n.5.) SafeSport initiated an investigation into Oldham's assault based on a report by the third-party witness. (Id. \u00b6 53.) In July 2018, Kallio emailed Penn State Athletic Director Sandy Barbour to discuss Oldham's assault. (Id. \u00b6 70.) In response, Defendant Harris and Penn State Athletics Integrity Officer Robert Boland contacted Kallio by email and 2/17/25, 3:26 Oldham v. Pa. State Univ., 507 F. Supp. 3d 637 | Casetext Search + Citator 4/19 phone. (Id. \u00b6 71.) According to Harris and Boland, Kallio's email was the first they had heard of the assault. (Id. \u00b6 72.) On August 14, 2018, Harris and others had a conference call with Oldham. (Id. \u00b6 73.) During that call, Oldham informed them of Abashidze's assault and Glon's failure to report the assault. (Id. ) After the call, Harris began an Affirmative Action Office (\"AAO\") investigation into these events. (Id. \u00b6 74.) Between August 2018 and February 2019, Oldham did not hear anything from Harris regarding the investigation. (Id. \u00b6 75.) During that period, Oldham experienced harassment and retaliation, both through electronic mediums and at international fencing tournaments. (Id. \u00b6 76.) This harassment was allegedly perpetuated by Abashidze's friends and supporters with the knowledge of Abashidze and Glon. (Id. \u00b6\u00b6 76, 77.) In February 2019, Oldham contacted Penn State for an update on the investigation and was informed that it was ongoing. (Id. \u00b6 78.) Shortly thereafter, Harris emailed the initial determination to Oldham. (Id. \u00b6 79.) The initial determination substantiated and admitted as true her factual allegations of assault and harassment, but also concluded that Abashidze had not violated any Penn State policy. (Id. \u00b6\u00b6 79, 80.) The determination did not mention Glon's failure to report. (Id. \u00b6 82.) After that time, Oldham repeatedly tried to arrange a personal meeting with Harris at Penn State but was discouraged from doing so. (Id. \u00b6 83.) Instead, she had a brief telephone call with Harris and others. (Id. \u00b6 85.) During that call, Oldham communicated her thoughts and disagreements regarding the initial determination. (Id. \u00b6 85.) Despite this conversation, the final determination reached the same conclusions as the initial determination. (Id. ) The final determination deferred making a final judgment until after a future and separate determination could be made by Boland's parallel Inter Collegiate Athletics (\"ICA\") investigation. (Id. \u00b6 88.) Oldham was not asked to be involved in that investigation, nor was she given an opportunity to review or comment on the report. (Id. \u00b6 90.) Further, she was never given notice of that investigation's outcome or its impact on the determination. (Id. ) When Oldham called Penn State to ask about the 2/17/25, 3:26 Oldham v. Pa. State Univ., 507 F. Supp. 3d 637 | Casetext Search + Citator 5/19 outcome of the investigation, Harris told her that the process was complete but that he could not share any further information. (Id. \u00b6 91.) Harris suggested that Oldham look at Penn State's website to \"figure out\" what happened with Abashidze. (Id. \u00b6 92.) In April 2019, Oldham submitted to Penn State a written Title complaint against Glon based on his failure to report. (Id. \u00b6 93.) Oldham alleged that Glon had sexually harassed and discriminated against her at numerous points, including when he told her that no one would believe her claims, that she would be embarrassed if her assault became known, and that he was not going to report her claim. (Id. ) Penn State never responded to this complaint. (Id. \u00b6 94.) In March 2020, the United States Department of Education Office of Civil Rights (\"OCR\") published a compliance review *643 of sexual misconduct cases at Penn State from 2011 to 2020. (Id. \u00b6 95.) Among OCR's findings was the conclusion that Penn State failed to respond promptly and equitably to complaints of sexual harassment. (Id. ) 643 On May 27, 2020, Oldham filed the present complaint alleging seven causes of action against Defendants, collectively and individually, stemming from Oldham's assault and failures of Penn State's Title process relating to that assault. (Id. ) Against all Defendants, she brings claims alleging violations of Title of the Education Amendments Of 1972, 20 U.S.C. \u00a7 1681 et seq., and civil conspiracy (deliberate indifference); violations of Title and civil conspiracy (erroneous outcome) in relation to her allegations against Abashidze; negligence/gross negligence; and negligent or intentional infliction of emotional distress. (Id. \u00b6\u00b6 100\u201361.) Against Glon, Harris, and Penn State, she alleges violations of Title and civil conspiracy (erroneous outcome) in relation to her allegations against Glon as well as a failure to train and/or supervise employees regarding sexual misconduct claims. (Id. ) Against Penn State and Abashidze, she brings a claim of battery. (Id. ) Beginning on July 27, 2020, the Defendants filed their current motions: Glon, Penn State, and Harris move to dismiss or, in the alternative, to transfer pursuant to 28 U.S.C. \u00a7 1404. (Docs. 22, 24.) Abashidze moves to 2/17/25, 3:26 Oldham v. Pa. State Univ., 507 F. Supp. 3d 637 | Casetext Search + Citator 6/19 dismiss pursuant to Rule 12(b)(2). (Doc. 31.) The motions are fully briefed and ready for resolution. (See Docs. 27, 29, 30, 34, 35 Defendants each move to dismiss, in part, under Federal Rule of Civil Procedure 12(b)(2) for lack of personal jurisdiction. Three of the four defendants also move to dismiss for improper venue pursuant to Rule 12(b) (3). Although \"there is no mandatory sequencing of jurisdictional issues,\" Sinochem Int'l Co. v. Malaysia Int'l Shipping Corp., 549 U.S. 422, 431, 127 S.Ct. 1184, 167 L.Ed.2d 15 (2007) (internal quotation marks omitted), when faced with motions to dismiss based on both lack of personal jurisdiction and improper venue, courts typically address personal jurisdiction first Med., Inc. v. Am. Med. Prods., LLC, 3:11cv092-GCM-DSC, 2012 171269, at *2 (W.D.N.C. Jan. 20, 2012). However, \"the Supreme Court has held that \u2018when there is a sound prudential justification for doing so, ... a court may reverse the normal order of considering personal jurisdiction and venue.\u2019 \" Id. (quoting Leroy v. Great W. United Corp., 443 U.S. 173, 180, 99 S.Ct. 2710, 61 L.Ed.2d 464 (1979) ); see also Sucampo Pharm., Inc. v. Astellas Pharma, Inc., 471 F.3d 544, 550 n.3 (4th Cir. 2006) (\"[A] district court has the discretion to dismiss on the basis of improper venue before reaching the issue of personal jurisdiction.\"). Where, as here, a plaintiff brings claims against multiple defendants, each of whom contests personal jurisdiction, over whom personal jurisdiction is doubtful, and where the court would need to reach the issue of venue regardless, courts have exercised their discretion to address venue first. See, e.g., Mylan Labs., Inc. v. Akzo, N.V., No. CIV. A. 89-1671, 1990 58466, at *1 (D.D.C. Mar. 27, 1990) (considering venue prior to personal jurisdiction when eight defendants challenged personal jurisdiction); Boyd v. Koch Foods, No. 5:10-CV-349-D, 2011 2413844, at *2\u20133 (E.D.N.C. June 10, 2011) (transferring venue without consideration of personal jurisdiction where jurisdiction over a corporate defendant was \"in serious doubt\"); Tyler v. Gaines Motor Lines, Inc., 245 F. Supp. 2d 730, 734 (D. Md. 2003) (exercising discretion to transfer on the basis of improper venue where the issue of personal *644 jurisdiction was \"a close one\"); Datasouth Comput. Corp. v. Three Dimensional Techs., Inc., 719 F. Supp. 446, 450, 453 (W.D.N.C. 1989) (transferring venue without determining issues of personal jurisdiction where the jurisdictional issues 644 2/17/25, 3:26 Oldham v. Pa. State Univ., 507 F. Supp. 3d 637 | Casetext Search + Citator 7/19 presented \"a difficult question\") (collecting cases court need not have personal jurisdiction over a defendant to transfer a case pursuant to 28 U.S.C. \u00a7\u00a7 1404(a) or 1406(a Med., 2012 171269, at *2 ; see also USA, Inc. v Inc., No. 316-CV-00521-MOC-DCK, 2017 581328, at *4 (W.D.N.C. Feb. 13, 2017). \"When an objection to venue has been raised under Rule 12(b)(3), the burden lies with the plaintiff to establish that venue is proper in the judicial district in which the plaintiff has brought the action.\" Turfworthy v. Dr. Karl Wetekam & Co. KG, 26 F. Supp. 3d 496, 502 (M.D.N.C. 2014) (internal quotation marks omitted). \"[I]n a case involving multiple defendants and multiple claims, the plaintiff bears the burden of showing that venue is appropriate as to each claim and as to each defendant.\" Bartko v. Wheeler, No. 1:13CV1006, 2014 29441, at *8 (M.D.N.C. Jan. 3, 2014), aff'd, 589 F. App'x 181 (4th Cir. 2015) (quoting Hickey v. St. Martin's Press, Inc., 978 F. Supp. 230, 240 (D. Md. 1997) ). Absent an evidentiary hearing, a plaintiff need only make a prima facie showing that venue is proper. Mitrano v. Hawes, 377 F.3d 402, 405 (4th Cir. 2004). In making a venue determination, the court can consider evidence outside the pleadings and should view the facts in the light most favorable to the plaintiff. Turfworthy, 26 F. Supp. 3d at 502. Under 28 U.S.C. \u00a7 1391(b), venue is proper in (1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located; (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred ...; or (3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action. In the event venue is improper in the district in which a case is filed, the district court retains discretion to dismiss or, if in the interest of justice, to 2/17/25, 3:26 Oldham v. Pa. State Univ., 507 F. Supp. 3d 637 | Casetext Search + Citator 8/19 transfer the case to any district in which it could have been brought. 28 U.S.C. \u00a7 1406(a). \"[T]ransfer is generally considered to be more in the interest of justice than dismissal and, therefore, doubts should be resolved in favor of preserving the action, particularly where it appears that venue may be properly laid in the proposed transferee district.\" Blue Rhino Glob. Sourcing, Inc. v. Best Choice Prod., No. 1:17CV69, 2018 4784006, at *3 (M.D.N.C. June 20, 2018) (internal quotations). Oldham now has had an opportunity to directly address the propriety of venue in this district, as well as the prospect of transfer to the Middle District of Pennsylvania. After carefully reviewing the complaint and Oldham's responses to the present motion, the court concludes, for reasons detailed below, that venue is improper in this district and the court will therefore transfer this action. A. Venue is not proper in this district Oldham claims that venue is proper in this district pursuant to 28 U.S.C. \u00a7 1391(b)(2) because \"a substantial part of the events ... giving rise to Oldham's action occurred in the district, and/or more *645 so than in any other single district.\" (Doc. 1 \u00b6 21.) This argument is unavailing. 645 \"In 1990, [the general federal venue statute] was amended to make venue proper in any \u2018judicial district in which a substantial part of the events or omissions giving rise to the claim occurred.\u2019 \" Mitrano, 377 F.3d at 405 (quoting 28 U.S.C. \u00a7 1391) (emphasis added). The statute as amended makes it possible for venue to be proper in more than one judicial district. Id.; see also Red Bull GmbH v. RLED, LLC, 515 F. Supp. 2d 641, 646 (M.D.N.C. 2007) (\"Substantial activities may occur in other districts without disqualifying this district as a proper venue, so long as \u2018substantial\u2019 activities occurred in this district also[,] ... even if more substantial or the most substantial activities took place elsewhere.\" (internal citations omitted)). While venue may be appropriate in multiple districts, district courts should \"take seriously the adjective \u2018substantial.\u2019 \" Bartko, 2014 29441, at *9 (quoting Gulf Ins. Co. v. Glasbrenner, 417 F.3d 353, 356\u201357 (2d Cir. 2005) ); see also Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. 2003) (\"The new language thus contemplates some cases in which venue will be 2/17/25, 3:26 Oldham v. Pa. State Univ., 507 F. Supp. 3d 637 | Casetext Search + Citator 9/19 proper in two or more districts. This does not mean, however, that the amended statute no longer emphasizes the importance of the place where the wrong has been committed. Rather, the statute merely ... reduc[es] the degree of arbitrariness in close cases.\"). Determining an appropriate venue is a question of quality, not quantity. N.C. Mut. Life Ins. Co. v. Stamford Brook Cap., LLC, No. 1:16CV1174, 2019 4747851, at *6 (M.D.N.C. Sept. 27, 2019). In evaluating the appropriateness of a given venue, courts review the entire sequence of events underlying a claim. Mitrano, 377 F.3d at 405. Ultimately, \"what matters most is whether the material acts or omissions within the forum \u2018bear a close nexus to the claims.\u2019 \" Stamford Brook, 2019 4747851, at *6 (quoting Daniel v. Am. Bd. of Emergency Med., 428 F.3d 408, 433 (2d Cir. 2005) ). \"That means for venue to be proper, significant events or omissions material to the plaintiff's claim must have occurred in the district in question, even if other material events occurred elsewhere.\" Bartko, 2014 29441, at *9 (quoting Gulf Ins., 417 F.3d at 357 ); see also Setra of N. Am., Inc. v. Schar, No. 1:03CV711, 2004 1554195, at *8 (M.D.N.C. July 7, 2004) (unpublished) (recommendation of Eliason, M.J., adopted by Beaty, J.) (\"Under the plain language of the venue statute, only events and omissions giving rise to a claim are considered.\" (emphasis in original)). Here, a small number of events relating to Oldham's claims took place in North Carolina. Beyond telephone calls and emails exchanged between Penn State officials in Pennsylvania and Oldham in North Carolina, the only event alleged to have occurred in North Carolina was a meeting between Oldham, Glon, and Abashidze in February 2018. At that time, allegedly at Oldham's request, Glon and Abashidze met with Oldham while they were in North Carolina for a fencing tournament at Duke University. This meeting occurred after Abashidze allegedly assaulted Oldham. It also occurred after Glon learned of the assault claim \u2014 and his duty to report arose \u2014 and after Glon and Abashidze allegedly formed a conspiracy to cover it up. However, the meeting occurred before Penn State was made aware of the assault allegation and before it began its investigation. In light of the entire series of events underlying Oldham's claims, this meeting is not enough to justify venue in the present venue. 2/17/25, 3:26 Oldham v. Pa. State Univ., 507 F. Supp. 3d 637 | Casetext Search + Citator 10/19 At the center of all of Oldham's claims is the assault allegedly perpetrated by *646 Abashidze and the failure of the responsible officials to properly act on Oldham's reports. In relation to these claims, the vast majority of underlying events did not occur in the Middle District of North Carolina. Rather, with the exception of the assault itself (which was perpetrated mid- flight over the Great Plains region), the substantial events alleged in this case occurred in Centre County, Pennsylvania, in the Middle District of Pennsylvania. For example, Glon's initial failure to report Oldham's assault became actionable following his January 2018 phone call with Korfanty. At the time, Glon was in the Pennsylvania district. (Doc. 29 at 3, 4.) Similarly, the alleged conspiracy to cover-up the assault was formed between Glon and Abashidze in that district. (Doc. 22 at 12.) All of Penn State's investigations into Oldham's assault were conducted in the Pennsylvania district, and all of the related reports were produced there. (Id. at 12, 13.) Likewise, all of Defendants\u2019 alleged failures to sufficiently train coaching staff in Title procedures occurred in the Pennsylvania district. (Id. ) In view of the entire course of events and the claims brought by Oldham, a single meeting in North Carolina, coupled with phone calls and emails incidental to Oldham's claims, do not justify venue in the Middle District of North Carolina. 646 Oldham argues that venue is appropriate in the Middle District of North Carolina because \"the discriminatory impacts of [Defendants\u2019] actions have [ ] occurred\" here. (Doc. 27 at 25.) However, only the events giving rise to a claim may justify venue, not impacts felt by a plaintiff after an action accrues. See Taylor v. City & Cnty. of Honolulu, No. 7:16-CV-410-D, 2017 3526660, at *3 (E.D.N.C. Aug. 16, 2017) (seeking medical care after an accident in a given district not sufficient to establish proper venue); Apr. Ademiluyi v. Nat'l Bar Ass'n, No. GJH-15-02947, 2016 4705536, at *3 (D. Md. Sept. 8, 2016) (feeling \"all the injuries\" from defendants\u2019 actions in a given district not sufficient to establish proper venue); Massi v. Lomonaco, No. C/A0:10-265-CMC-PJG, 2010 2429313, at *1 (D.S.C. May 25, 2010), report and recommendation adopted, No. C/A0:10CV-265CMC-PJG, 2010 2429234 (D.S.C. June 11, 2010) (\"Any argument that [plaintiff] has suffered monetarily in this district from [defendant's actions] is insufficient to confer venue in [this district] ... because otherwise venue almost always would be proper at the place of the plaintiff's residence.\"); see also 2/17/25, 3:26 Oldham v. Pa. State Univ., 507 F. Supp. 3d 637 | Casetext Search + Citator 11/19 McClintock v. Sch. Bd. E. Feliciana Par., 299 Fed. App'x 363, 365 (5th Cir. 2008) (\"Venue [ ] cannot lie simply because a plaintiff continues to experience the psychological effects of an injury in a particular place.\"). As such, the discriminatory impacts of Defendants\u2019 actions felt by Oldham in this district cannot justify venue here. Oldham further characterizes the February 2018 meeting as an instance of sexual harassment and gender-based discrimination perpetrated by Glon against her. As Defendants suggest, this is a legal conclusion. However, even accepting that claim as true, this would make venue appropriate solely over any Title claims Oldham brings against Glon as well as related claims against Penn State for failure to properly investigate. Oldham has not established how this meeting in North Carolina would make venue appropriate in relation to her battery claim against Abashidze or her associated Title IX-based deliberate indifference, erroneous outcome, and failure to train claims, nor her negligence and negligent or intentional infliction of emotional distress claims brought against Defendants other than Glon. Put another way, \"[a]lthough \u00a7 1391 no longer requires the court to identify the *647 single best venue for a plaintiff's claim[s],\" in this case the connections of Oldham's claims to the Middle District of Pennsylvania \"so far predominate over those in [this district] as to make it impossible to conclude that a \u2018substantial part of the events or omissions giving rise to the claim[s]\u2019 occurred in this district Invr's, L.P. v. Guire, 286 F. Supp. 2d 561, 566 (D. Md. 2003) (internal citation omitted); see also Daniel, 428 F.3d at 434 (finding venue lacking where the \"[p]laintiffs allege[d] a series of actions by [the] defendants ... [and] the vast majority of these acts occurred outside\" the district in which the plaintiffs filed the case more appropriate venue for Oldham's claims is the Middle District of Pennsylvania. Not only is venue proper there under \u00a7 1391(a)(1) because all Defendants reside in the Middle District of Pennsylvania, but also because the bulk of the witnesses to Oldham's sexual harassment and discrimination claims, as well as the witnesses who can testify as to Penn State's investigations into those claims, are located there. 647 3 2/17/25, 3:26 Oldham v. Pa. State Univ., 507 F. Supp. 3d 637 | Casetext Search + Citator 12/19 3 The court expresses no opinion as to whether other districts might also be proper venues. B. Appropriateness of transfer As provided by \u00a7 1406(a), a case brought in an improper venue may be \"dismiss[ed], or if it be in the interest of justice, transfer[red] ... to any district or division in which it could have been brought.\u2019 \" 28 U.S.C. \u00a7 1406(a). The analysis of whether a transfer is in the interest of justice is the same under both 28 U.S.C. \u00a7 1404(a) and \u00a7 1406(a). Nichols v. G.D. Searle & Co., 991 F.2d 1195, 1201 n. 5 (4th Cir. 1993). Accordingly, this court will look to \u00a7 1404(a) to determine whether transfer is appropriate. In order to transfer venue pursuant to \u00a7 1404(a), the transferee district must first be determined to be a district where the action initially may have been brought. The Middle District of Pennsylvania meets this requirement. As discussed above, all Defendants reside in Pennsylvania and do not contest personal jurisdiction in that forum. Further, the bulk of the substantial events underlying Oldham's claims occurred in that district. In determining whether transfer is appropriate, the court must next consider the \"convenience and fairness\" of such a transfer. Stewart Org., Inc. v. Ricoh Corp., 487 U.S. 22, 29, 108 S.Ct. 2239, 101 L.Ed.2d 22 (1988). In so doing, the court has broad discretion, see Nichols, 991 F.2d 1195, and weighs the following factors: (1) the plaintiff's initial choice of forum; (2) relative ease of access to sources of proof; (3) availability of compulsory process for attendance of unwilling witnesses, and the cost of obtaining attendance of willing and unwilling witnesses; (4) possibility of a view of the premises, if appropriate; (5) enforceability of a judgment, if one is obtained; (6) relative advantage and obstacles to a fair trial; (7) other practical problems that make a trial easy, expeditious, and inexpensive; (8) administrative difficulties of court congestion; (9) local interest in having localized controversies settled at home; (10) appropriateness in having a trial of a diversity case in a forum that is at home with the state law that must govern 2/17/25, 3:26 Oldham v. Pa. State Univ., 507 F. Supp. 3d 637 | Casetext Search + Citator 13/19 the action; and (11) avoidance of unnecessary problems with conflicts of laws. Dillon v Harris Bank, N.A., 16 F. Supp. 3d 605, 617 (M.D.N.C. 2014) (citation omitted). As a general rule, \"unless the *648 balancing of these factors weighs strongly in favor of the defendant, the plaintiff's choice of forum [ ] should not be disturbed.\" Casana Furniture Co., Ltd. v. Coaster Co. of Am., No. 1:08CV744, 2009 783399, at *2 (M.D.N.C. Mar. 24, 2009) (quoting Brown v. Flowers, 297 F. Supp. 2d 846, 850 (M.D.N.C. 2003) ); Collins v. Straight, Inc., 748 F.2d 916, 921 (4th Cir. 1984). Moreover, \"[w]hile a district court has discretion to transfer the action to a more appropriate venue, a court should not transfer venue where doing so would only shift the inconvenience to another party.\" Casana, 2009 783399, at *2. 4 648 4 The Fourth Circuit has enunciated a similar, but shorter test listing the following four factors: \"(1) the weight accorded to plaintiff's choice of venue; (2) witness convenience and access; (3) convenience of the parties; and (4) the interest of justice.\" Trs. Of the Plumbers & Pipefitters Nat'l Pension Fund v. Plumbing Servs., Inc., 791 F.3d 436, 444 (4th Cir. 2015). These factors are inherently or expressly incorporated into the more expansive test applied by district courts in this circuit. See Triangle Grading & Paving, Inc. v. Rhino Servs., LLC, No. 1:19CV486, 2020 2086188, at *16 n.17 (M.D.N.C. Apr. 30, 2020) (collecting cases); see also Hunter v. Mountain Com. Bank, No. 1:15CV1050, 2016 5415761, at *9 (M.D.N.C. Sept. 28, 2016). As this court has already determined that Oldham's choice of forum is not an appropriate venue, the court will give it little weight. See Alvarez v. Babik, No. 1:13-CV-252, 2014 1123383, at *3 (N.D. W. Va. Mar. 21, 2014) ; see also Parham v. Weave Corp., 323 F. Supp. 2d 670, 674 (M.D.N.C. 2004) (explaining that although the plaintiff's choice of forum is ordinarily given considerable weight, that weight is diminished when the conduct giving rise to the complaint did not occur in the forum). The remaining relevant factors weigh largely in favor of transfer. First, the Middle District of Pennsylvania has greater ease of access to witnesses. As discussed above, the vast majority of the witnesses to Oldham's sexual harassment and discrimination claims, as well as the witnesses to Penn 2/17/25, 3:26 Oldham v. Pa. State Univ., 507 F. Supp. 3d 637 | Casetext Search + Citator 14/19 State's investigation into those claims, are located in Pennsylvania. Additionally, the sole third-party witness to Abashidze's assault on Oldham resides in New Jersey, making the Middle District of Pennsylvania \u2014 which partially borders New Jersey \u2014 a significantly more convenient forum for that witness. As all Defendants are located in Pennsylvania, that forum is also significantly more accessible for most of the parties involved. While Oldham asserts that a number of key witnesses reside in North Carolina, those witnesses \u2014 with the exception of Oldham and Kallio \u2014 have knowledge only of the impact of these events on Oldham, rather than knowledge of the events themselves. (See Doc. 27 at 28.) As such, the court finds that the Middle District of Pennsylvania has greater ease of access to the key witnesses in this case. 5 5 Although the Middle District of Pennsylvania is admittedly less convenient for Oldham, as her first choice and most convenient forum is not an appropriate venue, this cannot be helped. Second, as most witnesses are located in Pennsylvania, that court also is better situated to exercise compulsory process over unwilling witnesses in this case. By that same merit, the cost of obtaining attendance of witnesses in that forum is notably less burdensome. Third, the Middle District of Pennsylvania is able to impose an enforceable judgment on Defendants because they are each subject to personal jurisdiction in that court. Finally, the local interest in having localized controversies settled at home weighs in favor of transfer. \"Courts have determined that litigation should take place in the federal judicial district or division with the closest relationship to the operative events.\" *649 Speed Trac Techs., Inc. v. Estes Express Lines, Inc., 567 F. Supp. 2d 799, 804 (M.D.N.C. 2008) ; Weishaupt v. Boston Coll., No. 1:11-cv-1122, 2012 1439030, at *5 (M.D.N.C. Apr. 24, 2012). If acts or omissions primarily occurred in one state, that forum should resolve the dispute, even if the harm occurred elsewhere. See Triangle Grading & Paving, Inc. v. Rhino Servs., LLC, No. 1:19CV486, 2020 2086188, at *18 (M.D.N.C. Apr. 30, 2020) ; Weishaupt, 2012 1439030, at *5. Here, the alleged wrongful acts occurred primarily in the Middle District of Pennsylvania, and all of the acts are alleged to have been committed by individuals and entities associated with the Commonwealth 649 2/17/25, 3:26 Oldham v. Pa. State Univ., 507 F. Supp. 3d 637 | Casetext Search + Citator 15/19 of Pennsylvania. In light of this, the local interest in resolving the case is significant. However, at least one factor does not weigh in favor of transfer. Specifically, as Oldham has brought several North Carolina tort claims alongside her federal claims, the Middle District of Pennsylvania is not \"at home with the state law\" governing those claims. However, the claims and issues brought under federal law in this action largely outweigh those brought under North Carolina law. There is also no reason to believe that the federal court in Pennsylvania cannot apply general North Carolina tort law, if that law is applicable. As the other relevant factors weigh heavily in favor of transfer, Oldham's North Carolina tort claims do not disturb that balance. It is in the interest of justice for Oldham to have her day in court. There is no reason why the matter should be dismissed rather than transferred. Thus, the court finds that it is more appropriate to transfer Oldham's claims to the Middle District of Pennsylvania rather than to dismiss, as Defendants request. See Carolina Archery Prod., Inc. v. Alpine Archery Inc., No. 1:03 00176, 2004 1368863, at *9 (M.D.N.C. June 15, 2004) (transferring case because it was \"in the interest of justice for plaintiffs to have their day in court\" and there were no \"countervailing reasons to deny transfer\"); see also Davis Media Grp. v. Best W. Int'l, 302 F. Supp. 2d 464, 470 (D. Md. 2004) (\"In addressing the issue of proper venue in the context of a possible dismissal of the action, the usual procedure should be transfer rather than dismissal.\" (internal quotation marks omitted)). In light of the lack of venue over the claims against Penn State, Harris, and Glon in the Middle District of North Carolina, the court will transfer the claims against them to the Middle District of Pennsylvania pursuant to \u00a7 1406(a). C. Venue over claims against Abashidze Unlike Defendants Penn State, Harris, and Glon, Abashidze has not contested venue in his motion to dismiss pursuant to Rule 12(b)(2). As such, the court must consider whether transferring the claims against him is appropriate. Venue is considered a \"personal privilege[ ] of the defendant, rather than [an] absolute stricture[ ] on the court.\" Leroy, 443 U.S. at 180, 99 S.Ct. 2710. 2/17/25, 3:26 Oldham v. Pa. State Univ., 507 F. Supp. 3d 637 | Casetext Search + Citator 16/19 defendant, therefore, may waive his privilege to demand a proper venue if he does not make a \"timely and sufficient objection.\" See 28 U.S.C. \u00a7 1406(b). Under Rule 12(b) of the Federal Rules of Civil Procedure, \"[e]very defense to a claim for relief ... must be asserted in the responsive pleading if one is required,\" but certain defenses, including the defense of improper venue, may be asserted by motion. Fed. R. Civ. P. 12(b). \"As a general rule, a defendant waives its right to challenge venue if it fails to do so either in a responsive pleading or in the first Rule 12 motion filed before a responsive pleading.\" Blue Rhino, 2018 4784006, at *2 (citing Rules 12(b) and 12(h) (1) ).*650 In this case, as Abashidze did not raise the issue of venue in his Rule 12(b) motion, he is considered to have waived that objection and to have accepted venue in this court. He does contest this court's exercise of personal jurisdiction over him. But that issue is moot if the court exercises its discretion to also transfer the claims against Abashidze to the Pennsylvania federal court. See Med., 2012 171269, at *2 court need not have personal jurisdiction over a defendant to transfer a case pursuant to 28 U.S.C. \u00a7\u00a7 1404(a) or 1406(a).\"). 650 \"[W]hen venue is proper for one defendant but not for another, and dismissal is inappropriate, the [c]ourt can either (1) \u2018transfer the entire case to another district that is proper for both defendants,\u2019 or (2) \u2018sever the claims, retaining jurisdiction over one defendant and transferring the case as to the other defendant to an appropriate district.\u2019 \" Gore v. Air & Liquid Sys. Inc., No. 1:15-cv-465, 2016 11680149, at *4 (M.D.N.C. June 21, 2016) (quoting Cottman Transmission Sys., Inc. v. Martino, 36 F.3d 291, 296 (3d Cir. 1994) ). The court \"should not sever if the defendant over whom jurisdiction is retained\" \u2014 even if that defendant has waived its objection to venue \u2014 \"is so involved in the controversy to be transferred that partial transfer would require the same issues to be litigated in two places.\" Id. Here, Abashidze is a central figure in Oldham's claims, and the court's consideration of the claims against him when the rest of the action is transferred to the Middle District of Pennsylvania could result in multiple proceedings involving many of the same issues and witnesses. Such duplicative, piecemeal litigation is contrary to notions of judicial economy and efficiency. In the interest of justice, the court will transfer the claims against Abashidze to the Middle District of Pennsylvania pursuant to 28 2/17/25, 3:26 Oldham v. Pa. State Univ., 507 F. Supp. 3d 637 | Casetext Search + Citator 17/19 U.S.C. \u00a7 1404(a). See Feller v. Brock, 802 F.2d 722, 729 n.7 (4th Cir. 1986) (stating that a district court may sua sponte consider transfer pursuant to \u00a7 1404(a) ). This results in transfer of the entire action to the Middle District of Pennsylvania For the reasons stated that the motions to transfer venue by Defendants Penn State, Harris, and Glon (Docs. 22, 24) are GRANTED, and the action shall be to the United States District Court for the Middle District of Pennsylvania. Defendants\u2019 motions to dismiss (Docs. 22, 24, 31) are as MOOT. About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information 2/17/25, 3:26 Oldham v. Pa. State Univ., 507 F. Supp. 3d 637 | Casetext Search + Citator 18/19 Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/17/25, 3:26 Oldham v. Pa. State Univ., 507 F. Supp. 3d 637 | Casetext Search + Citator 19/19", "8268_104.pdf": "Assistant Fencing Coach George Abashidze No Longer With Penn State Amid Sexual Abuse Allegations Oyoma Asinor | Onward State By Mikey Mandarino 4/16/19 12:33 pm Assistant fencing coach George Abashidze is no longer a member of the team\u2019s coaching staff, a spokesperson for Penn State athletics confirmed. Abashidze was placed on administrative leave by the university in September following allegations of sexual abuse. Athletics News Podcast Tips About Football 2/17/25, 3:26 Assistant Fencing Coach George Abashidze No Longer With Penn State Amid Sexual Abuse Allegations | Onward State 1/7 The U.S. Center for SafeSport, which was formed by the United States Olympic Committee to combat all forms of abuse in sports, reports sexual misconduct and harassment violations under Abashidze\u2019s name. SafeSport didn\u2019t provide any additional details about the allegations or their timeframe. Abashidze\u2019s membership with Fencing was suspended for three years beginning on August 1, 2018. The assistant coach joined Penn State\u2019s coaching staff in 2009. He was previously an assistant coach at Ohio State, where he helped five fencers win individual championships. He was also the head coach of the Georgian national fencing team during his career. Penn State fencing listed a job posting for an assistant coach on March 29 Mikey Mandarino In the most upsetting turn of events, Mikey graduated from Penn State with a digital & print journalism degree in the spring of 2020. He covered Penn State football and served as an editor for Onward State from 2018 until his graduation. Mikey is from Bedminster, New Jersey, so naturally, he spends lots of time yelling about all the best things his home state has to offer. Mikey also loves to play golf, but he sucks at it because golf is really hard. If you, for some reason, feel compelled to see what Mikey has to say on the internet, follow him on Twitter @Mikey_Mandarino. You can also get in touch 2/17/25, 3:26 Assistant Fencing Coach George Abashidze No Longer With Penn State Amid Sexual Abuse Allegations | Onward State 2/7 with Mikey via his big-boy email address: [email protected] \u2018We Met At The Den & Have Been Inseparable Ever Since Penn State Love Story Meet Mike and Susan Nasif, a couple that met at The Lion\u2019s Den in 2000. 2/17/25, 3:26 Assistant Fencing Coach George Abashidze No Longer With Penn State Amid Sexual Abuse Allegations | Onward State 3/7 To Host GloRilla For Bryce Jordan Center Concert April 3 Tickets for SPA\u2019s first-ever concert will go on sale at noon on Wednesday, February 19. Katie Schumacher-Cawley Signs Contract Extension Through 2030 Schumacher-Cawley led the Nittany Lions to a national title this past season. 113k 164k 63.7k 4,570 2/17/25, 3:26 Assistant Fencing Coach George Abashidze No Longer With Penn State Amid Sexual Abuse Allegations | Onward State 4/7 Email reCAPTCHA I'm not a robot Privacy - Terms Keep me up to date! Sign up for our Newsletter Bahawalpur, Punjab 28\u00b0 Hazy sunshine More Details Poor The air has reached a high level of pollution and is unhealthy for sensitive groups 70 2/17/25, 3:26 Assistant Fencing Coach George Abashidze No Longer With Penn State Amid Sexual Abuse Allegations | Onward State 5/7 What About The Class Of 2020? On the heels of concrete plans for the Class of 2021, last year\u2019s seniors still feel hung out to dry. Dive In: Mikey Mandarino\u2019s Senior Column Penn State Hockey\u2019s Peyton Jones Signs Two-Year Contract With AHL\u2019s Colorado Eagles Terms and Conditions Report Copyright Infringement Other posts by Mikey 113k 164k 63.7k 4,570 2/17/25, 3:26 Assistant Fencing Coach George Abashidze No Longer With Penn State Amid Sexual Abuse Allegations | Onward State 6/7 \u00a9 2008 - 2025 Onward State 2/17/25, 3:26 Assistant Fencing Coach George Abashidze No Longer With Penn State Amid Sexual Abuse Allegations | Onward State 7/7", "8268_105.pdf": "COLLEGE, Pa woman says she told Penn State University\u2019s head fencing coach that one of his assistants had groped her on a plane, but the coach failed to report her accusation to the school as required. Jennifer Oldham, a North Carolina fencing coach, told The Philadelphia Inquirer that she was aboard a December 2017 flight with a group of fencing coaches returning from a competition when Penn State assistant George \u201cGia\u201d Abashidze repeatedly asked her for sex, touched her knee, arm and upper leg, then grabbed her crotch. Oldham said she told head coach Wes Glon what happened. Glon had Abashidze apologize to Oldham, but informed her he did not report the incident to Penn State, the newspaper reported. \u201cNo one will believe you,\u201d Oldham said he told her. Oldham\u2019s husband, Jeff Kallio, who runs the Mid-South Fencers\u2019 Club in Durham, North Carolina, with her, eventually reported his wife\u2019s accusation and Glon\u2019s alleged inaction to Penn State Athletic Director Sandy Barbour. Penn State launched an investigation and fired Abashidze on March 4. Penn State confirmed it also investigated Glon\u2019s conduct, but declined to say whether he faced any discipline over his alleged failure to report. Under Penn State policy, coaches are required to report sexual harassment complaints. Abashidze declined comment to the newspaper, as did Glon, who has been on the fencing team\u2019s coaching staff for more than three decades and was named its head coach since 2013. The women\u2019s team was runner-up at the national fencing championship in March. Penn State fencing assistant fired over groping allegation Updated 11:48 CST, May 17, 2019 \u2018SNL50' Polar vortex All-Star Game Congo Shakira 2/17/25, 3:27 Penn State fencing assistant fired over groping allegation News 1/3 Penn State\u2019s investigative report, obtained by The Inquirer, indicates Glon had determined Oldham\u2019s accusation was \u201cdifficult to believe.\u201d But Oldham\u2019s account was corroborated by another passenger on the plane, Lewis Vaden, who told school investigators that Abashidze appeared to be drunk when he boarded, and that he overheard Abashidze propositioning her as she continued to say no. He said he saw Abashidze touching her. \u201cIt was disturbing,\u201d Vaden, a fencing supply company vendor from New Brunswick, New Jersey, said in an interview. \u201cIt was just a complete violation of her space.\u201d After the incident, Vaden said felt bad that didn\u2019t haul off and slug him.\u201d Oldham and her lawyer filed a complaint with Penn State last month over Glon\u2019s handling of the case. They are also considering legal action thought it was obvious this was wrong,\u201d she said. Abashidze, a native of former Soviet republic of Georgia, had coached at Penn State since 2009. He\u2019s also coached several Olympians and coached the Georgian National Fencing team. The U.S. Center for SafeSport, the office charged with overseeing sex-abuse cases in Olympic sports, suspended Abashidze for three years for sexual misconduct but later reduced it to one year after he appealed. ___ Information from: Philly.com, 2/17/25, 3:27 Penn State fencing assistant fired over groping allegation News 2/3 Trump administration wants the Supreme Court to let the firing of whistleblower agency head proceed Justice Department\u2019s independence is threatened as Trump\u2019s team asserts power over cases and staff Trump moves with dizzying speed on his to-do list. But there are warning signs in his first month Trump administration cuts reach employees in food safety, medical devices and tobacco products New York police find body of missing man they say was tortured for more than a month by 5 people 1 2 3 4 5 2/17/25, 3:27 Penn State fencing assistant fired over groping allegation News 3/3"} |
7,835 | Benjamin G. Blount | University of Texas – San Antonio | [
"7835_101.pdf"
] | {"7835_101.pdf": "dae6-50da-9156-8b5fda8e781b.html Report: Harassment allegations follow ex-University professor to Texas Staff And Wire Reports Mar 6, 2008 Benjamin G. Blount, a former University professor of anthropology who resigned in the wake of a sexual harassment investigation against him, harassed a female graduate student while working at his new university, according to a newspaper report. The San Antonio Express-News reported Thursday that Blount, while a full professor at University of Texas San Antonio, harassed a female graduate student in 2006, causing the university to slice his salary in half and take him out of the classroom. \"If am guilty of anything argue it is showing affection excessively and not any kind of harassment,\" Blount told the Express-News. \"You can't do that now with younger students. Behavior that had been acceptable for most of my career became unacceptable, and it took me a little while to figure that out.\" According to the newspaper, in July 2006, UTSA's Office of Institutional Diversity discovered Blount sexually harassed a graduate student under his supervision. While on a dinner with Blount to discuss her marital difficulties, and later at his home him to continue the discussion, Blount tried to kiss her twice and asked her to stay the night, according to documents. Blount admitted that he went to dinner with the student, but denies he asked her to stay. When she got up to leave, the newspaper reported, Blount said put my arm around her and kissed her, it had nothing to do with sex, it was a reassuring kiss, kind of on the side of the lips. The next day she came to see me and we talked briefly and we both agreed that it was something we should not repeat and we should return to strictly academic matters.\" The Athens Banner-Herald reported Sunday that Blount, while at Georgia, resigned in 2004 after a female professor of anthropology filed a letter with the Office of Legal Affairs detailing her account of what she described as inappropriate sexual advances from him. It was the fourth complaint against Blount going back to 2/17/25, 3:27 Report: Harassment allegations follow ex-University professor to Texas | News | redandblack.com 1/2 1991. Blount chose to resign before the investigation was complete. The professor who filed the complaint told The Red & Black Sunday during a phone interview that it is important for cases to come to a conclusion \"for everyone's sake,\" especially for the accuser and the accused. \"It certainly would have made my life easier if the University had completed the investigation, she said. \"It created enormous stress in my job for a number of years.\" In 2003, a student complained that Blount made unwelcome sexual advances, according to the documents retrieved by the Banner-Herald. The student reported on May 5, 2003 to Legal Affairs that in a May 1, 2003 meeting with Blount he \"started stroking my knee with both his hands. Then he progressed to my thigh and between my legs felt really uncomfortable, so crossed my legs,\" according to the documents. The Red & Black reported Monday that Blount left the University and immediately started working at as a full professor in the anthropology department. While there he was named to the faculty grievance committee, and was appointed as the editor of the American Anthropologist, the flagship journal of the American Anthro-pological Association, according to the journal's March 2005 issue. After the allegations at UTSA, Blount said he proposed his own punishment, according to the Express-News story. The newspaper said Blount would quit teaching and interacting with students and cut his time and salary in half. His sole responsibility would be to edit American Anthropologist. But when word of Blount's troubles at reached the journal's staff last year, he resigned the editorship. Blount remains at doing research only spokesman David Gabler said is considering \"additional disciplinary action,\" but Blount said he won't resign unless the university asks him to, according to the newspaper. The San Antonio News-Express contributed to this story 2/17/25, 3:27 Report: Harassment allegations follow ex-University professor to Texas | News | redandblack.com 2/2"} |
9,001 | Stuart Robinson | New York University | [
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] | {"9001_101.pdf": "breaks ties with athletics director after sexual harassment allegations Stuart Robinson is no longer employed at NYU, according to an email from an administrator to the athletics department. Ania Keenan, Features Editor September 27, 2023 (Graphic by Kevin Wu; image via Athletics) Stuart Robinson is no longer employed as NYU\u2019s athletics director as of Wednesday night following an investigation into allegations of inappropriate behavior, according to a departmentwide email obtained by am writing to inform you that Stuart Robinson is no longer employed at NYU,\u201d wrote Jason Pina, senior vice president for university life, in the email. \u201cWhile know change is difficult and unsettling will continue to work with all of you to provide an ever \uf39e \ue618 \uf16d \ue61b \uf1bc \uf0e1 \uf167 \uf1a1 \uf0e0 Search \uf002 News Opinion Sports Culture Arts Multimedia Magazine Sponsored improving student-athlete experience.\u201d Robinson\u2019s departure comes weeks after he was placed on administrative leave after sexual misconduct accusations from within the department. He began working at in 2020. University spokesperson John Beckman confirmed the news in a statement to WSN. In a previous statement, Beckman said Pina would oversee the Athletics Department in an interim role. In 2018, Robinson was named in a Title lawsuit brought by Elizabeth Student \u2014 a former coach at the State University of New York, New Paltz \u2014 which ended in paying Student an undisclosed sum. The suit alleges that Robinson made sexual comments toward Student and repeatedly refused to equally distribute resources to men\u2019s and women\u2019s sports teams at the school, where he worked for 28 years before being hired at NYU. Multiple sources close to the athletics department described the work environment under Robinson as difficult due to discrimination against female coaches and student athletes has said no students were involved in any of the \u201cconcerns\u201d with Robinson. In the email, Pina wrote the department will organize engagement sessions for staff and student athletes to provide input on a new athletic director. If you have any information about this story, contact us at [email protected] or reach Ania Keenan at [email protected]. About the Contributor Ania Keenan, Features Editor Ania Keenan is a sophmore double majoring in Journalism and Data Science. She is from California and loves black coffee, long walks, writing poetry and reading non-fiction. When she is not working on the next features investigation, you can find her running along West Side Highway, listening to audiobooks or complaining about the cold. Leave a comment More in News More in Sports More in Top Story Stern program launches at Abu Dhabi campus What Trump\u2019s rollbacks could mean for The Soapbox: Mafia crackdown in Italy, Sudan truce in UAE, cease-fire violation in occupied Palestine Out of Bounds: Major sports news out of Spain, France and Argentina Behind men\u2019s basketball\u2019s rise to national contention In the Huddle talk with thrower Kai Aravena \u00a9 2025 Washington Square News Pro WordPress Theme by \u2022 Log in \u2018unable to attend\u2019 internship fair following student backlash Students protest presence at internship fair Former employee sues for religious discrimination Join \u2022 Submit \u2022 Advertise \u2022 About \u2022 Masthead \u2022 Donate \u2022 Tips \u2022 Off-Campus Housing \uf39e \ue618 \uf16d \ue61b \uf1bc \uf0e1 \uf167 \uf1a1 \uf0e0", "9001_102.pdf": "New Paltz Knew: Former Fired at for Sexual Harassment \uf017October 4, 2023 \uf007Zoe Woolrich and Gabby Gagliano \uf07cFront Slide, News \uf0750 Following the departure of tenured Athletic Director of New Paltz Stuart Robinson, the New Paltz Daily Digest released a statement applauding him on his accolades throughout his career \u2014 one year after reaching a settlement in Student and New Paltz where Robinson was directly named in allegations pertaining to the sexual harassment of a former women\u2019s lacrosse coach. Now, four years later, Robinson has been let go from his position at for similar sexual harassment claims and is being shown the door with anything but praise newpaltzoracle 2/17/25, 3:27 New Paltz Knew: Former Fired at for Sexual Harassment - The New Paltz Oracle 1/6 breaks ties with athletics director after sexual harassment allegations,\u201d reads the headline of a recent article published by New York University\u2019s student-run newspaper, Washington Square News (WSN) on Sept. 27, 2023. On Sept. 25, 2023 an email was sent throughout NYU\u2019s Athletic Department notifying the staff of Robinson\u2019s removal as Athletic Director, obtained by student reporters. He was removed following an investigation into allegations of inappropriate behavior. Prior to his removal, he was placed on administrative leave after sexual misconduct accusations within the department. Robinson served as Director of Athletics, Wellness & Recreation at New Paltz from July 1, 2001 through July 31, 2020 and part-time at New Paltz as an adjunct lecturer and coach from Aug. 13, 1992 to May 18, 1994. He began his role as Assistant Vice President and Director of Athletics at on Aug. 3, 2020. The initial complaint was filed on Feb. 16, 2018 by New Paltz former head women\u2019s lacrosse coach, Elizabeth Student. She filed the official complaint against New Paltz for allowing Stuart Robinson to enable gender discrimination amongst athletes, teams and faculty members, as well as sexual harassment claims in the form of written and verbal remarks. \u201cShortly after her hire and continuing until her separation from employment, Plaintiff (Elizabeth Student) was the subject of a consistent stream of commentary, jokes and verbal harassment by Director Robinson concerning her gender,\u201d read the case file. \u201cDirector Robinson\u2019s communications on this subject were often sexually crude and puerile, such as the May 2013 email he sent Plaintiff stating \u2018Go make babies went there.\u2019\u201d \u201cWhen the Plaintiff responded that she intended to wait until her program was more successful and established before starting a family, Director Robinson would state that it was Plaintiff\u2019s responsibility to give her husband children, that she was letting him down by wanting to wait to have children and that it was unwise for her to wait to do so because she would never have a winning athletic program at New Paltz,\u201d explains the file. The case highlights that this behavior is in violation of Title of the Civil Rights Act of 1964 and Title of the Education Amendments Act of 1972. Follow on Instagram acle $2.75M Bike and Pedestrian Path Nears Completion \uf017December 4, 2024 \uf0750 Gym and Credit Union to Occupy New Paltz Savings Bank \uf017December 4, 2024 \uf0750 Kingston Planning Board Vetoes Plan to Change Threshold \uf017December 4, 2024 \uf0750 Town Board Members Discuss Goals for 2025 Term Load More 2/17/25, 3:27 New Paltz Knew: Former Fired at for Sexual Harassment - The New Paltz Oracle 2/6 Title of the Civil Rights Act of 1964 states that it is in place to \u201cprotect employees and job applicants from employment discrimination based on race, color, religion, sex and national origin. Title protection covers the full spectrum of employment decisions, including recruitment, selections, terminations and other decisions concerning terms and conditions of employment,\u201d according to the Federal Trade Commission website. Title of the Education Amendments Act of 1972 states that \u201cNo person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance,\u201d according to the U.S. Department of Justice website. \u201cAs a proximate result of Defendants New Paltz) having retaliated against her for having advocated against the discrimination and disparate treatment of female student athletes, Plaintiff (Elizabeth Student) has suffered and continues to suffer substantial losses, including the loss of past earnings, the loss of future earnings, the loss of other employment benefits and mental anguish and emotional distress in an amount to be proven at trial,\u201d reads the official complaint document. Around December 2012, Student was appointed to serve as Senior Woman Administrator (SWA) for New Paltz \u2014 a position which is defined by the Constitution of the National Collegiate Athletics Association (NCAA) as \u201cthe highest ranking female administrator involved with the conduct of a member institution\u2019s intercollegiate athletics program Constitution 4.02.4). The position was \u201cintended to serve as a role model and resource to student athletes and coaches and a spokesperson for the needs and interests of women athletes and to support gender equality and Title initiatives.\u201d Student confronted Director Robinson \u201cconcerning the inequitable allocation of resources between the men\u2019s and women\u2019s athletic programs, the training and/or responsiveness of SUNY-New Paltz Athletic Department faculty and staff to issues of sexual assault and harassment of female student athletes and Director Robinson\u2019s accessibility to female student athletes.\u201d The formal complaint moves on to say \u201cAt Director Robinson\u2019s request, in or about Spring 2015, Defendants retained a consultant to provide professional analysis and comment regarding the development of the Women\u2019s Lacrosse team and professional development feedback to \uf017December 4, 2024 \uf0750 2/17/25, 3:27 New Paltz Knew: Former Fired at for Sexual Harassment - The New Paltz Oracle 3/6 Athletic Director Robinson and Plaintiff. In or about May 2015, the consultant retained by Defendants concluded that Plaintiff was an asset to the Athletic Department as and recommended that she continue in that role.\u201d During the summer of 2015, Director Robinson terminated Students\u2019 position as despite continuing to ask her to perform the responsibilities of the title, without the additional compensation or recognition associated with it. Student wasn\u2019t the only one to feel the consequences of Robinson\u2019s behavior. Doctor Rachael Purtell, a former New Paltz women\u2019s lacrosse midfielder who played under Student for the beginning of her athletic career, had noticed the gender disparity between the teams in the forms of field maintenance, game schedule and uniform conditions. \u201cDuring my time here, the women\u2019s basketball team was way more successful than the men\u2019s basketball team. The men\u2019s team was ranked last in the division at some point, and I\u2019m pretty sure that the women\u2019s team made appearances every year was there,\u201d said Purtell. \u201cYet the men\u2019s team always had the better time slots. It was also very obvious how often some teams got new uniforms, while others hadn\u2019t.\u201d With regard to these inequities, Student highlighted in the case file that during her employment at New Paltz, a valued approximation of $400,000 was used to improve the athletic field used by some of the men\u2019s teams. This included resodding the outfield and placing new dirt on the infield of the baseball diamond. However, according to the case file, it says that \u201cthroughout the entirety of Plaintiff\u2019s employment, Defendant refused to plow the snow from the field used by the women\u2019s athletic programs. On those occasions that Defendants provided the women\u2019s athletic teams with indoor practice facilities, they prohibited Plaintiff from bringing in necessary equipment, such as standard goals, and/or forced Plaintiff to conduct practices in cramped or otherwise unsuitable spaces, such as in a racquetball court was aware of certain things going on with Stuart at the time, as were other athletes, and there was sort of this consensus among all of us that sexual harassment, sex based discrimination and all that were normalized,\u201d said Purtell. \u201cBut there was never a body of evidence or a consistent record of things that he had done. But it was something that we were all aware of, and that we knew we all had to deal with, especially the female athletes.\u201d 2/17/25, 3:27 New Paltz Knew: Former Fired at for Sexual Harassment - The New Paltz Oracle 4/6 In May 2019, during a monthly meeting between The Oracle staff members and former president of New Paltz, Donald P. Christian, the topic of the athletic department was brought up following an unrelated scandal within the men\u2019s basketball team. After the recorded meeting ended, Purtell, former editor-in-chief of The Oracle confronted President Christian: \u201cSo started saying, \u2018I\u2019d be remiss if didn\u2019t use my platform to advocate for my fellow student athletes, but want to tell you as am leaving this institution, in very plain words that Stuart\u2019s the problem.\u201d And usually they walk us to the elevator and say bye but as soon as we left that meeting they shut the door,\u201d recalls Purtell can confirm that in her last meeting with President Donald P. Christian, Rachael brought up Stuart and her issues with how the school and the athletic department handled it,\u201d says Jake Mauriello, former Managing Editor for The Oracle who served directly under Purtell and was present for the aforementioned meeting. In the New Paltz Daily Digest announcement notifying the campus community of his departure released on May 28, 2020 (corresponding with the official announcement of his hiring), Vice President of Student Affairs, Stephanie Blaisdell commends Robinson and his achievements throughout his career. \u201cI\u2019ve had the pleasure of working with Stuart during the past few years, and in that time he has been generous with his experience and knowledge,\u201d says Blaisdell. \u201cHe has worked tirelessly and with innovation, and has served as a wonderful community member within and beyond the college. He leaves a winning legacy in every sense of the word.\u201d Blaisdell was unable to comment at this time. Upon hearing the news of his appointment as the Athletic Director and Assistant Vice President at NYU, Purtell, who was completing her Ph.D. in communication at West Virginia University at the time, reported to The Oracle that she contacted the Title office directly to alert them about her experience with Robinson. The case of Student v. State University of New York (SUNY) and State University of New York at New Paltz never went to trial. Instead, the defendants offered to allow a monetary judgment be made against them in the amount of $200,000 to resolve all of Student\u2019s claims. In making that offer, neither nor New Paltz admitted to any of the allegations in Student\u2019s lawsuit or any wrongdoing, nor did they accept responsibility for any of the damages she alleged. Student accepted the offer of judgment and the lawsuit ended. The clerk of the court entered a 2/17/25, 3:27 New Paltz Knew: Former Fired at for Sexual Harassment - The New Paltz Oracle 5/6 $200,000 money judgment in Student\u2019s favor against and New Paltz. Neither the defendants\u2019 offer of judgment, Student\u2019s acceptance, or the entry of judgment is an admission or finding of wrongdoing or liability by or New Paltz for the claims or damages alleged in Student\u2019s lawsuit. When asked to speak on the record about this issue, the Office of Communications and Marketing at New Paltz released an official statement. \u201cWe can confirm Stuart Robinson\u2019s dates of full-time employment at New Paltz began on Aug. 15, 1994 and ended on July 31, 2020,\u201d said Chrissie Williams, Associate Director of Media Relations. \u201cHe served as Director of Athletics, Wellness & Recreation from July 1, 2001 through July 31, 2020. He worked part-time at the University as an adjunct lecturer and coach from Aug. 13, 1992 to May 18, 1994. Beyond that, the University does not comment on personnel matters or investigations related to current or former employees New Paltz is committed to creating a safe educational and employment environment for all members of our campus community. \u201d Official court records indicate that Robinson as an individual was not named as the defendant, but rather New Paltz, making the investigation unrelated to both current or former employees or personnel matters. \uf185Post Views: 5,612 \uf39e Share \uf02f Print \uf099 Tweet Copyright \u00a9 2025 | WordPress Theme by Themes 2/17/25, 3:27 New Paltz Knew: Former Fired at for Sexual Harassment - The New Paltz Oracle 6/6", "9001_103.pdf": "Unsettled winter weather to last until midweek,... What to expect near you New York Capital Region Hudson Valley Business Opinion Entertainment TRENDING: Coyote attack closes preserve fears among upstate immigrants | Snow forec Stuart Robinson was also named in a 2018 lawsuit filed against by a former women\u2019s lacrosse coach By Zoe Woolrich and Gabby Gagliano, The New Paltz Oracle Updated Oct 9, 2023 3:17 p.m. Ex New Paltz athletics director fired at for sexual harassment Subscribe Sign in 2/17/25, 3:27 Athletics head Stuart Robinson fired by for sexual harassment 1/8 Ex New Paltz athletics director fired at for\u2026 0:00 7:40 1x Everlit version of this article was originally published in The New Paltz Oracle \u2014 When Athletics Director Stuart Robinson departed New Paltz for New York University in 2020, his former employer released a statement lauding his nearly 30-year career in New Paltz, despite having reached a settlement one year earlier in a sexual harassment lawsuit involving him. Now, four years after that settlement, Robinson has been fired by following similar sexual harassment claims and is being shown the door with anything but Former New Paltz Athletics Director Stuart Robinson in 2018, the same year he was named in a lawsuit filed against the university alleging sexual harassment and gender discrimination in the athletics department. Robin Weinstein New Paltz 2/17/25, 3:27 Athletics head Stuart Robinson fired by for sexual harassment 2/8 praise, prompting renewed questions of how New Paltz handled the end of his tenure. Robinson, who served as an assistant vice president and director of athletics at NYU, was placed on administrative leave in mid-September pending an investigation into sexual misconduct accusations inside the department, according to Washington Square News, NYU\u2019s student-run newspaper. On Sept. 25, he was removed from his position. Robinson was hired by New Paltz as an adjunct lecturer and coach in 1992 and rose through the ranks until 2001, when he was appointed to lead the university\u2019s athletics department. On Feb. 16, 2018, he was named in a lawsuit filed against by former head women\u2019s lacrosse coach Elizabeth Student, who alleged that Robinson enabled gender discrimination among athletes, teams and faculty members, and had sexually harassed her for years verbally and in written remarks. According to the complaint, the harassment included a May 2013 email Robinson sent to Student in which he wrote, \u201cGo make babies went there\u201d and a follow-up email stating it was Student\u2019s responsibility to give her husband children, that she was letting him down by waiting and that it was unwise for her to wait to do so because she would never have a winning athletic program at New Paltz. The complaint alleged that Robinson\u2019s behavior violated Title of the 1964 Civil Rights Act and Title of the 1972 Education Amendments Act, which protect against sex- and gender-based discrimination in the workplace and in educational settings. 2/17/25, 3:27 Athletics head Stuart Robinson fired by for sexual harassment 3/8 As a result of the alleged harassment and of Robinson\u2019s alleged retaliation once Student raised concerns about gender inequality, Student said she had sustained \u201csubstantial losses,\u201d including past and future earnings and employment benefits, and had suffered \u201cmental anguish and emotional distress.\u201d Multiple attempts to reach Robinson were unsuccessful. \u2018Something we were all aware of\u2019 Student was appointed as senior woman administrator for New Paltz\u2019s athletics department in December 2012. In that position \u2014 the top female administrative position at a college\u2019s athletics program, according to the Constitution \u2014 Student saw a need to serve as a spokesperson for the needs and interests of women athletes and to support gender equality and Title initiatives, according to the complaint. She confronted Robinson about what she saw as an unequal allocation of resources between the men\u2019s and women\u2019s athletic programs, sexual harassment and assault training and responsiveness in the department, and Robinson\u2019s accessibility to female student-athletes, according to the complaint. In response, in spring 2015 New Paltz hired a consultant to analyze the women\u2019s lacrosse team and provide professional development feedback to Robinson and the athletics department. The consultant\u2019s report recommended that Student continue in her role because she was an \u201casset\u201d to the athletics department. But that summer, Robinson terminated Student\u2019s position as senior woman administrator \u2014 despite asking her to continue to perform her responsibilities, according to the complaint. 2/17/25, 3:27 Athletics head Stuart Robinson fired by for sexual harassment 4/8 Student wasn\u2019t the only one to feel the consequences of Robinson\u2019s behavior. Rachael Purtell, a former New Paltz women's lacrosse midfielder who played under Student, had noticed the gender disparity between the teams in the forms of field maintenance, game schedule and uniform conditions. \u201cDuring my time here, the women\u2019s basketball team was way more successful than the men\u2019s basketball team. Yet the men\u2019s team always had the better time slots. It was also very obvious how often some teams got new uniforms, while others hadn\u2019t,\u201d Purtell said. Student\u2019s complaint noted that while an athletic field used by men\u2019s teams was resodded and had new dirt placed on the infield, the university declined even to plow the snow from the field used by the women\u2019s athletic programs and prohibited Student from bringing necessary equipment indoors for her team to practice was aware of certain things going on with Stuart at the time, as were other athletes, and there was this consensus among all of us that sexual harassment, sex- based discrimination and all that were normalized,\u201d Purtell said. \u201cThere was never a body of evidence or a consistent record of things that he had done. But it was something we were all aware of and we knew we all had to deal with, especially the female athletes.\u201d \u2018They shut the door\u2019 In May 2019, during a regular meeting between The New Paltz Oracle staffers and former New Paltz President Donald P. Christian, the topic of the athletics department was brought up following an unrelated scandal within the men\u2019s basketball team. After the recorded meeting ended, Purtell, who was then the editor-in-chief of The Oracle, confronted Christian. 2/17/25, 3:27 Athletics head Stuart Robinson fired by for sexual harassment 5/8 started saying, \u2018I\u2019d be remiss if didn\u2019t use my platform to advocate for my fellow student-athletes, but want to tell you as am leaving this institution, in very plain words, that Stuart\u2019s the problem,\u2019\u201d she recalled. \u201cUsually they walk us to the elevator and say bye, but as soon as we left that meeting they shut the door.\u201d Jake Mauriello, the former managing editor for The Oracle who served directly under Purtell and was present for the meeting, confirmed her account. In a New Paltz Daily Digest newsletter notifying the campus of Robinson\u2019s departure to on May 28, 2020, Vice President of Student Affairs Stephanie Blaisdell commended Robinson and his achievements. \u201cI\u2019ve had the pleasure of working with Stuart during the past few years, and in that time he has been generous with his experience and knowledge,\u201d Blaisdell said in a statement for the newsletter. \u201cHe has worked tirelessly and with innovation, and has served as a wonderful community member within and beyond the college. He leaves a winning legacy in every sense of the word.\u201d Blaisdell was not available for comment. Upon hearing the news of Robinson\u2019s appointment at NYU, Purtell, who was completing her Ph.D. in communication at West Virginia University at the time, said she contacted the Title office directly to alert them about her experience with Robinson. The case of Student v. State University of New York and State University of New York at New Paltz never went to trial. Instead, the defendants agreed to a $200,000 monetary judgment to resolve Student\u2019s claims. Per the terms of the settlement, neither nor New Paltz admitted to any of the allegations in the lawsuit 2/17/25, 3:27 Athletics head Stuart Robinson fired by for sexual harassment 6/8 Oct 7, 2023 | Updated Oct 9, 2023 3:17 p.m. Zoe Woolrich and Gabby Gagliano Most Popular 1. Albany wrestles with changing downtown 2. Damaging wind expected to move in after snow and ice 3. McCall endorsement sets stage for Cuomo to run for mayor 4. Coyote attacks man, shuts down Vischer Ferry Preserve 5. NY-21 Democrat under fire for decade-old interview nor any wrongdoing, nor did they accept responsibility for any of the damages she alleged. Student accepted the offer New Paltz declined to comment on the settlement or any of the allegations made against Robinson. \u201cThe university does not comment on personnel matters or investigations related to current or former employees,\u201d spokesperson Chrissie Williams said in a statement New Paltz is committed to creating a safe educational and employment environment for all members of our campus community.\u201d More Hudson Valley News 2/17/25, 3:27 Athletics head Stuart Robinson fired by for sexual harassment 7/8 Fear of puts upstate immigrants on edge Hillsdale man indicted on 66 counts of sexual abuse State Coun pede Let's Play Bongo Really Bad Chess Typeshift Pile-Up Poker About Contact Services Account \u00a9 2025 The Hearst Corporation Terms of Use Privacy Notice Interest Based Ads Your California Privacy Rights Top 2/17/25, 3:27 Athletics head Stuart Robinson fired by for sexual harassment 8/8", "9001_104.pdf": "athletics director Stuart Robinson suspended after sexual misconduct claims: report By Snejana Farberov Published Sep. 20, 2023, 10:02 a.m 45 Hebrew Union College purchases ABC\u2019s longtime headquarters on the Upper West Side for $32M women\u2019s basketball wins 50th game in a row to continue longest streak in News Metro Long Island Politics World News 2/17/25, 3:28 athletics head suspended over sexual misconduct allegations 1/6 New York University\u2019s athletics director has been placed on administrative leave amid reports he has been accused of abuse and sexual harassment. Stuart Robinson, who has been at the prestigious school just over three years, was sidelined while \u201cundertakes a review of some issues that have arisen,\u201d university spokesperson John Beckman confirmed to The Post Wednesday. Those issues included accusations of verbal assault and sexual misconduct aimed at another member of his athletics department, three anonymous sources told NYU\u2019s independent student paper, Washington Square News. Asked about the reported accusations, Beckman said it was \u201cNYU\u2019s customary practice not to discuss the specifics of individual personnel matters.\u201d \u201cHowever, the University acknowledges that it has put its athletics director on administrative leave while it undertakes a review of some issues that have arisen.\u201d Barron Trump spotted strutting through campus for the first time since his dad\u2019s presidential inauguration Stuart Robinson, New York University\u2019s athletics director, has been placed on administrative leave amid reports he has been accused of abuse and sexual harassment Athletics 3 2/17/25, 3:28 athletics head suspended over sexual misconduct allegations 2/6 Without confirming that another member of staff was involved, Beckman stressed: \u201cNone of the concerns that have emerged involved students.\u201d NYU\u2019s senior vice president for university life will replace him for now, and \u201cwe do not anticipate any athletic practices or competitions will be affected or recreation operations being impacted,\u201d the rep said. Robinson did not immediately respond to messages seeking comment early Wednesday. Robinson was hired by in July 2020. Education Images/Universal Images Group via Getty Images 3 Some of the accusations include verbal assault and sexual misconduct aimed at another member of his athletics department. GHI/Education Images/Universal Images Group via Getty Images 3 2/17/25, 3:28 athletics head suspended over sexual misconduct allegations 3/6 Robinson was hired by in July 2020 to lead a team of 600 professional and student employees overseeing the university\u2019s varsity program and intercollegiate clubs. \u201cDuring his tenure, Robinson has emphasized the Department\u2019s need to increase resources in the areas of mental health and well-being for all student- athletes and staff,\u201d the Athletic Department\u2019s website says. What do you think? Post a comment. Before coming over to NYU, Robinson spent more than two decades serving as director of athletics, wellness and recreation at New Paltz. Robinson also previously served as a member of the Division Championships Committee and the Division Committee on Infractions , 9/20/23 45 Outraged protesters block, bang on bus carrying migrants o Share your stance. Please adhere to our guidelines. Conversation 45 Comments Sort by Best Join the conversation Bookem Dano 20 September, 2023 \"...a team of 600 professional and student employees overseeing the university\u2019s varsity program and intercollegiate clubs.\" Between this and their assumed bloated department, the 60k+ tuition becomes more understandable. Reply \u00b7 39 \u00b7 Share Horace Mann 20 September, 2023 Three cheers for private education! Does \"prestigious\" mean \"high tuition \"? Reply \u00b7 30 \u00b7 Share CoachSmith 20 September, 2023 Hired July 2020...ahhh...an \"equity\" hiring, right during the GeorgeF riots. Reply \u00b7 48 \u00b7 Share Powered by Terms | Privacy | Feedback Show More Comments 2/17/25, 3:28 athletics head suspended over sexual misconduct allegations 4/6 8 People Reacted What's your reaction to this article? Top Notch 12 So-so 1 Next! 22 Just like Bridget Jones, Ren\u00e9e Zellweger is finding love after heartbreak \u2014 at age 55 Chevy Chase attends 50' special after slamming show \u2014 and nearly coming to blows with Bill Murray 2/17/25, 3:28 athletics head suspended over sexual misconduct allegations 5/6 \u00a9 2025 Holdings, Inc. All Rights Reserved Terms of Use Membership Terms Privacy Notice Sitemap Your California Privacy Rights 2/17/25, 3:28 athletics head suspended over sexual misconduct allegations 6/6"} |
7,525 | Ken Stephens | Roane State Community College | [
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"7525_102.pdf",
"7525_103.pdf"
] | {"7525_101.pdf": "Cited By (0) \uf09e (/feed/search/?type=o&q=cites%3A(1065880)) This case has not yet been cited in our system. Authorities (9) This opinion cites: Frye v. Memphis State University, 18 Educ. L. Rep. 491 (Tenn. 1984) (/opinion/2366917/frye-v-memphis-state-university/?) (6 times) Wells v. Tennessee Board of Regents, 9 S.W.3d 779 (Tenn. 1999) (/opinion/2342242/wells-v-tennessee-board-of-regents/?) (5 times) Campbell v. Florida Steel Corp., 67 Empl. Prac. Dec. (CCH) \u2026 (/opinion/2459753/campbell-v-florida-steel-corp/?) (2 times v. Messier, 905 S.W.2d 182 (Tenn. Ct. App. 1995) (/opinion/1517039/odaniel-v-messier/?) (2 times) Harris v. Forklift Systems, Inc., 510 U.S. 17 (/opinion/112911/harris-v-forklift-systems-inc/?) (1 time) View All Authorities (/opinion/1065880/ken-stephens-v-roane-state-community-college/authorities/) Related Case Law Stephens v. Roane State Comm. College (/opinion/1074388/stephens-v-roane-state-comm-college/) Haegert v. University of Evansville (/opinion/7166903/haegert-v-university-of-evansville/) Dolly v. Concorde Career Colleges, Inc. (/opinion/5449694/dolly-v-concorde-career-colleges-inc/) State ex rel. Commission on Judicial Qualifications v. Empson (/opinion/8082454/state-ex-rel-commission-on-judicial-qualifications-v-empson/) Siteworx v & M, Inc. (/opinion/2768681/siteworx-llc-v-j-m-inc/) Search Full List (/?q=related:1065880&stat_Published=on) Share \uf003 (mailto:? subject=Ken%20Stephens%20v.%20Roane%20State%20Community%20College%20at%20CourtListener.com&body= stephens-v-roane-state-community-college/) \uf082 ( community-college/&t=Ken Stephens v. Roane State Community College at CourtListener.com) \uf081 ( status= \uf0a2 Get Citation Alerts (/?show_alert_modal=yes&q=cites%3A(1065880)) Ken Stephens v. Roane State Community College, M2001-03155-COA-R3 (Tenn. Ct. App. 2003) Court of Appeals of Tennessee Filed: August 12th, 2003 Precedential Status: Precedential Citations: None known Docket Number: M2001-03155-COA-R3 Judges: Judge Holly M. Kirby Author: Holly M. Kirby (/person/8276/holly-m-kirby/) Download Original 2/17/25, 3:28 Ken Stephens v. Roane State Community College \u2013 CourtListener.com 1/10 November 6, 2002 Session v An Appeal from the Chancery Court for Davidson County No. 97-2695 Irvin H. Kilcrease, Jr., Chancellor No. M2001-03155-COA-R3 - Filed August 12, 2003 This is a sexual harassment case. The plaintiff was a tenured professor at the defendant college. In 1996, one of the professor\u2019s students filed a complaint of sexual harassment with the college, alleging that the professor engaged in unwelcome sexual conduct and created a hostile educational environment. After a hearing, an administrative law judge determined that the professor had committed the acts charged. Consequently, the professor was suspended without pay for six months. The professor appealed the administrative decision to the trial court. The trial court upheld the decision, using a deferential standard of review, and the professor filed the first appeal in this case. On appeal, this Court reversed and remanded for a review de novo on the record. On remand, the trial court reviewed the case de novo on the record and again upheld the ALJ\u2019s decision. The professor now appeals. We affirm, finding that the trial court did not abuse its discretion in refusing to allow the professor to testify in person at the rehearing on remand, and that the trial court did not err in finding that the ALJ\u2019s decision was supported by clear and convincing evidence. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Chancery Court is Affirmed M. KIRBY, J., delivered the opinion of the court, in which E. HIGHERS, J., and , J., joined. Samuel W. Brown, Knoxville, Tennessee, for the appellant, Ken Stephens. Paul G. Summers, Attorney General and Reporter, and William J. Marett, Jr., Assistant Attorney General, Nashville, Tennessee, for the appellee, Roane State Community College Plaintiff/Appellant Ken Stephens (\u201cStephens\u201d) was hired by Defendant/Appellee Roane State Community College (\u201cCollege\u201d) in 1989 to teach computer programming. 1 He became a tenured professor in 1991. The Tennessee Board of Regents (\u201cBoard of Regents\u201d) has enacted Policy No. 2:02:10:01, Nondiscrimination on the Basis of Sex in Education Programs and Activities, and Policy No. 5:01:02:00, Equal Employment Opportunity, Affirmative Action, Discrimination and Nepotism, which clearly prohibits sexual harassment. To supplement this policy, the Board of Regents issued Guideline P-080, which defines sexual harassment as: Generally, sexual harassment may be defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when . . . such conduct has the purpose or effect of unreasonably interfering with an individual\u2019s work performance or educational experience or creating an intimidating, hostile or offensive work or educational environment. The Board of Regents Guideline included a nonexclusive list of examples of behavior that may constitute sexual harassment, including: \u2013 Refusing to hire, promote, or granting or denying certain privileges because of acceptance or rejection of sexual advances. \u2013 Promising a work-related benefit or a grade in return for sexual favors. \u2013 Suggestive or inappropriate communications, notes, letters, or other written materials displaying objects or pictures which are sexual in nature that would create hostile or offensive work or living environments \u2013 Sexual innuendoes, comments, and remarks about a person\u2019s clothing, body or activities \u2013 Suggestive or insulting sounds \u2013 Humor and jokes about sex that denigrate men or women \u2013 Implied or overt sexual threats \u2013 Suggestive or obscene gestures 2/17/25, 3:28 Ken Stephens v. Roane State Community College \u2013 CourtListener.com 2/10 1 Many of the pertinent facts can be found in the Opinion issued in the first appeal of this case, Stephens v. Roane State Comm unity College, No. M1998-00125-COA-R3-CV, 2000 192577 2/17/25, 3:28 Ken Stephens v. Roane State Community College \u2013 CourtListener.com 3/10 (Tenn. Ct. App. Feb. 18, 2000 ). -2- \u2013 Patting, pinching, and other inappropriate touching \u2013 Unnecessary touching or brushing against the body Board of Regents Guideline P-080. The College also adopted a policy prohibiting sexual harassment, Policy PA-02-01 which defines that term in language identical to that in the Board of Regents guideline. The College\u2019s policy adds language stating that \u201c[w]hether the alleged conduct constitutes sexual harassment depends upon the record as a whole and the totality of the circumstances, such as the nature of sexual advances in the context within which the alleged incident occurred.\u201d The College conducts sexual harassment training sessions at its annual faculty in-service training and at other times of the year. The President of the College issues memos annually, informing staff members of the policy of prohibiting sexual harassment. Stephens does not contend that he was not aware of the sexual harassment policies or that he was not governed by them. Layla Williams (\u201cWilliams\u201d) was a seventeen-year-old female student at the College. She was enrolled in professor Stephens\u2019 spring 1996 class.2 In 1996, Williams filed a formal complaint with the College, claiming that Stephens engaged in unwelcome sexual conduct and created a hostile educational environment while acting in his official capacity as a professor. Williams\u2019 complaint was investigated by the College\u2019s Affirmative Action Officer, Kathy Gethers. Gethers determined that there was sufficient evidence to support Williams\u2019 allegations. Based on Gethers\u2019 report and recommendation, the President of the College imposed a sanction against Stephens of suspension without pay for one academic year, from August 12, 1996, through May 9, 1997. Stephens appealed to the Board of Regents and requested an administrative hearing, pursuant to the Tennessee Uniform Administrative Procedures Act, Tennessee Code Annotated \u00a7 4-5-101, et seq. (\u201cUAPA\u201d). Hearings were held before the administrative law judge (\u201cALJ\u201d) on October 16 and 17, 1996, and on January 13, 1997. Williams testified at the hearings. She said that, on approximately February 26, 1996, she had an appointment with Stephens at 1:00 p.m. to discuss one of his lectures on the concept of memory locations. When she realized that she had a scheduling conflict, Williams went to Stephens\u2019 office at about 12:30 p.m. to reschedule her appointment. While she was there, Williams said that Stephens asked her to have a seat. Stephens asked her to explain the topic of the appointment, and Williams responded that it was memory locations. Stephens responded by utilizing an analogy concerning women\u2019s bras and panties. Williams testified that when Stephens made the remark about women\u2019s undergarments, he slumped down in his chair, spread his legs apart, and rubbed his upper thighs. His remark and his behavior made Williams uncomfortable, so she attempted to leave his office. Stephens detained Williams, asking her how many toothbrushes were in her bathroom. Williams interpreted this question as being designed to discover her living 2 is a comp uter programming language, and the purp ose o f the class was to learn that language. -3- arrangements. She told Stephens that she had two toothbrushes, one for her and one for her daughter. Stephens then commented that he liked little girls, and remarked that his wife had a miscarriage when she was pregnant with a daughter. Williams said that when she tried again to leave, Stephens physically stopped her, turned her around by placing his hands on her shoulders, put his arm around her neck, pulled her face to within two inches of his face and said, \u201c[Y]ou cannot go around here with this kiss-my-ass attitude. If you want somebody to scratch your back, you had better be willing to scratch their\u2019s in return.\u201d Williams did not tell Stephens that his actions were unwelcome and offensive, nor did she attempt to brush his hand away from her neck and shoulders. She then left Stephens\u2019 office. Williams testified about other instances of misconduct by Stephens that occurred after \u201cthe office incident.\u201d On March 1, 1996, Williams observed Stephens massaging the shoulders of a female student who was sitting next to her in the open computer lab. Williams said that, based on her other experiences with Stephens, she believed that Stephens\u2019 massage was sexual in nature. Also after the office incident, Stephens told Williams that he would use her as an example in class of someone who had not previously taken programming classes. This made Williams uneasy in light of the office incident. Williams said that some of the other students began to joke with her about being singled out, remarking, \u201c[I]t\u2019s better you than us.\u201d Williams asserted that Stephens also made inappropriate comments during classroom discussions. She claimed that, in one such discussion on the equality of men and women, Stephens pointed out that men could get their wives pregnant, whereas women could not get their husbands pregnant. In another classroom discussion regarding cheating on schoolwork, Stephens used the example that, if he went home with blonde hair, another woman\u2019s perfume, and purple lipstick on his clothes, his wife would know that he was cheating. Since Williams has blonde hair and sometimes wore perfume and purple lipstick in class, she felt that Stephens\u2019 comments were directed 2/17/25, 3:28 Ken Stephens v. Roane State Community College \u2013 CourtListener.com 4/10 towards her. On another occasion, after Stephens\u2019 class ended, he was available and answering questions from students. Stephens allegedly began to discuss with the students, including Williams, whether or not a husband could rape his wife. Williams said that the conversation made her uncomfortable, but the circumstances made it difficult for her to leave. Evidence was also submitted to show Stephens\u2019 awareness of the College\u2019s sexual harassment policies. Affirmative Action Officer Gethers testified that, in 1991 and 1994, she advised Stephens that it was inappropriate to touch and massage students. Paul Goldberg, the College\u2019s Dean of Continuing Education, testified that, after getting informal complaints from students, he told Stephens that it was inappropriate to use the word \u201cboobs\u201d in the classroom, to relate life experiences containing sexual content, and to hug and touch students. Robert Safdie, Stephens\u2019 supervisor at the time of the conduct in question, testified that between 1994 and 1996, he discussed with Stephens the school\u2019s prohibition against sexual harassment. He told Stephens that certain classroom comments, as well as hugging and touching of students, could be considered sexual harassment. During that same period of time, prompted by an informal complaint from a student, two fellow professors cautioned Stephens that touching students was inappropriate, and told him that some day a student might object to his conduct. -4- Williams said that Stephens impeded her class progress by requesting excessive corrections of computer programs. Since she no longer felt comfortable with Stephens, Williams obtained the assistance of a computer programming tutor. Despite the help of the tutor, Williams withdrew from Stephens course, receiving a grade of \u201cW.\u201d Failing to complete the class in the 1996 spring session was detrimental to Williams, because the class was required to complete her pre-engineering program at the College. At the time of her enrollment, the course was offered only once every two years and was taught only by Stephens. Stephens testified on his own behalf at the administrative hearing. He admitted making several of the comments alleged by Williams. He admitted making the pregnancy analogy, but explained that it was made in a joking manner designed to relax the students. He admitted making the cheating/blonde hair analogy, but said that he did not intend to single out Williams. Stephens noted that he had been using the same cheating analogy for twenty years, and that no one had ever complained about it.3 Stephens admitted to making the spousal rape comments, but said that the issue was discussed only after class, when Williams was free to leave. As to the office incident about which Williams testified, Stephens flatly denied that it ever occurred. He testified that he has a lab from 1:30 to 4:15 on Wednesdays, and that he is always present at the lab. He claimed that he never scheduled individual student appointments during labs and, therefore, he could not have been in his office at the time alleged. In addition, Stephens said that he often plays basketball from 12:00 to 1:30 p.m. before his lab. Stephens corroborated this by presenting witnesses who testified as to his general habits on Wednesdays. Stephens also responded to Williams\u2019 testimony about his massaging students. He explained that massaging the female student\u2019s shoulders in lab was simply to relax her, and that touching his students was motivated by a desire to provide a supportive, grandfatherly atmosphere for his students, much like a supportive pat by a football coach. He admitted that he had \u201ckneaded\u201d but not \u201crubbed\u201d the shoulders of various students. Stephens testified that he told his students at the beginning of the year that he might touch their shoulders while they are at a computer, and that no student had ever complained about it before. With respect to his telling Williams that he would use her as an example in class, Stephens said he informed her that he intended to do this so that she would not think he was doing it in retaliation for any behavior on her part. Finally, Stephens commented that Williams was a weak student academically, and that her academic weakness, not his behavior, was the reason that she withdrew from his class.4 After considering the \u201chotly disputed\u201d evidence, the concluded that Stephens had engaged in conduct constituting sexual harassment, in violation of the policies of the Board of Regents and the College, in that his conduct unreasonably interfered with Williams\u2019 academic 3 Two students in Stephens\u2019 Fortran class testified that they recalled him making the cheating/blond hair analogy and did not find it sexually hostile or unwelcome. 4 Stephens pointed o ut that Williams also d ropp ed algebra based on acad emic weakness. -5- performance and created a hostile, intimidating, and offensive educational environment for Williams. The ALJ, however, reduced Stephens\u2019 suspension to one-half year without pay. Neither party petitioned the Board of Regents for appeal. Consequently, the Board of Regents did not issue a notice of intention to review the ALJ\u2019s order pursuant to Tennessee Code Annotated \u00a7 4-5-315, and in June 1997, the ALJ\u2019s order became the final order of the Board of Regents. See Stephens v. Roane State Community College, No. M1998-00125-COA-R3-CV, 2000 192577 2/17/25, 3:28 Ken Stephens v. Roane State Community College \u2013 CourtListener.com 5/10 , at *1 (Tenn. Ct. App. Feb. 18, 2000) (explaining procedural background). Stephens then filed a petition with the trial court below for review of the administrative decision. In his petition, Stephens alleged that the Board of Regents had acted in violation of constitutional or statutory provisions, had acted arbitrarily and capriciously, and had abused its discretion by (1) sanctioning him for conduct which, as a matter of law, did not rise to the level of sexual harassment and (2) by refusing to permit Stephens to inquire into the views of Williams\u2019 psychologist. Stephens\u2019 petition also alleged that the order was not supported by substantial and material evidence in light of the entire record. Id. The trial court upheld the decision of the ALJ, applying the standard of review set out in the UAPA, which states that review of administrative decisions should address whether the decision was unlawful, arbitrary or capricious, or not supported by substantial and material evidence. On the first appeal, this Court reversed the trial court\u2019s decision, finding that an erroneous standard of review was applied to the ALJ\u2019s decision. Id. at *5. The trial court had utilized the \u201cmaterial evidence\u201d standard of review in the UAPA. The appellate court held that the trial court should have applied the standard set out in Tennessee Code Annotated \u00a7 49-8-304(a), which provides that review of the suspension of a tenured faculty member should be de novo. The appellate decision notes that \u201c[a] court conducting a de novo review of administrative proceedings must make an independent examination of the evidence, including any evidence supplemental to the administrative record, and \u2018redetermine the facts and the law from all the evidence before the court.\u2019\u201d Id. at *4 (quoting Cooper v. Williamson County Bd. of Educ., 746 S.W.2d 176 (/opinion/1521127/cooper-v-williamson-county-bd-of-educ/) , 180-81 (Tenn. 1987)). The appellate decision cites the following language in Frye v. Memphis State Univ., 671 S.W.2d 467 (/opinion/2366917/frye-v-memphis-state-university/) (Tenn. 1984), to further define the duty of the trial court: \u201cDe novo judicial review\u201d in this statute and context means a new hearing in the chancery court based upon the administrative record and any additional or supplemental evidence which either party wishes to adduce relevant to any issue. The Chancellor may, of course, confine new evidence to that which is truly supplemental or additional and is not required to hear all of the evidence anew if he does not find this necessary. Otherwise there would be little need for the administrative transcript. However, he may permit introduction of any and all evidence which he deems necessary to enable him to dispose of the issues presented. Frye, 671 S.W.2d at 469 (/opinion/2366917/frye-v-memphis-state-university/) 2/17/25, 3:28 Ken Stephens v. Roane State Community College \u2013 CourtListener.com 6/10 . -6- Pursuant to the order of remand, on March 22, 2001, Stephens filed a motion to amend his petition for judicial review to request that the trial court review the ALJ\u2019s decision under the de novo standard of review. Stephens also filed a Motion to Supplement the Record, requesting that he be permitted to testify before the trial court \u201clive and in person\u201d at the hearing on review. He made this request because the had determined that Williams was more credible than Stephens, in particular with respect to the parties\u2019 sharply conflicting testimony regarding the office incident. Stephens explained that he sought to testify in person before the trial court \u201cso that [the trial court] may make a fair determination of the allegations against\u201d him. On November 13, 2001, the trial court entered an order granting Stephens\u2019 motion to amend his petition for judicial review. On that same day, the trial court denied his motion to supplement the record by offering \u201clive and in person\u201d testimony because (1) according to the holding in Frye, the trial court was not required to hear the proffered evidence, since Stephens\u2019 testimony \u201cwould simply be a repetition of his testimony at the administrative hearing\u201d; and (2) the motion to admit Stephens\u2019 testimony sought to admit evidence that would violate one of the trial court\u2019s previous orders in the case, which stated that \u201cneither party may call any witness who has previously testified at the administrative proceeding and that evidence currently in the record may not be repeated.\u201d On the same day, having conducted a de novo hearing and review, the trial court entered a memorandum opinion on the merits of Stephens\u2019 petition. The trial court, adopting many of the findings in its previous ruling, affirmed the College\u2019s decision to suspend Stephens. The trial court found that the ALJ\u2019s decision to suspend Stephens \u201cfor six months, without pay, for sexual harassment is supported by clear and convincing evidence.\u201d The trial court noted that Stephens was aware of the applicable sexual harassment policies and in fact had been warned since 1991 about improper behavior as it related to sexual harassment. It concluded that Stephens\u2019 conduct rose to the level of sexual harassment, and that his harassment \u201ccreated a hostile educational environment,\u201d in violation of the College\u2019s policies. The trial court found that the \u201cproperly exercised her discretion in determining that [Stephens\u2019] testimony was not credible and that Ms. Williams[\u2019] . . . testimony was credible.\u201d Finally, the trial court held that Stephens\u2019 punishment, suspension without pay for six months, was not arbitrary or capricious, and that the did not abuse her discretion with respect to the sanctions imposed. On November 26, 2001, the trial court entered a final order incorporating by reference the November 13 memorandum and dismissing Stephens\u2019 petition for review. Stephens now appeals the trial court\u2019s decision. On appeal, Stephens contends that the trial court erred in denying his motion to testify \u201clive and in person\u201d at the de novo hearing for the purpose of rebutting the charges made against him. He maintains that the trial court erred in finding that his suspension was supported by clear and convincing evidence, arguing that (1) his conduct, as a matter of law, did not rise to the level required to constitute sexual harassment; that (2) Williams\u2019 allegations, on which the charges were based, were completely uncorroborated; and that (3) he had insufficient notice that the College was displeased with his general conduct towards his students. -7- Because the trial court reviewed the case without a jury, we review the trial court\u2019s findings of fact de novo upon the record, accompanied by a presumption of correctness, except where the preponderance of the evidence is otherwise. Wells v. Tennessee Bd. of Regents, 9 S.W.3d 779 (/opinion/2342242/wells-v-tennessee-bd-of-regents/) , 783 (Tenn. 1999); Tenn. R. App. P. 13(d). We review questions of law de novo, with no presumption of correctness to the trial court\u2019s findings in this regard. Wells, 9 S.W.3d at 783 (/opinion/2342242/wells-v-tennessee-bd-of-regents/) . We will not overturn a trial court\u2019s credibility determinations \u201cabsent clear and convincing evidence to the contrary.\u201d Id. (/opinion/2342242/wells-v-tennessee-bd-of-regents/) Stephens first asserts that the trial court erred in denying his motion to testify \u201clive and in person\u201d at the de novo hearing on remand. He acknowledges that the trial court\u2019s scope of review is governed by Frye and Wells, both of which recognize that the trial court has broad discretion over whether to allow additional evidence during the de novo hearing. See Frye, 671 S.W.2d at 469 (/opinion/2366917/frye-v-memphis-state-university/) 2/17/25, 3:28 Ken Stephens v. Roane State Community College \u2013 CourtListener.com 7/10 ; Wells, 9 S.W.3d at 784 (/opinion/2342242/wells-v-tennessee-bd-of-regents/) . He argues, however, that this case presents a special \u201che said/she said\u201d situation, in which the credibility of two witnesses is critical to a determination of a material fact, namely, whether the office incident actually occurred. Indeed, the stated that, without evidence of the office incident, the other evidence would not have led to a finding of sexual harassment \u201cwith a significant penalty.\u201d In assessing Stephens\u2019 and Williams\u2019 credibility, however, the found that Williams was the more credible of the two, because she \u201cdid not waiver as to the essential parts of her allegations.\u201d While the discredited one portion of Williams\u2019 testimony, finding that \u201c[Stephens] did not slump down in his chair and rub his thighs . . .\u201d the concluded that \u201c[a]ll other components of the office incident are proven.\u201d Stephens argues that it was error for the trial court to hold that the \u201cproperly exercised her discretion\u201d in terminating him without giving him the opportunity to testify before the trial judge. In the circumstance in which credibility is so critical to the resolution of the case, Stephens argues, the trial court was compelled to permit him to testify \u201clive and in person\u201d in its de novo review. As noted in the prior appeal in this case, applying the appropriate standard of review does not mean that the aggrieved party is entitled to a new trial. Rather, the right to a de novo review \u201cmeans a new hearing in the chancery court based upon the administrative record and any additional or supplemental evidence which either party wishes to adduce relevant to any issue.\u201d Frye, 671 S.W.2d at 469 (/opinion/2366917/frye-v-memphis-state-university/) . The Court in Frye stated that \u201c[t]he Chancellor may, of course, confine new evidence to that which is truly supplemental or additional and is not required to hear all of the evidence anew if he does not find this necessary.\u201d Id. (/opinion/2366917/frye-v-memphis-state-university/) Indeed, in this case, the trial court had previously entered an order stating that \u201cneither party may call any witness who has previously testified,\u201d and that \u201cevidence currently in the record may not be repeated.\u201d Stephens admits that the testimony he sought to proffer to the trial court is not \u201cnew\u201d or \u201csupplemental.\u201d On the contrary, he candidly asserts that he wants to testify in person to improve on the credibility determination made by the ALJ. However, the Frye court anticipated restricting the proof to \u201cnew evidence . . . which is truly supplemental or additional,\u201d because \u201c[o]therwise there would be little need for the administrative transcript.\u201d Id. (/opinion/2366917/frye-v-memphis-state-university/) Under Frye, the trial court had broad discretion to restrict the evidence. We find no abuse of discretion in the trial court\u2019s denial of Stephens\u2019 motion to testify at the hearing on remand. Accordingly, the trial court\u2019s decision on this issue is affirmed. -8- Stephens next argues that the trial court erred in concluding that, considering the record as a whole, his suspension was supported by clear and convincing evidence.5 In order to be clear and convincing, the evidence must eliminate any serious or substantial doubt about the correctness of the conclusions to be drawn from the evidence. Hodges v. S.C. Toof & Co., 833 S.W.2d 896 (/opinion/2372597/hodges-v-sc-toof-co/) , 901 n.3 (Tenn. 1992); O\u2019Daniel v. Messier, 905 S.W.2d 182 (/opinion/1517039/odaniel-v-messier/) , 188 (Tenn. Ct. App. 1995). Such evidence should produce in the mind of the fact-finder a firm belief or conviction as to the truth of the allegations sought to be established. O\u2019Daniel, 905 S.W.2d at 188 (/opinion/1517039/odaniel-v-messier/) ; Wiltcher v. Bradley, 708 S.W.2d 407 (/opinion/1793499/wiltcher-v-bradley/) 2/17/25, 3:28 Ken Stephens v. Roane State Community College \u2013 CourtListener.com 8/10 , 411 (Tenn. Ct. App. 1985). Arguing that the trial court erred, Stephens makes three points. First, he claims that his conduct, as a matter of law, did not rise to the level required to constitute sexual harassment. Next, he maintains that his participation in the office incident was not established by clear and convincing evidence, because it was supported only by Williams\u2019 uncorroborated testimony, which Stephens claims was not credible. Finally, he argues that the evidence did not establish that he was put on notice that the College was displeased with his general conduct towards his students. Stephens maintains that his conduct did not rise to the level of sexual harassment, considering the fact that hostile environment consists of unwelcome sexual conduct that unreasonably interferes with an individual\u2019s performance or creates an intimidating, hostile, or offensive environment. In this case, he argues, the College did not establish by clear and convincing evidence that his conduct was so severe or pervasive as to create an objectively hostile or abusive educational environment, because the evidence showed that he made some innocuous verbal remarks to both female and male adult students. He asserts that Williams\u2019 interpretation of those comments was \u201cunreasonable and in fact, bordered on the bizarre,\u201d and that her misinterpretation of one particular comment \u201cfrankly was ridiculous, and can only be viewed as unreasonable.\u201d Stephens argues that none of the comments were directed at Williams individually, and no proof was offered that the comments were motivated by gender animus. Thus, Stephens claims that his comments were not \u201cshocking and pervasively sexually oriented.\u201d Under the policies of the College and the Board of Regents, quoted above, sexual harassment is \u201cunwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when . . . such conduct has the purpose or effect of unreasonably interfering with an individual\u2019s work performance or educational experience or creating an intimidating, hostile or offensive work or educational environment.\u201d See Board of Regents Guideline P-080; College Policy PA-02-01. This definition mirrors the definition of sexual harassment applicable in cases filed pursuant to Title VII, 42 U.S.C. \u00a7 2000e-2(a)(1), and the Tennessee Human Rights Act, Tennessee Code Annotated \u00a7 4-21-401(a)(1). See Meritor Sav. Bank v. Vinson, 477 U.S. 57 (/opinion/111712/meritor-savings-bank-fsb-v-vinson/) , 65 (1986); Campbell v. Florida Steel Corp., 919 S.W.2d 26 (/opinion/2459753/campbell-v-florida-steel-corp/) , 31 (Tenn. 1996). Under Title VII, the conduct \u201cneed not be clearly sexual in nature.\u201d Campbell, 919 S.W.2d at 32 (/opinion/2459753/campbell-v-florida-steel-corp/) . However, the conduct must 5 Under ennessee Code Anno tated \u00a7 49-8-303(4), the \u201cclear and convincing\u201d standard of proof is necessary in proceedings to terminate a tenured faculty member. It states that \u201c[t]he burden of proof that adequate cause for termination exists shall be upon the institution, and shall be satisfied only by clear and convincing evidence in the record considered as a whole.\u201d Te nn. Co de nn. \u00a7 4 9-8-3 03(4) (2002 ). -9- be sufficiently \u201csevere and pervasive\u201d so as to create an objectively hostile environment, which is an environment that a reasonable person would find hostile or abusive. Id. (citing Harris v. Forklift Sys., Inc., 510 U.S. 17 (/opinion/112911/harris-v-forklift-systems-inc/) 2/17/25, 3:28 Ken Stephens v. Roane State Community College \u2013 CourtListener.com 9/10 , 21 (1993)). \u201cIn determining whether an environment is hostile or abusive, a court must consider a totality of the circumstances.\u201d Id.; see also College Policy PA-02-01. Here, Stephens ridicules Williams\u2019 interpretation of his remarks to students during and outside of class, glosses over evidence of his practice of massaging and otherwise touching students, and minimizes his persistent sexual innuendo. The and the trial court, however, were not required to accept Stephens\u2019 explanations of his conduct as innocuous and designed to \u201crelax\u201d students. Rather, the and the trial court were required to ascertain the reasonable reaction of the recipient of Stephens\u2019 conduct, rather than Stephens\u2019 glib explanation of his subjective intent. As evidenced by the repeated cautions about this very behavior that Stephens received, and apparently disregarded, the conduct may objectively be considered offensive and abusive, and relevant to whether Stephens created a hostile, intimidating, and offensive educational environment. Likewise, Stephens seeks to completely discount the evidence of the office incident directed at Williams, relying on his contention that it just did not happen. Stephens claims that Williams\u2019 testimony on that issue is not credible for a variety of reasons, and that his own testimony regarding that incident should have been credited because other witnesses testified that he probably would not have been in his office during the time frame alleged by Williams. On appeal, however, \u201c[w]e will not overturn a trial court\u2019s credibility determinations \u2018absent clear and convincing evidence to the contrary.\u2019 \u201d See Wells, 9 S.W.3d at 783 (/opinion/2342242/wells-v-tennessee-bd-of-regents/) . The factfinder is in the unique position of observing the demeanor of witnesses and thereby assessing their credibility. See Price v. Tennessee Civil Serv. Comm\u2019n, No. 01A01-9508-CH-00336, 1997 203603 , at *3 (Tenn. Ct. App. Apr. 25, 1997). Here, the articulated cogent reasons for crediting Williams over Stephens. She observed that Stephens\u2019 demeanor at the hearing was arrogant and overly confident, and that his tone of voice and body language suggested that he found it hard to take the hearing seriously. The described Williams\u2019 demeanor as nervous, tearful, worn, and frightened, but nevertheless confident in her allegations. While the did not credit an isolated portion of Williams\u2019 testimony regarding the office incident, the remainder of her testimony was credited. We find that the did not abuse her discretion in doing so. Considering the cumulative effect of the office incident and Stephens\u2019 other conduct, we must conclude that the did not err in finding that Stephens\u2019 conduct unreasonably interfered with Williams\u2019 academic performance and created an intimidating, hostile, or offensive educational environment. Finally, Stephens argues that the evidence did not establish that he was put on notice that the College was displeased with his general conduct towards his students. As noted above, Stephens was aware of the College\u2019s sexual harassment policies, was repeatedly told that students had informally complained that his conduct was offensive, and was cautioned that his behavior could be considered to be in contravention of the College\u2019s policies. Alas, these cautions went unheeded. Despite this, it is clear that Stephens was on notice that his conduct was unacceptable. Under all of these circumstances, we conclude that the trial court did not err in affirming the decision of the ALJ. -10- The decision of the trial court is affirmed. Costs are to be taxed to the appellant, Ken Stephens, and his surety, for which execution may issue, if necessary. ___________________________________ M. KIRBY, J. -11- 2/17/25, 3:28 Ken Stephens v. Roane State Community College \u2013 CourtListener.com 10/10", "7525_102.pdf": "(/) ( ( (/opinions-news-feeds) ( (/AOC%20Podcasts/) ( Home (/) / Courts (/courts) / Court of Appeals (/courts/court-appeals Supreme Court (/courts/supreme-court) About (/courts/court-appeals/about) News (/courts/court-appeals/news) Judges (/courts/court-appeals/judges) Opinions (/courts/court-appeals/opinions) Oral Arguments (/courts/court-appeals/oral-arguments?c=28) Rules (/courts/court-rules/court-appeals-rules) Proposed Rules & Amendments (/rules/proposed) Court of Appeals (/courts/court-appeals) Court of Criminal Appeals (/courts/court-criminal-appeals) Appellate Court Clerk's Office (/courts/appellate-court-clerks-office) Circuit, Criminal, Chancery, Business Courts & Three-Judge Panels (/courts/circuit-criminal-chancery-courts) General Sessions Courts (/courts/general-sessions-courts) Juvenile & Family Courts (/courts/juvenile-family-courts) Municipal Courts (/courts/municipal-courts) Court Clerks (/courts/court-clerks) Court Rules (/courts/rules County Authoring Judge Originating Judge Date Filter mm/dd/yyyy mm/dd/yyyy Case Number Case Name Keyword Search Sort by Order Submit Reset Charles Larry Honeycutt v. Ann Marie Migliaccio (/sites/default/files/OPINIONS/TCA/PDF/034/Honeyc.pdf) W2003-00233-COA-R3 Authoring Judge: Judge W. Frank Crawford Trial Court Judge: Arnold B. Goldin Shelby Court of Appeals 09/16/03 - Any - Date Filed Desc 2/17/25, 3:28 | Tennessee Administrative Office of the Courts 1/5 Cynthia Faye Davis v. Terry Reggie Davis (/sites/default/files/OPINIONS/TCA/PDF/034/DavisC.pdf) W2002-02998-COA-R3 Authoring Judge: Judge David R. Farmer Trial Court Judge: George R. Ellis Gibson Court of Appeals 09/16/03 Estelle Frame vs. Kenneth Frame Jr. (/sites/default/files/OPINIONS/TCA/PDF/034/Frame.pdf) W2002-00490-COA-R3 Authoring Judge: Judge W. Frank Crawford Trial Court Judge: Robert L. Childers This is a father's appeal of an order which, inter alia, increased a child support obligation based upon the finding of willful and voluntary unemployment. On mother's motion, the appeal is dismissed for failure to timely file a notice of appeal pursuant to Tenn. R. App. P. 4. Shelby Court of Appeals 09/16/03 Dept. Children Serv. vs. Ericka Everson (/sites/default/files/OPINIONS/TCA/PDF/034/Everson.pdf) W2002-01085-COA-R3 Authoring Judge: Judge Holly M. Kirby Trial Court Judge: Charles V. Moore This case involves the termination of parental rights. The two children lived with their single mother in Arkansas. The mother and children stayed temporarily with the children's grandfather in Arkansas, who sexually abused one of the children. After the grandfather threatened the mother, she and the children went to Tennessee and stayed with the children's grandmother. The mother went back to Arkansas and left the children with the grandmother in Tennessee. The grandmother repeatedly sought medical attention for one of the children physician determined that the child was a victim of Manchausen Syndrome by Proxy, a form of child abuse in which the caretaker exaggerates or secretly induces symptoms of illness in the victim and then seeks medical attention for the victim's \"illness.\" Both children were taken into custody by the Tennessee Department of Children's Services permanency plan was designed for the children's mother. The mother failed to comply with the permanency plan, provide support for the children, or visit the children on a regular basis. In addition, she abducted the children from foster care and would not protect them from the abusive grandmother. The State filed a petition to terminate the mother's parental rights. The trial court granted the petition, and the mother appeals. We affirm, finding that termination of the mother's parental rights was warranted on several grounds and that termination was in the children's best interest. Dyer Court of Appeals 09/15/03 W2002-02221-COA-R3 (/sites/default/files/OPINIONS/TCA/PDF/034/Hunger.pdf) W2002-02221-COA-R3 Authoring Judge: Judge Holly M. Kirby Court of Appeals 09/15/03 Ursula Wimpee v. Grange Mutual Casualty Company (/sites/default/files/OPINIONS/TCA/PDF/034/Wimpee.pdf) W2002-02795-COA-R3 Authoring Judge: Presiding Judge Alan E. Highers Trial Court Judge: John R. Mccarroll, Jr. Shelby Court of Appeals 09/15/03 W2002-01945-COA-R3 (/sites/default/files/OPINIONS/TCA/PDF/034/hardis.pdf) W2002-01945-COA-R3 Authoring Judge: Judge W. Frank Crawford Trial Court Judge: Walter L. Evans Shelby Court of Appeals 09/15/03 Leslie M. Buchholz v. Tennessee Farmers Life (/sites/default/files/OPINIONS/TCA/PDF/034/buchh.pdf) W2002-02989-COA-R3 Authoring Judge: Judge W. Frank Crawford Trial Court Judge: Joe C. Morris Madison Court of Appeals 09/15/03 Kassandra Greene vs. Tarry Greene (/sites/default/files/OPINIONS/TCA/PDF/034/Greenek.pdf) E2002-02611-COA-R3 Authoring Judge: Presiding Judge Herschel P. Franks Trial Court Judge: L. Marie Williams The Trial Court granted divorce, divided the marital assets, and assigned debts. The husband has appealed. We affirm. Hamilton Court of Appeals 09/15/03 E2002-02809-COA-R3 (/sites/default/files/OPINIONS/TCA/PDF/034/micklesd.pdf) E2002-02809-COA-R3 Authoring Judge: Presiding Judge Herschel P. Franks Trial Court Judge: John F. Weaver Knox Court of Appeals 09/15/03 Marion Mitchell v. Patricia Mitchell (/sites/default/files/OPINIONS/TCA/PDF/034/mitchellm.pdf) E2002-03030-COA-R3 Authoring Judge: Judge Charles D. Susano, Jr. Trial Court Judge: William E. Lantrip This is a post-divorce proceeding. Patricia Mitchell (\"Wife\") filed a petition seeking to modify the parties' previously-modified judgment of divorce. She alleged a change of circumstances and sought \"an increased alimony award.\" Some 23 months later, and at a regularly scheduled hearing on the merits, the trial court denied Wife's motion for a continuance and dismissed her petition against Marion Mitchell (\"Husband\"). The trial court subsequently denied Wife's motion to reconsider. Wife appeals, asserting that the trial court erred in failing to grant her motion for continuance and in failing to reconsider that decision. We affirm. Anderson Court of Appeals 09/15/03 W2002-02672-COA-R3 (/sites/default/files/OPINIONS/TCA/PDF/033/LeggettCathy.pdf) W2002-02672-COA-R3 Authoring Judge: Judge David R. Farmer Trial Court Judge: Sam C. Nailling Obion Court of Appeals 09/12/03 2/17/25, 3:28 | Tennessee Administrative Office of the Courts 2/5 Wanda Hobson v. The Metropolitan Government of Nashville and Davidson County, Tennessee (/sites/default/files/OPINIONS/TCA/PDF/033/Hobson.pdf) M2002-02512-COA-R3 Authoring Judge: Judge David R. Farmer Trial Court Judge: Judge Barbara N. Haynes Plaintiff initiated this action alleging breach of contract, interference with contractual relations, and pursuant to the Governmental Tort Liability Act. The trial court dismissed the action for failure to state a claim. We affirm. Davidson Court of Appeals 09/08/03 Shirley P. Secrest v. Tera C. Haynes, et al. (/sites/default/files/OPINIONS/TCA/PDF/033/SecrestS.pdf) M2002-01895-COA-R3 Authoring Judge: Judge David Michael Swiney Trial Court Judge: Judge F. Lee Russell The appeal involves a claim for property damages by Shirley Secrest (\"Secrest\" or \"Plaintiff\") against Kenneth Smith and Tera Haynes, who were driving separate vehicles involved in a multi-vehicle accident with a vehicle owned by Plaintiff. After a trial, the Trial Court concluded that while the driver of Plaintiff's vehicle was not at fault and that either one or both of the Defendants were at fault, the complaint nevertheless should be dismissed because: (1) Plaintiff failed to prove by a preponderance of the evidence that Kenneth Smith was negligent; and (2) Plaintiff failed to prove by a preponderance of the evidence that Tera Haynes was negligent. Plaintiff appeals, claiming the Trial Court was required to allocate fault to Smith and/or Haynes once it concluded that Plaintiff was not at fault and either one or both of the Defendants were at fault. We affirm. Marshall Court of Appeals 09/08/03 Alexander C. Wells v. James Hefner, et al. (/sites/default/files/OPINIONS/TCA/PDF/033/Wellsac.pdf) M2002-02502-COA-R3 Authoring Judge: Judge David R. Farmer Trial Court Judge: Judge Barbara N. Haynes Plaintiff filed a cause of action against several state employees for malicious prosecution. The trial court dismissed the action for lack of subject matter jurisdiction. We reverse. Davidson Court of Appeals 09/05/03 Sharron Johnson et al., Rodney Lockhart (/sites/default/files/OPINIONS/TCA/PDF/033/Johnssh.pdf) M2002-00623-COA-R3 Authoring Judge: Judge William B. Cain Trial Court Judge: Judge C. L. Rogers Sharron Johnson brought suit against her former husband, Rodney Lockhart, alleging breach of an oral contract to pay equal shares of the college expenses for their son, Paul G. Lockhart. The Circuit Court of Sumner County entered judgment for Ms. Johnson, and Mr. Lockhart appeals. We affirm the judgment of the trial court. Sumner Court of Appeals 09/05/03 John McConkey v. State of Tennessee (/sites/default/files/OPINIONS/TCA/PDF/033/Mcconk.pdf) M2002-02671-COA-R12 Authoring Judge: Judge David Michael Swiney Trial Court Judge: Commissioner W.R. Baker John McConkey (\"Plaintiff\") had a vasectomy performed by a state-employed doctor. Plaintiff experienced swelling and pain after the operation, which he claimed caused him to lose time at work and caused problems in his marriage. Plaintiff underwent two subsequent surgeries including the removal of his left testicle. Plaintiff brought this claim against the doctor who performed the vasectomy. Plaintiff had no expert witness at trial. After trial, the Claims Commission (\"Commission\") entered an order holding, inter alia, that Plaintiff did not carry his burden of proof to establish a res ipsa loquitur case. Plaintiff appeals. We affirm. Court of Appeals 09/04/03 In the Matter of the Estate of Nola Layne Deskins, Nona Deskins Sanders, Lioubov V. Deskins, and Estate of Thomas A. Deskins, v. Randall Deskins and Thelma Deskins & Thelma Deskins (/sites/default/files/OPINIONS/TCA/PDF/033/deskinsn.pdf) E2003-00427-COA-R3 Authoring Judge: Judge Herschel P. Franks Trial Court Judge: Judge Jeffrey D. Rader In this Estate dispute, the Trial Court dismissed claims of two claimants. We affirm, dismissal of claimant who died on grounds his Estate had no standing to proceed. We reinstate the action of the other claimant on grounds she is not estopped to maintain her action. Sevier Court of Appeals 09/04/03 Angela Kamille Draper, as parent, survivor, and next friend of Bryanna Faith Draper, deceased v. State of Tennessee (/sites/default/files/OPINIONS/TCA/PDF/033/drapera.pdf) E2002-02722-COA-R3 Authoring Judge: Judge Herschel P. Franks Trial Court Judge: Commissioner Vance Cheek In action against the State of Tennessee and a state employee, the Commissioner held he had no jurisdiction of the claims. On appeal, we affirm. Sullivan Court of Appeals 09/04/03 2/17/25, 3:28 | Tennessee Administrative Office of the Courts 3/5 Linda Laws, Estate of Mary Eula Sloat, Deceased v. Water and Light Commission of Greeneville (/sites/default/files/OPINIONS/TCA/PDF/033/lawsl.pdf) E2002-01152-COA-R3 Authoring Judge: Presiding Judge Houston M. Goddard Trial Court Judge: Judge Ben K. Wexler This appeal questions whether the Trial Court erred in its judgment against the Appellant/Defendant, Water and Light Commission of the Town of Greeneville, Tennessee, for personal injuries sustained by a Greeneville resident as a result of the smoking of sewer lines by the Appellant. We affirm This appeal questions whether the Trial Court erred in its judgment against the Appellant/Defendant, Water and Light Commission of the Town of Greeneville, Tennessee, for personal injuries sustained by a Greeneville resident as a result of the smoking of sewer lines by the Appellant. We affirm the judgment of the Trial Court. Greene Court of Appeals 09/03/03 Department of Children's Services v. C.L. & M.T. (/sites/default/files/OPINIONS/TCA/PDF/033/CL%26MT.pdf) M2001-02729-COA-R3 Trial Court Judge: Andrei E. Lee At issue in this appeal is the petition filed by the Department of Children's Services to terminate the parental rights of Mother and Father to nine of their children. After a trial, the trial court granted the petition to terminate the parental rights of Mother and Father based on abandonment, failure to comply with the Permanency Plans, and persistence of the conditions which led to the removal. Each parent independently appeals the decision of the trial court, arguing that there was not clear and convincing evidence to support the trial court's ruling. Because we find that grounds for termination were not proved as to either parent, we reverse the judgment terminating Father's and Mother's parental rights. Davidson Court of Appeals 08/29/03 M2002-02661-COA-R3 (/sites/default/files/OPINIONS/TCA/PDF/033/staubach.pdf) M2002-02661-COA-R3 Authoring Judge: Judge Ben H. Cantrell Trial Court Judge: Irvin H. Kilcrease, Jr. Davidson Court of Appeals 08/29/03 In Re: The Estate of Merle Halliburton Neal Myers v. Farmers & Merchants Bank Corp., Inc. Brooksie Byers, Douglas Myers, James Myers (/sites/default/files/OPINIONS/TCA/PDF/033/Myersestate.pdf) M2002-00888-COA-R3 Authoring Judge: Judge Patricia J. Cottrell Trial Court Judge: Judge Robert E. Burch After the death of their elderly mother, her sons discovered that the decedent's stepson and his wife had used a power of attorney to transfer the funds from the decedent's $20,000 to themselves. The decedent's son filed a petition to have the money restored to her estate. The trial court held that the was a valid inter vivos gift from the decedent. We reverse, because there is no evidence in the record that such a gift was ever made. Stewart Court of Appeals 08/29/03 Barbara Lee Bunce Kerce v. Stephen Paul Kerce (/sites/default/files/OPINIONS/TCA/PDF/033/KerceBarbara.pdf) M2002-01744-COA-R3 Authoring Judge: Judge William B. Cain Trial Court Judge: Lee Russell The appellant Stephen Paul Kerce challenges the divorce decree entered in Moore County Circuit Court, alleging that the court erred in its valuation and distribution of the marital estate. We affirm. Moore Court of Appeals 08/29/03 In Re: Lillie Odessie Green, Decedent (/sites/default/files/OPINIONS/TCA/PDF/033/Green.pdf) M2002-01672-COA-R3 Authoring Judge: Judge Royce Taylor Trial Court Judge: Frank G. Clement, Jr. The court is asked to construe the following language contained in a form will give all my estate to my children, if any, who survive me in equal shares, per stirpes.\" The testatrix was survived by four of her five children. The trial court held that the two children of the testatrix's child who predeceased her did not take any of her estate. We hold likewise. Davidson Court of Appeals 08/29/03 \u00ab First (? c=27&page=0) \u2039\u2039 (? c=27&page=499) 497 (? c=27&page=496) 498 (? c=27&page=497) 499 (? c=27&page=498) 500 (? c=27&page=499) 502 (? c=27&page=501) 503 c=27&pa Administrative Office of the Courts 511 Union Street, Suite 600 Nashville 37219 501 (? c=27&page=500) 2/17/25, 3:28 | Tennessee Administrative Office of the Courts 4/5 \u00a9 2025 Tennessee Courts System Mission: To serve as a trusted resource to assist in improving the administration of justice and promoting confidence in the Judiciary (/administration/human-resources/ada-policy (/administration/human-resources/title-vi-title-ix (/employment (/board-of-judicial-conduct (/sites/default/files/docs/administrative_policy_aoc_records_policy_-_effective_4-19-18.pdf (/privacy-policy (/sitemap (/contact) Select Language Powered by Translate ( 2/17/25, 3:28 | Tennessee Administrative Office of the Courts 5/5", "7525_103.pdf": "(/) ( ( (/opinions-news-feeds) ( (/AOC%20Podcasts/) ( Home (/) / Courts (/courts) / Court of Appeals (/courts/court-appeals (/courts/court-appeals/opinions) / Ken Stephens V. Roane State Community College Supreme Court (/courts/supreme-court) About (/courts/court-appeals/about) News (/courts/court-appeals/news) Judges (/courts/court-appeals/judges) Opinions (/courts/court-appeals/opinions) Oral Arguments (/courts/court-appeals/oral-arguments?c=28) Rules (/courts/court-rules/court-appeals-rules) Proposed Rules & Amendments (/rules/proposed) Court of Appeals (/courts/court-appeals) Court of Criminal Appeals (/courts/court-criminal-appeals) Appellate Court Clerk's Office (/courts/appellate-court-clerks-office) Circuit, Criminal, Chancery, Business Courts & Three-Judge Panels (/courts/circuit-criminal-chancery-courts) General Sessions Courts (/courts/general-sessions-courts) 2/17/25, 3:28 Ken Stephens v. Roane State Community College | Tennessee Administrative Office of the Courts 1/3 Juvenile & Family Courts (/courts/juvenile-family-courts) Municipal Courts (/courts/municipal-courts) Court Clerks (/courts/court-clerks) Court Rules (/courts/rules) Case Number: Authoring Judge: Originating Judge: Case Name: Date Filed: Download Version: Ken Stephens v. Roane State Community College M2001-03155-COA-R3 This is a sexual harassment case. The plaintiff was a tenured professor at the defendant college. In 1996, one of the professor's students filed a complaint of sexual harassment with the college, alleging that the professor engaged in unwelcome sexual conduct and created a hostile educational environment. After a hearing, an administrative law judge determined that the professor had committed the acts charged. Consequently, the professor was suspended without pay for six months. The professor appealed the administrative decision to the trial court. The trial court upheld the decision, using a deferential standard of review, and the professor filed the first appeal in this case. On appeal, this Court reversed and remanded for a review de novo on the record. On remand, the trial court reviewed the case de novo on the record and again upheld the ALJ's decision. The professor now appeals. We affirm, finding that the trial court did not abuse its discretion in refusing to allow the professor to testify in person at the rehearing on remand, and that the trial court did not err in finding that the ALJ's decision was supported by clear and convincing evidence. Judge Holly M. Kirby Irvin H. Kilcrease, Jr. Ken Stephens v. Roane State Community College Tue, 08/12/2003 - 12:00 Dissent or Concur No StephensK.pdf ( 46.43 \ue022 Administrative Office of the Courts 511 Union Street, Suite 600 Nashville 37219 \u00a9 2025 Tennessee Courts System Mission: To serve as a trusted resource to assist in improving the administration of justice and promoting confidence in the Judiciary (/administration/human-resources/ada-policy) 2/17/25, 3:28 Ken Stephens v. Roane State Community College | Tennessee Administrative Office of the Courts 2/3 (/administration/human-resources/title-vi-title-ix (/employment (/board-of-judicial-conduct (/sites/default/files/docs/administrative_policy_aoc_records_policy_-_effective_4-19-18.pdf (/privacy-policy (/sitemap (/contact) Select Language Powered by Translate ( 2/17/25, 3:28 Ken Stephens v. Roane State Community College | Tennessee Administrative Office of the Courts 3/3"} |
8,363 | James Heaps | University of California – Los Angeles | [
"8363_101.pdf",
"8363_102.pdf",
"8363_103.pdf",
"8363_104.pdf",
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] | {"8363_101.pdf": "NEWS: Black History Month 2025 2/17/25, 3:29 call for greater transparency following Heaps investigation - Daily Bruin 1/8 call for greater transparency following Heaps investigation administrators informed students June 10 about the investigation and arrest of James Heaps, a former doctor, for sexual battery charges. The campuswide statement came about a year and a half after launched an initial Title investigation in response to complaints against Heaps. (Daily Bruin file photo) By Marilyn Chavez-Martinez and Sameera Pant June 24, 2019 10:18 a.m took over a year to notify students of the investigation of a former doctor accused of sexual battery. University officials sent a campuswide email June 10 regarding the arrest of James Heaps, a former Health obstetrician and gynecologist. Undergraduate Student Association Council President Robert Watson said he felt the fact that students were not immediately informed of the Title investigation may have put students in danger. \u201cStudents didn\u2019t know about it until maybe a month ago, which is not only think, a 2/17/25, 3:29 call for greater transparency following Heaps investigation - Daily Bruin 2/8 threat of safety, but also just doesn\u2019t really show a lot of accountability and transparency behind these accusations,\u201d Watson said. In December 2017 launched a Title investigation after receiving a complaint of inappropriate touching and comments made by Heaps toward patients, said David Olmos, a Health spokesperson, in an email statement. Heaps\u2019 arrest came about a year and a half after began investigating him. Heaps pled not guilty to two counts of sexual battery and one count of sexual exploitation by a physician. The initial investigation led to the discovery of two other complaints against Heaps from 2014 and 2015. The 2015 complaint stemmed from an anonymous Yelp review about 2008 events, Olmos said. The review alleged that Heaps had sexually assaulted the person who posted the comment while they were a student Health notified Heaps on April 25, 2018 that his employment would end. Heaps has not practiced at the what is now known as the Arthur Ashe Student Health and Wellness Center since 2010, Olmos said. Prior to that, Heaps was a part-time consulting physician starting in 1983. In May 2018, the Title office referred the case to medical staff to assess whether Heaps\u2019 treatment was medically appropriate. \u201cThe results of that initial investigation were not concluded due to a need for clarification as to the medical appropriateness of Heaps\u2019 practice,\u201d Olmos said. That investigation was concluded some time after his termination, but Olmos did not give a specific date for the end of the investigation. Heaps was removed from clinical practice and placed on paid investigative leave June 14, 2018, after an investigation substantiated allegations of billing irregularities and violation of the Sexual Violence and Sexual Harassment policy, Olmos said. The leave was paid, as required under the University\u2019s academic personnel policies, Olmos added. \u201cWe reported him to the Medical Board of California, the U.S. Department of Health & Human Services\u2019 Office of Inspector General and law enforcement\u201d Olmos said \u201cWe 2/17/25, 3:29 call for greater transparency following Heaps investigation - Daily Bruin 3/8 Human Services Office of Inspector General, and law enforcement, Olmos said. We also informed Dr. Heaps that his employment was being terminated, after which he announced he was retiring.\u201d Olmos said Health learned of a fourth patient complaint about 2018 events after Heaps was no longer employed. Since his arrest, at least 22 women have come forward against Heaps, according to the Los Angeles Times. Student government officials from and USC, who collectively represent over 93,000 students, released a joint statement calling for more transparency. \u201cAs we approach a new school year, both institutions have an extraordinary opportunity to rethink health approaches and reshape workplace culture,\u201d the joint statement said. \u201cThey also have a necessary obligation to protect the integrity, well-being, and safety of all students; we call for this to be the top priority for all campus departments at and UCLA.\u201d Watson said Chancellor Gene Block has not addressed the matter with directly. Watson added he would like administrators to communicate more with in regards to matters concerning student safety and well-being, such as the Heaps investigation. Watson said he thinks the way handled communication about this case resembled the way handled communication regarding former professor Thomas Denove, who was arraigned for charges of sexual assault of minors one month before he retired from UCLA. The university did not notify students of the charges brought against Denove. \u201cWe just don\u2019t know \u2026 whether it\u2019s a professor, whether it\u2019s a health practitioner, until they\u2019ve already been interacting with students, seeing more students after these allegations, we just don\u2019t know about it,\u201d Watson said. Watson said he understands there are privacy regulations regarding the communication of personnel matters and investigations. However, he said he thinks students should be informed due to the gravity of the accusations. \u201cIt seems like for accusations that are as serious as these, that the student body or students that have the potential to interact with these individuals should be made 2/17/25, 3:29 call for greater transparency following Heaps investigation - Daily Bruin 4/8 students that have the potential to interact with these individuals should be made aware that there is some sort of ongoing conduct investigation,\u201d Watson said. Under the Clery Act, universities are required to immediately notify the campus community upon the confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees on the campus. Graduate Students Association President Zak Fisher said he thinks students should be able to publicly voice their concerns to administrators regarding the Heaps investigation understand and respect that there are ongoing legal proceedings that limit our capacities to prudently speak on any individual case, but there is consensus among graduate students that Chancellor Block\u2019s administration lacks fundamental transparency, including and perhaps especially when it comes to very serious issues like sexual assault,\u201d Fisher said. The preliminary hearing for the charges against Heaps will take place Wednesday at the Airport Courthouse. Share this story: Facebook Twitter Reddit Email Marilyn Chavez-Martinez | News and outreach senior staff Chavez-Martinez was the 2020-2021 Outreach Director. She was previously an assistant news editor managing the campus politics beat and still writes for the Daily Bruin news section occasionally. She is also a fourth-year English and Economics student at UCLA. Sameera Pant Pant is the assistant News editor for Science and Health. She was previously a News contributor. Pant is a second-year economics student who enjoys writing about sustainability and public health. 2/17/25, 3:29 call for greater transparency following Heaps investigation - Daily Bruin 5/8 \u00bb About Contact Submit Advertise Staff Stonewall Editorial Board Privacy Comment Policy Community Guide Copyright \u00a9 2025 Daily Bruin 2/17/25, 3:29 call for greater transparency following Heaps investigation - Daily Bruin 6/8 2/17/25, 3:29 call for greater transparency following Heaps investigation - Daily Bruin 7/8 2/17/25, 3:29 call for greater transparency following Heaps investigation - Daily Bruin 8/8", "8363_102.pdf": "Court finds former gynecologist guilty of sexually abusing patients 21, 2022 \u00b7 12:56 By Emily Olson gynecologist James Heaps appears in Los Angeles Superior Court in 2019. Al Seib/Los Angeles Times via former obstetrician-gynecologist who spent more than three decades working for the University of California, Los Angeles, has been convicted of sexually 24 Hour Program Stream On Air Now 2/17/25, 3:29 doctor James Heaps found guilty of sexually abusing his patients 1/6 abusing his patients jury on Thursday found Dr. James Heaps guilty of five felony counts, including three counts of sexual battery by fraud and two counts of sexual penetration of an unconscious person, according to the County District Attorney's office. Heaps' arrest in 2019 led thousands of women to claim sexual abuse by the doctor, and, to date has spent about $700 million in lawsuit settlements for its alleged role in concealing the abuse jurors were hung on nine counts 2020 special investigative report alleged that Heaps had used painful vaginal examination techniques, unnecessarily groped and touched patients during exams and made inappropriate sexual comments to patients and staff. Heaps was facing 21 felony counts in total. He was acquitted on three counts of sexual battery by fraud, three counts of sexual penetration of an unconscious person and one count of sexual exploitation of a patient. Jurors couldn't reach a verdict on nine more counts, including three counts of sexual battery by fraud, four counts of sexual penetration of an unconscious person and two counts of sexual exploitation of a patient County District Attorney George Gasc\u00f3n said in a statement he was \"obviously disappointed\" in the acquitted counts, but thanked jurors for bringing \"some measure of accountability to Dr. Heaps.\" Gasc\u00f3n's office said it has not yet decided whether to retry the hung counts. \"The trauma Dr. Heaps inflicted on the very people he had sworn to care for is immeasurable,\" Gasc\u00f3n said. Heaps' sentencing is scheduled for Nov. 17. 2/17/25, 3:29 doctor James Heaps found guilty of sexually abusing his patients 2/6 Two victims of gynecologist Dr. James Heaps hold hands during a May press conference Photo/Marcio Jose Sanchez) Marcio Jose Sanchez has agreed to pay over $700 million in lawsuits Defense attorney Lenny Levine argued that Heaps' actions were medically appropriate and conducted with female staff present, according to the Los Angeles Times. \"He's either a doctor out there doing his job, or he's a maniacal monster sex fiend out there looking for sex whenever he can,\" Levine said during closing arguments. \"Those are your two choices.\" The charges brought against Heaps all involved incidents that occurred between 2009 and 2018, a period that falls within the statute of limitations for criminal charges. 2/17/25, 3:29 doctor James Heaps found guilty of sexually abusing his patients 3/6 Since Heaps' arrest in 2019, thousands of women have come forward to claim he abused them through filed lawsuits. College medical abuse represents the latest wave of the #MeToo movement For one such suit, settled in 2020 for $73 million agreed to create a fund to pay more than 5,500 victims participating in a class action. The payments to individual accusers would range from $2,500 to $250,000. Women alleged in the suit that the university ignored decades of complaints and intentionally concealed the abuse before beginning to investigate Heaps in 2018 state investigation and a later internal review both reported that the university repeatedly failed to investigate allegations, allowing Heaps to keep practicing. Hundreds of women who claim doctors sexually assaulted them have also filed lawsuits against University of Michigan, University of Southern California, Michigan State University, Ohio State University, John Hopkins University and Columbia University. The allegations against sexual misconduct in college medical offices have been cast as the latest wave of the #MeToo movement, which started five years ago this month and continues to spread globally. sexual abuse ucla health #metoo 2/17/25, 3:29 doctor James Heaps found guilty of sexually abusing his patients 4/6 News without the noise Our journalists summarize the biggest stories in the Up First newsletter so you can stay informed, not overwhelmed. See more subscription options By subscribing, you acknowledge and agree to NPR's Terms of Use and Privacy Policy may share your name and email address with your station. See Details. Email address Home News Culture Music Podcasts & Shows Newsletters Facebook Instagram Press Public Editor Corrections Contact & Help Overview Diversity Network Accessibility Ethics Finances Support Public Radio Sponsor Careers Shop Events Extra 2/17/25, 3:29 doctor James Heaps found guilty of sexually abusing his patients 5/6 terms of use privacy your privacy choices text only \u00a9 2025 npr 2/17/25, 3:29 doctor James Heaps found guilty of sexually abusing his patients 6/6", "8363_103.pdf": "university in $250m payout for doctor's sex abuse 9 February 2022 Share Save Getty Images Gynaecologist James Heaps also faces criminals sexual abuse charges The University of California has agreed to pay nearly $250m (\u00a3185m) to over 200 women who allege they were sexually assaulted by a campus gynaecologist. Multiple women accuse the university's Los Angeles site (UCLA) of deliberately hiding James Heaps' alleged sexual abuse of patients. Mr Heaps was based at the student health centre during his 35-year career between 1983 and 2018. Hundreds of women, some of whom had cancer, say they were abused by him. The university did not begin investigating complaints against Mr Heaps until 2017. It has been accused in hundreds of lawsuits of deliberately hiding the gynaecologist's alleged sexual abuse of patients. His medical licence was suspended by a judge in 2019 for the duration of the sex abuse case. The university said it hoped the financial settlement would provide \"healing and closure\" for the women involved. Mr Heaps faces 21 criminal counts of sexual abuse against seven women and has pleaded not guilty. Home News Sport Business Innovation Culture Arts Travel Earth Audio Video Live Register Sign In 2/17/25, 3:29 university in $250m payout for doctor's sex abuse 1/4 Related \"The conduct alleged to have been committed by Heaps is reprehensible and contrary to the University's values,\" a statement said on Tuesday. \"Our first and highest obligation will always be to the communities we serve, and we hope this settlement is one step toward providing healing and closure for the plaintiffs involved.\" But Kara Cagle, a breast cancer survivor who reported Mr Heaps while she was undergoing treatment at the university, told the Los Angeles Times: \"Today, after eight long years received recognition of what happened to me. \"Although there is some consolation in that, my heart breaks for all the women who were not spared, all the women who suffered after me, because refused to act.\" Tuesday's settlement does not halt an ongoing lawsuit by more than 300 patients. Last July, a federal judge approved a $73m settlement against Mr Heaps, which was brought by more than 5,500 women. According to lawyers in the case, he was once the highest paid doctor in the entire University of California system. John Manley, a lawyer representing one of the women who has filed criminal charges against Mr Heaps, alleged he was a sophisticated predator who committed abuse under the guise of normal medical examinations. \"He was a board-certified gynaecologist and a board-certified oncologist. Most of the women... were there because they had cancer or they thought they had cancer,\" Mr Manley told the BBC. The federal lawsuits said that Mr Heaps was not properly investigated until the university received a complaint in 2017, and that he was allowed to continue seeing patients during the inquiry into his actions, and even after the university told him that his contract would not be renewed. The latest payout follows a series of a large settlements with universities over patient abuse by campus doctors. Last month, the University of Michigan reached a $490m settlement with more than 1,000 people who say they were abused by a sports doctor during his four-decade career. Meanwhile, three women are suing another of America's most prestigious colleges, Harvard, on the grounds it also ignored sexual harassment allegations. Professor John Comaroff, an anthropologist, denies their allegations that he kissed and groped them university reaches $490m sex abuse settlement Nassar abuse victims get $500m settlement United States California Trump appeals to Supreme Court over firing of agency boss 9 mins ago & Canada China anger as amends wording on Taiwan independence 9 mins ago World At least nine dead in floods and heavy rain 7 hrs ago & Canada 2/17/25, 3:29 university in $250m payout for doctor's sex abuse 2/4 More Follow on: 3 days ago vehicle swept into ocean as rain hits fire- ravaged area Debris and mud flow pushes a fire department car into the Pacific as a rainstorm lashed county. 3 days ago & Canada 3 days ago Too quiet on set? 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All rights reserved. The is not responsible for the content of external sites. Read about our approach to external linking. 2/17/25, 3:29 university in $250m payout for doctor's sex abuse 4/4", "8363_104.pdf": "former gynecologist at the University of California, Los Angeles was sentenced Wednesday to 11 years in prison for sexually abusing female patients, in a criminal Ex gynecologist sentenced to 11 years in sex abuse case - James Heaps appears in the Los Angeles Superior Court on Wednesday, June 26, 2019. Heaps a former gynecologist at the University of California, Los Angeles has been sentenced to 11 years in prison for sexually abusing female patients over the course of a 35-year career. (Al Seib/Los Angeles Times via AP, Pool, File) Read More Published 7:21 CST, April 26, 2023 \u2018SNL50' Polar vortex All-Star Game Congo Shakira 2/17/25, 3:29 Ex gynecologist sentenced to 11 years in sex abuse case News 1/6 trial that came after the university system made nearly $700 million in lawsuit payouts connected to the case. Dr. James Heaps, 66, has been in custody since a jury convicted him in October of three counts of sexual battery by fraud and two counts of sexual penetration of two patients. After sentencing Heaps, Judge Michael D. Carter ordered him to register as a sex offender, the Los Angeles County District Attorney\u2019s Office said. Heaps, a longtime campus gynecologist, had pleaded not guilty to 21 felony counts in the sexual assaults of seven women between 2009 and 2018. The jury found him not guilty of seven of the 21 counts and was deadlocked on the remaining charges. Heaps was indicted in 2021 on multiple counts each of sexual battery by fraud, sexual exploitation of a patient and sexual penetration of an unconscious person by fraudulent representation. In the wake of the scandal that erupted in 2019 following the doctor\u2019s arrest agreed to pay nearly $700 million in lawsuit settlements to hundreds of Heaps\u2019 patients \u2014 a record amount by a public university amid a wave of sexual misconduct scandals by campus doctors in recent years 2/17/25, 3:29 Ex gynecologist sentenced to 11 years in sex abuse case News 2/6 Harvey Weinstein says he was duped into guaranteeing $45M loan, sues brother and other movie execs 2/17/25, 3:29 Ex gynecologist sentenced to 11 years in sex abuse case News 3/6 Who is Danielle Sassoon, the attorney who resigned rather than drop charges against Eric Adams? 2/17/25, 3:29 Ex gynecologist sentenced to 11 years in sex abuse case News 4/6 patients said Heaps groped them, made suggestive comments or conducted unnecessarily invasive exams during his 35-year career. Women who brought the lawsuits said the university ignored their complaints and deliberately concealed abuse that happened for decades during examinations at the student health center, the Ronald Reagan Medical Center or in Heaps\u2019 campus office. Heaps continued to practice until his retirement in June 2018. Prosecutors to present evidence Colorado dentist charged in wife\u2019s death tried to kill detective 2/17/25, 3:29 Ex gynecologist sentenced to 11 years in sex abuse case News 5/6 Trump administration wants the Supreme Court to let the firing of whistleblower agency head proceed Justice Department\u2019s independence is threatened as Trump\u2019s team asserts power over cases and staff Trump moves with dizzying speed on his to-do list. But there are warning signs in his first month New York police find body of missing man they say was tortured for more than a month by 5 people presented Ukraine with a document to access its minerals but offered almost nothing in return 1 2 3 4 5 2/17/25, 3:29 Ex gynecologist sentenced to 11 years in sex abuse case News 6/6", "8363_105.pdf": "Ex gynecologist James Heaps sentenced to 11 years for sexually abusing patients April 27, 2023 / 4:52 former gynecologist at the University of California, Los Angeles was sentenced Wednesday to 11 years in prison for sexually abusing female patients, in a criminal trial that came after the university system made nearly $700 million in lawsuit payouts connected to the case. Dr. James Heaps, 66, has been in custody since a jury convicted him in October of three counts of sexual battery by fraud and two counts of sexual penetration of two patients. U.S. World Politics HealthWatch MoneyWatch Entertainment Crime Sports Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/17/25, 3:29 Ex gynecologist James Heaps sentenced to 11 years for sexually abusing patients News 1/4 After sentencing Heaps, Judge Michael D. Carter ordered him to register as a sex offender, the Los Angeles County District Attorney's Office said. Heaps, a longtime campus gynecologist, had pleaded not guilty to 21 felony counts in the sexual assaults of seven women between 2009 and 2018. The jury found him not guilty of seven of the 21 counts and was deadlocked on the remaining charges. Heaps was indicted in 2021 on multiple counts each of sexual battery by fraud, sexual exploitation of a patient and sexual penetration of an unconscious person by fraudulent representation. In the wake of the scandal that erupted in 2019 following the doctor's arrest agreed to pay nearly $700 million in lawsuit settlements to hundreds of Heaps' patients \u2014 a record amount by a public university amid a wave of sexual misconduct scandals by campus doctors in recent years. June 26, 2019 file photo shows Dr. James Heaps appearing in Los Angeles Superior Court Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/17/25, 3:29 Ex gynecologist James Heaps sentenced to 11 years for sexually abusing patients News 2/4 patients said Heaps groped them, made suggestive comments or conducted unnecessarily invasive exams during his 35-year career. Women who brought the lawsuits said the university ignored their complaints and deliberately concealed abuse that happened for decades during examinations at the student health center, the Ronald Reagan Medical Center or in Heaps' campus office. At one time, he was reportedly the highest paid physician in the system and had treated about 6,000 patients Los Angeles reports. More than 500 lawsuits were filed against Heaps and UCLA, accusing the school of failing to protect patients after becoming aware of the misconduct, the station says. Heaps continued to practice until his retirement in June 2018. In: Sexual Abuse More from News Dutch drug trafficker who once faked his own death killed in Mexico Tennis world No. 1 Jannik Sinner gets 3-month ban to end doping case Man found guilty of rape and murder of Irish woman in India Looking back at 50 years of \"Saturday Night Live\" Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/17/25, 3:29 Ex gynecologist James Heaps sentenced to 11 years for sexually abusing patients News 3/4 Copyright \u00a92025 Interactive Inc. All rights reserved. Privacy Policy Cookie Details Terms of Use About Advertise Closed Captioning News Store Site Map Contact Us Help \u00a9 2023 Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report. Watch News 2/17/25, 3:29 Ex gynecologist James Heaps sentenced to 11 years for sexually abusing patients News 4/4"} |
7,627 | Graham Fleming | University of California – Berkeley | [
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] | {"7627_101.pdf": "allegations Berkeley vice chancellor for research resigns after sexual harassment allegations arise By Melissa Wen Apr 13, 2015 Berkeley Vice Chancellor for Research Graham Fleming has resigned after allegations arose that he sexually harassed a former campus employee. Chancellor Nicholas Dirks informed faculty and campus leadership in research of the resignation Thursday evening, according to campus spokesperson Dan Mogulof. Fleming resigned for what he described as personal reasons and will end his term April 20. Mogulof said he did not have further comment on Fleming\u2019s reasons for resigning. According to the San Francisco Chronicle, Fleming was accused last year by former assistant vice chancellor for research enterprise services Diane Leite of violating the university\u2019s anti-sexual harassment policies by allegedly inappropriately touching her and sending overly affectionate emails. The Chronicle reported that the Office of the President investigated the allegations and found evidence that Fleming\u2019s behavior may have been inappropriate. In a letter to the chancellor, Fleming criticized the investigation, according to the Chronicle public relations consultant working with his lawyer also told the Chronicle that Fleming denies the allegations. Fleming joined the campus in 1997 as a chemistry professor. His achievements include helping propose and plan the construction of Stanley Hall and contributing to more than 400 publications. Before serving as vice chancellor of research, he served as the Lawrence Berkeley National Laboratory\u2019s deputy director from 2005 to 2007. As vice chancellor for research, he was responsible for leadership in policy, planning and administration related to campus research. Leite was fired in 2012 for allegedly violating the university\u2019s sexual harassment policies when she increased the salary of an employee with whom she was having a sexual relationship. Before being fired, Leite was notified by Fleming that she would be demoted and have her pay docked from $188,531 to $175,000. 2/17/25, 3:30 Berkeley vice chancellor for research resigns after sexual harassment allegations arise | Archives | dailycal.org 1/1", "7627_102.pdf": "Trending: Yosemite reservations | LiAngelo Ball | Tesla protests | $15 wine tastings | Tax rebates | Street By Matier & Ross, Chronicle Columnists Updated April 12, 2015 6:04 p.m Berkeley\u2019s chief of research exits as sex charges fly Berkeley Vice Chancellor Graham Fleming has resigned amid sex harassment allegations. Courtesy Berkeley Subscribe Sign in 2/17/25, 3:30 Berkeley\u2019s chief of research exits as sex charges fly 1/8 Berkeley\u2019s chief of research exits as sex charges fly 0:00 6:18 1x Everlit Berkeley\u2019s top research administrator has resigned from his $400,000-a-year post under protest, amid allegations that he sexually harassed his top assistant, including touching her breasts, kissing her on the neck and declaring he wanted to \u201cmolest\u201d her. Adding to the drama, his accuser, ex-Assistant Vice Chancellor Diane Leite, was herself fired from Berkeley three years ago after it was revealed that she was having an affair with a much younger male subordinate, whose salary she had doubled during the 15 months they were together Berkeley Chancellor Nicholas Dirks announced Vice Chancellor Graham Fleming\u2019s exit in a brief memo to senior staffers last week, saying the research chief had informed him he was stepping down for personal reasons. Dirks praised the 65-year-old Fleming for helping Berkeley attract hundreds of millions of dollars and maintain its position as one of the world\u2019s \u201celite research universities spokesman for the chancellor said Fleming would leave his post April 20 and that would have no further comment. More For You Berkeley adviser fired after affair 2/17/25, 3:30 Berkeley\u2019s chief of research exits as sex charges fly 2/8 Cal official demoted, improperly gave pay raises The resignation follows a complaint that Leite filed last year with President Janet Napolitano, whose office concluded that Fleming had \u201cmore likely than not\u201d violated the university\u2019s anti-sexual-harassment policies. Leite, now 50, worked under Fleming until her firing in 2012. Among her allegations: \u2022In 2009, while on a university business trip, Fleming rubbed Leite\u2019s feet while they were lying on a hotel room bed fully clothed and put his arm around her. \u2022Fleming touched her breasts during a gathering with colleagues in 2009 at the Cal Faculty Club and said he wanted to \u201cmolest\u201d her. \u2022He kissed the back of her neck in 2011 and sent \u201caffectionate and familiar e-mails\u201d to her over an extended period. In January, Fleming sent Chancellor Dirks a letter acknowledging that he had \u201cused poor judgment\u201d with Leite on several occasions and that he \u201csincerely\u201d regretted the actions, \u201cas well as the embarrassment those actions may cause the university.\u201d \u201cHowever strongly deny that any of my actions toward Ms. Leite were unwelcome or otherwise constitute sex harassment,\u201d Fleming wrote. Fleming wrote that he had a \u201cclose, mutually respectful and somewhat affectionate working relationship\u201d with Leite, but that \u201cit was not at any time either sexual or 2/17/25, 3:30 Berkeley\u2019s chief of research exits as sex charges fly 3/8 romantic.\u201d Leite and her attorney did not return phone calls last week seeking comment. Napolitano\u2019s office concluded in December that there was enough evidence to take disciplinary action against Fleming, effectively forcing him to step down after six years at the helm of Berkeley\u2019s all-important research arm. Among other things, the investigation by Napolitano\u2019s office found that some of Fleming\u2019s behavior toward Leite indicated a \u201csexual interest in her\u201d and that her actions demonstrated that some of Fleming\u2019s \u201cbehaviors were unwelcome.\u201d Fleming declined comment to us, but public relations consultant Sam Singer, who is working with Fleming\u2019s lawyer, said the former vice chancellor is being \u201crailroaded.\u201d In a letter to Dirks dated April 8, Fleming said he was resigning under protest and blasted the investigative report as \u201criddled with inconsistencies, mischaracterization of the facts and distortion of witness statements, as well as the selective omission of relevant information.\u201d Among other things, Singer says, Fleming categorically denies the most explosive allegation \u2014 that he touched Leite\u2019s breasts. Singer also said the \u201cmolest\u201d remark was a bad joke, for which Fleming had promptly apologized. Fleming\u2019s legal and team said the vice chancellor had asked that another investigator from Napolitano\u2019s office be appointed to conduct an \u201cindependent and unbiased review,\u201d but that the president had \u201csummarily rejected\u2019\u2019 the request. 2/17/25, 3:30 Berkeley\u2019s chief of research exits as sex charges fly 4/8 \u201cWe followed our normal processes, and we\u2019re confident they were properly conducted,\u201d countered Steve Montiel, press secretary to Napolitano. He declined to comment further. Fleming\u2019s exit is the latest chapter in a drama that began in 2011 when Leite\u2019s relationship with purchasing manager Jonathan Caniezo, who is 17 years her junior, was detailed in a whistle-blower letter to her university bosses. While the two were together, Caniezo\u2019s annual pay grew from $57,864 in 2008 to $120,000 Berkeley officials concluded that Leite had violated the school\u2019s sexual harassment policies. She was reassigned from her $188,000-a-year job as head of the research office to an adviser\u2019s role that paid $175,000. After news of the scandal broke in 2012 came under sharp attack from both the public and legislators in Sacramento, and campus officials asked Leite to resign. When she refused, Fleming fired her. According to Singer, Leite had plenty of chances to sound the alarm on Fleming\u2019s alleged behavior before she was fired, but never did. Singer\u2019s take is that Leite \u201cmade these false charges against him because he did not protect her job.\u201d The inquiry by Napolitano\u2019s office, however, reached a different conclusion \u2014 one that puts a twist on Leite\u2019s harassment claim. It found that Fleming, smitten with Leite, had used his position to \u201cactively interfere\u201d with UC\u2019s effort to fire her. As it turns out, Fleming \u2014 a tenured chemistry professor who has been at the university for 18 years \u2014 won\u2019t be heading for the unemployment office. After taking a year\u2019s sabbatical, he will be allowed to resume teaching \u2014 though for considerably less money than he made as a vice chancellor. 2/17/25, 3:30 Berkeley\u2019s chief of research exits as sex charges fly 5/8 April 12, 2015 | Updated April 12, 2015 6:04 p.m. Matier & Ross Whether writing about politics or personalities, Phil Matier and Andy Ross informed and entertained readers for more than two decades about the always fascinating Bay Area and beyond. Their blend of scoops, insights and investigative reporting was found every Sunday, Monday and Wednesday in the San Francisco Chronicle. Phil is also a regular on and radio. As for Leite, she\u2019s now working as a research director at the Joint BioEnergy Institute in Emeryville. It\u2019s a research program that has ties to both Berkeley and Lawrence Berkeley National Laboratory \u2014 and was founded with Fleming\u2019s help. San Francisco Chronicle columnists Phillip Matier and Andrew Ross appear Sundays, Mondays and Wednesdays. Matier can be seen on the morning and evening news. He can also be heard on radio Monday through Friday at 7:50 a.m. and 5:50 p.m. Got a tip? Call (415) 777-8815, or e-mail [email protected]. Twitter: @matierandross Top Of The News 2/17/25, 3:30 Berkeley\u2019s chief of research exits as sex charges fly 6/8 Charles Barkley donates $250,000 to help homeless in San Francisco after backlash Did Charles Barkley just redeem himself? The Hall of Famer donates $250,000 and volunteers to support San Francisco\u2019s homeless San Francisco archbishop\u2019s relationship advice to Elon Musk goes viral For his team, league and city, Steph Curry was the All-Star Weekend needed $15 wine tastings? California wineries desperate for visitors are rolling out deals 2/17/25, 3:30 Berkeley\u2019s chief of research exits as sex charges fly 7/8 Yosemite halts camping reservations, with no timetable for their return Let's Play Cross|word Flipart Really Bad Chess SpellTower About Contact Services Account \u00a9 2025 Hearst Communications, Inc. Terms of Use Privacy Notice Notice at Collection Your Privacy Rights (Shine the Light Industry Opt Out Your Privacy Choices (Opt Out of Sale/Targeted Ads) Top 2/17/25, 3:30 Berkeley\u2019s chief of research exits as sex charges fly 8/8", "7627_103.pdf": "Berkeley documents show history of sexual harassment violations Oona Goodin-Smith Oakland University Published 7:27 p.m April 8, 2016 Nineteen employees \u2013 including six faculty members \u2013 at the University of California at Berkeley have violated the school\u2019s sexual harassment policy since 2011, according to detailed public records released amid an outcry over how the school has handled claims of sexual harassment. Add assistant men\u2019s basketball coach Yann Hufnagel\u2019s sudden resignation Thursday to the list, and 12 of the accused have been fired or resigned. The misconduct cases, 17 in total, range from former Law School Dean Sujit Choudhry's, who is charged with repeatedly kissing, hugging and rubbing the arms of a former executive assistant, to Cal Dining manager Jeffrey Topacio's, who is charged with comparing his penis to a 12-inch kitchen knife in front of colleagues and using homophobic slurs in 2015, according to the documents released on Tuesday. Three of the six accused faculty members, including Choudhry and former Vice Chancellor for Research Graham Fleming, remain under tenure and employed by the university. Choudhry had resigned as dean in March, reported the The Daily Californian; the resignation came a day after an announcement that he was taking an indefinite leave of absence. Fleming was terminated in March from his role as a Berkeley Global Campus ambassador after allegations arose that he sexually harassed colleague Diane Leite, inappropriately touching her and sending affectionate emails. He currently supervises several independent study courses and remains on campus as a chemistry professor, the Daily Cal reports. Sexual harassment Add Topic 2/17/25, 3:30 uc-berkeley-documents-show-history-of-sexual-harassment-violations 1/2 When a professor is tenured, university spokesperson Dan Mogulof tells College, the process for removal is decided by the Board of Regents rather than the individual university. \u201cI\u2019m not here to defend past decisions,\u201d Mogulof says. \u201cWe\u2019ve made no secret that we need to improve policies and procedures here at Berkeley. We want to have a campus climate that\u2019s welcoming to anyone, no matter who they are.\u201d On March 24, the university announced the formation of the Chancellor\u2019s Committee on Sexual Violence, Harassment and Assault, which is scheduled to report to the president and chancellor by October 15, 2016, according to a statement emailed to College from the university. The committee will begin reviewing the university\u2019s policies next week, Mogulof said. On Thursday, the Berkeley faculty held an emergency meeting on handling sexual harassment where 20 faculty members offered criticism of the administration or advice regarding the redress of reporting procedures and sanction processes, reported the The Daily Californian. Also on Thursday President Janet Napolitano told the San Francisco Chronicle, \u201cIt\u2019s 2016. Enough is enough. We\u2019re not shying away from these issues, we\u2019re acknowledging them, addressing them, fixing them. Californians have a right to be proud of us, and we want to work to maintain that.\u201d Oona Goodin-Smith is an Oakland University student and a College breaking news correspondent. This story originally appeared on the College blog, a news source produced for college students by student journalists. The blog closed in September of 2017. 2/17/25, 3:30 uc-berkeley-documents-show-history-of-sexual-harassment-violations 2/2", "7627_104.pdf": "21 2016 Berkeley Professor Who Stepped Down For Sexual Harassment Kept $343K Salary 2/17/25, 3:30 Berkeley Professor Who Stepped Down For Sexual Harassment Kept $343K Salary: SFist 1/7 former Berkeley Vice Chancellor who was forced out of that position after he sexually harassed an Assistant Vice Chancellor appears to have received a record number of golden parachutes say that because, as the Chronicle reported in April of 2015, Graham Fleming was really, effectively only demoted from that Chancellorship after the university's investigation into his sexual conduct. That is, because Fleming is also a tenured chemistry professor, he was given the opportunity to take a sabbatical and return to teaching. At the time, the paper wrote that his new position would give Fleming \"considerably less money.\" That was not so, as now the Chronicle reports Fleming actually kept his original pay of nearly $350,000 for 11 months after the job switch. That revelation follows word from this past March that Fleming had been collecting, after his reassignment or whatever, a $20,000 stipend for his work as an international ambassador for the school. The institution was even paying for his travel expenses to Europe and Asia. And then, as the Chronicle explained at the time, University of California President Janet Napolitano removed him from that position suddenly. It didn't seem like Napolitano was very happy Fleming held it in the first place: As the Daily Cal quoted a letter from her: \u201c(At) a minimum, our employees are entitled to come to work without fear of sexual harassment or sexual violence... it is our collective responsibility to ensure that substantiated claims of sexual harassment and sexual assault are dealt with firmly, fairly 2/17/25, 3:30 Berkeley Professor Who Stepped Down For Sexual Harassment Kept $343K Salary: SFist 2/7 and expeditiously and that appropriate sanctions are imposed that recognize the serious nature of these claims.\u201d Those substantiated sexual harassment claims date to 2012 when the victim, onetime Assistant Vice Chancellor Diane Leite, was herself fired from the university (by none other than Fleming!) for her affair with a younger male colleague. That university employee saw his salary double during the time of their relationship. But everybody's hands are allegedly dirty in this one: After Leite was fired, she alleged that Fleming had \u2014 among other sexual advances\u2014 touched her breasts and said he wanted to \"molest her.\" Fleming maintains that the two had a \"close, mutually respectful and somewhat affectionate working relationship\u201d that was \"not at any time either sexual or romantic.\u201d And the molestation remark? His spokesperson, Sam Singer, says it was a bad joke. So, that all brings us to today and Fleming's current/former salary. Apparently policy lets executives take a a year of \u201ctransition leave\u201d instead of a sabbatical, for which they are it seems paid their previous salary. This came to light when Fleming halted that higher (by about $1,000) pay one whole month before he had to do so. Why? Perhaps because that was around the time he was removed from the international ambassador position, but it's unclear. \u201cNo one should be rewarded for sexual harassment with a paid leave, let alone a highly paid leave,\" political science professor Wendy Brown tells the Chronicle. Joking darkly about the system's seeming lack of harsh punitive measures in cases of sexual harassment, Brown added that professors might say \u201cIf you need time for research and writing, you should sexually harass someone so you can be put on paid leave.\u201d 2/17/25, 3:30 Berkeley Professor Who Stepped Down For Sexual Harassment Kept $343K Salary: SFist 3/7 Related: Berkeley Grad Students File (Latest) Sexual Harassment Complaint Against Professor 2/17/25, 3:30 Berkeley Professor Who Stepped Down For Sexual Harassment Kept $343K Salary: SFist 4/7 21, 2016 See all 41800 posts Dyke March Returns To Old Route Following Last Year's Protest The 24th Annual Dyke March is this Saturday, and, following a contentious run-in with police last year, Capp Street Crap reports that it will return to its historical route of traveling down 18th News \u2014 SFist - San Francisco News, Restaurants, Events, & Sports \u2014 Saturday Links: Amy Tan's Personal Archives Added To U.C. Berkeley's Bancroft Library Collection Day Around The Bay: SF's Giant Pillow Fight Is Back On 25-Year-Old Australian Woman Arrested at With Alleged 20 Kilos of Meth 2/17/25, 3:30 Berkeley Professor Who Stepped Down For Sexual Harassment Kept $343K Salary: SFist 5/7 Subscribe to SFist - San Francisco News, Restaurants, Events, & Sports Get the latest posts delivered right to your inbox [email protected] Subscribe Subscribe Caleb Pershan Read more posts by this author. Read More 21, 2016 Video: Dozens Of Broadway And Celebrities Join To Sing 'What The World Needs Now Is Love' For Orlando On June 15, 2016, three days after the deadly hate-motivated massacre in Orlando and three days after the Tony Awards, dozens of recording artists, Broadway stars, and other celebrities gathered in a New SFist \u00a9 2025 \u2022 SFist Jobs \u2022 Best of San Francisco Privacy Policy Latest Posts Facebook Twitter Comments for this thread are now closed Share Best Newest Oldest \u00d7 9 Comments \ue603 1 Login Guffie \u2212 \u2691 9 years ago why does it not surprise me that san francisco's favorite pr scumbag sam singer is behind this pervert? 0 0 sades988 \u2212 \u2691 9 years ago Sexual predator, \" paid a $20,000 stipend for his work as an international ambassador for the school. The institution was even paying for his travel expenses to Europe and Asia.\" Robert California? Is that you?! 0 0 yellowlabowner \u2212 \u2691 > sades988 9 years ago sexual predator given money to travel to Asia? 0 0 FurryOctopus \u2212 \u2691 9 years ago yes, Higher Ed is a scam. sorry kids. did you know the top dogs at your school are millionaires, yet outsource their work by hiring adjuncts and post-docs for nothing, all to \"teach\" students who can't find work. you pay, they play. 1 0 todlo \u2212 \u2691 > FurryOctopus 9 years ago shit like this makes me thankful i didn't fall for it. 2 0 HappyHighwayman \u2212 \u2691 9 years ago Why are they so afraid to fire him \u2945 \u2945 \u2945 \u2945 2/17/25, 3:30 Berkeley Professor Who Stepped Down For Sexual Harassment Kept $343K Salary: SFist 6/7 Why are they so afraid to fire him? 1 0 MirrorTheObvious \u2212 \u2691 9 years ago Nation-wide, college tuition costs have soared over the years, and executive staff salaries have also increased. Student protests over tuition increases: Pepper spraying protestors and spending money to scrub this from public memory: Execs building fences around their posh, subsidized homes to keep out protestors: The pattern is obvious -- higher ed execs have acquired an \"imperial\" mindset, a sense of entitlement to privilege and riches, at the expense of students, and those who have to pay into the system. 1 0 HayBro \u2212 \u2691 9 years ago The University of California leadership is full of graft and corruption. It's a self-serving governing board whose tentacles reach throughout the system. Who suffers? Students and taxpayers... 1 0 \u2945 \u2945 \u2945 2/17/25, 3:30 Berkeley Professor Who Stepped Down For Sexual Harassment Kept $343K Salary: SFist 7/7", "7627_105.pdf": "Berkeley\u2019s Graham Fleming Resigns Vice Chancellor Post Investigation: Report substantiates harassment allegations, chemist calls it \u201cbiased and unjust\u201d by Jyllian Kemsley April 17, 2015 version of this story appeared in Volume 93, Issue 16 [+]Enlarge Credit: Roy Kaltschmidt/Lawrence Berkeley National Laboratory niversity of California, Berkeley, Vice Chancellor for Research Graham R. Fleming is resigning his administrative position in protest amid sexual harassment allegations. He retains his faculty position as a chemistry professor. Former Berkeley employee Diane Leite filed a harassment complaint against Fleming in 2014, two years after being dismissed from the university. An investigation followed, \u201cconducted according to our normal processes,\u201d says Office of the President (UCOP) spokeswoman Dianne Klein, who refused to provide any further details. The investigation determined that Fleming had violated UC\u2019s sexual harassment policy, the San Francisco Chronicle reported on April 14 resign, under protest, with profound objections to and great personal disappointment in the investigation into those allegations,\u201d wrote Fleming in his April 8 resignation letter to Berkeley Chancellor Nicholas B. Dirks. \u201cBecause was not afforded due process by UCOP, and because there is no independent mechanism to appeal a biased and unjust report, there is no way for me to clear my name.\u201d \u201cWhile Fleming acknowledges that [his relationship with Leite] was occasionally flirtatious and familiar, both he and Leite agree that at no time were the two ever sexually or romantically involved,\u201d adds a press release issued by Fleming\u2019s spokesman, Sam Singer Berkeley spokesman Dan Mogulof says he is not aware of any other harassment complaints against Fleming, although he noted that any complaints would be kept confidential unless substantiated. UCOP\u2019s Klein declined to say whether that office had received any other complaints. Leite lost her job at Berkeley in 2012 after a separate investigation that focused on Leite\u2019s relationship with a male subordinate, according to media reports from the time. Leite worked in Fleming\u2019s office as an assistant vice chancellor and then as an executive adviser before she was dismissed. She is currently employed on a one-year contract as a senior proposal manager at the Department of Energy\u2019s Joint BioEnergy Institute, that organization says. Fleming\u2019s last day as vice chancellor will be April 20. He then plans to take a yearlong sabbatical before resuming teaching, Singer says. Fleming\u2019s research focuses on using ultrafast spectroscopy to study the dynamics of condensed phase systems. Chemical & Engineering News 0009-2347 Copyright \u00a9 2025 American Chemical Society Ethiopia has highest rate of scientific paper retraction Former chemistry professor jailed for making meth Senior biochemist made up data in 13 studies Former Cornell scientists made up data in 12 research studies Court overturns conviction of chemist Feng \u201cFranklin\u201d Tao Sign up for C&EN's must-read weekly newsletter Email Address Subscribe \u00bb Contact us to opt out anytime 2/17/25, 3:30 UC-Berkeleys-Graham-Fleming-Resigns 1/2 Davis grants tenure to Kristie Koski Why hasn\u2019t Kristie Koski made tenure? Chemist Feng \u2018Franklin\u2019 Tao convicted of fraud over China interactions Contact the reporter Submit a Letter to the Editor for publication Engage with us on \uf0e0 \uf040 \ud835\udd4f 2/17/25, 3:30 UC-Berkeleys-Graham-Fleming-Resigns 2/2", "7627_106.pdf": "Article The Nature of Front-Line Service Work: Distinctive Features and Continuity in the Employment Relationship June 2013 \u00b7 Work Employment and Society 27(3):433-450 DOI:10.1177/0950017013481877 Authors: To read the full-text of this research, you can request a copy directly from the authors. Abstract Empirical studies increasingly reflect the importance of service work in the economy. This article analyses the implications of this evolution for theories of work and employment. It critically reviews some key notions that are taken for granted in the research literature on service work and elaborates an alternative conceptual model deeper understanding of service work is possible only if the worker-customer interaction is conceived as part of the social structure that shapes it, namely the employment relationship. This article throws light on the interconnections between management control and customer demands and suggests that these have a mutually reinforcing effect which puts pressure on employees. It insists on both the distinctive features of front-line service work and the founding principles of the employment relationship that still apply beyond such categories. Discover the world's research 25+ million members 160+ million publication pages 2.3+ billion citations No full-text available Jacques Belanger Paul Edwards Henry Ford Health System Citations (102) References (73) Join for free Recruit researchers Join for free Login Request full-text Download citation Copy link 2/17/25, 3:31 The Nature of Front-Line Service Work: Distinctive Features and Continuity in the Employment Relationship | Request 1/19 To read the full- text of this research, you can request a copy directly from the authors. Request full-text Citations (102) References (73) ... The research on the service encounter is extensive, and several definitions and metaphors for describing the phenomenon have been proposed from research areas such as service work, service, management, and marketing. Since Hochschild (1983) coined the term 'emotional labour' in 1983 to describe what service workers do that goes beyond their physical or cognitive duties, service work research has focused on workers' interactions with customers and on emotions and their management by service workers (B\u00e9langer & Edwards, 2013; Wharton, 2009). Emotional labour is the process by which workers in the service encounter are expected to manage their feelings according to the service organisation's defined rules and guidelines (Hochschild, 1979). ... ... Syftet med denna avhandling \u00e4r att unders\u00f6ka hur digitaliseringen f\u00f6r\u00e4ndrar arbetsplatsl\u00e4rande inom servicearbete, med s\u00e4rskilt fokus p\u00e5 emotionellt arbete i servicem\u00f6ten. Servicearbete innefattar yrken d\u00e4r den anst\u00e4llde har direktkontakt med kunder eller n\u00e5gon annan tj\u00e4nstemottagare och \u00e4r i en underordnad position i anst\u00e4llningsf\u00f6rh\u00e5llandet (B\u00e9langer & Edwards, 2013) . Utifr\u00e5n denna lite bredare definition s\u00e5 inkluderas b\u00e5de yrken som kr\u00e4ver h\u00f6gskoleutbildning, exempelvis l\u00e4kare, psykolog, jurist 132 och l\u00e4rare och yrken p\u00e5 gymnasial niv\u00e5 som butikss\u00e4ljare, guide, servit\u00f6r och hotellreceptionist. ... ... roller). Dessa beteenden, attityder och v\u00e4rderingar formulerades i f\u00f6retagets manus f\u00f6r servicem\u00f6ten, det vill s\u00e4ga en 2/17/25, 3:31 The Nature of Front-Line Service Work: Distinctive Features and Continuity in the Employment Relationship | Request 2/19 Workplace Learning in Interactive Service Work Thesis Full-text available Feb 2022 Charlotte Arkenback Theorising worker\u2013client relations in front\u2010line service work: Understanding the experience \u2026 Article Sep 2021 Stephen Procter \u00b7 Deborah Harrison \u00b7 Pauline Pearson \u00b7 Claire Dickinson detaljerad instruktion till de anst\u00e4llda kring hur de ska interagera med kunder i servicem\u00f6tet (B\u00e9langer & Edwards, 2013; Wharton, 2009). Idag har id\u00e9n om servicem\u00f6tet som ett spel mellan tv\u00e5 parter ersatts av servicem\u00f6tet som ett servicesystem eller n\u00e4tverk. ... View Show abstract ... We can look at this issue in terms of Belanger and Edwards' (2013) account of the nature of FLSW, which attempts to locate its various forms within a classification of workplace regimes based on worker engagement and production rationalisation. Engagement represents the extent to which workers have 'positive relationships' with clients, and personal care workers are described as a 'classic case' in this regard (Belanger & Edwards, 2013: 441). ... ... But it is also the relationship between engagement and rationalisation that we need to consider. Belanger and Edwards (2013) consider the case of nursing work, where they see both rationalisation and consumer sovereignty as having achieved significant purchase. In terms of the service triangle, the employer has combined with the customer to the detriment of the worker. ... ... In terms of the service triangle, the employer has combined with the customer to the detriment of the worker. Belanger and Edwards (2013) argue, however, that there are limits to the extent to which nursing work can be rationalised, with the implication that nurses' resistance allows them to retain a degree of 'customer' engagement. ... View Show abstract ... Control shapes attitudes, behaviours and material outcomes for individuals, managers and organizations (Cappelli and Keller, 2013). In frontline service work can reveal the set of constraints underpinned by 2/17/25, 3:31 The Nature of Front-Line Service Work: Distinctive Features and Continuity in the Employment Relationship | Request 3/19 Means of Control in the Organization of Digitally Intermediated Care Work Article Dec 2020 Paula Mcdonald \u00b7 Penny Williams \u00b7 Robyn Mayes Innovation in the Public Sector: Insights into the Job Design that Enhances Public Servant\u2026 the objective of value creation that exists between the service interaction and management control (Belanger and Edwards, 2013) . ... ... The objective of creating value from labour was evident in terms which dictated the nature of interactions between the platform and the worker, and in the service interaction itself (Belanger and Edwards, 2013) . These means of control were set out exclusively in the terms and conditions and did not feature on platform websites. ... ... Indeed, the recent emergence of nine platforms in a country of fewer than 25 million people suggests that capital-capital relations (Thompson, 2010) of the Australian care industry are highly competitive, especially since platforms must compete both with other platforms and traditional employers, for access to high quality workers in order to retain clients (Coyle, 2017). This suggests that the notion of indeterminacy -a keystone of -is not unique to the employment relationship but can apply to any contract where the supply of a product or service cannot be exactly specified (Belanger and Edwards, 2013) . There remain significant challenges in accurately judging the sustainability and profitability of platform companies. ... View Show abstract ... (1990,(3)(4). Interestingly, a considerable amount of studies has examined the service work, paying particular attention to front-line employees' service job (B\u00e9langer & Edwards, 2013; Kearney et al., 2017), while back-office employees (who there have no direct customer contact) have almost been left out (Korczynski, 2004;Zomerdijk & De Vries, 2007). ... ... Front-line employees, directly servicing customers, are greatly responsible for the service offered and its quality (B\u00e9langer & Edwards, 2013; Karatepe & Kilic, 2009;Stock, 2014). In contrast, back office individuals are the internal suppliers of the front-line employees and rarely -if at all - offer their services to customers (Shostack, 1982(Shostack, , 1984Grove & Fisk, 1992). ... 2/17/25, 3:31 The Nature of Front-Line Service Work: Distinctive Features and Continuity in the Employment Relationship | Request 4/19 Article May 2022 \u00b7 Int Publ Admin Kyriakos Tsamantouridis \u00b7 Victoria Bellou \u00b7 Angeliki Tsameti Conflict and control in the contemporary workplace: Structured antagonism revisited Article Full-text available Apr 2022 \u00b7 Ind Relat Paul Edwards \u00b7 Andy Hodder View Show abstract ... To be clear, we are not seeking to get into a debate as to whether recent developments such as the 'gig economy' truly represent new forms of work, not least due to the variety of practices discussed under broad conceptual headings (Duggan et al., 2020;Healy et al., 2017). Instead, we propose that contemporary workplaces, including the gig economy, have both distinctive features and continuity with the past (B\u00e9langer & Edwards, 2013b; Joyce, 2020). We are not attempting a substantive synthesis of work relations as several of these already exist, and there is no need for repetition (see, e.g., Joyce & Stuart, 2021). ... ... Thus, such developments aside, the continues to be, we have argued, flexible enough to address contemporary work. We have demonstrated that while there are a number of distinctive features of different forms of contemporary work, there is clearly continuity with the past (B\u00e9langer & Edwards, 2013b) . The insisted, for example, that 'control' cannot be reduced to a single mechanism: 'simple control' (R. Edwards, 1979) was not simple. ... View Show abstract ... Stephen has experienced different forms and degrees of control at LU, shaped by changing jobs (from station assistant to driver), levels of alienation, engagement with 'customer service' discourse (B\u00e9langer and Edwards, 2013; Laaser, 2016), technological change (Edwards and Ramirez, 2016), union power, managerial identities and funding. Stephen notes that overall, the frontier at has shifted towards intensified managerial control in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 ' pushed customers centre stage and augmented managerial control on stations. ... 2/17/25, 3:31 The Nature of Front-Line Service Work: Distinctive Features and Continuity in the Employment Relationship | Request 5/19 Going underground final accepted version Article Full-text available Apr 2021 Emma Hughes \u00b7 Dobbins Tony \u00b7 Stephen Murphy \u201cYou are not my boss!\u201d: Managing inter- organizational collaboration in German grou\u2026 Article Full-text available Aug 2021 Dominique Ziehe \u00b7 Markus Helfen ... The fluctuating patterns of control and resistance sketched by Stephen's narrative illustrate the value of radical sociological scholarship. This can reveal the conflict- cooperation dynamic by embracing structure-agency analysis that embeds human actions in broader socio-economic contexts, but without making structural deterministic assumptions (B\u00e9langer and Edwards, 2013; Dundon and Dobbins, 2015;Ram et al., 2015). ... View ... In our qualitative and explorative studies of ground handling services in three German airports, we zoom-in (Nicolini, 2012) into the inter-organizational context on the ramp agents' work role as operational boundary spanners (Aldrich and Herker, 1977;Langan-Fox and Cooper, 2014). From the ramp agents' perspective, boundary spanning means to \"orchestrate\" (Bartelings et al., 2017) the various work tasks in a peculiar \"front-line service\" (B\u00e9langer and Edwards, 2013) . Ramp agents do so within a context of Service Delivery Networks (SDN), that is \"network [s] consisting of [at least 3] service providers, their suppliers as well as complementary companies and the respective competitors who are responsible for the provision of a service from the customer perspective\" (Tax et al., 2013: 454, 457). ... ... Cappelli and Keller, 2013;Havard et al., 2009;Marchington et al., 2005). This sort of customer involvement-usually dominated by corporate relations between clients and service providers rather than end consumers (for the latter see Gabriel et al., 2015;Korczynski and Ott, 2005)-implies a type of front-line service work (B\u00e9langer and Edwards, 2013; Frenkel et al., 1999) in which the corporate client directly influences working and employment conditions in the work process. The emergent multi-employer work arrangements include various forms from temporary agency work to a myriad of sub-contracting arrangements (Cappelli and Keller, 2013). ... 2/17/25, 3:31 The Nature of Front-Line Service Work: Distinctive Features and Continuity in the Employment Relationship | Request 6/19 To do or not to do typology of ethical dilemmas in services (TEDS) Article May 2024 Rodoula H. Tsiotsou \u00b7 Sertan Kabadayi \u00b7 Jennifer S. A. Leigh \u00b7 Brent Horton Inter-organisational human resource management and network orientation of wor\u2026 Article Full-text available May 2024 Carsten Wirth \u00b7 Markus Helfen \u00b7 J\u00f6rg Sydow Plurale Netzwerkorganisation und Krisenresilienz: Eine arbeitspolitische\u2026 Article Jan 2024 View Show abstract ... These interactive dilemmas can be intricate and emotionally charged, potentially affecting the rapport and relationship between the two parties. Resolving such dilemmas often requires balancing conflicting values and interests (Belanger and Edwards, 2013) . ... View Show abstract ... Also, there are different forms and degrees of multi-employer work arrangements giving rise to what has been called the 'service triangle' (B\u00e9langer and Edwards, 2013) . In many service encounters, the client, although not necessarily an employing organisation, is directly involved in work performance and appraisal -sometimes to the extent that entrepreneurial and managerial decisionmaking is de facto handed over to the client or other third parties. ... View Show abstract ... Also, there are different forms and degrees of multi-employer work arrangements giving rise to what has been called the 'service triangle' (B\u00e9langer and Edwards, 2013) . In many service encounters, the client, although not necessarily an employing organisation, is directly involved in work performance and appraisal -sometimes to the extent that entrepreneurial and managerial decisionmaking is de facto handed over to the client or other third parties. ... 2/17/25, 3:31 The Nature of Front-Line Service Work: Distinctive Features and Continuity in the Employment Relationship | Request 7/19 Carsten Wirth \u00b7 J\u00f6rg Sydow \u00b7 Markus Helfen Crafting Human-Centered in Workspaces for Better Work Chapter Jan 2024 Christian L\u00e9vesque \u00b7 Cassandra Bowkett \u00b7 Julie (M.\u00c9.) Garneau \u00b7 Sara P\u00e9rez-Lauzon Social interactions at work: why interactive work should be an analytical category in its\u2026 Article Full-text available Jul 2022 Nadja Doerflinger Postdigital Perspective on Service Work: Salespeople's Service Encounters in the\u2026 View ... As such, what is often referred to as the indeterminacy of the traditional employment relationship remains, which requires managers to obtain workers' consent and cooperation (B\u00e9langer & Edwards, 2007). Hence, whether under formal or informal relationships of subordination, the power of management over workers is constrained, and there are continuous negotiations around the physical, cognitive, and emotional effort displayed at work and over how work is organized (B\u00e9langer & Edwards, 2013) . ... View ... Organisations aim to optimise both stages in the function of valorisation. However, in (interactive) service work, there is only one stage of accumulation, as production and consumption happen simultaneously elanger and Edwards, 2013) . This implies that both worker(s) and customer(s) are present when the service is produced. ... View Show abstract ... For a long time, retail service work has been considered as positions requiring little or no qualifications other than interpersonal and customer service skills (Hastwell et al. 2013;Nickson et al. 2012). However, participating in a postdigital dialogue in the connected service encounter required numeracy, literacy, and digital skills in combination with emotional labour (B\u00e9langer and Edwards 2013; Groth et al. 2019). ... 2/17/25, 3:31 The Nature of Front-Line Service Work: Distinctive Features and Continuity in the Employment Relationship | Request 8/19 Article Full-text available Apr 2022 Charlotte Arkenback Customer Abuse and Aggression as Labour Control Among Workers in Low-Wage\u2026 Article Full-text available Nov 2021 Suzanne Mills \u00b7 Benjamin Owens Essential Work in the U.S. during COVID-19: Navigating Vulnerability\u2013Sustainability\u2026 Article Full-text available Sep 2021 Astrid M. Villamil \u00b7 Suzy D'Enbeau View Show abstract separate but overlapping body of scholarship has sought to account for the multiple ways that customers participate in labour control and resistance (B\u00e9langer and Edwards, 2013; Korczynski, 2007;Lopez, 2010). Though employers might oppose customer control of workers in some instances because it conflicts with managerial desires for rationalization, perhaps more frequently employers seek to enlist customers in their labour control efforts (Gamble, 2009). ... View Show abstract ... Similarly to emotion(al) work, workplace dignity is embedded in neoliberal dynamics that prioritize transactional, instrumental, profit-oriented, and oppressive outcomes at work [50] . To wit, Lucas [44] lists several examples of workplace instrumentalities, such as minimized perceptions of workers' roles, the commodification of workers' humanity, and the perception of disposability. ... View Show abstract ... This is due to the fact that multi-party arrangements directly and indirectly involve the (corporate) client(s) in work performance (e.g. Frenkel et al., 1999;Rubery et al., 2003;Kinnie, Swart, & Purcell, 2005;Marchington et al., 2005Marchington et al., , 2011Bidwell, & Fernandez-Mateo, 2008; B\u00e9langer & Edwards, 2013; Capelli & Keller, 2013;Weil, 2019). Against this background, it is surprising that the study of work and employment systems and their actual or prospective contribution to social 2/17/25, 3:31 The Nature of Front-Line Service Work: Distinctive Features and Continuity in the Employment Relationship | Request 9/19 Managing Global Production Networks: Towards Social Responsibility via Inter-\u2026 Article Jan 2021 J\u00f6rg Sydow \u00b7 Elke Sch\u00fc\u00dfler \u00b7 Markus Helfen Managing Global Production Networks: Towards Social Responsibility via Inter-\u2026 Preprint Full-text available Jan 2021 J\u00f6rg Sydow \u00b7 Elke Sch\u00fc\u00dfler \u00b7 Markus Helfen responsibility does not figure prominently in international business research that has increasingly been looking at responsibility issues over the last two decades or so (Leonidou et al., 2019). ... View Show abstract ... This is due to the fact that multi-party arrangements directly and indirectly involve the (corporate) client(s) in work performance (e.g. Frenkel et al., 1999;Rubery et al., 2003;Kinnie, Swart, & Purcell, 2005;Marchington et al., 2005Marchington et al., , 2011Bidwell, & Fernandez-Mateo, 2008; B\u00e9langer & Edwards, 2013; Capelli & Keller, 2013;Weil, 2019). Against this background, it is surprising that the study of work and employment systems and their actual or prospective contribution to social responsibility does not figure prominently in international business research that has increasingly been looking at responsibility issues over the last two decades or so (Leonidou et al., 2019). ... View Show abstract ... In fact, \"[t]o become an Odaka Yoga warrior means to become adaptable, flexible and fully integrated, \" or in other words, \"a complete fluid and transformative body-mind entity.\" This depiction of the Odaka Yoga Warrior-as much as its elective affinities with challenges, growth and empowerment argue, substantially adheres to the normative biopolitical injunction of self-care, flexibility and self- responsibility that characterizes contemporary neoliberal societies across social domains, such as higher education, sport and the labor market (e.g., Andrews and Silk, 2012; B\u00e9langer and Edwards, 2013; Gonz\u00e1lez-Calvo and Arias-Carballa, 2018;John and McDonald, 2020). Understood in this light, the Odaka Yoga Warrior is-thanks to her self-control, self- 2/17/25, 3:31 The Nature of Front-Line Service Work: Distinctive Features and Continuity in the Employment Relationship | Request 10/19 Blending Martial Arts and Yoga for Health: From the Last Samurai to the First Odaka Yo\u2026 Article Full-text available Nov 2020 Matteo Di Placido Rolling with the Punches: Clinician Resistance in a Managerial Hospital Article Full-text available Jul 2020 Mogamat Reederwan Craayenstein \u00b7 Teresa Carmichael \u00b7 Awaatief Musson- Craayesntein From Time Sheets to Tablets: Documentation Technology in Frontline Service Sector\u2026 Article May 2020 Tina Wu mastery, and constant work of self- cultivation-able to fruitfully merge the central tenets of the medicalized and subtle body models within a unified therapeutic framework of fluid self-care and self- actualization. ... View Show abstract ... These changes mean that professional agency within a managerial context should be clarified (Correia, 2013;Muzio, Brock, & Suddaby, 2013). Dissatisfaction is evident (Dickinson, Ham, Snelling, & Spurgeon, 2013;Exworthy et al., 2010;Morris & Farrell, 2007;Spyridonidis & Calnan, 2011); however, the repertoires of dissatisfaction in such a context are not well-studied (Reay & Hinings, 2009) (B\u00e9langer & Edwards, 2013) , highlighting an opportunity for exploration. ... View Show abstract ... In the context of service work, technological tools may substitute human work tasks, create a template for service efficiency, or some hybrid effect (Levitt, 1976). Technology can be a tool in the rationalization of frontline service delivery elanger & Edwards, 2013) , and recent research shows how monitors and devices are used to track sales and/or surveil service workers (Anteby & Chan, 2018;Payne, 2018). ... View Show abstract 2/17/25, 3:31 The Nature of Front-Line Service Work: Distinctive Features and Continuity in the Employment Relationship | Request 11/19 was never trained to do any of that\u201d \u2013 personalisation and the impact of the\u2026 Article Full-text available Apr 2020 Doug Young Dealing With Questions of Responsiveness in a Low-Discretion Context: Offers of Assistan\u2026 Article Full-text available Feb 2020 ... In evaluating the possibility of variability among organisational responses to this dynamic, Korczynski (2013) notes that there exists three variations pertaining to the COB: firstly, an approach which sees worker-customer relations merely as an additional dimension, with little real impact on work; secondly, an approach which sees the customer's role as having implications for a limited number of dimensions of work organisation; and thirdly, an approach which sees implications of the customer across the whole of work organisation. This approach has been utilized to great effect in relation to front-line service work (Taylor and Bain, 2005; Belanger and Edwards, 2013) . Leece (2010, p. 191) analyses the difference in relationship between service users and employees in relation to conceptualisations of power, and asserts that those who participate in direct payment programmes have the power to \"choose their worker and shape the relationship; determine the boundaries of the relationship; be more reciprocal and to set the agenda; set the terms and conditions of employment; make their interests take precedence.\" ... View Show abstract ... As described by Lloyd and Payne (2009, p. 628), call center frontline work seeks \"to deliver a very restricted service with anything outside of the job boundary being passed on elsewhere,\" with \"imposed strict limits on what workers could actually do when interacting with customers.\" Hence, the job design reduces discretion and gives rise to difficulties associated with providing situation-oriented services, involving responsiveness to individual circumstances (B\u00e9langer & Edwards, 2013) . In Korczynski's (2002) well-known conceptualization of this call center dilemma, an inherent conflict exists in \"customer-oriented bureaucracy\" between endeavors to combine the two conflicting principles of rationalization and standardization, and delivering a personalized service. ... 2/17/25, 3:31 The Nature of Front-Line Service Work: Distinctive Features and Continuity in the Employment Relationship | Request 12/19 Elin Thunman \u00b7 Mats Ekstr\u00f6m \u00b7 Anders Bruhn \u201cIt's a total embarrassment\u201d: Service work and customer sexual harassment Article Jan 2020 Dalit Yassour-Borochowitz Foster parents\u2019 encounters with the system: the importance of child welfare workers\u2019 trait\u2026 Article Dec 2024 Publ Child Welfare Amalie Kjaersgaard Zanani New Directions in Labour Process Theory Book Full-text available Dec 2024 Francesco Bagnardi \u00b7 Vincenzo Maccarrone \u00b7 Elena Baglioni \u00b7 Annalisa Dordoni The Handbook for the Future of Work Book Full-text available Dec 2024 Julie MacLeavy \u00b7 Frederick Harry Pitts Elevating workforce stability: augmented reality and artificial intelligence solutions for\u2026 Article Aug 2024 View Show abstract ... This attitude is promoted and advocated by service organizations, and legitimizes and even amplifies customers' power over the organization's low-ranking employees (i.e., frontline service workers). The second is the nature of the labor market, and that due to low pay, low required skills, and the lowly and gendered image of service work, most frontline service workers are young, inexperienced women, often from minority groups (Belanger & Edwards, 2013; CBS, 2016;Cortina & Wasti, 2005;Lucas, 1995;Purcell, 1993). Both Berdahl (2007) and Beggan (2019) found that these demographics accentuate the power gaps, and are therefore associated with very high levels of sexual harassment. ... View View View View Show abstract 2/17/25, 3:31 The Nature of Front-Line Service Work: Distinctive Features and Continuity in the Employment Relationship | Request 13/19 Orhan Can Yilmazdogan Playing with Space to Deal with the Contradictions of Customer Sovereignty: An\u2026 Article Oct 2024 Albane Grandazzi \u00b7 Oriane Sitte de Longueval \u00b7 Jean-Baptiste Suquet Frontline employee work engagement and customer service evaluations: a conceptual\u2026 Article Sep 2024 Yves Van Vaerenbergh \u00b7 Simon Haz\u00e9e third indeterminacy of labour power: Worker health investment and the indeterminacy of\u2026 Article Jun 2024 Geraint Harvey \u00b7 James Wallace \u201cWe touch their heart\u201d: Plastic Automaticity and Affective Labour at Jakarta Soekarno\u2010Ha\u2026 Article Jan 2024 Peter Adey \u00b7 Weiqiang Lin \u00b7 Tina Harris Are Services Post-Capitalist Marxian Interrogation Article Apr 2023 Peter Ikeler Workers and Their Foes: Customer Scapegoats in the Service Triad Article Nov 2023 Taylor Laemmli Flexible Dienstleistungsarbeit gesundheitsf\u00f6rderlich gestalten \u2013 zur\u2026 View Show abstract View Show abstract View Show abstract View Show abstract View Show abstract View Show abstract View Show abstract 2/17/25, 3:31 The Nature of Front-Line Service Work: Distinctive Features and Continuity in the Employment Relationship | Request 14/19 Chapter Full-text available Jan 2023 Frauke Koppelin \u00b7 Guido Becke Interaktionsordnungen der Dienstleistungsarbeit \u2013 ein Rahmenkonzept z\u2026 Chapter Full-text available Jan 2023 Guido Becke Arbeitsbeziehungen bei plattformbasierten Dienstleistungen in der Logistik Chapter Jan 2022 Caroline Ruiner \u00b7 Matthias Klumpp Managing Global Production Networks: Towards Social Responsibility via Inter-\u2026 Chapter Feb 2022 J\u00f6rg Sydow \u00b7 Elke Sch\u00fc\u00dfler \u00b7 Markus Helfen \u2018The petri dish and Russian roulette\u2019: working in contact centres during the COVID-19\u2026 Article Oct 2021 Phil Taylor The Working Class in the Service Sector: Outlining the Issue and Reviewing Current\u2026 Article Full-text available Sep 2021 Tatyana V. Gavrilyuk What Do Workers Get Out of Agility? Examining Workers\u2019 Capability for Democrati\u2026 Chapter Jul 2021 Olivier J\u00e9gou \u00b7 Fyriel Souayah View Show abstract View Show abstract View View Show abstract View Show abstract View Show abstract View Show abstract 2/17/25, 3:31 The Nature of Front-Line Service Work: Distinctive Features and Continuity in the Employment Relationship | Request 15/19 Front-Line Workers in the Global Service Economy: Overshadowed and Overstretched\u2026 Book Full-text available May 2021 Giovanna Fullin Supply chain regulation in Scottish social care: Facilitators and barriers Article Full-text available Mar 2021 Philip James \u00b7 Alina Baluch \u00b7 Ian Cunningham \u00b7 Anne Marie Cullen Life-course patterns of new working-class youth in Russia Article Feb 2021 \u00b7 Int Sociol Soc Pol Tatiana Gavrilyuk Rolling with the punches: receiving peer reviews as prescriptive emotion management Article Nov 2020 Jo Brewis Emotional Labour and Work-Family Conflict in Voice-to-Voice and Face-to-Face Customer\u2026 Article Full-text available Nov 2020 Federica Emanuel \u00b7 Lara Colombo \u00b7 Stefania Santoro \u00b7 Chiara Ghislieri N\u00e5r l\u00e6rlingen m\u00f8ter arbeidslivets vurderingslogikk: Yrkessosialisering i det\u2026 Article Full-text available Oct 2020 Kaja Reeg\u00e5rd Gains from resistance: rejection of a new digital technology in a healthcare sector\u2026 Article Jul 2020 Elena Shulzhenko \u00b7 Jens Holmgren View View Show abstract View Show abstract View Show abstract View Show abstract View Show abstract 2/17/25, 3:31 The Nature of Front-Line Service Work: Distinctive Features and Continuity in the Employment Relationship | Request 16/19 The sociology of the chef Chapter Jan 2020 David Graham Moral economy, solidarity and labour process struggle in Irish public transport Article Dec 2019 Emma Hughes \u00b7 Dobbins Tony \u00b7 Doris Merkl- Davies Negotiating Tensions on the Front Line: Circuits of Accountability and Self-governan\u2026 Article Nov 2019 Khalilah Johnson \u00b7 Nancy Bagatell View Show abstract View Show abstract View Show abstract View Show abstract Show more 2/17/25, 3:31 The Nature of Front-Line Service Work: Distinctive Features and Continuity in the Employment Relationship | Request 17/19 Recommended publications Discover more Article Full-text available Understanding the Effectiveness of Loyalty Programs February 2013 Lena Steinhoff \u00b7 Robert Palmatier Loyalty programs are popular and ubiquitous marketing instruments, with U.S. companies spending more than $1.2 billion on them each year, program participation topping 1.8 billion, and the average U.S. household subscribing to 14 different programs. Yet, many loyalty programs perform poorly, often resulting in their abolition. To both marketing managers and researchers, the reasons for loyalty ... [Show full abstract] View full-text Chapter In what sense a neighbourhood problem? October 2008 Stephen Syrett \u00b7 David North This chapter discusses the importance of uneven spatial development by considering the economic characteristics of deprived areas, the long-term socioeconomic processes that underpin the economic difficulties of deprived areas and their interaction with particular local circumstances to create the particularities of any given neighbourhood number of case studies are selected to examine the ... [Show full abstract] Read more Article Personality in Society: Social Psychology's Contribution to Sociology March 1988 \u00b7 Social Psychology Quarterly Ralph H. Turner model of socialization process beginning and ending with society is proposed, featuring individual personalities as intervening variables in the maintenance, disruption, and modification of culture and social structure. Four integrative approaches to socialization are compared and assessed in relation to the model. Dominant values or themes, basic personality structure, generalization from ... [Show full abstract] Read more Article Constructing facts bt cotton narratives in India September 2012 \u00b7 Economic and Political Weekly Glenn Stone group of researchers and industry writers have constructed a narrative of technological triumph for Bt cotton in India, based on an empirical record of superior performance compared to conventional seed. Counterclaims of Bt cotton failure are attributed to mutually reinforcing interactions among non-governmental organisations which avoid rigorous 2/17/25, 3:31 The Nature of Front-Line Service Work: Distinctive Features and Continuity in the Employment Relationship | Request 18/19 Last Updated: 22 Oct 2024 comparisons. However, researchers and the ... [Show full abstract] Read more Company About us News Careers Support Help Center Business solutions Advertising Recruiting \u00a9 2008-2025 ResearchGate GmbH. All rights reserved. Terms \u00b7 Privacy \u00b7 Copyright \u00b7 Imprint \u00b7 Consent preferences 2/17/25, 3:31 The Nature of Front-Line Service Work: Distinctive Features and Continuity in the Employment Relationship | Request 19/19", "7627_107.pdf": "Berkeley assistant basketball coach fired over claims of sexual harassment By Lance Knobel March 14, 2016, 12:00 p.m. Yann Hufnagel. Photo: CalBears See statement from Berkeley at foot of story as well as a link to the redacted investigative report. On Sunday, the Cal men\u2019s basketball team was celebrating its highest ever tournament seeding after securing the #4 seed in the southern region tournament. Monday morning brought different news to the program, however, with the firing of assistant coach Yann Hufnagel for violating the university\u2019s sexual harassment policy. No details were released on the investigation into Hufnagel by the Office for the Prevention of Harassment and Discrimination (OPHD). But the swift action stands in contrast to the initial discipline meted out to former law school dean Sujit Choudhry, who resigned last week when a lawsuit made an investigation public, or astronomy professor Geoff Marcy, who resigned last October after Buzzfeed uncovered details of his investigation. Also last week President Janet Napolitano terminated an arrangement whereby former Berkeley vice chancellor for research Graham Fleming, who resigned last April following sexual harassment allegations, remained an ambassador for Berkeley\u2019s planned Global Campus in Richmond. In a letter to the chancellors of all 10 universities in the system issued on Friday, Napolitano wrote: \u201cThis issue is critically important to the University of California, and to me personally. At a minimum, our 2/17/25, 3:31 Berkeley assistant basketball coach fired over claims of sexual harassment 1/3 employees are entitled to come to work without fear of sexual harassment or sexual violence.\u201d Napolitano also announced a new committee that would review proposed disciplinary actions against senior figures who violated sexual assault and harassment policies systemwide committee is already reviewing policies involving faculty and is scheduled to report next month. Napolitano, in a separate letter, instructed Berkeley Chancellor Nicholas Dirks to ban Choudhry from the campus for the rest of the term, and to begin proceedings against him through the Academic Senate. Those proceedings could end in suspension or dismissal. Napolitano wrote that does not intend to defend Choudhry in the lawsuit filed by Tyann Sorrell, his former executive assistant. Hufnagel was in his second year as assistant coach, under head coach Cuonzo Martin. Before coming to Cal, he worked at Vanderbilt and Harvard. Early this morning, he was tweeting about the tournament. But by mid-morning, he tweeted that the sexual harassment claims were \u201cfruitless Berkeley released a statement via its communications department at around 12:15 Monday. It reads: California\u2019s head men\u2019s basketball coach, Cuonzo Martin, has initiated termination proceedings under University of California policy against assistant coach, Yann Hufnagel, Cal\u2019s Intercollegiate Athletics Department announced today. Effective immediately, Hufnagel has been relieved of his duties pending the outcome of the termination process and will not be traveling with the team during its Men\u2019s Basketball Tournament run. The actions follow a finding, issued today by Berkeley\u2019s Office of the Prevention of Harassment and Discrimination (OPHD) that Hufnagel violated the University\u2019s sexual harassment policy. Note: The university will distribute a redacted version of the investigative report later today, once the complainant has been provided with a copy and has an opportunity to review the findings 2:45 p.m. The university will not be releasing a redacted version of the report today, according to a statement just released. It reads: After careful consideration, the university will not be releasing a redacted version of the Hufnagel investigative report to the media today. The recently completed report was shared for the first time with the complainant this afternoon, who has asked that we delay release so that she has time to read its contents. At the same time, the complainant understands that under the California Public Records Act, a 2/17/25, 3:31 Berkeley assistant basketball coach fired over claims of sexual harassment 2/3 0 comments \u00a9 2025 Cityside. All Rights Reserved Powered by Newspack redacted version of the report is a public document and that the University will be releasing it in the near future March 15: The university has released the redacted report on the Hufnagel investigation. You can read the full redacted report here. Related: Berkeley law dean resigns after sexual harassment suit (03.11.15) Berkeley school board gets annual bullying report (12.09.15 Stop Harassing takes campaign to Berkeley council (09.18.15) Berkeley High anti-harassment student group wins award (06.12.15 students allege refused access to federal investigators over sexual harassment (05.15.15) Do you rely on Berkeleyside for your local news? You can support independent local journalism by becoming a Berkeleyside Member. You can choose either a monthly payment or a one-time contribution. 2/17/25, 3:31 Berkeley assistant basketball coach fired over claims of sexual harassment 3/3"} |
7,923 | James William Murphy | Winona State University | [
"7923_101.pdf"
] | {"7923_101.pdf": "\ud83e\udd0d Donate Sign In Greater Minnesota Winona State dean fired for sexual miscon- duct; totem-pole killer gets 15 years by John Fitzgerald 02/05/2013 James William Murphy, former dean of Winona State University\u2019s College of Business, was fired earlier this school year for having sexually inappropriate relationships with several male students and downloading thousands of pornographic photos on his work computer, according to a story by Nathan Hansen in the Winona Daily News launched an investigation after a student complaint in early September; it found that Murphy asked students to describe their sex lives or take off their shirts when he then photographed them in his office. Murphy\u2019s WSU-issued laptop also contained \u201cnumerous pornographic images of nude males and males engaged in sexual acts, along with several photos of students in Murphy\u2019s office,\u201d Hansen wrote. Murphy has not been accused of any criminal wrongdoing because the students were all older than 18. Murphy has disputed some of the charges, Hansen wrote. The behavior has been occurring since 2009, the investigation found. The investigator finished the report Sept. 20, and Murphy was fired Sept. 21. While Murphy was fired in September did not make the investigation public until Friday because of an ongoing grievance between the university and Murphy\u2019s collective bargaining unit. 2/17/25, 3:31 Winona State dean fired for sexual misconduct; totem-pole killer gets 15 years - MinnPost 1/9 Koochiching County man, world-renowned for his totem poles, was sentenced to 15 years in prison for his wife\u2019s death, pleading guilty to second- degree unintentional murder, writes Mark Stodghill of the Duluth News Tribune. Carl Muggli, 51, was conducting an Internet affair with a woman in Alabama when he and his his wife, Linda, 61, began arguing in 2010. Muggli has admitted he raised a 5-foot wooden-handled instrument two-handed in a threatening motion while his wife recoiled in fear, fell backward and knocked a 17-foot-long, 700-plus- pound totem pole out of its cradle and onto her head and chest, ultimately killing her. Muggli was originally charged with premeditated first-degree murder and intentional second-degree murder when he reached a plea agreement with prosecutors. Koochiching County Sheriff Brian Jespersen said he doesn\u2019t believe Muggli\u2019s version of events, but accepts the conviction as part of the plea bargain. \u201cThis definitely was no accident. \u2026 One hundred and ten pound Linda Muggli couldn\u2019t knock that totem pole out of its cradles like he said. It couldn\u2019t have happened that way,\u201d Jesperson said. John Thorn Wangberg, 58, a teacher in the Bemidji area for 30 years, was found dead Wednesday at his rural Cass Lake home, reports Justin Glawe of the Bemidji Pioneer. Beltrami County Sheriff Phil Hodapp said no foul play is suspected. Wangberg resigned from Central Elementary in Bemidji in March, 2011, two days before the first of three victims of alleged sexual abuse came forward to police. Other victims came forward on March 6, 2012, and Dec. 4, 2012. On Jan. 23, Wangberg was arraigned on two felony counts of sexual conduct in the second degree and a gross misdemeanor charge of non-consensual sexual conduct in the fifth degree. The charges allege Wangberg was engaged in sexual contact with victims between the ages of 5 and 7 on school property. Wangberg\u2019s work computer allegedly contained images of young girls in bikinis. According to police, one victim said Wangberg had shown her the images and said, \u201cwhen you grow up you can be in a bikini and look like my daughter.\u201d Being a front-runner in the unmanned aircraft system (UAS) business \u2013 otherwise known as drones \u2013 is putting Grand Forks Air Force Base in the running to host a 2/17/25, 3:31 Winona State dean fired for sexual misconduct; totem-pole killer gets 15 years - MinnPost 2/9 new tanker mission, writes Kevin Bonham of the Grand Forks Herald. The Air Force is looking for an active duty main operating base for the new KC-46A flying refueling tanker, which will replace the aging fleet of KC-135 tankers. Minnesota and North Dakota officials are highlighting the base\u2019s assets, including its history with flying tankers, the new mission with the RQ-4 Global Hawk unmanned aircraft system, and the nearby cluster of unmanned aircraft businesses and schools. Officials hope the tanker mission will have the same economic effect the drone mission has had. Besides the Global Hawk, the base also hosts the U.S. Customs and Border Protection\u2019s RQ-9B Predator, making the base the only place in the U.S. where both Global Hawk and Predators operate, said Bruce Gjovig, director of the Center for Innovation at the University of North Dakota was the first university to offer a four-year degree in studies. Northland Community and Technical College in Thief River Falls has a aircraft maintenance technology program, and is developing a systems analysis program. The price of homes in Winona County rose in 2012, but experts say the price of rural land may have peaked, reports Nathan Hansen of the Winona Daily News. Home sales jumped nearly 25 percent, with the number of sales up and fewer homes on the market. However, housing prices are still down compared with pre-recession levels. \u201cIt\u2019s a buyer\u2019s market,\u201d said Shawn Buryska, president of the Southeast Minnesota Association of Realtors. \u201cWe had a four-year hiatus of consumer confidence. For the most part, we are past that.\u201d Dede Mraz of Winona\u2019s Edina Realty said her sales were up and the average number of days a house was on the market has decreased, but prices were down compared with 2011, with an average home price around $139,000. Meanwhile, cropland continues to sell like hotcakes, After a spike in prices in September, when cropland went for $8,500 per acre, prices have leveled out at recent land sales, said Winona County Recorder Bob Bambenek. The average price for cropland was $6,817 per acre, he said. Waseca police are saying it was public relations that helped burglaries wane, writes Brian Ojanpa of the Mankato Free Press. Waseca Police Capt. Kris Markeson said a rash of break-ins during the holiday season ceased after police issued a press release heads-up to residents, although he says other factors may have contributed to 2/17/25, 3:31 Winona State dean fired for sexual misconduct; totem-pole killer gets 15 years - MinnPost 3/9 the decline. He said five burglaries were clustered around Christmastime. The public warning was issued a couple of days after the fifth incident. Since the incidents were publicized there has been an uptick in reports of suspicious activity, which Markeson said is a proactive response that police encourage. It took less than an hour to burn down the 75-year-old condemned grandstand at the Mower County Fairgrounds, reports Jason Schoonover of the Austin Daily Herald. \u201cIt\u2019s sad to see the old structure go, but you know, it\u2019s just not cost effective to keep,\u201d said Fair Board President Neal Anderson. The grandstand was condemned last July because of dry rot. Repairs would have been too costly. The county board will soon discuss building a new grandstand and set a date to accept construction bids. The Austin Fire Department used a controlled burn to demolish the grandstand. Sarah Stultz of the Albert Lea Tribune has the story of a woman who received four speeding tickets along Interstate 90 in one 2\u00bd-hour period. Loretta Lacy, 49, of Sioux Falls, S.D., was driving to Racine, Wis. According to the Minnesota Highway Patrol, a trooper stopped Lacy in Martin County at 2:25 p.m. Friday after her vehicle reportedly passed the trooper at 112 mph. Lacy was ticketed for speeding, no insurance and possession of marijuana. She was pulled over 20 miles later driving 99 mph and was again ticketed for speeding and no proof of insurance. About an hour and 10 minutes later, she was traveling 88 mph in Freeborn County, where she was ticketed for speeding and no insurance. She was pulled over a fourth time for traveling 88 mph in a 70 mph zone near the border of Minnesota and Wisconsin. Pub crawls, zombie crawls \u2013 we\u2019ve had them all. In Winona, hundreds of people gathered for an organ crawl to hear the music played by three church organs. Alexandra Fisher of the Winona Daily News writes that the Organ Crawl started with about 250 people and a half-dozen organ players at the First Congregational Church. The Crawl proceeded to the Evangelical Lutheran Church of St. Martin and then to the Basilica of St. Stanislaus Kostka Roman Catholic Church. Professionals educated the audience on the various sounds of the organ from flutes to tubas, and presented the history of each instrument. \u201cIt\u2019s becoming sort of a lost art 2/17/25, 3:31 Winona State dean fired for sexual misconduct; totem-pole killer gets 15 years - MinnPost 4/9 Tagged: News Leave a comment Republish This Story Republish our articles for free, online or in print, under a Creative Commons license. really,\u201d said organist Jeff Daehn. \u201cIt\u2019s a wind instrument, so the technique and the playing are very different from a piano,\u201d said organist Rosalie Alcoser. Organs are also very expensive to maintain and repair. The First Congregational Church needs $400,000 to restore its 84-year-old instrument, which has 2,680 pipes. But the effort is worth it, said Jon Nienow, Crawl coordinator and board member for the Southeast Minnesota Chapter of the American Guild of Organists. \u201cWe would like to see the next generation learn what an instrument like this is capable of,\u201d he said. \u201cAn organ can do anything, and people don\u2019t realize that.\u201d Related You must be logged in to post a comment. 2/17/25, 3:31 Winona State dean fired for sexual misconduct; totem-pole killer gets 15 years - MinnPost 5/9 Your guide to the policy shaping Minnesota. Keep up with the politics, culture and stories shaping Minnesota with MinnPost's daily newsletter. Sign up Most Read Email Address Next U.S. attorney in Minnesota expected to play role in im- migration crackdown National by Ana Radelat The draining of Glacial Lake Agassiz MNopedia by Paul Nelson Nearly 1 million Minnesotans could be going hungry Race & Health Equity by Deanna Pistono 2/17/25, 3:31 Winona State dean fired for sexual misconduct; totem-pole killer gets 15 years - MinnPost 6/9 MinnPost is your source for local news. Help keep our independent journalism paywall-free with a donation today! Give Now Put your knowledge to the test with MinnPost\u2019s weekly news quiz. Take the quiz One-man approach to hyperlocal news in Minneapolis wins over subscribers Metro by Lev Gringauz Explaining St. Paul\u2019s newest enforcement tool \u2014 administra- tive citations Metro by Winter Keefer 2/17/25, 3:31 Winona State dean fired for sexual misconduct; totem-pole killer gets 15 years - MinnPost 7/9 Thanks to our major sponsors is a 501(c)(3) nonprofit newsroom About Us Newsletters Careers Advertise Membership Help Contact Submit a Tip Code of Ethics Terms of Use Privacy Policy 2/17/25, 3:31 Winona State dean fired for sexual misconduct; totem-pole killer gets 15 years - MinnPost 8/9 P.O. Box 18438 | Minneapolis 55418 | 612.455.6950 \u00a9 2025 MinnPost Powered by Newspack MinnPost Privacy Policy 2/17/25, 3:31 Winona State dean fired for sexual misconduct; totem-pole killer gets 15 years - MinnPost 9/9"} |
7,471 | Randy Pennington | Northern Kentucky University | [
"7471_101.pdf",
"7471_102.pdf",
"7471_103.pdf",
"7471_104.pdf",
"7471_105.pdf",
"7471_106.pdf"
] | {"7471_101.pdf": "How sexual harassment starts on campus: One student's story Published 6:22 a.m April 2, 2018 Updated 8:35 a.m April 2, 2018 \u2013 Her black painted fingernails are chewed to the quick. She fidgets as she recalls the first time she met Randy Pennington. It was spring 2015. Aspiring jazz soprano Natalie Brady was a senior in high school in Milford looking for places to expand her talent. She loved the voices of Ella Fitzgerald and Sarah Vaughn and dreamt of singing professionally last-minute visit to Northern Kentucky University turned into an impromptu audition with Pennington, the school\u2019s vocal program director. The veteran professor took her back to his cramped office and told her to sit next to him on a small piano bench so he could play while she sang. \u201cIt was very close quarters just didn\u2019t know what to think,\u201d Brady says, near tears. \u201cIt made me feel creepy, but that could have been normal for all knew.\u201d After all, Pennington seemed to be just like her music director from high school, with whom she had a close relationship. \u201cSo just went with it,\u201d says Brady, who was 17 at the time and is now 20. Music professor at UC: Flute students allege sexual misconduct over 2 decades law dean:3 students complain. He still has a job. More: Why and how Enquirer is writing about sexual harassment Brady readily accepted NKU's offer to attend. But those uneasy feelings \u2013 and Pennington\u2019s actions \u2013 only increased over the coming years. James Pilcher Cincinnati Enquirer 2/17/25, 3:32 Sexual harassment on campus: One Kentucky student's story 1/8 \u201cI\u2019ve since gone back and agonized and analyzed this and realize that perhaps he targeted me from that very day,\u201d says Brady. \u201cAnd by the time realized it was already trapped. \u201cI\u2019ve done therapy and a lot of self-analysis and realize was probably being groomed,\u201d Brady says. \"Now just want to ensure that other women know that it is for them to stand up for themselves and do something against any individual who is sexually harassing or assaulting them in any way.\" ----- Last month, nearly three years after Brady\u2019s first encounter with Pennington announced that the veteran music professor violated the school\u2019s sexual conduct policy. In a March 16 email to faculty and staff, Interim President Gerard St. Armand wrote that Pennington was gone permanently. The decision was the culmination of complaints filed by Brady and four other women \u2013 three students and one faculty member \u2013 in October, St. Armand said in the email officials investigated immediately after the complaints were filed, and Pennington was put on unpaid leave. After finding early this year that he had violated the policy officials began \u201cinformal discussions\u201d with him spokeswoman Anna Wright said. Those discussions are the first step in NKU\u2019s official termination process involving tenured faculty, Wright said. Negotiations resulted in this officials agreed to let Pennington resign. His official status is \"involuntary resignation,\" Wright said. He will earn his full salary \u2013 $73,000 annually \u2013 through July and his benefits through June. Pennington, 61, also keeps his retirement benefits, according to the agreement obtained by The Enquirer. Through an open records request, The Enquirer has asked for the complaints from all five women, investigation notes and the final report from NKU. The school has not yet provided the materials. 2/17/25, 3:32 Sexual harassment on campus: One Kentucky student's story 2/8 Brady, who gave The Enquirer a copy of her complaint, says she knows the other women. None wanted to publicly discuss Pennington or their complaints. In his email, St. Armand wrote that Pennington had \u201cviolated the University\u2019s sexual misconduct policy, specifically, sexual harassment as defined within the policy.\" Pennington did not return calls seeking comment. His lawyer, H. Jeffrey Blankenship, issued a statement which explained that Pennington \"denies much of what has been alleged and that a lot of this was taken out of context.\" The lawyer was not specific about which allegations his client said did not occur. ----- Like many incoming freshmen, Natalie Brady didn\u2019t know many people on the campus, having come from Milford across the river in Ohio just had so much anxiety and insecurity and isolated myself more and more,\u201d she says. So Brady sunk herself into music, spending a lot of time with Pennington in the process. He offered to give her private lessons, something Brady didn't think he did with other students. \u201cHe started giving me little talks that would slowly evolve from \u2018you're so talented \u2026 you need to be confident\u2019 to \u2018you\u2019re so talented, you're so much better than everybody else and you\u2019re so sexy and beautiful and you need to hold yourself like that,\u2019\" she says. Soon thereafter, she explains that Pennington became increasingly affectionate with hugs that lingered, kisses on the forehead and wandering hands. He grabbed or slapped her backside at least four times, Brady says, and would \"accidentally\" graze her breasts. \u201cAt first thought it was an accident as he would do stuff on the piano bench or during hugs and tried to ignore it,\u201d Brady says. \u201cAnd didn\u2019t think much of it at first because he\u2019s, like, in his 60s.\u201d \u201cThen it wouldn\u2019t stop even when told him it made me uncomfortable. He would just laugh it off and call it an accident.\u201d 2/17/25, 3:32 Sexual harassment on campus: One Kentucky student's story 3/8 Pennington later started calling her \u201chis \u2018go-to\u2019 girl,\u201d Brady says. He would confide in her his feelings about her classmates and his fellow faculty members. Pennington would ask about her love life and criticize new boyfriends. \u201cHe would say stuff like needed to be dating a real man, like him,\u201d Brady says. \u201cBut since day one, he has preached to me about how he is the only one at that can do anything for my career, and that had to trust him believed him at first. He kept saying that if did my time would reap the rewards and opportunities.\u201d ----- Pennington\u2019s departure is the latest in a string of high-profile case at involving complaints of sexual misbehavior over the last two years. In December, school administrators ruled that former law school dean Jeffrey Standen did not violate the sexual conduct policy after three women complained about his behavior. Investigators did find \"sufficient evidence to support a finding of an unhealthy culture of fear, intimidation and bullying,\" and Standen immediately resigned as dean. Standen is on a paid leave of absence at his full salary of $260,100 and is being allowed to come back to campus in the fall with a 15 percent pay cut. That would put his annual pay $222,000 a year \u2013 the highest among all faculty. Last year, the school also settled a separate Title lawsuit for nearly $1 million. The female plaintiff sued in 2016 alleging officials allowed a male student to continually harass her, even after he had been found responsible for sexually assaulting her. And in 2015 conducted an extensive investigation into the men's basketball team over possible sexual misconduct by some players female student accused three players of sexual assault, but an administrative panel found them not responsible. ----- As the months progressed, Pennington gave Brady a key to his office. She found herself running mundane errands for him, as the touching and commentary on her love life stepped up. 2/17/25, 3:32 Sexual harassment on campus: One Kentucky student's story 4/8 Even worse for Brady, Pennington manipulated her class schedule so she would be in his formal choir despite the fact she wanted to focus on jazz, she says. And what she calls \"creepy behavior\" only got worse. In texts Brady provided to and The Enquirer, she wrote Pennington she wanted to know \u201cwhat\u2019s going on in your mind.\u201d Pennington\u2019s response: \u201cYou can always ask \u2026 remember have a dirty and weird mind.\u201d Brady says she was always on edge around Pennington, and lost her cool in the spring of 2016. That\u2019s when NKU\u2019s small jazz vocal group had a concert at the cozy York Street Cafe\u0301. The singers dressed in fancy evening wear, including black cocktail dresses. Hers \u201cwas pretty low cut and he just couldn\u2019t stop looking and making a fuss and telling me how sexy was,\u201d Brady says went to the bathroom and cried, and when came out he said something else and finally flipped him off.\u201d Pennington also served as the music director at Loveland Presbyterian Church, where he also was an elder. Brady says he hired her to sing there as well, putting her in close contact with his wife. \u201cThat was about as weird as you can imagine,\u201d she says. Someone answering the phone at the church declined comment. Brady and her mother, Andrea Brady, say they were told that the church removed Pennington as music director recently. Brady acknowledges that it may appear to outsiders that she was complicit or wanting attention. After all, why wasn\u2019t she more forceful in rebuffing him or why didn\u2019t she report him? Was she leading him on? She admits to having the same self-doubts. 2/17/25, 3:32 Sexual harassment on campus: One Kentucky student's story 5/8 felt like had to stay in touch with him as his student,\u201d Brady says. \u201cBut now? Yeah feel guilty and like didn\u2019t do enough to try and stop him kept worrying that somehow that if went to tell somebody that was going to be held responsible and not him ... that egged him on somehow,\" Brady says guess kind of thought that was keeping all the other girls safe by keeping his attention on me.\u201d ----- Early in her freshman year, Brady confided in her parents what was going on. \u201cAnd, boy, they were lit up,\u201d Brady says. But both Ed and Andrea Brady say that their daughter was adamant that she handle it herself. That led to many trips through rural Clermont County to talk things through. \"We trusted her and knew she would never put herself in a situation where she could be really compromised, but that certainly was a worry,\" says Brady's father. \"It wasn't until saw some of the texts when she was documenting everything for her complaint that really got angry,\" he says. Andrea Brady explains that she \"knew that chance (of Brady being pressured into sex with Pennington) was very slim, as Nat is extremely savvy, realized what was going on, and would have dropped out sooner than submit. \"But knew it was likely he would push in that direction, and was worried about the psychological and emotional ramifications of what that would do to her. She was already questioning herself.\" ----- Last fall, Brady took a class examining feminist punk rock, just at the time that the #MeToo movement erupted all over the country. That got her thinking about her relationship with Pennington and ways out. Then Brady says she asked him for a favor. 2/17/25, 3:32 Sexual harassment on campus: One Kentucky student's story 6/8 Her jazz singing mentor, Darmon Meader, was coming to from New York to give a master class, and Brady wanted to sing a duet with him. For that to happen, \u201c\u2018you\u2019re going to have to give me a lot more than you do now,\u2019\u201d Brady says Pennington told her. There it was \u2013 for Brady, as close to an overt proposition for sex as Pennington had ever come. \u201cThat\u2019s certainly the way took it,\u201d Brady says went back to him two days later and told him that\u2019s the way took it and that it was not acceptable.\" Soon after that, another female student approached Brady, saying a mutual friend told her that Brady had complained of Pennington\u2019s behavior. The other student then told a tale that sounded familiar. Needing to stay in touch and asking to keep things private, an increased need for affection. Inappropriate comments and touching. Then she knew she had protected no one. ----- Brady and the four other women filed their official complaints on Monday, Oct. 23. That Friday, Pennington was placed on an unpaid leave of absence. An police officer was standing by at his office in the fine arts building just in case as he left campus via another building waved at him as he went by,\u201d Brady says. She says she \"was pretty livid that a lot of people knew about him and didn't do anything but, then again didn't do anything for three years.\" Now she has several standing singing gigs around the area and even travels occasionally to perform. Brady also has written a children's book about conquering fear. Her honors project is to create a series of six seminars focusing on exposing and preventing sexual assault/harassment on campus and elsewhere. 2/17/25, 3:32 Sexual harassment on campus: One Kentucky student's story 7/8 \"We've got to find opportunities,\" she says, \"to fix the problem instead of just talking about it.\" Enquirer reporter Kate Murphy contributed. 2/17/25, 3:32 Sexual harassment on campus: One Kentucky student's story 8/8", "7471_102.pdf": "Colin Johnson Following a sexual harassment case in late October 2017, choral studies director Dr. Randy Pennington resigned after investigations found that he violated NKU\u2019s sexual harassment policy. Student didn\u2019t want there to be a girl after me\u2019 Students, faculty reported choral director touching, texting \uf00e \uf0c9 \uf164 \uf39e \ue61b \uf0e0 Sam Rosenstiel and Mackenzie Manley April 11, 2018 Editor\u2019s Note: The Northerner obtained a copy of the Office of Title investigation into the behavior of choral studies director Dr. Randy Pennington through an open records request. During the investigation, witnesses who experienced harassment and came forward did so confidentially. In order to protect their privacy and encourage more witnesses to come forward in the future, we decided to withhold their names. Natalie Brady shared her story with us through an interview, and again through written documents submitted to Title IX. As a freshman, she was self-conscious and lonely\u2014qualities she believes were later taken advantage of by Dr. Randy Pennington, who resigned as NKU\u2019s choral studies director in March. In 2015, the then-17-year-old Natalie Brady remembers feeling unease almost from the start, during private lessons with Pennington on \u201cscatting,\u201d or vocal improvisation. Pennington would invite her to sit at a piano bench in his office; it was small, and they were a \u201cpaper-length\u201d apart. If she tried to scoot away, he would scoot closer, she said. In an interview, she said he would touch her during the lessons, and linger\u2014a pat on the back with a hand that gradually slid further down. And, with each lesson, he became more bold. She said he would graze her breast or thigh, then brushing it off as an accident. After their lessons went on, she said he would touch her without a word. Last October, Brady, three other students and a faculty member reported Pennington\u2019s behavior to the Office of Title IX. Brady handed over texts Pennington sent her and gave a statement detailing years of sexual harassment and emotional manipulation, according to investigation documents obtained by The Northerner. Faculty members also reported bullying and drinking that Pennington brought to campus, according to the documents. Pennington was put on administrative leave on Oct. 27, 2017, and he has not taught at since. Investigators concluded he violated NKU\u2019s sexual harassment policy, and after an involuntary separation in March, Pennington left the university. Brady remembers him playing with her hair; when he was upset, she said he would wrap it around his hand, pull, and tilt it upward so that she would look at him. \u201cThere was one lesson he tried to hold my hand and kept trying to kiss me on the head,\u201d Brady wrote in her testimony would pull away, but this would not deter him.\u201d \uf0c9 \uf164 \uf39e \ue61b \uf0e0 Her memories of Pennington stretch back to before she even chose NKU. In April 2015, she shadowed a vocal jazz rehearsal with aspirations of becoming a professional musician. At first, Brady described him as \u201calmost fatherly\u201d\u2014similar to the mentor she found in her high school band director. That first impression would soon crumble. During a concert in November 2015, Brady said that Pennington pulled her aside to compliment her about how \u201cattractive\u201d and \u201csexy\u201d she was. \u201cHe started talking to me and he was like \u2018these people are below you, you\u2019re too good for them,\u2019\u201d she recalled in an interview. After that, Brady said Pennington became more \u201ctouchy\u201d during lessons. He would call her into his office and shut the door. His motto still reverberates: \u201cWhatever happens in this office stays between us.\u201d It was here, with the door shut, that Brady said he would make comments about her appearance, her outfit and about other students and faculty members that bothered him. \uf0c9 \uf164 \uf39e \ue61b \uf0e0 Colin Johnson Natalie Brady is a junior pursuing vocal jazz. In October 2017, she reported sexual harassment to NKU\u2019s Office of Title IX. Other witnesses come forward Three other students and a faculty member complained to Title that Pennington touched them inappropriately and made overtly suggestive remarks, according to investigation documents obtained by The Northerner. The investigation named seven School of the Arts faculty as possible witnesses to Pennington\u2019s behavior, including director Ken Jones, associate director Thom McGovern, former music department chair and associate professor Kurt Sander, assistant provost and associate professor Jason Vest, and two faculty members that asked The Northerner not to release their names. \u201cIt was more about the girls than me,\u201d a faculty complainant who asked to be kept anonymous told The Northerner. One complainant told investigators Pennington slapped her on the backside with a binder. Students and faculty remembered his hands lingering, sliding down their backs and smacking or grabbing their backsides. Another complainant said she felt like Pennington would stare at her. On a day she wore a certain top, she asked a friend to borrow a sweatshirt just for Pennington\u2019s class. Another time, when one of the complainants was having a bad day, Pennington tried to comfort her. Then, she said Pennington put his hand on the back of her neck. \u201cIt was firm. There was applied pressure felt like he was trying to intimidate me more than comfort me,\u201d her statement read faculty complainant said she got along with Pennington for seven years until the last week he was at NKU. \u201cAs we were walking out of the elevator he slapped my butt. He said I\u2019m sorry know that\u2019s sexual harassment and laughed,\u201d she wrote said \u2018well as long as you know.\u2019\u201d One faculty member reported that Pennington told her at a 2016 concert, \u201cif only in your younger days would have liked to\u2026,\u201d but did not finish his sentence before she told him to \u201cpiss off.\u201d \u201cHe\u2019s known for his extra-long hugs, the slipping of hands and inappropriate comments,\u201d the complainant told investigators. \uf0c9 \uf164 \uf39e \ue61b \uf0e0 Pennington told investigators he remembers saying remember when you were wild and crazy\u201d and said her views are \u201ccolored\u201d because she was not chosen to sing in a concert. Another faculty complainant reported that, when she moved into her office, Pennington stopped by and joked that \u201che would have sex so loud in here they had to move him.\u201d That complainant also told investigators that Pennington \u201cwas not shy of letting people know his power.\u201d She reported that she felt like, with his power and pull of contacts, he would pressure students to do certain choirs or ensembles. She said it was not uncommon for Pennington to rub female coworkers backs or to call them \u201csweetie\u201d or \u201cdarling\u201d. Director of Ken Jones told investigators he heard rumors of sexual harassment, but no students came forward. Jones also said no one reported anything to him about Pennington regarding sexual harassment. Former music department chair Kurt Sander told investigators there were a number of times a student would almost come forward about harassment, but would end up leaving the university heard it was an issue when got here 13 years ago,\u201d Sander told investigators faculty reported feeling bullied and intimidated by Pennington, saying he sometimes threatened that he had keys to their offices. Pennington admitted that he got into a confrontation with associate director Thom McGovern during a meeting: he stood over a table and pointed his finger in McGovern\u2019s face, saying \u201cI\u2019m warning you.\u201d McGovern retorted, \u201cYou don\u2019t warn me.\u201d Faculty also reported Pennington regularly exerted his power over junior employees and freshmen students complainant said Pennington would remind faculty below him in rank how \u201cbeneath him\u201d they were. Pennington admitted he would call certain students \u201cweak links,\u201d but added that he pressures all students who are not performing at their best. In reference to these claims, Pennington\u2019s attorney, N. Jeffery Blankenship, stated that as a professor and choral director, Pennington acknowledges that part of his job was to evaluate student and faculty performance. \u201cBut, he endeavored to perform those duties in a constructive way, intended only to build up and improve the performance,\u201d Blankenship said in an email to The Northerner, adding that \u201cwhile he cannot account for personal sensitivities and perceptions,\u201d Pennington never intentionally used the aforementioned phrases and instead opted for \u201cterms of a more teaching or instructive nature.\u201d \uf0c9 \uf164 \uf39e \ue61b \uf0e0 Some faculty said Pennington\u2019s behavior was amplified by alleged drinking at work, according to initial investigation interviews. Within the documents, Sander said he \u201cknows for a fact\u201d Pennington came to campus intoxicated on different occasions. He said he reported the behavior to three deans: \u201cYou could smell it on him.\u201d Jones told investigators he could smell alcohol on Pennington while the two were touring elementary schools. \u201cThere is probably not a soul on campus that does not know about his drinking,\u201d McGovern stated in his testimony to investigators. In a 2014 email to then-president Geoffrey Mearns, Provost Sue Ott-Rowlands reported student and parent complaints of Pennington being too impaired to drive students home from a concert festival. According to the investigation documents, McGovern said there is no official record of Pennington being disciplined for having or drinking alcohol on campus. His personnel file contains no record of discipline for drinking tried to stay away from him\u2019 At a concert in March 2016, Brady remembers Pennington staring at her when she was wearing a dress with a low back. \u201cThen he came up to me and was like \u2018if were anybody\u2014if was your age\u2014you couldn\u2019t imagine the things that could do to you.\u2019\u201d she recalls Pennington saying. After, she ran to the bathroom out of shock. When she came out of the bathroom, she recalls him noticing that she was shaken up. During a soundcheck, he nagged her about her solo. So, she flipped him off in public\u2014a moment she said he held against her. Later that night, she apologized. It was then she told her parents. \u201cThey knew the whole time,\u201d she said. The day after the concert, Brady started dating her first college boyfriend. She felt like Pennington\u2019s demeanor turned cold and angry. She said he called her into his office where she recalls him saying, \u2018\u201cyou broke my trust. You have so much potential, but you\u2019re never going to get anywhere if you start flipping off the people you care about.\u2019\u201d During rehearsals, she said he began to call her out in front of everyone, his face soured. \uf0c9 \uf164 \uf39e \ue61b \uf0e0 Emerson Swoger Dr. Randy Pennington was the director of choral studies; Natalie Brady had several of his classes. After a few months, her relationship ended. In May 2016, during a chamber choir trip to Canada, Brady said Pennington admitted that he had been angry with her for months for dating someone else. At the bar, he told her he felt no one else \u201cdeserved\u201d her and that she needed a \u201cman\u201d like him instead of the \u201cboy\u201d she was seeing. In the same conversation, Brady said Pennington threatened to keep her out of the vocal jazz ensemble if she did not audition for his chamber choir. Even if she did happen to get into vocal jazz, he told her she would get no solos. During her sophomore year, she said Pennington offered her a $2,000 scholarship to stay in chamber choir. She was broke, so she felt like she had to tried to stay away from him, but he kept inventing these new reasons for me to stick with him,\u201d Brady said tried to not be alone with him tried to leave the door open if went into his office few times, she hit him after he touched her inappropriately. But, she said he \u201cjust thought it was a game.\u201d Pennington took leave in spring 2017 after he was diagnosed with cancer. Despite being physically away, the harassment continued, according to Brady. She said Pennington texted her nonstop and asked her to call him while she was in class. When she didn\u2019t answer, he told her that he felt ignored, forgotten and neglected. In messages Brady shared with The Northerner, Pennington told her he had \u201ca dirty and weird mind.\u201d \u201cYou were dressed to kill today. Trying to attract someone or just feeling good. We all noticed. Have a good weekend. R,\u201d read one message. \u201cMy life is not the same without seeing you everyday,\u201d he wrote in another. \u201cRemember what share with you is private! Don\u2019t feel we are close anymore. Did step over the line?\u201d \uf0c9 \uf164 \uf39e \ue61b \uf0e0 \u2018It was a good day, a real good day\u2019 When Pennington returned in fall 2017 after his cancer went into remission, Brady thought as long as she took the brunt of the abuse, it would keep him from harassing other women. Then, she met another victim (and former student) of Pennington\u2019s at an alumni choir event. Together, they compared their experiences\u2014the touching, suggestive comments and inappropriate behavior. \u201cShe was the girl before me. And remember talking to her about it, and she was like \u2018well if you just stick with it, you get a lot of really cool and good opportunities out of it.\u2019\u201d But, she didn\u2019t want there to be a girl after her. Brady felt as if she had to do something. \u201cHe totally turned my world upside down in really bad ways, and can\u2019t let that happen to more people,\u201d she said. When she finally told Ann James, the Title coordinator, Brady cried had class with him right afterwards,\u201d she said. \u201cBut, it felt good evil-eyed him the whole time, and then he was escorted off-campus a week later.\u201d Pennington\u2019s response In response to Brady\u2019s statement, Pennington told investigators he invited her to sit at the piano bench during lessons because there was no other chair in his office and denied moving closer to her. The only touching that went on was having her tap his leg because she was off-rhythm, he said, and he did not touch her backside or breasts. Pennington did tell investigators he thinks Brady is \u201cvery much a diva\u201d and \u201ctakes things the wrong way.\u201d \u201cShe expanded her importance in her mind to me and to the program. She feels like she is the program and in some ways she\u2019s right,\u201d Pennington said in an investigation interview. He also said he never forced Brady to be in his choirs, and cited \u201cconflicts in her schedule\u201d as reasons for placing her in his singing groups. Suggesting Brady should date a \u201cman\u201d like him on the Canada trip never happened, Pennington claims. He only gave her \u201cadvice\u201d to look for someone more \u201cmature.\u201d He added that he never told Brady he had feelings for her but \u201ccared about her and her progress.\u201d \uf0c9 \uf164 \uf39e \ue61b \uf0e0 Documents said Pennington even suggested Brady had a secret crush on him. While he denied playing favorites with his students, he told investigators he noticed competition for his favor: \u201cMy favorite is whoever [is] willing to do what needs to be done.\u201d Pennington declined to comment for this story and referred The Northerner to his attorney. Pennington \u201cemphatically and unequivocally denies the claims of bullying and drinking on the job,\u201d according to Blankenship. Though, Pennington said he did have a conversation with director Jones about bullying and had apologized to McGovern for the \u201cheated interaction.\u201d The claims of bullying \u201cwould have been a rare occurrence but it isn\u2019t outside the realm of possibility that voices (on both sides) may have been raised,\u201d Blankenship stated, calling the characterization an \u201cinflammatory term intended to incite negative conniptions, but has no real legitimate basis in fact because Dr. Pennington has never \u2018bullied\u2019 anyone, as that term is generally used.\u201d In a statement, Blankenship said Pennington is innocent, and that the university ousted him to make up for bad publicity caused by another recent workplace harassment scandal. In December, Chase Law Dean Jeffrey Standen resigned after a university investigation found he created \u201can unhealthy culture of fear, intimidation and bullying\u201d in his office. \u201cWe believe, therefore, that is proceeding in a self-serving manner intended only to protect its self-interest and improve its public image,\u201d Blankenship\u2019s statement read. Citing \u201cfatigue\u201d from his cancer diagnosis, Pennington maintains his innocence but will not fight for his reputation. \uf0c9 \uf164 \uf39e \ue61b \uf0e0 Colin Johnson The Title investigation documents were obtained through an open records request. Through darkness, Brady looks forward Brady hasn\u2019t had contact with Pennington since the investigation started\u2014he\u2019s not allowed to reach out. As a result, for the first time in her college career she said she feels safe walking the halls of NKU\u2019s School of the Arts. \u201cWhen he was here couldn\u2019t walk around without running into him and being dragged into his office to the point where would do as much as could to not avoid him if possible.\u201d Brady said. He\u2019s not here. She\u2019s free from that worry. Simple moments, like dressing in the morning without having to be conscious of if she would see him that day, are now back in her control. Brady doesn\u2019t want this to happen to others. Stemming from a project in a feminist punk rock honors\u2019 class, she created a concept for circle-based, proactive seminars. These seminars are meant to recognize issues\u2014like sexual harassment\u2014and not only point it out, but pinpoint future solutions. \uf0c9 \uf164 \uf39e \ue61b \uf0e0 \u201cIt\u2019s really close to my heart right now, because of all of [the investigation],\u201d she said. \u201cIt\u2019s nice to be pursuing something that matters to me.\u201d The idea is to come up with a plan during the seminars and lay out the groundwork to incorporate them on campus and in the community. \u201cAnd know this stuff will still happen, because the world is dark,\u201d she said, adding that her goal is to keep cases likes hers from happening in the future. If you\u2019ve been sexually assaulted or harassed, there are resources for you. Visit the Norse Violence Prevention Center online or in person in 304 8:15-4:30 Monday-Friday. The Ethics & Compliance Hotline is available 24/7, and anonymous reports can be made at 1-855- 597-4539 or Call (800) 656-4673 to be connected with trained staff of RAINN\u2019s Sexual Assault Hotline. Call the Women\u2019s Crisis Center in Covington 24/7 at (800) 928- 6708. The Northerner \u2022 Copyright 2025 WordPress Theme by \u2022 Log in \uf0c9 \uf164 \uf39e \ue61b \uf0e0", "7471_103.pdf": "nonprofit publication of the Kentucky Center for Public Service Journalism \uf002 2/17/25, 3:32 response on behalf of Dr. Randy Pennington to the email by interim President Gerald St. Amand - NKyTribune 1/8 Home \u00bb News Ticker response on behalf of Dr. Randy Pennington to the email by interim President Gerald St. Amand response on behalf of Dr. Randy Pennington to the email by interim President Gerald St. Amand \uf017March 19, 2018 On behalf of Dr. Randy Pennnigton, his attorney N. Jeffrey Blankenship offers this response to an email sent to the community by interim President Gerald St. Amand which was published yesterday in the NKyTribune: Dr. Randy Pennington was a full tenured professor at where he had been teaching for 23 years. During that 23 year period of time, Dr. Pennington encouraged and coached hundreds of music students, assisting in the development of their education and their careers. Despite 23 years of lauded and exemplary performance, only recently were any complaints made for incidents which, even if true, would only show an innocent course of conduct. There was absolutely no overtly improper sexual conduct in violation of any policy. To that end, Dr. Pennington continues to deny any violation of any policy. However is attempting to ameliorate the detrimental backlash of another recent case, where the school made a finding of a violation of 2/17/25, 3:32 response on behalf of Dr. Randy Pennington to the email by interim President Gerald St. Amand - NKyTribune 2/8 policy, and yet still made the offender the highest paid professor in that college. We believe, therefore, that is proceeding in a self-serving manner intended only to protect its self-interest and improve its public image. In the last several years, Dr. Pennington has won two battles with cancer which have left him too physically and emotionally fatigued to wage the war for his reputation that he would have otherwise chosen to fight. As a result, he voluntarily chose to resign from his position and waive his right to a due process hearing as to the allegations, for which he continues to assert his innocence. \uf100Previous launches prescription electronic reporting system, giving healthcare providers new tools Next students from Leadership Institute spent their spring break rebuilding homes in Appalachia Your email address will not be published. Required fields are marked * Comment * 2/17/25, 3:32 response on behalf of Dr. Randy Pennington to the email by interim President Gerald St. Amand - NKyTribune 3/8 Name * Email * Website 2/17/25, 3:32 response on behalf of Dr. Randy Pennington to the email by interim President Gerald St. Amand - NKyTribune 4/8 2/17/25, 3:32 response on behalf of Dr. Randy Pennington to the email by interim President Gerald St. Amand - NKyTribune 5/8 2/17/25, 3:32 response on behalf of Dr. Randy Pennington to the email by interim President Gerald St. Amand - NKyTribune 6/8 2/17/25, 3:32 response on behalf of Dr. Randy Pennington to the email by interim President Gerald St. Amand - NKyTribune 7/8 \u00a9 2024 Kentucky Center for Public Service Journalism. All rights reserved. Business Education Government Health Living News NonProfit Region/State Sports Voices Select Month Archives \u2022 Institute for Nonprofit News \u2022 Online News Association \u2022 N. Ky. Chamber of Commerce \u2022 Covington Business Council Affiliations 2/17/25, 3:32 response on behalf of Dr. Randy Pennington to the email by interim President Gerald St. Amand - NKyTribune 8/8", "7471_104.pdf": "SOTA\u2019s choral studies director resigned on March 16 after an investigation found he violated the university\u2019s sexual harassment policy. (Sam Rosenstiel) SOTA\u2019s choral studies director resigned on March 16 after an investigation found he violated the university\u2019s sexual harassment policy. Sam Rosenstiel Choral director steps down after sexual harassment investigation Sam Rosenstiel, News Editor and Mackenzie Manley, Editor-in-Chief March 19, 2018 Choral Studies Director Dr. Randy Pennington resigned on Friday after a university investigation found he violated its sexual harassment policy. Provided Dr. Randy Pennington taught at from 1994 to 2017. Four students and a faculty member brought concerns to the university last October, and Pennington was put on administrative leave pending a Title investigation on Oct. 23. On March 16, interim president Gerard St. Amand sent a letter to faculty members, which stated that the investigation had concluded. On the same day, Pennington agreed to bypass a formal hearing of his termination after discussing with administrators. \u201cHe also has submitted his resignation, thereby ending his employment at NKU,\u201d the letter read. \u201cHe will not return to teach at or in any other employment capacity.\u201d Pennington began teaching at in 1994 and directed men\u2019s, women\u2019s and coed vocal ensembles. Pennington is listed on the Kentucky Music Educators Association website as District 6 president, representing eight northern Kentucky counties. He became music director at Loveland Presbyterian Church in Loveland, Ohio in 2013 and worked at Christ Church in Ft. Thomas until 2011. From 2007-2011, he served as a Youth/Student Repertoire & Standards Chair for the Kentucky American Choral Directors Association. Before coming to NKU, Pennington worked at Adams State College in Alamosa, Colorado. He is originally from Tucson, Arizona. In a university statement, spokeswoman Anna Wright said that is committed to fostering a safe and inclusive educational and work environment free from sexual harassment or discrimination of any kind.\u201d The statement went on to say that, as the resolution of the issue demonstrates, the administration takes sexual harassment allegations seriously. \u201cWe have a robust policy in place for investigating issues of this kind and we take appropriate actions as warranted,\u201d the statement said. \u201cOnly when an investigation is concluded and final action has been taken can the university comment on matters like this.\u201d Pennington\u2019s attorney, N. Jeffrey Blankenship, responded to the university\u2019s letter in an email statement to the NkyTribune on Monday morning. \u201cDespite 23 years of lauded and exemplary performance, only recently were any complaints made for incidents, which, even if true, would only show an innocent course of conduct,\u201d the email read. Blankenship said that was \u201cabsolutely no overtly improper sexual conduct in violation of any policy.\u201d Referencing the case of former Chase Law Dean Jeffrey Standen, the statement claimed that is attempting to make amends in the wake of recent backlash. \u201cThe school made a finding of a violation of policy, and yet still made the offender the highest paid professor in that college,\u201d Blankenship wrote. \u201cWe believe, therefore, that is proceeding in a self-serving manner intended only to protect its self-interest and improve its public image.\u201d The statement also noted Pennington\u2019s two battles with cancer over the years, of which Blankenship said has left him too \u201cphysically and emotionally fatigued to wage the war for his reputation that he would have otherwise chosen to fight.\u201d Though Pennington voluntarily chose to resign from his position, he asserts that he his innocent in the wake of such allegations. Read the full text of St. Amand\u2019s message to faculty here. If you\u2019ve been sexually assaulted or harassed, there are resources for you. Visit the Norse Violence Prevention Center at nvp.nku.edu/support.html or in person in 304 from 8:15 a.m. to 4:30 p.m. Monday-Friday. The Ethics & Compliance Hotline is available 24/7, and anonymous reports can be made at 1-855-597-4539 or Call (800) 656- 4673 to be connected with trained staff of RAINN\u2019s Sexual Assault Hotline. Call the Women\u2019s Crisis Center in Covington 24/7 at (800) 928-6708. This is a developing story. Check and follow @northernermedia for updates. The Northerner \u2022 Copyright 2025 WordPress Theme by \u2022 Log in", "7471_105.pdf": "Active Case | Ending Unjust Imprisonment Related Documents Complaint Children tried and convicted as adults for sex offenses in Alabama are subject to the state\u2019s Sex Offender Registration and Community Notification Act, which imposes a lifetime obligation to register as a sex offender. The filed a lawsuit on behalf of plaintiffs who as children were tried and convicted as adults and forced to endure the debilitating effects of the state\u2019s sex offender act. The lawsuit, Pennington v. Taylor, describes how the law not only makes it a crime for teenagers to have consensual sex, but severely limits their employment, housing and social Randy Pennington, et al. v. Hal Taylor, et al. Date Filed: September 19, 2019 Active: Active Case Explore Our Sites Donate Learning for Justice Civil Rights Memorial Center New Report Illustrates Predatory Policing Practice Impacting Black Alabamians \u2013 Read More 2/17/25, 3:33 Randy Pennington, et al. v. Hal Taylor, et al. 1/4 opportunities as adults, as well as places them on the sex offender registry for life, if tried and convicted as an adult. The lawsuit recounts how Herbert Stevens, one of the plaintiffs in the lawsuit, began dating his future wife when he was 14 and she was 12. In 1996, when he was 17 and she was 15, his girlfriend\u2019s mother became upset the two were dating. She called the police and had him charged with rape. Despite her later asking the district attorney to drop the charges, Stevens was tried as an adult and charged with second-degree rape. He spent six months at a juvenile boot camp and never finished high school. He has since been placed on the sex offender registry, which has made finding employment difficult. It also has interfered with his ability to participate in the lives of his three children. For example, when his 19-year-old son graduated from basic training with the military, Stevens\u2019 sex-offender status prevented him from attending his son\u2019s graduation. The lawsuit outlines how the state\u2019s sex offender law is unconstitutional, violating the Eighth Amendment\u2019s ban on cruel and unusual punishment. It also violates the 14th Amendment\u2019s Equal Protection and Due Process clauses as well as the Ex Post Facto clause of the U.S. Constitution. The complaint also describes how the law violates the right to reputation guaranteed under the Alabama Constitution. Related Content Eliminating Poverty Scott, et al., v. Louisiana State Police, et al. Dismantling White Supremacy, Eliminating Poverty Barnes v. Felix Strengthening Democracy & Voting Rights Ayota v. Fall 2/17/25, 3:33 Randy Pennington, et al. v. Hal Taylor, et al. 2/4 Get the latest updates from Southern Poverty Law Center. Your Email Address Subscribe Racial Justice Issues Find Resources State Support Support Us Careers Class Action Lawsuits Press Center Contact Us Member Center The Civil Rights Memorial Center Learning for Justice is a nonprofit, tax-exempt 501(c)(3) organization (EIN: 63-0598743) The Southern Poverty Law Center 400 Washington Avenue 2/17/25, 3:33 Randy Pennington, et al. v. Hal Taylor, et al. 3/4 Montgomery 36104 \u00a9 Copyright 2025 SPLC. All Rights Reserved. Privacy & Terms Accessibility Statement 2/17/25, 3:33 Randy Pennington, et al. v. Hal Taylor, et al. 4/4", "7471_106.pdf": "nonprofit publication of the Kentucky Center for Public Service Journalism \uf002 2/17/25, 3:33 Pres. St. Amand explains sexual harassment investigation of tenured faculty member - NKyTribune 1/10 Home \u00bb Education Pres. St. Amand explains sexual harassment investigation of tenured faculty member Pres. St. Amand explains sexual harassment investigation of tenured faculty member \uf017March 18, 2018 Interim Northern Kentucky University President Gerard A. St. Amand has sent an email to the community acknowledging an investigation into sexual harassment and inappropriate behavior against a tenured faculty member. The faculty member, Dr. Randy Pennington, from the School of Arts had resigned immediately as a result of the investigation and has waived further due process in the matter. He will not return to teach at or in any other employment capacity. This is the text of St. Amand\u2019s email message on Friday: Today would like to share with you that the University has concluded an investigation into allegations of sexual harassment and inappropriate behavior against Dr. Randy Pennington, a tenured faculty member from the School of the Arts (SOTA). The University launched an investigation immediately after learning of concerns raised on October 23, 2017 by four students and one faculty member. Dr. Pennington was informed of the complaints upon the start of the investigation and immediately placed on administrative leave. He has not taught at the University since being placed on leave. 2/17/25, 3:33 Pres. St. Amand explains sexual harassment investigation of tenured faculty member - NKyTribune 2/10 Upon completing the investigation, the conclusion was that Dr. Pennington violated the University\u2019s sexual misconduct policy, specifically, sexual harassment as defined within the policy. In accordance with the process outlined in the faculty handbook, university administrators met with Dr. Pennington to informally address the matter. As a result of those discussions, Dr. Pennington today agreed to waive further due process rights, including his right to a formal hearing regarding the termination of his employment for violating NKU\u2019s sexual misconduct policy. He also has submitted his resignation, thereby ending his employment at NKU. He will not return to teach at or in any other employment capacity am proud of the students and faculty member who brought this matter to our attention. Sexual harassment or misconduct has no place on our campus. We expect our employees to act with integrity and serve as trusted advisors and positive role models for our students. We all play an important role in the shared success of our university, and we have an obligation to raise questions or concerns when something doesn\u2019t seem right. If you have a question or concern about someone\u2019s conduct encourage you to talk with your supervisor, a member of the Human Resources office, or a Title deputy coordinator. The Ethics & Compliance Hotline is available 24 hours a day, 7 days a week. Reports can be made anonymously at 1-855-597-4539 or We will continue to work aggressively to prevent inappropriate behavior while proactively educating and supporting our campus community. We promote a culture among our students, faculty and staff that fosters a safe, healthy and inclusive learning environment for all. We must act with the utmost integrity in order to fulfill our promise of successfully educating and serving our students, leading with excellence and making a lasting impact on our region. President St. Amand 2/17/25, 3:33 Pres. St. Amand explains sexual harassment investigation of tenured faculty member - NKyTribune 3/10 \uf100Previous: Analysis shows doctors make more from drug companies as they prescribe more opioids Next: \uf101 Kentucky Afield Outdoors: Time to scout and develop a game plan as spring turkey season approaches Your email address will not be published. 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All rights reserved. Business Education Government Health Living News NonProfit Region/State Sports Voices 2/17/25, 3:33 Pres. St. Amand explains sexual harassment investigation of tenured faculty member - NKyTribune 10/10"} |
8,236 | Oliver Ibe | University of Massachusetts – Lowell | [
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] | {"8236_101.pdf": "By By | Boston Herald | Boston Herald UPDATED: UPDATED: July 11, 2019 at 12:00 July 11, 2019 at 12:00 Herbert J.Ball Engineering Center Herbert J.Ball Engineering Center \u2014 UMass Lowell Associate Dean Oliver Ibe strolled into a staff \u2014 UMass Lowell Associate Dean Oliver Ibe strolled into a staff member\u2019s office the day before Good Friday two years ago, proclaiming how member\u2019s office the day before Good Friday two years ago, proclaiming how much he\u2019d miss her during the holiday she was taking off, the staff member much he\u2019d miss her during the holiday she was taking off, the staff member recalls. recalls. The staff member, then 43, alleges that Ibe moved his hands around the The staff member, then 43, alleges that Ibe moved his hands around the sides of her waist, rubbing her, and then started to move his hands toward sides of her waist, rubbing her, and then started to move his hands toward her lower back. The woman, his subordinate, hastily pushed him away, she her lower back. The woman, his subordinate, hastily pushed him away, she said. The story is one of several listed in a wide-ranging complaint alleging said. The story is one of several listed in a wide-ranging complaint alleging inappropriate behavior by Ibe. inappropriate behavior by Ibe. UMass Lowell, after investigating this allegation and others two years ago, UMass Lowell, after investigating this allegation and others two years ago, determined Ibe violated its sexual harassment, sexual discrimination and determined Ibe violated its sexual harassment, sexual discrimination and other sexual misconduct guidelines. The university said it took appropriate other sexual misconduct guidelines. The university said it took appropriate disciplinary action and that the matter has been fully addressed. disciplinary action and that the matter has been fully addressed UMass Lowell dean demoted, not UMass Lowell dean demoted, not fired, over harassment fired, over harassment 2/17/25, 3:33 UMass Lowell dean demoted, not fired, over harassment \u2013 Lowell Sun 1/6 The university settled with the staff member for $75,000 \u2014 a check for The university settled with the staff member for $75,000 \u2014 a check for $49,300, and for attorney\u2019s fees totaling $25,700. $49,300, and for attorney\u2019s fees totaling $25,700. It removed Ibe\u2019s associate dean title and designated him as a professor of It removed Ibe\u2019s associate dean title and designated him as a professor of electrical and computer engineering; he remains today on the second floor electrical and computer engineering; he remains today on the second floor of Ball Hall. of Ball Hall. However, a group of faculty and staff learned about the allegations recently, However, a group of faculty and staff learned about the allegations recently, reigniting the issue. Nearly 100 faculty and staff members have signed a reigniting the issue. Nearly 100 faculty and staff members have signed a petition that was sent to the school\u2019s Executive Cabinet, asking it to remove petition that was sent to the school\u2019s Executive Cabinet, asking it to remove Ibe from the campus. Faculty and staff who spoke with The Sun say they\u2019re Ibe from the campus. Faculty and staff who spoke with The Sun say they\u2019re outraged that Ibe was not fired. outraged that Ibe was not fired. Ibe, 71, a married father of four, lives in Andover. He grew up in Nigeria and Ibe, 71, a married father of four, lives in Andover. He grew up in Nigeria and is a member of the Ibo ethnic group of the southeastern part of the country. is a member of the Ibo ethnic group of the southeastern part of the country. He attended the University of Nigeria, where he majored in electrical He attended the University of Nigeria, where he majored in electrical engineering and graduated in 1975, according to his bio on the university engineering and graduated in 1975, according to his bio on the university website. website. Ibe came to America in 1977 as a graduate student at MIT, where he Ibe came to America in 1977 as a graduate student at MIT, where he received a master\u2019s degree in electrical engineering and computer science received a master\u2019s degree in electrical engineering and computer science and a doctorate in electrical engineering, according to his bio. and a doctorate in electrical engineering, according to his bio. He joined the university in 2003 and last year was named a fellow of the He joined the university in 2003 and last year was named a fellow of the National Academy of Inventors. His research interest at UMass Lowell is National Academy of Inventors. His research interest at UMass Lowell is mobile and converged communications. According to the university\u2019s mobile and converged communications. According to the university\u2019s website, he holds 10 patents and his research has led to enhancements in website, he holds 10 patents and his research has led to enhancements in cellular phone networks. cellular phone networks. The Sun made multiple attempts to get Ibe\u2019s comment on this story. He did The Sun made multiple attempts to get Ibe\u2019s comment on this story. He did not respond to voicemails and a note left at his Ball Hall office. not respond to voicemails and a note left at his Ball Hall office Sun editor went to his posted office hours April 10. Ibe said he wasn\u2019t Sun editor went to his posted office hours April 10. Ibe said he wasn\u2019t declining to comment and asked the editor to come back next week. When declining to comment and asked the editor to come back next week. When The Sun went back during his posted office hours last Wednesday, Ibe said The Sun went back during his posted office hours last Wednesday, Ibe said \u201cno\u201d twice and closed the door on a reporter. \u201cno\u201d twice and closed the door on a reporter. Clara Orlando, the university\u2019s director of Human Resources and Equal Clara Orlando, the university\u2019s director of Human Resources and Equal Opportunity and Outreach, ruled that Ibe violated the university\u2019s sexual Opportunity and Outreach, ruled that Ibe violated the university\u2019s sexual violence, sexual discrimination and other sexual misconduct guidelines. violence, sexual discrimination and other sexual misconduct guidelines. 2/17/25, 3:33 UMass Lowell dean demoted, not fired, over harassment \u2013 Lowell Sun 2/6 Ibe made inappropriate comments to the employee regarding her race and Ibe made inappropriate comments to the employee regarding her race and her marital status, the director ruled. However, his comments did not rise to her marital status, the director ruled. However, his comments did not rise to the level of a violation of the university\u2019s guidelines on nondiscrimination, the level of a violation of the university\u2019s guidelines on nondiscrimination, she wrote. she wrote. Joseph Hartman, dean of the College of Engineering, took away Ibe\u2019s Joseph Hartman, dean of the College of Engineering, took away Ibe\u2019s associate dean title. associate dean title. \u201cThe university further directs you that you are not to engage in any further \u201cThe university further directs you that you are not to engage in any further conduct that is in conflict with the university\u2019s sexual harassment, sexual conduct that is in conflict with the university\u2019s sexual harassment, sexual discrimination and other sexual misconduct guidelines and other equal discrimination and other sexual misconduct guidelines and other equal opportunity guidelines,\u201d Hartman wrote. opportunity guidelines,\u201d Hartman wrote. \u201cPlease be advised that future breaches of this kind will be met with \u201cPlease be advised that future breaches of this kind will be met with discipline, up to and including the university\u2019s right to invoke termination discipline, up to and including the university\u2019s right to invoke termination and/or dismissal proceedings \u2026\u201d the dean added in the letter. and/or dismissal proceedings \u2026\u201d the dean added in the letter. Ibe was paid $159,893 last year, a drop from his salary that topped $200,000 Ibe was paid $159,893 last year, a drop from his salary that topped $200,000 in each of the previous two years while an associate dean. in each of the previous two years while an associate dean. On the UMass Lowell website, under the Sexual Harassment tab, it reads: On the UMass Lowell website, under the Sexual Harassment tab, it reads: \u201cNo employee, student or visitor may sexually harass any member of the \u201cNo employee, student or visitor may sexually harass any member of the university community.\u201d university community.\u201d The webpage continues: \u201cSexual harassment is unacceptable in any The webpage continues: \u201cSexual harassment is unacceptable in any workplace or educational environment. UMass Lowell has policies and workplace or educational environment. UMass Lowell has policies and support structures to enable everyone on campus to work and learn in an support structures to enable everyone on campus to work and learn in an environment free of harassment.\u201d environment free of harassment.\u201d The faculty and staff petition states that the university\u2019s efforts to build an The faculty and staff petition states that the university\u2019s efforts to build an inclusive climate \u2014 where women feel valued and are protected from inclusive climate \u2014 where women feel valued and are protected from discrimination \u2014 are \u201cseverely undermined when the University allows a discrimination \u2014 are \u201cseverely undermined when the University allows a known sexual harasser to continue to work here.\u201d known sexual harasser to continue to work here.\u201d \u201cNot only does it send the wrong message about how seriously the \u201cNot only does it send the wrong message about how seriously the University takes these issues, but it also fails to protect current and future University takes these issues, but it also fails to protect current and future female students, faculty and staff from this individual,\u201d the petition states. female students, faculty and staff from this individual,\u201d the petition states. They requested that UMass Lowell take swift action. They want a Committee They requested that UMass Lowell take swift action. They want a Committee of Inquiry to investigate, and for Ibe to be suspended from professional of Inquiry to investigate, and for Ibe to be suspended from professional duties, pending the outcome of the process. duties, pending the outcome of the process. 2/17/25, 3:33 UMass Lowell dean demoted, not fired, over harassment \u2013 Lowell Sun 3/6 The letter also states that UMass Lowell needs to review its policies and The letter also states that UMass Lowell needs to review its policies and procedures related to sexual harassment to \u201censure that individuals face procedures related to sexual harassment to \u201censure that individuals face appropriate consequences, and that those who take the risk to come appropriate consequences, and that those who take the risk to come forward are treated respectfully and fairly throughout.\u201d forward are treated respectfully and fairly throughout.\u201d UMass Lowell Chancellor Jacquie Moloney recently responded to the UMass Lowell Chancellor Jacquie Moloney recently responded to the petition. She reiterated that she\u2019s \u201cdeeply committed to fostering a working petition. She reiterated that she\u2019s \u201cdeeply committed to fostering a working and learning environment free of discrimination and harassment and take and learning environment free of discrimination and harassment and take very seriously any allegation of misconduct or abuse.\u201d very seriously any allegation of misconduct or abuse.\u201d Moloney said she could not share details about the case, but assured Moloney said she could not share details about the case, but assured petitioners that the university conducted a prompt and thorough petitioners that the university conducted a prompt and thorough investigation. investigation. Moloney also said a complaint against UMass Lowell, filed with the Moloney also said a complaint against UMass Lowell, filed with the Massachusetts Commission Against Discrimination, was dismissed last year Massachusetts Commission Against Discrimination, was dismissed last year after the parties reached a settlement. after the parties reached a settlement. \u201cHowever, this petition demonstrates that some members of our campus \u201cHowever, this petition demonstrates that some members of our campus community are either not aware of protective measures and systems we community are either not aware of protective measures and systems we have in place, or believe that new standards for resolution of allegations have in place, or believe that new standards for resolution of allegations should be adopted,\u201d Moloney said. \u201cWe are always open to further review to should be adopted,\u201d Moloney said. \u201cWe are always open to further review to ensure the best processes are in place and that the standards reflect the ensure the best processes are in place and that the standards reflect the values of our community.\u201d values of our community.\u201d As a result, the chancellor plans to establish a task force to study current As a result, the chancellor plans to establish a task force to study current sexual harassment policies, procedures and remedies, and make sexual harassment policies, procedures and remedies, and make recommendations to the Executive Cabinet. The task force has not been recommendations to the Executive Cabinet. The task force has not been formed yet, a university spokesperson said. formed yet, a university spokesperson said. Executive Cabinet members are Moloney; Julie Chen, vice chancellor for Executive Cabinet members are Moloney; Julie Chen, vice chancellor for research and innovation; John Feudo, vice chancellor for advancement; research and innovation; John Feudo, vice chancellor for advancement; Patricia McCafferty, vice chancellor of university relations; Larry Siegel, vice Patricia McCafferty, vice chancellor of university relations; Larry Siegel, vice chancellor for student affairs and university events; Joanne Yestramski, chancellor for student affairs and university events; Joanne Yestramski, senior vice chancellor for finance, operations and strategic planning; and senior vice chancellor for finance, operations and strategic planning; and Michael Vayda, provost and vice chancellor for academic affairs. Michael Vayda, provost and vice chancellor for academic affairs. Mignon Duffy, leading the faculty and staff small task force, responded to Mignon Duffy, leading the faculty and staff small task force, responded to Moloney\u2019s letter, saying petitioners are glad she will launch a university- Moloney\u2019s letter, saying petitioners are glad she will launch a university- wide group. She said the faculty and staff members will be the first to join. wide group. She said the faculty and staff members will be the first to join. However, she added, many in the campus community do not agree that However, she added, many in the campus community do not agree that UMass Lowell acted properly. UMass Lowell acted properly. 2/17/25, 3:33 UMass Lowell dean demoted, not fired, over harassment \u2013 Lowell Sun 4/6 \u201cThe university task force was announced nearly two years after UMass \u201cThe university task force was announced nearly two years after UMass Lowell uncovered that one of its tenured professors is a serial harasser, and Lowell uncovered that one of its tenured professors is a serial harasser, and only after the administration was contacted by the press,\u201d the staff member only after the administration was contacted by the press,\u201d the staff member making the accusations said in an email. \u201cThe fact remains that professor making the accusations said in an email. \u201cThe fact remains that professor Ibe has kept his job while the women he harassed have been displaced or Ibe has kept his job while the women he harassed have been displaced or left the University. Justice will not be done until there is meaningful policy left the University. Justice will not be done until there is meaningful policy change that ensures a safe environment for the entire community.\u201d change that ensures a safe environment for the entire community.\u201d The chancellor, through a spokesman, declined to be interviewed by The Sun The chancellor, through a spokesman, declined to be interviewed by The Sun In comparison, The Boston Globe published a story on April 14 about Boston In comparison, The Boston Globe published a story on April 14 about Boston University firing a tenured geology professor who was found to have University firing a tenured geology professor who was found to have violated the school\u2019s sexual harassment policies during expeditions to violated the school\u2019s sexual harassment policies during expeditions to Antarctica. Antarctica. The staff member, though her case against the university was dismissed, still The staff member, though her case against the university was dismissed, still has an open complaint against Ibe as an individual. The allegations has an open complaint against Ibe as an individual. The allegations are the same. That complaint could take years to resolve. She has a are the same. That complaint could take years to resolve. She has a mandated \u201cconciliation\u201d session with on May 9, according to her mandated \u201cconciliation\u201d session with on May 9, according to her attorney. attorney. The woman, who requested confidentiality, told The Sun that issues arose The woman, who requested confidentiality, told The Sun that issues arose during her job interview. She said Ibe asked personal questions that would during her job interview. She said Ibe asked personal questions that would ensure she was a \u201cgood fit.\u201d On her first day, she said, questions became ensure she was a \u201cgood fit.\u201d On her first day, she said, questions became even more personal, and sometimes sexual in nature. She requested, and even more personal, and sometimes sexual in nature. She requested, and was granted, a transfer across campus. was granted, a transfer across campus. \u201cIt made me so uncomfortable, and then escalated there from words to \u201cIt made me so uncomfortable, and then escalated there from words to physical touching,\u201d the woman told The Sun recently. She said Ibe, who is physical touching,\u201d the woman told The Sun recently. She said Ibe, who is married, would justify his actions based on African Ibo culture. married, would justify his actions based on African Ibo culture. Another employee also reported to the university that Ibe sexually harassed Another employee also reported to the university that Ibe sexually harassed her, according to redacted documents reviewed by The Sun. These women her, according to redacted documents reviewed by The Sun. These women have serious concerns that this professor, who is black, will harass other have serious concerns that this professor, who is black, will harass other women \u2014 especially black women like themselves. women \u2014 especially black women like themselves. \u201cHow many women does it take to be physically violated before the \u201cHow many women does it take to be physically violated before the institution will address this issue when it comes to tenured faculty?\u201d said the institution will address this issue when it comes to tenured faculty?\u201d said the woman, whose complaints about Ibe two years ago prompted the university woman, whose complaints about Ibe two years ago prompted the university investigation. investigation. 2/17/25, 3:33 UMass Lowell dean demoted, not fired, over harassment \u2013 Lowell Sun 5/6 2019 2019 \ue907 \ue907April April \ue907 \ue90720 20 Originally Published: Originally Published: April 20, 2019 at 12:00 April 20, 2019 at 12:00 hope we can force the university to have a difficult conversation about hope we can force the university to have a difficult conversation about this and change how they investigate sexual harassment and sexual this and change how they investigate sexual harassment and sexual misconduct,\u201d she added. misconduct,\u201d she added. The staff member said she endured months of alleged unwanted sexual The staff member said she endured months of alleged unwanted sexual advances and coercion, and that she asked her family for advice over an advances and coercion, and that she asked her family for advice over an Easter weekend. She returned to UMass Lowell in the hopes of finding other Easter weekend. She returned to UMass Lowell in the hopes of finding other black women who had worked with Ibe. black women who had worked with Ibe. She arranged a meeting with two black women who had worked with him, She arranged a meeting with two black women who had worked with him, and heard what she said are similar stories. She added that she was told and heard what she said are similar stories. She added that she was told another black employee abruptly stopped working for Ibe. another black employee abruptly stopped working for Ibe. In May 2017, the staff member and one of the women she met reported the In May 2017, the staff member and one of the women she met reported the alleged inappropriate sexual behavior to university officials. alleged inappropriate sexual behavior to university officials. As an alumnae of the UMass system, the staff member said working at As an alumnae of the UMass system, the staff member said working at UMass Lowell was a \u201cdream gig.\u201d This situation, however, quickly devolved UMass Lowell was a \u201cdream gig.\u201d This situation, however, quickly devolved into a nightmare, she emphasized. into a nightmare, she emphasized. The woman said she would become physically ill when driving to work, The woman said she would become physically ill when driving to work, knowing she would soon see Ibe. knowing she would soon see Ibe. She said she has had panic attacks. She said she has had panic attacks. \u201cI\u2019ve been diagnosed with PTSD. I\u2019ve gone to therapy,\u201d she said. \u201cThis doesn\u2019t \u201cI\u2019ve been diagnosed with PTSD. I\u2019ve gone to therapy,\u201d she said. \u201cThis doesn\u2019t go away.\u201d go away.\u201d 2/17/25, 3:33 UMass Lowell dean demoted, not fired, over harassment \u2013 Lowell Sun 6/6", "8236_102.pdf": "News Active professor accused of sexual harassment, administration fumbles response according to faculty, students April 26, 2019 Allegations against engineering professor Oliver Ibe were first made public in an article published in The Sun on Saturday, Apr. 20. (Courtesy of UMass Lowell) Connector Staff Report The UMass Lowell campus community was rocked by an article published in The Sun on Saturday, Apr. 20, that broke news of sexual harassment allegations levied at former Associate Dean of the College of 2/17/25, 3:34 Active professor accused of sexual harassment, administration fumbles response according to faculty, students | The Connector 1/3 Engineering, Oliver Ibe. This article detailed both the alleged incidents in question and the investigation by the university into the matter. While UMass Lowell found that Ibe did violate the university\u2019s policies against sexual harassment, discrimination and misconduct, Ibe was not fired. He was stripped of his associate dean title by Dean of the Francis College of Engineering Joseph Hartman and took a nearly $50,000 pay cut. Ibe was advised by Hartman in a letter that if he engaged in further behavior that violates university policy, he \u201cwill be met with discipline, up to and including the university\u2019s right to invoke termination and/or dismissal proceedings,\u201d as reported by The Sun. Hartman did not respond to two requests for comment from The Connector. The university acknowledged the case in a statement provided to The Connector, pointing to both the original 2017 case and the one filed with the Massachusetts Commission Against Discrimination in 2018 which resulted in a settlement between the claimant and the university. UMass Lowell stands by the decisions made in both cases, as said in the statement. The case itself is closed and \u201ccannot be re-adjudicated based on the same set of facts,\u201d according to the statement. It will, however, form a task force after commencement that will look into the university\u2019s current sexual harassment and discrimination policies. Joanne Yestramski, senior vice chancellor of finance, operations and strategic planning, is convening the task force. Students, faculty and staff may email her to either volunteer or nominate others; according to the statement, this interest is due by May 1. No members have been chosen as of yet, according to UMass Lowell\u2019s executive director of communications Jonathan Strunk. \u201cThe university will continue to assure members of our community that UMass Lowell is committed to an inclusive working and learning environment free of discrimination and harassment, and that any allegation of misconduct or abuse is taken seriously,\u201d the statement read. The statement continued by saying that UMass Lowell is open to reviewing its sexual harassment and sexual violence policies, and will engage in a \u201cconstructive campus dialogue,\u201d and any changes will lead to \u201can enhanced working environment.\u201d Chancellor Jacquie Moloney was not available for comment, according to university spokeswoman Christine Gillette, who offered The Connector several statements on behalf of the university. Patricia McCafferty, the vice chancellor of University Relations, declined to comment on and instead referred The Connector to the university\u2019s statement. UMass Lowell\u2019s handling of the case did not sit well with some students, faculty and alumni. Freshman biomedical engineering student Maria Kotob started a Change.org petition calling for Ibe\u2019s immediate dismissal from the university. An account on Instagram, @umlsilentprotest, is calling for a sit-in outside of Moloney\u2019s office on Wednesday, May 1, at 6 p.m. Mignon Duffy, chair of the sociology department and a leader on a separate and \u201cunofficial\u201d faculty and staff task force reviewing the alleged incidents, expressed disapproval with the university\u2019s decision. 2/17/25, 3:34 Active professor accused of sexual harassment, administration fumbles response according to faculty, students | The Connector 2/3 She said that she originally heard about the incidents from the claimant, and was disturbed about the twice-repeated violation of university harassment policy. Duffy said that in her opinion, the university did not handle the matter properly. According to Duffy, the faculty and staff\u2019s \u201cunofficial\u201d task force will be dedicated to evaluating the current sexual harassment policies at UMass Lowell and attempt to find ways to improve it by looking at how other institutions have handled similar incidents. She believes that faculty and staff need to be educated on sexual harassment rather than simply trained true educational effort would go far beyond that to help people understand the dynamics of power in harassment, have a meaningful conversation about accountability and process, think about how to best respond to targets when they report in ways that are not retraumatizing, et cetera,\u201d said Duffy. \u201cThat is \u2013 education is really focused on culture change rather than legal protection.\u201d Duffy told The Connector that she has volunteered to be on the university\u2019s official task force. Other faculty members also addressed their concerns with the allegations levied against Ibe. \u201cWhen you\u2019re the recipient of harassment in the workplace, you need to decide whether you will grin and bear it or forego working with the harasser,\u201d said Dr. Brenna Quinn, an assistant professor in the School of Nursing. Quinn, who is an alum and a current student of the university, first learned of the incident when two coworkers sent her the faculty petition to suspend and remove Ibe from campus. \u201cHearing about it made me both sad and angry for the victims, and the loss we all suffer when employees can\u2019t perform to their full potential due to such harassment,\u201d said Quinn. Edit previous version of this article stated that vice provost Michael Vayda was resigning in a move the paper learned about on Tuesday. After contact with the university, The Connector has learned that Vayda stepped down months ago, a fact which we were not aware of. We deeply apologize for the error, and offer those curious a link to the announcement. In another note, we have learned that the \u201copen forum\u201d regarding the vice provost positions are in actuality a small luncheon that will be attended by a select number of students for them to get to know the potential candidates. 2/17/25, 3:34 Active professor accused of sexual harassment, administration fumbles response according to faculty, students | The Connector 3/3", "8236_103.pdf": "About Contact Disclaimer Useful Links Legal News Criminal Defense & Civil Litigation 0 Comments \ud83d\udc68\u200d\ud83c\udf93 Former UMass Lowell Dean Ordered to Pay Over $500,000 for Sexual Harassment, Appeals Court Affirms Date: May 20, 2024 Author: justinmccarthy17 \uf075 2/17/25, 3:36 \ud83d\udc68\u200d\ud83c\udf93 Former UMass Lowell Dean Ordered to Pay Over $500,000 for Sexual Harassment, Appeals Court Affirms \u2013 Law Office of Justi\u2026 1/9 In 2017 Shontae Praileau became an academic advisor at the University of Massachusetts in Lowell. Her direct supervisor was the associate dean of undergraduate studies, Oliver Ibe. Praileau claims that Ibe made unwanted comments and advances towards her that amounted to sexual harassment. In particular, she alleges that Ibe took her out to lunch on her first day at the university. During lunch Ibe supposedly asked Praileau about her sexual orientation and dating preferences. She claims that Ibe referred to her first day on the job as their \u201canniversary\u201d and frequently called Praileau his \u201cgirlfriend.\u201d Praileau also asserts that Ibe engaged in unwanted hugging, touching, and kissing (on the forehead), while they worked together. Moreover, Ibe allegedly reminded Praileau that she was on employment probation and that he could \u201cerase\u201d her (i.e., fire her) at any time. Praileau reported Ibe\u2019s behavior to the University\u2019s office of equal opportunity and outreach (EOO). That office investigated the matter and sent a notice to Ibe advising him that his conduct violated school guidelines. Additionally relocated Praileau to another building at the university to distance her from Ibe. In June 2019, Praileau filed a lawsuit against Ibe in Bristol County Superior Court. Her complaint alleged that Ibe\u2019s conduct created a hostile work environment and constituted sexual harassment. The matter was settled at a bench trial three years later (June 2022). Ibe represented himself at trial and lost big. The superior court judge ruled in favor of Praileau and awarded her $250,000 in compensatory damages, $100,000 in punitive damages, and a staggering $114,000 in attorney\u2019s fees. When prejudgment interest was added, the total amount came to $554,092. 2/17/25, 3:36 \ud83d\udc68\u200d\ud83c\udf93 Former UMass Lowell Dean Ordered to Pay Over $500,000 for Sexual Harassment, Appeals Court Affirms \u2013 Law Office of Justi\u2026 2/9 Ibe appealed the judgment arguing, in part, that prejudicial hearsay was admitted at trial and that improper questions were asked by Praileau\u2019s lawyer during cross-examination. First, Ibe contends that the trial judge erred when she allowed Praileau\u2019s attorney to submit EOO\u2019s letters into evidence. These were the letters informing Ibe that his behavior violated the university\u2019s rules of conduct. Ibe argued that these letters contained inadmissible hearsay evidence because no one from testified at trial. Next, Ibe claims that the trial judge erred by allowing Praileau\u2019s lawyer to question Ibe on cross examination about his alleged sexual misconduct while employed at George Tech. The questions were, according to Ibe, irrelevant and \u201cdevastatingly prejudicial.\u201d The Appeals Court rejected Ibe\u2019s arguments because he failed to object to either point at trial. The fact that Ibe represented himself made no difference to the appeals justices: [N]one of the issues Ibe raises on appeal were preserved by a proper objection at trial. (Ibe either did not object or did so on grounds different from those he presses on appeal.) Accordingly, the issues are waived, and we need not address them. (Citations and quotations omitted.) \u201c 2/17/25, 3:36 \ud83d\udc68\u200d\ud83c\udf93 Former UMass Lowell Dean Ordered to Pay Over $500,000 for Sexual Harassment, Appeals Court Affirms \u2013 Law Office of Justi\u2026 3/9 The justices also concluded that the $114,000 legal bill submitted by Praileau\u2019s attorney was reasonable. That lawyer charged, according to the justices, $500 per hour. The full text of the opinion is attached below. Nor are we persuaded that we should excuse the absence of proper objections on the ground that Ibe representated himself at trial. It is well settled that pro se litigants are held to the same standards as practicing attorneys. \u201c 2/17/25, 3:36 \ud83d\udc68\u200d\ud83c\udf93 Former UMass Lowell Dean Ordered to Pay Over $500,000 for Sexual Harassment, Appeals Court Affirms \u2013 Law Office of Justi\u2026 4/9 1 2 22p1171.pdf 1 / 12 36% 22p1171 Download Published by justinmccarthy17 View all posts by justinmccarthy17 2/17/25, 3:36 \ud83d\udc68\u200d\ud83c\udf93 Former UMass Lowell Dean Ordered to Pay Over $500,000 for Sexual Harassment, Appeals Court Affirms \u2013 Law Office of Justi\u2026 5/9 \ud83d\udd28 Former West Springfield Homebuilder Pleads Guilty to Fraud \u2192 \ud83d\udcb0 Middleborough Man Allegedly Conspired to Murder Federal Witness and Prosecutors Before Trial 2/17/25, 3:36 \ud83d\udc68\u200d\ud83c\udf93 Former UMass Lowell Dean Ordered to Pay Over $500,000 for Sexual Harassment, Appeals Court Affirms \u2013 Law Office of Justi\u2026 6/9 310 North Main Street East Longmeadow 01028 Call or Text: 413-486-0273 [email protected] Monday - Friday 9am to 5pm Crime (63) Famous Wills (24) Latin (7) Law School (25) Legal History (71) Legal News (222) Mass. Bills (20) Mass. Laws (391) Opinion (162) Recent Cases (181) \uf07b \uf07b \uf07b \uf07b \uf07b \uf07b \uf07b \uf07b \uf07b \uf07b 2/17/25, 3:36 \ud83d\udc68\u200d\ud83c\udf93 Former UMass Lowell Dean Ordered to Pay Over $500,000 for Sexual Harassment, Appeals Court Affirms \u2013 Law Office of Justi\u2026 7/9 2/17/25, 3:36 \ud83d\udc68\u200d\ud83c\udf93 Former UMass Lowell Dean Ordered to Pay Over $500,000 for Sexual Harassment, Appeals Court Affirms \u2013 Law Office of Justi\u2026 8/9 \u00a9 2025 \u00a9 2025 WORDPRESS.COM. \uf062 \uf062 2/17/25, 3:36 \ud83d\udc68\u200d\ud83c\udf93 Former UMass Lowell Dean Ordered to Pay Over $500,000 for Sexual Harassment, Appeals Court Affirms \u2013 Law Office of Justi\u2026 9/9", "8236_104.pdf": "\u201cAt UMass Lowell, the Time is Now: The Realities of Sexual Harassment and Speaking Truth \u201c Christa Hodapp \u00b7 Follow 6 min read \u00b7 May 1, 2019 4 By: Dr. Christa Hodapp Sometimes silence tells a story. For two years, B., a staff member at the University of Massachusetts Lowell, attempted to get her experiences of sexual harassment and violation at the university publicized. She came to me after several faculty members formed a small task force to address these issues, asking me, a faculty member at UMass Lowell, to help her write her story. During our conversations, she surmised that perhaps she needed to be at an Ivy League university, or perhaps be a different race, or perhaps have a different sort of job to be noticed. She contacted a firm affiliated with the Time\u2019s Up movement that reached out to multiple local news outlets but the story never made it far before being dropped or discarded. This piece is an attempt to allow B. to tell her own story in her own words. Open in app Sign up Sign in Search Write 2/17/25, 3:36 \u201cAt UMass Lowell, the Time is Now: The Realities of Sexual Harassment and Speaking Truth \u201c | by Christa Hodapp | Medium 1/9 Maybe we do care less when it happens in Lowell not Boston, to a staff member as opposed to faculty or students, and to a woman of color. According to the National Women\u2019s Law Center, black women file sexual harassment charges to the U.S. Equal Employment Opportunity Center at three times the rate of non-Hispanic white women.[1] In spite of these facts, our assumptions and interventions often fail to reflect these truths. In general, B. is not the sort of survivor that stereotypes suggest. She\u2019s tough, bold, and confident. She seems too strong and no nonsense to be anyone\u2019s target. However, according to her accounts, it was precisely her race and confidence that made her so appealing to Dr. Oliver Ibe as the subject of his harassment. B. started working for UMass Lowell in the Francis College of Engineering in the spring of 2017, with Dr. Oliver Ibe as her direct supervisor. Ibe, a professor in the Francis College of Engineering and the Associate Dean of the college at the time, is a 71-year-old husband and father of four, and grew up in Nigeria as a member of the Ibo ethnic group in the southeastern region of the country. As the highest-ranking black individual at the university during that time, Ibe had significant power and an outstanding professional reputation. That\u2019s why when he asked B. to lunch the first day, she was flattered that a dean would take such an interest in her as a new employee. However, the purpose of the lunch became clear very quickly, establishing a pattern of harassment that would persist for many months afterwards. B. was repeatedly interrogated about her sexual orientation, racial preferences in dating, religion, and her own racial identity. Ibe informed her that he was going to teach her about her African roots, and how to be an African woman. He enjoyed the fact that B. was a \u201cfeisty\u201d woman, because, he claimed, black women\u2019s strength reflects their true inner African identity. 2/17/25, 3:36 \u201cAt UMass Lowell, the Time is Now: The Realities of Sexual Harassment and Speaking Truth \u201c | by Christa Hodapp | Medium 2/9 For Ibe, this was not passing remarks in the hall or \u201cbanter\u201d \u2014 this was a one-sided courtship, and her rebuffs and refusals were read as part of the game. If B. walked to her car without him, he would chastise her, telling her that gentlemen walk women to cars, especially their girlfriends. At one point, Ibe decided that B. was in fact his girlfriend, and wrote the date on the white board to commemorate his decision about their alleged \u201crelationship.\u201d Repeatedly, Ibe cornered B., placed his hands upon her without consent, and kissed her forehead and hugged her in spite of her protests. He told her he loved her, and that he was going to put a baby inside her. Although he is married, Ibe insisted that his culture allowed for him to have multiple women as partners as long as he could provide for all of them. At this point, B. felt trapped. She needed this job, so the stakes were high \u2014 she supports both immediate and extended family members and her income is essential. Ibe knew this and also knew how vulnerable she was, often reminding her that during the first 90 days of employment he could let her go for any reason. Her life became a complicated network of managing her trauma and stress, while also managing a wide range of avoidance strategies to keep her contact with Ibe to a minimum and as public as possible. Nonetheless, the harassment persisted even when other staff members witnessed Ibe\u2019s behavior. During Easter weekend of that year, B. finally decided to tell her family members what was happening to her, after some of them noted that she seemed stressed, out of sorts, and not herself. With their encouragement, B. started to speak out, and speak with other women of color who worked with Ibe. During a luncheon with some of these women, several women, many of whom began finishing each other\u2019s sentences and stories, shared stories about Ibe\u2019s harassment and inappropriate behavior. 2/17/25, 3:36 \u201cAt UMass Lowell, the Time is Now: The Realities of Sexual Harassment and Speaking Truth \u201c | by Christa Hodapp | Medium 3/9 According to B., finding out she was not alone was a complex experience. In some ways, it put an end to some of her isolation and allowed her to share in some empathy. However, she was also struck by the fact that no one warned her about him, that she was left with a \u201cwolf\u201d with no precautions or protection. While B. understands the complexities of reporting and experiencing sexual and gendered violence, she committed herself to doing everything she could to prevent him from harming and harassing others the way he hurt her. When speaking with B., there is a sense of moral imperative and community commitment in her narrative. She frequently refers to her sense of justice and the necessity of truth telling, but her goal is clearly not vengeful \u2014 she\u2019s doing this for other women, especially for women of color. She talks a lot about how powerful black women that she has seen speak \u2014 including Tarana Burke and Oprah Winfrey \u2014 inspire her to keep going, and how her family is what keeps her moving forward. At one moment, she told me draw on the strengths of my ancestors in America and their beliefs \u2014 if they could live through what they did, then can go on a little longer.\u201d B. persisted, and ended up filing a grievance with the university along with another complainant. While the university did find Ibe violated the university\u2019s sexual violence, sexual discrimination and other sexual misconduct guidelines, it did not find he violated the university\u2019s guidelines on non-discrimination. B.\u2019s moral compass and commitment to justice contrasts notably with the outcome of the university\u2019s investigation and resulting sanctions. It is imperative to note that Ibe was found responsible in two separate complaints from two separate women \u2014 B. is not the only woman to register a sexual harassment complaint against Ibe. Ibe had his title of dean removed by Joseph Hartman, dean of the Francis College of Engineering, who wrote, 2/17/25, 3:36 \u201cAt UMass Lowell, the Time is Now: The Realities of Sexual Harassment and Speaking Truth \u201c | by Christa Hodapp | Medium 4/9 \u201cThe University further directs you that you are not to engage in any further conduct that is in conflict with the university\u2019s sexual harassment, sexual discrimination and other sexual misconduct guidelines and other equal opportunity guidelines\u2026 Please be advised that future breaches of this kind will be met with discipline, up to and including the university\u2019s right to invoke termination and/or dismissal proceedings\u2026\u201d Following this recommendation, Hartman told B. she must feel \u201cvindicated.\u201d Nonetheless, Ibe continues his research and teaching, and has been nominated and won awards since this decision. In 2018, Ibe was named a fellow for the National Academy of Inventors, and Hartman nominated him for this award. Hartman is currently a candidate for the position of provost at UMass Lowell. While the university claims that it followed procedure appropriately, it is well known that following the minimum of policy and procedures does not guarantee an ethically appropriate resolution. After seeking media attention for her story, B.\u2019s experiences with Ibe were currently featured in two articles for the Lowell Sun.[2] Student outcry reflects the ethical failings of the situation, with a petition calling for Ibe\u2019s suspension until further hearing. One theme running throughout the student reactions is the shock of allowing someone like this to teach students who have no idea about his past behaviors. Much like B., the initial reaction is dismay over the fact that the university would leave students in the presence of an alleged \u201cwolf\u201d with no warning or protection. However, B. continues to watch and warn, even if her vigilance exhausts her. She told me that she will not leave this university before he does, and she will do whatever she can to protect others, especially students. And so the story moves forward, with the familiar figure of a woman who has been wronged and traumatized fighting to continue her emotional labor of 2/17/25, 3:36 \u201cAt UMass Lowell, the Time is Now: The Realities of Sexual Harassment and Speaking Truth \u201c | by Christa Hodapp | Medium 5/9 enacting justice and seeking protection for others. Now that the story is coming to light, we can hope that this labor will no longer be only her own. [1] \u201cBlack Women Disproportionately Experience Workplace Sexual Harassment, New Report Reveals.\u201d releases/black-women-disproportionately-experience-workplace-sexual- harassment-new-nwlc-report-reveals/ (Last edited 8/2/18) [2] \u201cUMass Lowell dean demoted, not fired, over harassment.\u201d Rick Sobey, 4/20/19, lowell-dean-demoted-not-fired-over-harassment \u201cStudents join calls for professor\u2019s removal.\u201d Aaron Curtis, 4/22/19, professors-removal Written by Christa Hodapp 1 Follower \u00b7 1 Following Follow No responses yet Sexual Assault Sexual Harassment Metoo University Strong Women 2/17/25, 3:36 \u201cAt UMass Lowell, the Time is Now: The Realities of Sexual Harassment and Speaking Truth \u201c | by Christa Hodapp | Medium 6/9 Recommended from Medium Lists What are your thoughts? Respond Jeff Bezos Says the 1-Hour Rule Makes Him Smarter. New\u2026 Jeff Bezos\u2019s morning routine has long included the one-hour rule. New\u2026 Oct 30, 2024 How to Read Someone\u2019s Personality in 10 Seconds (Backe\u2026 The Subtle Signs That Reveal Who Someone Really Is. Jan 27 Jessica Stillman 23K 629 Singh Bhai 6.1K 137 2/17/25, 3:36 \u201cAt UMass Lowell, the Time is Now: The Realities of Sexual Harassment and Speaking Truth \u201c | by Christa Hodapp | Medium 7/9 data science and 40 stories \u00b7 333 saves Staff picks 812 stories \u00b7 1622 saves How to *really* know you\u2019re in love Because most of \u201cthe signs\u201d they tell you are garbage Aug 3, 2017 In by Strongly Ambivalent About Love Love means never having to say you\u2019re certain 5d ago Kris Gage 152K 1171 Human Parts Vivian McInerny 1.1K 21 2/17/25, 3:36 \u201cAt UMass Lowell, the Time is Now: The Realities of Sexual Harassment and Speaking Truth \u201c | by Christa Hodapp | Medium 8/9 See more recommendations In by If You\u2019re Planning to Leave Trump\u2019s America, Don\u2019t Come To Europe Reality looks different on the other side of the Atlantic Dec 9, 2024 40 Life Lessons Know at 40 (That Wish Knew at 20) Today is my 40th birthday. Sep 23, 2024 Fourth Wave Mona Lazar 18.1K 611 Mark Manson 37K 828 2/17/25, 3:36 \u201cAt UMass Lowell, the Time is Now: The Realities of Sexual Harassment and Speaking Truth \u201c | by Christa Hodapp | Medium 9/9", "8236_105.pdf": "News Students respond to UMass Lowell\u2019s handling of alleged sexual harassment against professor May 1, 2019 2/17/25, 3:36 Students respond to UMass Lowell\u2019s handling of alleged sexual harassment against professor | The Connector 1/5 printout of the Lowell Sun\u2019s article about UMass Lowell\u2019s handling of allegations against Professor Ibe was present in Mahoney Hall with students\u2019 reactions written on it. (Photo courtesy UMass Lowell Connector) Connector Staff Report had read in the Lowell Sun that a group of faculty had started a similar petition to get [Ibe] fired, and since it didn\u2019t catch much traction thought it was time to get the students involved,\u201d said Maria Kotob, a freshman biomedical engineering major. On Saturday, April 20, the Lowell Sun published an article detailing sexual misconduct allegations against former Associate Dean Oliver Ibe and how UMass Lowell demoted, but did not fire, the electrical and computer engineering professor after the allegations were brought to their attention. 2/17/25, 3:36 Students respond to UMass Lowell\u2019s handling of alleged sexual harassment against professor | The Connector 2/5 Hours after the story broke, Kotob started a Change.org petition, calling for Ibe\u2019s suspension pending an investigation and for the university to crack down on sexual violence. As of Wednesday, May 1, the petition has amassed over 1,300 signatures. Kotob mentioned that Andrew Finerty, a sophomore criminal justice major who started the petition earlier this school year to change the dining hall, helped her to create the Change.org petition. \u201cThis sets a precedent that sexual harassment or assault only results in the equivalent of a write up. Absolutely disgusting,\u201d Finerty said. When asked if he believes if the university will commit to change the way it did after he created his petition, Finerty said don\u2019t think they will. They clearly do not care about the safety or well-being of their female faculty or student body, and only care about their own image.\u201d Justin St. Louis, the President of UMass Lowell\u2019s College Republicans club said think that it\u2019s a little bit disturbing that it seems like this occurred two years ago and we\u2019re only hearing about it now.\u201d St. Louis also said, \u201cI\u2019m not sure if [those in charge] realize the reaction of the university. I\u2019m sure that they are certainly listening, and whether or not it influences the conversation remains to be seen.\u201d St. Louis expressed that Ibe should have been placed on leave during the course of the investigation. Julie Lawton, the President of College Democrats, could not be reached after multiple requests for comment. Disappointment with how the university handled the situation was reiterated by other students as well. Winter Drake, a junior business major, said think the school\u2019s decision to not fire [Ibe] over being caught for sexual harassment is totally deplorable, but not unexpected. This school doesn\u2019t care about students, women, or anything other than making tuition dollars.\u201d This disappointment was echoed by E-board members of the Student Government Association in their statements and during interviews wholeheartedly condemn Professor Ibe and call on him to tender his resignation immediately. We cannot tolerate acts of sexual harassment on this campus by students and faculty alike,\u201d wrote Ryan Callahan, the student trustee-elect in a statement to the Connector. Despite his feelings on the case, Callahan elaborated in his statement that UMass Lowell has done everything they can legally do and has followed the guidelines in place down to the wire. The guidelines did not call for the termination of the professor. Callahan points to this as a flaw in tenured system think he should have been fired, and think there should be a zero-tolerance policy,\u201d said Andre DiFilippo, the current President. \u201cHowever have to approach it from the standpoint where the university did follow the current guidelines, so where basically come at it is the current guidelines warranted the decision [the university] made, but that is why also support this new task force being set up, because also believe that the current guidelines were not strict enough and need to be more severe.\u201d Both Callahan and DiFilippo are correct. Under the Fifth Amendment Double Jeopardy Clause, UMass Lowell cannot legally reopen this case or fire Professor Ibe for these charges unless new evidence is brought to light. 2/17/25, 3:36 Students respond to UMass Lowell\u2019s handling of alleged sexual harassment against professor | The Connector 3/5 do think that the whole situation\u2013and this is where the value from students and professors speaking up comes from\u2013is bringing to light that these policies should reflect a zero-tolerance policy to prevent situations like this from happening again,\u201d said DiFilippo. DiFilippo hopes that the task force Chancellor Moloney has announced will facilitate these changes in guidelines that will push the school towards a zero-tolerance policy that, should something like this ever happen again, somebody like Professor Ibe would be fired despite their standing at the school. DiFilippo was concerned that students would not be a part of this process, but is glad that Chancellor Moloney\u2019s plans include student representatives on the task force. As the task force begins to take form and make the changes to these policies, Hannah Casey, the Vice President-elect, promised in a statement to the Connector that she and the President-elect will continue to work alongside Callahan to improve on campus safety and help provide resources for students affected by these issues. Emily Parsons, a sophomore English major, has had her own dealings with the university in regards to the handling of allegations of sexual misconduct. She referenced a follow-up Lowell Sun article on Ibe that included a statement from the university, which said the school will \u201ccontinue to assure members of our community that UMass Lowell is committed to an inclusive working and learning environment free of discrimination and harassment, and that any allegation of misconduct or abuse is taken seriously.\u201d In response to that, Parsons said, \u201cThat\u2019s the kind of [expletive got, too, regarding my case. \u2018We make sure that all students are safe.\u2019 No, you don\u2019t.\u201d According to Parsons, she was raped by a UMass Lowell student and came forward several months later with her story. At the time of reporting her rape, Parsons was living in Concordia while her assailant lived in Sheehy, right under the same roof. Parsons says she went to the residence director of the building, and the director helped her get in contact with the UMass Lowell conduct office. The university opened an investigation into Parsons\u2019 claim, and the student in question was moved to Fox Hall during that time period, but the end result was that no action would be taken and that the student was moved back into Sheehy. Parsons filed an appeal, citing procedural errors, and said, \u201cThey show you the other person\u2019s testimony, and noticed that there were a lot of things, too, on my testimony, that they left out.\u201d She also said that, from viewing the other student\u2019s testimony, he was asked no follow-up questions about statements he made, which the conduct office, in a letter turning down Parsons\u2019 appeal request, argued was not a procedural error. According to the letter Parsons received from the conduct office, another reason her appeal was turned down was because, \u201cThe definition [of consent] given states that affirmative decisions to engage in sexual activity must be given by clear actions or words. It was clear when reading the investigation notes [redacted] perceived Emily\u2019s actions to be affirmative when making a decision to engage in sexual intercourse.\u201d Parsons states that neither she nor her assailant said she verbally consented to sexual intercourse in either of their statements to the conduct office. 2/17/25, 3:36 Students respond to UMass Lowell\u2019s handling of alleged sexual harassment against professor | The Connector 4/5 The UMass Lowell website has a Sexual Violence Prevention and Education page, which includes definitions on terms related to sexual violence, including consent. The webpage states in its definition of consent that \u201cRelying solely upon nonverbal communication can lead to miscommunication. It is important not to make assumptions; if confusion or ambiguity on the issue of consent arises anytime during the sexual interaction, it is essential that each participant stops and clarifies, verbally, willingness to continue.\u201d The page also says, \u201cconsent to one form of sexual activity does not imply consent to other forms of sexual activity.\u201d The Connector reached out to The Office of Student Conduct and to Associate Dean of Compliance and Violence Prevention Annie Ciaraldi in regards to Parsons\u2019 letter and the information listed on the UMass Lowell website\u2019s sexual violence page. Both student conduct and Dean Ciaradli explained that federal law prohibits staff from commenting on any cases as they are confidential. Edit previous version of this article stated that Parsons\u2019 rape occurred while she lived in Concordia and her assailant lived in Sheehy. The article has been changed to reflect that Parsons made the report at that time and the event happened prior to her living in Concordia. The Connector apologizes for the error. 2/17/25, 3:36 Students respond to UMass Lowell\u2019s handling of alleged sexual harassment against professor | The Connector 5/5"} |
7,577 | Vernard Grice | St. Philip’s College | [
"7577_101.pdf"
] | {"7577_101.pdf": "Cited By (0) \uf09e (/feed/search/?type=o&q=cites%3A(3118307)) This case has not yet been cited in our system. Authorities (10) This opinion cites: AutoZone, Inc. v. Reyes, 104 Fair Empl. Prac. Cas. (BNA) \u2026 (/opinion/895070/autozone-inc-v-reyes/?) (6 times) Ford Motor Co. v. Ridgway, 135 S.W.3d 598 (Tex. 2004) (/opinion/894501/ford-motor-co-v-ridgway/?) (4 times) Ysleta Independent School District v. Monarrez, 96 Fair Empl. Prac. \u2026 (/opinion/1790334/ysleta-independent-school-district-v-monarrez/?) (4 times) Reeves v. Sanderson Plumbing Products, Inc., 530 U.S. 133 (/opinion/1087667/reeves-v-sanderson-plumbing-products-inc/?) (3 times) Provident Life & Accident Insurance Co. v. Knott, 128 S.W.3d \u2026 (/opinion/2003292/provident-life-accident-insurance-co-v-knott/?) (3 times) View All Authorities (/opinion/3118307/vernard-grice-v-alamo-community-college-district-a/authorities/) Related Case Law Grice v. Baltimore County, Maryland (/opinion/1030857/grice-v-baltimore-county-maryland/) Grice, Regis v. Tapio, Nathan (/opinion/10254358/grice-regis-v-tapio-nathan/) Grice, Regis v. Tapio, Nathan (/opinion/10254257/grice-regis-v-tapio-nathan/) Grice v. McVeigh (/opinion/4430392/grice-v-mcveigh/) Grice v Technologies Inc. (/opinion/48057/grice-v-fmc-technologies-inc/) Search Full List (/?q=related:3118307&stat_Published=on) Share \uf003 (mailto:? subject=Vernard%20Grice%20v.%20Alamo%20Community%20College%20District%20%28ACCD%29%20at%20CourtListener.com&body= grice-v-alamo-community-college-district-a/) \uf082 ( a/&t=Vernard Grice v. Alamo Community College District (ACCD) at CourtListener.com) \uf081 ( community-college-district-a/) \uf0a2 Get Citation Alerts (/?show_alert_modal=yes&q=cites%3A(3118307)) Vernard Grice v. Alamo Community College District (ACCD), 04-12-00524 (Tex. App. 2013) Court of Appeals of Texas Filed: April 24th, 2013 Precedential Status: Precedential Citations: None known Docket Number: 04-12-00524 Download Original 2/17/25, 3:37 Vernard Grice v. Alamo Community College District (ACCD) \u2013 CourtListener.com 1/9 Fourth Court of Appeals San Antonio, Texas No. 04-12-00524 Vernard GRICE, Appellant v DISTRICT, Appellee From the 407th Judicial District Court, Bexar County, Texas Trial Court No. 2010-CI-17062 Honorable Barbara Hanson Nellermoe, Judge Presiding Opinion by: Luz Elena D. Chapa, Justice Sitting: Catherine Stone, Chief Justice Marialyn Barnard, Justice Luz Elena D. Chapa, Justice Delivered and Filed: April 24, 2013 Vernard Grice appeals the trial court\u2019s summary judgment in favor of Alamo Community College District (\u201cACCD\u201d) on his claims for unlawful sex and race discrimination. We affirm the judgment, holding Grice failed to present any evidence that he was treated less favorably than similarly situated females or non-African-Americans Grice is an African-American male who began work at in 1996 as a Continuing Education Specialist. By mid-2008, Grice was serving as both the Interim Director of 04-12-00524 Partnerships and Extended Services at St. Philip\u2019s College and as the Interim Dean of Workforce Development and Continuing Education. 1 In his position as the Interim Director, Grice\u2019s responsibilities included interviewing, hiring, and supervising staff. As Interim Dean, Grice held an upper-level management position in which he supervised staff and was expected to provide direction and leadership. When Grice was hired, he received and signed ACCD\u2019s sexual harassment policy. That policy contained a broad definition of sexual harassment and further stated, \u201cEngaging in sexual conduct with students or other employees where there is a professional responsibility to the student or employee may lead to allegations of sexual harassment and is therefore discouraged.\u201d Grice received training on sexual harassment and ACCD\u2019s policies in 2002, 2007, and in February 2008. Dr. Adena Williams Loston, who became President of St. Philip\u2019s College in 2007, testified she made it clear to the staff from the time she started that she believed intimate relationships with students or other employees were inappropriate. In September 2008, Grice\u2019s department was looking for an offsite evening monitor to work at several offsite locations. Grice asked the secretary to contact the temporary agency to find someone to work part-time temporarily until the position could be advertised and filled permanently. The temporary agency sent Ms. Cooper. During Ms. Cooper\u2019s first three months of work, she reported directly to Grice because the position of her direct supervisor was not filled. Within a month of Ms. Cooper starting work, Grice\u2019s relationship with her became personal and physical. Grice maintains the relationship was always consensual and there was never any express or implied coercion. They saw each other outside of work regularly until sometime in January 2009, and then less frequently until mid-April 2009. During this time, 2/17/25, 3:37 Vernard Grice v. Alamo Community College District (ACCD) \u2013 CourtListener.com 2/9 1 Grice became the permanent Director of Partnerships and Extended Services in June 2009, and remained Interim Dean until a permanent Dean was hired in August 2009. -2- 04-12-00524 Grice and Ms. Cooper exchanged numerous text messages, including at least one sexually explicit picture sent by Grice. Grice also admitted that at times third parties were involved in their sexual activities. Grice testified he gave Ms. Cooper money to repair her car, pay her cell phone and electric bills, and pay for gas. He paid her $100 to clean his house, and in April 2009, he gave her $200 to take her grandchildren to Fiesta. Although some outside parties were aware of the relationship, no one at was aware of it. By January 2009, the position of Ms. Cooper\u2019s direct supervisor had been filled. Nevertheless, she remained under Grice\u2019s supervision, two or three levels below him in the chain of authority. In March 2009, Ms. Cooper was hired as a permanent part-time employee. Grice testified he was not directly involved in the hiring decision. In February 2009 posted proposed new personnel policies for employee review and comment. The revised sexual harassment policy, D.4.5, contained minor changes in the definition of \u201csexual harassment,\u201d but remained essentially unchanged from the previous policy. However, the language \u201cdiscouraging\u201d consensual relationships was removed from the sexual harassment policy and was replaced by a separate, new policy entitled \u201cConsensual Relationships.\u201d The new policy, D.4.12, expressly prohibited romantic or sexual relationships between employees and their subordinates or students \u201cwhether or not they result in sexual harassment.\u201d In April 2009, Dr. Loston told her staff at one of her weekly meetings that if any of them were engaged in such a relationship, it needed to stop before the policy went into effect. Grice testified he ended the relationship with Ms. Cooper because of Dr. Loston\u2019s warning. The new policies went into effect April 28, 2009. Ms. Cooper filed a sexual harassment complaint against Grice in September 2009. The complaint alleged that while she was working through the temporary service, Grice, her supervisor, started calling her frequently and asking her out. She alleged he would become -3- 04-12-00524 angry if she declined. She stated Grice repeatedly told her he could get her hired as a permanent employee, but it would take time. She complained that Grice stalked her at nightclubs, made inappropriate sexual comments to her, sent sexually explicit text messages, called her at inappropriate hours, and at times sent her money for no apparent reason. Ms. Cooper stated Grice implied that she owed her job to him and required that she go to his house to get her timesheets signed. On one occasion, when she arrived at Grice\u2019s house, there was a naked woman in the house. Ms. Cooper alleged that Grice required her to watch them have oral sex assigned Ms. Cooper\u2019s complaint to a committee for investigation. The committee consisted of Rebecca Duran, a senior human resources generalist, and a male employee from a different campus. The committee interviewed Ms. Cooper, Grice, and witnesses they designated, and reviewed all materials they provided. Ms. Duran testified the committee did not interview anyone other than Ms. Cooper and Mr. Grice who was aware of the relationship. Thus the only corroboration of any of the details in the complaint came from Grice himself. Ms. Duran testified that Grice maintained the relationship was entirely consensual. He corroborated some of Ms. Cooper\u2019s factual allegations, but asserted she was a full and willing 2/17/25, 3:37 Vernard Grice v. Alamo Community College District (ACCD) \u2013 CourtListener.com 3/9 participant. Ms. Cooper contended the relationship was not consensual, and that Grice essentially forced himself on her. The committee concluded that Grice had committed sexual harassment. The committee\u2019s report contained the following conclusions and recommendations: The committee considered Mr. Grice\u2019s claim that Ms. Cooper voluntarily participated in an intimate relationship with him. It was also considered that Ms. Cooper gained financially from this relationship and that she visited Mr. Grice\u2019s home even after he engaged in objectionable conduct. Nevertheless, Mr. Grice, in the Interim dean position, was in a position which could, or at minimum perceived to implicitly, influence Ms. Cooper\u2019s employment conditions. The positional power was highly skewed towards Mr. Grice and makes the voluntary nature of such a relationship questionable. As such, the committee determines that Mr. Grice exercised poor judgment in entering into an intimate relationship -4- 04-12-00524 with a subordinate and that a portion of Ms. Cooper\u2019s complaints of harassment against Mr. Grice have been substantiated. For this reason, the committee views that Mr. Grice\u2019s behaviors, most notably (but not limited to) engaging in an intimate relationship with a subordinate and sharing sexually explicit texts, has been sufficiently severe to violate Alamo Colleges policy prohibiting sexual harassment. Given the seriousness of the behavior(s), Mr. Grice\u2019s level of authority and Mr. Grice\u2019s documented awareness of the policies which prohibit such behavior, the committee recommends that Mr. Grice is separated from employment with the Alamo Colleges. The report and recommendation were forwarded to Ruth Dalrymple, St. Philip\u2019s College\u2019s Vice President of Academic Affairs, who accepted the recommendation, and Dr. Loston approved terminating Grice\u2019s employment. On October 22, 2009, Grice received a letter notifying him that his employment was terminated because he had violated sexual harassment policies D.4.5 and D.4.5.1. Grice sued under the Texas Commission on Human Rights Act, alleging he was fired because of his race and gender. See ANN. \u00a7 21.051 et seq. (West 2006). He pled the reason given for his firing\u2014that he violated Sexual Harassment policies D.4.5 and D.4.5.1\u2014was false and pretextual because those policies did not come into effect until April 28, 2009, after his relationship ended. Finally, Grice alleged the female employee was not fired and alleged at least one non-African-American male against whom a claim of sexual harassment was corroborated had not been fired. After the close of discovery filed a hybrid motion for summary judgment, asserting there was no evidence Grice was treated less favorably than similarly situated employees outside his class had a legitimate, non-discriminatory reason for firing Grice, and Grice had no evidence that ACCD\u2019s rationale was a pretext for discrimination. The trial court granted ACCD\u2019s motion without stating its reasons and rendered a take-nothing judgment. -5- 04-12-00524 We review a summary judgment de novo. Provident Life & Acc. Ins. v. Knott, 128 S.W.3d 211 (/opinion/2003292/provident-life-and-acc-ins-co-v-knott/) , 215 (Tex. 2003). We take as true all evidence favorable to the nonmovant and indulge all reasonable inferences and resolve any doubts in the nonmovant\u2019s favor. 2/17/25, 3:37 Vernard Grice v. Alamo Community College District (ACCD) \u2013 CourtListener.com 4/9 Id. When the (/opinion/2003292/provident-life-and-acc-ins-co-v-knott/) trial court does not specify the grounds on which it granted summary judgment, we will affirm the judgment if any of the theories presented to the trial court and preserved for appellate review are meritorious. Id. at 216. (/opinion/2003292/provident-life-and-acc-ins-co-v-knott/) When the movant challenges the evidentiary support for an element of a claim under Texas Rule of Civil Procedure 166a(i), the burden is on the nonmovant to produce summary judgment evidence that raises a genuine issue of material fact on the challenged element. TEX. R. CIV. P. 166a(i); Ford Motor Co. v. Ridgway, 135 S.W.3d 598 (/opinion/894501/ford-motor-co-v-ridgway/) , 601 (Tex. 2004 genuine issue of material fact exists if more than a scintilla of evidence establishing the existence of the challenged element is produced.\u201d Id. at 600. (/opinion/894501/ford-motor-co-v-ridgway/) \u201c[M]ore than a scintilla of evidence exists if the evidence \u2018rises to a level that would enable reasonable and fair-minded people to differ in their conclusions.\u2019\u201d Id. at 601 (/opinion/894501/ford-motor-co-v-ridgway/) (quoting Merrell Dow Pharm., Inc. v. Havner, 953 S.W.2d 706 (/opinion/1518823/merrell-dow-pharmaceuticals-inc-v-havner/) , 711 (Tex. 1997)). \u201cOn the other hand, \u2018[w]hen the evidence offered to prove a vital fact is so weak as to do no more than create a mere surmise or suspicion of its existence, the evidence is no more than a scintilla and, in legal effect, is no evidence.\u2019\u201d Ford, 135 S.W.3d at 601 (/opinion/894501/ford-motor-co-v-ridgway/) (quoting Kindred v. Con/Chem, Inc., 650 S.W.2d 61 (/opinion/1502558/kindred-v-conchem-inc/) , 63 (Tex. 1983)). When summary judgment is sought under Rule 166a(c), the movant must establish that there is no genuine issue of material fact and he is entitled to judgment as a matter of law. TEX. R. CIV. P. 166a(c Peat Marwick v. Harrison Co. Hous. Fin. Corp., 988 S.W.2d 746 (/opinion/2424965/kpmg-peat-marwick-v-harrison-county-housing-finance-corp/) , 748 (Tex. 1999 matter is conclusively established if reasonable people could not differ as to -6- 04-12-00524 the conclusion to be drawn from the evidence. City of Keller v. Wilson, 168 S.W.3d 802 (/opinion/1987708/city-of-keller-v-wilson/) 2/17/25, 3:37 Vernard Grice v. Alamo Community College District (ACCD) \u2013 CourtListener.com 5/9 , 814 (Tex. 2005). Under the Texas Commission on Human Rights Act, an employer may not discriminate against an employee based on \u201crace, color, disability, religion, sex, national origin, or age ANN. \u00a7 21.051(1) (West 2006). The plaintiff has the burden to prove that a proscribed reason was a motivating factor in the employment decision. Id. \u00a7 21.125(a); AutoZone, Inc. v. Reyes, 272 S.W.3d 588 (/opinion/895070/autozone-inc-v-reyes/) , 592 (Tex. 2008). In the absence of direct evidence of discrimination, a plaintiff may establish a prima facie case for violation of the Act by showing he was (1) a member of the class protected by the Act, (2) qualified for his employment position, (3) terminated by the employer, and (4) treated less favorably than similarly situated members of the opposing class. AutoZone, 272 S.W.3d at 592 (/opinion/895070/autozone-inc-v-reyes/) ; see Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133 (/opinion/1087667/reeves-v-sanderson-plumbing-products-inc/) , 142 (2000). 2 Once a prima facie case is established, the burden shifts to the defendant to clearly articulate a legitimate, non-discriminatory reason for the adverse employment action. Reeves, 530 U.S. at 142 (/opinion/1087667/reeves-v-sanderson-plumbing-products-inc/) . In the context of summary judgment, the defendant must conclusively establish its legitimate, non-discriminatory reason for the employment action. M.D. Anderson Hosp. & Tumor Institute v. Willrich, 24 S.W.3d 22 , 24 (Tex. 2000) (per curiam). The burden then shifts back to the plaintiff to show that the reasons offered were a pretext for discrimination. Reeves, 530 U.S. at 143 (/opinion/1087667/reeves-v-sanderson-plumbing-products-inc/) ; Willrich, 24 S.W.3d at 24 . Pretext is shown with evidence \u201cthat the non- discriminatory reason given by the employer is false or not credible, and that the real reason for the employment action was unlawful discrimination.\u201d Elgaghil v. Tarrant County Junior College, 45 S.W.3d 133 (/opinion/1580461/elgaghil-v-tarrant-county-junior-college/) , 140 (Tex. App.\u2014Fort Worth 2000, pet. denied). 2 In adopting the Texas Commission on Human Rights Act, the Legislature \u201cintended to correlate state law with federal law in employment discrimination cases.\u201d Ysleta Indep. Sch. Dist. v. Monarrez, 177 S.W.3d 915 (/opinion/1790334/ysleta-independent-school-dist-v-monarrez/) , 917 (Tex. 2005). We may therefore look to federal law to interpret the Act. Id.; AutoZone, 272 S.W.3d at 592 (/opinion/895070/autozone-inc-v-reyes/) 2/17/25, 3:37 Vernard Grice v. Alamo Community College District (ACCD) \u2013 CourtListener.com 6/9 . -7- 04-12-00524 Grice first argues the trial court erred in granting summary judgment because he presented sufficient evidence to support a prima facie case of discrimination conceded for the limited purpose of the summary judgment proceeding that Grice could establish the first three elements of his prima facie case (member of a protected class; qualified for his position; and terminated by the employer). However, it moved for summary judgment on the ground that there was no evidence Grice was treated less favorably than similarly situated females or non- African-American employees. In this context, \u201c[e]mployees are similarly situated if their circumstances are comparable in all material respects, including similar standards, supervisors, and conduct.\u201d Ysleta Indep. Sch. Dist. v. Monarrez, 177 S.W.3d 915 (/opinion/1790334/ysleta-independent-school-dist-v-monarrez/) , 917\u201318 (Tex. 2005). To be evidence of discrimination based on disparate discipline, \u201cthe disciplined and undisciplined employees\u2019 misconduct must be of \u2018comparable seriousness.\u2019\u201d Auto Zone, 272 S.W.3d at 594 (/opinion/895070/autozone-inc-v-reyes/) (quoting Monarrez, 177 S.W.3d at 917 (/opinion/1790334/ysleta-independent-school-dist-v-monarrez/) ). \u201cThe situations and conduct of the employees in question must be \u2018nearly identical.\u2019\u201d Auto Zone, 272 S.W.3d at 594 (/opinion/895070/autozone-inc-v-reyes/) (quoting Monarrez, 177 S.W.3d at 917 (/opinion/1790334/ysleta-independent-school-dist-v-monarrez/) \u201318.) \u201cEmployees with different responsibilities, supervisors, capabilities, work rule violations, or disciplinary records are not considered to be \u2018nearly identical.\u2019\u201d Auto Zone, 272 S.W.3d at 594 (/opinion/895070/autozone-inc-v-reyes/) 2/17/25, 3:37 Vernard Grice v. Alamo Community College District (ACCD) \u2013 CourtListener.com 7/9 . Grice did not argue, either in his response to the motion for summary judgment or in his brief on appeal, that he was treated less favorably than similarly situated females. There is no summary judgment evidence concerning how any complaint of sexual harassment against a female employee of was handled. We therefore affirm the summary judgment in favor of on Grice\u2019s cause of action for gender discrimination. Grice bases his argument that he was treated less favorably than similarly situated non- African-American males on the case of one Hispanic former staff member who was not fired after a sexual harassment claim was substantiated and on incomplete information about an -8- 04-12-00524 adjunct faculty member who allegedly had an affair with a student. Grice relies primarily on the case of Larry Y., a Hispanic male, against whom a claim of sexual harassment complaint was filed in 2006. Larry Y. was a Recruiter Advisor at St. Philip\u2019s College and was found to have committed sexual harassment against a co-worker. He did not have any supervisory authority over the complainant, nor did he make any hiring, firing, or promotion decisions or exercise direct authority over any subordinates. The investigative committee recommended Larry Y. be disciplined, but not terminated. We agree with that Larry Y. was not situated similarly to Grice. Unlike Larry Y., Grice directly supervised the complainant he was found to have sexually harassed. Grice held an upper-level management position at the college and had responsibility for hiring and supervising subordinates. Larry Y. had no supervisory responsibilities. Moreover, as Interim Dean, Grice was expected to provide direction and leadership to other staff. These circumstances place Grice in a significantly different position than Larry Y. Grice also relies on an incident he believes occurred in April 2009. According to Grice, at a staff meeting in April 2009, Dr. Loston related that she had just dealt with an altercation on campus between a faculty member and a student\u2019s husband. Dr. Loston testified at her deposition she recalled \u201cdealing with\u201d a situation around April 2009 that she believes involved a part-time adjunct faculty member and a student. She did not recall the faculty member\u2019s name, race, or ethnicity, but believed he had been hired only for the semester and did not return the following semester. Ruth Dalrymple testified she recalled asking ACCD\u2019s human resources department to investigate after a spouse made an inquiry about his wife, who was a student, and an adjunct professor. Dalrymple did not remember the time frame or outcome. Human Resource Generalist Rebecca Duran testified she was part of a team assigned to investigate a claim of sexual harassment arising out of an adjunct professor\u2019s relationship with a student. The -9- 04-12-00524 adjunct was not African-American. The committee recommended the adjunct\u2019s contract not be renewed for the following semester. However, Duran testified she did not recall a situation in which a student\u2019s spouse came to campus angry because the student was involved with a faculty member. The incomplete information in the record about the adjunct professor Dr. Loston referred to in April 2009 does not support Grice\u2019s prima facie case. The record does not establish the adjunct\u2019s conduct or the findings of any investigation with any degree of certainty. Thus there is insufficient information to show the adjunct was similarly situated to Grice. Further, there is no 2/17/25, 3:37 Vernard Grice v. Alamo Community College District (ACCD) \u2013 CourtListener.com 8/9 evidence in the record that an adjunct professor found to have had a relationship with a student was allowed to remain employed at the college and therefore no evidence of more favorable treatment. Grice did not present evidence of any non-African-American males, other than Larry Y., who were found to have committed sexual harassment at and who kept their jobs. Moreover, the record contains evidence of two other non-African-Americans who lost their jobs with after being accused of sexual harassment. Clifton N. was a Hispanic St. Philip\u2019s College professor against whom a staff member filed a complaint of sexual harassment. During the investigation, but before it was completed, Clifton N. submitted his resignation and signed an agreement that he would not seek re-employment with ACCD. Juan M., a Hispanic faculty or staff member with no prior disciplinary history, was also accused of sexual harassment investigated the complaint and found Juan M. used the authority of his position to request sexual favors fired Juan M. 3 3 At oral argument, Grice asserted his case should not be compared to Juan M.\u2019s because he was on a different campus and the ultimate decision to terminate Juan M. was not made by Dr. Loston. Under this rationale, Larry Y. is also not a fair comparator because the sexual harassment complaint against Larry Y. occurred before Dr. Loston was employed by ACCD. - 10 - 04-12-00524 The record is devoid of evidence that has treated similarly situated non-African- American males more favorably than was Grice. We conclude Grice failed to produce evidence raising a genuine issue of material fact on one of the elements of his prima facie case of race discrimination plaintiff who fails to demonstrate the elements of a prima facie case \u201cnever gets the presumption of discrimination and never proves his claim.\u201d Mission Consol. Indep. Sch. Dist. v. Garcia, 372 S.W.3d 629 , 637 (Tex. 2012). The trial court therefore did not err in granting ACCD\u2019s motion for summary judgment, and we affirm the judgment of the trial court. 4 Luz Elena D. Chapa, Justice 4 Because of our disposition of this issue, we need not address whether established a legitimate, non- discriminatory reason for firing Grice or whether summary judgment was properly granted on the ground that Grice presented no evidence the reason was pretextual. - 11 - 2/17/25, 3:37 Vernard Grice v. Alamo Community College District (ACCD) \u2013 CourtListener.com 9/9"} |
8,515 | Nick Flor | University of New Mexico | [
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] | {"8515_101.pdf": "(Reason Professor Tried To End a Flirty Email Exchange With a Young Woman. Then She Threatened to Blackmail Him. When the grad student threatened to publicize their embarrassing correspondence, he reported her. But the university decided he was the villain | 12.10.2019 10:00 It began, unlike most epic love stories featuring two cosmically intertwined souls rediscovering their connection from some past life, in the printer room of the University of New Mexico's Anderson School of Management. It ended with a graduate student attempting to blackmail a professor into continuing their flirtatious banter, a sexual harassment investigation that treated the blackmailer as a victim, and, ultimately, a one-year unpaid suspension for the professor. The professor made serious mistakes. He shouldn't have let the conversation become romantic and sexual\u2014an exchange he actively participated in. He shouldn't have floated the possibility of hiring the student for a low-paid research position\u2014an opportunity she initially expressed interest in taking, then turned down, and then used against him when he rebuffed her, according to documents obtained by Reason. But the professor and the student never slept together. She never worked for him, and she never took one of his classes. They never even met in person, except for their initial five-minute introduction. The Foundation for Individual Rights in Education (FIRE) has taken the professor's case, and it is urging the university to reverse course. \"The university reached conclusions that defied reason and were completely at odds with all of the established facts of the case,\" attorney Samantha Harris, a vice president of FIRE, tells Reason. His name was Nick Flor tenured professor at the university, he had taught information systems and digital marketing for the past 17 years. He was in his 50s, married with kids. Her name, for the purposes of this article, was Julia have changed it to protect her anonymity.) She was a graduate student in her 30s. She was fond of hummingbirds, flowers, and astrology. Julia knew someone who had taken one of Flor's classes some years back, and when she saw him in the School of Management, she took the opportunity to introduce herself. It was a fleeting encounter that lasted all of five minutes, but Julia followed it up with an email to Flor the next day\u2014May 10, 2018. She asked whether he was teaching any classes in the fall am glad we crossed paths the other day\u2026.\" she wrote, ending the thought with ellipses, as was her habit. \"It was likely meant to happen, as are most if not all things in the Universe\u2026..\" Flor wrote back that he would not be teaching in the fall, but would be happy to chat with her about her academic interests. Over the next two months, Julia sent Flor 3,258 emails and 174 text messages. Flor sent 2,218 emails in response\u2014though his replies were usually shorter\u2014and 11 text messages. Reason obtained and reviewed all of these messages. The content of Julia and Flor's correspondence became romantic, and then sexual. Julia sent Flor romantic songs, love horoscopes for their signs, and called him \"babe.\" She suggested cuddling, he suggested kissing, she expressed a desire for it to lead to something more, and so on. \uf09a\ue61b\uf1a1\uf0e0\uf02f\uf0c1 2/17/25, 3:37 Professor Tried To End a Flirty Email Exchange With a Young Woman. Then She Threatened to Blackmail Him. 1/7 Flor says he eventually realized what he was doing was wrong\u2014among other issues, he was married\u2014and tried to de- escalate matters. When he stopped responding to her messages as often as she would have liked, she threatened him. When he appealed to his department for help, he became the subject of an investigation. And after a procedure that he says violated his due process rights, he was found guilty of quid pro quo harassment. Flor says he knows he shouldn't have let the relationship develop the way it did can't excuse my behavior,\" Flor tells Reason exercised poor judgment.\" But he's apoplectic at the idea that his conduct could be deemed sexual harassment, when the harassment\u2014as evidenced by the full investigative file, which was obtained by Reason\u2014went in the other direction. \"They're treating me like I'm Harvey Weinstein,\" he says. Julia told the university's investigators that she did not harass Flor, that it was he who pushed their conversation into sexually explicit territory, and that she felt compelled to keep it up because she worried not doing so would negatively impact her educational opportunities believe that Professor Flor should be fired,\" Julia wrote in her victim impact statement. \"Going through this process, and in particular, being the subject of retaliatory action and conduct by an instructor for exercising my civil rights has been nothing short of excruciating, daunting, and overwhelming have had to witness and endure, first-hand, the reality and influence of the power dynamic a faculty member inevitably and undeniably has over a student.\" Through her attorneys, she declined to comment for this article. After the encounter in the printer room, Julia began earnestly conversing with Flor electronically. She was quick to stress that she believed their meeting was destiny and that it would be foolish to \"take such synchronicity for granted.\" Flor's initial responses were polite but curt. He provided answers to her questions about which classes she should take, whether she should go to law school, what the university's Organization, Information and Learning Sciences program was like, and other things. Within a few days, Julia had shared that she was nearly killed in a car accident years ago and that she possessed lingering pain because of it. \"I'm a licensed therapist, in my own healing journey, but yet still,\" she wrote, \"cannot find anyone to help me heal or feel better\u2026.\" Julia also expressed an interest in gossiping about other faculty members\u00ad\u2014hidden insights, she claimed, that Flor would find \"hilarious, intriguing, and mysterious.\" Flor suggested switching to their personal email addresses or Google Hangouts for such conversations. One of her first messages was a picture of a male faculty member and an attractive woman standing next to each other on a golf course. Julia had circled the woman's breasts, and the man's crotch area, suggesting there was something going on between them. Soon Julia was drawing hidden connections everywhere. She found it interesting that Flor had tweeted about hummingbirds right after she had seen\u2014and attempted to photograph\u2014precisely such a creature. Flor replied that this was bewildering. \"Wow, maybe it wasn't chance that we met,\" he wrote back, adding a \"haha.\" But Julia seemed to think this was no laughing matter really don't think you know how synchronous this all really is,\" she wrote, sending him a picture of a hummingbird landing on a yellow flower. Flor pointed out that his last name meant flower, which pleased her. email from Julia (Reason) Next came love songs\u2014\"Past Lives\" by the musician Borns was a favorite\u2014and horoscopes. Julia indicated that she expected Flor to actively interpret and respond to them, and she did not appreciate it when he failed to take them seriously enough. She became distraught when he referred to a psychic she admired as crazy, though for the most part Flor passively 2/17/25, 3:37 Professor Tried To End a Flirty Email Exchange With a Young Woman. Then She Threatened to Blackmail Him. 2/7 agreed with Julia that a mounting pile of evidence suggested they were connected in some way. Julia informed him that although he was 20 years her senior, they were actually both ageless\u2014possibly having lived many lives before their current one. email from Julia (Reason) Over the course of May, the conversation became steadily more romantic. Julia frequently referenced her pains, both physical and spiritual. Discussions of coping techniques led to a proposed massage and escalated from there. These were followed by sexually explicit, graphic messages\u2014sent by both Flor and Julia don't even know what came over me,\" Flor says. By early June, he had realized he was making a terrible mistake, and it was time to wind down their romantic conversations. email from Nick Flor (Reason) response from Julia (Reason) Julia was routinely sending lengthy declarations of love and descriptions of the kinds of emotional, physical, and spiritual pain she wanted him to help her heal. But by the beginning of June, she had noticed that he was barely responding to her emails. \"So what do you have against chatting with me?\" she wrote, adding \"just curious.\" She accused him\u2014in half a dozen separate emails\u2014of killing the romance. He had broken her heart, she said, in this life and in her previous ones. She alternated sending messages contemplating suicide, and pictures of flowers. During the month and a half of correspondence, Julia and Flor had briefly discussed the possibility of her working a few hours each week as his assistant doing data and analytics. As the messages make clear, he proposed using leftover money from a National Science Foundation grant, which came to a grand total of $703. That meant 35 total hours of work, spread out across 7 weeks. They couldn't quite work out the logistics, and Julia declined the offer in a June 9 email. But a few days later, she asked about it again. By this point, Flor had quite sensibly decided to spend the money elsewhere, on new equipment, and told her so. 2/17/25, 3:37 Professor Tried To End a Flirty Email Exchange With a Young Woman. Then She Threatened to Blackmail Him. 3/7 It was on June 24 that Julia made her first threat. She referenced Flor's boss, and asked what he would think if she sent the boss screenshots of their romantic correspondence. Flor stopped responding to her emails, so she began texting him. \"I'll also unfortunately keep on this til it's addressed,\" she said, referencing Flor's refusal to answer her. \"I'm still relentless.\" She also began stalking him on social media, sending him screenshots of a tweet he had liked. This tweet belonged to another female student. \"That's what made her go ballistic,\" Flor recalls. The texts came at all hours of the day. On June 29, Julia texted him every few minutes, from 5:20 a.m. until 8:30 a.m. Over and over again, she repeated her threat to embarrass him by making public their earlier conversations. text from Julia (Reason) Flor says he realized he could no longer ignore her threats, and felt he had no choice but to inform the university administration. He told his boss that he was experiencing harassing behavior from Julia, and his boss reported the matter to the university's Title office, which deals with gender and sex-based misconduct. Flor met with the university's compliance specialist on July 2. According to the investigative file, he told the specialist that Julia was harassing him because he would not pursue a relationship with her. When Julia learned she was the subject of a Title investigation, she filed her own complaint, accusing Flor of quid pro quo harassment and retaliation. The university referred the matter to an independent investigator, who interviewed both parties over the next few weeks. Flor had to come clean to his wife, something he described as \"the hardest part of all of this.\" They talked about everything, and though his behavior damaged their relationship, Flor says they have stayed together. \"It's so hard to recover from,\" he says. \"But feel like our relationship is stronger now because we talk so much about it.\" At the end of November, the independent investigator issued his preliminary findings, subject to comment from both Flor and Julia. Flor says at that point his attorney was optimistic. Two weeks later, Flor learned that the university had taken the independent investigator off the case and replaced him with a woman, the interim Title coordinator at the university's Office of Equal Opportunity (OEO). The documents informing Flor of this development included no explanation for it. 2/17/25, 3:37 Professor Tried To End a Flirty Email Exchange With a Young Woman. Then She Threatened to Blackmail Him. 4/7 The interim Title coordinator then ruled that Julia had not sexually harassed Flor. In fact, her threats to publish their correspondence was \"good faith civil rights protected activity,\" the coordinator wrote in her report. The coordinator went so far as to dismiss the idea that revenge played any part in Julia's decision making: Rather, \"she presents as a very hurt individual grasping for some sort, any sort, of communication from a former lover.\" (Again, Flor and Julia had never had a physical relationship.) Flor did not get off so easily. The report found him responsible for quid pro quo sexual harassment and retaliation. In the OEO's view, Julia might have believed that she needed to send him sexual messages in order to get the research position\u2014a classic example of quid pro quo harassment. Flor's decision to report Julia's threats constituted retaliation. \"They kept her retaliation complaint but threw away mine,\" says Flor. \"They found me guilty don't see how.\" The case went on for several more months, as Flor filed a series of fruitless appeals. Finally, in October 2019, it was time for sentencing spoke to Flor a few days before the hearing. He told me he was expecting to get off lightly: a 30-day unpaid suspension, perhaps. That had been the punishment, Flor recalled, when the university disciplined a football coach. \"It seems like that's the worst thing they do to you,\" says Flor. On October 17 received a frantic email from Flor. \"It is worse than ever imagined,\" he wrote. The university had suspended him without pay for a full year. The university declined to comment about the case, replying instead with a boilerplate statement.\"The University of New Mexico abides by [university] policies and state and federal laws relating to disciplinary matters,\" a spokesperson wrote in an email to Reason. \"It is our practice not to discuss individual personnel matters.\" Julia would have preferred an even stronger sanction, according to her victim impact statement. \"Submission to the sexual advances were the basis of Professor Flor's offers of employment to me,\" she wrote in calling for his dismissal was forced to make a decision: either 1) tolerate the increasing misconduct, sexual advances, and harassment from a professor in order to receive a Graduate Assistant/Project Assistant position and advance in my field and school of study, or 2) report the misconduct and policy violations. When decided had to report Professor Flor's conduct things went from bad to exponentially worse because he chose to use his might to fire numerous false and retaliatory statements and allegations against me.\" Samantha Harris of believes the university has violated Flor's due process rights. \"This is one of the most egregious cases of university malfeasance that have seen in my nearly 15 years with FIRE,\" Harris says. \"The university found Professor Flor responsible with zero due process\u2014no hearing, no opportunity to question his accuser\u2014in a case where credibility was of critical importance.\" It has become much more common over the last decade for universities to adjudicate misconduct\u2014particularly sexual misconduct\u2014in a manner that disregards due process. In 2011, the Obama administration's Education Department released a \"Dear Colleague\" letter that contained new requirements for publicly funded educational institutions. The department's Office for Civil Rights instructed colleges and universities to take sexual misconduct accusations much more seriously, and to investigate them using a framework that would minimize the possibility of retraumatizing the victim. This meant lowering the burden-of-proof threshold to a preponderance of the evidence, defining misconduct broadly as \"any unwelcome conduct of a sexual nature,\" and discouraging investigators from allowing cross-examination. The result was that many schools stopped holding adjudicatory hearings altogether, and instead moved to a single- investigator model, in which one administrator would decide which witnesses to question, produce a report based on these interviews, and then recommend a finding. Such procedures give accused parties very little opportunity to present evidence on their behalf. Last year, under the guidance of Sec. Betsy DeVos, the Education Department rescinded its previous guidance. But many universities have vowed to continue operating as if nothing has changed. Flor's case is emblematic of this widespread abuse of the rights of accused students and professors. In a letter to the university, Harris wrote that the OEO's findings do not establish that Flor \"implicitly or explicitly conditioned employment on submission to sexual conduct.\" On the contrary points out, Julia declined the position after Flor had ceased his overtures. She was not interested in working with him if they were going to be mere work associates. Flor did not condition Julia's employment on a romantic relationship\u2014Julia did. 2/17/25, 3:37 Professor Tried To End a Flirty Email Exchange With a Young Woman. Then She Threatened to Blackmail Him. 5/7 FIRE's letter notes that Flor never received so much as a hearing, let alone an opportunity to cross-examine his accuser. He was not able to pose questions that a panel might ask of Julia. He was not able to present witnesses on his behalf\u2014even though he knew of another professor who had received similar correspondence from Julia and would have been willing to appear on his behalf. Indeed, documents forwarded to Reason by Julia's attorneys make reference to this other professor, Smith have changed his name to protect his anonymity.) Julia had also accused of Smith of sexual misconduct following an email- and text- based relationship that failed to yield an employment offer for her, but cleared Smith of wrongdoing. On October 8, Julia wrote to the university's board of regents, urging them to reverse this decision and sanction Smith. According to Julia, Smith broke off contact with her after his wife demanded that he do so. \"Professors must not dangle promises of job and project opportunities in front of a student with whom they are communicating with in a personal nature and then use their wife as an excuse to retract the offer and all communication,\" wrote Julia in her appeal. \"This decision was based on sex/gender and directly violates University Policy.\" Smith did not respond to a request for comment. On November 13, Flor inquired about the outcome of a separate investigation: The university had also sought to determine whether he had violated Policy 2215, which deals with consensual relationships and conflicts of interest. This investigation had determined that Flor \"did not exercise authority over a subordinate,\" since he had not been teaching, supervising, or evaluating Julia. In this case, he had been cleared. But according to Flor, the university only belatedly informed him of this important fact after he asked about it. If he had been told in August, when the decision was reached, he could have cited the outcome in his appeals concerning the Title matter look at this as withholding exculpatory evidence,\" says Flor. In the meantime, Flor can't even look for alternative long-term work. The University of New Mexico has a policy prohibiting employees from working at any other job for more than 39 days per year. Flor asked the administration if he still counted as an employee during the term of his suspension. He was informed that he did. He's also worried that he will never again receive any grant money, since the reported his Title violation to the National Science Foundation. Flor is currently waiting for the outcome of another appeal. This \"peer review\" appeal, permitted under university policy, gives faculty members the power to review the appropriateness of a colleague's sanction. They could opt to lessen Flor's punishment, though his suspension\u2014which goes into effect on January 1\u2014is likely to begin before the faculty reach any kind of decision will not rest until Professor Flor gets some justice in this egregious case,\" says Harris. Start your day with Reason. Get a daily brief of the most important stories and trends every weekday morning when you subscribe to Reason Roundup. Email Address Submit NEXT: House Reveals Articles of Impeachment Against Trump: Abuse of Power and Obstruction of Congress is a senior editor at Reason \uf086 Show Comments (178 \uf0c1 2/17/25, 3:37 Professor Tried To End a Flirty Email Exchange With a Young Woman. Then She Threatened to Blackmail Him. 6/7 About Browse Topics Events Staff Jobs Donate Advertise Subscribe Contact Media Shop Amazon \uf09a\ue61b\uf16d\ue07b\uf167\uf3b5\uf44d\uf09e \u00a9 2024 Reason Foundation | Accessibility | Privacy Policy | Terms Of Use This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 2/17/25, 3:37 Professor Tried To End a Flirty Email Exchange With a Young Woman. Then She Threatened to Blackmail Him. 7/7", "8515_102.pdf": "v (2020) United States District Court, D. New Mexico. Nick Vincent FLOR, Plaintiff, v. The MEXICO; Camille Carey, individually and in her official capacity; Angela Catena, individually and in her official capacity; Sara M. Cliffe, individually and in her official capacity; and Eva Chavez, Defendants. Civ. No. 20-27 Decided: June 20, 2020 Carter B. Harrison, IV, Nicholas Thomas Hart, Harrison & Hart, LLC, Albuquerque, NM, Samantha Harris, Pro Hac Vice, Mudrick & Zucker PC, Blue Bell, PA, for Plaintiff. Alisa Wigley-DeLara, Conklin, Woodcock & Ziegler, PC, Patrick J. Hart, Office of University Counsel, Unm, Albuquerque, NM, for Defendants Plaintiff Nick Flor asserts that Defendants the University of New Mexico, Camille Carey, Angela Catena, and Sara M. Cliffe (collectively, \u201cUniversity Defendants\u201d) violated his rights under the Fourteenth Amendment's Procedural Due Process Clause and under Title IX. Based on those purported wrongs, Plaintiff seeks a temporary restraining order and preliminary injunction to prevent University Defendants from carrying out their decision to, among other things, suspend him for one year without pay. As the Court details below, Plaintiff has not met his burden of establishing that such extraordinary relief is proper. In short, Plaintiff is not entitled to a temporary restraining order or a preliminary injunction \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/17/25, 3:37 v (2020) | FindLaw 1/25 On December 31, 2019, Plaintiff filed this lawsuit in New Mexico's Second Judicial District Court, seeking declaratory and injunctive relief as well as damages. See (Doc. 1 at 5). University Defendants removed the case to this Court on January 9, 2020. See (Doc. 1). Shortly thereafter, Plaintiff filed his (Doc. 17). In it, he asserts various federal and state claims against University Defendants, including, inter alia, violations of procedural due process and violations of Title IX. See id. at 20\u201324, 25\u201329. On March 16, 2020, Plaintiff filed a (\u201cMotion\u201d) (Doc. 22).1 The Court referred the Motion to United States Magistrate Judge Laura Fashing to conduct hearings, if warranted, and to perform any legal analysis required to recommend to the Court an ultimate disposition under the provisions of 28 U.S.C. \u00a7 636(b). See (Doc. 28). On April 20, 2020, Magistrate Judge Fashing filed (Doc. 36) to which Plaintiff filed timely objections. See (\u201cObjections\u201d) (Doc. 39). On May 18, 2020, University Defendants responded to Plaintiff's Objections. See (Doc. 44). On June 1, 2020, Plaintiff filed a reply. See (\u201cReply\u201d) (Doc. 48).2 The Court has considered the entire record and has made a de novo review and determination regarding those parts of the Magistrate Judge's Proposed Findings and Recommended Disposition to which Plaintiff objected. The Court finds that the Magistrate Judge's Proposed Findings and Recommended Disposition should be modified as set forth herein. With those modifications, the Court will overrule Plaintiff's objections and adopt the Magistrate Judge's recommended disposition District courts may refer dispositive motions to a magistrate judge for a recommended disposition. See Fed. R. Civ. P. 72(b)(1); see also 28 U.S.C. \u00a7 636(b). Federal Rule of Civil Procedure 72(b)(2) governs objections: \u201cWithin 14 days after being served with a copy of the recommended disposition, a party may serve and file specific written objections to the proposed findings and recommendations.\u201d Fed. R. Civ. P. 72(b)(2). When resolving objections to a magistrate judge's proposed findings and dispositions, \u201c[t]he district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to. The district judge may accept, reject, or modify the recommended disposition; 2/17/25, 3:37 v (2020) | FindLaw 2/25 receive further evidence; or return the matter to the magistrate judge with instructions.\u201d Fed. R. Civ. P. 72(b)(3 Neither Plaintiff nor University Defendants object to the Magistrate Judge's factual description of the case. The Court's de novo review, however, unearthed a fact that warrants correcting. The Proposed Findings and Recommended Disposition indicated that Plaintiff had not responded to the OEO's draft report. Doc. 36 at 4 n.4. But the Court's review of the record confirms that Plaintiff did respond to that report. See Doc. 22-1 at 2. The response itself, however, is not part of the record. With that correction, the Court will adopt the facts set forth in the Proposed Findings and Recommended Disposition.3 The Magistrate Judge recommended that the Court deny Plaintiff's Motion. Doc. 36 at 29. At bottom, the Magistrate Judge determined that Plaintiff had not met his burden of showing that a temporary restraining order or preliminary injunction is warranted. More specifically, the Magistrate Judge found that Plaintiff had not met his burden with respect to the factors of likelihood of success on the merits, irreparable injury, and public interest. Id. The balance of harms factor weighed neutral in her analysis. Id. Plaintiff objects to all the Magistrate Judge's conclusions, apart from the balance of harms factor. Doc. 39 at 2\u201328. I. Likelihood of Success on the Merits a. Procedural Due Process Plaintiff objects to the Magistrate Judge's recommendation that he failed to establish a likelihood of success on the merits of his procedural due process claim. Doc. 39 at 3. In particular, he objects to the Magistrate Judge's recommendation that due process does not require that he be given a pre- suspension, in-person hearing where he could present a defense of his choosing and probe the credibility of his accuser. Id. The Court will adopt the Magistrate Judge's recommended disposition with the analytical modifications set forth below. \u201cTo assess whether an individual was denied procedural due process, courts must engage in a two-step inquiry: (1) did the individual possess a protected interest such that the due process protections were applicable; and, if so, then (2) was the individual afforded an appropriate level of process.\u201d Montgomery v. City of Ardmore, 365 F.3d 926, 935 (10th Cir. 2004) (quoting Watson v. Univ. of Utah Med. Ctr., 75 F.3d 569, 577 (10th Cir. 1996)). The parties agree that Plaintiff possessed a protected property interest in his continued employment without suspension. Doc. 36 at 16. The parties disagree, however, about what process Plaintiff was due. 2/17/25, 3:37 v (2020) | FindLaw 3/25 \u201cThe fundamental requirement of due process is the opportunity to be heard at a meaningful time and in a meaningful manner.\u201d Mathews v. Eldridge, 424 U.S. 319, 333, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976) (internal quotation marks omitted). In particular, \u201c[t]he tenured public employee is entitled to oral or written notice of the charges against him, an explanation of the employer's evidence, and an opportunity to present his side of the story.\u201d Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 546, 105 S.Ct. 1487, 84 L.Ed.2d 494 (1985); Riggins v. Goodman, 572 F.3d 1101, 1108 (10th Cir. 2009). The Magistrate Judge found that Plaintiff received notice of the charges against him and an explanation of the University's evidence. Doc. 36 at 18. Neither party objects to those conclusions. Hence, the Court's inquiry is limited to whether Plaintiff received a hearing consistent with due process. (i) Whether Plaintiff was entitled to an in-person hearing prior to his suspension Plaintiff objects to the Magistrate Judge's conclusion that he was not entitled to an in-person hearing prior to his suspension. Doc. 39 at 4. For the reasons below, the Court will overrule Plaintiff's objection. In Loudermill, the Supreme Court held that a tenured employee's \u201cpretermination hearing need not definitively resolve the propriety of the discharge. It should be an initial check against mistaken decisions\u2014essentially, a determination of whether there are reasonable grounds to believe that the charges against the employee are true and support the proposed action.\u201d Loudermill, 470 U.S. at 545\u201346, 105 S.Ct. 1487. Accordingly, \u201c \u2018something less\u2019 than a full evidentiary hearing is sufficient prior to adverse administrative action.\u201d Id. at 545, 105 S.Ct. 1487; Riggins, 572 F.3d at 1108 (explaining that \u201c[a] full evidentiary hearing is not required\u201d to satisfy due process prior to an adverse employment action). Rather, the \u201copportunity to present reasons, either in person or in writing, why proposed action should not be taken is a fundamental due process requirement.\u201d Loudermill, 470 U.S. at 546, 105 S.Ct. 1487. But \u201c[t]o require more than [that] prior to termination would intrude to an unwarranted extent on the government's interest in quickly removing an unsatisfactory employee.\u201d Id. Consistent with that directive, the Tenth Circuit has \u201cupheld as sufficient to meet these requirements informal proceedings, such as pretermination warnings and an opportunity for a face-to-face meeting with supervisors, and even a limited conversation between an employee and his supervisor immediately prior to the employee's termination.\u201d Riggins, 572 F.3d at 1108 (internal quotation marks and citations omitted). Indeed, the \u201chearing\u201d requirement of the due process clause, \u201cthough necessary, need not be elaborate.\u201d Loudermill, 470 U.S. at 545, 105 S.Ct. 1487. The Magistrate Judge found that the minimum hearing requirements were satisfied because Plaintiff \u201creceived multiple opportunities to respond to the allegations against him.\u201d Doc. 36 at 18. The Court's de novo review confirms that is true. Plaintiff was initially interviewed by Mr. FitzSimons about Ms. Chavez's complaint. Doc. 22-1 at 2. The Tenth Circuit has upheld as sufficient to meet the due process hearing requirement informal conversations where an employee is permitted to rebut the charges against him. See Powell v. Mikulecky, 891 F.2d 1454, 1459 (10th Cir. 1989) (\u201cThat conversation was, itself, the 2/17/25, 3:37 v (2020) | FindLaw 4/25 notification of the charges against him. At that time, Powell had an opportunity to rebut that charge but chose instead to admit to it.\u201d). Moreover, Plaintiff responded to the OEO's draft report and Letter of Preliminary Determination. Doc. 22-1 at 2; Doc. 22-5 at 1\u20133. Plaintiff's multiple responses during the OEO's investigation, combined with his conversation with Mr. FitzSimons, likely satisfied the requirements of pre-deprivation due process. See Loudermill, 470 U.S. at 542, 105 S.Ct. 1487 (describing Arnett v. Kennedy, 416 U.S. 134, 94 S.Ct. 1633, 40 L.Ed.2d 15 (1974), which held that due process was satisfied \u201cwhere an employee had access to the material upon which the charge was based and could respond orally and in writing and present rebuttal affidavits\u201d). Furthermore, after the determined that Plaintiff had violated University policy, Plaintiff, with the assistance of counsel, exercised his right to appeal that decision to the University President. Doc. 30 at 26. That appeal attempt was unsuccessful. See Doc. 22-6 at 1. The Board of Regents declined to exercise jurisdiction over any further appeal. See Doc. 22-4 at 1; Doc. 22-7 at 1. Only then did Defendant Carey sanction Plaintiff. See Doc. 22-11 at 1. As recounted above, Plaintiff received multiple opportunities to be heard prior to his suspension. That is more than due process requires. See In re C.W. Mining Co., 625 F.3d 1240, 1245 (10th Cir. 2010) (\u201c[D]ue process requires only an opportunity to be heard.\u201d). Plaintiff's position that he was entitled to an in- person hearing mischaracterizes the requirements of pre-deprivation due process. Indeed, the formal hearing that Plaintiff envisions is not a due process guarantee. Id. (rejecting the argument \u201cthat due process always requires an actual hearing\u201d (emphasis in original)); cf. West v. Grand Cty., 967 F.2d 362, 367 (10th Cir. 1992 full evidentiary hearing is not required prior to an adverse employment action.\u201d). In short, Plaintiff has not established that his pre-deprivation process was constitutionally insufficient. (ii) Whether Plaintiff was entitled to probe his accuser's credibility prior to his suspension Despite the pre-deprivation process Plaintiff was afforded, Plaintiff maintains that the Magistrate Judge erred when she concluded that due process does not require that he be permitted to probe the credibility of Ms. Chavez through some kind of cross-examination prior to his suspension. Doc. 39 at 13; Doc. 22 at 17 (\u201cPlaintiff should have been afforded a hearing, during which he could have \u2024 cross-examine[d] his accuser, before Defendants determined that Plaintiff had violated University policy and suspended him.\u201d (emphasis added)). Additionally, Plaintiff takes issue with the OEO's refusal to interview any of the witnesses he identified. Id. at 15. Plaintiff relies on several district court cases from the Sixth Circuit, all of which are based on Doe v. Baum, 903 F.3d 575 (6th Cir. 2018). In Baum, a student accused of sexual misconduct brought a due process challenge against his university for its disciplinary procedures. Id. at 580. The Sixth Circuit took that case as an opportunity to clarify its view on student disciplinary-procedural due process protections. The court explained that \u201cif a public university has to choose between competing narratives to resolve a case, the university must give the accused student or his agent an opportunity to cross- 2/17/25, 3:37 v (2020) | FindLaw 5/25 examine the accuser and adverse witnesses in the presence of a neutral fact-finder.\u201d Id. at 578. This must occur before the university imposes \u201ca sanction as serious as expulsion or suspension.\u201d Id. at 581.4 District courts in the Sixth Circuit have extended Baum from student disciplinary proceedings to the employment context. See, e.g., Smock v. Bd. of Regents of Univ. of Michigan, 353 F. Supp. 3d 651, 657 (E.D. Mich. 2018) (applying Baum\u2019s cross-examination requirement to a university professor's pre- deprivation hearing for alleged misconduct); Frost v. Univ. of Louisville, 392 F. Supp. 3d 793, 804\u201306 (W.D. Ky. 2019) (same); Kerber v. Wayne Cty. Employees Ret. Sys., No. 18-12049, 2019 1354049, at *7 (E.D. Mich. Mar. 26, 2019) (explaining that Baum\u2019s cross-examination requirement may apply to an employee's pension termination hearing where the decision-maker must choose between competing narratives to resolve the case). Notably, Plaintiff has not cited to a single case outside the Sixth Circuit where a court has held that due process is offended in the absence of cross-examination prior to any adverse employment action. Even so, Plaintiff implores the Court to recognize that \u201c[a] tenured public employee facing the loss of a week's pay can certainly be entitled to no less process than a schoolboy facing a few days\u2019 suspension from school.\u201d Doc. 39 at 4 (quoting Brunn v. City of Cleveland, 526 F. Supp. 564, 566 (N.D. Ohio 1981)). That language, cherry-picked from Brunn, does not extend the right Plaintiff implores the Court to recognize\u2014i.e., a pre-deprivation right to cross-examine an accuser. See Doc. 22 at 17; Doc. 39 at 12\u201315. In Brunn, a city employee was suspended from her job without pay for five days. Id. at 564. She then brought a 42 U.S.C. \u00a7 1983 lawsuit against the city alleging, inter alia, that the process the city employed to suspend her was constitutionally infirm. In determining whether the plaintiff had stated a valid due process claim, the Northern District of Ohio explained that [a]t a minimum \u2024 due process means that a person whose rights may be affected by a governmental decision about him must have notice and opportunity to be heard. In the context of a decision on whether to suspend a student from school, due process requires, at a minimum, that the student be confronted with the accusation against him, the grounds for the accusation, and be given the opportunity to explain his version of the facts in an \u201cinformal give and take.\u201d Id. at 566. The right to an \u201cinformal give and take\u201d is far more reserved than the expansive right Plaintiff urges the Court to recognize. It is certainly not the formal hearing complete with the cross-examination of Ms. Chavez that Plaintiff envisions. Moreover, Brunn is factually inapposite to Plaintiff's case. In Brunn, the complaint alleged that she \u201cwas summarily suspended from her employment without any hearing,\u201d that Brunn was not \u201cconfronted with the accusation against her\u201d until after her suspension, and that she \u201cwas not given any opportunity to question or challenge the charges against her.\u201d Id. In contrast, Plaintiff was given notice of the charges against him prior to any adverse employment action. Doc. 36 at 18. He had 2/17/25, 3:37 v (2020) | FindLaw 6/25 opportunities to respond to those allegations on multiple occasions. Id. And Plaintiff was not suspended until after the found that he had violated policy and a separate sanctioning process had been conducted. Id. at 10. Given that the right to cross-examination has not been widely recognized as a requirement of pre- deprivation due process, the Court is particularly reluctant to find it should be required at the early stage of these proceedings. This case is before the Court on Plaintiff's Motion seeking a temporary restraining order and preliminary injunction. See generally Doc. 22. Injunctions, like those Plaintiff seeks, are extraordinary remedies. See Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 24, 129 S.Ct. 365, 172 L.Ed.2d 249 (2008). And the Court is disinclined to recognize a new pre-deprivation entitlement when tasked with determining whether an extraordinary remedy is appropriate. But even if the Court were to assume that Plaintiff had a right to cross-examine Ms. Chavez prior to an adverse employment action, the Court believes that due process would not require cross-examination here. Plaintiff takes issue with the Magistrate Judge's conclusion that this \u201cis not a case where the only evidence is one party's word against the other's,\u201d because \u201cvirtually all of the communications between [Plaintiff] and Ms. Chavez were conducted via email or text message.\u201d Doc. 36 at 21. Despite the very extensive record, Plaintiff still argues that this case \u201cturns on credibility.\u201d Doc. 39 at 12. Plaintiff relies heavily on statements by Ms. Chavez that \u201cshe was uncomfortable with and did not know how to respond to [Plaintiff's] messages of a sexual nature,\u201d and that \u201cshe responded to [Plaintiff's] messages \u2024 due to the inherent power differential involved[.]\u201d Doc. 22-1 at 3. Unlike Plaintiff's suggestion, however, the did not rely on Ms. Chavez's statements when concluding that Plaintiff violated university policy. Instead, the determined that Plaintiff had violated the quid pro quo sexual harassment policy, because: (1) the conduct between Plaintiff and Ms. Chavez was sexual in nature; (2) the \u201cchronology of communications establishes that [Ms. Chavez's] receptiveness and reciprocation to [Plaintiff's] sexual overtures was an implied term or condition of her hire;\u201d and (3) because of the \u201cinherent power differential between a faculty member and a student,\u201d \u201c[a] reasonable college student in [Ms. Chavez's] position would feel pressure to please a person in [Plaintiff's] professional position.\u201d5 Id. at 20\u201321 (internal quotation marks omitted).6 The OEO's policy violation finding was divorced from any statements made by Ms. Chavez. Rather, it focused on the timing of Plaintiff and Ms. Chavez's sexually explicit communications and Plaintiff's job offer to Ms. Chavez.7 The OEO's finding further rested on what a reasonable college student in a similar position would feel. Importantly, Plaintiff did not challenge the authenticity of the communications that the used to determine that the timing of the communications supported its implicit finding. Id. at 20. Thus, Plaintiff failed to contest the very evidence on which the relied when finding that he violated University policy. 2/17/25, 3:37 v (2020) | FindLaw 7/25 With respect to the OEO's finding the Plaintiff violated policy by retaliating against Ms. Chavez, the acknowledged Plaintiff's position that \u201c[Ms. Chavez's] threats to forward their prior sexual communications to multiple individuals at the University was due to anger that he would no longer engage in the behavior and [her desire] to get revenge.\u201d Doc. 22-1 at 21. The nevertheless found that even if that was Ms. Chavez's motivation, that \u201cwould not negate that [Ms. Chavez] \u2024 believed she had a rational good-faith complaint to make[.]\u201d Id.; Doc. 30 at 25. The went on to find that Plaintiff was aware that Ms. Chavez intended to engage in a protected activity and that he \u201ccomplained to his Department Chair and to the Dean of Students because [Ms. Chavez] reported that she might report their sexual relationship to University authorities.\u201d Doc. 30 at 25. Again, the made that determination based on the \u201cchronology of events,\u201d not based on Ms. Chavez's statements identified by Plaintiff. Id. (emphasis added).8 Like the OEO's finding that Plaintiff violated the sexual misconduct policy through a quid pro quo job offer, the OEO's finding that Plaintiff retaliated against Ms. Chavez does not rely on any statements from Ms. Chavez about her relationship or feelings towards Plaintiff. Instead, the determination was based on the timing of their communications, which Plaintiff did not contest, and the timing of Plaintiff's reporting of Ms. Chavez's conduct. Doc. 22-1 at 20. Because the OEO's findings rely solely on uncontested evidence, the Court fails to see what Plaintiff sought to achieve by probing Ms. Chavez's credibility. Plaintiff also complains that the failed to interview any of the witnesses he submitted. Doc. 39 at 15. Plaintiff believes that these witnesses could have attacked Ms. Chavez's credibility. Id. But Plaintiff's position does not grapple with the OEO's reliance on uncontested written communications. The found \u201cbeyond a preponderance of the evidence through the documented communications\u201d that Plaintiff violated the University's sexual harassment quid pro quo policy. Doc. 22-5 at 1 (Final Letter of Determination) (emphasis added). The further noted that \u201c[n]either party presents a challenge to this evidence[.]\u201d Id. With respect to the retaliation policy violation, the declined to interview the witnesses identified by Plaintiff because he \u201cdoes not indicate what relevant information these witnesses possess.\u201d Id. at 2. For example, in response to Plaintiff's request that the interview Dr. Rogers, the explained: the relevant and uncontested fact is simply that he brought his untoward relationship with [Ms. Chavez] to [Dr. Roger's] attention, resulting in [Dr. Rogers] filing a Title report on his behalf. What he said to [Dr.] Rogers \u2024 would not change the finding that he made the report in retaliation for [Ms. Chavez's] threats to report him, a finding based upon the chronology of events, not the substance of the report to [Dr.] Rogers itself. Id. The OEO's findings were based on uncontested communications between Plaintiff and Ms. Chavez. Because the relevant facts were not in dispute, the did not need to interview additional witnesses. 2/17/25, 3:37 v (2020) | FindLaw 8/25 The Court overrules Plaintiff's assertion that he should have been entitled to probe Ms. Chavez's credibility prior to any adverse employment action against him. (iii) Whether Plaintiff received sufficient post-deprivation process Finally, Plaintiff objects to the Magistrate Judge's conclusion that he likely received sufficient post- deprivation process. Doc. 39 at 15. Plaintiff suggests that he was entitled to greater post-deprivation protections because of the limited pre-deprivation process he received. Doc. 39 at 15\u201316. \u201cTo evaluate the constitutionality of post-termination process,\u201d the Court \u201cmust view it in light of the pre- termination procedures it follows.\u201d Copelin-Brown v. New Mexico State Pers. Office, 399 F.3d 1248, 1255 (10th Cir. 2005). The Court has already found it likely that Plaintiff received more pre-deprivation process than the Constitution requires. The Court now concludes that Plaintiff likely received constitutionally sound post-deprivation due process following his suspension.9 \u201cThe standards for a pretermination hearing are not stringent because of the expectation that a more formal post-termination hearing will remedy any resulting deficiencies.\u201d West, 967 F.2d at 367. The Tenth Circuit has \u201cindicated in dicta that [a] \u2018full post-termination hearing\u2019 is understood to include the right to representation by an attorney and the right to cross-examine adverse witnesses.\u201d McClure v. Indep. Sch. Dist. No. 16, 228 F.3d 1205, 1211 (10th Cir. 2000) (quoting Workman v. Jordan, 32 F.3d 475, 480 (10th Cir. 1994)). But \u201cwhen the employee has had a meaningful opportunity to explain his position and challenge his dismissal in pre-termination proceedings,\u201d then \u201csimply giving the employee \u2018some opportunity\u2019 to present his side of the case \u2018will provide a meaningful hedge against erroneous action.\u2019 \u201d Benavidez v. City of Albuquerque, 101 F.3d 620, 626 (10th Cir. 1996) (quoting Loudermill, 470 U.S. at 543, 105 S.Ct. 1487). First, the Court is skeptical that Plaintiff's post-deprivation hearing needed to be as formal as a \u201cfull- blown adversarial post-termination hearing.\u201d Calhoun v. Gaines, 982 F.2d 1470, 1477 (10th Cir. 1992). At its core, \u201cdue process is flexible and calls for such procedural protections as the particular situation demands.\u201d Morrissey v. Brewer, 408 U.S. 471, 481, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972). Thus, a one-year suspension without pay\u2014a lesser sanction than termination\u2014likely requires less stringent procedural protections than termination. Instead, the Court, having already found that Plaintiff likely received more pre-deprivation process than is constitutionally required, believes that Plaintiff was entitled to something between a \u201cfull-blown, adversarial post-termination hearing,\u201d and \u201c \u2018some opportunity\u2019 to present his side of the case.\u201d Calhoun, 982 F.2d at 1477; Benavidez, 101 F.3d at 626. That is precisely what Plaintiff received. Plaintiff sought review of his sanction by a peer review board. Doc. 22-9 at 1. As the Magistrate Judge explained, at that hearing Plaintiff was \u201cpermitted to present evidence and witnesses, testify, and cross- examine witnesses against him.\u201d Doc. 36 at 19\u201320 (citing Doc. 22-22 at 1, 3\u20134). Additionally, Plaintiff 2/17/25, 3:37 v (2020) | FindLaw 9/25 was permitted to have counsel present, and although counsel could not directly intervene, Plaintiff could consult counsel during the hearing. Doc. 22-22 at 1. Moreover, Plaintiff \u201cwas able to attack the process by which the University took adverse employment action against him.\u201d Doc. 36 at 20. Consistent with the procedures in place for the peer review hearing, Plaintiff submitted evidence, presented witness\u2014 although he chose not to testify\u2014and cross-examined witnesses against him. See Doc. 22-9 at 3. In the end, the post-deprivation process that Plaintiff received was adequate in light of the due process interest at stake.10 Finally, the Court notes that Plaintiff does not argue that he is entitled to probe the credibility of his accuser during his post-deprivation hearing, although the Tenth Circuit has recognized a right to that effect in limited circumstances.11 Even still, if Plaintiff had presented that argument, the Court would reject it for the same reasons that the Court concluded that Plaintiff was not entitled to probe the credibility of Ms. Chavez during a pre-deprivation hearing. Namely, Plaintiff did not contest the authenticity of the documented communications upon which the relied when making its findings. See Sutherland v. Tooele City Corp., 91 F. App'x 632, 639\u201340 (10th Cir. 2004) (unpublished table decision) (holding that due process was afforded during post-termination hearing even when employee not allowed to confront witnesses against him). In sum, the Court overrules Plaintiff's objections and will adopt the Magistrate Judge's proposed disposition regarding the likelihood of success on the merits of Plaintiff's procedural due process claim. b. Title The Magistrate Judge concluded that Plaintiff also failed to establish the likelihood-of-success-on-the- merits factor for his erroneous outcome and selective enforcement Title claims. Doc. 36 at 22, 24\u2013 25.12 The Court will overrule Plaintiff's objections, see Doc. 39 at 17, 22, and will adopt the Magistrate Judge's recommended disposition. (i) Erroneous Outcome successful erroneous outcome claim requires the plaintiff to show that the outcome of the University's disciplinary proceeding was erroneous because of sex bias.\u201d Ruff v. Bd. of Regents of Univ. of New Mexico, 272 F. Supp. 3d 1289, 1298 (D.N.M. 2017) (quoting Doe v. Cummins, 662 F. App'x 437, 452 (6th Cir. 2016) (unpublished decision)). \u201cThus, to state an erroneous-outcome claim, a plaintiff must plead: (1) facts sufficient to cast some articulable doubt on the accuracy of the outcome of the disciplinary proceeding[,] and (2) a particularized causal connection between the flawed outcome and gender bias.\u201d Ruff, 272 F. Supp. 3d at 1298 (internal quotation marks omitted) (bracket in original); see also Yusuf v. Vassar Coll., 35 F.3d 709, 715 (2d Cir. 1994). Facts that cast doubt on the outcome of a disciplinary proceeding can include \u201cprocedural flaws affecting the proof.\u201d Yusuf, 35 F.3d at 715. Meanwhile, evidence demonstrating causation between the flawed outcome and a gender bias can be 2/17/25, 3:37 v (2020) | FindLaw 10/25 shown, for example, by \u201cstatements by members of the disciplinary tribunal, statements by pertinent university officials, or patterns of decision-making that also tend to show the influence of gender.\u201d Cummins, 662 F. App'x at 452 (quoting Yusuf, 35 F.3d at 715).13 The Court concludes that Plaintiff has not established that he is likely to succeed on the merits of his erroneous outcome claim, because he has not met his burden of showing \u201ca particularized causal connection between the flawed outcome and gender bias.\u201d Ruff, 272 F. Supp. 3d at 1298. Plaintiff argues that simple allegations of gender bias are sufficient to meet his burden for a temporary restraining order and preliminary injunction. Doc. 39 at 19\u201322. But mere allegations of gender bias fall short of satisfying that burden. See Mazurek v. Armstrong, 520 U.S. 968, 972, 117 S.Ct. 1865, 138 L.Ed.2d 162 (1997).14 Indeed, in this circuit, \u201ca ruling that a plaintiff has a strong likelihood of success on the merits is based on the evidence plaintiff intends to present at trial[.]\u201d McDonnell v. City & Cty. of Denver, 878 F.3d 1247, 1253 (10th Cir. 2018); see also Port City Props. v. Union Pac. R.R. Co., 518 F.3d 1186, 1190\u201391 (10th Cir. 2008) (affirming the district court's holding that the movant \u201cfailed to show a likelihood of success on the merits because it offered no evidence of a contract requiring Union Pacific to provide rail service to it.\u201d). Although Plaintiff states in his Motion that he \u201cwill be able to show that Defendants \u2018adopt[ed] \u2024 a policy of bias favoring one sex over the other in a disciplinary dispute,\u2019 \u201d see Doc. 22 at 27 (emphasis added), at this stage he has not identified any specific evidence to that effect.15 Nevertheless, the Court will address Plaintiff's allegations of gender bias against the University. First, Plaintiff alleged that the University \u201cacquiesced to public pressure in the media and from federal and state government demanding more swift and severe reaction to female complainants of sexual harassment at the expense of male accused faculty members.\u201d Id. at 20 (citing Doc. 17 at \u00b6 221). Notably, between 2016 and 2019, the Department of Justice was monitoring the University of New Mexico's compliance with Title IX. See Press Release, University of New Mexico Released from Agreement to Address Sexual Misconduct on Campus (Dec. 10, 2019), campus. Plaintiff, however, fails to connect the DOJ's compliance monitoring with his allegation of gender bias against male faculty members. Cf. Doe v. Univ. of Denver, 952 F.3d 1182, 1192\u201393 (10th Cir. 2020) (explaining that \u201cevidence that a school felt pressured to conform with [the Dear Colleague Letter's] guidance cannot alone satisfy Title IX's fundamental requirement that the challenged action be on the basis of [gender]\u201d (internal quotation marks omitted) (second bracket in original)).16 Next, Plaintiff alleged\u2014again without evidentiary support\u2014that the University \u201cinitiated complaints against male faculty members while not initiating similar complaints against female faculty members.\u201d Id. (citing Doc. 17 at \u00b6 224). Plaintiff's mere allegations of gender bias are insufficient. Plaintiff advances just one argument that has some basis in the record, although that argument too fails. He claims that the purportedly treated him and Ms. Chavez differently with respect to their 2/17/25, 3:37 v (2020) | FindLaw 11/25 competing complaints that the other party violated the OEO's no-contact directives. Doc. 39 at 22. Plaintiff did not advance that argument before the Magistrate Judge in support of his erroneous outcome claim. See Doc. 22 at 20\u201322. Instead, Plaintiff relied on purported violations of the OEO's no- contact directive to support his selective enforcement claim. Id. Because Plaintiff did not argue in his Motion that those same facts support his erroneous outcome claim, Plaintiff now has waived any argument to that effect. See Standing Akimbo, LLC, 955 F.3d at 1154. But even if the Court were to excuse that waiver, the allegations Plaintiff relies on are insufficient to establish the requisite \u201cparticularized causal connection between the flawed outcome and gender bias.\u201d Ruff, 272 F. Supp. 3d at 1298. The Magistrate Judge found that Plaintiff had not established a prima facie case of selective enforcement based on those same facts, because Plaintiff's and Ms. Chavez's complaints to the were materially different\u2014the had a basis for accepting jurisdiction over her complaint and not his. See Doc. 36 at 25 (explaining that \u201cthe record is devoid of evidence that Ms. Chavez had contact with the press, whereas [Plaintiff] clearly gave interviews about the University's sanctioning process.\u201d (citing Docs. 22-17, 22-18)). The Magistrate Judge then concluded that Plaintiff's failed to establish that he was treated differently from Ms. Chavez. See Doc. 36 at 25. Plaintiff has not directed the Court to anything in the record that would upset that conclusion. Plaintiff again fails to demonstrate that he was, in fact, treated differently. The Court overrules Plaintiff's objections to the Magistrate Judge's analysis of Plaintiff's Title erroneous outcome claim. At this stage, Plaintiff has not established by a clear showing that he will succeed on the merits of that claim. (ii) Selective Enforcement \u201c[A] plaintiff demonstrates selective enforcement through the identification of a comparator of the opposite sex who was treated more favorably by the educational institution when facing similar disciplinary charges.\u201d Doe v. Case W. Reserve Univ., 2015 5522001, at *6 (N.D. Ohio Sept. 16, 2015) (citing Yusuf, 35 F.3d at 716). The Magistrate Judge concluded that Plaintiff had not established a prima facie case of selective enforcement because Ms. Chavez was not a proper comparator for Plaintiff. Doc. 36 at 22\u201323. Her analysis rested upon the OEO's recognition of a power imbalance between faculty and students. See id. at 23. She reasoned that Ms. Chavez, a graduate student, was not a sufficiently similar comparator to Plaintiff, a tenured faculty member. Id. The Court agrees and will thus overrule Plaintiff's objections. Plaintiff objects on the basis that the University's policy defining consensual relationships and conflicts of interest includes language recognizing that an \u201cinherent power imbalance\u201d exists when one party \u201chas a formal instructional, supervisory, evaluative, or advisory role over the other party[.]\u201d Doc. 39 at 22 (quoting University of New Mexico, Administrative Policies and Procedures Manual: Policy 2215, 2/17/25, 3:37 v (2020) | FindLaw 12/25 Consensual Relationships and Conflicts of Interest (Nov. 2014), policies/2000/2215.html). Based on that language, Plaintiff suggests that those are the only circumstances in which the University recognizes an inherent power imbalance between faculty and students. See Doc. 39 at 22. The Court disagrees that the University's policy on consensual relationships creates an exhaustive list of circumstances in which a power imbalance may exist between students and faculty. Indeed, nothing in the quoted language of that policy suggests that the University's recognition of an inherent power imbalance is limited to those few examples. Moreover, Plaintiff ignores that he was able to offer Ms. Chavez a job, which would have resulted in a direct supervisory relationship. Surely Plaintiff's ability to extend Ms. Chavez a job offer underscores the power imbalance between a tenured faculty member and a graduate student. The Court will overrule Plaintiff's objection based on Policy 2215. Additionally, the Magistrate Judge explained that the OEO's investigations into Chavez v. Flor and Flor v. Chavez focused on different conduct. Doc. 36 at 23. As the Magistrate Judge described Chavez v. Flor focused on whether there was quid pro quo harassment or retaliation.\u201d Id. By way of contrast, in Flor v. Chavez, the examined whether Ms. Chavez sexually harassed Plaintiff and \u201cfound that the sexually explicit communications from Ms. Chavez were welcomed by Prof. Flor and that the \u2018communications neither interfered with [Prof. Flor's] work performance or advancement, or created an intimidating, hostile, or offensive work environment for him.\u2019 \u201d Id. (citing Doc. 22-3 at 1, 16). The Court agrees and further concludes that Ms. Chavez is not a proper comparator on which Plaintiff may rely because Ms. Chavez was accused of a different policy violation and the OEO's investigation examined different issues. The Court will thus overrule Plaintiff's objections and adopt the Magistrate Judge's recommended disposition of this issue.17 The Court, having overruled all of Plaintiff's objections directed at the likelihood-of-success-on-the-merits factor for a temporary restraining order or preliminary injunction, finds that this factor does not weigh in favor of granting Plaintiff's requested relief.18 II. Remaining Injunction Factors Plaintiff objects to the Magistrate Judge's resolution of the irreparable injury and public interest factors for an injunction. The Magistrate Judge concluded that neither factor weighed in favor of granting Plaintiff an injunction. See Doc. 36 at 27, 28. Plaintiff primarily argues that because he has shown that he will likely succeed on the merits of his claims, he has likewise established that he will be irreparably harmed absent an injunction and that the public interest will be served if an injunction is issued. Doc. 39 at 24 (describing how \u201c[i]rreparable harm is often presumed in cases involving the enforcement of civil or constitutional rights.\u201d); Id. at 27 (maintaining that it is in the public interest to ensure \u201ccompliance with Title and the prevention of 2/17/25, 3:37 v (2020) | FindLaw 13/25 violations [sic] an individual's constitutional rights.\u201d). But Plaintiff has not demonstrated that he is likely to succeed on the merits of his due process or Title claims. Moreover, the Magistrate Judge more than adequately addressed these same arguments in the Proposed Findings and Recommended Disposition. Doc. 36 at 25\u201327, 28. Plaintiff's objections are overruled. Finally, the Magistrate Judge determined that Plaintiff and University Defendants faced significant harm. Doc. 36 at 27. Given the real and competing interests of the parties, she concluded that this factor should weigh neutral in the Court's analysis. Id. Neither party objects to that recommendation. Accordingly, the Court adopts the Magistrate Judge's recommendation\u2014this factor weighs neutral in the Court's analysis With the modifications explained above, the Court adopts the Magistrate Judge's conclusion that \u201c[w]hen balanced against each other, the factors do not support the issuance of a temporary restraining order or preliminary injunction.\u201d Doc. 36 at 29.19 that (1 (Doc. 39) are OVERRULED; and (2 (Doc. 22) is 1. The Motion is fully briefed. See (Doc. 30 (Doc. 33). 2. Federal Rule of Civil Procedure 72(b) does not contemplate replies in support of objections to proposed findings and recommended dispositions. Even so, Plaintiff has filed a reply brief without leave of the Court. Because University Defendants have not objected to Plaintiff's Reply, the Court will consider it. 3. In fairness to Plaintiff, the Court notes its concern about the OEO's description of communications by Plaintiff and Ms. Chavez about a job offer and the beginning of their sexual statements. The Proposed 2/17/25, 3:37 v (2020) | FindLaw 14/25 Findings and Recommended Disposition quoted the OEO's Preliminary Letter of Determination findings that: \u201cThe parties first discussed an employment relationship, then [Prof. Flor] initiated sexual overtures, and then the parties exchanged \u2024 overtly sexual communications.\u201d Doc. 36 at 6. Importantly, Plaintiff admitted to making the \u201cfirst comments of a sexually explicit nature,\u201d but claimed that Ms. Chavez \u201cinitiated the sexual communication.\u201d Doc. 22-1 at 5.Depending on what reasonably can be considered (1) discussion of an \u201cemployment relationship\u201d and (2) initiation of \u201csexual overtures,\u201d the may have mixed up the communicants and reversed the chronology. Only if Plaintiff's question at 1:13 p.m. on May 14, 2018, \u201chey, are you working for during the summer?\u201d can be treated as the beginning of a job offer, does discussion of an employment relationship clearly precede the initiation by Ms. Chavez (not Plaintiff) of \u201csexual overtures\u201d when at 10:59 p.m. that same day Ms. Chavez sent Plaintiff an email with the subject files\u201d and the first line \u201cXrated. Xfiles.\u201d Doc. 22-2 at 40; Id. at 42. Attached was a photograph of a couple, well-dressed in golfing attire, with the male's crotch encircled in red and the female's breasts similarly circled. Id. at 43. This was three days before Plaintiff first mentioned what might be characterized as a somewhat equivocal job offer to Chavez have a for next semester am waiting for some grant money to come in and if it does may be able to hire you don't want to promise because don't want to disappoint you)\u2024\u201d Id. at 53.The next series of email exchanges that appear to contain sexual innuendos followed Ms. Chavez's complaint at 7:09 p.m. on May 21, 2018, of \u201csevere intense pain\u201d and Plaintiff's responding offer to help ease that pain. Id. at 130\u2013 31. The following three days were filled with communications full of sexual undertones that eventually morphed into more explicit, sometimes risible, sexual overtones. See id. at 130, 154\u201359, 169\u201373. If Ms. Chavez's May 14, 2020, email is not considered the first message with \u201csexual overtures,\u201d the first sexually explicit declamation might be found at various points within this rather vapid chitchat. Either way, at 9:13 p.m. on May 25, 2018, the banter culminated with what unquestionably was a sexually explicit declaration by Plaintiff when he very graphically described his anticipated sexual performance. Id. at 169.Despite the possibility that the OEO's Proposed Letter of Determination got the sequence of events wrong, the Court believes that possible error does not change the ultimate result. 4. This district has followed the Sixth Circuit's approach to procedural due process in a student disciplinary case. See Lee v. Univ. of New Mexico, 449 F.Supp.3d 1071, 1128\u201329 (D.N.M. Mar. 30, 2020). For all the reasons set forth in this Memorandum Opinion and Order, the Court declines to extend the reasoning of Lee to this case. 5. The did not credit Ms. Chavez's statement about an inherent power differential between herself and Plaintiff. Rather, the cited to the University's policy on consensual relationships and noted that the University has explicitly recognized the inherent power differential that exists between faculty and students. Doc. 22-1 at 21. 6. These quotations are taken from the OEO's Preliminary Letter of Determination. See Doc. 22-1. The OEO, however, adopted all the findings included in the preliminary letter in its Final Letter of 2/17/25, 3:37 v (2020) | FindLaw 15/25 Determination. See Doc. 22-5 at 3 (\u201c[P]lease be advised the Preliminary Letter of Determination is unchanged.\u201d). 7. The Court previously noted its concern about the OEO's description of the timing of the job offer and the beginning of \u201csexual overtures\u201d between Plaintiff and Ms. Chavez. See supra n.3. At this juncture, it is worth explaining why any potential error regarding that sequence of events does not impact the Court's analysis. Importantly, Plaintiff and Ms. Chavez were engaged in the mutual exchange of flirtatious emails by the time Plaintiff formally requested that a contract be prepared for Ms. Chavez's employment at 1:42 p.m. on May 21, 2018. Doc. 22-2 at 126. Following that email, however, sexual innuendo progressed to the overtly sexual, including Plaintiff's graphic description on May 25, 2018, of anticipated sexual acts. Id. at 169. The continued and escalating sexually explicit communications after Plaintiff requested that a contract be prepared for Ms. Chavez's hire, support the OEO's finding that Ms. Chavez's continued engagement in those communications was an implied term of her hire. See Doc. 22- 1 at 21. As the explained, \u201c[a]n implicit term is the opposite of a direct statement.\u201d Id. Rather, in this case, the found that Ms. Chavez's participation in those sexually explicit communications was \u201cenfold[ed]\u201d and \u201centwine[d]\u201d in the offer of employment. Id. The Court agrees that the chronology of communications supports that finding. 8. For example, the found that Plaintiff retaliated against Ms. Chavez based on the timing of emails between Plaintiff and Ms. Chavez and Plaintiff's reporting of Ms. Chavez's conduct. In particular, \u201con July 2, 2018, [Ms. Chavez] notified [Plaintiff] of a meeting with Associate Dean Kathryn Jacobson and additionally said she would eventually meet with \u2018CW\u2019 (believed to be Dean Craig White).\u201d Doc. 30 at 25. The observed that was \u201cthe very same day [Plaintiff] went to the Dean of Students\u2019 Office complaining about the volume of communications from [Ms. Chavez].\u201d Id. 9. The Magistrate Judge included Plaintiff's administrative appeals of the OEO's policy determinations as part of her post-deprivation analysis. Doc. 36 at 20. Accordingly, Plaintiff includes those administrative appeals as part of the post-deprivation process he challenges. Doc. 39 at 15. Because Plaintiff's appeal to the University President and the Board of Regents occurred prior to Plaintiff's suspension, the Court treats those administrative appeals as part of Plaintiff's pre-deprivation process. As noted above, the Court considers Plaintiff's suspension the adverse employment action against him. 10. Plaintiff seems to assert that the peer review hearing did not comport with due process because he \u201cwas specifically prohibited from challenging any of the conclusions or factual findings of the Office of Equal Opportunity.\u201d Doc. 39 at 15. But as the Court has repeatedly stressed, Plaintiff did not contest before the OEO, and has not contested before the Court, the authenticity of the documented communications between himself and Ms. Chavez. \u201c[I]f the hearing mandated by the Due Process Clause is to serve any useful purpose, there must be some factual dispute between an employer and a discharged employee[.]\u201d Codd v. Velger, 429 U.S. 624, 627, 97 S.Ct. 882, 51 L.Ed.2d 92 (1977) (discussing 2/17/25, 3:37 v (2020) | FindLaw 16/25 due process requirements of a non-tenured employee asserting a liberty interest claim). Here, just as in Codd, Plaintiff \u201cdoes not challenge the substantial truth of the material in question[.]\u201d Id. at 627\u201328, 97 S.Ct. 882. And like Codd, Plaintiff's characterization of the admitted facts is \u201cnot enough to raise an issue about the substantial accuracy\u201d of the OEO's decision. Id. at 628, 97 S.Ct. 882. Plaintiff has already admitted all the relevant facts. 11. The Tenth Circuit has stated that \u201c[w]hile not necessary in every case, procedural due process often requires confrontation and cross-examination of those whose word deprives a person of his livelihood.\u201d West, 967 F.2d at 369 (quoting Walker v. United States, 744 F.2d 67, 70 (10th Cir. 1984)); see also Wolff v. McDonnell, 418 U.S. 539, 567, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974) (\u201c[C]onfrontation and cross-examination \u2024 are not rights universally applicable to all hearings.\u201d). This is particularly true when allegations \u201cmight stain a reputation and threaten a livelihood.\u201d McGhee v. Draper, 564 F.2d 902, 911\u201312 (10th Cir. 1977). But the right to cross-examine an accuser appears to be limited to post-deprivation hearings. See, e.g., Williamson v. City of Edmond, 201 F.3d 450, n.6 (10th Cir. 1999) (unpublished table decision) (\u201cCross-examination is generally considered a due process requirement at full-blown post- deprivation hearings.\u201d (emphasis in original)); Tonkovich v. Kansas Bd. of Regents, 159 F.3d 504, 517\u201318 (10th Cir. 1998); West, 967 F.2d at 369; McGhee, 564 F.2d at 911 (considering what due process requires for post-termination proceedings). 12. The Magistrate Judge noted that Plaintiff appeared to raise a third Title claim in his Motion based on retaliation. See Doc. 36 at 21 n.9. Plaintiff failed, however, to argue that claim in his Motion, so the Magistrate Judge did not consider it. Further, Plaintiff failed to resurrect any Title retaliation claim in his Objections. Thus, to the extent Plaintiff asserted a Title retaliation claim in his Motion, that claim is waived. 13. The Magistrate Judge explained that \u201c[Plaintiff's] erroneous outcome claim is premised on his constitutional due process claim.\u201d Doc. 36 at 22. Indeed, Plaintiff argued in his Motion that he \u201cwas not afforded due process in that he was not given a hearing, an opportunity to present his own defense, or an opportunity to confront or cross-examine his own accuser.\u201d Doc. 22 at 21. Having concluded that Plaintiff had not shown that he was likely to succeed on his constitutional due process claim, the Magistrate Judge likewise concluded that Plaintiff \u201cha[d] not shown that the OEO's findings and the University's sanctioning process were the result of \u2018procedural flaws affecting the proof,\u2019 [and thus] he fail[ed] to establish a prima facie case for his erroneous outcome claim.\u201d Doc. 36 at 22 (internal citation and footnote omitted).Now Plaintiff claims that \u201c[t]his is simply incorrect: procedural flaws need not rise to the level of a constitutional violation in order to create articulable doubt for purposes of a Title erroneous outcome claim.\u201d Doc. 39 at 17. Instead of premising his Title claim on his procedural due process claim, Plaintiff repackages it. He maintains that in addressing his Title claim, the Magistrate Judge should have separately analyzed his assertions that he was denied an in-person hearing and the opportunity to cross-examine Ms. Chavez and to present witnesses. The Court interprets Plaintiff's 2/17/25, 3:37 v (2020) | FindLaw 17/25 arguments in his Objections to be inconsistent with the position he advanced in his Motion. Underscoring that conclusion is the single case that Plaintiff cited in his Motion in support of his Title erroneous outcome claim. That case, Doe v. University of Connecticut, 2020 406356, at *3 (D. Conn. Jan 23, 2020), discusses procedural due process, not Title IX. Doc. 22 at 21. Because Plaintiff's new arguments are raised for the first time in his Objections to the Proposed Findings and Recommended Disposition, the Court deems them waived. See Standing Akimbo v. United States through Internal Revenue Serv., 955 F.3d 1146, 1154 (10th Cir. 2020) (\u201c[T]he Taxpayers have waived this argument by not raising it until objecting to the magistrate judge's recommendation.\u201d).Plaintiff also asserts (again, for the first time in his Objections) that the removed the investigator originally assigned to his case,\u201d and that the investigator who was removed had \u201ca more favorable tone towards Plaintiff than the final report issued by Defendant Cliffe.\u201d Doc. 39 at 18. Unlike the other alleged procedural irregularities identified by Plaintiff, his Motion did not take issue with that personnel change in either his procedural due process claim or his Title claims. It is procedurally improper for Plaintiff to raise new arguments in his Objections to the Magistrate Judge's Proposed Findings and Recommended Disposition. See Standing Akimbo, LLC, 955 F.3d at 1154.Nevertheless, overlooking that waiver would not help Plaintiff, because he has again failed to establish the prima facie case for an erroneous outcome claim. The Court considers the merits of Plaintiff's claim in the alternative above. 14. In Mazurek, the Supreme Court explained the clear showing requirement necessary to support injunctive relief. The Supreme Court observed:[i]f the motion at issue here were a defendant's motion for summary judgment, and if the plaintiff's only basis for proceeding with the suit were a claim of improper legislative purpose, one would demand some evidence of that improper purpose in order to avoid a nonsuit. And what is at issue here is not even a defendant's motion for summary judgment, but a plaintiff's motion for preliminary injunctive relief, as to which the requirement for substantial proof is much higher. \u201cIt frequently is observed that a preliminary injunction is an extraordinary and drastic remedy, one that should not be granted unless the movant, by a clear showing, carries the burden of persuasion.\u201d 11A C. Wright, A. Miller, & M. Kane, Federal Practice and Procedure \u00a7 2948, pp. 129\u2013130 (2d ed.1995).Mazurek, 520 U.S. at 972, 117 S.Ct. 1865 (emphases in original). 15. The allegations contained in Plaintiff's Objections were not advanced in his Motion. Rather, Plaintiff cites to allegations made in his Amended Complaint. See Doc. 39 at 20\u201321 (citing Doc. 17). Because Plaintiff did not raise these arguments in his Motion, the Court need not consider them. See Standing Akimbo, LLC, 955 F.3d at 1154. Even so, the Court will consider those allegations in the alternative above. 16. Plaintiff asks the Court to follow Lee, where the district court credited statements that the DOJ's monitorship created pressure for University of New Mexico \u201cto better respond to female complaints against male students, and not all sexual misconduct complaints against all students.\u201d Lee, 449 F.Supp.3d at 1144. But Lee was decided on a motion to dismiss, and the district court emphasized that it 2/17/25, 3:37 v (2020) | FindLaw 18/25 was drawing all reasonable inferences in favor of the complaint. Id. at at 1144\u201345. As the Court has already explained, in order to be entitled to an injunction, Plaintiff must provide some evidence in support of his claims. See Port City Props., 518 F.3d at 1190\u201391. Plaintiff has not done so. 17. Plaintiff does not object to the Magistrate Judge's conclusion regarding his claim that the parties were treated differently regarding potential violations of the OEO's no-contact directive until his Reply in support of his Objections. See Doc. 48 at 9. Plaintiff argues that it \u201cdefies credulity\u201d that he and Ms. Chavez were treated differently when the accepted jurisdiction over her claim that Plaintiff violated the OEO's no-contact directive, but not Plaintiff's claim that Ms. Chavez had engaged in similar conduct. Doc. 48 at 9.As the Court has previously noted, Plaintiff did not seek leave of the Court to file his Reply. Nevertheless, the Court has considered it. But the Court will not consider new objections raised for the first time in a reply brief in support of objections to a proposed findings and recommended disposition. Plaintiff has waived any objection to the Magistrate Judge's conclusion that Plaintiff \u201cfail[ed] to demonstrate that he was in fact treated differently[.]\u201d Doc. 36 at 25.But even if the Court were to consider Plaintiff's improperly raised objection, Plaintiff admitted that Ms. Chavez had not filed the Request with the Albuquerque Journal. Doc. 22-15 at 1. Based on that admission, the was left with no basis to accept jurisdiction over his claim. Tr. at 74:23\u201325, 75:1\u20136. Plaintiff's assertion that he was treated differently than Ms. Chavez on account of his gender is not supported by the record. 18. The Court's conclusion on this factor is not an indication of the Court's belief as to whether Plaintiff may ultimately succeed on the merits of these claims. 19. The Court, like the Magistrate Judge, will not determine whether the injunctions Plaintiff seeks are mandatory in nature, such that a heightened showing is required. See Free the Nipple-Fort Collins v. City of Fort Collins, Colo., 916 F.3d 792, 797 (10th Cir. 2019). The Court adopts the Magistrate Judge's reasoning that \u201cbecause [Plaintiff] has not satisfied the standard requirements for an injunction,\u201d it need not reach \u201ca disposition regarding whether the injunction [Plaintiff] seeks is mandatory in nature.\u201d Doc. 36 at 14 Was this helpful? Yes No 2/17/25, 3:37 v (2020) | FindLaw 19/25 Welcome to FindLaw's Cases & Codes free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law. Go to Learn About the Law v (2020) Docket No: Civ. No. 20-27 Decided: June 20, 2020 Court: United States District Court, D. New Mexico. 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Terms > | Privacy > | Disclaimer > | Cookies > 2/17/25, 3:37 v (2020) | FindLaw 25/25", "8515_103.pdf": "From Casetext: Smarter Legal Research Flor v. Bd. of Regents of Univ. of May 13, 2021 539 F. Supp. 3d 1176 (D.N.M. 2021) Copy Citation Download Check Treatment Delegate legal research to CoCounsel, your new legal assistant. Try CoCounsel free Civ. No. 20-27 05-13-2021 Nick Vincent FLOR, Plaintiff, v. The the et al., Defendants. Carter B. Harrison, IV, Nicholas Thomas Hart, Harrison & Hart, LLC, Albuquerque, NM, Samantha Harris, Pro Hac Vice, Allen Harris PLLC, Narberth, PA, for Plaintiff. Alisa Wigley-DeLara, Conklin, Woodcock & Ziegler, PC, Albuquerque, NM, for Defendants The Board of Regents of the Sign In Search all cases and statutes... Opinion Case details 2/17/25, 3:37 Flor v. Bd. of Regents of Univ. of N.M., 539 F. Supp. 3d 1176 | Casetext Search + Citator 1/40 James A. Parker University of New Mexico, Kevin Gick, Lisa Broidy, Karin High, Stephen Bishop, Eric Lau. Eva Chavez, Pro Se. *1180 1180 Carter B. Harrison, IV, Nicholas Thomas Hart, Harrison & Hart, LLC, Albuquerque, NM, Samantha Harris, Pro Hac Vice, Allen Harris PLLC, Narberth, PA, for Plaintiff. Alisa Wigley-DeLara, Conklin, Woodcock & Ziegler, PC, Albuquerque, NM, for Defendants The Board of Regents of the University of New Mexico, Kevin Gick, Lisa Broidy, Karin High, Stephen Bishop, Eric Lau. Eva Chavez, Pro Se James A. Parker Plaintiff Nick Flor, a tenured professor at the University of New Mexico (\"UNM\"), was suspended without pay for one year after he was found to have violated university policies against quid pro quo sexual harassment and retaliation. In this lawsuit, Plaintiff alleges, inter alia , that various university employees violated his right to procedural due process, and he seeks damages, as well as injunctive and declaratory relief. Defendants Stephen Bishop, Lisa Broidy, Kevin Gick, Karin High, and Eric Lau (collectively \"Individual Defendants\")\u2014the employees who were involved in the hearing process through which Plaintiff challenged his suspension\u2014move for summary judgment on Counts ( 42 U.S.C. \u00a7 1983 (injunctive relief), and (declaratory judgment) of Plaintiff's (\"SAC\"), Doc. 68. Plaintiff opposes the Motion and asks the Court to defer ruling on it to allow him an opportunity to take discovery under Federal Rule of Civil Procedure (\"Rule\") 56(d). Individual Defendants filed a reply in support of their Motion. 1 2 3 2/17/25, 3:37 Flor v. Bd. of Regents of Univ. of N.M., 539 F. Supp. 3d 1176 | Casetext Search + Citator 2/40 1 See (\"Motion\"), Doc. 79. 2 See (\"Response\"), Doc. 85. 3 See (\"Reply\"), Doc. 91. Having reviewed the briefs, the record, and the applicable law, the Court concludes that the Motion should be and that Plaintiff's Rule 56(d) request for limited discovery should be The facts of this case, viewed in the light most favorable to Plaintiff, are as follows. This lawsuit stems from UNM's one-year suspension of Plaintiff, an Associate Professor in UNM's Anderson School of Management, after the Office of Equal Opportunity (\"OEO\") determined that Plaintiff violated university policies against sexual harassment and retaliation. In early 2019, the concluded that Plaintiff (1) engaged in quid pro quo sexual harassment of Defendant Eva Chavez (\"Ms. Chavez\"), a graduate student in the *1181 Anderson School of Management, in violation of Administrative Policies and Procedures Manual - Policy 2740: Sexual Misconduct (2018) (\"Policy 2740\"), and (2) retaliated against Ms. Chavez in violation of Administrative Policies and Procedures Manual - Policy 2720: Prohibited Discrimination and Equal Opportunity (2018) (\"Policy 2720\") when she threatened to report to administrators the sexual communications she and Plaintiff had exchanged via email and text messages between May and July 2018. See Resp., Ex at 20\u201322 ; Resp., Ex. P. Plaintiff appealed the OEO's determination to the President of UNM, who denied Plaintiff's appeal, and then to the Board of Regents, which likewise denied his appeal. See at \u00b6\u00b6 72\u201375. 4 1181 5 6 7 2/17/25, 3:37 Flor v. Bd. of Regents of Univ. of N.M., 539 F. Supp. 3d 1176 | Casetext Search + Citator 3/40 4 See (\"Complaint\"), Doc. 1 at 5\u201322. 5 Policy 2740 was amended in August 2020 and differs from the 2018 version. The conduct at issue in this case is controlled by the 2018 version of Policy 2740. The Court takes judicial notice of Policy 2740 (2018), available at and Administrative Policies and Procedures Manual - Policy 2740: Sexual Harassment Including Sexual Assault (Interim) (2020), available at policies/2000/2740.html. See Fed. R. Evid. 201(b) (providing that courts \"may judicially notice a[n adjudicative] fact that is not subject to reasonable dispute because it: (1) is generally known within the trial court's territorial jurisdiction; or (2) can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned\"); St. Louis Baptist Temple, Inc. v. Fed. Deposit Ins. Corp. , 605 F.2d 1169, 1172 (10th Cir. 1979) (explaining that \"[t]he scope and reach of the doctrine of judicial notice has been enlarged over the years until today it includes those matters that are verifiable with certainty\"). 6 Policy 2720 was also amended in August 2020 and differs from the 2018 version. The conduct at issue in this case is controlled by the 2018 version of Policy 2720. The Court takes judicial notice of Policy 2720 (2018), available at rsity-policies/2000/2720.html, and Administrative Policies and Procedures Manual - Policy 2720: Prohibited Discrimination and Equal Opportunity (Interim) (2020), available at policies/2000/2720.html. 7 The Court notes that the version of the OEO's Preliminary Letter of Decision (\"PLOD\") attached to Plaintiff's Response as Exhibit is missing page 22 of 23. This is a recurring problem in Plaintiff's filings. See Motion\"), Doc. 22, Ex (Doc. 22-1). However, the missing page of the can be found elsewhere in the record, specifically in Defendants\u2019 response to Plaintiff's Motion. See INJUNCTION, Doc. 30 at 25. 2/17/25, 3:37 Flor v. Bd. of Regents of Univ. of N.M., 539 F. Supp. 3d 1176 | Casetext Search + Citator 4/40 In October 2019 School of Law Vice Dean Camille Carey, who had been tasked with recommending an appropriate sanction, informed Plaintiff that he was being suspended without pay for twelve months, beginning January 1, 2020 and ending December 31, 2020. See Mot., Ex. K. In accordance with the procedures set forth in Faculty Handbook C07: Faculty Disciplinary Policy (\"Policy C07\"), Plaintiff requested a faculty peer hearing to challenge his suspension. See Resp., Ex. E; Resp., Ex at \u00a7\u00a7 10\u201311. Defendant Stephen Bishop, an Associate Professor of French at and Chair of UNM's Faculty Ethics and Advisory Committee, coordinated the hearing process, including securing two of the three members for the hearing panel, but did not serve on the panel that reviewed Plaintiff's suspension. See Mot. at 5 (Individual Defendants\u2019 Undisputed Material Facts (\"Defs.\u2019 UMF\") 1\u20134); Mot., Ex at \u00b6\u00b6 2\u20134, 6, 7, 10. Defendant Lisa Broidy, a Professor of Sociology and member of the Faculty Ethics *1182 and Advisory Committee, and Defendant Karin High, a Professor of Anesthesiology and member of the Faculty Ethics and Advisory Committee, agreed to serve on the panel, with Defendant Broidy agreeing to serve as the panel's chairperson. See Defs 5\u20136; Mot., Ex at \u00b6\u00b6 2\u20133 ; Mot., Ex at \u00b6\u00b6 2\u20133. In accordance with Policy C07, the Provost selected the panel's third member, Defendant Eric Lau, Chair of the Music Department. See Defs 7; Mot., Ex at \u00b6\u00b6 2\u20133. Defendant Kevin Gick, Associate University Counsel, consulted with and advised the panel about process and procedure in conducting the hearing. See Defs 8; Mot., Ex at \u00b6\u00b6 2\u20134. 1182 8 8 The Court notes that Individual Defendants filed a ERRATA, Doc. 80, correcting Exhibit to the Motion. For simplicity, and because the portions of Defendant Broidy's Declaration cited were not affected by the correction, the Court references the original Exhibit rather than the corrected Exhibit at Doc. 80-1. Although Defendant Bishop did not serve on the panel, he communicated with Plaintiff at the beginning of the process regarding the scope of the peer hearing and what evidence Plaintiff would be allowed to submit. See Mot., Ex at \u00b6 4; Resp., Ex at \u00b6 9. Defendant Bishop \"advised\" Plaintiff that the hearing panel \"would be tasked to review the sanction against [Plaintiff] and would not review the investigation of the Office of Equal Opportunity and its findings and determinations with respect to Professor Flor.\" Mot., Ex 2/17/25, 3:37 Flor v. Bd. of Regents of Univ. of N.M., 539 F. Supp. 3d 1176 | Casetext Search + Citator 5/40 at \u00b6\u00b6 4\u20135; see also Resp., Ex at \u00b6 11. He did so based on his understanding that \"[t]his scope of review was consistent with Policy C07, which tasked the panel with \u2018uphold[ing] or revers[ing] the proposal to suspend the faculty member without pay.\u2019 \" Mot., Ex at \u00b6 5 (alterations in original) (quoting Policy C07). On December 3, 2019, the panel sent an email to Plaintiff and Vice Dean Carey, the respondent in the hearing, introducing the panel's members, explaining the hearing process, and notifying the parties that the panel would hold a pre-hearing meeting with the parties on December 17, 2019. See Resp., Ex at 1. On December 4, 2019, the panel met with Defendant Gick and discussed \"general hearing related matters as well as a request from the [sic] Dr. Flor that they reschedule the pre-hearing meeting so that his lawyer could be there.\" Id. On December 9, 2019, the panel informed the parties via email that \"[t]he underlying nature of this hearing procedure is that it is a faculty driven process\" and that the panel \"will not deviate from standard practice and allow [Plaintiff's] attorney to directly represent [Plaintiff] during the hearing.\" Resp., Ex at 1. The panel stated that it was unpersuaded that the \"mere fact\" that Vice Dean Carey, a faculty member in the School of Law, is an attorney and \"trained in the field to which her faculty appointment pertains\" warranted a departure from standard practice. See Resp., Ex at 1. Reiterating that \"the hearing is a faculty driven process[,]\" the panel also denied Plaintiff's request to reschedule the December 17 pre-hearing meeting. Id. at 2. The panel explained that the purpose of the pre-hearing meeting was to \"discuss logistics such as scheduling\" and allow the parties to \"present statement(s) of the issue(s) they would like the Panel to decide\" and indicated that \"[n]o substantive decisions will be made at the meeting.\" Id. Finding that \"the presence of advisors is not strictly necessary at the meeting[,]\" the panel informed the parties that participation in the pre- hearing meeting would be limited to the panel chairperson and the parties. Id. *1183 At the pre-hearing meeting, Plaintiff argued that \"the hearing cannot consider the fairness of the sanctioning process and outcome without consideration of the fairness of the process and decision underlying the sanction\" and asked the panel to consider three issues: (1) \"[w]hether followed appropriate policy and process in arriving at their decision;\" 1183 2/17/25, 3:37 Flor v. Bd. of Regents of Univ. of N.M., 539 F. Supp. 3d 1176 | Casetext Search + Citator 6/40 (2) \"[w]hether the process that led to the sanction followed policy;\" and (3) \"[t]he appropriateness of the sanction.\" Resp., Ex at 12. Vice Dean Carey \"rejected\" the first and second issues as being \"outside ... the intended scope of the hearing\" but agreed that the scope of the hearing should include the appropriateness of the sanction. Id. Following the pre-hearing meeting, Defendant Broidy conferred with the full panel regarding what issues should be included in the scope of the panel's review and what evidence would be admissible. See id. at 12, 13. The panel determined that it would consider whether followed appropriate policy and process in arriving at their decision\" but would consider (1) whether the process that led to the sanction followed Policy C07, and (2) the appropriateness of the sanction. Id. at 13 (emphasis in original). In discussing the panel's decision not to consider anything related to the OEO's process and decision, Defendant Broidy explained that it was the panel's \"understanding that the process for appealing the process and determination has already been exhausted via appropriate channels (appeal to the President and Board of Regents). As such the hearing will not re-weigh the evidence gathered or considered, nor will it re-evaluate their process or determination.\" Id. Commensurate with its decision to limit the scope of the hearing to the sanctioning process and the sanction itself, the panel agreed to allow the introduction of evidence related to the underlying complaint only \"to the extent that evidence considered by has bearing on our determination of whether the C07 sanctioning process was followed appropriately and whether the sanction was fair[.]\" Id. The panel \"reserve[d] the right to exclude or ignore evidence submitted or presented if we determine it is irrelevant to our determination of the appropriateness of the sanctioning process or outcome.\" Id. On January 13, 2020, Defendant Broidy sent a letter to Plaintiff and Vice Dean Carey, informing them that the hearing had been set for February 21, 2020 and detailing the hearing process, including deadlines for submitting exhibits and witness lists and procedures to be followed during the hearing. See Resp., Ex. C. After the parties submitted their witness lists and exhibits, Vice Dean Carey moved to exclude certain exhibits submitted by Plaintiff, as well as one of his witnesses. See Resp., Ex at 1\u20137. Vice Dean Carey noted that Plaintiff had submitted \"1,018 pages of exhibits[,]\" most of which, she 2/17/25, 3:37 Flor v. Bd. of Regents of Univ. of N.M., 539 F. Supp. 3d 1176 | Casetext Search + Citator 7/40 contended, \"were the basis for the underlying findings of sexual harassment and retaliation.\" Id. at 3. She argued that Plaintiff was \"attempting to circumvent the Panel's decision that it will only consider the sanction and not re-weigh the evidence gathered or considered[,]\" id. at 3\u20134 (quotation marks omitted), and asked the panel to exclude many of Plaintiff's exhibits as either irrelevant, inflammatory and prejudicial, or untimely. See id. at 3\u20136. The panel reserved ruling on Vice Dean Carey's motion and took up her requests as a preliminary matter at the hearing. See Resp., Ex at 2; see also Resp., Ex at 3. Plaintiff voluntarily agreed to strike the witness Vice Dean Carey sought to exclude, and the panel decided \"not to exclude any of the evidence submitted by Dr. Flor[.]\" Resp., Ex at 3. The panel, *1184 however, \"clarified that the onus is on Dr. Flor to testify as to why or how the evidence he has submitted to the panel (particularly numerous emails and text messages between himself and the graduate student involved in the initial complaint/violations that le[d] to the sanction under appeal) is relevant to his appeal of the sanction.\" Id. During the hearing, Plaintiff called four witnesses but did not testify himself. See id. Vice Dean Carey also called four witnesses, three of whom were witnesses also called by Plaintiff. See id. Each party had the opportunity to make an opening and closing statement, introduce evidence, and question and cross-examine witnesses. See id. at 3\u2013 8. After the hearing concluded, the panel met to discuss the testimony and evidence and prepare for a planned follow-up meeting. See id. at 3. At the follow-up meeting on February 26, 2020, the panel reached consensus on the two issues presented and, in March 2020, issued its decision. See id. at 1, 3, 8. 1184 9 9 The record does not contain a recording or transcript of the hearing. The Court's understanding of what transpired at the hearing is based on the panel's written decision, which summarizes those aspects of the testimony, evidence, and arguments relevant to the panel's analysis. The panel found \"no process irregularities or procedural flaws\" in the sanctioning process \"that would invalidate the process on procedural grounds.\" Id. at 4\u20135. The panel also rejected each of Plaintiff's arguments as to why the sanction was too harsh. See id. at 5\u20137. In explaining its conclusion, the panel \"note[d] that Dr. Flor submitted a great deal of evidence with no 2/17/25, 3:37 Flor v. Bd. of Regents of Univ. of N.M., 539 F. Supp. 3d 1176 | Casetext Search + Citator 8/40 clear link to the panel's task\u2014to determine the fairness and proportionality of the sanction he received.\" Id. at 8. The panel observed that Plaintiff \"did not testify on his own behalf, despite the panel's notification that it would rely on his testimony to guide [its] determination of whether and how to weight the evidence he submitted.\" Id. at 3. Noting that \"the burden was on Dr. Flor to guide the panel towards a preponderance of evidence in support of his arguments regarding procedural irregularities and substantive disproportionality that would suggest the sanction he received was flawed or unfair[,]\" the panel concluded that he \"did not do so\" and upheld Plaintiff's one-year suspension without pay. Id. at 8 On December 31, 2019, Plaintiff filed suit in New Mexico state court against UNM, the Board of Regents, and seven named defendants President Garnett Stokes, Vice Dean Carey, then Director Francie Cordova, Title Coordinator Angela Catena Investigator Sara Cliffe, Associate University Counsel Emma Rodriguez, who advised Vice Dean Carey during the sanctioning process and at the peer review hearing, and Defendant Gick. See REMOVAL, Doc. 1 at 5, 6\u20138. After the case was removed to this Court, Plaintiff filed a COMPLAINT, Doc. 17, in which he named as defendants UNM, Vice Dean Carey, Angela Catena, Sara Cliffe, and Ms. Chavez. Defendants UNM, Carey, Catena, and Cliffe (\"University Defendants\") moved to dismiss certain claims brought in the First Amended Complaint. See COMPLAINT, *1185 Doc. 40. The Court granted University Defendants\u2019 motion to partially dismiss the First Amended Complaint and granted Plaintiff leave to amend. See ORDER, Doc. 64. 10 1185 10 The other defendants named in the original Complaint\u2014i.e., the Board of Regents, Garnett Stokes, Francie Cordova, Emma Rodriguez, and Defendant Gick\u2014were removed as parties in the FAC. Se id. at 1. On August 31, 2020, Plaintiff filed his SAC, naming as defendants the Board of Regents of UNM, Individual Defendants, and Ms. Chavez , and bringing multiple counts against various defendants, including: a claim against 11 2/17/25, 3:37 Flor v. Bd. of Regents of Univ. of N.M., 539 F. Supp. 3d 1176 | Casetext Search + Citator 9/40 Individual Defendants for civil damages under 42 U.S.C. \u00a7 1983 based on alleged due process violations (Count I); a request for injunctive relief against the Board of Regents and Individual Defendants (Count II); and a request for declaratory relief under the federal Declaratory Judgment Act, 28 U.S.C. \u00a7 2201, and the New Mexico Declaratory Judgment Act, N.M. Stat. Ann. \u00a7 44-6-1 et seq. , brought against the Board of Regents and Individual Defendants (Count at 28\u201334. 12 11 Ms. Chavez has not appeared in this matter. 12 Plaintiff also brings claims for breach of contract (Count IV), breach of the covenant of good faith and fair dealing (Count V), and violation of Title (Count VI) against the Board of Regents, as well of a claim for malicious abuse of process against Ms. Chavez (Count VII), none of which are a subject of the Motion. See at 34\u201340. Individual Defendants move for summary judgment on Counts I, II, and III. See Mot. They argue that they are entitled to judgment as a matter of law on Count \"under the doctrines of absolute immunity and qualified immunity\" and on Counts and because they \"are unable and have no authority to provide Plaintiff with the type of injunctive or declaratory relief sought.\" Id. at 1 Summary judgment is appropriate if \"there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.\" Fed. R. Civ. P. 56(c). When presented with motions for summary judgment, courts \"review the evidence and draw inferences in the light most favorable to the nonmoving party.\" Watson ex rel. Watson v. Beckel , 242 F.3d 1237, 1239 (10th Cir. 2001). \"The party moving for summary judgment has the burden to show that he is entitled to judgment under established principles; and if he does not discharge that burden, he is not entitled to judgment.\" Sec. Nat. Bank v. Belleville Livestock Comm'n Co. , 619 F.2d 840, 848 (10th Cir. 1979). The standard for reviewing a motion for summary judgment is different when a \u00a7 1983 defendant raises qualified immunity as a defense. \"When a defendant asserts qualified immunity at summary judgment, the burden shifts to the plaintiff to show that: (1) the defendant violated a 2/17/25, 3:37 Flor v. Bd. of Regents of Univ. of N.M., 539 F. Supp. 3d 1176 | Casetext Search + Citator 10/40 constitutional right and (2) the constitutional right was clearly established.\" Halley v. Huckaby , 902 F.3d 1136, 1144 (10th Cir. 2018) (quotation marks and citation omitted). \"If, and only if, the plaintiff meets this two-part test does a defendant then bear the traditional burden of the movant for summary judgment[.]\" Id. (quotation marks and citation omitted I. Individual Defendants are Entitled to Summary Judgment on Count Based on Qualified Immunity Individual Defendants contend that summary judgment on Plaintiff's \u00a7 1983 claim is proper for two reasons: (1) because they have absolute immunity from suit, or, alternatively, (2) because they are entitled to *1186 qualified immunity. See Mot. at 9\u201321. Although the Court concludes that Individual Defendants have not met their burden of demonstrating that they are entitled to absolute immunity, the Court agrees with Individual Defendants that qualified immunity shields them from liability. 1186 A. Individual Defendants Have Not Established That They Are Entitled to Absolute Immunity \"Absolute immunity, which affords complete protection from liability for damages, defeats suit at the outset.\" Horwitz v. State Bd. of Med. Exam'rs , 822 F.2d 1508, 1512 (10th Cir. 1987). \"On the other hand, \u2018qualified immunity\u2019 is an affirmative defense to be asserted by a government official performing discretionary functions.\" Id. \"[T]he line between absolute immunity and qualified immunity often is not an easy one to perceive and structure.\" Cleavinger v. Saxner , 474 U.S. 193, 206, 106 S.Ct. 496, 88 L.Ed.2d 507 (1985). \"The problem of defining the appropriate scope of immunity becomes more perplexing in the context of officials who perform hybrid functions.\" Mee v. Ortega , 967 F.2d 423, 426 (10th Cir. 1992). Government officials are entitled to absolute immunity only if (1) their functions are \"similar to those involved in the judicial process,\" (2) their actions are \"likely to result in damages lawsuits by disappointed parties,\" and (3) there are \"sufficient safeguards in the regulatory framework to control unconstitutional 2/17/25, 3:37 Flor v. Bd. of Regents of Univ. of N.M., 539 F. Supp. 3d 1176 | Casetext Search + Citator 11/40 conduct.\" Horwitz , 822 F.2d at 1513. \"The presumption is that qualified rather than absolute immunity is sufficient to protect government officials in the exercise of their duties.\" Burns v. Reed , 500 U.S. 478, 486\u201387, 111 S.Ct. 1934, 114 L.Ed.2d 547 (1991). \"[T]he official seeking absolute immunity bears the burden of showing that such immunity is justified for the function in question.\" Id. at 486, 111 S.Ct. 1934 ; see Robinson v. Volkswagenwerk , 940 F.2d 1369, 1370 (10th Cir. 1991) (\"Given the sparing recognition of absolute immunity by both the Supreme Court and this court, one claiming such immunity must demonstrate clear entitlement.\"). Individual Defendants argue that the functions they performed \"relative to the Peer Hearing demonstrate that the conduct at issue satisfies each of the Horwitz factors.\" Mot. at 13. Specifically, they contend that (1) they \"were acting in a quasi-judicial role in their review of the sanction and the sanctioning process[,]\" id. ; (2) \"the present lawsuit is \u2018ample proof\u2019 that the Peer Hearing panel's decision has and would likely result in other damage lawsuits by disappointed parties[,]\" id. at 14 (quoting Gressley v. Deutsch , 890 F. Supp. 1474, 1491 (D. Wyo. 1994) ); and (3) the hearing \"was conducted with procedural safeguards in place and conducted on the record[,]\" Mot. at 14. Regarding the specific \"procedural safeguards\" that were in place, they point to the fact that the hearing panel utilized UNM's Model Hearing Procedures in conducting the hearing, considered all evidence submitted and excluded no witnesses from testifying, allowed Plaintiff's attorney to be present for the hearing, and allowed Plaintiff to cross-examine all adverse witnesses. See id. at 12\u201313. They also note that while the panel's decision \"was not subject to judicial review, it was subject to additional review by the Provost/Chancellor, and the President of the Board of Regents[,]\" which Plaintiff did not seek. Id. at 14. Although the Court agrees that the Horwitz framework applies, the Court finds that the analysis governing whether Individual Defendants are entitled to absolute immunity is more nuanced than presented by Individual Defendants. Factors *1187 courts must consider in evaluating a claim to absolute quasi-judicial immunity include 1187 (a) the need to assure that the individual can perform his functions without harassment or intimidation; (b) the presence of safeguards 2/17/25, 3:37 Flor v. Bd. of Regents of Univ. of N.M., 539 F. Supp. 3d 1176 | Casetext Search + Citator 12/40 that reduce the need for private damages actions as a means of controlling unconstitutional conduct; (c) insulation from political influence; (d) the importance of precedent; (e) the adversary nature of the process; and (f) the correctability of error on appeal. Cleavinger , 474 U.S. at 202, 106 S.Ct. 496 ; see Moore v. Gunnison Valley Hosp. , 310 F.3d 1315, 1317\u201319 (10th Cir. 2002) (applying the Cleavinger factors in determining whether a hospital peer-review committee was entitled to absolute immunity); Mee , 967 F.2d at 426\u201329 (explaining that \" [c]onsideration of the factors outlined in Cleavinger necessarily informs our decision\" regarding whether a parole officer was entitled to absolute or qualified immunity). Under a more nuanced consideration, particularly of the procedural-safeguard factors, the Court concludes that Individual Defendants have failed to establish that they are entitled to absolute immunity. Indeed, a close reading of the cases cited by Individual Defendants in support of their absolute immunity argument counsels against finding absolute immunity in this case because there are insufficient safeguards in the regulatory framework to prevent unconstitutional conduct. Horwitz involved a claim of absolute immunity by members of the Colorado State Board of Medical Examiners\u2014a statutorily created board whose members are appointed by the governor and who enjoy \"[b]road judicial and prosecutorial powers\"\u2014who were sued by a podiatrist whose license the Board had summarily suspended. Id. , 822 F.2d at 1509\u201310, 1511. The regulatory framework governing disciplinary proceedings before the Board was set forth in statute and provided, inter alia , that a person against whom disciplinary charges were brought had the \"opportunity to respond and appear in his own defense with counsel\" at an evidentiary hearing. Id. at 1511. Fifteen days after the Board suspended his license, Dr. Horwitz had \"a full evidentiary hearing before a qualified hearing officer\" at which he \"was represented by counsel and was afforded a full opportunity to present evidence, express his positions and to fully cross-examine all witnesses.\" Id. at 1510. Although the Board disagreed with the hearing officer's recommendation that Dr. Horwitz's license be immediately reinstated, it placed Dr. Horwitz on a one-year probation, subject to supervision and complying with certain requirements. Id. After Dr. Horwitz appealed the 2/17/25, 3:37 Flor v. Bd. of Regents of Univ. of N.M., 539 F. Supp. 3d 1176 | Casetext Search + Citator 13/40 Board's decision to the Colorado Court of Appeals, which affirmed the Board's decision except for one of the requirements it imposed, he brought a \u00a7 1983 claim against the members of the Board for violation of his Fourteenth Amendment due process rights. Id. On the foregoing facts, the Tenth Circuit affirmed the district court's determination that the Board members were entitled to absolute immunity, reasoning that (1) the Board members \"performed statutory functions both adjudicatory and prosecutorial in nature\" and that their \"duties are \u2018functionally comparable\u2019 to a court of law[,]\" and (2) \"[t]here exist adequate procedural safeguards under Colorado law to protect against unconstitutional conduct without reliance upon private damages lawsuits.\" Id. at 1515. Next, in Saavedra v. City of Albuquerque , 859 F. Supp. 526 (D.N.M. 1994), a firefighter who was fired after testing positive for marijuana sued, among others, the personnel hearing officer who conducted a post-termination hearing and recommended affirming the termination, and the *1188 City of Albuquerque Personnel Board, which conducted an on-record review of the hearing officer's findings and upheld the termination. See id. at 528. At his post-termination hearing, the firefighter \"had a right to the benefit of counsel and the opportunity to present evidence, elicit testimony and cross- examine witnesses.\" Id. And under City Ordinance, he had the opportunity to appeal the Personnel Board's decision to state district court. See id. In concluding that the hearing officer and Personnel Board were entitled to absolute immunity, the district court emphasized the importance of the existence of particular procedural safeguards to protect against unconstitutional conduct without having to resort to a private action for damages. See id. at 532. Specifically, the district court noted that the hearing officer \"is a professional hearing officer\" who, under City ordinance, was required to be a licensed attorney or experienced in labor arbitration and \"is not considered an employee of the City.\" See id. at 528, 530. It further noted that \"constitutional violations can be corrected on appeal in the state district court.\" Id. at 530. Stating that \"[t]he best bulwarks against ... unconstitutional conduct are a neutral and detached decisionmaker and adequate judicial review[,]\" the district court found both of the critical safeguards not only present but also \"buttressed by additional protections, such as the adversary nature of the process, a right to counsel, and a right to 1188 2/17/25, 3:37 Flor v. Bd. of Regents of Univ. of N.M., 539 F. Supp. 3d 1176 | Casetext Search + Citator 14/40 cross-examine witnesses\" and, therefore, concluded the hearing officer and Personnel Board were entitled to absolute immunity. Id. at 532\u201333. Finally, in Gressley , a tenured university professor was dismissed for cause after a two-week hearing conducted by a faculty hearing committee. See id. , 890 F. Supp. at 1481. The professor appealed the committee's decision to the university's Board of Trustees, which, after reviewing the record and the committee's findings and hearing oral arguments, sustained the professor's termination. See id. at 1481\u201382. When the professor sued the Board of Trustees and others under \u00a7 1983, the Board of Trustees argued that it was entitled to absolute immunity because it \"acted exclusively in an appellate capacity, reviewing a record of a de novo hearing at which [the professor] enjoyed a full panoply of rights; reviewed briefings by [the professor's] counsel; and heard argument by [the professor's] counsel.\" Id. at 1489 (quotation marks and record citation omitted). The district court agreed, finding that the Board of Trustees was functioning in an adjudicatory capacity in hearing the professor's appeal and that \"sufficient safeguards\" existed in the regulatory framework governing the professor's appeal. See id. at 1491. The district court specifically noted that the Board of Trustees\u2019 review was \"limited to the record\" of the faculty hearing committee's proceedings, which were required to consist of \"verbatim recordings\" under university policy, and that judicial review of the termination was available under the Wyoming Administrative Procedure Act. Id. Critical procedural safeguards that were present as part of the regulatory framework in Horwitz, Saavedra , and Gressley \u2014specifically, the right to representation by counsel and judicial review\u2014are absent here. The regulatory framework at issue in this case in fact states that the \"standard practice\" in proceedings challenging a suspension is to not allow representation by counsel during the review process. See Resp., Ex at \u00a7 3.3 (\"Parties may consult freely with their advisors throughout the hearing, but advisors may not speak for the parties unless the panel determines that one or both parties are unable fairly to present their case except through their advisor.\"); Resp. at Ex *1189 (explaining that Plaintiff's panel \"will not deviate from standard practice and allow [Plaintiff's] attorney to directly represent [Plaintiff] during the hearing\"). It is undisputed that Plaintiff's attorney was not allowed to represent him during the peer review process. 1189 2/17/25, 3:37 Flor v. Bd. of Regents of Univ. of N.M., 539 F. Supp. 3d 1176 | Casetext Search + Citator 15/40 The panel repeatedly emphasized to Plaintiff that its review of his sanction was a \"faculty driven process\" and relied on that fact to deny Plaintiff's requests to have his attorney present his case. Indeed, the emphasis on the nature of the proceedings as a \"faculty driven process\" tends to minimize the \"adversary\" nature of the process, which further weighs against according absolute immunity here. See Cleavinger , 474 U.S. at 202, 106 S.Ct. 496. Moreover, Plaintiff did not have the opportunity to seek judicial review of his suspension, an important safeguard that allows for correctability on appeal. Individual Defendants rely on Saavedra in arguing that \"[t]he procedural safeguards at issue for purposes of applying absolute immunity do not mandate a rigorous constitutional due process analysis\" and that the lack of an opportunity for judicial review should not be dispositive here. See Mot. at 14. Their reliance is misplaced and ignores the fact that the district court in Saavedra expressly found that one of the \"best bulwarks against ... unconstitutional conduct\" is \"adequate judicial review[,]\" a safeguard that is not present here. Saavedra , 859 F. Supp. at 532. The Court is not convinced that Plaintiff's ability to seek review of the panel's decision by the Provost/Chancellor and the President or Board of Regents is a meaningful substitute for independent judicial review or supports a finding that the regulatory framework had adequate safeguards to protect against unconstitutional conduct. Given the language of Policy C07 that \"[t]he panel's decision may be reviewed on the record by the Provost/Chancellor, but the panel's decision shall not be reversed or modified except in the case of clear error\" and that review by the President or Board of Regents is \"discretionary[,]\" Resp., Ex at 3 (emphasis added), the Court fails to see how the internal university review process as set forth in Policy C07\u2014a process in which there is a presumption of validity of the panel's decision\u2014 weighs in favor of finding that there existed adequate procedural safeguards entitling Individual Defendants to absolute immunity. Two additional aspects of the peer review framework weigh against according absolute immunity to Individual Defendants. First, it appears that faculty peer review panels lack the authority to subpoena witnesses and compel testimony under penalty of perjury, which are important safeguards that help ensure that an accused has the ability to fully confront 2/17/25, 3:37 Flor v. Bd. of Regents of Univ. of N.M., 539 F. Supp. 3d 1176 | Casetext Search + Citator 16/40 and cross-examine witnesses. See Resp., Ex at \u00a7 2.1.2 (if a party \"is having difficulty getting cooperation from a potential witness or source of evidence\" and requests assistance, the panel \"shall assist the party in gaining the necessary cooperation within the [institutional] community\" but offering no guarantee of an opportunity to confront one's accusers). And second, regarding independence and insulation from political influence, the Court finds it significant that Individual Defendants are university professors who are temporarily diverted from their primary teaching and research functions when they serve, on an ad hoc basis, on a peer review panel. See Cleavinger , 474 U.S. at 203\u20134, 106 S.Ct. 496 (finding that the fact that members of a prison disciplinary committee \"are not professional hearing officers\" but rather are prison officials who are \"temporarily diverted from their usual duties\" weighed against affording them absolute immunity). They are not, as *1190 in Saavedra , professional hearing officers, or, as in Horwitz , governor-appointed members of a board with standing disciplinary review panels. The Court does not mean to suggest that officials may never be entitled to absolute immunity unless they are professional hearing officers or serving in a term-appointed position. However, the facts that (1) the panel's members were selected after Plaintiff sought review, i.e., were not already sitting when the need for review arose, (2) one of the panel's members was selected by the Provost, who could be called upon to review the panel's decision, and (3) all of the panel members are employed by tend to weigh against finding that there existed sufficient independence and insulation from political influence built into the regulatory framework to warrant extending absolute immunity to Individual Defendants. See Moore v. Gunnison Valley Hosp. , 170 F. Supp. 2d 1080, 1087 (D. Colo. 2001) (stating that \"ad hoc appointments are less satisfactory than the use of committees created to serve for a time certain and which are already sitting when the need for review arises\" and finding that the \"ad hoc nature\" of the hospital peer review committee in that case made it \"less comparable to any established judiciary because there exists a risk that the appointing officer may select predisposed individuals\" and weighed against granting absolute immunity); cf. Horwitz , 822 F.2d at 1511, 1515 (affirming the district court's grant of absolute immunity to members of a statutorily created board of medical examiners comprised of both licensed physicians 1190 2/17/25, 3:37 Flor v. Bd. of Regents of Univ. of N.M., 539 F. Supp. 3d 1176 | Casetext Search + Citator 17/40 and members of the public at large, all appointed by the governor and serving in predesignated panels). In sum, the Court concludes that Individual Defendants have failed to meet their burden of establishing that they are entitled to absolute immunity from Plaintiff's \u00a7 1983 claim. As the Court next discusses, qualified immunity is sufficient to protect Individual Defendants in this case. B. Individual Defendants are Entitled to Qualified Immunity Individual Defendants alternatively argue that they are entitled to qualified immunity on Count because it was not clearly established in February 2020 that Plaintiff was entitled to a post-deprivation hearing different in scope and procedure than the hearing he received. See Mot. at 17\u201322. Plaintiff counters that Individual Defendants\u2019 actions\u2014specifically, (1) denying him the right to be represented by counsel at the hearing despite that the respondent in the proceeding, Vice Dean Carey, is an attorney, and (2) limiting the scope of the hearing, which prevented him from being able to confront and cross-examine his accuser, Ms. Chavez, and challenge the OEO's underlying findings of policy violations\u2014violated his clearly established right to due process. See Resp. at 14\u201319. The Court agrees with Individual Defendants that Plaintiff has failed to meet his burden of showing that the alleged deprivations violated constitutional rights of which every reasonable official would have known, i.e., were clearly established constitutional violations for which Individual Defendants should be subjected to monetary damages. See Reply at 9\u201312. 1. Qualified Immunity Analysis \"The doctrine of qualified immunity shields officials from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.\" Mullenix v. Luna , 577 U.S. 7, 11, 136 S.Ct. 305, 193 L.Ed.2d 255 (2015) (per curiam) (quotation marks and citations omitted). \"Where the law is not clearly established, courts do not require officials to anticipate its future developments, and qualified immunity is therefore appropriate.\" *1191 Lawrence v. Reed , 406 F.3d 1224, 1230 (10th Cir. 2005). \"If qualified immunity 1191 2/17/25, 3:37 Flor v. Bd. of Regents of Univ. of N.M., 539 F. Supp. 3d 1176 | Casetext Search + Citator 18/40 is to mean anything, it must mean that public employees who are just doing their jobs are generally immune from suit.\" Kerns v. Bader , 663 F.3d 1173, 1180 (10th Cir. 2011) (quotation marks and citation omitted). When a defendant invokes qualified immunity, the plaintiff bears a \"heavy two-part burden\" of establishing (1) that \"the defendant's actions violated a federal constitutional or statutory right\" and (2) that \"the right at issue was clearly established at the time of the defendant's unlawful conduct.\" Medina v. Cram , 252 F.3d 1124, 1128 (10th Cir. 2001) (quotation marks and citation omitted). The plaintiff bears the burden of establishing both elements, and failure on either \"is fatal to the plaintiff's cause.\" Kerns , 663 F.3d at 1180. Courts are \"permitted to exercise their sound discretion in deciding which of the two prongs of the qualified immunity analysis should be addressed first in light of the circumstances in the particular case at hand.\" Pearson v. Callahan , 555 U.S. 223, 236, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009). One circumstance in which courts should proceed directly to the second prong of the analysis is when \"tackling the first element \u2018may create a risk of bad decisionmaking\u2019 due to inadequate briefing.\" Kerns , 663 F.3d at 1181 (quoting Pearson , 555 U.S. at 239, 129 S.Ct. 808 ). The Court elects to proceed directly to step two of the qualified immunity analysis because it finds that the parties have inadequately briefed the issue of whether Individual Defendants\u2019 actions violated Plaintiff's right to due process. 2. Plaintiff Fails to Meet His Burden of Showing that Individual Defendants Violated a Clearly Established Right To overcome Individual Defendants\u2019 assertion of qualified immunity, Plaintiff must demonstrate that every reasonable official in Individual Defendants\u2019 positions would have known that (1) denying Plaintiff's request to have his attorney present his case, and/or (2) limiting the scope of the hearing and refusing to reconsider the OEO's findings violated Plaintiff's right to due process. See Mullenix , 577 U.S. at 11, 12, 136 S.Ct. 305 (explaining that \"[a] clearly established right is one that is sufficiently clear that every reasonable official would have understood that what he is doing violates that right\" and reminding courts that \"[t]he dispositive question is whether the violative nature of particular conduct is clearly established\" and that the 2/17/25, 3:37 Flor v. Bd. of Regents of Univ. of N.M., 539 F. Supp. 3d 1176 | Casetext Search + Citator 19/40 \"inquiry must be undertaken in light of the specific context of the case, not as a broad general proposition\" (quotation marks and citation omitted)). To do this, Plaintiff must show that \"Supreme Court or Tenth Circuit case law exists on point\" or that \"the clearly established weight of authority from other circuits found a constitutional violation from similar actions.\" Murrell v. Sch. Dist. No. 1 , 186 F.3d 1238, 1251 (10th Cir. 1999) (quotation marks and citation omitted). He has not so much as attempted to do so. Instead, Plaintiff first argues that the Court should defer ruling on the Motion and allow him to conduct limited discovery under Rule 56(d) because he cannot fully and fairly contest Individual Defendants\u2019 statement of undisputed facts without the opportunity to conduct discovery. See Doc. 85 at 11\u201314. He next argues\u2014without adequate citation to authority, as the Court discusses below\u2014that Individual Defendants are not entitled to qualified immunity because their actions violated Plaintiff's clearly established constitutional rights. See id. at 14\u201319. Finally, Plaintiff asks the Court to \"revisit the doctrine of qualified immunity\" and \"begin [its] abolishment[.]\" *1192 See id. at 19\u201322. For the reasons that follow, the Court concludes that Plaintiff's arguments fail to overcome Individual Defendants\u2019 assertion of qualified immunity. 1192 a. Deferral or Denial of the Motion Under Rule 56(d) to Allow Plaintiff to Conduct Limited Discovery is not Warranted Under Rule 56(d), courts may defer consideration of or deny a motion for summary judgment and allow the nonmovant time to take discovery if the nonmovant \"shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its opposition[.]\" Fed. R. Civ. P. 56(d)(1), (2). The protections of Rule 56(d) \"can be applied only if a party satisfies certain requirements.\" Price ex rel. Price v. W. Res., Inc. , 232 F.3d 779, 783 (10th Cir. 2000). The plain language of the rule makes clear that a nonmovant seeking relief under Rule 56(d) must meet both procedural and substantive requirements. Formally, the nonmovant must furnish either an affidavit or declaration. See Rule 56(d) ; Price , 232 F.3d at 783 prerequisite to granting relief ... is an affidavit furnished by the nonmovant.\" (quotation marks and citation omitted)). Substantively, \"a non-movant 2/17/25, 3:37 Flor v. Bd. of Regents of Univ. of N.M., 539 F. Supp. 3d 1176 | Casetext Search + Citator 20/40 requesting additional discovery under Rule 56(d) must specify (1) the probable facts not available, (2) why those facts cannot be presented currently, (3) what steps have been taken to obtain these facts, and (4) how additional time will enable the party to obtain those facts and rebut the motion for summary judgment.\" Gutierrez v. Cobos , 841 F.3d 895, 908 (10th Cir. 2016) (brackets, quotation marks, and citation omitted). The nonmovant's burden is to \"demonstrate precisely how additional discovery will lead to a genuine issue of material fact.\" Ben Ezra, Weinstein, & Co., Inc. v. Am. Online Inc. , 206 F.3d 980, 987 (10th Cir. 2000) (emphasis added). Although district courts have discretion to grant Rule 56(d) discovery requests, which \"should be treated liberally unless dilatory or lacking in merit[,]\" that discretion \"is not without bounds, particularly when the summary judgment motion is grounded on a claim of qualified immunity[.]\" Lewis v. City of Ft. Collins , 903 F.2d 752, 758 (10th Cir. 1990) (quotation marks and citation omitted). \"When the summary judgment motion is based on qualified immunity, the non-movant's Rule 56(d) affidavit must also demonstrate a connection between the information he would seek in discovery and the validity of the defendant's qualified immunity assertion.\" Gutierrez , 841 F.3d at 908 (brackets, quotation marks, and citation omitted). \"[I]t is insufficient for the party opposing the motion to merely assert that additional discovery is required to demonstrate a factual dispute or that evidence supporting a party's allegation is in the opposing party's hands.\" Id. (quotation marks and citation omitted). Plaintiff has satisfied the procedural requirement of Rule 56(d). Plaintiff attached to his Response the declaration of his attorney, Nicholas T. Hart, in which Mr. Hart sets forth an explanation in support of Plaintiff's request to take discovery under Rule 56(d). See Resp., Ex. S. However, *1193 regarding Rule 56(d) \u2019s substantive requirement\u2014i.e., what facts Plaintiff wants to discover and to what end\u2014Plaintiff has not met his burden. 13 1193 13 In their Reply, Individual Defendants state that Mr. Hart's declaration \"was not attached to the Response brief\" and argue that the Court should deny Plaintiff's request for limited discovery because he failed to comply with Rule 56(d) \u2019s procedural requirement. See Reply at 7\u20138. The Court's docket shows that Mr. Hart's declaration, referred to as Exhibit to Plaintiff's Response, was docketed at Doc. 85-19 on November 11, 2020, the day the 2/17/25, 3:37 Flor v. Bd. of Regents of Univ. of N.M., 539 F. Supp. 3d 1176 | Casetext Search + Citator 21/40 Response was filed. The docket contains no notations indicating that any modifications were made to docket entry 85 after the Response and exhibits attached thereto were filed. It is unclear to the Court why Individual Defendants believe they did not have access to Mr. Hart's declaration in preparing their Reply. Although Mr. Hart identifies with relative clarity and specificity what documents Plaintiff would like to discover and the discovery (e.g., depositions) Plaintiff would like to take, he fails to address, in either his declaration or Plaintiff's Response, the critical question of how discovery of particular facts will help Plaintiff rebut Individual Defendants\u2019 claim to qualified immunity. Mr. Hart states that if allowed to conduct limited discovery, \"Plaintiff believes that he will be able to uncover communications and records which demonstrate that the University manipulated its policies and procedures to deprive Plaintiff of his constitutional rights.\" Id. at \u00b6 30. Setting aside the general, speculative nature of what Plaintiff indicates he hopes to discover, he offers no explanation of how uncovering evidence that the University \"manipulated its policies and procedures\" can help him show that Individual Defendants\u2019 conduct violated a clearly established due process right. Plaintiff has not, for example, alleged a due process violation based on a biased-tribunal theory, in which case evidence of intentional manipulation of policies by certain defendants may arguably be relevant to defeating those defendants\u2019 claim of qualified immunity claim. Plaintiff's vague, unspecific identification of what he hopes to uncover through limited discovery fails to provide the requisite connection between the discovery sought and the validity of Individual Defendants\u2019 qualified immunity assertion. See Lewis , 903 F.2d at 758\u201359 (concluding that a plaintiff's unspecific assertions that \"she \u2018will be able to show\u2019 certain facts relative to her claims of discriminatory animus on the part of City officials\" were \"simply insufficient to meet Rule 56 ([d]) muster when defendants\u2019 claim of qualified immunity is at issue\"). 14 14 For example, Mr. Hart specifies that Plaintiff seeks to \"obtain communications and documents between witnesses and parties to his peer hearing\" as well as the recordings of his pre-hearing meeting and the hearing itself. See Resp., Ex at \u00b6\u00b6 20, 24, 25. He also seeks \"the notes that the panel members and Vice Dean Carey took during the proceeding[,]\" the notes taken by staff at the hearing, and to depose Individual Defendants as 2/17/25, 3:37 Flor v. Bd. of Regents of Univ. of N.M., 539 F. Supp. 3d 1176 | Casetext Search + Citator 22/40 well as non-party Barbara Rodriguez Senior Vice Provost. See id. at \u00b6\u00b6 26, 27, 35. Mr. Hart also states in his declaration that additional discovery will allow Plaintiff to \"rebut Defendants\u2019 assertion that Plaintiff was allowed to, but chose not to, call Defendant Chavez as a witness at the hearing, and Defendants\u2019 assertion that the peer hearing panel could review \u2018any procedural irregularities\u2019 that could invalidate the sanctioning outcome[,]\" and will also allow him to \"fully rebut the assertion that [Plaintiff] had the ability, but failed[,] to present[ ] exculpatory evidence through testimony from peer hearing witnesses.\" Resp., Ex at \u00b6 31. These explanations miss the point and, again, fail to demonstrate how the discovery sought bears upon the dispositive question here: whether Individual Defendants are entitled to qualified immunity, a question that turns not on whether Plaintiff can demonstrate that Individual Defendants prevented him from calling Ms. Chavez and improperly limited the scope of the hearing but rather on whether it was clearly established that doing so violated Plaintiff's right to due process. Because Plaintiff has not met his burden under Rule 56(d) of showing how the facts he hopes to discover are essential to his opposition to Individual Defendants\u2019 *1194 assertion of qualified immunity, the Court will deny his request for limited discovery. 1194 b. Plaintiff Has Not Demonstrated That the Law Was Clearly Established That the Alleged Procedural Deficiencies Violated Plaintiff's Right to Due Process Plaintiff next argues that Individual Defendants \"are not entitled to qualified immunity because their actions violated Plaintiff's clearly established constitutional rights.\" Resp. at 14. According to Plaintiff, \"the Tenth Circuit has announced, in several factually similar cases, general constitutional principles that apply to the Individual Defendants\u2019 actions in this case, which amount to deliberate and egregious violations of Plaintiff's constitutional rights.\" Id. at 15. But Plaintiff neither directs the Court's attention to any of the \"several factually similar cases\" nor specifies which \"general constitutional principles\" purportedly \"apply\" in resolving the question of qualified immunity presented here. See id. at 14\u201319. Plaintiff also 2/17/25, 3:37 Flor v. Bd. of Regents of Univ. of N.M., 539 F. Supp. 3d 1176 | Casetext Search + Citator 23/40 argues, tellingly, that the Court \"should not permit the Individual Defendants to escape liability for their knowing violation of Plaintiff's due process rights even in the absence of a case with this precise fact pattern.\" Id. at 19. Plaintiff's arguments are unavailing. The Supreme Court has described the standard for determining whether officials have violated a clearly established right as \"exacting\" and repeatedly stated that qualified immunity \" \u2018gives government officials breathing room to make reasonable but mistaken judgments\u2019 by \u2018protecting all but the plainly incompetent or those who knowingly violate the law.\u2019 \" City and Cty. of San Francisco, Calif. v. Sheehan , 575 U.S. 600, 135 S. Ct. 1765, 1774, 191 L.Ed.2d 856 (2015) (brackets omitted) (quoting Ashcroft v. al-Kidd , 563 U.S. 731, 741, 131 S.Ct. 2074, 179 L.Ed.2d 1149 (2011) ). While it is true that \"general statements of the law are not inherently incapable of giving fair and clear warning\" to government officials that certain conduct is unconstitutional, \"in the light of pre-existing law the unlawfulness must be apparent.\" White v. Pauly , \u2013\u2013\u2013 U.S. \u2013\u2013\u2013\u2013, 137 S. Ct. 548, 552, 196 L.Ed.2d 463 (2017) (per curiam) (quotation marks and citations omitted). If the plaintiff cannot point to a case directly on point, the standard by which courts must judge whether the law was clearly established is that \"existing precedent must have placed the statutory or constitutional question beyond debate.\" al-Kidd , 563 U.S. at 741, 131 S.Ct. 2074. Here, Plaintiff asserts that \"[a]ny reasonable official in the Individual Defendants\u2019 position would have known that allowing an experienced attorney to proceed as though this were a formal legal proceeding complete with rules of evidence, while denying Plaintiff, a non-lawyer, the right to legal representation, was a violation of Plaintiff's due process rights.\" Resp. at 17. He also contends that it was a \"clear violation of his right to due process\" that he \"was never given a hearing or the opportunity to question witnesses in a context that would have allowed him to exonerate himself of the university's charges against him[.]\" Id. at 18. But he neither cites a Supreme Court or Tenth Circuit case directly on point nor identifies precedent placing the question of the unconstitutionality of the alleged conduct beyond debate. See id. And while true that factual identicality is not required where a general statement of law is capable of giving fair and clear warning of the unconstitutionality of particular conduct, see Hope v. Pelzer , 2/17/25, 3:37 Flor v. Bd. of Regents of Univ. of N.M., 539 F. Supp. 3d 1176 | Casetext Search + Citator 24/40 536 U.S. 730, 741, 122 S.Ct. 2508, 153 L.Ed.2d 666 (2002), Plaintiff fails to convince the Court that this is a case in which \"a general constitutional rule already identified in decisional law [applies] with obvious *1195 clarity to the conduct in question,\" id. (quotation marks and citation omitted), thereby alleviating Plaintiff of his burden of identifying a case where the very action in question has been previously held unconstitutional. 1195 Importantly, when it comes to the question of what process is constitutionally due, it is well-established that \"not all situations calling for procedural safeguards call for the same kind of procedure.\" Morrissey v. Brewer , 408 U.S. 471, 481, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972). \"The fundamental requirement of due process is the opportunity to be heard at a meaningful time and in a meaningful manner.\" Mathews v. Eldridge , 424 U.S. 319, 333, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976) (quotation marks and citation omitted). Beyond that, \"the process due in any given instance is determined by weighing \u2018the private interest that will be affected by the official action\u2019 against the Government's asserted interest, \u2018including the function involved\u2019 and the burdens the Government would face in providing greater process.\" Hamdi v. Rumsfeld , 542 U.S. 507, 529, 124 S.Ct. 2633, 159 L.Ed.2d 578 (2004) (quoting Mathews , 424 U.S. at 335, 96 S.Ct. 893 person's right to due process is not necessarily violated simply because he or she is not afforded certain procedures that may be provided, even required, in other contexts. See, e.g. , West v. Grand Cty. , 967 F.2d 362, 369 (10th Cir. 1992) (explaining that \"confrontation and cross-examination are not rights universally applicable to all hearings\" and that \"whether the Due Process Clause requires that the terminated employee be offered the right to cross-examine or confront witnesses depends upon the significance and nature of the factual disputes at issue\" (alteration, quotation marks, and citation omitted)). Moreover, when both pre-deprivation and post-deprivation process are provided, the adequacy, in a constitutional sense, of either depends on the safeguards provided in the other. See Benavidez v. City of Albuquerque , 101 F.3d 620, 626 (10th Cir. 1996) (explaining that \"[w]hen the pre-termination process offers little or no opportunity for the employee to present his side of the case, the procedures in the post-termination hearing become much more important\" but that \"when the employee has had a meaningful opportunity to explain his position and challenge his dismissal 2/17/25, 3:37 Flor v. Bd. of Regents of Univ. of N.M., 539 F. Supp. 3d 1176 | Casetext Search + Citator 25/40 in pre-termination proceedings, the importance of the procedures in the post-termination hearing is not as great\"). Given the inherently flexible nature of due process, see Mathews , 424 U.S. at 332, 96 S.Ct. 893 (explaining that due process, \"unlike some legal rules, is not a technical conception with a fixed content unrelated to time, place and circumstances\"), it is all the more important that a \u00a7 1983 plaintiff alleging violations of procedural due process demonstrate\u2014through citation to relevant authority\u2014that it was clearly established that the specific procedural safeguard at issue was due to the plaintiff. Cf. Cummings v. Dean , 913 F.3d 1227, 1240\u201341 (10th Cir. 2019) (explaining that in the context of substantive due process challenges, courts must be \"especially sensitive to whether existing relevant precedents ... squarely governed the particular circumstances the [defendant] faced\" because \"the standard for liability for a violation of a person's substantive due-process rights is broad and general\" and because \"consideration of whether a person's substantive due-process rights have been infringed requires a balancing of the person's constitutionally protected interests against the relevant state interests\" (brackets, quotation marks, and citations omitted)). Plaintiff simply has not done so as to either of the *1196 specific safeguards he argues were due to him by Individual Defendants. 1196 i. The Right to Counsel In support of his argument that Individual Defendants\u2019 denial of his request to have his attorney represent him during the hearing process violated a clearly established due process right, Plaintiff cites a single case: Workman v. Jordan , 32 F.3d 475 (10th Cir. 1994). See Resp. at 16\u201317. In Workman , the Tenth Circuit indeed stated that \"[a] \u2018full posttermination hearing\u2019 is understood to include the right to representation by an attorney and the right to cross-examine adverse witnesses.\" Id. , 32 F.3d at 480 (citing Melton v. City of Okla. City , 928 F.2d 920, 939 (10th Cir. 1991) (Logan, J., dissenting)). But neither that statement nor anything about Workman can be said to have put Individual Defendants on notice that disallowing Plaintiff's attorney from representing him during the hearing process constituted a deprivation of Plaintiff's right to due process. 2/17/25, 3:37 Flor v. Bd. of Regents of Univ. of N.M., 539 F. Supp. 3d 1176 | Casetext Search + Citator 26/40 In Workman , the plaintiff, a captain in the sheriff's department, was fired after being accused of sexual harassment. See id. , 32 F.3d at 477. At his post- termination hearing, he was represented by an attorney, who had the opportunity to present evidence, make arguments, and examine and cross- examine witnesses. See id. at 477\u201378. After being reinstated and awarded backpay, the captain brought \u00a7 1983 claims alleging due process and First Amendment violations. See id. at 477\u201378. In addition to alleging \"a long list of procedural errors during his investigation and pretermination hearing,\" he alleged that the \"posttermination hearing was inadequate\" because the sheriff and an undersheriff refused to comply with his requests for documents and encouraged witnesses not to participate in the hearing, and because the hearing officer lacked authority to issue subpoenas, rule on motions in limine, and grant prehearing motions to dismiss. Id. at 480. In reversing the district court's denial of the defendants\u2019 motion to dismiss the plaintiff's due process claim, the Tenth Circuit first stated that it found it \"difficult to evaluate any grievance procedure as inadequate when the employee was reinstated and given full back pay.\" Id. The court then offered its observation that \"[a] \u2018full posttermination hearing\u2019 is understood to include the right to representation by an attorney and the right to cross- examine adverse witnesses.\" Id. Explaining that \"[w]hen a procedure produces full protection, we need not examine the procedure for error[,]\" the court concluded that the plaintiff failed to show that the alleged procedural deficiencies violated any clearly established constitutional right and dismissed his due process claim. Id. 15 15 The plaintiff in Workman brought two separate procedural due process claims: one based on the alleged deprivation of his property interest in continued employment, and the other based on the alleged deprivation of his liberty interest in his good name and reputation as it affected his protected property interest in continued employment. See id. at 479\u201380. The Court's discussion of Workman relates only to the Tenth Circuit's analysis of the property-interest due process claim, which is the only section of the Tenth Circuit's opinion that Plaintiff cites. Not only is Workman factually distinguishable, but even on the general question of what process is due in depriving a person of a property interest in continued employment, Workman does not stand for the proposition that 2/17/25, 3:37 Flor v. Bd. of Regents of Univ. of N.M., 539 F. Supp. 3d 1176 | Casetext Search + Citator 27/40 a terminated (or, as here, suspended) public employee is necessarily denied due process unless he or she is afforded the opportunity to be represented by counsel in a post-termination hearing. The Workman court was not even *1197 presented with the question of whether prohibiting representation by counsel at a post-deprivation hearing violated due process, making its statement regarding that \"right\" dictum. See McClure v. Indep. Sch. Dist. No. 16 , 228 F.3d 1205, 1211 (10th Cir. 2000) (referring to the subject statement from Workman as \"dicta\"); Thompson v. Weyerhaeuser Co. , 582 F.3d 1125, 1129 (10th Cir. 2009) (\"Dicta are statements and comments in an opinion concerning some rule of law or legal proposition not necessarily involved nor essential to determination of the case in hand.\" (quotation marks and citation omitted)). Plainly, Workman is of no aid to Plaintiff in demonstrating that Individual Defendants violated a clearly established right by refusing to allow his attorney to present his case. 1197 While relying on dictum in Workman , Plaintiff also attempts to distinguish that case, arguing that in his case, \"the unfairness went beyond simply denying Plaintiff the right to be actively represented by counsel.\" Resp. at 16. Specifically, he takes issue with the fact that Individual Defendants, while at the same time denying him the right to representation by counsel, \"permitted [Vice] Dean Carey \u2013 the respondent in the hearing and an experienced litigator \u2013 to treat the hearing like a judicial proceeding, accepting formal motions from her such as an 18-page Motion to Exclude Plaintiff's evidence.\" Id. This, he argues, was so fundamentally unfair that it would have been obvious to any reasonable person in Individual Defendants\u2019 position that it violated Plaintiff's right to due process not to allow his attorney to present his case. See id. at 17. The Court disagrees, particularly given the facts in this case. It bears clarifying that although Plaintiff emphasizes that Vice Dean Carey is a trained attorney with experience practicing law, the record is clear that she was not functioning as an attorney in the faculty peer hearing process. Not only is Vice Dean Carey, who has been a member of UNM's faculty since 2009 and was involved in legal education prior to joining UNM, not admitted to practice law in New Mexico, see Resp., Ex. M, she, like Plaintiff, had counsel who \"accompanied\" her to the hearing but who was not allowed to actively present her case to the panel, see Resp., Ex at 2. To the extent 2/17/25, 3:37 Flor v. Bd. of Regents of Univ. of N.M., 539 F. Supp. 3d 1176 | Casetext Search + Citator 28/40 Vice Dean Carey's educational background arguably gave her some sort of advantage in the hearing process, nothing in the record\u2014let alone caselaw\u2014 supports concluding that it should have been obvious to Individual Defendants that denying Plaintiff's request to have his attorney present his case rendered the hearing constitutionally unfair and denied Plaintiff due process. Notably, despite \"accepting\" and considering Vice Dean Carey's motion, Individual Defendants effectively denied it when they decided not to exclude any of the evidence Plaintiff submitted. See Resp., Ex at 3. Plaintiff ignores this critical fact and points to no other example of how Vice Dean Carey's legal training or her conduct during the proceedings even arguably disadvantaged Plaintiff such that Individual Defendants\u2019 refusal to allow his lawyer to present his case constituted a clear and obvious denial of due process. The record contains no indication, for example, that Plaintiff was prevented from consulting freely with his attorney during the hearing and indeed reflects that Plaintiff intelligibly, albeit unavailingly, advanced arguments, presented evidence, and developed witness testimony during his hearing, either with or without the assistance of his attorney. See generally id. Plaintiff has identified nothing even tending to suggest that his hearing before Individual Defendants was rendered fundamentally unfair by the fact that he was required to present his own case while another faculty member, *1198 who happened to be trained as a lawyer, presented the opposing case. 1198 The Court concludes that Plaintiff has failed to meet his burden to show that his right to counsel in the specific context of this case was clearly established such that Individual Defendants\u2019 deprivation of that right should subject them to civil liability. ii. The Right to Challenge the OEO's Findings The other procedural safeguard that Plaintiff contends Individual Defendants unconstitutionally deprived him of was \"the opportunity to challenge the findings of\" the that Plaintiff's conduct violated university policies at \u00b6\u00b6 238\u201340. Plaintiff does not dispute that under Policy C07, \"the scope of review of the Peer Hearing was to \u2018uphold or reverse the proposal to suspend the faculty member without pay.\u2019 \" Defs 12; see Resp. at 1 (\"Plaintiff does not dispute Defendants\u2019 undisputed material facts numbers ... 10 \u2013 12 \" (emphasis added)). He does, however, 2/17/25, 3:37 Flor v. Bd. of Regents of Univ. of N.M., 539 F. Supp. 3d 1176 | Casetext Search + Citator 29/40 dispute Individual Defendants\u2019 assertion that the panel members \"did not have discretion to deviate from the scope of review[,]\" Defs 13, and argues that Policy C07 \"does not itself prohibit the hearing panel from taking account of the underlying factual disputes when making [its] determination\" about the propriety of the sanction. Resp. at 2. Plaintiff is correct that Policy C07 contains no express prohibition against reconsidering the OEO's factual determinations under the facts of this case. But even accepting that Individual Defendants had discretion to reconsider the OEO's findings, that fact is neither here nor there in determining whether the then-extant state of the law gave Individual Defendants fair warning that refusing to exercise that discretion would violate Plaintiff's right to due process. As to this critical inquiry, Plaintiff offers no argument or citation to any authority at all. See Resp. at 17\u201319. 16 16 Policy C07 only prohibits reconsideration of factual determinations by faculty peer review where a separate procedure for investigation of particular types of allegations, including allegations of sexual harassment, \"involved a hearing before a faculty committee[.]\" Resp., Ex at \u00a7 4. It is clear from the record that the investigation and decision-making process in Plaintiff's case did not involve a hearing before a faculty committee. Instead, Plaintiff shifts the focus of his challenge and argues, specifically, that by limiting the scope of the hearing, Individual Defendants deprived him of the opportunity to cross-examine Ms. Chavez, which, in turn, deprived him of the opportunity to exonerate himself of the underlying charges, all of which he contends deprived him of a clearly established right. See id. at 17\u201318. According to Plaintiff, given the nature of the allegations against him and the importance of credibility determinations in deciding whether his conduct violated university policies, he was denied due process because he was never given an opportunity to cross-examine his accuser before a factfinder. See id. In support of *1199 this contention, Plaintiff argues that \"[i]t is clearly established that \u2018in almost every setting where important decisions turn on questions of fact, due process requires an opportunity to confront and cross-examine adverse witnesses[.]\u2019 \" Resp. at 18 (quoting Goldberg v. Kelly , 397 U.S. 254, 269, 90 S.Ct. 1011, 25 L.Ed.2d 287 (1970) (brackets in quoted material omitted)). That may be, but Plaintiff 17 1199 2/17/25, 3:37 Flor v. Bd. of Regents of Univ. of N.M., 539 F. Supp. 3d 1176 | Casetext Search + Citator 30/40 fails to demonstrate how this general proposition\u2014itself qualified (i.e., \"in almost every setting\") and made in a factually distinguishable case \u2014put Individual Defendants on notice that they would be violating Plaintiff's right to due process by refusing to reconsider the OEO's factual findings. *1200 Moreover, even assuming, arguendo , that Plaintiff was denied due process because he was suspended without having had an opportunity to confront his accuser, he fails to establish, in the first instance, that it was Individual Defendants who owed him that opportunity and, more importantly for purposes of defending against Individual Defendants\u2019 assertion of qualified immunity, that every reasonable person in Individual Defendants\u2019 position would have known that denying Plaintiff that opportunity was a violation of due process. It must be remembered that Individual Defendants are university professors temporarily diverted from their teaching and research responsibilities to serve\u2014at the tail end of a bifurcated process that separated factfinding and sanctioning functions\u2014on a faculty review panel to hear a challenge to a decision to suspend another faculty member. By the time Plaintiff's case arrived before Individual Defendants, it had already been through an extensive process, comprised of: (1) the OEO's investigation of the allegations against Plaintiff, which included an opportunity for Plaintiff to give a statement to the investigator in response to the allegations; (2) the OEO's issuance of its investigative report, to which Plaintiff had the opportunity to respond prior to the rendering a decision in the case; (3) the OEO's issuance of its preliminary decision, to which Plaintiff had an opportunity to respond prior to the issuance of a final decision; (4) the OEO's issuance of its final decision, which Plaintiff had the opportunity to appeal; (5) Plaintiff's appeal of the OEO's decision to the President of UNM, who affirmed the OEO's conclusions; (6) Plaintiff's appeal to the Board of Regents, which declined to accept the appeal; (7) a sanction-determination process, in which Plaintiff had the opportunity to submit a written statement to Vice Dean Carey; and (8) imposition of a one- year suspension approved by Plaintiff's dean. The Court cannot say, on this record, that Individual Defendants\u2019 decision to limit the scope of the hearing \u2014even if it effectively denied Plaintiff an opportunity to confront his accuser\u2014deprived Plaintiff of a constitutional right of which every reasonable person in Individual Defendants\u2019 position would have known. 18 19 1200 2/17/25, 3:37 Flor v. Bd. of Regents of Univ. of N.M., 539 F. Supp. 3d 1176 | Casetext Search + Citator 31/40 17 Plaintiff continues to insist that he should have had an opportunity to confront Ms. Chavez because there is a factual dispute regarding \"whether Defendant Chavez actually interpreted [Plaintiff's] communications as making a job offer contingent on participation in sexual communications, or whether she lied about interpreting them that way in order to retaliate against Plaintiff for ending their sexual correspondence.\" Resp. at 17, 18. The Court has already concluded that Ms. Chavez's claim that she interpreted Plaintiff's job offer as being contingent on submission to his sexual advances need not be subjected to cross-examination because the documentary evidence independently supported finding that those particular elements of a quid pro quo claim\u2014(1) a job offer that was (2) contingent on submission to sexual conduct\u2014had been met. See ORDER, Doc. 55 at 11\u201313. Indeed, regardless of how Ms. Chavez subjectively interpreted Plaintiff's communications\u2014and even if she had denied from the outset or recanted under cross-examination her statement to the that she interpreted Plaintiff as conditioning a job offer on submission to sexual advances\u2014a factfinder could still conclude from the documentary evidence that Plaintiff implicitly conditioned an offer of employment on submission to his sexual advances. The Court notes that Policy 2740 (2018) defines \"sexual harassment\" as \"unwelcome conduct of a sexual nature\" and specifies that quid pro quo sexual harassment occurs when either \"submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic advancement\" or \"submission to or rejection of such conduct by an individual is used as a basis for employment decisions or academic decision affecting such individual[.]\" Policy 2740 (2018), available at (emphasis added). To the extent an argument could be made that Ms. Chavez's credibility was central to a determination of whether Plaintiff's sexual advances were \"unwelcome\"\u2014 thereby potentially implicating Plaintiff's due process right to confront Ms. Chavez\u2014no such argument has been made in these proceedings. Cf. Meritor Sav. Bank v. Vinson , 477 U.S. 57, 68, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986) (stating that \"[t]he gravamen of any sexual harassment claim is that the alleged sexual advances were \u2018unwelcome\u2019 \" and explaining that \"the question whether particular conduct was indeed unwelcome presents difficult problems of proof and turns largely on credibility determinations committed to the trier of fact\"). 18 Goldberg involved a challenge by welfare recipients whose benefits the state and city of New York terminated without affording the recipients a hearing. 2/17/25, 3:37 Flor v. Bd. of Regents of Univ. of N.M., 539 F. Supp. 3d 1176 | Casetext Search + Citator 32/40 Id. at 255\u201356, 90 S.Ct. 1011. The \"question for decision\" before the Supreme Court was \"whether a State that terminates public assistance payments to a particular recipient without affording him the opportunity for an evidentiary hearing prior to termination denies the recipient procedural due process in violation of the Due Process Clause of the Fourteenth Amendment.\" Id. at 255, 90 S.Ct. 1011. The Supreme Court answered that \"narrow\" question affirmatively, concluding that a post-termination hearing was insufficient to comport with due process when welfare benefits are at stake because such benefits provide for the necessities of life. See id. at 260\u2013 66, 90 S.Ct. 1011. The Goldberg Court then proceeded to discuss what \"form\" the required pre-termination hearing must take to satisfy due process, concluding that \"it need not take the form of a judicial or quasi-judicial trial\" and required only \"minimum procedural safeguards, adapted to the particular circumstances of welfare recipients, and to the limited nature of the controversies to be resolved. \" Id. at 266\u201367, 90 S.Ct. 1011 (emphasis added). Noting that \" [i]n almost every setting where important decisions turn on questions of fact, due process requires an opportunity to confront and cross-examine adverse witnesses[,]\" it held, inter alia , that \"[w ]elfare recipients must ... be given an opportunity to confront and cross-examine the witnesses relied upon by the\" government in termination-of-benefits proceedings. Id. at 269\u2013 70, 90 S.Ct. 1011 (emphasis added). The Court has little difficulty concluding that neither the general rule cited in Goldberg nor its specific holding regarding a welfare recipient's right to cross-examine witnesses at a pre-termination hearing put Individual Defendants on notice that limiting the scope of the post-deprivation hearing as they did constituted a denial of due process. 19 Indeed, the more applicable rule, here, is that \"confrontation and cross- examination are not rights universally applicable to all hearings.\" West , 967 F.2d at 369 (alteration, quotation marks, and citation omitted). \"[W]hether the Due Process Clause requires that the terminated employee be offered the right to cross-examine or confront witnesses depends upon the significance and nature of the factual disputes at issue.\" Id. The \"factual disputes\" at issue in Plaintiff's peer review hearing before Individual Defendants involved whether there were any procedural irregularities in the sanctioning process and whether the sanction Plaintiff received was appropriate and proportionate to the violations found, not whether Plaintiff had committed policy violations. The record undisputedly establishes that as to the factual disputes before the panel, Plaintiff was afforded the 2/17/25, 3:37 Flor v. Bd. of Regents of Univ. of N.M., 539 F. Supp. 3d 1176 | Casetext Search + Citator 33/40 opportunity to confront witnesses whose testimony was relevant to those disputes. See Resp., Ex. B. Plaintiff does not argue otherwise. Although Plaintiff need not identify a case holding that the \"very action in question has previously been held unlawful,\" Anderson v. Creighton , 483 U.S. at 640, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987), he had to do more than he has done here. Plaintiff has identified\u2014and the Court has found\u2014no case that would have even arguably made it apparent to Individual Defendants that their refusal to reconsider the OEO's determination of policy violations and engage in de novo factfinding was unlawful. The Court thus concludes that Plaintiff has failed to meet his burden of demonstrating that Individual Defendants violated any clearly established right by limiting the scope of the peer review hearing. Individual Defendants have qualified immunity from Plaintiff's claim for damages, *1201 and summary judgment as to Count will be entered in their favor. 1201 20 20 The Court finds it unnecessary to address Plaintiff's remaining argument that the Court should \"revisit the doctrine of qualified immunity\" and begin its \"abolishment.\" Resp. at 19\u201320. The Court not only is without authority to ignore binding precedent governing how it must undertake a qualified immunity analysis but also notes that even if the Court focused exclusively on the first prong of the analysis as Plaintiff urges, Plaintiff still would not prevail on the pending Motion. As the Court noted at the outset of its qualified immunity discussion, Plaintiff did not even attempt to meet his burden of demonstrating that the complained-of deprivations indeed violated Plaintiff's right to due process. II. Individual Defendants are Not Entitled to Summary Judgment on Counts and Individual Defendants seek summary judgment in their favor on Counts (injunctive relief) and (declaratory judgment) of the SAC. See Mot. at 22\u2013 23. For the following reasons, the Court concludes that Individual Defendants have not established that they are entitled to summary judgment on either Count or Count III. However, the Court agrees with Individual Defendants insofar as they argue that Count does not state a standalone cause of action and will, therefore, dismiss Count from the SAC. 2/17/25, 3:37 Flor v. Bd. of Regents of Univ. of N.M., 539 F. Supp. 3d 1176 | Casetext Search + Citator 34/40 A. Count is not a \"Claim\" on Which Summary Judgment Can Be Granted, but the Court Will Dismiss Count Because it is Not a Proper Standalone Cause of Action In Count of the SAC, Plaintiff seeks injunctive relief against Individual Defendants and the Board of Regents and specifically requests the following: (1) \"reversal of the outcome and findings of the investigation,\" (2) \"expungement of Plaintiff's personnel file reflecting the improper findings, discipline, and sanction,\" (3) \"production of verification of such expungement to Plaintiff,\" (4) a prohibition against \"disclosing Plaintiff's personnel file reflecting the finding of a policy violation and discipline,\" and (5) \"lifting of the one-year suspension so that Plaintiff may return to work at at \u00b6 257. In his Prayer for Relief, Plaintiff reiterates, in consolidated form, his requests for injunctive relief and specifically seeks an order: (1) enjoining Defendants from disclosing Plaintiff's employment records reflecting the finding of a policy violation and/or reflecting discipline during the pendency of this action; (2) requiring Defendants to expunge the improper finding of a policy violation and improper imposition of a sanction from Plaintiff's employment records and providing Plaintiff with confirmation of such expungement; and (3) requiring Defendants to allow Plaintiff to return to his work as an Associate Professor with the University's Anderson School of Management. Doc. 68 at 40. Individual Defendants argue that they are entitled to summary judgment as to Count because Plaintiff cannot demonstrate that Individual Defendants have the authority to provide Plaintiff with the injunctive relief he seeks in that count. See Mot. at 23. Individual Defendants also argue that injunctive relief is a remedy, not a cause of action, and therefore entitles them to judgment in their favor on Count II. See id. at 24. 2/17/25, 3:37 Flor v. Bd. of Regents of Univ. of N.M., 539 F. Supp. 3d 1176 | Casetext Search + Citator 35/40 The Court agrees with Individual Defendants that injunctive relief is a form of remedy, not a standalone claim. See Madej v. Maiden , 951 F.3d 364, 369 (6th Cir. 2020) (stating that \"an injunction is a remedy, not a claim\" and explaining that if *1202 parties seeking an injunction \"cannot show \u2018actual success\u2019 on their claims, they cannot obtain a permanent injunction\"); Knutson v. Village of Lakemoor , 932 F.3d 572, 576 n.4 (7th Cir. 2019) (\"With respect to injunctive relief, that is a remedy, not a cause of action, and thus should not be pleaded as a separate count.\"); Surgenex v. Predictive Therapeutics , 462 F. Supp. 3d 1160, 1180 and n.148 (D. Utah 2020) (dismissing the plaintiff's \"final count\" in which it sought injunctive relief and noting that \"[d]ismissal of this claim does not preclude [the plaintiff] from obtaining injunctive relief as a remedy should it prevail on one of its other claims\"). However, because summary judgment is proper as to claims and defenses, see Fed. R. Civ. P. 56(a party may move for summary judgment, identifying each claim or defense \u2014or the part of each claim or defense\u2014on which summary judgment is sought.\" (emphasis added)), the Court concludes that granting summary judgment in favor of Individual Defendants on Count is incompatible with the conclusion that Count is not, in fact, a \"claim.\" Rather, the Court will dismiss Count from the but notes that Plaintiff is not precluded from obtaining injunctive relief as a remedy should he prevail on a claim for which injunctive relief is available. 1202 B. Individual Defendants Have Not Established That They Are Entitled to Summary Judgment on Count While not entirely clear, Individual Defendants appear to argue that they are entitled to summary judgment on Count III\u2014Plaintiff's request for declaratory relief\u2014for either of two reasons: (1) because Plaintiff \"has not alleged\u2014nor could he truthfully allege\u2014that any of the named Individual Defendants have the authority to provide the ... declaratory relief that [Plaintiff] seeks[,]\" Mot. at 23\u201324; see also Reply at 12 (asserting that Individual Defendants \"have no authority to afford Plaintiff any of the ... declaratory relief sought\"); or (2) \"[b]ecause there is no viable cause of action against the Individual Defendants[,]\" Mot. at 24. Neither of Individual Defendants\u2019 contentions is availing. 2/17/25, 3:37 Flor v. Bd. of Regents of Univ. of N.M., 539 F. Supp. 3d 1176 | Casetext Search + Citator 36/40 First, the authority to declare legal rights and obligations between parties as Plaintiff requests in Count is vested in the courts and the courts alone, which explains why Plaintiff did not allege that Individual Defendants have the authority to provide the declaratory relief he seeks. See 28 U.S.C. \u00a7 2201(a) (\"In a case of actual controversy within its jurisdiction, ... any court of the United States, upon the filing of an appropriate pleading, may declare the rights and other legal obligations of any interested party seeking such declaration, whether or not relief is or could be sought.\" (emphasis added)); N.M. Stat. Ann. \u00a7 44-6-2 (\"In cases of actual controversy, district courts within their respective jurisdictions shall have power to declare rights, status and other legal relations whether or not further relief is or could be claimed.\" (emphasis added)). 21 21 It appears that Individual Defendants\u2019 assertion that Plaintiff failed to allege that they can provide him with declaratory relief is a result of inartful drafting that conflated Individual Defendants\u2019 argument regarding Plaintiff's request for declaratory relief with their argument regarding Plaintiff's request for injunctive relief. Second, Individual Defendants neither elaborate on their conclusory assertion that \"there is no viable cause of action against Individual Defendants\" nor otherwise explain why summary judgment should be granted in their favor on Count on that basis. See Mot. at 22\u201324. Individual *1203 Defendants appear to believe that summary judgment against Plaintiff on his \u00a7 1983 claim necessarily precludes his requests for injunctive and declaratory relief. See Mot. at 24. But that is not the case, here, because Count is not premised on the viability of Plaintiff's \u00a7 1983 claim. 1203 22 22 Individual Defendants cite a Utah case, Leon v. Summit Cty. , 2017 5891771 (D. Utah 2017), where the district court concluded that \"[b]ecause [the plaintiff's] two Section 1983 claims fail, so too does her request for injunctive relief.\" Mot. at 24 (quoting Leon , 2017 5891771, at *5 ). Leon is clearly distinguishable. In that case, the plaintiff brought two claims under \u00a7 1983 and a \"demand for injunctive relief.\" Id. at *2. She did not seek declaratory relief. Once the court dismissed the plaintiff's \u00a7 1983 claims under Rule 12(b)(6) based on the court's conclusion that the plaintiff's complaint failed to state a claim for either a Fourth Amendment violation or 2/17/25, 3:37 Flor v. Bd. of Regents of Univ. of N.M., 539 F. Supp. 3d 1176 | Casetext Search + Citator 37/40 malicious abuse of process, it commensurately concluded that she could not obtain injunctive relief where both of her claims had been dismissed. See id. at *3\u20135. The Leon court was not presented with\u2014and did not address\u2014the question presented here regarding the ongoing viability of a declaratory judgment action following a finding that a plaintiff's \u00a7 1983 claim fails under the second prong of the qualified immunity analysis. In Count III, Plaintiff seeks declarations that (1) \"the investigative and sanctioning process utilized by Defendants are unconstitutional, improper, and violative of Plaintiff's rights,\" Doc. 68 at \u00b6 261, (2) \"the peer review appeal process is unconstitutional, improper, and violative of Plaintiff's rights,\" id. at \u00b6 262, and (3) \"the Office of University Counsel's representation of the University in the sanctioning and review process that Plaintiff has undergone presents such a clear conflict of interest that results in the process being unconstitutional, improper, and violative of Plaintiff's rights,\" id. at \u00b6 263. Construed in light of the in its totality, the Court understands Plaintiff to seek declarations that three separate aspects of the proceedings that led to his suspension\u2014including Individual Defendants\u2019 actions in the peer review process\u2014resulted in deprivations of Plaintiff's protected property and liberty interests without due process of law. Individual Defendants have not argued\u2014as did other, now-dismissed defendants with respect to Plaintiff's First Amended Complaint\u2014that the fails to state a procedural due process claim against Individual Defendants. Nor have they, in the instant Motion, shown that Plaintiff cannot\u2014as a matter of law and on the undisputed facts\u2014prevail on his claim that Individual Defendants violated his right to due process. As noted earlier, neither party briefed\u2014and the Court has consequently refused to address\u2014the first prong of the qualified immunity analysis, i.e., whether Individual Defendants\u2019 alleged conduct violated Plaintiff's right to due process. Because the Court concludes that Individual Defendants have not met their burden of showing they are entitled to summary judgment on Count III, the Court will deny the Motion in that regard THAT: 1. Individual Defendants 2/17/25, 3:37 Flor v. Bd. of Regents of Univ. of N.M., 539 F. Supp. 3d 1176 | Casetext Search + Citator 38/40 DISCOVERY, Doc. 79, is as follows: a. Summary judgment as to Count of Plaintiff's COMPLAINT, Doc. 68, is in Individual Defendants\u2019 favor, and Count is PREJUDICE. b. Count of Plaintiff's COMPLAINT, Doc. *1204 1204 68, is PREJUDICE. c. Summary judgment as to Count is DENIED. d. Individual Defendants\u2019 request to stay discovery is MOOT. 2. Plaintiff's Rule 56(d) request for limited discovery is DENIED. About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support 2/17/25, 3:37 Flor v. Bd. of Regents of Univ. of N.M., 539 F. Supp. 3d 1176 | Casetext Search + Citator 39/40 Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/17/25, 3:37 Flor v. Bd. of Regents of Univ. of N.M., 539 F. Supp. 3d 1176 | Casetext Search + Citator 40/40", "8515_104.pdf": "Nick Flor, the University of New Mexico professor suspended without pay after wrongly being found responsible for sexual harassment, has filed a lawsuit against the university in New Mexico state court for violating his due process rights first wrote about Flor\u2019s case last month, after Robby Soave at Reason wrote an expos\u00e9 of the university\u2019s mistreatment of the professor at UNM\u2019s Anderson School of Management after he was blackmailed by a graduate student. From day one administrators have acted with utter disregard both for the undisputed facts of the case and for the due process to which Flor is entitled. Flor is now asking a court to remedy this injustice, and deeply hopes the court will do so. Flor\u2019s lawsuit details how he struck up a \u201cflirtatious\u201d and ultimately \u201cexplicit\u201d email relationship with a 35-year- old graduate student at (identified in the complaint by the pseudonym Jane Doe) after the two briefly met in person in May 2018. When Flor, who is married, tried to end the email exchange after several weeks, Doe began threatening to expose their emails to Flor\u2019s department chair and others at the university. Eventually, as Flor\u2019s lawsuit explains, His department chair reported the alleged harassment of Flor to the university, which began an investigation into Jane Doe. However, when confronted with the complaint, Doe alleged that it was actually she who was the victim of harassment. Over the course of their correspondence, Flor and Doe had discussed the possibility that she might work for him as a summer research assistant. He continued to offer her that job after he ceased their romantic communications, but she angrily turned it down. Now, however, she claimed that it was quid pro quo harassment \u2014 that he had somehow made the job offer contingent on her submission to the sexual emails. Plaintiff . . . determined that he had no choice but to disclose to his Department Chair that he was receiving threatening and harassing text messages from a graduate student. Plaintiff also disclosed that he had exchanged flirtatious, explicit e-mails with Jane Doe. Lawsuit: University of New Mexico violated professor\u2019s due process rights by Samantha Harris January 6, 2020 Become a member This was easily refutable, since the entirety of their communications (save their first, brief introduction) took place electronically: The correspondence clearly shows Flor continuing to extend the job offer after discontinuing the email flirtation, and clearly shows Jane Doe turning down the job both because of her dissatisfaction with the hours being offered and because of her unhappiness with Flor\u2019s decision to shift to an exclusively platonic correspondence. But facts seemed to be of little import to UNM, which \u2014 after mysteriously replacing the outside investigator it had initially hired to run the investigation with someone from inside \u2014 found Flor responsible not only for quid pro quo harassment but also for retaliation. Retaliation how, you might ask? Good question. As wrote last month, Doe threatened to expose the sexual correspondence to Flor\u2019s co-workers if he did not respond to her, writing things like \u201ceven though do not know what their faces look like, it\u2019s still fun to picture and imagine what their faces would look like if were to send them those screenshots.\u201d New Mexico\u2019s extortion statute defines extortion as (emphasis added administrators, however, called Doe\u2019s threats \u201cgood faith civil rights protected activity\u201d \u2014 that is, whistleblowing \u2014 and found that Flor\u2019s decision to report it constituted impermissible retaliation. After a sham process in which he was given no hearing and no opportunity to confront his accuser, Flor was suspended for a year without pay. Worse yet, the university is subjecting him to its faculty \u201coutside work\u201d policy, under which he cannot work more than 39 days at any other job while employed by the university. However, during his suspension, he can neither work at the university, nor is he paid. Extortion consists of the communication or transmission of any threat to another by any means whatsoever with intent thereby to wrongfully obtain anything of value or to wrongfully compel the person threatened to do or refrain from doing any act against his will. Any of the following acts shall be sufficient to constitute a threat under this section: A. a threat to do an unlawful injury to the person or property of the person threatened or of another; B. a threat to accuse the person threatened, or another, of any crime; C. a threat to expose, or impute to the person threatened, or another, any deformity or disgrace; D. a threat to expose any secret affecting the person threatened, or another; or E. a threat to kidnap the person threatened or another. \u00a9 2024 Foundation for Individual Rights and Expression 510 Walnut St. | Suite 900 Philadelphia 19106 [email protected] As Flor\u2019s complaint explains, \u201cThe University\u2019s sanction, therefore, requires Plaintiff, who is the sole wage earner for his family, to either not work for an entire year and earn no income, or to quit.\u201d UNM\u2019s Board of Regents had the option to hear an appeal from Flor, but it declined to do so, at which point the finding of responsibility became final. He has one last opportunity to appeal only the severity of his sanction to a faculty peer review committee, but that has been repeatedly delayed. In the meantime, Flor\u2019s unpaid suspension has taken effect. It\u2019s hard to think of any motivation for the university\u2019s conduct here other than pure maliciousness. All of this, Flor\u2019s lawsuit alleges, has violated his right to due process under both the New Mexico Constitution and the U.S. Constitution agrees, and we will be following this lawsuit closely in the hopes that Nick Flor finally gets the justice he deserves here. We will keep you posted. 215-717", "8515_105.pdf": "News and Commentary Suspended prof fights in court for his job Copyright \u00a9 2020 Albuquerque Journal tenured University of New Mexico professor who was suspended for all of 2020 after found he violated sexual harassment and Title policies has taken the fight to return to his job to state district court. Nick Flor, an associate professor at UNM\u2019s Anderson School of Management, filed a lawsuit against UNM, its Board of Regents and other university officials on New Year\u2019s Eve, the day before his yearlong suspension without pay went into effect. He said the university violated his due process rights during its investigation into a relationship between Flor and a graduate student, which found Flor violated university policies, according to the lawsuit. Flor denied that he violated any policies, and his attorney said he wasn\u2019t given a fair chance to defend himself. 2/17/25, 3:38 Suspended prof fights in court for his job - Save - Leading The Policy Movement For Fairness and Due Process On Campus 1/4 Flor is also seeking a temporary restraining order preventing the suspension from going into effect while the case is pending, said Nicholas Hart, Flor\u2019s attorney. The suspension also prohibits Flor from working elsewhere for more than 39 days during the yearlong suspension. \u201cIt is just unfathomable to me that a tenured professor could have this type of suspension \u2013 it\u2019s essentially a termination \u2013 and have no hearing at all,\u201d Hart said. University officials declined to comment on Flor\u2019s case, or say how common it is for a professor to receive a yearlong suspension. In the suit, Flor admits exchanging \u201cflirtatious and explicit in nature\u201d emails with the graduate student, identified as Jane Doe, in 2018. At one point, the two talked about paid research opportunities available to the student, but she rejected them, according to the lawsuit. Flor said he never taught, did research with or supervised the student, and they only had a brief in-person interaction in May 2018. He said in the lawsuit that after he cut off all communication with Jane Doe, she threatened to share their emails with Flor\u2019s supervisor and other administrators at the university. The graduate student, in a petition for a restraining order against Flor, which was dismissed, said there was a power imbalance between her and Flor am a graduate student at (UNM) and have no power authority of this instructor,\u201d she wrote in the August 2018 court filing. \u201cThis inherent power differential gives professor Flor the ability to harm, harass and hurt me.\u201d The matter was investigated by the university\u2019s Office of Equal Opportunity, which determined that Flor violated university policies concerning \u201cquid pro 2/17/25, 3:38 Suspended prof fights in court for his job - Save - Leading The Policy Movement For Fairness and Due Process On Campus 2/4 quo sexual harassment\u201d and Title IX. But Flor said he didn\u2019t get a chance to challenge the findings. Flor\u2019s lawsuit refers to Camille Carey, the vice dean of the law school, as the \u201cparty that imposed the sanction,\u201d which Flor is seeking to undo. The university\u2019s \u201cactions and inactions described above were fundamentally unfair to plaintiff, unduly prone to false findings of sexual harassment and policy violations, and were arbitrary and capricious,\u201d the suit contends. The university\u2019s \u201cconduct was so egregious as to shock the conscience.\u201d Flor unsuccessfully appealed the suspension to President Garnett Stokes and then the Board of Regents, which in June denied the appeal. The lawsuit is seeking an order preventing from imposing the suspension and disclosing Flor\u2019s employment records reflecting his policy violations. It is also seeking the violations be expunged from his employment records and other damages. Flor is still trying to appeal the suspension internally through a peer review process that is available to tenured faculty, Hart said. 2/17/25, 3:38 Suspended prof fights in court for his job - Save - Leading The Policy Movement For Fairness and Due Process On Campus 3/4 1221 20849 \u00a9 2025 SAVE. All Rights Reserved 2/17/25, 3:38 Suspended prof fights in court for his job - Save - Leading The Policy Movement For Fairness and Due Process On Campus 4/4", "8515_106.pdf": "Case Law ( Flor v. Univ. of N.M. Decision Date 04 August 2020 Docket Number Civ. No. 20-27 Parties FLOR, Plaintiff, v CAREY, individually and in her official capacity CATENA, individually and in her official capacity M. CLIFFE, individually and in her official capacity; and CHAVEZ, Defendants. Court U.S. District Court \u2014 District of New Mexico Your World of Legal Intelligence (/) United States | 1-800-335-6202 Document Cited authorities 29 Cited in Precedent Map Related FLOR, Plaintiff, v CAREY, individually and in her official capacity CATENA, individually and in her official capacity M. CLIFFE, individually and in her official capacity; and CHAVEZ, Defendants. Civ. No. 20-27 August 4, 2020 Defendants University of New Mexico, Camille Carey, Angela Catena, and Sara Cliffe (collectively \"University Defendants\") seek dismissal of certain claims contained in Plaintiff Nick Flor's First Amended Complaint.1 In particular, University Defendants assert, under Federal Rule of Civil Procedure 12(b)(6), that Plaintiff has failed to state a claim under the Procedural Due Process Clause of the United States Constitution, and has similarly failed to state a claim for breach of contract and breach of the implied covenant of good faith and fair dealing under New Mexico law. The parties fully briefed the Motion on June 29, 2020.2 The Court held a hearing on theMotion on July 15, 2020.3 Now, being fully apprised of the allegations and arguments, the Court will grant University Defendants' Motion. BACKGROUND4 uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 The following facts are taken from Plaintiff's Amended Complaint, which the Court accepts as true and views in the light most favorable to Plaintiff. See Pueblo of Jemez v. United States, 790 F.3d 1143, 1147-48 (10th Cir. 2015) ( Plaintiff is an Associate Professor in the University of New Mexico's Anderson School of Management. Doc. 17 at \u00b6 4. Plaintiff and Defendant Eva Chavez, a graduate student in the Anderson School of Management, engaged in the exchange of flirtatious and overtly sexual emails and text messages. Id. at \u00b6\u00b6 17, 25-27.5 At no time during the exchange of those messages did Plaintiff supervise, advise, grade, or \"otherwise interact[] in any professional situation\" with Defendant Chavez. Id. at \u00b6 15.6 Eventually, Plaintiff cut off email communication with Defendant Chavez, at which point Defendant Chavez sent Plaintiff a series of text messages threatening to expose their emails to Plaintiff's Department Chair and other members of the University's faculty and administration. Id. at \u00b6\u00b6 30-32. Plaintiff disclosed to his faculty chair, Dr. Mary Margaret Rogers, that Defendant Chavez was sending him threatening and harassing text messages. Id. at \u00b6 34. Plaintiff alsodisclosed to Dr. Rogers that he had exchanged flirtatious and sexually explicit emails with Defendant Chavez. Id. Dr. Rogers reported Defendant Chavez's harassment of Plaintiff to the University's Office of Equal Opportunity (\"OEO\"). Id. at \u00b6 35. Additionally, Dr. Rogers filed a complaint with the against Defendant Chavez on Plaintiff's behalf. Id. at \u00b6 36. When the informed Defendant Chavez of the complaint against her, Defendant Chavez filed a separate complaint against Plaintiff. Id. at \u00b6 37. Independent investigator Ben FitzSimons investigated both complaints and prepared an investigation report. Id. at \u00b6\u00b6 42, 44.7 Mr. FitzSimons sent the investigation report to Plaintiff and Defendant Chavez and invited them to respond. Id. at \u00b6 45. The report detailed witness testimony collected by Mr. FitzSimons but did not identify the names of those witnesses. Id. at \u00b6 46. That, Plaintiff claims, deprived him of an opportunity to fully respond to the investigation report. Id. at \u00b6 47. Following the preparation of the investigation report, Mr. FitzSimons was removed (by whom, Plaintiff does not allege) as the investigator without explanation. Id. at \u00b6 48.8 The appointed Defendant Sara Cliffe as investigator after Mr. FitzSimons' removal. Id. at \u00b6 51. Defendant Cliffe used Mr. FitzSimons' findings to prepare a Preliminary Letter of Determination. Id. at \u00b6 52. The Preliminary Letter of Determination included Defendant Cliffe's preliminary findings that Plaintiff violated the University's sexual harassment policy and anti-retaliation policy through his conduct with Defendant Chavez. Id. at \u00b6 54. Meanwhile, the competing PreliminaryLetter of Determination involving the complaint against Defendant Chavez indicated the did not believe that Defendant Chavez's conduct violated University policy. Id. The Preliminary Letter of Determination invited Plaintiff to respond with new evidence. Id. at \u00b6 55. Plaintiff responded by asking the to interview twelve witnesses. Id. at \u00b6 56. Three of those witnesses had allegedly submitted complaints against Defendant Chavez claiming that she engaged in inappropriate or retaliatory behavior, such as filing false complaints with the University. Id. at \u00b6 57. Three other witnesses would have testified that Defendant Chavez never had a job contract with the University. Id. at \u00b6 58. Finally, the remaining six witnesses were expected to testify about Plaintiff's interactions with students and \"other information germane to allegations of sexual harassment.\" Id. at \u00b6 59. Defendant Cliffe did not interview any of Plaintiff's proposed witnesses. Id. at \u00b6 60. Additionally, one of Plaintiff's witnesses submitted a written statement to the OEO. Id. at \u00b6 61. Plaintiff claims that Defendant Cliffe and the refused to review that written statement. Id. Defendant Cliffe, Title Coordinator Defendant Angela Catena, id. at \u00b6 7, and the issued a Final Letter of Determination, in which they found that Plaintiff had violated University policy, id. at \u00b6 62. Plaintiff claims that before the Final Letter of Determination was issued, he should have been permitted to: (1) have a formal hearing, id. at \u00b6 63; (2) cross-examine any witnesses interviewed during the investigation, id. at \u00b6 64; (3) present a full and complete defense, id. at \u00b6 65; (4) present witnesses of his uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 choosing, id. at \u00b6 66; (5) have a fair and equitable investigation, id. at \u00b6 67; and (6) see all the evidence against him, id. at \u00b6 68. Moreover, Plaintiff maintains that Defendant Cliffe, Defendant Catena, and Defendant University should have considered exculpatory evidence prior to issuing their findings. Id. at \u00b6 69. Plaintiff appealed the Final Letter of Determination's finding that he violated University policy to the University President. Id. at \u00b6 70. The President denied Plaintiff's appeal. Id. at \u00b6 71. Plaintiff then appealed to the Board of Regents of the University of New Mexico. Id. at \u00b6 72. The Board declined to consider Plaintiff's appeal. Id. at \u00b6 73. Next, the sanctioning process began. Id. at \u00b6 75. The process for sanctioning tenured faculty members for violations of University policy is laid out in University Policy C07: Faculty Disciplinary Policy. Id. at \u00b6 76.9 University Policy C07 requires a faculty member's Department Chair make a sanctioning decision, which is then reviewed and approved by that faculty member's Dean before the sanction is imposed. Id. at \u00b6 77. In compliance with that policy, Senior Vice Provost Barbara Rodriguez appointed Plaintiff's department chair, Dr. Rogers, to propose a sanction for Plaintiff's conduct. Id. at \u00b6 78. Dr. Rogers reviewed the findings and recommended that Plaintiff's sanction be training and other corrective measures. Id. at \u00b6\u00b6 79-81. According to Plaintiff, Dr. Rogers did not recommend that Plaintiff be suspended. Id. at \u00b6 81. Plaintiff further alleges that Dr. Rogers was required to share her proposed sanction with Defendant Catena and Senior Vice Provost Rodriguez before imposing it. Id. at \u00b6 84. Plaintiff claims that sharing a proposed sanction is not part of the University's policy. Id. Rather, he asserts the policy gives the Department Chair the sole responsibility for determining the appropriate sanction and provides only for review and approval by the individual's Dean. Id. at \u00b6 85. Defendant Catena believed that Dr. Rogers' proposed sanction was too lenient and that Plaintiff \"should receive a more punitive sanction.\" Id. at \u00b6\u00b6 86-87. To that end, Plaintiff contends that Defendant Catena prepared a letter to Senior Vice Provost Rodriguez explaining her opinion that Dr. Rogers' proposed sanction was not harsh enough. Id. at \u00b6 88. Senior Vice Provost Rodriguez agreed with Defendant Catena, but under University Policy C07, neither Senior Vice Provost Rodriguez nor Defendant Catena had the authority to sanction Plaintiff. Id. at \u00b6\u00b6 89, 91. Plaintiff alleges that Defendant Catena and Senior Vice Provost Rodriguez removed Dr. Rogers as the sanctioning party by claiming that Dr. Rogers had a conflict of interest that prevented her from serving in that role. Id. at \u00b6 92. The conflict of interest was based on the following facts: 1) That Dr. Rogers initially reported conduct that was part of the investigation to the OEO; 2) that Dr. Rogers was later sanctioned by the University for failing to report Plaintiff's alleged sexual misconduct earlier than she had reported it; and 3) that Dr. Rogers expressed an inability to be impartial in a separate investigation regarding Defendant Chavez. Id. at \u00b6 93. Plaintiff believes that those reasons were pretextual and that the University did not have a legitimate concern about Dr. Rogers' supposed conflict of interest. Id. at \u00b6\u00b6 94-95. According to Plaintiff, Defendant Catena and Senior Vice Provost Rodriguez knew (and were unconcerned) that Dr. Rogers \"reported alleged misconduct by Plaintiff and Defendant Chavez\" to the before Dr. Rogers was tasked with determining Plaintiff's sanction. Id. at \u00b6\u00b6 96-97. Moreover, Plaintiff claims that Dr. Rogers was sanctioned for failing to report the alleged misconduct earlier. Id. at \u00b6 98. The sanction against Dr. Rogers, however, was not imposed until after Dr. Rogers recommended a sanction against Plaintiff. Id. Finally, Plaintiff asserts that the perceived conflictwas pretextual because Dr. Rogers' statements about her ability to be objective were made only after the University sanctioned her for not reporting the misconduct earlier. Id. at \u00b6 99 uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 To continue reading Request your trial Senior Vice Provost Rodriguez appointed Defendant Camille Carey, Vice Dean of... 1-800-335-6202 Terms of use ( \u00a92025 vLex.com All rights reserved uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041", "8515_107.pdf": "From Casetext: Smarter Legal Research Flor v. Univ. of Aug 4, 2020 Civ. No. 20-27 (D.N.M. Aug. 4, 2020) Copy Citation Download Check Treatment Delegate legal research to CoCounsel, your new legal assistant. Try CoCounsel free Civ. No. 20-27 08-04-2020 FLOR, Plaintiff, v CAREY, individually and in her official capacity CATENA, individually and in her official capacity M. CLIFFE, individually and in her official capacity; and CHAVEZ, Defendants Defendants University of New Mexico, Camille Carey, Angela Catena, and Sara Cliffe (collectively \"University Defendants\") seek dismissal of certain Sign In Search all cases and statutes... Opinion Case details 2/17/25, 3:38 Flor v. Univ. of N.M., Civ. No. 20-27 | Casetext Search + Citator 1/21 claims contained in Plaintiff Nick Flor's First Amended Complaint. In particular, University Defendants assert, under Federal Rule of Civil Procedure 12(b)(6), that Plaintiff has failed to state a claim under the Procedural Due Process Clause of the United States Constitution, and has similarly failed to state a claim for breach of contract and breach of the implied covenant of good faith and fair dealing under New Mexico law. The parties fully briefed the Motion on June 29, 2020. The Court held a hearing on the *2 Motion on July 15, 2020. Now, being fully apprised of the allegations and arguments, the Court will grant University Defendants' Motion. 1 2 2 3 1 See (Doc. 40 (\"Motion\") (Doc. 41 (\"Amended Complaint\") (Doc. 17). 2 See (\"Response\") (Doc. 52 (\"Reply\") (Doc. 56). 3 See MINUTES, filed July 15, 2020 (Doc. 60). BACKGROUND4 4 On June 20, 2020, the Court issued a (Doc. 55) denying (\"Motion for a and Preliminary Injunction\") (Doc. 22). The Court's factual findings and conclusions of law from that opinion are not binding on it here. See Univ. of Tex. v. Camenisch, 451 U.S. 390, 395 (1981) (\"[T]he findings of fact and 2/17/25, 3:38 Flor v. Univ. of N.M., Civ. No. 20-27 | Casetext Search + Citator 2/21 conclusions of law made by a court granting [or denying] a preliminary injunction are not binding at trial on the merits.\"). The following facts are taken from Plaintiff's Amended Complaint, which the Court accepts as true and views in the light most favorable to Plaintiff. See Pueblo of Jemez v. United States, 790 F.3d 1143, 1147-48 (10th Cir. 2015). Plaintiff is an Associate Professor in the University of New Mexico's Anderson School of Management. Doc. 17 at \u00b6 4. Plaintiff and Defendant Eva Chavez, a graduate student in the Anderson School of Management, engaged in the exchange of flirtatious and overtly sexual emails and text messages. Id. at \u00b6\u00b6 17, 25-27. At no time during the exchange of those messages did Plaintiff supervise, advise, grade, or \"otherwise interact[] in any professional situation\" with Defendant Chavez. Id. at \u00b6 15. 5 6 5 The Amended Complaint does not allege how long the exchange of those messages continued. 6 While this is true in a strict sense, the Amended Complaint acknowledges that during their communications, the two discussed the possibility of Defendant Chavez working for Plaintiff. Doc. 17 at \u00b6 19. In fact, the discussions progressed so far that Plaintiff offered Defendant Chavez a job. Id. at \u00b6 22. Eventually, Plaintiff cut off email communication with Defendant Chavez, at which point Defendant Chavez sent Plaintiff a series of text messages threatening to expose their emails to Plaintiff's Department Chair and other members of the University's faculty and administration. Id. at \u00b6\u00b6 30-32. Plaintiff disclosed to his faculty chair, Dr. Mary Margaret Rogers, that Defendant Chavez was sending him threatening and harassing text messages. Id. at \u00b6 34. Plaintiff also *3 disclosed to Dr. Rogers that he had exchanged flirtatious and sexually explicit emails with Defendant Chavez. Id. 3 Dr. Rogers reported Defendant Chavez's harassment of Plaintiff to the University's Office of Equal Opportunity (\"OEO\"). Id. at \u00b6 35. Additionally, Dr. Rogers filed a complaint with the against Defendant Chavez on Plaintiff's behalf. Id. at \u00b6 36. When the informed Defendant Chavez of the complaint against her, Defendant Chavez filed a separate complaint against Plaintiff. Id. at \u00b6 37. 2/17/25, 3:38 Flor v. Univ. of N.M., Civ. No. 20-27 | Casetext Search + Citator 3/21 Independent investigator Ben FitzSimons investigated both complaints and prepared an investigation report. Id. at \u00b6\u00b6 42, 44. Mr. FitzSimons sent the investigation report to Plaintiff and Defendant Chavez and invited them to respond. Id. at \u00b6 45. The report detailed witness testimony collected by Mr. FitzSimons but did not identify the names of those witnesses. Id. at \u00b6 46. That, Plaintiff claims, deprived him of an opportunity to fully respond to the investigation report. Id. at \u00b6 47. 7 7 Plaintiff asserts that he fully cooperated in the investigation, but that Defendant Chavez knowingly lied and presented false information to the University. Id. at \u00b6\u00b6 38-39. Following the preparation of the investigation report, Mr. FitzSimons was removed (by whom, Plaintiff does not allege) as the investigator without explanation. Id. at \u00b6 48. The appointed Defendant Sara Cliffe as investigator after Mr. FitzSimons' removal. Id. at \u00b6 51. Defendant Cliffe used Mr. FitzSimons' findings to prepare a Preliminary Letter of Determination. Id. at \u00b6 52. The Preliminary Letter of Determination included Defendant Cliffe's preliminary findings that Plaintiff violated the University's sexual harassment policy and anti-retaliation policy through his conduct with Defendant Chavez. Id. at \u00b6 54. Meanwhile, the competing Preliminary *4 Letter of Determination involving the complaint against Defendant Chavez indicated the did not believe that Defendant Chavez's conduct violated University policy. Id. 8 4 8 Plaintiff believes Mr. FitzSimons \"was removed as the investigator because he intended to find that Plaintiff did not violate University policy.\" Id. at \u00b6 49. Plaintiff further maintains that University policy does not provide that the may replace an investigator from a case because of a disagreement regarding the investigator's findings. Id. at \u00b6 50. The Preliminary Letter of Determination invited Plaintiff to respond with new evidence. Id. at \u00b6 55. Plaintiff responded by asking the to interview twelve witnesses. Id. at \u00b6 56. Three of those witnesses had allegedly submitted complaints against Defendant Chavez claiming that she engaged in inappropriate or retaliatory behavior, such as filing false complaints with the University. Id. at \u00b6 57. Three other witnesses would have testified that Defendant Chavez never had a job contract with the University. Id. at \u00b6 58. 2/17/25, 3:38 Flor v. Univ. of N.M., Civ. No. 20-27 | Casetext Search + Citator 4/21 Finally, the remaining six witnesses were expected to testify about Plaintiff's interactions with students and \"other information germane to allegations of sexual harassment.\" Id. at \u00b6 59. Defendant Cliffe did not interview any of Plaintiff's proposed witnesses. Id. at \u00b6 60. Additionally, one of Plaintiff's witnesses submitted a written statement to the OEO. Id. at \u00b6 61. Plaintiff claims that Defendant Cliffe and the refused to review that written statement. Id. Defendant Cliffe, Title Coordinator Defendant Angela Catena, id. at \u00b6 7, and the issued a Final Letter of Determination, in which they found that Plaintiff had violated University policy, id. at \u00b6 62. Plaintiff claims that before the Final Letter of Determination was issued, he should have been permitted to: (1) have a formal hearing, id. at \u00b6 63; (2) cross-examine any witnesses interviewed during the investigation, id. at \u00b6 64; (3) present a full and complete defense, id. at \u00b6 65; (4) present witnesses of his choosing, id. at \u00b6 66; (5) have a fair and equitable investigation, id. at \u00b6 67; and (6) see all the evidence against him, id. at \u00b6 68. Moreover, Plaintiff maintains that Defendant Cliffe, Defendant Catena, and Defendant University should have considered exculpatory evidence prior to issuing their findings. Id. at \u00b6 69. *5 5 Plaintiff appealed the Final Letter of Determination's finding that he violated University policy to the University President. Id. at \u00b6 70. The President denied Plaintiff's appeal. Id. at \u00b6 71. Plaintiff then appealed to the Board of Regents of the University of New Mexico. Id. at \u00b6 72. The Board declined to consider Plaintiff's appeal. Id. at \u00b6 73. Next, the sanctioning process began. Id. at \u00b6 75. The process for sanctioning tenured faculty members for violations of University policy is laid out in University Policy C07: Faculty Disciplinary Policy. Id. at \u00b6 76. University Policy C07 requires a faculty member's Department Chair make a sanctioning decision, which is then reviewed and approved by that faculty member's Dean before the sanction is imposed. Id. at \u00b6 77. In compliance with that policy, Senior Vice Provost Barbara Rodriguez appointed Plaintiff's department chair, Dr. Rogers, to propose a sanction for Plaintiff's conduct. Id. at \u00b6 78. 9 9 The Court takes judicial notice of University Policy C07, which was not attached to the Amended Complaint but is referenced in it, is central to this 2/17/25, 3:38 Flor v. Univ. of N.M., Civ. No. 20-27 | Casetext Search + Citator 5/21 claim, and is a matter of public record. Tal v. Hogan, 453 F.3d 1244, 1265 n.24 (10th Cir. 2006); see also Faculty Handbook, C07: Faculty Disciplinary Policy (Approved by the Faculty Senate March 22, 2011; Approved by Board of Regents December 13, 2011), (herein after, \"University Policy C07\"). Dr. Rogers reviewed the findings and recommended that Plaintiff's sanction be training and other corrective measures. Id. at \u00b6\u00b6 79-81. According to Plaintiff, Dr. Rogers did not recommend that Plaintiff be suspended. Id. at \u00b6 81. Plaintiff further alleges that Dr. Rogers was required to share her proposed sanction with Defendant Catena and Senior Vice Provost Rodriguez before imposing it. Id. at \u00b6 84. Plaintiff claims that sharing a proposed sanction is not part of the University's policy. Id. Rather, he asserts the policy gives the Department Chair the sole responsibility for determining the appropriate sanction and provides only for review and approval by the individual's Dean. Id. at \u00b6 85. *6 6 Defendant Catena believed that Dr. Rogers' proposed sanction was too lenient and that Plaintiff \"should receive a more punitive sanction.\" Id. at \u00b6\u00b6 86-87. To that end, Plaintiff contends that Defendant Catena prepared a letter to Senior Vice Provost Rodriguez explaining her opinion that Dr. Rogers' proposed sanction was not harsh enough. Id. at \u00b6 88. Senior Vice Provost Rodriguez agreed with Defendant Catena, but under University Policy C07, neither Senior Vice Provost Rodriguez nor Defendant Catena had the authority to sanction Plaintiff. Id. at \u00b6\u00b6 89, 91. Plaintiff alleges that Defendant Catena and Senior Vice Provost Rodriguez removed Dr. Rogers as the sanctioning party by claiming that Dr. Rogers had a conflict of interest that prevented her from serving in that role. Id. at \u00b6 92. The conflict of interest was based on the following facts: 1) That Dr. Rogers initially reported conduct that was part of the investigation to the OEO; 2) that Dr. Rogers was later sanctioned by the University for failing to report Plaintiff's alleged sexual misconduct earlier than she had reported it; and 3) that Dr. Rogers expressed an inability to be impartial in a separate investigation regarding Defendant Chavez. 2/17/25, 3:38 Flor v. Univ. of N.M., Civ. No. 20-27 | Casetext Search + Citator 6/21 Id. at \u00b6 93. Plaintiff believes that those reasons were pretextual and that the University did not have a legitimate concern about Dr. Rogers' supposed conflict of interest. Id. at \u00b6\u00b6 94-95. According to Plaintiff, Defendant Catena and Senior Vice Provost Rodriguez knew (and were unconcerned) that Dr. Rogers \"reported alleged misconduct by Plaintiff and Defendant Chavez\" to the before Dr. Rogers was tasked with determining Plaintiff's sanction. Id. at \u00b6\u00b6 96-97. Moreover, Plaintiff claims that Dr. Rogers was sanctioned for failing to report the alleged misconduct earlier. Id. at \u00b6 98. The sanction against Dr. Rogers, however, was not imposed until after Dr. Rogers recommended a sanction against Plaintiff. Id. Finally, Plaintiff asserts that the perceived conflict *7 was pretextual because Dr. Rogers' statements about her ability to be objective were made only after the University sanctioned her for not reporting the misconduct earlier. Id. at \u00b6 99. 7 Senior Vice Provost Rodriguez appointed Defendant Camille Carey, Vice Dean of the University of New Mexico School of Law, to replace Dr. Rogers as the sanctioning party. Id. at \u00b6 103. Defendant Carey later proposed a one- year suspension without pay. Id. at \u00b6 114. Interim Dean Shawn Berman approved Defendant Carey's proposed sanction, which was then imposed. Id. at \u00b6 122.10 10 The Amended Complaint is unclear about who was responsible for imposing Plaintiff's sanction. For example, Plaintiff claims that under University Policy C07, the \"Dean must review and approve the proposed sanction before it is imposed.\" Doc. 17 at. \u00b6 77. But later allegations state that Defendant Carey was the individual who imposed Plaintiff's sanction, id. at \u00b6 114, and that she merely \"consulted\" with the Dean prior to the imposition of Plaintiff's sanction. Id. at \u00b6 122. At the July 15, 2020, hearing, Plaintiff clarified his position that Defendant Carey did not commit any policy violations as the sanctioning party. See July 15, 2020, Hr'g Tr. (Doc. 61 at 21:14-16) (noting that once Defendant Carey was appointed as the sanctioning party, she \"followed the proper steps under C07\"). Thus, the Court reads Plaintiff's allegations against Defendant Carey as being consistent with University Policy C07 as alleged in the Amended Complaint \u2014that Dean Berman reviewed and approved Defendant Carey's proposed sanction. 2/17/25, 3:38 Flor v. Univ. of N.M., Civ. No. 20-27 | Casetext Search + Citator 7/21 In addition to being suspended for one year without play, the sanction also prohibited Plaintiff from working more than 39 days for any employer other than the University under the University's Outside Employment policy. Id. at \u00b6 115. That policy does not expressly apply to suspended employees, but \"the University has made clear to Plaintiff that it expects him to abide by it.\" Id. at \u00b6 116. Plaintiff views this sanction as an attempt to terminate him without going through the required process to terminate a tenured employee. Id. at \u00b6 117. Moreover, the sanction prohibited Plaintiff from associating with the University of New Mexico if he were to publish his research during his suspension. Id. at \u00b6 119. Plaintiff asserts that this prohibition caused him to violate the terms of his research grants that require him to publish his findings in association with a University. Id. at \u00b6 120. Plaintiff maintains that Defendant Carey proposed this sanction without affording him an opportunity to have a hearing, to confront and cross-examine witnesses, to *8 present a full and complete defense, to submit exculpatory evidence, or to review all the evidence against him. Id. at \u00b6 121. 8 On February 21, 2020, Plaintiff appealed his sanction to the University's Peer Review Committee. Id. at \u00b6 148. At the hearing, Plaintiff could not challenge the OEO's finding that Plaintiff violated University policies. Id. at \u00b6 150. Moreover, Plaintiff was not allowed to be represented by counsel, although Defendant Carey\u2014a trained lawyer\u2014defended the sanction, submitted motions, and advocated for the use of the New Mexico Rules of Evidence. Id. at \u00b6\u00b6 151-54. At the time Plaintiff submitted his Amended Complaint, the decision of the Peer Review Committee had not yet been issued. Id. at \u00b6 157. The Court, however, takes judicial notice of the Peer Review Committee's decision, which was released on March 5, 2020. See Doc. 22-9 at 1. The hearing panel upheld Plaintiff's sanction. Id. at 8. 11 11 \"[F]acts subject to judicial notice may be considered in a Rule 12(b)(6) motion without converting the motion to dismiss into a motion for summary judgment,\" including the Court's \"own files and records, as well as facts which are a matter of public record.\" Tal, 453 F.3d at 1265 n.24. At the July 15, 2020, hearing, the parties agreed that the Court may take judicial notice of the uncontroverted record submitted in this case on Plaintiff's Motion for a and Preliminary Injunction (Doc. 22). See Hr'g Tr. at 17:7- 2/17/25, 3:38 Flor v. Univ. of N.M., Civ. No. 20-27 | Casetext Search + Citator 8/21 14. Because that record is properly the subject of judicial notice, see Tal, 453 F.3d at 1265 n.24, the Court takes judicial notice of the Peer Review Committee's decision without converting the Motion into a motion for summary judgment Rule 12(b)(6) motion \"tests the sufficiency of the allegations within the four corners of the complaint.\" Mobley v. McCormick, 40 F.3d 337, 340 (10th Cir. 1994). Courts must \"accept as true all well-pleaded factual allegations in a complaint and view [those] allegations in the light most favorable to the [non-moving party].\" Smith v. United States, 561 F.3d 1090, 1098 (10th Cir. 2009). The allegations must \"state a claim to relief that is plausible on its face.\" Id. (quoting Ridge at Red Hawk, L.L.C. v. Schneider, 493 F.3d 1174, 1177 (10th Cir. 2007). \"The claim is plausible only if it contains sufficient factual allegations to allow the court to reasonably infer liability.\" Moya v. Garcia, 895 F.3d 1229, 1232 (10th Cir. 2018) (citing Ashcroft v. Iqbal, *9 556 U.S. 662, 678 (2009)). The term \"plausible\" does not mean \"likely to be true.\" Robbins v. Okla., 519 F.3d 1242, 1247 (10th Cir. 2008 claim is facially plausible \"when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.\" Iqbal, 556 U.S. at 678 (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 556 (2007)). The factual allegations must \"raise a right to relief above the speculative level,\" Twombly, 550 U.S. at 555\u2014i.e., \"that discovery will reveal evidence to support the plaintiff's allegations.\" Shero v. City of Grove, Okla., 510 F.3d 1196, 1200 (10th Cir. 2007 \"formulaic recitation of the elements of a cause of action will not do.\" Twombly, 550 U.S. at 555. 9 I. Substitution of parties First, the Court must address viability of Plaintiff's claims against Defendant University of New Mexico. The University of New Mexico is not the proper suable entity under New Mexico law. See 1978, \u00a7 21-7-4 (1889) (\"The regents of the university and their successors in office shall constitute a body corporate under the name and style of, the regents of the university of New Mexico, with the right, as such, of suing and being sued . . . .\"). Plaintiff 2/17/25, 3:38 Flor v. Univ. of N.M., Civ. No. 20-27 | Casetext Search + Citator 9/21 concedes this is so and requests that the Court grant him leave to amend so that he may substitute the Board of Regents of the University of New Mexico as a defendant instead. See Doc. 52 at 7 n.2. University Defendants do not contest this substitution. See Doc. 56 at 2 n.2. Thus, the Court will dismiss Plaintiff's claims against Defendant University of New Mexico and will grant Plaintiff leave to amend his complaint to name the Board of Regents of the University of New Mexico. *10 10 II. Count I: Procedural due process claims for damages In Count I, Plaintiff alleges deprivations of his procedural due process rights under the Fourteenth Amendment of the United States Constitution. Plaintiff brings Count against Defendants Carey, Catena, and Cliffe (\"individual defendants\") in their individual capacities. 12 13 14 12 Plaintiff's Amended Complaint also alleges a violation of due process under Article \u00a7 18 of the New Mexico Constitution. See Doc. 17 at 20. He now \"concedes that he cannot maintain a claim . . . against [University] Defendants for damages because of violations of the New Mexico Constitution.\" Doc. 52 at 12 n.4. Thus, the Court will not dedicate any further time to that claim. 13 Plaintiff also alleges procedural due process violations by Defendant University of New Mexico. Doc. 17 at 20. Because the Court will dismiss the University from this lawsuit, the Court does not discuss any of Plaintiff's allegations against it. 14 Plaintiff's Amended Complaint does not clearly state whether this count is being pursued against the individual defendants in their official or individual capacities. Nevertheless, Plaintiff's Response clarifies that he intends for this claim to be against them in their individual capacities. Doc. 52 at 12 n.4. The thrust of University Defendants' argument is that Plaintiff's Amended Complaint fails to properly allege actions by each individual defendant that would constitute a constitutional due process violation. Doc. 41 at 7-9. It is well-established that a plaintiff must \"identify specific actions taken by particular defendants in order to make out a viable \u00a7 1983 . . . claim.\" Pahls v. Thomas, 718 F.3d 1210, 1226 (10th Cir. 2013) (internal quotation marks omitted) (emphases in original); Tonkovich v. Kan. Bd. of Regents, 159 F.3d 2/17/25, 3:38 Flor v. Univ. of N.M., Civ. No. 20-27 | Casetext Search + Citator 10/21 504, 518 (10th Cir. 1998) (\"[A] defendant may not be held liable under \u00a7 1983 unless he or she subjected a citizen to the deprivation, or caused a citizen to be subjected to the deprivation.\"). University Defendants contend that Plaintiff's Amended Complaint puts forth a collective theory of liability that is not based on the individual actions of each individual defendant. Doc. 41 at 8. They further assert that even if Plaintiff has sufficiently alleged conduct by each individual defendant, those allegations are legally insufficient to support Plaintiff's procedural due process claims. Doc. 56 at 3-4. The Court rejects University Defendants' contention that Plaintiff has failed to set forth theories of individual liability against the individual defendants. As the Court will discuss in *11 greater detail below, Plaintiff has alleged specific facts against each individual defendant. The question is thus whether those allegations are sufficient to state a claim that each individual defendant is responsible for violations of Plaintiff's procedural due process rights. Ultimately, they are not. 11 A. Allegations against Defendant Cliffe Recall, Defendant Cliffe replaced Mr. FitzSimons as the investigator on the dueling complaints against Plaintiff and Defendant Chavez. Doc. 17 at \u00b6 51. She prepared the OEO's Preliminary Letter of Determination, which set forth the preliminary findings of the investigation and invited Plaintiff to respond with any new evidence. Id. at \u00b6\u00b6 52-53, 55. As alleged, Defendant Cliffe refused to interview any of the twelve witnesses Plaintiff identified in response to the Preliminary Letter of Determination. Id. at \u00b6\u00b6 56, 60. Moreover, Plaintiff alleges that Defendant Cliffe refused to review a written statement submitted to the by one of Plaintiff's witnesses. Id. at \u00b6 61. Defendant Cliffe also prepared the Final Letter of Determination, which found that Plaintiff had violated University policy by engaging in quid pro quo sexual harassment and retaliation against Defendant Chavez. Id. at \u00b6\u00b6 60, 62. Based on that conduct, Plaintiff alleges that Defendant Cliffe violated his procedural due process rights by: (1) failing to have a formal hearing prior to finding that Plaintiff violated University policies, see id. at \u00b6 63; (2) not permitting Plaintiff to cross-examine any witnesses during the investigation, 2/17/25, 3:38 Flor v. Univ. of N.M., Civ. No. 20-27 | Casetext Search + Citator 11/21 id. at \u00b6 64; (3) preventing Plaintiff from presenting a full and complete defense, id. at \u00b6 65; (4) precluding Plaintiff from presenting witnesses of his choosing, id. at \u00b6 66; (5) failing to conduct a fair and equitable investigation, id. at \u00b6 67; (6) not allowing Plaintiff to see all the evidence against him, id. at \u00b6 68; and (7) failing to consider any of Plaintiff's purportedly *12 exculpatory evidence prior to issuing the findings that Plaintiff violated University policies, id. at \u00b6 69. 12 Notably, Plaintiff's allegations against Defendant Cliffe are limited to the OEO's investigation and findings. As far as the Amended Complaint is concerned, Defendant Cliffe had no role in the sanction phase of Plaintiff's case. \"To assess whether an individual was denied procedural due process, courts must engage in a two-step inquiry: (1) did the individual possess a protected interest such that the due process protections were applicable; and, if so, then (2) was the individual afforded an appropriate level of process.\" Montgomery v. City of Ardmore, 365 F.3d 926, 935 (10th Cir. 2004) (quoting Watson v. Univ. of Utah Med. Ctr., 75 F.3d 569, 577 (10th Cir. 1996)). University Defendants do not challenge Plaintiff's contention that he has a protected property right in his continued employment or a protected liberty interest \"in his good name, reputation, honor, and integrity.\" Doc. 17 at \u00b6\u00b6 173, 175. The Court's inquiry is therefore limited to whether Plaintiff has alleged constitutionally inadequate process. In Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532 (1985), the Supreme Court discussed the minimum process to which tenured public employees are entitled prior to any adverse employment action. The Court held that \" [t]he tenured public employee is entitled to oral or written notice of the charges against him, an explanation of the employer's evidence, and an opportunity to present his side of the story.\" Id. at 546. Those three requirements\u2014(1) notice; (2) an explanation of the evidence; and (3) an opportunity to respond\u2014satisfy the hearing requirements of pre- deprivation due process. Riggins v. Goodman, 572 F.3d 1101, 1108 (10th Cir. 2009 full evidentiary hearing is not required prior to an adverse employment action.\" West v. Grand Cty., 967 F.2d 362, 367 (10th Cir. 1992). *13 13 2/17/25, 3:38 Flor v. Univ. of N.M., Civ. No. 20-27 | Casetext Search + Citator 12/21 Plaintiff's allegations against Defendant Cliffe do not support a deprivation of Plaintiff's procedural due process rights. First, Plaintiff's allegations establish that he had notice of the charges against him. Indeed, prior to any findings, Plaintiff received the Preliminary Letter of Determination prepared by Defendant Cliffe, thus putting Plaintiff on notice of the charges against him. Second, the Preliminary Letter of Determination also included \"the results\" of the investigation and explained the OEO's proposed finding that Plaintiff violated the University's sexual harassment and retaliation policies. Id. at \u00b6 53. Thus, Plaintiff received an \"explanation of the employer's evidence.\" Loudermill, 470 U.S. at 546. Finally, Defendant Cliffe invited Plaintiff to respond to the Preliminary Letter of Determination with any new evidence, which Plaintiff did. Doc. 17 at \u00b6 55-56. Surely, providing a written response to the Preliminary Letter of Determination constitutes \"some opportunity\" to present his side of the case. Loudermill, 470 U.S. at 543. The Court concludes that Defendant Cliffe did not deprive Plaintiff of any of the pre-deprivation process that he was due. 15 16 15 Plaintiff acknowledges in his Amended Complaint that he fully cooperated in the investigation. Doc. 17 at \u00b6 38. The Court thus draws the reasonable inference that Plaintiff had notice of the complaint against him, such that he could cooperate in the investigation. 16 The Court believes it worth highlighting that Defendant Cliffe's involvement in the investigation only occurred after Mr. FitzSimons' investigation. Doc. 17 at \u00b6 51. As the Amended Complaint lays out, Mr. FitzSimons prepared an even earlier investigation report, which also invited Plaintiff to respond. Id. at \u00b6\u00b6 44-46. Thus, as alleged in his Amended Complaint, Plaintiff received notice of charges against him, an explanation of the evidence, and an opportunity to respond at least twice during the OEO's investigation. Plaintiff's arguments misconstrue the requirements of pre-deprivation process. \"The [pre-deprivation] hearing is merely the employee's chance to clarify the most basic misunderstandings or to convince the employer that [the adverse employment action] is unwarranted.\" Powell v. Mikulecky, 891 F.2d 1454, 1458 (10th Cir. 1989). \"It should be an initial check against mistaken decisions\u2014essentially, a determination of whether there are 2/17/25, 3:38 Flor v. Univ. of N.M., Civ. No. 20-27 | Casetext Search + Citator 13/21 reasonable grounds to believe that the charges against the employee are true and support the proposed action.\" Loudermill, 470 U.S. *14 at 545-46 (emphasis added). Something less than a full evidentiary hearing is required. Id. at 545; Riggins, 572 F.3d at 1108. Rather, the \"opportunity to present reasons, either in person or in writing, why proposed action should not be taken is a fundamental due process requirement.\" Loudermill, 470 U.S. at 546. But \"[t]o require more than [that] prior to termination would intrude to an unwarranted extent on the government's interest in quickly removing an unsatisfactory employee.\" Id. 14 Because the Supreme Court has flatly rejected the notion of elaborate pre- deprivation process when post-deprivation procedures are available, see id. at 545, and because the facts alleged in the Amended Complaint establish that Defendant Cliffe provided Plaintiff all the requirements of a pre- deprivation hearing, Plaintiff has failed to state a claim that Defendant Cliffe is personally responsible for violating Plaintiff's procedural due process rights. B. Allegations against Defendant Catena Plaintiff alleges that Defendant Catena violated his procedural due process rights through three actions: (1) requiring Dr. Rogers to share her proposed sanction with Defendant Catena, Doc. 17 at \u00b6 83; (2) endeavoring to remove Dr. Rogers as the sanctioning party, id. at \u00b6\u00b6 88, 92; and (3) approving Defendant Cliffe's finding that Plaintiff violated University policies without first reviewing purportedly exculpatory evidence or affording Plaintiff a fair and equitable investigation, the opportunity to see all of the evidence against him, or a formal hearing where he could present, cross-examine, and confront witnesses, and present a full and complete defense, id. at \u00b6\u00b6 62-69. First off, the Court rejects Plaintiff's argument that Defendant Catena violated his due process rights because of her approval of Defendant Cliffe's findings. As the Court discussed above, Plaintiff has failed to allege that his pre-deprivation process was constitutionally deficient *15 as to Defendant Cliffe. Similarly, he fails to establish that Defendant Catena's approval of that process, by way of her signature on the OEO's Final Letter of Determination, constitutes a due process violation. 15 2/17/25, 3:38 Flor v. Univ. of N.M., Civ. No. 20-27 | Casetext Search + Citator 14/21 Atencio v. Bd. of Educ. of Penasco Indep. Sch. Dist. No. 4, 658 F.2d 774, 779 (10th Cir. 1981) (emphasis added) (favorably quoting Bates v. Sponberg, 547 F.2d 325, 329-30 (6th Cir. 1976), which involved a dismissal of a tenured professor who alleged that the Board of Regents failed to observe procedural safeguards required by its own regulations); see also Brown v. Youth Ctr. at Topeka, 883 F. Supp. 572, 577 (D. Kan. 1995), aff'd, 74 F.3d 1248 (10th Cir. 1996) (\"Defendants' *16 failure to follow established policy and procedure does not necessarily violate plaintiff's right to procedural due process.\"). The vital inquiry is thus not whether an internal policy was violated, but whether the individual received all the process required by the Due Process Clause. See Brown, 883 F. Supp. at 581 (concluding that \"as a matter of law, defendants' failure to follow established policy and procedure did not deny plaintiff a fair forum for protecting his [protected property interest].\"). Plaintiff's remaining two arguments aimed at Defendant Catena's purported liability rely on University Policy C07. See Doc. 17 at \u00b6\u00b6 76-78. As clarified during the July 15, 2020 hearing, Plaintiff alleges that (1) Defendant Catena's review of Dr. Rogers' proposed sanction and (2) her involvement in Dr. Roger's removal as sanctioning party were marked departures from University Policy C07 that violated Plaintiff's due process rights. Hr'g Tr. at 13:11-25, 12:1-9. \"[A] school's failure to follow its own procedures does not, in itself, give rise to a due process violation.\" Dixon v. Regents of Univ. of New Mexico, 242 F.3d 388, n.4 (10th Cir. 2000) (unpublished table decision) (observing that university did not violate student's due process rights by dismissing student without following its own procedures); see also Trotter v. Regents of Univ. of New Mexico, 219 F.3d 1179, 1185 (10th Cir. 2000) (collecting cases) (stating that failure to follow university's own procedures \"would not, by itself, give rise to a constitutional claim under the Fourteenth Amendment\"). Indeed, [i]t is not every disregard of its regulations by a public agency that gives rise to a cause of action for violation of constitutional rights. Rather, it is only when the agency's disregard of its rules results in a procedure which in itself impinges upon due process rights that a federal court should intervene in the decisional processes of state institutions. 16 2/17/25, 3:38 Flor v. Univ. of N.M., Civ. No. 20-27 | Casetext Search + Citator 15/21 As the Court has already explained, Plaintiff's allegations establish that he received all the pre-deprivation process he was due\u2014notice of the charges against him, an explanation of the employer's evidence, and an opportunity to respond. The allegations in the Amended Complaint do not state a due process claim against Defendant Catena. C. Allegations against Defendant Carey Plaintiff posits that Defendant Carey violated his due process rights because \"she imposed an extreme sanction.\" Doc. 52 at 11. According to Plaintiff, that allegation is sufficient to state a claim against Defendant Carey. Id. Accepting that Defendant Carey, not Dean Berman, had the authority to impose Plaintiff's sanction, the Court still does not believe that Plaintiff has stated a due process claim against Defendant Carey. Plaintiff alleges that the sanction was extreme because, in addition to suspending Plaintiff for one year, the sanction prohibits him from working for more than 39 days for an outside organization. Doc. 17 at \u00b6 115. This, Plaintiff believes, is an attempt to terminate him without going through the proper procedures for the termination of a tenured faculty member. Id. at \u00b6 117. But as the Court has previously explained, the question is not whether Defendant Carey followed the University's internal procedures if her actions were indeed an attempt to effectively terminate Plaintiff. Rather, the important inquiry is whether Plaintiff received the process he was *17 due under the Due Process Clause. See See Brown, 883 F. Supp. at 581. The Court concludes that the process Plaintiff received\u2014as alleged by Plaintiff\u2014would have been sufficient pre-deprivation process even in the event of termination. See Loudermill, 470 U.S. at 546 (describing the pretermination process required for a tenured employee as notice, an explanation of the employer's evidence, and an opportunity to respond). 17 At the July 15, 2020, hearing, Plaintiff also argued that Defendant Carey violated University Policy C07 by sanctioning Plaintiff at all and that Defendant Carey's replacement of Dr. Rogers as the sanctioning party violated Plaintiff's due process rights. Hr'g Tr. at 21: 9-14, 19-24. That argument, however, fails to grapple with Senior Vice Provost Rodriguez's responsibility as the individual Plaintiff alleges had the authority to appoint 2/17/25, 3:38 Flor v. Univ. of N.M., Civ. No. 20-27 | Casetext Search + Citator 16/21 Defendant Carey as the sanctioning party. See Doc. 17 at \u00b6\u00b6 102-03. Thus, Plaintiff fails to allege that actions taken by Defendant Carey resulted in his purported harm\u2014instead, it appears that his allegations concern the actions of Senior Vice Provost Rodriguez, who is not a party to this lawsuit.17 17 At the July 15, 2020, hearing, Plaintiff requested leave to amend to add Senior Vice Provost Rodriguez as a party. Hr'g Tr. at 31:1-9. As described herein, the Court will allow Plaintiff to file a second amended complaint. Finally, Plaintiff maintains that Defendant Carey violated Plaintiff's due process rights by denying him a formal hearing where he could present witnesses, cross-examine witnesses against him, present a complete defense, submit exculpatory evidence, or review the evidence against him\u2014 essentially the same allegations he raises against Defendants Cliffe and Catena. See Doc. 17 at \u00b6 121. But like the arguments made against Defendants Cliffe and Catena, Plaintiff is not entitled to those due process protections before adverse action is taken against him. See Riggins, 572 F.3d at 1108 (describing the requirements of pre-deprivation process). *18 18 D. Relevance of post-deprivation process Important to the Court's conclusion is the acknowledgment in Plaintiff's Amended Complaint that he received some post-deprivation process. Indeed, Plaintiff alleges that following his suspension he appealed his sanction to the University's Peer Review Committee. Doc. 17 at \u00b6 148. The Committee held a hearing to determine the propriety of Plaintiff's sanction. See id. at \u00b6\u00b6 151, 155. But, as alleged, Plaintiff was not permitted to challenge Defendant Cliffe's findings during that hearing. Id. at \u00b6 149. He was also prohibited from being represented by counsel at that hearing. Id. at \u00b6 151 full evidentiary hearing is not required prior to an adverse employment action,\" \"[b]ecause the post-termination hearing is where the definitive fact- finding occurs.\" West, 967 F.2d at 367, 368 (internal quotation marks omitted). Indeed, \"[a] 'full post-termination hearing' is understood to include the right to representation by an attorney and the right to cross- examine adverse witnesses.\" Tonkovich, 159 F.3d at 517-18 (quoting Workman v. Jordan, 32 F.3d 475, 480 (10th Cir. 1994)); but see McClure v. Indep. Sch. Dist. No. 16, 228 F.3d 1205, 1211 (10th Cir. 2000) (describing that statement as 2/17/25, 3:38 Flor v. Univ. of N.M., Civ. No. 20-27 | Casetext Search + Citator 17/21 dicta). Thus, based on the allegations in the Amended Complaint, the Peer Review Committee's hearing contained procedural flaws\u2014e.g., not permitting Plaintiff to be represented by counsel and prohibiting Plaintiff from challenging the OEO's factual findings. But Plaintiff does not allege which of the remaining defendants is responsible for the procedural deficiencies associated with his post-deprivation process. Because that essential allegation is missing, Plaintiff fails to state a claim that his post- deprivation process was deficient. *19 18 19 18 When post-deprivation process is not provided, the Tenth Circuit has applied the post-deprivation hearing requirements to the pre-deprivation analysis. See McClure, 228 F.3d at 1211 (\"Although the hearing at issue was a pretermination hearing, it was the only one provided to Mrs. McClure. Consequently, our due process inquiry is governed by the requirements applied to post-termination hearings.\"). But here, Plaintiff clearly alleges that post-deprivation process was available to him, but was deficient. -------- In sum, the Court concludes that Plaintiff has failed to state a claim for the deprivation of his pre-deprivation due process rights by any of the individual defendants. The Court further concludes that Plaintiff has failed to state a due process claim as to his post-deprivation process. The Court will thus dismiss Count without prejudice. III. Count II: Injunctive relief for purported due process violations Having determined that Plaintiff has failed to state a due process claim against any of the individual defendants, the Court will dismiss without prejudice Count II, which seeks injunctive relief for the same purported due process violations. IV. Count III: Declaratory relief for purported due process violations For the same reasons as Count II, the Court will dismiss without prejudice Count III, where Plaintiff seeks declaratory relief for purported due process violations. V. Counts and VI: Breach of contract and breach of the implied covenant of good faith and fair dealing 2/17/25, 3:38 Flor v. Univ. of N.M., Civ. No. 20-27 | Casetext Search + Citator 18/21 In Count V, Plaintiff alleges that \"Defendant University, acting through its Board of Regents and employees, created express contracts when Plaintiff accepted an offer of employment as a faculty member and when Plaintiff was granted tenure as an Associate Professor at the Anderson School of Management.\" Doc. 17 at \u00b6 230. In Count VI, Plaintiff further alleges that \"Defendant University's express contracts with Plaintiff included an implied covenant of good faith and fair dealing which implicitly guaranteed that any investigatory and disciplinary proceedings would be conducted with basic fairness.\" Id. at \u00b6 236. *20 20 As the Court has already explained, Defendant University of New Mexico is not the proper suable entity under New Mexico law. See \u00a7 21-7-4. Accordingly, the Court will dismiss Plaintiff's contractual claims against the University. VI. The Court will allow Plaintiff to amend the complaint \"[T]he grant of leave to amend the pleadings pursuant to Federal Rule of Civil Procedure 15(a) is within the discretion of the trial court.\" Zenith Radio Corp. v. Hazeltine Research, Inc., 401 U.S. 321, 330 (1971). The Rule itself states that \"leave shall be freely given when justice so requires.\" Fed. R. Civ. P. 15(a). The purpose of Rule 15 is to provide litigants \"the maximum opportunity for each claim to be decided on its merits rather than on procedural niceties.\" Hardin v. Manitowoc-Forsythe Corp., 691 F.2d 449, 456 (10th Cir. 1982). Indeed, \"Rule 15 . . . was designed to facilitate the amendment of pleadings except where prejudice to the opposing party would result.\" United States v. Hougham, 364 U.S. 310, 316 (1960); see also Evans v. McDonald's Corp., 936 F.2d 1087, 1090-91 (10th Cir. 1991) (\"As a general rule, a plaintiff should not be prevented from pursuing a valid claim . . . provided always that a late shift in the thrust of the case will not prejudice the other party in maintaining his defense upon the merits.\" (internal quotation marks omitted)). In addition to the standard under Rule 15(a), the Court must also consider Rule 16 because the deadline set forth in the Court's scheduling order for such amendments has passed. See 2/17/25, 3:38 Flor v. Univ. of N.M., Civ. No. 20-27 | Casetext Search + Citator 19/21 (Doc. 13 at 2) (setting a March 30, 2020, deadline for Plaintiff to amend). Rule 16 provides that \"a scheduling order may be modified only for good cause and with the judge's consent.\" Gorsuch, Ltd., B.C. v. Wells Fargo Nat'l Bank Ass'n, 771 F.3d 1230, 1240 (10th Cir. 2014). Thus, \"[a]fter *21 a scheduling order deadline, a party seeking leave to amend must demonstrate (1) good cause for seeking modification under Fed. R. Civ. P. 16(b)(4) and (2) satisfaction of the Rule 15(a) standard.\" Id. at 1240. 21 The Court finds that good cause exists to permit Plaintiff to file a second amended complaint and that University Defendant will not be prejudiced as a result. In doing so, the Court notes University Defendants' objection to any amendment beyond the substitution of the University of New Mexico Board of Regents for Defendant University of New Mexico. Doc. 56 at n.2. While the period for permissive amendment has passed, see Doc. 13 at 2, University Defendants will face little prejudice at this stage in the proceedings. Indeed, at the July 15, 2020, hearing, Plaintiff informed the Court that he had just served discovery, no depositions had yet been taken, and University Defendants had not engaged in any discovery. Hr'g Tr. at 34:7-9. Moreover, there is no indication that Plaintiff has not been diligent in pursuing his case\u2014in fact, quite the opposite. The Court will thus allow Plaintiff to file a second amended complaint THAT: (1 (Doc. 40) is GRANTED. (2) Counts I, II, III, V, and are without prejudice. (3) Plaintiff may, if he chooses, file a second amended complaint by August 31, 2020. 2/17/25, 3:38 Flor v. Univ. of N.M., Civ. No. 20-27 | Casetext Search + Citator 20/21 (4) If Plaintiff files a second amended complaint, Defendants must file any Rule 12(b)(6) motions by September 21, 2020. /s/_________ About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/17/25, 3:38 Flor v. Univ. of N.M., Civ. No. 20-27 | Casetext Search + Citator 21/21", "8515_108.pdf": "first corresponded with University of New Mexico professor Nick Flor in September, when he sent an email through FIRE\u2019s case submission page. In his email, Flor detailed how a brief, ill-advised romantic correspondence with a 35-year-old female graduate student (who was not in any of his classes or under his supervision) turned menacing when she threatened to expose their communications to people in his department if he did not reply to her emails. Professor Flor was trying to end their correspondence. But when he reported her extortion efforts to the university as harassment, they found him responsible for harassment, in a decision that defies all of the facts of the case (which are very clear and incontrovertible, because the entirety of their communications took place over email and text). As of now, Flor has been suspended for a year without pay, and is prohibited by the university\u2019s \u201coutside work\u201d policy from working more than 39 days at any other job. It is very difficult to fire a tenured professor, so by depriving Flor of the ability to support himself during his suspension, it seems that is trying to force him out instead. Oh, and did mention all of this happened without so much as a hearing or an opportunity for professor Flor to confront his accuser in any way? UNM\u2019s actions, shocking as they are, reflect just how low universities are willing to sink when they think no one is watching. Unfortunately for UNM, Nick Flor \u2014 to his great credit \u2014 has been unwilling to take this lying down. Not only for his own sake, but because he recognizes that egregious abuses of student and faculty due process rights are commonplace at institutions around the country, particularly in the context of campus Title adjudications. So, for the past several months, Reason reporter Robby Soave has been working on an expos\u00e9 of UNM\u2019s egregious mistreatment of Nick Flor. That article came out today, and we can now begin to shed some sunlight on the dark corners of UNM\u2019s disciplinary processes mockery of justice at the University of New Mexico by Samantha Harris December 10, 2019 Become a member Soave details how Flor was approached by a 35-year-old graduate student \u2014 whom Soave refers to by the pseudonym \u201cJulia\u201d \u2014 in a copy room at the university, and how the two then struck up an email exchange that briefly (for a period of several weeks) turned romantic before Flor thought better of it and re-directed the conversation to amicable and professional topics. Over the course of their correspondence, they also discussed the possibility that Julia might work for Flor as a summer research assistant. He continued to offer her that job after he ceased their romantic communications, but she angrily turned it down. The longer Flor refused to engage in romantic correspondence, the angrier Julia became, ultimately threatening to expose their communications to people in his department, stating in a June 24, 2018, email (on file with FIRE), \u201ceven though do not know what their faces look like, it\u2019s still fun to picture and imagine what their faces would look like if were to send them those screenshots \u2026 .\u201d She continued to threaten to expose their relationship over the next several days, writing on June 29, \u201cif you\u2019re my friend, truly - then you can know you can me 100%. that i will never intentionally hurt or attack you, frustrate you etc. However, on the other hand, if you are not my friend, that is a different story and i can 100% not make those promises.\u201d That week, Flor reported her threats to his department chair, and the university opened a harassment investigation into Julia. But when university administrators met with her, she filed a complaint of her own, accusing Flor of quid pro quo harassment (over the job offer) and retaliation (for accusing her of harassment). Both of these claims are patently absurd: The email timeline unequivocally establishes that Flor continued to offer Julia the job after he discontinued their romantic correspondence, and it is hardly retaliation to report someone for trying to extort you. But, as Soave writes, the university saw it differently: Interestingly, these findings came only after the university, without explanation, dismissed the outside investigator it assigned to the case and replaced him with its own internal investigator. The university has yet to offer any reason for this replacement. Flor appealed the university\u2019s decision to UNM\u2019s Board of Regents, which could, in its discretion, take up appeals in cases like his. At this point wrote a letter to the regents, detailing the egregious due process violations in Flor\u2019s case and urging them to overturn the decision: The report found him responsible for quid pro quo sexual harassment and retaliation. In the [Office of Equal Opportunity\u2019s] view, Julia might have believed that she needed to send him sexual messages in order to get the research position\u2014a classic example of quid pro quo harassment. Flor\u2019s decision to report Julia\u2019s threats constituted retaliation. The Regents declined to hear Flor\u2019s appeal, however, and he was ultimately suspended for a year without pay. Moreover, as Soave writes: While Flor is still permitted to appeal the severity of his sanction through a faculty \u201cpeer hearing,\u201d the faculty panel is limited to considering the appropriateness of the sanction, and may not reconsider the underlying facts of the case. Nick Flor knows that his email relationship with Julia was ill-advised: But making a poor decision about having a consensual, extramarital flirtation is a far cry from harassment and retaliation, and UNM\u2019s conduct in this case has been nothing short of reprehensible. With no hearing, and no opportunity for cross-examination, it found a professor guilty of harassment in defiance of all of the evidence, and is now trying to force him out by wrongly suspending him and then prohibiting him from earning a living during his suspension. One of FIRE\u2019s unofficial mottos has always been that universities cannot defend in public what they try to do in private. The University of New Mexico\u2019s conduct is now public, and hopes that alumni, donors, the media, and the public will demand that the university provide Nick Flor with the fundamental rights to which he is both constitutionally and morally entitled. Credibility is a significant factor in Flor\u2019s case. [Julia] has a history of erratic behavior with faculty, and Flor was not the first faculty member to file a harassment complaint against her. In addition, another professor who did not file a formal complaint against her cut off communications with her after becoming uncomfortable with the nature of her communications. (She has now filed a complaint against that professor as well.) Had Flor been given the opportunity to ask questions of [Julia] or of these witnesses during a proper hearing, he might have been able to call into question her credibility in this case\u2014but provided him no such opportunity. Not only was Flor unable to confront his accuser in any meaningful way (such as by cross-examining her or even by posing questions through a hearing panel did not even interview many of the individuals who Flor believed might have critical exculpatory information. These egregious denials of due process led to a finding of responsibility in his case that is wholly unsupported by the evidence. In the meantime, Flor can\u2019t even look for alternative long-term work. The University of New Mexico has a policy prohibiting employees from working at any other job for more than 39 days per year. Flor asked the administration if he still counted as an employee during the term of his suspension. He was informed that he did can\u2019t excuse my behavior,\u201d Flor tells Reason exercised poor judgment.\u201d \u00a9 2024 Foundation for Individual Rights and Expression 510 Walnut St. | Suite 900 Philadelphia 19106 [email protected] 215-717"} |
7,929 | Jay Jorgenson | Yale University | [
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] | {"7929_101.pdf": "The Crimson is a student-run nonprofit. Please support us by disabling AdBlock for our site. Faculty-Student Sex Banned at Yale * Harassment case involving professor prompts change in official policy By Christopher T. Boyd November 18, 1997 Harvard Quietly Resolves Anti- Palestinian Discrimination Complaint With Ed. Department Following Dining Hall Crowd Harvard College Won\u2019t Say It Tracked Wintersession Mo Yale's administration has announced that it will ban all sexual relations between faculty members and students, both undergraduate and graduate. The decision came one year after a sexual harassment grievance board at Yale ruled that an assistant mathematics professor at Yale, Jay Jorgenson, had sexually harassed a female first-year. Harvard adopted a similar policy in 1995 after a Faculty meeting with little debate. \"It became apparent that the guidelines in terms of relations and sexual harassment needed to be clarified,\" said Kimberly Taylor, president of Yale's student body. \"The past guidelines have been nebulous or unclear and there was a great deal of room for interpretation--which causes a problem.\" Sections 2/17/25, 3:39 Faculty-Student Sex Banned at Yale | News | The Harvard Crimson 1/4 The key element of the new proposal is the \"conflict of interests\" rule, which \"defines any student-teacher sexual relationship as an inherent conflict of interest which could jeopardize the learning environment,\" according to the Yale Daily News. The prior regulations only stipulated that teaching assistants could not have sex with their students. There was no provision made for professors. The proposed policy allows students to make complaints about a faculty member's behavior to administrators, or file a formal \"conflict of interests complaint\" with the dean of their school, or the dean of the school to which the professor belongs. The new proposal is not yet final joint student-faculty committee, which first convened in March, recently submitted the policy change to Yale's provost. Twelve Yale deans have been asked to comment on it formal decision by the administration is expected by Jan. 1. Taylor, the student body president, said most Yale students agree that the new proposal is a \"wise policy.\" But at Harvard, the policy passed over objections from some faculty and students who argued that University officials were wrong--and unrealistic--to regulate love. Kenan Professor of Government Harvey C. Mansfield, Jr. '53, who married a student, has long expressed opposition to the prohibition of sex between students and faculty. \"Where are professors going to find their wives and husbands?\" he said. Mansfield said he believed there should be no sexual relations between faculty members and students enrolled in their courses. Of Yale's proposal to ban student-faculty sex, he said: \"in practice they would find that very difficult to administer.\" If such a policy had existed at Harvard in 1937, Walburg Professor of Economics, Emeritus, John Kenneth Galbraith '50, would have been prohibited from marrying the woman who is still his wife. But Galbraith has changed with the times. He said his strict Canadian upbringing guides him on the issue. Sections 2/17/25, 3:39 Faculty-Student Sex Banned at Yale | News | The Harvard Crimson 2/4 Want to keep up with breaking news? Subscribe to our email newsletter The action taken by Harvard and Yale is \"a good warning\" and \"a wise policy\" for the respective administrations to adopt, he said 1. Harvard Researchers Discover Origin of Indo-European Language Family 2. I\u2019m a Former Dean. Here\u2019s What Trump\u2019s Cuts Will Actually Do. 3. Law Firm Withdraws From Representing Prof. Gino in Suit Against Harvard 4. Harvard Researchers Brace for Impact As Threatens To Limit Support For Indirect Costs 5. Reasons Why You Wore Your Harvard Sweatshirt to the Airport The Harvard Crimson's Guide To Your Summer Opportunities | 2025 Over 300+ courses at prestigious colleges and universities in the and are at your disposal Three Ways Collegiate Can Reduce Your Financial Stress With innovative financial tools combined with financial education, Collegiate empowers students to take control of their finances and build confidence in their money management skills Build Community at Harvard: Summer 2025 Proctor Opportunities Serve as a proctor for Harvard Summer School (HSS) students, either in the Secondary School Program (SSP), General Program (GP), or Pre-College Program. Sections 2/17/25, 3:39 Faculty-Student Sex Banned at Yale | News | The Harvard Crimson 3/4 The Harvard Crimson The University Daily, Est. 1873 News Opinion Arts Blog Magazine Videos Sports General Diversity & Inclusion Privacy Policy Rights & Permissions Sitemap Advertising Newsletters Journalism Programs Corrections Copyright \u00a9 2025 The Harvard Crimson, Inc Successful Law School Essays | 2024 With an increasingly competitive Law School admissions process, it's important to understand what makes an applicant stand out Huckberry Holiday Guide Welcome to your one-stop gifting destination for men and women\u2014it's like your neighborhood holiday shop, but way cooler Siddharth's Essay Admit Expert is a premium admissions consulting company, helping candidates secure admission to top B-schools across the globe with significant scholarships. Sections 2/17/25, 3:39 Faculty-Student Sex Banned at Yale | News | The Harvard Crimson 4/4", "7929_102.pdf": "By By UPDATED: UPDATED: August 26, 2021 at 12:41 August 26, 2021 at 12:41 Yale grievance board has found a university professor guilty of sexual Yale grievance board has found a university professor guilty of sexual harassment following revelations that he allegedly had an affair with a 17- harassment following revelations that he allegedly had an affair with a 17- year-old female student in his class. year-old female student in his class. The finding against Jay Jorgenson, an assistant professor of mathematics, The finding against Jay Jorgenson, an assistant professor of mathematics, followed a complaint by the Yale freshman after the alleged two-month followed a complaint by the Yale freshman after the alleged two-month sexual relationship ended. sexual relationship ended. University regulations do not explicitly bar faculty from sexual relationships University regulations do not explicitly bar faculty from sexual relationships with students, but faculty are urged to avoid such relationships. Jorgenson with students, but faculty are urged to avoid such relationships. Jorgenson was found by a Yale grievance board to have violated those rules, which was found by a Yale grievance board to have violated those rules, which places the burden of proving the relationship was consensual on the teacher, places the burden of proving the relationship was consensual on the teacher, if a sexual harassment complaint arises. if a sexual harassment complaint arises. The board recommended that Jorgenson be barred from teaching The board recommended that Jorgenson be barred from teaching undergraduates and be dismissed at the end of the semester. undergraduates and be dismissed at the end of the semester. Tom Conroy, a university spokesman, said that actions of the board Tom Conroy, a university spokesman, said that actions of the board concerning the complaint were confidential and that he could not comment. concerning the complaint were confidential and that he could not comment 2/17/25, 3:39 \u2013 Hartford Courant 1/2 1996 1996 \ue907 \ue907November November \ue907 \ue90799 Originally Published: Originally Published: November 9, 1996 at 5:00 November 9, 1996 at 5:00 According to the Yale Daily News, the student, who has not been identified, According to the Yale Daily News, the student, who has not been identified, told her freshman counselor about the alleged affair and filed a complaint told her freshman counselor about the alleged affair and filed a complaint against the professor after the relationship soured last semester. against the professor after the relationship soured last semester. The grievance board reviewed the complaint, heard testimony from both The grievance board reviewed the complaint, heard testimony from both student and teacher, and issued its recommendations to Richard Brodhead, student and teacher, and issued its recommendations to Richard Brodhead, dean of Yale College. The dean, who accepted the board\u2019s finding, has dean of Yale College. The dean, who accepted the board\u2019s finding, has discretion in terms of handling the matter, said Peter Parker, a physics discretion in terms of handling the matter, said Peter Parker, a physics professor who served on the grievance panel. Parker declined further professor who served on the grievance panel. Parker declined further comment. comment. Jorgenson, who received a reprimand for his behavior, was scheduled to leave Jorgenson, who received a reprimand for his behavior, was scheduled to leave the university at the end of the semester for a teaching position at Ohio State the university at the end of the semester for a teaching position at Ohio State University before the board issued its recommendations. University before the board issued its recommendations. There has been much student interest in the case. Letters to the campus There has been much student interest in the case. Letters to the campus newspaper debate whether the professor was treated too leniently. The case newspaper debate whether the professor was treated too leniently. The case was also the topic of a recent forum at the Yale Women\u2019s Center. was also the topic of a recent forum at the Yale Women\u2019s Center. \u201cWe\u2019re all very concerned about how the process is taken care of and what \u201cWe\u2019re all very concerned about how the process is taken care of and what kind of message it sends,\u201d said Sarah Russell, a coordinator at the Women\u2019s kind of message it sends,\u201d said Sarah Russell, a coordinator at the Women\u2019s Center. Another session on sexual harassment is being planned, Russell Center. Another session on sexual harassment is being planned, Russell added. \u201cWe\u2019re concerned that if students feel they have been harassed, they added. \u201cWe\u2019re concerned that if students feel they have been harassed, they will be listened to.\u201d will be listened to.\u201d 2/17/25, 3:39 \u2013 Hartford Courant 2/2", "7929_103.pdf": "Annals of Law The Trouble With Sex By Jeffrey Toobin February 1, 1998 Save this story 2/17/25, 3:39 The Trouble With Sex | The New Yorker 1996%2C after a Yale,between teachers and their students. 1/7 The New Yorker, February 9, 1998 P. 48 about sexual-harassment laws. Only a month ago, it would have been difficult to imagine a more luridly embarrassing accusation against a U.S. President than the one of sexual harassment in the case of Paula Corbin Jones v. William Jefferson Clinton. But, on January 20th, the news broke of former White House intern Monica Lewinsky's tape-recorded descriptions of her purported affair with the President. Jones claims that Clinton grossly propositioned her; Lewinsky has apparently said that Clinton asked her to lie under oath about their relationship. Both accusations emerge out of the law of sexual harassment--a legal area that has come to be invoked almost automatically whenever a case involves sexual intrigue between 2 people at different levels of a chain of workplace command. The doctrine of sexual harassment may seem simple, but in its relatively brief life, it has become one of the most politicized areas in American law... During the debate over the Civil Rights Act of 1964, Congressman Howard W. Smith filed a last-minute amendment to try to kill the bill which proposed that Title VII, which banned racial discrimination in 2/17/25, 3:39 The Trouble With Sex | The New Yorker 1996%2C after a Yale,between teachers and their students. 2/7 employment, also ban discrimination on the basis of sex. The bill passed, and the rest is history. Sexual-harassment scholar Catharine MacKinnon, who holds joint appointments at the law schools of the Universities of Michigan and Chicago, is one of the pioneers of the sexual-harassment field of law... In the '70s and '80s, MacKinnon's work evolved into conventional wisdom. In 1977, Yale established guidelines for sexual harassment on campus, and in 1980, the Equal Employment Opportunity Commission issued the first comprehensive guidelines on gender- based harassment. As the years passed, however, more judges and scholars came to regard MacKinnon's position as idiosyncratic. Her implication was clear: consent is a myth; all sex is harassment. The subject of sexual harassment was introduced to the public with the epic Clarence Thomas-Anita Hill hearings before the Senate Judiciary Committee, in 1991... The Thomas hearings may have made a case like Paula Jones's inevitable. In a recent public controversy Yale University discovered the difficulties of regulating consensual sex. In 1996, after a Yale student confessed to having had a consensual affair with her professor, Jay Jorgenson, he was investigated and reprimanded by the university and eventually his career was ruined. Last November, Yale officially banned all sexual relations between teachers and their students. In April of this year, a law professor named Vicki Schultz will publish a groundbreaking article in the Yale Law Journal entitled \"Reconceptualizing Sexual Harassment,\" which is part of a large-scale reassessment of the law in light of the Thomas-Hill case. Schultz argues that it is gender discrimination\u2014not the act of sex itself\u2014that the law ought to be preventing. View Article Published in the print edition of the February 9, 1998, issue, with the headline \u201cThe Trouble With Sex.\u201d 2/17/25, 3:39 The Trouble With Sex | The New Yorker 1996%2C after a Yale,between teachers and their students. 3/7 Jeffrey Toobin, the chief legal analyst for CNN, was a staff writer at The New Yorker from 1993 to 2020. Get The New Yorker\u2019s daily newsletter Keep up with everything we offer, plus exclusives available only to newsletter readers, directly in your in-box. By signing up, you agree to our user agreement (including class action waiver and arbitration provisions), and acknowledge our privacy policy. Read More Critic at Large What if the Attention Crisis Is All a Distraction? From the pianoforte to the smartphone, each wave of tech has sparked fears of brain rot. But the problem isn\u2019t our ability to focus\u2014it\u2019s what we\u2019re focussing on. By Daniel Immerwahr Annals of Inquiry What an Insomniac Knows What\u2019s really going on when you can\u2019t power down? By Adam Gopnik Sign up 2/17/25, 3:39 The Trouble With Sex | The New Yorker 1996%2C after a Yale,between teachers and their students. 4/7 The New Yorker Interview We Might Have to \u201cShut Down the Country\u201d Anthony Romero, the A.C.L.U.\u2019s executive director, talks about what he thinks could happen if the Trump Administration defies the authority of the courts. By David Remnick The Food Scene Hawaiian Barbecue Brings New Yorkers the Plate Lunch The Honolulu-based franchise specializes in simple meals that stick to the ribs. By Helen Rosner The Sporting Scene The Tragedy and Farce of Luka Don\u010di\u0107\u2019s Trade The Dallas Mavericks handed their leading man to the Los Angeles Lakers. Now everyone is trying to make it make sense. By Louisa Thomas Photo Booth The Man Who Captured the Unique Beauty of Snowflakes The microphotographic innovator Wilson Bentley believed that \u201cevery crystal was a masterpiece of design.\u201d By Chris Wiley The Front Row The Manic Brilliance of \u201cBreakfast of Champions\u201d Scorned by critics on its release, in 1999, Alan Rudolph\u2019s Kurt Vonnegut adaptation now emerges as an inspired comic extravaganza, whose very originality was its undoing. 2/17/25, 3:39 The Trouble With Sex | The New Yorker 1996%2C after a Yale,between teachers and their students. 5/7 By Richard Brody The New Yorker Radio Hour Celebrating 100 Years: Jia Tolentino and Roz Chast Pick Favorites from the Archive The staff writer and the cartoonist share their picks from the archive\u2014an essay by Joan Didion, and a caveman cartoon by George Booth\u2014to celebrate The New Yorker\u2019s centennial. The Lede Danielle Sassoon\u2019s American Bravery conservative prosecutor in New York makes the first bold move against Donald Trump\u2019s rampaging Presidency. By Eric Lach Pop Music Bartees Strange\u2019s Interior Hauntings On his third studio album, \u201cHorror,\u201d the genre-spanning musician deconstructs old fears and finds ways to survive new ones. By Hanif Abdurraqib Humor Daily Cartoon: Friday, February 14th \u201cGive it ten minutes before you hit her with the ick.\u201d By John McNamee Goings On Faith Ringgold\u2019s Message of Hope 2/17/25, 3:39 The Trouble With Sex | The New Yorker 1996%2C after a Yale,between teachers and their students. 6/7 Also: Rachel Syme on shopping like it\u2019s 1925, and a New Yorker anniversary quiz. Cookies Settings 2/17/25, 3:39 The Trouble With Sex | The New Yorker 1996%2C after a Yale,between teachers and their students. 7/7", "7929_104.pdf": "The Erotics of Instruction Regina Barreca and Deborah Denenolz Morse, editors Hanover and London: University of New England Press, 1997 178 pp, $19.50 paper Henry Gonshak English Montana Tech remember a moment back in the mid-80s when was a graduate teaching assistant. Several of my fellow grad students and were standing around a hall of the English department engaging in the usual t.a. banter: bemoaning the illiteracy of our composition students, fretting about our upcoming doctoral exams, debating the pros and cons of applying for food stamps. Out- of-the-blue one of our number remarked, \"You know, teaching is a sexy business distinctly recall the embarrassed hush that fell over the group. Then someone changed the subject, back to comp students and food stamps. Is teaching a \"sexy business?\" If so, what might be the dangers (and possibly also the advantages) of a buried Eros in the classroom? If some profs are, in fact, bedding their students (or vice versa), should this alarm anyone concerned about higher education? Although I'm a professor myself (blissfully married might add) let me throw caution to the wind and confess that find these questions fascinating. Moreover consider them relevant to a broad range of important pedagogical and academic issues. Thus opened the essay collection, The Erotics of Instructions, with high hopes. The wry black and white photo on the cover--showing an innocently grinning female college student who looks straight out of Dobey Gillis, with bobbed hair and a class ring on her finger, a pair of textbooks clutched to her firmly brassiered bosom- -certainly enhanced my optimism. However, though the anthology had its moments ultimately found it quite disappointing. The biggest mistake made by many of the book's contributors (most of whom are professors) is their shared decision to focus primarily on how \"the erotics of instruction\" has been portrayed through the ages in literature and film, rather than turning to their own experiences, and those of their colleagues, in the classroom. True, this emphasis does reveal that the sexual side of teaching has been an extended theme in both high and low Western culture--a tradition stretching from the dialogues of Plato to Dead Poets' Society. Still, by largely eschewing their own first-hand experiences, the authors miss a real opportunity. One can't help wondering if the contributors (all-too-aware of the sexually charged culture in which we live, a bizarre blend of censoriousness and sensationalism) fled from the perils and vulnerabilities of 2/17/25, 3:39 The Erotics of Instruction 1/4 autobiography in order to withdraw into the safer, but more sterile, terrain of literary analysis. For example, Vanessa D. Dickerson's essay opens promisingly: \"Teaching at a small, private, predominantly white, conservative liberal arts college in the South have found without fail each year among student evaluations of my courses strong objections to the discussion of...sexuality in my classes [wondered] whether these students would have been so...resistant to my connection of the sexual with the intellectual...had not been a female and a black female at that\" (52-53). However, Dickerson immediately drops her own story to turn, for the bulk of the essay, to a competent if mundane exegesis of that much-discussed Henry James' novella, The Turn of the Screw. In two other literary essays-Deborah Morse's \"Educating Louis: Teaching the Victorian Father in Trollope's He Knew He Was Right\" and Abby Werlock's \"With Man There Is a Difference: The Rejection of Female Mentoring in Hemingway's For Whom the Bell Tolls\"--the authors have expanded the definition of \"instruction\" to encompass (in the authors' shared feminist perspective) the often misguided tutelage men give women in marriage and romance. As a result of this broadening of the term \"instruction,\" the reader is distanced still further from the contemporary classroom. Nonetheless, for all its flaws, The Erotics of Instruction does provide some nuggets of insight regarding sexuality and pedagogy. Several contributors who do find teaching a \"sexy business\" explain this phenomenon in terms of Freudian analysis--i.e., that the professor subconsciously represents a surrogate parent to the student, and that the relationship is therefore Oedipal in nature. However, the two authors who employ Freud, Regina Barreca and James Kincaid, reach opposed conclusions. Barreca argues that \"getting the professor is like getting Dad, but without anything overtly...disgusting,\" while Kincaid insists that professor/student relations have been traditionally discouraged because they unconsciously invoke the \"incest taboo\" (10 & 86). Some essayists also offer perceptive explanations as to why affairs between teachers and students tend to involve a male professor and a female student, rather than the other way around. In \"Contraband Appetites: Wit, Rage and Romance in the Classroom,\" Barreca vividly labels the kind of bright yet unhappy female student she herself was in college a \"Cinderella intellectual,\" yearning for that male-professor-as-handsome-prince \"who would see what was hidden and special and glorious in us, who would love us for our smart selves...who would...choose us from among all our peers for attention\" (2). Barreca locates the male prof's customary allure in his \"magical quality of being both distant and available at the same time\" (3). However, as her reference to \"distance\" implies, Barreca believes that swooning over a prof \"is dangerous if it ever plays itself out as more than a fantasy\" (10). Since the young female student has probably \"confus[ed]...loving the profession [with] 2/17/25, 3:39 The Erotics of Instruction 2/4 loving the professor,\" crushing demystification is almost assured \"once you see [your prof] in his socks and shorts stepping into your bathroom to brush his teeth\" (2 & 10). Given this underlying dynamic, several contributors advise that professors, rather than seducing students who have crushes on them, subtly encourage their charges to sublimate their desires into a love of learning. In \"Hayley, Roz, and Me,\" Rebecca Pope quotes academic Elaine Marks, writing in the Newsletter am convinced that desire is the central force in teaching, a force that can be dangerous if it is not recognized and controlled but without which the language and literature classroom is a dry and boring place\" (47 few essayists consider the question of why female prof/male student romances have rarely met with the same degree of societal approval accorded the inverse relationship. In \"The Intimacies of Instruction,\" John Glavin explains this enigma by invoking Western culture's traditional fear and condemnation of female sexuality. As a result, Glavin maintains, our society's image of the \"acceptable\" female instructor usually has been the aging, virginal spinster, safely devoid of even a trace of eroticism. In contrast, a woman teacher who dallies with a male student--or simply insists on presenting herself as a sexual being--has often been branded a dangerous femme-fatale. At least in literature, Glavin says, these pedagogic seductresses usually end up severely punished (the case, to cite a famous example Glavin discusses, in Muriel Spark's The Prime of Miss Jean Brodie). As a result of these societal taboos, argues Mary Ann Caws in \"Instructive Energies,\" many female professors opt to play for their students the role not of lover but of mother-- becoming, in Caws' words, \"the Angel in the Academy\" (74). By endlessly nurturing their charges, Caws claims, women profs often burn out, while simultaneously repressing any non-maternal aspects of their personalities, usually at the expense of their own intellectual ambitions, especially regarding scholarship. In closing, let me note my regret that almost none of the anthology's contributors explore how the \"erotics of instruction\" is reflected (or, more precisely, rejected) in many current campus policies on sexual harassment, date rape and professor/student dating. Only one essay dares to skate on this exceedingly thin ice (though, again, via the distanced medium of literary analysis), Monica Katz's \"Truth or Consequences: Mamet's Oleanna in the Real World,\" and it, alas, is the worst contribution to the collection. In the process of shredding Mamet's drama, Katz (affiliated with the Barnard College Center for Research on Women) insists that \"sexual harassment is...a...(prevalent) male behavior toward women,\" and that \"in the actual world of campus life, over half its population live with real sexual harassment every day\" (162 & 165). How much evidence does Katz offer to support these sweeping assertions? None. Ironically, her strident male-bashing inadvertently supports Oleanna's admittedly didactic (if still powerfully dramatized) theme: i.e., that 2/17/25, 3:39 The Erotics of Instruction 3/4 many academic feminists have grossly exaggerated the real problems of campus sexual harassment and date rape in order to wage a politically- motivated witch-hunt against men. As for administrative policies prohibiting professor/student romance, such bans strike me, frankly, as a dreadful idea (unless the student is actually in the professor's class at the time of the relationship). In an article in The New Yorker, \"The Trouble With Sex,\" Jeffrey Tobbin relates the dire consequences Yale's prohibition had for a once promising young math professor, Jay Jorgenson. While discussing her academic problems with a dean, a Yale undergrad revealed that she'd had an affair with Jorgenson. Although she acknowledged that the relationship was consensual, the university launched a sexual harassment investigation, which concluded by sternly reprimanding the professor. Prior to Yale's censure, Jorgenson had been offered a tenure-track position at Ohio State, but afterwards the offer was withdrawn. Despite his best efforts, Jorgenson hasn't been able to find a job since. \"As far as am concerned,\" he told Tobbin, \"my academic career is over\" (The New Yorker 9 February 1998: 54). The usual argument made to justify such policies is that there is an inherent power imbalance in relationships between professors and students (especially when the professors are male and the students female) and that, therefore, such relationships are intrinsically exploitive. But in what romantic relationship (or any relationship, for that matter) isn't there a power imbalance? Moreover, this imbalance is usually not static but in flux, a point wonderfully exemplified by a Fay Weldon short-story, \"Ind. Aff.,\" discussed in Barreca's essay, about a male professor who leaves his wife for a young female student. The prof certainly seems to be running the show, until one evening, when the couple are dining in a posh restaurant, and the woman notices a handsome waiter her own age, whereupon she finds herself wondering, \"What [am doing with this man with thinning hair?\" (9). Weldon's story suggests that in a romance between a distinguished older male professor and a pretty young female student, the professor may have authority, but the student has youth and nubility, qualities which grant her considerable power in the relationship agree with the contributors to The Erotics of Instruction that sleeping with students is usually a bad idea, that the relationship often collapses once the pair slink from the classroom to the boudoir. But also believe that in a free society--as opposed to a totalitarian dystopia--consenting adults, as long as they're not bothering anyone else, must be allowed to make themselves miserable. Contents | Home 2/17/25, 3:39 The Erotics of Instruction 4/4", "7929_105.pdf": "1100 Sex as a Pedagogical Failure abstract. In the early 1980s, U.S. universities began regulating sexual relationships between professors and students. Such regulations are routinely justi\ufb01ed by a rationale drawn from sexual- harassment law in the employment context: the power differential between professor and student precludes the possibility of genuine consent on the student\u2019s part. This rationale is problematic, as feminists in the 1980s \ufb01rst observed, for its protectionist and infantilizing attitude toward (gen- erally) women students. But it is also problematic in that it fails to register what is truly ethically troubling about consensual professor-student sex professor\u2019s having sex with his student con- stitutes a pedagogical failure: that is, a failure to satisfy the duties that arise from the practice of teaching. What is more, much consensual professor-student sex constitutes a patriarchal failure: such relationships often feed on, and reinforce, women\u2019s second-class standing in higher educa- tion. As such, these relationships can thwart the legal right of women students, under Title IX, to exist in the university on equal terms with their male counterparts. Whether or not we should ultimately favor such an interpretation of Title IX\u2014whether or not, that is, it would render cam- puses ultimately more equal for women and other marginalized people\u2014it is clear that university professors need to attend more carefully to the sexual ethics of their own practice. author. Chichele Professor of Social and Political Theory, All Souls College, University of Oxford. My thanks to the editors of the Yale Law Journal, especially Ela Leshem, Emily Shire, and Sasha Dudding; to the participants of the Power and Powerlessness workshop at Oxford, where presented some of these ideas; to Paul Myerscough, for discussions of Freud and Jane Gallop, and much else; to Charles Tyler, for legal expertise and invaluable comments on earlier drafts; to Dan- iela Dover, for conversations about these issues, and comradeship, over many years, as well as incisive comments on earlier drafts; and, most deeply, to Sophie Smith, for illuminating conver- sations and comments on many drafts and for endless intellectual generosity. sex as a pedagogical failure 1101 feature contents introduction 1102 i. the \u201cpower differential, no consent\u201d rationale 1104 ii. teaching and transference 1120 iii. socrates and the duties of pedagogy 1127 iv. sex as a patriarchal failure 1131 v. consensual sex as sex discrimination 1138 conclusion 1144 the claims of official reason the yale law journal 129:1100 2020 1102 introduction In 2010, Yale University announced a change in its policy on consensual sex- ual relationships between faculty members and undergraduate students.1 Previ- ously, Yale had prohibited faculty members from having relationships with stu- dents, undergraduate or graduate, with whom they had or were likely to have a supervisory relationship.2 That policy was devised in 1997, after an apparently consensual affair between a seventeen-year-old freshman and her mathematics professor left the student feeling, in her words, \u201cbetrayed\u201d and \u201cused.\u201d3 The new 2010 policy forbade faculty members from sexual relations with any current Yale undergraduate whatsoever. (The rules for faculty-graduate student relationships remained unchanged.4) Several other universities swiftly followed Yale\u2019s exam- ple, including Harvard,5 the University of Pennsylvania,6 Northwestern,7 the 1. Carole Bass, University Bans Faculty-Student Sex MAG. (Mar.-Apr. 2010), [ 2. Margaret H. Mack, Regulating Sexual Relationships Between Faculty and Students, 6 & L. 79, 91 (1999). 3. Jeffrey Toobin, The Trouble with Sex 48, 54 (Feb. 9, 1998), .newyorker.com/newyorker/1998-02-09/\ufb02ipbook/048 [ Toobin laments that the mathematics professor, Jay Jorgensen, and others like him, \u201ccan ex- pect . . . to have their careers destroyed.\u201d Id. at 54. Jorgensen is currently a tenured professor at the City College of New York. Jay Jorgenson N.Y., .cuny.edu/pro\ufb01les/jay-jorgenson [ 4. Bass, supra note 1. 5. Susan Svrluga, Harvard Formally Bans Sexual Relationships Between Professors and Undergrads (Feb. 5, 2015), /02/05/harvard-formally-bans-sexual-relationships-between-professors-and-undergrads [ 6. Rebecca Tan, Penn Bans Sexual Relations Between Faculty and Undergraduates in Signi\ufb01cant Pol- icy Change (Mar. 25, 2018), /pritchett-provost-consensual-sex-policy-faculty-undergraduates-ivy-league-shift-upenn -philadelphia [ 7. Consensual Romantic or Sexual Relationships Between Faculty, Staff and Students, NW. U. (Jan. 13,2014), [ sex as a pedagogical failure 1103 University of Connecticut,8 Stanford,9 MIT,10 Columbia,11 and Duke.12 The ar- chitect of Yale\u2019s 2010 policy, Deputy Provost Charles Long, had been advocating for the stronger blanket prohibition on faculty-undergraduate relationships since 1983 but had been thwarted by both civil libertarians,13 who thought such relationships were a private matter, and feminists, who worried that a prohibi- tion would infantilize women students.14 Given the decades of resistance that Long\u2019s campaign faced, it is interesting that, when the policy did \ufb01nally change, it prompted little outcry and, indeed, much apparent approval from other uni- versities. Behind this reversal is a story of important shifts: within antidiscrimi- nation law, within campus regulatory structures, and within feminist thinking about the relationship of sex to power. Part of my task here is to tell that story, so that we may understand how the regulatory treatment of consensual faculty-student sex came to have its current shape am particularly interested in the standard rationale that now undergirds prohibitions on faculty-student sex\u2014a rationale borrowed from employment sexual-harassment law\u2014according to which power differentials between profes- sors and students preclude the possibility of genuine consent. Such a rationale is problematic for the reason that feminists in the 1980s \ufb01rst said: it strips (over- whelmingly) women students of their agency, inverting the rapist\u2019s logic of \u201cno means yes\u201d into the protectionist logic of \u201cyes means no.\u201d But it is also problem- atic in that it fails to register what is truly ethically troubling about consensual faculty-student sex professor\u2019s having sex with his student constitutes a ped- agogical failure: that is, a failure to satisfy the duties that arise from the teacher- student relationship. Implicit in that relationship is the promise that the teacher will work to equalize the asymmetry in knowledge between him and his student. When the teacher takes the student\u2019s longing for epistemic power as an occasion for his own grati\ufb01cation, allowing himself to be\u2014or, worse, making himself\u2014 the object of her desire, he has failed her as a teacher. 8. Svrluga, supra note 5. 9. Consensual Sexual or Romantic Relationships in the Workplace and Educational Setting, STAN. U. (Nov. 21, 2017), #anchor-24451 [ 10. Colleen Flaherty, Relationship Restrictions (May 24, 2018), https:// -relationship-restrictions-era-me-too [ 11. Id. 12. Id. 13. Email from Charles Long, Deputy Provost, Yale Univ., to author (Oct. 20, 2019) (on \ufb01le with author). 14. Bass, supra note 1. the yale law journal 129:1100 2020 1104 Thus, what is fundamentally at issue in consensual professor-student sex is not whether the student\u2019s consent is genuine but whether sex with one\u2019s student is compatible with being a good teacher. What is more, much professor-student sex, in its dominant mode\u2014that is, between male professor and female stu- dent\u2014constitutes not only a pedagogical failure but also a patriarchal failure.15 Such relationships often feed on, and reinforce, women\u2019s second-class standing in higher education. As such, these relationships plausibly thwart the legal right of women students under Title to exist in the university on equal terms with their male counterparts. While genuinely consensual faculty-student relation- ships do not constitute sexual harassment, they plausibly can and do often con- stitute sex discrimination. Whether or not we should ultimately favor such an interpretation of Title IX\u2014whether or not, that is, we think that it would render campuses ultimately more equal, not just for women but also for nonwhite, queer, immigrant, working-class, and precariously employed people\u2014it is clear that university teachers need to attend more carefully to the sexual ethics of their own practice. The demand here is not only prudential\u2014a matter of increased legal liability or administrative pressure\u2014but also pedagogical: a question of our ethical duties as teachers. i. the \u201cpower differential, no consent\u201d rationale The existence of university sexual-harassment policies and procedures is one of the great legacies of feminist activism and jurisprudence of the late 1970s and 1980s. While employment discrimination \u201con the basis of sex\u201d had been prohib- ited since the Civil Rights Act of 1964, women in the 1960s and 1970s struggled to invoke the law in their battle against what feminists would eventually come 15. My focus in this Feature is on this dominant form of faculty-student relationship. Some of what say applies to other forms of the faculty-student relationship (for instance, female pro- fessor and male student, male professor and male student, female professor and female stu- dent). All such relationships think, involve a pedagogical failure. The argument advance in Part V, infra, that consensual professor-student relationships can constitute sex discrimina- tion, might well be extended to certain (for example, working-class, black, or immigrant) men. Consensual professor-student relationships that do not \ufb01t the dominant paradigm can also involve other forms of harm, which certainly merit attention: the cases of Jane Gallop (discussed in Part II, infra) and of Avital Ronell, an professor of German and Compar- ative Literature who was recently found by the university to have sexually harassed her grad- uate student, are interesting examples here (discussed in Part IV, infra). See Zoe Greenberg, What Happens to #MeToo When a Feminist Is the Accused (Aug. 13, 2018), https:// [ sex as a pedagogical failure 1105 to call sexual harassment in the workplace.16 In the early days of litigating such claims, judges often decided that workplace sexual harassment was a merely \u201cpersonal\u201d matter,17 or a natural and inevitable feature of working life.18 The somewhat more sophisticated among them insisted that sexual harassment did not constitute discrimination \u201con the basis of sex\u201d: either because it was a harm that could (in principle, if rarely in practice) be equally perpetrated against male 16. Catharine MacKinnon says that the term \u201csexual harassment\u201d was \ufb01rst used as \u201canything ap- proaching a term of art\u201d by the Working Women United Institute (WWUI) in New York in 1975 250 n.13 (1979). In testimony to the U.S. Senate Labor and Human Resources Committee in 1981, Karen Sauvigne, program director and cofounder of WWUI, said that \u201cin 1975 at the Insti- tute\u2019s formation we coined the phrase \u2018sexual harassment\u2019 and gave a name to a formerly taboo dilemma faced by millions of working women.\u201d Sex Discrimination in the Workplace: Hearing Before the S. Comm. on Labor & Human Res., 97th Cong. 517 (1981) (statement of Karen Sauvigne, Program Director, WWUI). According to Susan Brownmiller, the movement to combat \u201csexual harassment\u201d was launched in 1975 at a meeting of feminist activists at Cornell, led by Lin Farley and including Sauvigne, who were organizing a speak-out against unwanted advances in the workplace 279 (1999).The speak-out was prompted by discussions in a seminar that Farley was running on women and work, in which students shared their stories of unwanted advances on the job, together with the case of Carmita Wood, a forty-four-year-old administrative assistant who had been relentlessly molested and abused by her boss, a Cornell physicist. Id. at 279-82. After her request for a transfer to another department was denied, Wood quit. Id. at 280. When she \ufb01led her claim for unemployment insurance, she indicated that her reasons for quitting were \u201cpersonal\u201d; her claim was denied. Id. at 280-81. In planning the speak-out, Farley and her fellow activists had to name what had been done to Wood and so many other women, and they decided on \u201csexual harassment.\u201d Id. at 279-82. In 1975, MacKinnon received a newsletter from the women\u2019s center at Cornell (where she had recently played a folk music gig), which described Wood\u2019s case, asking: \u201cDoes anyone have any ideas for Carmita?\u201d Toobin, supra note 3, at 50. MacKinnon later said that, when reading that, her \u201cmind just went, This is it. It was an epiphany experience. Everything had heard about what sex inequality is, is not it. This is it.\u201d Id. 17. Corne v. Bausch & Lomb, Inc., 390 F. Supp. 161, 163 (D. Ariz. 1975) (\u201c[The supervisor\u2019s] conduct appears to be nothing more than a personal proclivity, peculiarity or mannerism. By his alleged sexual advances, Mr. Price was satisfying a personal urge.\u201d). 18. See Miller v. Bank of Am., 418 F. Supp. 233, 236 (N.D. Cal. 1976) (\u201cThe attraction of males to females and females to males is a natural sex phenomenon and it is probable that this attrac- tion plays at least a subtle part in most personnel decisions.\u201d); see also Tomkins v. Pub. Serv. Elec. & Gas Co., 422 F. Supp. 553, 557 (D.N.J. 1976) (citing Miller with approval); Corne, 390 F. Supp. at 163-64 (\u201cThe only sure way an employer could avoid such charges would be to have employees who were asexual.\u201d). the yale law journal 129:1100 2020 1106 subordinates19 or because it was a harm that only affected some women in a workplace\u2014those who did not want to concede to their boss\u2019s advances.20 The feminists of this era, many of them working out of Cornell and Yale, fought to make the courts see what is to many of us now obvious: that far from a merely personal matter, or a matter orthogonal to gender, sexual harassment is central to women\u2019s political subordination. In 1974, Paulette Barnes, a black woman who had been recently \ufb01red from her job as an administrative assistant at the Environmental Protection Agency, brought suit against her former em- ployer for sex discrimination. Her boss, Douglas Costle, had \ufb01red Barnes after she refused his persistent sexual overtures. Barnes\u2019s case was initially dismissed 19. See Tomkins, 422 F. Supp. at 556 (\u201cTitle was enacted in order to remove those arti\ufb01cial barriers to full employment which are based upon unjust and long-encrusted prejudice . . . . It is not intended to provide a federal tort remedy for what amounts to physical attack moti- vated by sexual desire on the part of a supervisor . . . . In this instance the supervisor was male and the employee was female. But no immutable principle of psychology compels this align- ment of parties. The gender lines might as easily have been reversed, or even not crossed at all. While sexual desire animated the parties, or at least one of them, the gender of each is incidental to the claim of abuse.\u201d); Corne, 390 F. Supp. at 163 (\u201cIt would be ludicrous to hold that the sort of activity involved here was contemplated by the Act because to do so would mean that if the conduct complained of was directed equally to males there would be no basis for suit.\u201d). It is interesting that this argument\u2014that sexual harassment is not sex discrimina- tory because it can target both men and women\u2014is at odds with the standard invoked by courts to explain why it was not discriminatory for a woman to be \ufb01red for getting pregnant. See, e.g., Gen. Elec. Co. v. Gilbert, 429 U.S. 125, 138-39 (1976) (rejecting such claims because there is no comparison class of pregnant men with which to establish differential treatment ). 20. Barnes v. Train, No. 1828-73, 1974 10628, at *1 (D.D.C. Aug. 9, 1974), rev\u2019d. sub nom. Barnes v. Costle, 561 F.2d 983 (D.C. Cir. 1977) (\u201c[S]he was discriminated against, not because she was a woman, but because she refused to engage in a sexual affair with her supervisor . . . . Regardless of how inexcusable the conduct of plaintiff\u2019s supervisor might have been, it does not evidence an arbitrary barrier to continued employment based on plaintiff\u2019s sex.\u201d). The federal government mounted this \u201csex-plus\u201d defense to sexual harassment charges against its employees in the 1970s. See Barnes, 561 F.2d at 990 (\u201c[A]ppellee has argued that \u2018(a)ppellant was allegedly denied employment enhancement not because she was a woman, but rather because she decided not to furnish the sexual consideration claimed to have been demanded\u2019\u201d (second alteration in original)); Williams v. Saxbe, 413 F. Supp. 654, 657 (D.D.C. 1976) (\u201c[S]ince the primary variable in the claimed class is willingness vel non to furnish sex- ual consideration, rather than gender, the sex discrimination proscriptions of the Act are not invoked.\u201d), vacated on other grounds sub nom. Williams v. Bell, 587 F.2d 1240 (D.C. Cir. 1978); cf. Lanigan v. Bartlett & Co. Grain, 466 F. Supp. 1388, 1391 (W.D. Mo. 1979) (applying the sex-plus doctrine to uphold the \ufb01ring of a female employee who violated dress code in part because \u201cplaintiff\u2019s affection for pantsuits is not an \u2018immutable characteristic\u2019\u201d). For an early critical discussion of the claim that sex-plus discrimination is not sex discrimination, see De- velopments in the Law\u2014Employment Discrimination and Title of the Civil Rights Act of 1964, 84 HARV. L. REV. 1109, 1171-72 (1971). sex as a pedagogical failure 1107 by the district court,21 but proceeded to the D.C. Circuit for review.22 Catharine MacKinnon, then a law student at Yale, slipped a working paper that would eventually become her groundbreaking Sexual Harassment of Working Women to one of the law clerks involved with Barnes v. Costle.23 The court ruled that sexual harassment constituted sex discrimination and was thus a violation of Title of the Civil Rights Act.24 In Barnes, the court identi\ufb01ed the act of sex discrimination in the (presumed) heterosexual orientation of the harasser: \u201cretention of [the plaintiff\u2019s] job was conditioned upon submission to sexual relations[,] an exaction which the super- visor would not have sought from any male.\u201d25 Costle\u2019s discriminatory act lay in his differential desire: he subjected only women to harassment. As the court itself noted,26 had Costle been bisexual, targeting both women and men for sexual harassment, his actions would not have constituted sex discrimination. This rea- soning established Barnes\u2019s sex as a necessary condition of her harassment. But what about the claim, invoked in earlier cases,27 that Barnes\u2019s sex was not suffi- cient to explain why she had been harassed\u2014that her harassment was a matter of sex plus her refusal to concede to her boss\u2019s advances? Here, the court said that 21. Barnes, 1974 10628. 22. Barnes, 561 F.2d 983. 23. Toobin, supra note 3, at 50. 24. One of the three judges on the case was George MacKinnon, Catharine MacKinnon\u2019s father and a conservative Republican. In his concurring opinion, he wrote that \u201c[s]exual advances may not be intrinsically offensive, and no policy can be derived from the equal employment opportunity laws to discourage them. We are not here concerned with racial epithets or con- fusing union authorization cards, which serve no one\u2019s interest, but with social patterns that to some extent are normal and expectable. It is the abuse of the practice, rather than the prac- tice itself, that arouses alarm.\u201d Barnes, 561 F.2d at 1001 (MacKinnon, J., concurring). One can only convince one\u2019s father of so much. 25. Id. at 989 (majority opinion) (emphasis added); see also Williams, 413 F. Supp. at 659 (using a similar analysis as the basis for \ufb01nding that sexual harassment discriminates on the basis of sex). 26. Barnes, 561 F.2d at 990 n.55 (\u201cIt is no answer to say that a similar condition could be imposed on a male subordinate by a heterosexual female superior, or upon a subordinate of either gen- der by a homosexual superior of the same gender. In each instance, the legal problem would be identical to that confronting us now\u2014the exaction of a condition which, but for his or her sex, the employee would not have faced. These situations . . . are to be distinguished from a bisexual superior who conditions the employment opportunities of a subordinate of either gender upon participation in a sexual affair. In the case of the bisexual superior, the insistence upon sexual favors would not constitute gender discrimination because it would apply to male and female employees alike.\u201d). 27. See Williams, 413 F. Supp. 654; Barnes, 1974 10628. the yale law journal 129:1100 2020 1108 \u201cit is enough that gender is a factor contributing to the discrimination in a sub- stantial way,\u201d citing the 1964 defeat on the House \ufb02oor of a proposed amend- ment to Title that would have restricted its application to cases of discrimi- nation \u201csolely\u201d on the basis of sex.28 This understanding of sex discrimination as sex-differential treatment re- mains the one conventionally appealed to in the law.29 But, as MacKinnon noted in Sexual Harassment of Working Women, this approach has at least two short- comings. First, it requires showing that \u201ca person of the opposite sex in the same position is not treated the same.\u201d30 This poses a problem when women are dis- criminated against in the absence of a class of similarly situated men who are treated differently: for example, when an employer\u2019s sickness- and accident-ben- e\ufb01ts policy expressly excludes pregnancy. In General Electric Co. v. Gilbert, the Supreme Court found that such a policy did not discriminate on the basis of sex because it could not be shown that the employer treated pregnant women dif- ferently than a comparable group of men: pregnant men.31 Similarly, in Rafford v. Randle Eastern Ambulance Service, Inc., a court found that it was not sex dis- crimination to \ufb01re men with moustaches and beards\u2014because there were no mustachioed or bearded women who were being treated differently.32 Second, the differential-treatment approach to sex discrimination gives us a counterin- tuitive verdict in cases in which men and women alike are sexually harassed by a given superior.33 That men are also being sexually harassed presumably does not make such actions any less discriminatory against women, and vice versa, yet the 28. Barnes, 561 F.2d at 990 (\u201cIt is clear that the statutory embargo on sex discrimination in em- ployment is not con\ufb01ned to differentials founded wholly upon an employee\u2019s gender.\u201d); see also Phillips v. Martin Marietta Corp., 400 U.S. 542 (1971) (per curiam) (\ufb01nding that a pro- hibition discriminating against women with preschool-aged children was sufficient to consti- tute sex discrimination under Title VII); Williams, 413 F. Supp. at 657 (\ufb01nding that the \u201cre- taliatory actions of a male supervisor, taken because a female employee declined his sexual advances\u201d constituted sex discrimination under Title VII); Sprogis v. United Air Lines, Inc., 308 F. Supp. 959, 961 (N.D. Ill. 1970) (holding that a \u201cno-marriage\u201d policy that applies only to female \ufb02ight attendants is sex-discriminatory). 29 P. KAMP, 1 \u00a7 11:9 (2019). 30 225 (1979). 31. 429 U.S. 125 (1976). 32. 348 F. Supp. 316 (S.D. Fla. 1972). 33. See Barnes, 561 F.2d at 990 n.55. sex as a pedagogical failure 1109 differential-treatment approach suggests that it does. As an early bit of commen- tary put it: \u201conly the discriminatory application is being attacked, not the evil conduct itself.\u201d34 According to MacKinnon\u2019s alternative inequality approach to sex discrimi- nation, \u201c[a] rule or practice is discriminatory . . . if it participates in the system- atic social deprivation of one sex because of sex.\u201d35 What matters is not whether women and men are being treated differently, but rather whether women are being treated in a way that systematically reinforces their social and political sub- ordination policy of \ufb01ring pregnant women does this not only by excluding women from the bene\ufb01ts of work but also by reinforcing the traditional gen- dered division of reproductive labor.36 major advantage of the inequality ap- proach is that it makes explicit the substantively normative nature of judgments about what does and does not constitute sex discrimination under the differen- tial-treatment approach. The differential-treatment approach describes sex dis- crimination in apparently formal terms: it is a matter of whether an action or practice treats women and men, similarly situated, differently. But everything turns, as we see in Gilbert, on how \u201csimilarly situated\u201d is understood: whether, for example, the situation of pregnant women is sufficiently similar to that of men suffering from temporary disabilities unrelated to pregnancy.37 If these two groups are \u201csimilarly situated,\u201d then General Electric\u2019s policy is sex discrimina- tory; if not, then the policy is not. But judgments of similarity are irreducibly contextual\u2014two distinct things are always similar in some respects and different in others\u2014so anyone hoping to make the relevant similarity judgment in Gilbert (or any other sex-discrimination case) will be tacitly relying on a substantive normative judgment about whether it is, in fact, a case of sex discrimination. The problem with the differential-treatment approach is that it tries to characterize sex discrimination at a purely formal level, ignoring the social reality of sexual subordination. As a result, it licenses tacit reliance on (unjusti\ufb01ed) normative judgments about which practices are problematic toward women\u2014and men\u2014 and which are not, without explicitly acknowledging them. By contrast, MacKinnon\u2019s inequality approach forthrightly assesses whether the practice in 34. Kerri Weisel, Title VII: Legal Protection Against Sexual Harassment, 53 WASH. L. REV. 123, 136 n.62 (1977). 35. MACKINNON, supra note 30, at 117. 36. While MacKinnon is alert to the need to account for those cases in which both men and women are sexually harassed, or when men alone are sexually harassed by either other men or by women, it is not clear that her inequality approach gives a wholly satisfying treatment of such cases. For a critical discussion, see Janet Halley, Sexuality Harassment, in 80 (Wendy Brown & Janet Halley eds., 2002). 37. For the sake of the dialectic only am presupposing that only women can get pregnant. the yale law journal 129:1100 2020 1110 question is conducive to sex oppression, making explicit the irreducibly norma- tive nature of judgments about sex discrimination. While the courts have not explicitly taken up MacKinnon\u2019s inequality ap- proach,38 there are indications of its enduring in\ufb02uence. For example, although Barnes v. Costle invoked the differential-treatment account of sex discrimina- tion,39 the court also evoked the inequality account, by comparing, as Reva Siegel has observed, the sexual harassment endured by Barnes to cases in which em- ployees were (uniquely) discriminated against for being in an interracial rela- tionship: \u201cJust as prohibitions on interracial sexual relationships play a role in the perpetuation of racial inequality, Barnes suggests, coerced sexual relations in the workplace play a role in the perpetuation of gender inequality.\u201d40 Likewise, Congress invoked a different conception of sex discrimination when\u2014in direct response to the Supreme Court\u2019s decision in Gilbert that \ufb01ring pregnant women was not sex-discriminatory\u2014it amended Title to include discrimination on the basis of pregnancy as a form of sex discrimination.41 In 1977, a few months before Barnes was decided, MacKinnon, then working as one of the leaders of the progressive New Haven Law Collective, helped a group of current and former Yale undergraduate women sue the school for both the sexual harassment they had suffered and the university\u2019s failure to have any 38 & KAMP, supra note 29, \u00a7 11:9. 39. 561 F.2d 983, 989-90 (D.C. Cir. 1977). 40. Reva B. Siegel, Introduction Short History of Sexual Harassment, in 1, 14-15 (Catharine A. MacKinnon & Reva B. Siegel eds., 2004). 41. 42 U.S.C. \u00a7 2000e(k) (2018); Nicholas Pedriana, Discrimination by De\ufb01nition: The Historical and Legal Paths to the Pregnancy Discrimination Act of 1978, 21 1, 1 (2009). The central argument marshalled by supporters of the Pregnancy Discrimination Act (PDA)\u2014most notably the consortium of women\u2019s groups and feminist lawyers called the Co- alition to End Discrimination Against Pregnant Workers\u2014was that pregnancy was no differ- ent in kind from other temporary disabilities. See Pedriana, supra, at 12. This is an instance of the differential-treatment approach to discrimination. But the PDA\u2019s supporters also invoked an inequality approach. Susan Deller Ross, speaking for the Coalition on the House \ufb02oor, argued, \u201c[S]ince most women workers do bear children at some point in their working lives . . . [Gilbert] could thus be used to justify a whole complex of discriminatory employment practices designed to insure that women worker\u2019s [sic] role in the market place be con\ufb01ned to low-paying, dead-end jobs. . . . Such policies have a lifetime impact on women\u2019s careers.\u201d Legislation to Prohibit Sex Discrimination on the Basis of Pregnancy: Hearing Before the Subcomm. on Emp\u2019t Opportunities of the H. Comm. on Educ. & Labor on H.R. 5055 and H.R. 6075, 95th Cong. 31 (1977) (statement of Susan Deller Ross). sex as a pedagogical failure 1111 established mechanism to deal with such complaints.42 The resulting case, Alex- ander v. Yale University, was decided both by the district court and on appeal in favor of the university. Nonetheless, it established that sexual harassment, at least in its quid pro quo form,43 constituted sex discrimination under Title of the Education Amendments Act of 1972.44 Citing Barnes, the court noted that it is perfectly reasonable to maintain that academic advancement condi- tioned upon submission to sexual demands constitutes sex discrimina- tion in education, just as questions of job retention or promotion tied to sexual demands from supervisors have become increasingly recognized as potential violations of Title VII\u2019s ban against sex discrimination in em- ployment.45 The case prompted universities across the country to create sexual-harass- ment codes and grievance procedures, a requirement of Title that had until then been largely ignored.46 These new regulatory structures were meant, among other things, to protect students from sexual harassment by their profes- sors\u2014either in the form of quid pro quo sexual threats and offers or in the form of a hostile learning environment created by unwanted sexual advances.47 Soon, however, universities started turning their attention to sexual relation- ships between faculty and students that were, at least on their face, noncoercive. 42. For discussion of the context and legacy of Alexander v. Yale University, see Anne E. Simon, Alexander v. Yale University: An Informal History, in LAW, supra note 40, at 51-59. 43. 459 F. Supp. 1, 3 (D. Conn. 1977), aff\u2019d, 631 F.2d 178 (2d Cir. 1980). The hostile-environment form of sexual harassment would not be recognized as sex discrimination under Title until 1993 in Patricia H. v. Berkeley Uni\ufb01ed School District, 830 F. Supp. 1288, 1293 (N.D. Cal. 1993). The plaintiffs in the case were represented by Pamela Price, one of the original plaintiffs in Alexander. 44. 20 U.S.C. \u00a7\u00a7 1681-1688 (2018). 45. Alexander, 459 F. Supp. at 4. 46. Simon, supra note 42, at 56. 47. In 1980, 30 percent of female seniors at the University of California, Berkeley reported har- assment by at least one male professor. Elisabeth A. Keller, Consensual Amorous Relationships Between Faculty and Students: The Constitutional Right to Privacy, 15 J.C. & U.L. 21, 21 (1988) (citing Margaret D. Smith, Must Higher Education Be a Hands-On Experience? Sexual Harass- ment by Professors, 28 EDUC. L. REP. 693, 696 (1986)). Similarly, a 1981 survey of graduate and undergraduate women students at Iowa State University found that 43.2 percent reported re- ceiving unwanted sexual attention from a professor. Id. (citing Jean W. Adams, Janet L. Kottke & Janet S. Padgitt, Sexual Harassment of University Students, 24 484, 488 (1983)); see also 11 (2d ed. 1990 familiar jest is \u2018[w]here there has been a student body, there has always been a faculty for love.\u2019\u201d). the yale law journal 129:1100 2020 1112 In a 1983 letter to faculty and students in Harvard\u2019s Faculty of Arts and Sciences, Dean Henry Rosovsky announced the Harvard Faculty Council\u2019s stance on fac- ulty-student relationships, saying that such relationships are \u201calways wrong\u201d in the instructional context due to their \u201cfundamentally asymmetric . . . nature.\u201d48 Rosovsky warned that faculty-student relationships outside the instructional context \u201cmay also lead to difficulties.\u201d49 That same year, the University of Cali- fornia\u2019s Assembly of the Academic Senate adopted a proposal to ban faculty-stu- dent sex in the supervisory context.50 These highly publicized policy changes led many other universities to follow suit and create their own consensual relation- ship policies,51 including the University of Minnesota (1984),52 Temple Univer- sity (1985),53 (1985),54 the University of Michigan (1986),55 the University of Iowa (1986),56 the College of William & Mary (1991),57 Tufts University (1992),58 Indiana University (1992),59 the University of Virginia (1993),60 Am- herst College (1993),61 Oberlin College (1993),62 Stanford University (1993),63 Ohio Northern University (1995),64 Rutgers University (1997),65 Buffalo State 48. Frances L. Hoffmann, Sexual Harassment in Academia: Feminist Theory and Institutional Prac- tice, 56 HARV. EDUC. REV. 105, 111-12 (1986). 49. Id. at 112. 50. Id. at 111. 51. Id. at 105. 52. Keller, supra note 47, at 22. 53. Martha Chamallas, Consent, Equality, and the Legal Control of Sexual Conduct, 61 S. CAL. L. REV. 777, 844 n.255 (1988). 54. Id. 55. Id. 56. Keller, supra note 47, at 22. 57. Jack Hitt & William Kerrigan, New Rules About Sex on Campus MAG. 33, 36 (Sept. 1993), [https:// perma.cc/PJY4-RDF8]. 58. Jim Morrison, U-Va. Faculty Bans Sex with Students (Apr. 23, 1993), https:// /006e1c8a-ea15-4d71-b8a7-c1779a4dda09 [ 59. Hitt & Kerrigan, supra note 57. 60. Morrison, supra note 58. 61. Hitt & Kerrigan, supra note 57. 62. Id. 63. Id. 64. Sherry Young, Getting to Yes: The Case Against Banning Consensual Relationships in Higher Ed- ucation, 4 & L. 269, 271 (1996). 65. Mack, supra note 2, at 82 n.6. sex as a pedagogical failure 1113 College (1997),66 and Yale University (1998).67 In 1993, Harper\u2019s Magazine re- ported that \u201cat least two dozen universities\u201d had proscribed student-professor romances in \u201cthe last few years.\u201d68 In the early 1990s, important professional organizations, including the American Council on Education, the National Edu- cation Association, the Association of American Law Schools, and the American Association of University Professors, began urging universities to formulate pol- icies on consensual faculty-student relationships.69 The resulting policies ranged from merely discouraging faculty-student relationships to forbidding them in actual or potential instructional and supervisory contexts to prohibiting them as a blanket rule.70 This expansion of campus sexual-harassment policies in the 1980s and 1990s to include consensual relationships was driven by at least three forces. First was the radical social theory that underlay feminist efforts to transform antidiscrim- ination law, according to which, in the words of Kathryn Abrams, paraphrasing MacKinnon, \u201ccoercion is paradigmatic of heterosexual relations and constitutive of the social meaning of gender under gender inequality.\u201d71 Common heterosex- ual practices that were conventionally seen as benign and natural\u2014the boss mak- ing a pass at his secretary, the professor trading grades for sex\u2014were revealed as moves within a structure of domination and subordination, moves that both ex- pressed and reinforced the social inequality of men and women. As with the in- equality approach, this feminist account of sex discrimination was only ever par- tially internalized by antidiscrimination law. However, it did focus new suspicion on seemingly consensual heterosexual relationships, especially those marked by a formal asymmetry in power\u2014as in the paradigm case of a teacher-student re- lationship second factor in the expansion of consensual-relationship policies was the Supreme Court\u2019s 1986 decision in Meritor Savings Bank v. Vinson, which 66. Peta Cox, Epistemophilia: Rethinking Feminist Pedagogy, 25 STUD. 79, 89 n.8 (2010). 67. Mack, supra note 2, at 91. 68. Hitt & Kerrigan, supra note 57, at 33. 69. See Jennifer L. Gossett & Maria L. Bellas, You Can\u2019t Put a Rule Around People\u2019s Hearts . . . Can You?: Consensual Relationships Policies in Academia, 35 267, 270 (2002); Young, supra note 64, at 272 & nn.14-16. 70. For a taxonomy of different policy types, see Young, supra note 64, at 273-76. 71. Kathryn Abrams, Ideology and Women\u2019s Choices, 24 GA. L. REV. 761, 763 (1989); see also Cath- arine A. MacKinnon, Feminism, Marxism, Method, and the State: Toward a Feminist Jurispru- dence, 8 635, 635-37 (1983). For pioneering feminist theorizing of sexual harassment, see generally (1978); and MACKINNON, supra note 30. the yale law journal 129:1100 2020 1114 held that an employee\u2019s consensual sexual involvement with a supervisor was not necessarily a bar to a \ufb01nding of sexual harassment under Title VII.72 Mechelle Vinson was a twenty-two-year-old woman who, while working as a bank teller, was persistently coerced into having sex with her supervisor and branch man- ager Sidney Taylor over the course of four years, until he \ufb01red her.73 Like Paulette Barnes before her, and the women in other key sexual-harassment cases,74 Vinson was black. It is black women in the United States who have dispropor- tionately borne the costs of both sexual harassment and the legal battle against it. The Court pointed out that even if Vinson had consented to Taylor\u2019s sexual demands in order to avoid being \ufb01red, this did not make his sexual advances wanted female subordinate, the Court suggested, might consent to a sexual relationship because of an implied quid pro quo threat, in which case the consent does not suffice to make the advances wanted. \u201cThe fact that sex-related conduct was \u2018voluntary,\u2019 in the sense that the complainant was not forced to participate against her will,\u201d the Court wrote, \u201cis not a defense,\u201d for the \u201cgravamen of any sexual harassment claim is that the alleged sexual advances were \u2018unwelcome.\u2019\u201d75 Extending the logic of Meritor to the university context, it suddenly became pos- sible that professors were sexually harassing the women students with whom they were having consensual sex. Women students\u2019 consent to such relationships might, like Vinson\u2019s consent to having sex with her boss, be an expression not of genuine want, but fear. Substantial differences in power\u2014supervisor and worker, professor and student\u2014cast doubt on the possibility of genuine consent third factor was the Equal Employment Opportunity Commission\u2019s (EEOC) 1990 amendment to its guidance on Title VII,76 which provided that 72. 477 U.S. 57, 68 (1986). For a discussion of the implications of Meritor for universities, see Keller, supra note 47, at 24-26. 73. DeNeen L. Brown, She Said Her Boss Raped Her in a Bank Vault. Her Sexual Harassment Case Would Make Legal History (Oct. 13, 2017, 11:17 EDT), https:// -in-a-bank-vault-her-sexual-harassment-case-would-make-legal-history [ /5BVX-6KGP]. 74. See, e.g., Munford v. James T. Barnes & Co., 441 F. Supp. 459, 460 (E.D. Mich. 1977) (involv- ing a black female assistant manager suing a white male employer); Miller v. Bank of Am., 418 F. Supp. 233, 234 (N.D. Cal. 1976) (involving a black female clerk suing a white male supervisor). The central plaintiff in Alexander v. Yale University, 459 F. Supp. 1 (D. Conn. 1979), aff\u2019d, 631 F.2d 178 (2d Cir. 1980), Pamela Price, was also black. Statement by Pamela Price, Alexander, 459 F. Supp. 1 (No. N-77-277). 75. Meritor, 477 U.S. at 68. 76. U.S. Equal Emp\u2019t Opportunity Comm\u2019n, No. N-915.048, Policy Guidance on Employer Lia- bility for Sexual Favoritism Under Title (Jan. 12, 1990), /docs/sexualfavor.html [ sex as a pedagogical failure 1115 employers may be held liable for unlawful sex discrimination against third par- ties who were negatively affected by the favoritism shown by a superior to a sub- ordinate with whom he is in a relationship.77 Extending the logic of Meritor and the guidelines from Title to Title IX, it was plausible that universities could be liable for sexual harassment that arose from apparently consensual re- lationships between faculty members and students, not only because such rela- tionships failed to pass the \u201cwantedness\u201d test established by Meritor but also be- cause they could generate third-party claims of hostile work environment due to favoritism.78 While some feminists welcomed the creation of campus policies for consen- sual student-teacher relations,79 others warned that they represented a betrayal of feminist principles.80 The latter group took particular aim at the common ra- tionale for these policies: that the large differential in power between teacher and student precluded or cast doubt on the possibility of genuine, noncoerced con- sent on the student\u2019s part. Does not this rationale, feminist critics asked, strip (overwhelmingly) women students of their sexual agency, inverting the rapist\u2019s logic of \u201cno means yes\u201d into the moralizing and protectionist logic of \u201cyes means no\u201d?81 Some feminists also argued that prohibitions on consensual student- 77. See Ann Pellegrini, Interested Third Parties Response to Tania Modleski, 26 619, 623, 625 (2000). 78. Carol Sanger, Consensual Sex and the Limits of Harassment Law, in LAW, supra note 40, at 77, 87; Michael K. Wyatt, Avoiding Sexual Abuse Claims After Meritor L.J., Oct. 27, 1986, at 47, col. 2. 79. See, e.g & WEINER, supra note 47, at 170-81 RICH, Taking Women Students Seriously, in 237, 242-43 (1979); Chamallas, supra note 53, at 861-62; Phyllis Coleman, Sex in Power Dependency Relationships: Taking Unfair Advantage of the \u2018Fair\u2019 Sex, 53 ALB. L. REV. 95, 119-23 (1988); Peter DeChiara, The Need for Universities to Have Rules on Consensual Sexual Relationships Between Faculty Members and Students, 21 COLUM. J.L. & SOC. PROBS. 137, 145-56 (1988); Caroline Forell, What\u2019s Wrong with Faculty-Student Sex? The Law School Context, 47 J.LEGALEDUC. 47, 70-72 (1997); Mack, supra note 2, at 82-85; Tania Modleski, Fight the Power Response to Jane Gallop, James Kincaid, and Ann Pellegrini, 26 591, 599-600 (2000); Carol Sanger, The Erotics of Torts, 96 MICH. L. REV. 1852, 1879-81 (1998) (reviewing (1997)). 80. See, e.g (1997); Carrie N. Baker, Proposed Title Guidelines on Sex-Based Harassment of Students, 43 L.J. 271, 296 n.121 (1996); Hoffmann, supra note 48, at 118; Ann Pellegrini, Pedagogy\u2019s Turn: Observations on Stu- dents, Teachers, and Transference-Love, 25 617, 617-25 (1999); Margaret Talbot Most Dangerous Method (1997), .theinfo.org/Archive/method.html [ Young, supra note 64, at 269-302. 81. See GALLOP, supra note 80, at 38; Pellegrini, supra note 80, at 620; Young, supra note 64, at 270. For a more recent expression of this critique, see ADVANCES: the yale law journal 129:1100 2020 1116 teacher sex disproportionately harmed queer and other precariously-positioned faculty members;82 reinforced a hierarchical, antifeminist, and inhumane under- standing of pedagogy;83 and ignored the inherently personal, and indeed erotic, nature of the pedagogical enterprise.84 (Male opponents of such bans, mean- while, typically expressed their opposition in terms of the right to privacy and free association,85 their distaste for prudery,86 and, in one notorious case, the bene\ufb01ts to young women of losing their virginity to their male professors.87) On the view of many feminists in the 1980s and 1990s, to extend sexual-harassment policies to cover consensual teacher-student relationships was to pervert the original motivation of those policies: to make campuses safer and freer for women. Fraught debates about the regulation of teacher-student sex re\ufb02ected broader debates within feminism of that period. Starting in the 1980s, some feminists rejected a MacKinnonite feminism that, as they saw it, made all women (2017) [hereinafter KIPNIS,UNWANTEDADVANCES]; and Laura Kipnis, Sexual Paranoia Strikes Academe EDUC. (Feb. 27, 2015), [ -CGEC] [hereinafter Kipnis, Sexual Paranoia]. 82. GALLOP, supra note 80, at 84-95; Hoffmann, supra note 48, at 115; Pellegrini, supra note 80, at 621-22; see also Kal Alston, So Give Me Love, Love, Love, Love, Crazy Love: Teachers, Sex, and Transference?, 1998 PHIL.EDUC. 366, 366 (cautioning against \u201cinvoking the power of the state, which does not have a good record of protecting those most vulnerable to its powers\u201d). In Naragon v. Wharton, 572 F. Supp. 1117, 1123-24 (M.D. La. 1983), aff\u2019d, 737 F.2d 1403 (5th Cir. 1984), the court upheld the sanctioning of a graduate student for having a consensual lesbian relationship with an undergraduate who was in her department but whom she did not teach, after the student\u2019s parents complained. At the time, Louisiana State University did not have a prohibition on faculty-student relationships. The dean who sanctioned the graduate student also knew of an ongoing affair between a male faculty member and a female student over whom he had grading responsibility; the dean had declined to sanction the male faculty mem- ber. See Forell, supra note 79, at 68. For similar worries about \u201cgovernance feminism\u201d and the regulation of sex more broadly, see (2006); Halley, supra note 36, at 80-104; and Janet Halley, Trading the Megaphone for the Gavel in Title Enforcement, 128 HARV.L.REV. F. 103 (2015) [hereinafter Halley, Trading the Megaphone]. 83. See GALLOP, supra note 80, at 69-71; Talbot, supra note 80. 84. See GALLOP, supra note 80, at 42-49; Talbot, supra note 80. 85. See Gary E. Elliot, Consensual Relationships and the Constitution Case of Liberty Denied, 6 & L. 47, 48-49 (1999); Hitt & Kerrigan, supra note 57, at 36; see also Keller, supra note 47, at 28-34 (cataloguing privacy-based rationales from courts regarding such pol- icies). 86. See Hitt & Kerrigan, supra note 57, at 34; James R. Kincaid, Pouvoir, F\u00e9licit\u00e9, Jane, et Moi (Power, Bliss, Jane, and Me), 25 610, 610-11 (1999). 87. See Hitt & Kerrigan, supra note 57, at 35-36. sex as a pedagogical failure 1117 victims and all heterosexual desire suspect, declaring themselves instead \u201cpro- sex\u201d or \u201csex-positive.\u201d88 These \u201cThird Wave\u201d feminists strongly criticized radical feminists for playing into the hands of politically ascendant conservatives by (as they saw it) reinforcing a Victorian paternalism that would ultimately be used to oppress and control women.89 As Ann Snitow, Christine Stansell, and Sharon Thompson wrote in a gently critical letter to Adrienne Rich in 1981, \u201cIn the Reagan era, we can hardly afford to romanticize any old norm of a virtuous and moral sexuality.\u201d90 But in the last decade, and particularly in the wake of #Me- Too, feminists have moved back toward a Second-Wave skepticism about sex across large power differentials. As an index of this shift, just compare how con- temporary feminists would respond to a present-day Clinton-Lewinsky-type scandal to how feminists responded\u2014or failed to respond\u2014in the late 1990s, when it became clear that the world\u2019s most powerful man had been receiving fellatio from a twenty-two-year-old intern.91 88. For the locus classicus, see WILLIS, Lust Horizons: Is the Women\u2019s Movement Pro-Sex?, in 3 (1992). 89. See, e.g 11 (1995 146-50 (1993 161-78 (1995); Carole S. Vance, Pleasure and Danger: Toward a Politics of Sexuality, in 22 (Carole S. Vance ed., 1984); Cathy Young, The New Madonna/Whore Syndrome: Feminism, Sexuality, and Sexual Harassment, 38 N.Y.L. SCH. L. REV. 257, 258 (1993). 90. Adrienne Cecile Rich, Compulsory Heterosexuality and Lesbian Existence (1980), 15 HIST. 11, 38 (2003). 91. For women\u2019s contemporary reactions to the Clinton-Lewinsky affair, see Francine Prose, New York Supergals Love That Naughty Prez (Feb. 9, 1998), /02/new-york-supergals-love-that-naughty-prez [ Marjo- rie Williams, Clinton and Women (May 1998), /magazine/1998/05/williams199805 [ For an excellent dis- cussion of contemporary feminist reaction to the Clinton-Lewinsky affair, see Slow Burn: Bedfellows (Sept. 26, 2018), /bedfellows [ For more on the shift in women\u2019s perspectives on the affair in the wake of #MeToo, see, for example, Monica Lewinsky, Emerging from \u201cThe House of Gas Light\u201d in the Age of #MeToo (Feb. 25, 2018), [https:// perma.cc/UN5W-FAD7]; Alyssa Mastromonaco, What My Friendship With Monica Lewinsky Taught Me About #MeToo (Mar. 8, 2019), /story/2019/03/08/alyssa-mastromonaco-monica-lewinsky-metoo-225695 [https:// perma.cc/AD8H-AMR3]; and Ashley Velez, #MeToo Founder Tarana Burke Breaks Down Why Bill Clinton\u2019s Affair with Monica Lewinsky Was an Abuse of Power (Oct. 16, 2018), 1829795624 [ the yale law journal 129:1100 2020 1118 Correspondingly, regulation of teacher-student relationships has become in- creasingly common, and has faced, as in the case of Yale\u2019s 2010 policy change, little resistance from feminists.92 In 1989, only an estimated 17 percent of Amer- ican universities had consensual relationship policies; by 2004, the estimate was 57 percent.93 Since Yale\u2019s 2010 decision to prohibit all faculty-undergraduate re- lationships, many other universities have followed suit, crafting similarly strict policies; a 2014 survey of universities found that the number had risen to 84 per- cent.94 Justi\ufb01cations for these policies almost invariably appeal to the differences in power between faculty and students; the previously mentioned study found that 98 percent of schools justi\ufb01ed these restrictions on power-differential grounds.95 Whatever we think of the policies it undergirds, the \u201cpower differential, no consent\u201d rationale is problematic.96 In Meritor, the observation that consent is no bar to a \ufb01nding of sexual harassment is motivated by situations where a sub- ordinate feels compelled to relent to a supervisor\u2019s advances because she fears the consequences of not doing so, even if there is no explicit threat made.97 In such cases, a form of consent may be given, but of the sort that is compatible with unwantedness. The \u201cpower differential, no consent\u201d rationale assimilates all professor-student relationships to the Meritor paradigm: that is, a paradigm in which apparent consent is, in fact, coerced. Or, more carefully put, the \u201cpower differential, no consent\u201d rationale either assimilates all professor-student sex to the Meritor paradigm, or to what we might call an \u201cincapacity\u201d paradigm, ac- cording to which women students are incapable of consenting per se to sex with professors. The latter paradigm is suspect for the reasons many feminists have long said: most university students are legally adults, and to think of them as incapable of consent is both paternalistic and inconsistent with broader patterns of judgment about consent. The \u201cpower differential, no consent\u201d rationale should only apply to those instances in which students, despite appearances, feel subtly coerced into consenting to sexual relationships with their professors. 92 notable exception here is Laura Kipnis. See ADVANCES, supra note 81; Kipnis, Sexual Paranoia, supra note 81. 93. Eileen Sullivan, Perceptions of Consensual Amorous Relationship Polices (CARPs), 5 (2004). (Note that the title of Sullivan\u2019s piece should have \u201cPolicies\u201d for \u201cPolices.\u201d) 94. Tara N. Richards et al., An Exploration of Policies Governing Faculty-to-Student Consensual Sex- ual Relationships on University Campuses: Current Strategies and Future Directions, 55 DEV. 337, 342 (2014). 95. Id. at 344. 96. For appeals to this rationale in defense of regulations on professor-student relationships, see, for example & WEINER, supra note 47, at 25, 75; Coleman, supra note 79, at 95-96; and DeChiara, supra note 79, at 142. 97. 477 U.S. 57, 68 (1986). sex as a pedagogical failure 1119 What of those cases\u2014we all know of them\u2014in which women students enthusi- astically and willfully enter into such relationships and indeed initiate those re- lationships themselves? Of course, that there are some teacher-student relationships to which the Meritor paradigm does not apply\u2014cases, that is, that cannot be plausibly de- scribed as coercive\u2014does not show us that the \u201cpower differential, no consent\u201d rationale should be thrown out. The problem is that such relationships are not, in fact, an exception, but one important paradigm of professor-student relation- ships do not mean to suggest that it is the only paradigm. There is also (the well-instantiated) paradigm of the lecherous professor who subtly and not-so- subtly imposes himself on his women students, sometimes coercing them into acquiescence. But there is also the paradigm of the \u201chot\u201d professor, with whom the student sleeps not because she is afraid of what he might otherwise do but because she \ufb01nds him sexy and desirable, and whose advances are very much, at the time at least, welcome. The \u201cpower differential, no consent\u201d rationale cannot plausibly account for what is troubling about such cases. But there is something troubling\u2014something troubling, say, about the male professor who happily ac- cepts the infatuated attentions of his freshman student, has sex with her, dates her. The problem suggest, is that he was supposed to be teaching her. The power differential between teacher and student is not itself undifferen- tiated: it is not simply that the teacher has more in\ufb02uence on how the student\u2019s life will go than the student has on the fate of her teacher. Indeed, thinking of the power relationship between teacher and student this way is what invites the Oleanna-style insistence that, really, women students have all the power, because they can get their male professors \ufb01red.98 Teachers and students are divided by a profound epistemic asymmetry. Teachers know and understand certain things; students want to know and understand those same things. Implicit in the stu- dent-teacher relationship is the promise of at least a partial equalization of that asymmetry: that the teacher will confer on the student some of his power and help her become, along a certain dimension, more like him. In the best cases, students \ufb01nd this asymmetry intoxicating, frustrating, and an occasion for de- sire\u2014that is, a spur to learning. When the teacher takes the student\u2019s longing for epistemic power and transposes it into a sexual key, allowing himself to be\u2014or worse, making himself\u2014the object of her desire, he has failed her as a teacher. And this is so even if the student has fully and enthusiastically consented. 98. Oleanna is a play by David Mamet that premiered in 1992 (1992). It depicts an escalating con\ufb02ict between a male professor and his female student, which leads the student, egged on by her feminist group, to accuse her professor of sexual harassment and then attempted rape. Id. He is denied tenure and suspended from his job. Id. the yale law journal 129:1100 2020 1120 ii. teaching and transference In 1992, Jane Gallop, Distinguished Professor of English and Comparative Literature at the University of Wisconsin at Milwaukee, was accused of sexual harassment by two of her graduate students. After a long investigation, the uni- versity found Gallop guilty of violating, with respect to one of the students, a prohibition on \u201cconsensual amorous relations\u201d between faculty and students. Five years later, Gallop published a book, Feminist Accused of Sexual Harassment, defending herself against the accusations.99 She did not deny the basic facts: that she had performatively and passionately kissed one of the students at a bar in front of other students; that she had announced at a conference that graduate students were her \u201csexual preference\u201d; that she purposely made her pedagogical relationships intense, \ufb02irtatious, and sexually charged; that she had multiple consensual sexual affairs with students, both undergraduate and graduate, be- fore 1982, when she met her long-term partner.100 Instead, Gallop denied that there was anything wrong with any of this: At its most intense\u2014and would argue, its most productive\u2014the peda- gogical relation between teacher and student is, in fact, a \u201cconsensual amorous relation.\u201d And if schools decide to prohibit not only sex but \u201camorous relations\u201d between teacher and student, the \u201cconsensual amo- rous relation\u201d that will be banned from our campuses might just be teaching itself.101 The pedagogical relationship, in its ideal form, is already an amorous, erotic relation, so what harm could there be in allowing that relation to physically man- ifest in sex? To rule out student-faculty sex is to rule out erotically charged ped- agogy\u2014the best sort of pedagogy, Gallop thinks. In her formal response to the students\u2019 complaints, Gallop appealed to Freud\u2019s notion of transference, the patient\u2019s tendency to unconsciously project feelings, both positive and negative, associated with important childhood \ufb01gures (usually parents) onto the analyst.102 In many cases, the result is what Freud 99. GALLOP, supra note 80, at 1. 100. GALLOP, supra note 80, 90-91 (describing passionately kissing one of her students at a bar); id. at 86 (noting that she had announced at a conference that graduate students were her sex- ual preference); id. at 11-12, 20, 33, 44-49, 52-53 (describing how she purposely made her ped- agogical relationships intense, \ufb02irtatious, and sexually charged); id. at 44-48, 52-53 (saying she had multiple consensual sexual affairs with students, both undergraduate and graduate, before 1982, when she met the man who became her long-term partner). 101. Id. at 57. 102. Id. at 56. sex as a pedagogical failure 1121 called \u201ctransference-love,\u201d a projection of a child\u2019s devotion, infatuation, and ea- gerness to please from parent to analyst. Transference, Gallop said, \u201cis also an inevitable part of any relationship we have to a teacher who really makes a dif- ference.\u201d103 Falling in love with our teachers, in other words, is a sign that ped- agogy has gone well. Perhaps. Certainly, those of us who ended up as professors almost invariably did so because some teacher aroused in us intense feelings of infatuation, desire, and want. And those of us who teach will likely recognize something akin to transference in not only those students in whom we arouse similar desires but also in those students for whom the exercise of our pedagogical authority is like a mortal attack on their independence, prompting outsized hostility rather than (outsized) adoration.104 Even so, Gallop failed to notice that central to Freud\u2019s theory of transference\u2014and to the contemporary practice of psychotherapy105\u2014 is his insistence that the analyst \u201cis absolutely debarred\u201d106 from engaging ro- mantically or sexually with his patients.107 For Freud, \u201cthe analyst responds but 103. Id. 104. That said, as Corey Robin points out in an eviscerating essay in the Chronicle of Higher Edu- cation, those who wax lyrical about the erotics of pedagogy are, like me, almost always profes- sors at elite universities\u2014that is, the sort of people (professors) who are invested in a roman- ticized self-understanding of the sort of institutions (elite universities) that provide the space and time for intense dyadic pedagogic relationships. See Corey Robin, The Erotic Professor EDUC. (May 13, 2018), -Professor/243401 [ Thus, Robin writes, \u201cthe real shadow talk of the erotic professor is not sex but class.\u201d Id certainly feel the sting of Robin\u2019s critique, and indeed the publication of his essay stopped me, for a while, from wanting to write this Feature do not deny that the picture of pedagogy presuppose here is an elitist one: it is a picture that assumes that professors are not entirely consumed with bureaucratic hoop-jump- ing or huge teaching loads and that students are not consumed by \ufb01nancial or immigration worries and, moreover, arrive at university with the sort of cultural capital that allows them to make use of opportunities for close mentorship. Like Robin, my political commitments mean that think that such an education need not be elitist, that the \u201caim should not be to tear down Harvard but to lift up Brooklyn College.\u201d Id. But he is right to point out that this is an all-too-easy thing to say and that the \u201cthe material conditions and teacher-student ratios that are necessary for a democratized intensity\u201d would require a drastic redistribution of social resources at all levels of education. Id. For what it is worth wholeheartedly support such a redistribution. 105. See generally (1995) (explaining how the contemporary \ufb01eld of psychology establishes boundaries). 106. Sigmund Freud, Further Recommendations in the Technique of Psycho-Analysis: Observations on Transference-Love (1915), reprinted in 65, 79 (Steven J. Ellman ed., Joan Riviere trans., 2002). 107. Pellegrini, supra note 80, at 624, correctly notes Freud\u2019s prohibition on countertransference but strangely takes this to speak against prohibitions on faculty-student relationships. For the yale law journal 129:1100 2020 1122 does not respond in kind.\u201d108 The analyst must not, that is, respond with either love or hostility to his patient, and a fortiori must not use the transference as a means toward his own emotional or physical satisfaction. Freud cautioned the analyst that the \u201cpatient\u2019s falling in love is induced by the analytic situation and is not to be ascribed to the charms of his person.\u201d109 Instead, the analyst must use the transference-relation as a tool in the therapeutic process. According to Freud, the skilled analyst does this by drawing the patient\u2019s attention to the transference at work, and convinces\u2014note the ambiguity in that word, to which will return\u2014her that her transference-attitude is a mere projection of repressed emotion. \u201cIn this way,\u201d Freud wrote, \u201cthe transference is changed from the strongest weapon of the resistance into the best instrument of the analytic treat- ment . . . . [I]ts handling remains the most difficult as well as the most important part of the technique of analysis.\u201d110 What might it be for the professor to respond to the student\u2019s transference- love but not respond in kind\u2014instead harnessing it as a tool in the pedagogic process? It would not be enough for the professor simply to refrain from using the transference as a means toward sleeping with the student. Nor would it be enough for the professor to use the student\u2019s desire to please him as a way of motivating the student to learn.111 It would involve, presumably, the professor \u201cconvincing\u201d the student that her desire for him is a form of projection: that what she really desires is not the professor at all but what he represents. In that way, the student\u2019s transference-feelings could be repurposed for the end of edu- cation itself: that is, the student\u2019s learning. At the start of \u201cNotes on Transference-Love,\u201d Freud tells us that he can \u201cgo behind moral prescriptions\u201d to their source, \u201cnamely, to utility.\u201d112 By this, Freud meant he could explain why analysts should not sleep with their patients, not by appealing to general moral principle\u2014say, a prohibition on nonconsensual sex or sex across power differences\u2014but by appealing to the speci\ufb01c \u201crequirements of analytic technique.\u201d Simply put, romantic and sexual relations between ana- more straightforward applications of Freud\u2019s views of transference-love to the pedagogical context, see Chris Higgins, Transference Love from the Couch to the Classroom Psychoanalytic Perspective on the Ethics of Teacher-Student Romance, 1998 PHIL. EDUC. 357, 357; Lisa Ruddick, Professional Harassment, 26 601, 603-04 (2000); and Sanger, supra note 79. 108. Higgins, supra note 107, at 363. 109. Freud, supra note 106, at 67. 110 47 (James Strachey trans., 1963). 111. For Freud, this is what partly distinguishes psychoanalysis from other forms of psychother- apy. See id. 112. Freud, supra note 106, at 71. sex as a pedagogical failure 1123 lyst and patient severely disrupt, and are incompatible with, the goal of the ther- apeutic process: the patient\u2019s liberation from neurosis. Insofar as the analyst re- sponds to his patient\u2019s transference-love in kind, rather than using it as a means toward the therapeutic goal, he has failed as an analyst.113 The same can be said of teaching.114 To explain why professors should not sleep with their students, we do not need to appeal to general moral principles about consent or coercion. We can, instead, appeal to the speci\ufb01c requirements and aims of the pedagogical practice. We can, that is, appeal to the point of education: the intellectual trans- formation of the student. The value of this comparison between the therapist-patient and professor- student relationship lies not only in the shared phenomenon of transference but also in the similar consequences that result from its mismanagement. Students and patients who have had consensual relationships with, respectively, their pro- fessors and therapists, tend to report similar emotional consequences, particu- larly the feeling of having been betrayed.115 The betrayal in question is not a lover\u2019s betrayal: the therapist or professor need not have cheated on or lied to the patient or student. Rather, it is the betrayal of the trusted authority \ufb01gure who fails to live up to the implicit terms set by the therapeutic or pedagogical relationship. The student is betrayed\u2014to adapt a phrase from Judith Herman in 113. This Freudian thought is enshrined in both professional norms and regulations across the therapeutic profession, as well as in the law. See Simmons v. United States, 805 F.2d 1363, 1365-66 (9th Cir. 1986) (determining that a counselor\u2019s sexual relationship with a patient under transference constituted wrongful behavior in the scope of his employment); Corgan v. Muehling, 574 N.E.2d 602, 606-07 (Ill. 1991) (holding that the patient\u2019s claim is actionable upon proof of the defendant\u2019s negligence in handling the transference phenomenon and hav- ing sexual relations with the patient during the course of treatment); Linda Jorgenson, Re- becca Randles & Larry Strasburger, The Furor over Psychotherapist-Patient Sexual Contact: New Solutions to an Old Problem, 32 L. REV. 645 (1991); Timothy E. Allen, Note, The Foreseeability of Transference: Extending Employer Liability Under Washington Law for Therapist Sexual Exploitation of Patients, 78 WASH. L. REV. 525, 533 n.65 (2003) (listing state statutes that criminalize such conduct by therapists); S. Wesley Gorman, Comment, Sex Outside of the Therapy Hour: Practical and Constitutional Limits on Therapist Sexual Misconduct Regulations, 56 L. REV. 983 (2009). 114. For an argument that professors, like therapists, should be legally classi\ufb01ed and regulated as \ufb01duciaries, see Forell, supra note 79. See also Mack, supra note 2, at 80 (discussing the violation of trust that occurs when a faculty member transforms his relationship with a student into a sexual one). On two Canadian cases in which professors were found guilty of \u201cbreach of trust\u201d for having had consensual relations with students, see Shirley Katz, Consensual Sexual Rela- tions Between Students and Faculty, CAASHHENEWSL.(Can. Ass\u2019n Against Sexual Harassment in Higher Educ., Victoria, B.C.), Mar. 2000, at 1, 4. 115. On the common psychological effects of the sexualization of pedagogical and therapeutic re- lationships, see 105-40 (1992). the yale law journal 129:1100 2020 1124 the context of parent-child incest\u2014not by the sex itself, but by the \u201ccorruption of [teacherly] love\u201d it represents.116 Likewise, there is a striking similarity be- tween the rationalizations produced by therapists and professors who engage in such relationships: \u201c\u2018the sexualization of our relationship will do you good and is really for your bene\ufb01t\u2019; \u2018we\u2019re basically equals here\u2019; \u2018in transgressing my role of professional detachment I\u2019m treating you like a human being.\u2019\u201d117 Caroline Forell notes that \u201c[m]any [consensual faculty-student relation- ships] are not good for at least one of the parties\u2014almost always, the student.\u201d118 The empirics bear out this concern. One study of 356 graduate women across various disciplines found that 13 percent had engaged in consensual relationships with their professors; thirty-one women in the study reported being pressured to date or have sex with a male faculty member and that these men used \u201c[v]ari- ous types of threats or persuasion,\u201d including threats of academic and \ufb01nancial penalties and physical harm, \u201csuch as grabbing, slapping, and restraint.\u201d119 The women in the study reported feeling embarrassed, \u201cfearful of jeopardizing their academic futures,\u201d and \u201cphysically afraid.\u201d120 Another study of 464 women members of the clinical psychology division of the American Psychological As- sociation found that 31 percent had received advances from, and 17 percent had had sex with, their professors during graduate school.121 Ninety-\ufb01ve percent of respondents in the study said that such relationships were ethically inappropri- ate, coercive, exploitative, or harmful to students\u2019 educations.122 The authors found that the attitudes of the participants toward consensual faculty-student relationships in which they had been involved were signi\ufb01cantly more negative 116 4 (2000). It is interesting to note that under- graduate students appear to overwhelmingly see consensual faculty-undergraduate relation- ships as unethical or inappropriate 1995 study indicated that undergraduates found con- sensual relationships between faculty and undergraduates unethical; in a 2002 survey of almost 500 undergraduates, the students gave a mean score of 4.48 to faculty-student consen- sual relationships, on a scale from 1 (always appropriate) to 5 (always inappropriate). Rich- ards et al., supra note 94, at 339. 117. Ruddick, supra note 107, at 602 (noting that all of these rationalizations are present in GAL- LOP); see also 241-43 (1994). 118. Forell, supra note 79, at 52. 119. Beth E. Schneider, Graduate Women, Sexual Harassment, and University Policy, 58 EDUC. 46, 47, 54, 57-58 (1987). 120. Id. at 57. 121. Robert D. Glaser & Joseph S. Thorpe, Unethical Intimacy Survey of Sexual Contact and Ad- vances Between Psychology Educators and Female Graduate Students, 41 43, 43 (1986). 122. Id. at 47. sex as a pedagogical failure 1125 in retrospect, with students coming to see past encounters as \u201cextremely exploi- tative and harmful.\u201d123 They commented that \u201cthese changes in part re\ufb02ect a consenting involvement by many students at the time as well as an increased cur- rent sensitivity to the problems involved in such relationships, a sensitivity that was not present at the time of contact.\u201d124 They also acknowledged \u201cthe reality of a population of women of unknown numbers who, after gaining keenly competi- tive admission to doctoral studies in psychology, take leave of that effort and goal not through lack of ability and diligence but through disgust, dissuasion and misuse.\u201d125 Some consequences to the mismanagement of transference are particular to the pedagogical context. When a therapist abuses the therapeutic relationship by having a sexual relationship with his patient, the patient is likely to \ufb01nd it diffi- cult to trust another therapist, and the psychic issues that brought her to therapy might well go unresolved, if not exacerbated. But a woman student who has an analogous experience with her professor also faces a possible harm due to the public nature of the pedagogical relationship. Here is one account of how such a harm might manifest, from a former student-girlfriend: For a long time went around feeling naive, humiliated, and ashamed. Many of his colleagues knew the extent of the errands ran for him . . . . Many of his colleagues were also my professors, and the humiliation felt in their presence was great was ridiculed by students who were aware of what was going on. My emotional attachment to him earned me the title \u201cProfessor X\u2019s pitbull,\u201d as though could not think for myself, only defend my master on command.126 The student is not only, in the eyes of her professor-boyfriend, transformed from a student, whose needs he is meant to serve, into someone who is meant to serve his needs (his errands, his ego). She is also transformed in the eyes of her aca- demic community as a whole. She is unable to relate any longer to her other professors as her teachers; they are now her boyfriend\u2019s (judgmental) col- leagues. She may stay enrolled, but is she any longer a student? If she leaves, are we surprised? 123. Id. at 43. 124. Id. at 49 (emphasis added). 125. Id. at 50. 126. Leslie Irvine \u201cConsensual\u201d Relationship, in 234, 242 (Bernice R. Sandler & Robert J. Shoop eds., 1997). the yale law journal 129:1100 2020 1126 Above drew attention to Freud\u2019s saying that the good analyst \u201cconvinces\u201d his patient that her transference emotions are not real love but mere projection. The ambiguity in that word \u201cconvinces\u201d is telling. For projection, as Freud notes, \u201cis the essential character of every love.\u201d127 Transference-love \u201chas perhaps a de- gree less of freedom than the love which appears in ordinary life . . . it displays its dependence on the infantile pattern more clearly, is less adaptable and capable of modi\ufb01cation; but that is all and that is nothing essential.\u201d128 In other words, the good analyst must partially mislead the patient about what she is feeling; in convincing her that she does not really love him, but merely what he represents, he convinces her of \u201cthe truth, but not the whole truth.\u201d129 So, too, with the student\u2019s love for her professor.130 We can say that she is \u201creally\u201d in love with what he represents, rather than the man himself. But who falls in love any other way? (As Proust writes, \u201cWe fall in love with a smile, the look in someone\u2019s eyes, a shoulder. That is enough; then during the long hours of hope or sadness, we create a person, we compose a character.\u201d131) The differ- ences between the infatuation a student has for her professor and the infatuation anyone has for anyone else are a matter of degree, not kind. The problem with professor-student sexual relationships is not that they can involve no genuine love.132 It is that they involve the wrong sort of love. Speaking as a teacher to other teachers, bell hooks commands us to \u201c[t]hink: how can love these strangers, these others that see in the classroom?\u201d133 The love hooks is speaking 127. Freud, supra note 106, at 76. 128. Id. at 76-77. 129. Id. at 76. 130. One might worry that this opens my account to the same objection raised by feminists against the \u201cpower differential, no consent\u201d rationale: that it infantilizes women by denying their de- sires. To be clear do think that professors\u2014and here the analogy with the therapist ends\u2014 should not actually tell their infatuated students that they are not \u201creally in love.\u201d Indeed doubt that, except in very rare cases, it is wise for the professor to acknowledge the student\u2019s amorous feelings; much better, instead, to simply treat the student as if her erotic energies were already directed at learning\u2014thereby, one hopes, making them so. 131. 5 PROUST, The Fugitive, in 496 (Christopher Prendergast ed., Peter Collier trans., 2002) (1925). 132 hope this suffices to answer an objection frequently voiced against prohibitions on faculty- student relationships: that such relationships sometimes end in marriage take this objection to be motivated by the thought that the only reason to prohibit faculty-student relationships is that they involve a mere simulacrum of love. But my argument\u2014like Freud\u2019s\u2014does not depend on any distinction between real and false love. (In a sense all love is a simulacrum.) But also confess that \ufb01nd the \u201cit sometimes ends in marriage\u201d line an odd one, since the same is true of so many evidently problematic relationships. 133. bell hooks, Embracing Freedom: Spirituality and Liberation, in 113, 125 (Steven Glazer ed., 1999). sex as a pedagogical failure 1127 of is not the exclusive, jealous, dyadic love of lovers but something more dis- tanced, more controlled, more open to others and the world\u2014though no less love for that. iii. socrates and the duties of pedagogy Many have found in the \ufb01gure of Socrates a different, more erotically inti- mate model of pedagogy, one that speaks against modern regulations on teacher- student love. After all, Socratic pedagogy is an intensely erotic affair, especially given its association with the ancient Greek institution of paiderasteia, whereby young aristocratic boys in the bloom of adolescence (eromenoi) are introduced to the moral and intellectual virtues by older male lovers (erastai).134 But Socrates, at least in Plato\u2019s telling, does not sleep with his students, subverting the tradi- tional dynamics of paiderasteia. In the Republic, Socrates tells us that \u201csexual pleasure mustn\u2019t come into\u201d relationships between the guardians and the young boys they are educating, \u201cif they are to love and be loved in the right way.\u201d135 Indeed, Kallipolis, the ideal city, will have a law that mandates that adult guard- ians love their young students only \u201cas a father would a son.\u201d136 For Socrates, to love a boy properly involves awakening his desire for wisdom\u2014to make him, that is, a philosopher, a \u201clover of wisdom.\u201d137 This is a task accomplished not through sex but through the rigors of elenchus, philosophical refutation. Thus, in Lysis, Hippothales (rather foolishly) asks Socrates for his advice on seducing his beloved, only to receive a demonstration in how to philosophically interro- gate him.138 It is for this reason\u2014this identi\ufb01cation of loving with questioning, of er\u00f4s with er\u00f4tan139\u2014that Socrates can say that the only thing he understands is ta er\u00f4tika, the art of love.140 134. For a discussion of paiderasteia, see 50-52 (1978); and C.D.C. Reeve, Introduction to LOVE, at xi (C.D.C. Reeve ed., 2006). 135 403b (G.M.A. Grube, trans., C.D.C. Reeve ed., 1991). 136. Id. at 403a. 137. Reeve, supra note 134, at xix. 138. Plato, Lysis, in LOVE, supra note 134, at 1-25 (Stanley Lombardo trans.). 139. Reeve, supra note 134, at xix-xx (noting Socrates\u2019s \u201cnontrivial play on words facilitated by the fact that the noun er\u00f4s (\u2018love\u2019) and the verb er\u00f4tan (\u2018to ask questions\u2019) seem to be etymologi- cally connected\u201d). 140. Plato, Symposium, in LOVE, supra note 134, at 172a, 177d & n.28 (Alexander Nehamas & Paul Woodruff trans.). the yale law journal 129:1100 2020 1128 In the Symposium, Socrates tells us (as the prophetess Diotima told the young Socrates in turn) that the student\u2019s erotic energies are \ufb01rst aroused by a particu- lar beautiful body. Then, they must be redirected: \ufb01rst to physical beauty in gen- eral, then to the beauty of souls, then to the beauty of institutions, morality, and the sciences, and \ufb01nally to the form of the Beautiful itself, in the presence of which it is possible to give birth to true virtue.141 What, presumably, must not happen is for the student to become \ufb01xated on the particular body or soul of the teacher. To return to the Freudian view, the teacher must make himself a transi- tional object, to be left behind as a mere rung in the student\u2019s ascent to wis- dom.142 It is thus apt that the dialogue ends with Socrates\u2019s student Alcibiades stumbling into the party drunk and delivering a speech on his sexual longing for his teacher\u2014a longing that Socrates has consistently refused to satisfy. That Socrates does not sleep with Alcibiades tends to earn Socrates admira- tion for his restraint.143 Socrates is the dutiful teacher, resisting the temptations of his beautiful young student. It is Alcibiades, whose super\ufb01ciality prevents him from taking the erotic ascent on which Socrates would lead him, who is the ped- agogical failure. But another reading presents itself.144 How super\ufb01cial is Alcibi- ades? He has, after all, fallen in love with Socrates, who is notoriously ugly, pre- sumably because of the latter\u2019s intellectual virtues. And how otherworldly is Socrates? When Alcibiades \ufb01rst enters the scene, he staggers over to sit next to Agathon, the most beautiful man in the room, only to discover that Socrates is already there. \u201cWhy did you choose this particular couch?,\u201d he accuses his teacher.145 Socrates responds by asking Agathon to protect him from Alcibiades\u2019s jealous rage, of which he says he has grown weary and frightened.146 When Al- cibiades is persuaded to give a speech on love, he explains that it will have to be a speech on Socrates, lest his teacher get jealous.147 Are we really to believe that Socrates is not enjoying all this? Is Alcibiades not right when he says that Socra- tes is \u201ccrazy about beautiful boys . . . follow[ing] them around in a perpetual 141. Id. at 210a-211e. 142. On the teacher as transitional object, see Higgins, supra note 107, at 364. 143. See, e.g., William Deresiewicz, Essay, Love on Campus (June 1, 2007), https:// theamericanscholar.org/love-on-campus [ Sanger, supra note 78, at 1882. 144. For a related reading, see Michael Gagarin, Socrates\u2019 Hybris and Alcibiades\u2019 Failure, 31 22 (1977). Much of my reading of the Symposium is in\ufb02uenced by my undergraduate professor Karsten Harries. 145. Plato, supra note 140, at 213b-c. 146. Id. at 213c-d. 147. Id. at 214b-d. sex as a pedagogical failure 1129 daze\u201d?148 Why, in the Charmides, does Socrates return from war and immediately go to the palaestra to inquire whether, during his time away, any young men have become known, not just for their virtue, but for their beauty? Is Alcibiades a failed student, or is Socrates a failed teacher\u2014the sort of teacher who would prefer to absorb rather than redirect his student\u2019s erotic energies?149 As Gagarin notes, perhaps the most striking accusation that Alcibiades makes against Socrates is that he pretends to be a lover but is in fact a beloved\u2014 a deception he has perpetrated, Alcibiades says, against various young men.150 What is the signi\ufb01cance of this? The more obvious possibility is the one sug- gested above: that Socrates is clever at getting his students to fall in love with him, serving his own narcissistic pleasure second possibility hones in on the \ufb01rst part of the accusation: that Socrates is not really a lover. Within paiderasteia, it is the older lover who is \ufb01gured as the teacher, and the younger beloved as the student. To say, as Alcibiades does, that Socrates is not really a lover is thus to say that Socrates is not really a teacher. And indeed, the account of pedagogy that Socrates recounts from Diotima involves an inversion of the pedagogical logic of paiderasteia. At the beginning of Socrates\u2019s account, Diotima says that when an older lover meets a beautiful boy, he \u201cinstantly teem[s] with speeches about vir- tue\u201d and \u201ctries to educate him.\u201d151 But then we learn that it is the lover, and not his beloved, who ascends to virtue, using the beautiful boy as a rung on a ladder, as a transitional object.152 The education of the young boy drops out of view. Indeed, the boy was never promised an education: the lover, Diotima says, merely \u201ctries to teach him.\u201d153 Here is an impious thought. Perhaps all of Socrates\u2019s apparent attempts at teaching\u2014his relentless subjection of beautiful young men to the rigors of elen- 148. Id. at 216d. 149. In a misogynistic bit of prose, Freud discusses a \u201ctype of woman\u201d whose transference-love cannot be harnessed for therapeutic ends: \u2018These are women of an elemental passionateness; they tolerate no surrogates; they are children of nature who refuse to accept the spiritual in- stead of the material; to use the poet\u2019s words, they are amenable only to the \u2018logic of gruel and the argument of dumplings.\u2019 With such people . . . one must acknowledge failure and with- draw . . . .\u201d Freud, supra note 106, at 74-75. Perhaps there are such people, and perhaps Alci- biades is one of them. Or perhaps Freud has come up against his limits. 150. Gagarin, supra note 144, at 29; Plato, supra note 140, at 222a-b. 151. Id. at 209b. 152. Id. at 210a-211c. 153. Id. at 209b. the yale law journal 129:1100 2020 1130 chus\u2014are not pedagogical efforts at all. Perhaps they are merely a means of Soc- rates\u2019s own self-directed ascent to knowledge.154 This would give us a neat but dark solution to what Gregory Vlastos has called the \u201c[p]aradox of Socrates\u201d: the fact that a man who is convinced of the supreme value of wisdom is so poor at passing it onto others.155 Alcibiades concludes his speech by warning Agathon that Socrates\u2019s \ufb02irtations will lead nowhere.156 And indeed that is true, in two senses. Socrates will not lead his student to bed\u2014he will exercise restraint\u2014but he equally will not lead his student to wisdom. Vlastos\u2019s own solution to the paradox involves seeing Socrates as a dogmatist who wants to save the souls of others but only by the rationalist method to which he is ideologically wedded. Behind this pedagogical failure, Vlastos says, lies \u201ca failure of love.\u201d157 For Vlas- tos detects \u201ca last zone of frigidity in the soul of the great erotic; had he loved his fellows more, he could hardly have laid on them the burdens of his \u2018despotic logic\u2019 impossible to be borne.\u201d158 But we might think that Socrates does not merely fail to love enough. Could it be that he fails to love at all\u2014love anyone, that is, but himself? If so, we have in Socrates not just a failed teacher, but a false teacher. Several times in the Symposium, Alcibiades accuses Socrates of hybris: a vice of excess, the desire to rise above one\u2019s proper place.159 In this connection, Soc- rates is compared to Marsyas, who was \ufb02ayed by the gods for playing too well.160 Alcibiades recalls how the other soldiers felt scorned by Socrates when he, im- pervious to the cold, marched barefoot through the snow161\u2014a scorn that Alci- biades himself feels when Socrates, impervious to his seductions, refuses to sleep with him, which Alcibiades calls an act of hybris.162 Socrates drinks but does not 154. The \ufb01gure of Diotima, who is explicitly positioned as a successful teacher of Socrates, id. at 207c, keen to have him take the ascent, id. at 210a, might be meant to form an implicit contrast with Socrates. Diotima, a woman, is then the true teacher, because she is a true lover. If so, then there is also the paradox of Diotima, who leads Socrates to the truth via a sort of gentle elenchus, but whose (reported) account leaves no room for this possibility. Has Socrates mis- understood? 155. Gregory Vlastos, Introduction: The Paradox of Socrates, in 1, 1-21 (Gregory Vlastos ed., 1971). 156. Plato, supra note 140, at 222b. 157. Vlastos, supra note 155, at 16. 158. Id. at 17. 159. PLATO, Symposium, in LYSIS. SYMPOSIUM. GORGIAS, at 172a, 215b, 219c, 222a (W.R.M. Lamb trans., 1925); see also Gagarin, supra note 144, at 31-33. 160. PLATO, supra note 159, at 215b-d. 161. Id. at 220b. 162. Id. at 219c (\u1f55\u03b2\u03c1\u03b9\u03c3\u03b5\u03bd). sex as a pedagogical failure 1131 get drunk163 and goes about his day while other members of the party, exhausted and hungover, sleep.164 Socrates, godlike, is beyond human affect, beyond love. In its primary meaning, the Greek hybris \u201cindicates some sort of insolent vio- lence\u201d and could \u201crefer speci\ufb01cally to sexual assault against a woman or young boy.\u201d165 This seems a good distance from hybris as acting superior and godlike, until we remember that the Greek gods were unbound by human norms of sex- ual decency. Thus, Alcibiades\u2019s accusation against Socrates carries with it the im- plication of sexual inappropriateness. So does Alcibiades\u2019s accusation that Soc- rates is not really a lover but a beloved: an Athenian man who continued, after his adolescence, to inhabit the passive sexual role of the \u201cbeloved\u201d (er\u00f4menos) could be stripped of citizenship\u2014a fate that, in a sense, Socrates met. Taken lit- erally, this is a draconian punishment for a nonwrong. But taken \ufb01guratively\u2014 where the failure to be a lover is a failure to be a teacher\u2014the stripping of citi- zenship might seem a more appropriate retribution. Socrates\u2019s disinterest in teaching the young men who long for him imperils not just their souls but the fate of Athens itself.166 To be a teacher, Alcibiades tells us, is to know how to love properly. Socrates, he suggests, does not know how to love anyone except himself. This\u2014and not noble restraint\u2014is what stops Socrates from giving into his students\u2019 seductions true teacher, who really loved his students, would turn his students\u2019 love away from himself, teaching them how to love in turn. iv. sex as a patriarchal failure In a discussion in Critical Inquiry on the publication of Feminist Accused of Sexual Harassment, James Kincaid, an English professor at the University of Southern California, defended Gallop from charges of sexual harassment\u2014 charges that he saw as lacking in a sense of \u201cfun.\u201d167 Kincaid opened his case by transcribing a letter he received from a student the previous semester: 163. Id. at 214a, 200a. 164. Id. at 223d. 165. Gagarin, supra note 144, at 25. 166. The dramatic date of the Symposium is 416 BCE. Reeve, supra note 134, at xxii n.3. This is a year before Alcibiades was appointed joint leader of the disastrous Sicilian expedition, for which he advocated. When recalled to Athens to answer charges that he mutilated religious statues and drunkenly profaned the Eleusinian Mysteries, Alcibiades betrayed the Athenians and joined the Spartans 6.15-6.61, 6.88-6.92 (Robert B. Strassler ed. 1998). Charmides, whom Alcibiades identi\ufb01es as another of Socrates\u2019s victims, Plato, supra note 140, at 222b, was a supporter of the Thirty Tyrants. Reeve, supra note 134, at 85 n.26. 167. Kincaid, supra note 86, at 613. the yale law journal 129:1100 2020 1132 Dear Professor Kinkade [sic never do this kind of thing, but my roommate keeps telling me should, she says, go ahead and tell him if you feel like it, so am really like your class and the way you have of explaining things mean read these po- ems and they don\u2019t mean a thing to me until you start talking and then they do. It\u2019s the way you talk that is different from the other teachers have had in the English Department, who may know more than you but can\u2019t get it across if you know what mean. But when you were saying that the Romantic poets wrote about feelings, unlike the 17th-century poets like Pope, who didn\u2019t knew right away what you meant have a lot of feelings myself, though am not exactly a poet ha ha. But anyhow just wanted to say thanks and hope you keep it up because really like it.168 Kincaid reads this note as an act of \ufb02irtation, an initiation, a come-on: That note, unsigned and heartfelt, expresses true desire . . . . My admirer hopes that will keep it up because he or she likes it, and he or she writes me this note hoping that will like it will like it and he or she will like it and we will, together, keep it up because it is fun for both of us to like and be liked and to keep being liked without end. Nobody reaches the \ufb01nish line; nobody is empowered, and nobody is victimized, either. If my perceptive student and go beyond writing notes and make all this ma- terial, it will not be because have something to give and he or she to take, or vice versa, but because we like it and want to keep it up phys- ical relationship will not be progress, just difference.169 Kincaid, whose profession it is to interpret and teach others to interpret, is here engaged in what would be a satire of a certain kind of \u201cperverse\u201d psychoan- alytic interpretation, if the occasion for it were not the \u201cheartfelt\u201d letter of a young woman. Kincaid keeps the student\u2019s gender deliberately ambiguous\u2014\u201che or she\u201d\u2014but we know that this is a young woman, if not from the letter\u2019s tone, then from the gender of the letter-writer\u2019s roommate. What investment does Kincaid have in acting as if this letter and his response have nothing to do with gender offer an answer shortly. As it is, Kincaid\u2019s reading of the letter\u2014and Kincaid no doubt would say am being decidedly unfun here\u2014is a kind of abuse, a porni\ufb01cation of a sweet and earnest declaration of a feeling. The student, for the \ufb01rst time, gets the meaning of poetry, and she is awestruck and admiring of this professor who has, 168. Id. at 610-11. 169. Id. at 611. sex as a pedagogical failure 1133 alone among all her professors, been able to show her what poetry means. Kin- caid ignores all this, and seizes on the last line hope you keep it up because really like it\u201d\u2014turning it into a crude sexual pun. He is hard for his student, and she is enjoying it, and wants it to continue, ad in\ufb01nitum, just because it is fun. But that is not what the student said. She wants him to \u201ckeep it up\u201d\u2014that is, keep on teaching\u2014not only because it is enjoyable, but because it helps her un- derstand what poetry means mean read these poems and they don\u2019t mean a thing to me until you start talking and then they do.\u201d It is the professor\u2019s capacity to understand and to disclose that she wants from him, not just the pleasure of watching him exercise that capacity. It is Kincaid\u2019s insistence on the masturba- tory nature of his student\u2019s desire that allows him to say of the imagined future where he and his student \u201cgo beyond writing notes and make all this material,\u201d that \u201cnobody is empowered, and nobody is victimized, either.\u201d Is there no difference in power between Kincaid, author of Child-Loving: The Erotic Child and Victorian Culture, and his student want to leave aside the (un- fun) questions of institutional power: who grades whom, who writes recom- mendations for whom, and so on. There are other power differences here. First, as have suggested, there are differences in epistemic power. Kincaid knows how to read in a way that renders the opaque meaningful; the student lacks, but de- sires, this power. This is a premise of the teacher-student relationship: that we will begin our relationship with an asymmetry of epistemic power and end it with that power something closer to equalized. Part of what is particularly dis- turbing about Kincaid\u2019s reading of the letter is that the student is not particularly intellectually sophisticated; Kincaid\u2019s praise of her as \u201cperceptive\u201d feels manipu- lative and cruel, giving her a simulacrum of what she actually wants\u2014the teacher\u2019s own cognitive mastery. Indeed, Kincaid only reproduces the letter, pre- sumably without the author\u2019s permission, because he is con\ufb01dent that she is not the type to read Critical Inquiry. But what if she did read it? How should she feel, seeing her youthful earnestness exhibited as a sexual trophy? Second, there is Kincaid\u2019s power to interpret, not only poetry but the student herself. This is a sort of metaphysical power\u2014that is, a power not only to un- cover truth, but to make truth. He tells us that her letter is latently sexual, that its natural ful\ufb01lment would be sex\u2014that sex would merely \u201cmake all this mate- rial.\u201d What would happen if Kincaid (as we might easily imagine he did) offered this reading to the student herself, who trusts him to tell her the truth about texts? Could Kincaid not simply make it true that her letter was, in a sense, sexual all along? Kincaid would, no doubt, protest that her letter is, objectively if latently, sex- ual. It is not as if there are no expressions of desire to be found in it. It opens like a confession of love never do this kind of thing . . . .\u201d The student declares that she has \u201ca lot of feelings,\u201d and then immediately makes fun of herself for the yale law journal 129:1100 2020 1134 doing so (\u201cha ha\u201d). She picks Kincaid out as special and \u201cdifferent from the other teachers.\u201d Kincaid may not be wrong to imply that he could sleep with this stu- dent if he wanted to\u2014without quid pro quo offers, threats, or violence. Presum- ably, all he would have to do is read her some Wordsworth, call her \u201cperceptive,\u201d and lead her to bed. But what does this really tell us? Are we to believe that Kin- caid is not engaged in an act of deliberate sexualization, that he is merely passive and obedient in the face of his student\u2019s will? Here are \ufb01ve possible readings of the student\u2019s psychological state: (1) the student admires and wants to be like her professor, but does not (yet) want to sleep with him; (2) the student\u2019s desire is intense but inchoate: she does not know, or there is no fact of the matter about, whether she wants to be like the professor or to have him; (3) the student wants both to be like the teacher and to have him and sees having him as a means to\u2014or a sign of\u2014being like him; (4) the student thinks it is impossible to be like the professor and therefore longs, as a second-best, to have him; (5) the student wants merely to sleep with the professor, and the talk of poetry and understanding is just a form of \ufb02irta- tious \ufb02attery \ufb01nd (5) a wildly implausible reading, and strongly suspect that something like (1), (2), (3), or (4) is right. But whichever reading is correct, it is surely possible for Kincaid to get his student to consensually sleep with him. When a student\u2019s desire is inchoate\u2014do want to be like him, or to have him?\u2014it is easy for the teacher to settle it in the latter direction. And it is similarly easy when the student (wrongly) thinks that sleeping with the teacher is a means to becoming, or a sign of already being, like the teacher (\u201che wants me so must be brilliant\u201d) or when the student (wrongly) thinks that sleeping with the teacher is the best she can have. Even when a student\u2019s desire is a more \ufb01xed desire to be like the teacher, it is easy for the teacher to convince the student that her desire is really for him or that sleeping with the teacher is a way to become like the teacher. (What better way to understand the \u201cfeelings\u201d of the Romantic poets than experiencing those feelings yourself?) Whether (1), (2), (3), (4), or (5) is correct, Kincaid can\u2014and, importantly, ought to, as a teacher\u2014direct his student\u2019s desire away from himself and toward its proper pedagogic object: in this case, poetry. If, as per (1), this is what the student\u2019s desire is already directed at, then all Kincaid has to do is exercise some restraint and not sexualize an earnest expression of the desire to learn. If, as per (2), the student\u2019s desire is ambivalent, or as per (3) and (4), confused, Kincaid must do more than merely exercise restraint. He must draw boundaries, posi- tively redirect the student\u2019s desires in the proper direction, and show her just what is required for her to become like him. If, as per (5), the student really and solely wants to bed him\u2014a case think rare in the pedagogic context\u2014Kincaid needs to see whether he can make something useful of that desire, whether he can convince the student that it is not him she really wants, but what he has. sex as a pedagogical failure 1135 Failing to try to do this, Kincaid fails at what his student is praising him for: being a good teacher. In all \ufb01ve cases, Kincaid must resist the temptation to allow himself to be, or make himself, the narcissistic receptacle of his student\u2019s desires am not saying that teaching can or should be entirely free of narcissistic satisfactions. But there is a subtle and important difference between enjoying the desires one ignites in one\u2019s students before, or at the same time as, turning them away from oneself\u2014 and making oneself their wholly consuming object. This latter sort of narcissism is the enemy of good teaching. It does not instantiate itself only in the sexualiza- tion of the pedagogical relationship, although that is a particularly clear instance. Part of what is striking, for example, about the case of Avital Ronell, the professor of German and Comparative Literature who was recently found by her university to have sexually harassed her graduate student,170 is how little of the abuse she allegedly perpetrated was sexual: the demand that her student spend countless hours seeing Ronell or talking on the phone with her, that he \u201cschedule his life around her wants and needs,\u201d that he \u201cdistance himself from friends and family,\u201d that he not travel out of New York.171 Had Ronell not also touched her graduate student and sent him sexually explicit messages, she would presumably not have been found by the university to have violated Title IX. But she would have obviously still failed in her duties as a teacher, insofar as she used her stu- dent\u2019s emotional and professional dependency to gratify her own narcissistic ends. Of what regulation or law is this a violation? Above queried Kincaid\u2019s investment in discussing his student as if she could be a man or a woman, \u201che or she.\u201d What is it that Kincaid tacitly recognizes and wants to hide from view? Most obviously, that the pattern he is in fact de- scribing\u2014older, male professor; younger, female student\u2014is, overwhelmingly, the most common form of professor-student sexual relationship. Kincaid does not want us to see him as a clich\u00e9. He also presumably does not want us to see\u2014 or perhaps himself does not know?\u2014the underlying gender dynamics that pro- duce this clich\u00e9. By this do not only mean that boys and men are socialized to \ufb01nd being in positions of dominance sexy, and girls and women are socialized to \ufb01nd being in positions of subordination sexy also do not only mean the way that some male professors blend male sexual entitlement with intellectual nar- cissism, seeing women students as the sexual rewards unfairly kept from them in their adolescence, when brawn or cool was rewarded over brains mean, most 170. See supra note 15. 171. Complaint at 4, Reitman v. Ronell, No. 157658/2018 (N.Y. Sup. Ct. Aug. 16, 2018), https:// blog.simplejustice.us/wp-content/uploads/2018/08/FINAL-Complaint-Reitman-v.-Ronell -and-NYU.pdf [ the yale law journal 129:1100 2020 1136 importantly, the way that women are socialized to interpret their feelings about men they admire. Adrienne Rich famously described the institution of \u201ccompulsory heterosex- uality\u201d as a political structure that compels all women, regardless of their sexual orientation, to regulate their relations to women in a way that is congenial to patriarchy.172 One mechanism of that institution is the tacit instruction in how women should feel, or interpret their feelings, about those women they admire. The appropriate affective response in such a case is envy\u2014never desire. (You must want to be like that woman; it could never be that you simply want her.) But another mechanism of compulsory heterosexuality is the instruction women receive in how to feel, or interpret their feelings, about the men they \ufb01nd com- pelling. Here, women are taught that it is not envy they feel, but desire: you must want him, it cannot be that you want to be like him. Regina Barreca, speaking of and to women who ended up as professors, asks: \u201cAt what point . . . did the moment come for each of us when we realized that we wanted to be the teacher, and not sleep with the teacher?\u201d173 Barreca\u2019s ques- tion suggests that the default interpretation for most women is that the desire sparked by the male teacher is a desire for the teacher, an interpretation that must be overcome if the woman is ever going to become the teacher. If Barreca is right, then the importance for women, straight and gay alike, in having women pro- fessors goes well beyond the value of role models. The question is not whether women have authorities with whom they can identify, but what social processes structure the possibilities and limits of such identi\ufb01cation, for women and for men. Male students, meanwhile, encounter their male professors as they are so- cialized to do: wanting to be like them.174 As Robin West writes: Smart male students view themselves as all sorts of things, including young intellectuals good male student will often attach himself to a brilliant professor, and will aspire to be like him smart female student . . . might attach herself in this way to a brilliant professor and aspire to be like him. But it\u2019s not very likely. Unlike the male student, she is far more likely to be attracted to the brilliant professor, and aspire not to be like him, but to give herself to him.175 172. See Rich, supra note 90. 173. Regina Barreca, Contraband Appetites: Wit, Rage, and Romance in the Classroom, in 1, 2 (Regina Barreca & Deborah Denenholz Morse eds., 1997). 174. And, at the limit, desiring to destroy and replace them: its own source of psychic drama. 175. Robin L. West, The Difference in Women\u2019s Hedonic Lives Phenomenological Critique of Femi- nist Legal Theory, 15 L.J. 149, 178 (2000). sex as a pedagogical failure 1137 The central point is that this difference in likelihoods is not a playing out of some natural, primordial pedagogical drama, but the product of gendered socializa- tion.176 There might well be something inherently erotic about the pedagogical enterprise. But the particular form those erotic energies typically take\u2014male professors sleeping with their female students\u2014has much to do with how men and women are taught to relate to power, in its various forms.177 am not saying, as the Avital Ronell case makes clear, that it is any less a pedagogical failure for a female professor to sleep with her male student, or her female student, or for a male professor to sleep with his male student.178 Indeed think these all constitute failures of the pedagogical duty to harness a student\u2019s desire for epistemic ends. But am saying that an appreciation of the ethics of consensual teacher-student sex misses something crucial if it does not notice that it is overwhelmingly male professors who sleep with their overwhelmingly fe- male students. The professor\u2019s failure in such cases\u2014that is, most actual cases of consensual professor-student sex\u2014is not simply his failure to redirect the stu- dent\u2019s erotic energies toward its apt object. It is a failure that involves taking advantage of the fact that women are socialized in a particular way under patri- archy\u2014that is, socialized in a way that conduces to patriarchy\u2014for the satisfac- tion of his narcissistic grati\ufb01cation. In turn, this gendered practice reproduces the very dynamics on which it feeds, by making sure that the bene\ufb01ts of educa- tion will not accrue equally to men and women. In such cases, sleeping with one\u2019s student is not simply a pedagogical failure, but also a patriarchal one. Be- hind teacher-student sex lies, as it so often does, gender. 176. Freud\u2019s account of transference-love focuses entirely, without justi\ufb01cation or explanation, on the relationship between a female patient and male analyst. This is in spite of the fact that Freud thinks that transference is a near-inevitable outcome of therapeutic process. See gener- ally Freud, supra note 106. 177. Indeed, even those who have criticized the invocation of Freudian transference, see Sanger, supra note 79, at 1875, and Platonic ascent, see Deresiewicz, supra note 143, in defense of teacher-student sex do not note the way in which these appeals always cover up the gendered dynamics of these psychodramas. Likewise, Corey Robin\u2019s materialist critique of the dis- course of erotic pedagogy\u2014according to which \u201cthe real shadow talk of the erotic professor is not sex but class\u201d\u2014ignores the role of gender. Robin, supra note 104. 178. See supra note 15. On the particular challenges of managing transference between gay teachers and their students, see Mich\u00e8le Aina Barale, The Romance of Class and Queers: Academic Erotic Zones, in 16 (Linda Garber ed., 1994). See also bell hooks, Eros, Eroticism and the Pedagogical Process, 7 STUD. 58 (1993) (on the role of eros in teaching). the yale law journal 129:1100 2020 1138 v. consensual sex as sex discrimination would like to return to where began: the relationship between university regulation, feminism, and the law. Critics of university consensual-relationship regulations often take particular offense at their typical inclusion within sexual- harassment policies. How could a consensual relationship amount to sexual har- assment given that the gravamen of sexual harassment is that it is unwanted? Sherry Young claims that \u201c[c]onsensual relationships, by de\ufb01nition, fall outside Title IX\u2019s prohibition of sexual conduct that is \u2018unwelcome\u2019\u201d and asks why then the university could have any legal interest in regulating them.179 Young\u2019s ques- tion does not pay due heed to the distinction, drawn by the Supreme Court in Meritor, between wanted and consensual sexual relations. Meritor rightly cautions that sometimes a woman acquiesces to a man\u2019s sexual advances because she feels she has little other choice, given the power that the man has over her.180 In cases of serious power imbalance\u2014between supervisor and employee, professor and student\u2014consent might be subtly coerced, even without the more powerful party\u2019s knowing. But once the distinction between wanted and consensual sexual relations is drawn, the question\u2014how could a wanted consensual relationship amount to sexual harassment?\u2014is a good one. On the one hand, it simply seems impossible: a sexual relationship that is fully and consistently wanted by a competent adult throughout its duration could not amount to, or involve, unwanted sexual advance. On the other hand, imagine the undergraduate who, infatuated with her professor, pursues him and, thrilled to \ufb01nd her attentions returned, has sex with him, dates him, only to eventually realize that she was just one in a string of students and that their affair was less a sign of her intellectual specialness than of his vanity. Feeling betrayed, she can no longer take his classes, or spend time in his department (her depart- ment). She worries (rightly) about which of his colleagues (her teachers) know about the relationship, and how they might hold it against her; she suspects (rightly) that her academic successes will be chalked up to him, although what- ever successes she has will be in spite of him. Now recall that this is an experience 179. Young, supra note 64, at 279; see also Elliot, supra note 85, at 53 (\u201cClearly something is remiss when someone is punished for violating a ban on \u2018consensual amorous relations\u2019 absent a sexual relationship or suspended for having a consensual relationship absent a complaint of wrongdoing.\u201d); Jane Gallop, Resisting Reasonableness, 25 599, 600 (1999) (arguing that the continued policy of treating consensual relations as sexual harassment is misguided). 180. 477 U.S. 57, 68 (1986) (\u201cThe gravamen of any sexual harassment claim is that the alleged sexual advances were \u2018unwelcome.\u2019 . . . The correct inquiry is whether respondent by her con- duct indicated that the alleged sexual advances were unwelcome, not whether her actual par- ticipation in sexual intercourse was voluntary.\u201d). sex as a pedagogical failure 1139 that happens to many women and almost no men. Recall further that this is not because of some natural division of sexual labor but because of the psychosexual order into which men and women are inducted and from which men dispropor- tionately bene\ufb01t and by which women are disproportionately harmed. Now re- call Title IX: \u201cNo person in the United States shall, on the basis of sex, be ex- cluded from participation in, be denied the bene\ufb01ts of, or be subjected to discrimination under any education program or activity receiving Federal \ufb01nan- cial assistance.\u201d181 think it is clear that our \ufb01ctional young woman was not sex- ually harassed by her professor. But was she not denied the bene\ufb01ts of education \u201con the basis of sex\u201d? While genuinely consensual (or \u201cwanted\u201d) professor-student relationships do not constitute sexual harassment, they might want to suggest, still count as sex discrimination under Title IX. Such relationships often, predictably, and se- riously harm women\u2019s educations.182 What is more, they do so on the basis of sex. This is obviously true on the conventional differential-treatment interpretation of sex discrimination. At least in the case of the woman student who has sex with a straight male professor\u2014or a male student with a straight female professor, or a male student with a gay male professor, or a female student with a lesbian pro- fessor\u2014the student\u2019s sex is a major contributing factor in the professor\u2019s interest in sexually engaging with her, and such sexual engagement marks a difference between how she and her male counterparts are treated. More interestingly, consensual professor-student sex is plausibly sex dis- criminatory on MacKinnon\u2019s inequality approach, on which the gravamen of sex discrimination is its expression and reinforcement of the social inequality of women and men. Perhaps there are some male professors who are entirely una- roused by the fact that the women with whom they are sleeping are students. Perhaps. Even so, are we really to believe that the more common pattern is not one in which the professor-student dynamic\u2014superior and subordinate, power- ful and ing\u00e9nue\u2014erotically underscores the standard heterosexual dynamic 181. 20 U.S.C. \u00a7 1681(a) (2018). 182. For a discussion of such harms, see Forell, supra note 79; Mack, supra note 2, at 92-100; and Sanger, supra note 79. Sanger comes close to something like my suggestion here: [A]lthough consensual relationship may not be harassment, they may still consti- tute a category of behavior about which academic institutions are properly con- cerned . . . . [T]here is also the general matter of women and the atmosphere of education. It would be nice to think that girls could just attend school . . . . [T]here is something heartening in an institution where students would not have to con- sider themselves sexually available to everyone\u2014especially those whose duty is to teach, even if they teach in classrooms where the pedagogical voltage is high. Sanger, supra note 79, at 1878-79. the yale law journal 129:1100 2020 1140 know of a woman who, as an undergraduate, began a relationship with her pro- fessor that lasted many years beyond college\u2014all set to be one of those \u201chappy marriages\u201d that are commonly raised to refute arguments like mine. When she \ufb01nally broke up with him, she explained that \u201cthere\u2019s just something about an adult man who wants to date his freshman.\u201d The \u201csomething take it, is an erotic investment in gendered domination. Leaving aside questions of what such relationships express, it is easy enough to say what they produce. They often, if not universally, harm women in ways that systematically derail their educations. This is obviously true in the case of women who stop going to class, who become convinced they are not cut out for academic life, who drop out of college or grad school. But it is also true in the case of women who stay in college or grad school, but with a diminished sense of their intellectual capacities, a reasonable suspicion of the male professors who show an interest in their work, and anxieties (again, all too reasonable) that, should they succeed, their successes will be attributed to someone or something else friend of mine, an exceptionally brilliant woman academic, once ex- plained to a male colleague that, had any of her male mentors, in college or in grad school, ever so much as put a hand on her knee, it would have \u201cdestroyed\u201d her. The colleague was taken aback. He recognized that such an action would have been creepy, wrong, an instance of sexual harassment\u2014but how could it destroy someone? My friend\u2019s colleague did not know, she explained to him, what it is like to have one\u2019s sense of intellectual worth rest precariously on the approbation of men. On a feminist understanding of workplace sexual harassment, its harmful effects are not merely contingent\u2014not merely a matter of women having certain consistent psychological responses to certain patterns of male behavior. Instead, as Lin Farley argued early on, it is the function of sexual harassment to harm women in these ways: to police and enforce their subordinate roles both as women and as workers.183 Similarly, Vicki Schultz has argued that many preva- lent forms of workplace sexual harassment are \u201cdesigned to maintain work\u2014 particularly the more highly rewarded lines of work\u2014as bastions of masculine competence and authority.\u201d184 Is it such a stretch to think that the function of the widespread practice of male professors making sexual advances on their fe- male students is to impress on women their proper place in the university? That, insofar as women are allowed into the university, it is to play the role not of stu- dent or would-be professor, but of sexual conquest, fawning girlfriend, emo- tional caretaker, wife, and/or secretary? And, even if no individual men intend 183. FARLEY, supra note 71, at 15; see also Vicki Schultz, Reconceptualizing Sexual Harassment, 107 L.J. 1683 (1998) (encouraging a broader conceptualization of sexual harassment). 184. Schultz, supra note 183, at 1687. sex as a pedagogical failure 1141 these consequences, what should we say if women, as a class\u2014and especially women who are not white and rich\u2014experience these consequences? Should we say that this just con\ufb01rms that this is their natural place in the university? One might worry that am moralizing. There is admittedly something sala- cious about professor-student sex; if not quite worthy of the tabloids, it is wor- thy of countless books, movies, and anonymous blog posts.185 But that profes- sor-student sex is salacious, or titillating, or transgressive, is hardly reason to regulate it. The reason for the law to regulate it, if there is one, is that it is often discriminatory: that it does and can have the function of excluding women from equal access to education. Insofar as this is true, the fact that some see such rela- tionships as scandalous, and the fact that others see them as perfectly normal, are equally irrelevant. What matters is the role such relationships play in the lives of the particular women who participate in them, and in the life and fortunes of women as a class. Here want to freely concede that my claim\u2014that consensual professor-stu- dent relationships can, and often do, constitute sex discrimination under Title IX\u2014rests on a certain descriptive picture of the relationship between pedagogy, sex, and gender. On the view have been suggesting, such relationships are dis- criminatory in that they harm women as students, and do so on the basis of sex in two senses: (a) they are usually animated by a discriminatory heterosexual desire for women alone; and (b) they express and reinforce women\u2019s unequal status in the university and beyond. Crucial here is the empirical claim that such relationships harm women in their capacity as students, both individually and as a class have offered an account of the relationship between pedagogy and sex\u2014on which the two are, in effect, antithetical\u2014that is poised to explain just why it might be that professor-student sex harms individual students: by failing to properly direct a student\u2019s energies, the professor disrupts the student\u2019s epis- temic pursuits, betraying the goal of the practice in which student and professor are alike engaged. While this is a form of harm to which both female and male students are susceptible, in the case of female students, this failure is also both expressive and productive of women\u2019s unequal standing in the university.186 And insofar as faculty-student relationships are, indeed, productive of women\u2019s ine- quality in the university and beyond, women as a class are harmed by such rela- tionships. 185. For a survey of recent cultural representations of professor-student relationships, see Dere- siewicz, supra note 143. 186. It might well be that certain groups of men\u2014for example, black men\u2014who are socially coded as \u201cnonacademic\u201d are also liable to this second sort of status harm. the yale law journal 129:1100 2020 1142 In resting on partly empirical claims about the magnitude and forms of harm resulting from consensual faculty-student relationships, my argument is like that of the feminists who \ufb01rst argued that sexual harassment constitutes sex dis- crimination under Title VII. Their work was based on the collective testimony by women of their experiences in the workplace. By comparison, there has been little work done on how consensual relationships with faculty affect women in the university, though what say here draws on the work that has been done.187 The inquiry is not merely statistical: not just a question of which women stay and which women go and how they objectively perform. What also, and really, matters is the extent to which women see themselves as students in their own right, on equal terms with men, and are thought of and treated on such equal terms by men and other women\u2014and the role that faculty-student sex has in this economy of asymmetrical esteem. It is right that my argument is in this sense hostage to reality, and \ufb01nd in this little to fear. What do fear is what it might mean, in practice, for the law or universities to recognize consensual faculty-student relationships as a potential violation of Title IX. The deep truth is this: patriarchy, as a system, means that women are \u201csubjected to discrimination\u201d \u201con the basis of sex\u201d wherever they go, including the university, just as racism ensures that people of color are discriminated against \u201con the basis of race\u201d wherever they go. How could it not be? Women do not enter the classroom on equal terms with men.188 They are assumed to be less intellectually capable, encouraged to be less risk-taking and ambitious, given less mentoring, socialized to be less con\ufb01dent and to take themselves less seriously, told that their minds are sexual liabilities and their self-worth is a matter of male sexual attention, and groomed to be caretakers and mothers and doting wives rather than scholars or intellectuals. These truths are further underscored and in\ufb02ected when women are nonwhite or poor or low-caste, and thus seen as mul- tiply un\ufb01t for the university. The question, then, is which forms of inequality we will use the law to try to eradicate, and which forms we will have to leave (we hope) to the forces of social change. One factor, but just one, is seriousness: which forms of discrimination most signi\ufb01cantly harm students\u2019 access to education. Another factor, one that often cuts against considerations of the \ufb01rst, is tractability: which behaviors are sufficiently uncommon that regulating them has an air of plausibility to the cul- tural mainstream third factor is consequences: what regulation will achieve not in the ideal case, but in the actual case. 187. See supra note 182. 188. On this theme, and the myth of \u201ccoeducation,\u201d see RICH, supra note 79. sex as a pedagogical failure 1143 It is this \ufb01nal factor that gives me, and should give us all, most serious pause. Would the further expansion of Title regulations make campuses safer for women, for queers, for immigrants, for those precariously employed, for people of color?189 At Colgate University, only 4.2% of the student body was black dur- ing the 2013-14 academic year, and yet a full 50% of sexual violation accusations that year were against black male students, with black male students making up 40% of those who went through the university\u2019s formal disciplinary process.190 In 1984, the year after the \ufb01rst consensual relationship policies appeared on U.S. campuses, a court for the \ufb01rst time was asked to decide whether a university was justi\ufb01ed in sanctioning one of its teachers for a sexual affair with a student.191 The case, Naragon v. Wharton, involved a graduate student at Louisiana State University (LSU), Kristine Naragon, who was having a romantic relationship with a female freshman student whom she did not teach. (At the time did not officially prohibit such relationships.) The administrators sanctioned Naragon after persistent complaints from the student\u2019s parents (but not the stu- dent) about the lesbian relationship; the same administrators did not sanction a male professor who was in an ongoing affair with a female student over whom he had grading responsibility.192 The court upheld the university\u2019s sanctioning of Naragon. When considering the argument for expanding the remit of Title IX, we can and must ask: would it lead to (further) failures of due process,193 unfair in 189. On the failures of Title in this respect, see Jacob Gersen & Jeannie Suk Gersen, The Sex Bureaucracy EDUC. (Jan. 6, 2019), -College-Sex-Bureaucracy/238805 [ Halley, Trading the Meg- aphone, supra note 82; and Emily Yoffe, The Question of Race in Campus Sexual-Assault Cases (Sept. 11, 2017), -question-of-race-in-campus-sexual-assault-cases/539361 [ -ZTYC]. 190. Yoffe, supra note 189. 191. Naragon v. Wharton, 737 F.2d 1403 (5th Cir. 1984). 192. Id. at 1407 (Goldberg, J., dissenting). 193. See Halley, Trading the Megaphone, supra note 82, at 117; Yoffe, supra note 189; see also Elizabeth Bartholet et al 10 (Aug. 21, 2017), https:// dash.harvard.edu/bitstream/handle/1/33789434/Fairness%20for%20All%20Students.pdf [ (noting that the processes Harvard adopted \u201clack the most basic elements of fairness and due process, are overwhelmingly stacked against the accused, and are in no way required by Title law or regulation\u201d); Nancy Gertner, Sex, Lies and Justice (Jan. 12, 2015), [ (addressing how campus regulations are often in con\ufb02ict with due process); Emily Yoffe, The Uncomfortable Truth About Campus Rape Policy (Sept. 6, 2017), -uncomfortable-truth-about-campus-rape-policy/538974 [ the yale law journal 129:1100 2020 1144 themselves but also doubly unfair in that they often disproportionately target those who are already marginalized? Would such an expansion inadvertently strengthen the hand of cultural conservatives, who are all too keen to control women under the guise of protecting them? Would it supply grounds for the suppression of academic freedom? Would it be seen, however falsely, as the ul- timate reductio of Title IX, a clear sign if one was ever needed that the feminists had lost their minds? While think there is, at the level of principle, a serious Title IX-based case to be made for prohibitions on consensual faculty-student sex, questions such as these make me worry about putting such prohibitions into practice. The Title regime is necessary but imperfect, and its imperfections must be addressed.194 With Department of Education Secretary Betsy DeVos\u2019s new and controversial proposed rules195 and a wave of litigation challenging some of the Obama Ad- ministration regulations on due-process grounds,196 the Title regime is facing a slew of changes, though it is debatable whether they will lead to actual im- provement. Even with potential reforms, it is also worth remembering that reg- ulation is one way, and not always the best way, to create institutional change. This is perhaps true, above all, when it comes to the institution of sex. conclusion In Eros, Eroticism and the Pedagogical Process, bell hooks writes of her experi- ence as a new professor: \u201cNo one talked about the body in relation to teaching. (\u201cOn too many campuses, a new attitude about due process\u2014and the right to be presumed innocent until proved guilty\u2014has taken hold.\u201d). 194 am sympathetic, for example, to Halley\u2019s suggestion that the university bodies that adjudi- cate Title cases should (unlike current Title offices) have a mandate to protect students from all forms of unjust discrimination, including race-based discrimination. See Halley, Trading the Megaphone, supra note 82, at 107-08 am also interested in making available to students the choice of reparative justice processes in at least some cases of sexual harassment, discrimination, and assault. 195. Andrew Kreighbaum, College Groups Blast DeVos Title Proposal ED. (Jan. 31, 2019), -changes-devos-title-ix-rule [ Laura Meckler, Betsy DeVos Poised to Issue Sweeping Rules Governing Campus Sexual Assault (Nov. 25, 2019), -rules-governing-campus-sexual-assault/2019/11/25/f9c21656-0f90-11ea-b0fc-62cc38411ebb _story.html [ 196. Greta Anderson, More Title Lawsuits by Accusers and Accused ED. (Oct. 3, 2019), -challenge-title-ix-proceedings [ sex as a pedagogical failure 1145 What did one do with the body in the classroom?\u201d197 What one is supposed to do or not do with one\u2019s body, and with one\u2019s students\u2019 bodies, is something uni- versity teachers do not, as a profession, discuss. Or, when we do have such dis- cussions, they are almost always externally imposed by anxious administrators, in the form of mandatory sexual-harassment training. Even then, such training has little to do with what is special or particular about the pedagogical relation- ship. Lessons from the workplace are transferred to the classroom, with no men- tion of why the act of teaching itself might carry with it peculiar risks and pecu- liar responsibilities. Sometimes, such conversations happen informally friend of mine, a young male law professor, recently described to me the awkwardness of sharing a gym with many of his undergraduates. They are free to look at his body, he said, while he \u201cof course, pretends they don\u2019t have bodies at all admired his \u201cof course\u201d\u2014 he meant that it is self-evident to him that he cannot be a good teacher while also treating his students as even remotely potential sexual partners.198 Except that this is not self-evident to many, sometimes with poignant consequences. An- other friend, when he was a graduate student, was horri\ufb01ed to learn that some of his female students complained that he stared at them when they wore skirts or shorts to class. No one had told this then-graduate student what it might mean for him, as a man, to teach under patriarchy: that if he just let his gaze go where it \u201cnaturally\u201d went, let his conversations and interactions with his stu- dents proceed as they \u201cnaturally\u201d might, he would likely fail to treat his female students on equal terms with his male students. No one told him that, without an intervention into what came \u201cnaturally\u201d to him, he would likely end up treat- ing his women students as something less than fully students: as bodies to be consumed, prizes to be won, reservoirs from which to draw. What is more, no one had told him that, raised as they had been on unequal terms from the start, his women students might well go along with it. As a result, the young women he taught were failed. But so, too, was this graduate student, whose own teachers had failed to teach him how to teach. The contrast between the profession of university teaching and the profes- sion of psychotherapy on this score is striking. Learning to expect and how to negotiate the dynamics of transference is central to the training of therapists, as is learning just why it is that transference must not be responded to in kind. Nothing similar is true of university professors. Indeed, in the U.S. academic context, graduate students and junior professors are given little pedagogical 197. bell hooks, supra note 178, at 58. 198 should say that neither nor my professor-friend think that we should ignore the fact that students have bodies that are differently abled, differently racialized, that have different roles in the reproductive cycle, and so on. His point (and mine) is about treating our students as having bodies that might be sexually available to us. the yale law journal 129:1100 2020 1146 training of any sort. But this difference in training does not suggest, track a more fundamental difference in kind between therapy and teaching. In both cases, there is a relation of asymmetric need and trust; in both cases, intense emotions predictably arise; in both cases, sex undermines the constitutive goal of the practice. Rather than simply assuming that there must be something dis- tinctive about university teaching that makes teacher-student sex, but not ther- apist-patient sex, permissible, we should ask ourselves whether the difference instead lies in the contingencies of history. Freud wrote thoughtfully but une- quivocally about the sexual ethics of psychoanalysis at the start of the twentieth century, laying down a common normative groundwork for nearly all schools of psychotherapy thereafter. Pedagogy has not, in this respect, had its Freud. Plato, who perhaps came closest, is all too easily misread. But it is not too late. Indeed, the trend toward increased campus regulation of sex offers an opportunity for university teachers, as a group, to think about the goals of the pedagogical practice and the norms of conduct appropriate to those goals. One might also think that the trend toward increased regulation gives professors a strong prudential reason to engage in such a project. If pro- fessors do not regulate themselves, they will\u2014as has already been happening\u2014 be regulated from the top down, with all the attendant consequences. External regulation is unlikely to re\ufb02ect, and indeed currently does not re\ufb02ect, the ethical and psychic complexities of pedagogy. Instead, top-down regulation re\ufb02ects ad- ministrators\u2019 desires to cover their backs and the law\u2019s tendency to see the class- room on the model of the workplace. It is striking, in this regard, that when the law does regulate therapist-patient relationships, it almost always does so in the terms accepted by therapists themselves: in the terms, that is, of what therapists as therapists owe to their patients as patients. What might it be want to ask, for professors to lead administrators and the law in thinking not merely in the familiar terms of consent, coercion, and con\ufb02ict of interest\u2014but in terms of what university teachers as teachers owe their students as students? What might it be for us to articulate a sexual ethics of pedagogy?", "7929_106.pdf": "Yale Daily News Historical Archive The Yale Daily News, 1 June 1997 Issue (71.73 MB) Professor found guilty of sexual harassment Text Why may this text contain mistakes? Professor found guilty of sexual harassment October 25, 1996 \u2014 Assistant mathematics professor Jay Jorgenson slept with his 17-year- old student, a Yale sexual harassment board found. But despite the board's recommendation, he is still teaching undergraduates. The Yale College Grievance Board for Student Complaints of Sexual Issue Article 2/17/25, 3:39 The Yale Daily News 1 June 1997 \u2014 Yale Daily News Historical Archive 1/1"} |
8,284 | Greg Bachkora | University of Missouri – Kansas City | [
"8284_101.pdf",
"8284_102.pdf",
"8284_103.pdf",
"8284_104.pdf"
] | {"8284_101.pdf": "University of Missouri-Kansas City women\u2019s softball assistant coach is at the center of a long-running controversy involving alleged sexual harassment and inappropriate behavior. Greg Bachkora is accused of frequently walking into his players\u2019 locker room while they were getting dressed, telling them he needed to use the microwave located there, according to a report by the Kansas City Star. \u201cSome girls would have to cover themselves or duck behind the couch, scrambling to cover themselves,\u201d a player\u2019s father told the paper. Other allegations against Bachkora, who remains on the staff despite taking a leave of absence, include kisses and a joke about female genitalia. He admitted kissing players on the head or cheek in a \u201cfatherly, non-sexual manner\u201d and copped to the inappropriate joke. Complaints against Bachkora from several student-athletes resulted in the coach getting a new microwave in a common area, though they say the behavior hasn\u2019t stopped after he spoke with the school\u2019s Title officer still see the same behavior,\u201d said one player who asked not to be identified don\u2019t think he comes in as often, but he still does it.\u201d He\u2019s been on the staff since September 2016 after spending time with Benedictine College, the University of Wisconsin-Green Bay and the University of Northern Colorado. Several players left in the wake of the Bachkora\u2019s purported ongoing behavior, with one player\u2019s father saying his daughter \u201cdidn\u2019t want to leave but when they said they weren\u2019t going to do anything about him, she had no choice.\u201d One player says she was told by an older player on the team that Bachkora \u201chas seen me naked more than my boyfriend has.\u201d Complicating matters further, the school responded to the Star\u2019s inquiry for comment on Bachkora by supplying a redacted Title report that named six softball players involved in an alcohol-related incident, which also named three of them as complainants against Bachkora. Identifying the student who made the allegations against their coach could be a violation of the Family Educational Rights and Privacy Act. Additional players have come to Bachkora\u2019s defense, though the Star noted that the coaching staff, led by Meredith Smith Neal, asked players not to comment on the story and to only say positive things if contacted , 2/15/19 College softball coach used microwave excuse to see us naked: players By Michael Blinn Published Feb. 15, 2019 Updated Feb. 15, 2019, 3:44 p.m St. John\u2019s delivers statement win over Creighton to hold commanding lead at #1 in the Big East Meet high school runner who could be an Olympian one day Why Quinn Ewers could be the future Giants 'Midseason walkout': Baseball players getting more furious Sports Sports Betting Columnists Olympics Sports Entertainment Gol 2/17/25, 3:41 softball players allege harassment from coach 1/3 Unlock full access to Post sports columnists and newsletters Mike Sullivan's Team adjustments have been a 4 Nations work of art should take notes from NHL's 4 Nations Face-Off spectacle needs to fix its glaring perception problem with players even starting to criticize Already a subscriber? Log in Larry Brooks Joel Sherman Stefan Bondy 2/17/25, 3:41 softball players allege harassment from coach 2/3 \u00a9 2025 Holdings, Inc. All Rights Reserved Terms of Use Membership Terms Privacy Notice Sitemap Your California Privacy Rights Just like Bridget Jones, Ren\u00e9e Zellweger is finding love after heartbreak \u2014 at age 55 Chevy Chase attends 50' special after slamming show \u2014 and nearly coming to blows with Bill Murray 2/17/25, 3:41 softball players allege harassment from coach 3/3", "8284_102.pdf": "accused-of-sexual-harassment-at-umkc/article_38a5cfab-abfd-5c10-a145-aa982685e10f.html Former Benedictine softball coach accused of sexual harassment at By Brandon Zenner News-Press Now 10, 2019 Benedictine College graduate and former softball coach Greg Bachkora has been accused of alleged sexual harassment against a number of his players at UMKC. In a report by The Kansas City Star on Sunday, three players reported being sexually harassed by the current assistant softball coach to university officials in May 2018. Bachkora admitted to the allegations. Bachkora was given a written warning placed in his employment file. Privacy - Terms 2/17/25, 3:41 Former Benedictine softball coach accused of sexual harassment at | College | newspressnow.com 1/2 Brandon Zenner The allegations range from entering the locker room while female players were getting dressed to kissing players and joking about female genitalia in front of them, according to The Star. The report also says Bachkora continues to enter the locker room ahead of his third season at UMKC. The Star reports that UMKC\u2019s Title officer \u201cbelieved the conversation and notation in the Office of Affirmative Action records served as a sufficient warning\u201d and there was \u201cno need to conduct a formal investigation\u201d due to his admittance. The university is also accused of violating for releasing a document stating six players were involved in an alcohol-related incident, three of whom left the program prior to complaining about Bachkora, in what experts say was an attempt at retaliation, according to The Star. None of the players were identified by name. Bachkora coached his alma mater, Benedictine College, from 2008-2013. He earned his bachelor\u2019s degree in Sports Management from Benedictine, where he played on the baseball team. He later coached at Northern Colorado and Green Bay before moving on to UMKC. Bachkora, a native of Lee\u2019s Summit, Missouri, has served on Meredith Smith Neal\u2019s staff since September 2016. Brandon Zenner can be reached at [email protected]. Follow him on Twitter: @NPNowZenner. 2/17/25, 3:41 Former Benedictine softball coach accused of sexual harassment at | College | newspressnow.com 2/2", "8284_103.pdf": "Locker Room Visits Spur Sexual Harassment Allegations Jason Scott Feb 11, 2019 University of Missouri-Kansas City assistant softball coach\u2019s frequent visits to the locker room have raised eyebrows, and led some players to leave the program entirely. Some have accused the coach of sexual harassment, but the details of the case are disputed and any disciplinary action has reportedly failed to put a stop to the coach\u2019s alleged behavior. According to The Kansas City Star, Greg Bachkora, the male coach in question, had a habit of walking into the locker room while players were in various states of undress, sending some ducking behind furniture of scrambling to cover themselves. Bachkora\u2019s go-to reason for these locker room visits was reportedly to use a microwave. Bachkora\u2019s locker room visits were so frequent that an older player told a new teammate that the coach \u201chas seen me naked more than my boyfriend has.\u201d The Star reports that Bachkora\u2019s behavior \u2014 which in addition to barging into the locker room included kissing some players and joking about female genitalia \u2014 led three players to allege sexual harassment. Bachkora would later admit to much of the behavior in an interview with the school\u2019s Title officer Mikah Thompson, though Bachkora claimed his locker room visits came only when players were dressed and he had announced his presence, and the kisses were on the cheek or forehead and non-sexual in nature. Thompson said that she found Bachkora\u2019s explanations to be credible, and Bachkora received no disciplinary action outside of the incident report being placed in his employment file. After speaking to Thompson, Bachkora received a new microwave. 2/17/25, 3:41 Locker Room Visits Spur Sexual Harassment Allegations | Athletic Business 1/10 That didn\u2019t sit well with some players, nor did it go over with parents. One parent, who received notice of Thompson\u2019s decision via email, said that she was \u201cshocked.\u201d For her part, Thompson felt the situation was properly handled. \u201cI\u2019m thinking that it is inappropriate, I\u2019m thinking this is something that shouldn\u2019t be happening,\u201d Thompson told The Star. \u201cThere wasn\u2019t a moment where put a label on it and said, this is definitely sexual harassment within the policy definition.\u201d Thompson is now an associate law professor at UMKC. Though some took issue with the handling of Bachkora\u2019s case, other players defended him. The three players who filed the sexual harassment complaints, however, have each left the program despite having remaining eligibility. Bachkora remains an assistant coach within the softball program. Your Industry Connection Join other industry pros who get pertinent, fast-reading nationwide stories delivered daily to their inbox with Today. Email Address * [email protected] Comments Post a Comment You must be signed in to leave a comment. To sign in or create an 2/17/25, 3:41 Locker Room Visits Spur Sexual Harassment Allegations | Athletic Business 2/10 This article hasn\u2019t received any comments yet. Want to start the conversation? account, enter your email address and we'll send you a one-click sign-in link. 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Topics Facilities Operations Leadership More Advertise Contact Us Subscribe 2/17/25, 3:41 Locker Room Visits Spur Sexual Harassment Allegations | Athletic Business 10/10", "8284_104.pdf": "Report Casts Doubt on Softball Accusers Jason Scott Feb 19, 2019 The situation involving a University of Missouri-Kansas City assistant softball coach and complaints of sexual harassment continues to evolve report in The Kansas City Star cited three now former softball players, who alleged that assistant coach Greg Bachkora had entered the team locker room unannounced, when players were in various states of undress spat between current and former players unfolded, wherein the accusers stood by their stories and current players signed an open letter disputing those stories. Now student newspaper the University News is reporting that a number of current players claim to have had multiple conversations with their former teammates about ways to get members of the coaching staff fired, prior to any complaint about Bachkora coming to light. U-News cited five current players who said that conversations about getting coaches fired happened in the midst of a losing streak. The accusations against Bachkora came from three players who are no longer with the program. According to the U-News, each was disciplined for having taken high school recruits to an off-campus party, along with other team members who remain a part of the program. Not long afterwards, the three now former players had either left the school voluntarily, or been told that their scholarships would not be renewed over \u201cresistance to disciplinary actions.\u201d According to a summary of the disciplinary action, it was then that the three players spoke to then-athletic director Carla Wilson to complain about Bachkora. 2/17/25, 3:41 Report Casts Doubt on Softball Accusers | Athletic Business 1/10 The accusing players say that they did not complain as a way to strike back at the program for disciplining them, but that they felt a sense of freedom after being dismissed and that they had made a \u201cfriend pact\u201d to file their complaints. The complaints were referred to the Title office, which did not recommend disciplinary action against Bachkora after interviewing him. Current players have claimed that the allegations leveled at Bachkora don\u2019t add up, in part because of the layout of the locker room would prevent someone entering the locker room to see into the changing area. Bachkora is currently on a leave of absence while the athletic department conducts a review of the softball program. Related: Players Rally to Support Accused Softball Coach Your Industry Connection Join other industry pros who get pertinent, fast-reading nationwide stories delivered daily to their inbox with Today. Email Address * [email protected] Comments Post a Comment You must be signed in to leave a comment. To sign in or create an 2/17/25, 3:41 Report Casts Doubt on Softball Accusers | Athletic Business 2/10 This article hasn\u2019t received any comments yet. Want to start the conversation? account, enter your email address and we'll send you a one-click sign-in link. Email Address Alabama Walks Back Decision to Discontinue Athletics Programs 12, 2025 > Program Management Maximize the Use of Your Athletic Fields with SportaFence\u00ae 2/17/25, 3:41 Report Casts Doubt on Softball Accusers | Athletic Business 3/10 Alabama Walks Back Decision to Discontinue Athletics Programs Nebraska Says Spring Game Will Be Replaced by Fall Sports Preview, Or Something Columbia, S.C., Parks and Rec Launches Park and Play Van for Accessible Outdoor Recreation Time Out: The Case for Syncing and Seasons Nebraska Says Spring Game Will Be Replaced by Fall Sports Preview, Or Something Columbia, S.C., Parks and Rec Launches Park and Play Van for Accessible Outdoor Recreation 2/17/25, 3:41 Report Casts Doubt on Softball Accusers | Athletic Business 4/10 Maximize the Use of Your Athletic Fields with SportaFence Alabama Walks Back Decision to Discontinue Athletics Programs Powering Sustainability: The SportsArt Campus Challenge From SportsArt Time Out: The Case for Syncing and Seasons Nebraska Says Spring Game Will Be Replaced by Fall Sports Preview, Or Something 2/17/25, 3:41 Report Casts Doubt on Softball Accusers | Athletic Business 5/10 Columbia, S.C., Parks and Rec Launches Park and Play Van for Accessible Outdoor Recreation Wrestling and Delaware State Announce First-Ever D-1 Women's Wrestling Program Dretzka Park\u2019s Winter Disc Golf Course Faces Uncertain Future Due to Climate Change Minneapolis Parks and Rec to Close Five Outdoor Ice Rinks Citing Warmer Winters Police-Sponsored Boxing Gym Reduces Youth Involvement in Local Crime ADs to Vote on Adding Boys' and Girls' Lacrosse to Varsity Sports in Nebraska 2/17/25, 3:41 Report Casts Doubt on Softball Accusers | Athletic Business 6/10 Alcorn State Cancels Women's Soccer Season Amid Allegations of Possible Title Violations Report: Team Sports Participants Increased in 2023 by 8M Over 2022 Numbers Outside Organization Steps in After La Pine, Ore., Cancels All Youth Sports for Safety Concerns Page 1 of 468 Parent Charged With Assault After Attacking Teen Hockey Referees to Launch Title Investigations Into Two Athletic Associations Rescinds Biden's Title Guidance on Payments, Revenue-Sharing Indiana Lawmakers Introduce Bill to Attract the Chicago Bears Across State Lines Study: Guardian Caps Did Not Reduce Concussion Rates in Football Players 2/17/25, 3:41 Report Casts Doubt on Softball Accusers | Athletic Business 7/10 Show 2025 in San Diego Show is a solution-focused event for athletics, fitness, recreation and military professionals. Nov. 5-8, 2025 Buyer's Guide Information on more than 3,000 companies, sorted by category. Listings are updated daily 1 Parent Charged With Assault After Attacking Teen Hockey Referees 2 to Launch Title Investigations Into Two Athletic Associations 3 Rescinds Biden's Title Guidance on Payments, Revenue-Sharing 4 Indiana Lawmakers Introduce Bill to Attract the Chicago Bears Across State Lines Sudan-Gaza Flag Flap: Super Bowl Halftime Performer Banned for Life From Stadiums 2/17/25, 3:41 Report Casts Doubt on Softball Accusers | Athletic Business 8/10 5 Study: Guardian Caps Did Not Reduce Concussion Rates in Football Players 6 Sudan-Gaza Flag Flap: Super Bowl Halftime Performer Banned for Life From Stadiums Sign Up for Today! Join other industry pros who get pertinent, fast-reading nationwide stories delivered daily to their inbox with Today. Email Address * [email protected] Follow Athletic Business 2/17/25, 3:41 Report Casts Doubt on Softball Accusers | Athletic Business 9/10 About Us | Contact Us | Subscribe | Privacy Policy | Site Map \u00a9 2025 Media Inc. All rights reserved. Topics Facilities Operations Leadership More Advertise Contact Us Subscribe 2/17/25, 3:41 Report Casts Doubt on Softball Accusers | Athletic Business 10/10"} |
7,302 | James Maas | Cornell University | [
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] | {"7302_101.pdf": "Skip navigation > Archival content > New York Court of Appeals MAAS, APPELLANT, v UNIVERSITY, RESPONDENT. 94 N.Y.2d 87 (1999). November 23, 1999 3 No. 179 [99 Int. 0157] Decided November 23, 1999 This opinion is uncorrected and subject to revision before publication in the New York Reports. David A. Stoll, for appellant. Nelson E. Roth, for respondent. BELLACOSA, J.: The overriding issue on this appeal is whether plaintiff, Professor James Maas, may assert a plenary breach ofcontract action against defendant Cornell University, his employer. The lawsuit is premised on the University's alleged failure to follow the procedures it had promulgated and used for the resolution of sexual harassment claims brought by four students against their teacher, Maas. We agree with the courts below that the action does not lie, and that Maas is not otherwise entitled to any judicial relief ( see also, Matter of Stoll v Cornell University, ___ NY2d ___ [decided today]). I. Maas is a tenured psychology professor in Cornell University's College of Arts and Sciences. In 1994, four students filed sexual harassment accusations against him. The complaints were processed and reviewed under internal, departmental University protocols, prescribed and approved in 1991 by the College of Arts and Sciences Faculty; the ordinances were 2/17/25, 3:42 James Maas, Appellant, v. Cornell University, Respondent. 1/8 entitled \"Procedures to Handle Accusations of Sexual Harassment against Faculty Members of Cornell University's College of Arts and Sciences.\" Following an investigative finding of merit by the College's Senior Sexual Harassment Counselor, the Professional Ethics Committee held five days of hearings. It then found unanimously that Maas had repeatedly behaved unprofessionally and inappropriately in his relationships with the complainants, and that his behavior constituted sexual harassment. The Committee recommendations included conditions on this professor's conductin relation to students, and consideration for a five\u2013year period of the finding of sexual harassment in determining any pay increases, promotions, honors and assignments. The Dean of the College upheld the Committee's determination. An administrative appeal by Maas to the Provost was rejected; he remains a tenured member of the College Faculty. Maas then sued Cornell, alleging eight causes of action, including unlawful adoption of procedures, breach of contract for failure to observe bylaws and procedures, and negligence. The University moved to dismiss all causes of action and, alternatively, to convert the action into a article 78 review proceeding. Maas opposed the procedural conversion and maintained that he had viable grounds to pursue the breach of contract action. Supreme Court granted Cornell's motion. It dismissed all but the two negligence causes of action. The court stated that none of the allegations in the complaint specifies the terms of the asserted contract between Maas and Cornell which Maas claims were violated. The court also refused to convert the action to a article 78 proceeding. The Appellate Division unanimously affirmed. It concluded that, liberally construing the complaint, the pleading fails to allege a specific agreement that the University purportedly breached. The court was unpersuaded that the procedures contained in the University's Campus Code and the College's regulations evolved into terms ofan implied contract between Maas and the University. The Appellate Division did not address Maas' request for Article 78 2/17/25, 3:42 James Maas, Appellant, v. Cornell University, Respondent. 2/8 conversion at that stage of the litigation. Upon remittal, when the remaining portions of the case were again before Supreme Court, it granted Cornell's successor summary judgment motion with respect to the remaining negligence causes of action. By dismissing these claims, Supreme Court put the entire matter out of court. On a second appeal by Maas, the Appellate Division again unanimously affirmed. With respect to his turnabout argument for procedural conversion of the action into a article 78 proceeding, the court concluded that Maas \"[h]aving obviously made a tactical decision to pursue his eight causes of action in a plenary action and having succeeded on his prior objection to conversion, [he] may not now, owing to changed interests since all claims in this action have been dismissed * * * assume a contrary position\" (253 AD2d 1, 5 [citations omitted]). This Court granted Maas leave to appeal, and we now affirm in all respects. II. The principal substantive thrust by Maas is that the University's regulations and procedures create a contractual relationship with him. He theorizes, therefore, that any alleged violation of these procedures may form the basis for his breach of contract action against the University. He is wrong. In preliminarily assessing this controversy, the facts pleaded in the complaint must be taken as true and are accorded every favorable inference \u2013\u2013 only for purposes of deciding this procedural staging of the controversy ( see, e.g., 219 Broadway Corp. v Alexander's Inc., 46 NY2d 506, 509). However, \"allegations consisting of bare legal conclusions as well as factual claims flatly contradicted by documentary evidence are not entitled to any such consideration,\" nor to that arguendo advantage ( Gertler v Goodgold, 107 AD2d 481, 485 affd for the reasons stated below 66 NY2d 946). A. 2/17/25, 3:42 James Maas, Appellant, v. Cornell University, Respondent. 3/8 The complaint by Maas premises his contract action on the view that Cornell breached his contractual rights as a tenured professor. Without reference to any express contractual source, Maas contends that the University's administrative procedures form the basis for implying an agreement between them, which Cornell breached by failing to follow its own procedures. In assessing this employment relationship between the academic institution and its faculty member, we are satisfied that the University's adherence to its own internal procedures does not qualify for judicial cognizance. This Court's case law reflects the policy that the administrative decisions of educational institutions involve the exercise of highly specialized professional judgment and these institutions are, for the most part, better suited to makerelatively final decisions concerning wholly internal matters ( see, e.g., Matter of Olsson v Board of Higher Educ. of the City of N.Y., 49 NY2d 408, 413 [cautioning that courts should \"exercise[ ] the utmost restraint in applying traditional legal rules to disputes within the academic community\"]). This jurisprudential guidepost stems from the belief that these institutions are \"peculiarly capable of making the decisions which are appropriate and necessary to their continued existence\" ( Gertler v Goodgold, 107 AD2d 481, 485 affd for the reasons stated below 66 NY2d 946, supra). Courts retain a \"restricted role\" in dealing with and reviewing controversies involving colleges and universities ( Gertler v Goodgold, supra, at 487; see also, Klinge v Ithaca Coll., 244 AD2d 611, 613). \"In these so\u2013called 'university' cases article 78 proceedings are the appropriate vehicle because they ensure that the over\u2013all integrity of the educational institution is maintained and, therefore, protect more than just the individual's right to employment\" ( Klinge v Ithaca Coll., supra, at 613). Thus, a article 78 proceeding is the route for judicial review of such matters, not a plenary action. Notably, when litigants fail to avail themselves of the article 78 avenue, courts may justifiably dismiss plenary claims premised upon alleged failures to follow applicable principles set forth in employee handbooks ( see, Holm v Ithaca Coll., 256 AD2d 986, 988, lv denied 93 NY2d 804). 2/17/25, 3:42 James Maas, Appellant, v. Cornell University, Respondent. 4/8 Maas may have been entitled to article 78 review. Ironically, he initially resisted that very relief sought by defendant Cornell in the trial court. In his latest twist, he asserts that the lower courts erred in refusing to convert his plenary action into a article 78 proceeding. His effort in this regard comes too late and the relief is now unavailable for the reasons given by the Appellate Division, and as noted above in the litigation description of this case ( see, 253 AD2d 1; see also, Matter of Martin v C.A. Prods. Co., 8 NY2d 226, 231). B. Because we agree that Maas cannot now seek to convert his action to a article 78 review proceeding, we must address his strained effort to avoid dismissal of his breach of contract action. To the extent his arguments may be construed as urging that an implied\u2013in\u2013fact agreement may be extracted out of the procedures contained in the Campus Code, as well as in the College of Arts and Sciences regulations, his theory fails. Instructively, this Court affirmed the dismissal of a complaint which alleged a breach of contract action based on a university's unfair administrative conduct ( see, Gertler v Goodgold, 107 AD2d 481, affd for the reasons stated below 66 NY2d 946, supra). When a complaint which merely \"recites a litany of academic and administrative grievances couched in terms of a violation of a contractual right to tenure\" and is devoid of any reference to the contractual basis for the rights asserted,academic prerogatives should not be channeled into a cognizable contract action classification ( id. at 484). Moreover, Cornell cannot be held to have contractually bound itself to follow these internal rules when it hired Maas. In the analogous context of wrongful termination disputes, this Court has held that an employee's action against an employer based on its written policies may not be maintained unless the employer \"made the employee aware of its express written policy * * * and that employee detrimentally relied on that policy in accepting the employment\" ( DePetris v Union Settlement Assoc., 86 NY2d 406, 410; see also, Weiner v McGraw\u2013Hill, Inc., 57 NY2d 458, 464\u2013466). None of these 2/17/25, 3:42 James Maas, Appellant, v. Cornell University, Respondent. 5/8 prerequisites is present or operative in the relationship at issue in this case. We discern additional support in Restatement [Second] of Contracts \u00a7 4. It provides that \"[a] promise may be stated in words either oral or written, or may be inferred wholly or partly from conduct.\" An implied\u2013in\u2013fact contract would arise from a mutual agreement and an \"intent to promise, when the agreement and promise have simply not been expressed in words\" (1 Williston, Contracts, \u00a7 1:5, at 20 [4th ed 1990]). This type of contract still requires such elements as consideration, mutual assent, legal capacity and legal subject matter ( id. at 22 \"[m]anifestation of mutual assent to an exchange requires that each party either make a promise or begin or render a performance\" (Restatement [Second] Contracts \u00a7 18). The conductof a party may manifest assent if the party intends to engage in such conduct and knows that such conduct gives rise to an inference of assent ( id. at \u00a7 19). Thus, a promise may be implied when a court may justifiably infer that the promise would have been explicitly made, had attention been drawn to it ( see, Genet v President of Delaware & Hudson Canal Co., 136 593, 609). While handbooks generally contain information concerning rights and responsibilities, \"the concept of handbooks as part of a contract with commitments and expectations on both sides\" is not universally accepted (Mawdsley, Litigation Involving Higher Education Employee and Student Handbooks, 109 Educ. Law Rep. 1031, 1049). Thus, under these guidelines, we are not persuaded that any basis has been presented to support an attributed assent to the University that the Campus Code was to be deemed a part of the employment contract with Maas. With this backdrop, Maas has failed to plead a cognizable breach of contract action. The University nowhere reflected an intent that the provisions of its Code would become terms of a discrete, implied\u2013in\u2013fact agreement, for purposes such as are alleged in this lawsuit. The Code itself is heavily informational in nature and does not express or support the implication of any promise on the part of the University. While the Code and its attendant regulations promulgate the University's sexual 2/17/25, 3:42 James Maas, Appellant, v. Cornell University, Respondent. 6/8 harassment policy and provide procedures for dealing with sexual harassment claims, Maas' essential employmentduties and rights are only indirectly affected by these provisions. Finally, in this regard, Cornell's handbook clearly states that it can be altered at any time (impliedly unilaterally), and cautions readers and affected persons to seek out the most updated edition. That feature is hardly the harbinger of a legally binding set of arrangements. We conclude, therefore, that there is no support in this record or in relevant authority sources to sustain Maas' implied contract cause. Maas also relies on Tedeschi v Wagner College (49 NY2d 652) to support his theory. He misconstrues that ruling, as it might even possibly apply here. In the context of the relationship between a university and a student, this Court in Tedeschi held that \"when a university has adopted a rule or guideline establishing the procedure to be followed in relation to suspension or expulsion that procedure must be substantially observed\" ( id. at 660). We explicitly cautioned that the legal theory upon which this rule emerges is, however, not well defined, and that the \" [c]ontract theory is not wholly satisfactory\" ( id. at 658, 659\u2013 660). Further, we concluded that \"[s]o much of the complaint as sought money damages and the right to a due process hearing based on claimed 'state action' was properly dismissed\" ( id. at 661\u2013662). Therefore, Tedeschi provides no support for Maas's claim under the alleged breach of contract theory. The Court has considered all other arguments, and concludes that they are likewise without merit. This case was correctly decided by both courts below, and we affirm. Accordingly, the order of the Appellate Division should be affirmed, with costs. Order affirmed, with costs. Opinion by Judge Bellacosa. Chief Judge Kaye and Judges Smith, Levine, Ciparick and Rosenblatt concur. Judge Wesley took no part. Decided November 23, 1999 2/17/25, 3:42 James Maas, Appellant, v. Cornell University, Respondent. 7/8 Web accessibility help 2/17/25, 3:42 James Maas, Appellant, v. Cornell University, Respondent. 8/8", "7302_102.pdf": "From Casetext: Smarter Legal Research Maas v. Cornell University Appellate Division of the Supreme Court of New York, Third Department Dec 11, 1997 245 A.D.2d 728 (N.Y. App. Div. 1997) Copy Citations Download Check Treatment Rethink the way you litigate with CoCounsel for research, discovery, depositions, and so much more. Try CoCounsel free December 11, 1997 Appeal from the Supreme Court (Rumsey, J.). Plaintiff, a tenured psychology professor in defendant's College of Arts and Sciences (hereinafter the College), was accused of sexually harassing four female undergraduate students. The complaints were reviewed under procedures entitled \"Procedures to Handle Accusations of Sexual Harassment against Faculty Members of Cornell University's College of Arts and Sciences\" (hereinafter the Procedures). The College faculty, of which plaintiff is a member, approved the Procedures on April 24, 1991. Sign In Search all cases and statutes... Opinion Summaries Case details 2/17/25, 3:42 Maas v. Cornell University, 245 A.D.2d 728 | Casetext Search + Citator 1/5 After the College's Senior Sexual Harassment Counselor determined that the complaints against plaintiff had merit, hearings were held before the College's Professional Ethics Committee. The Committee unanimously found that plaintiff \"repeatedly behaved both unprofessionally and inappropriately in his relationship with [three of] these students and that in effect this behavior constituted sexual harassment\" and that plaintiff \"committed harassment of a more manifestly sexual *729 and egregious sort\" with the fourth student. The Committee recommended, inter alia, that plaintiff's relationship with students be conditioned and that its finding of sexual harassment be taken into account for a five-year period in determining increases in plaintiff's salary and any honors or assignments for which he might be considered. 729 The College's Dean sustained the Committee's determination, modifying in some respects the recommended sanctions, and plaintiff's subsequent administrative appeal to the Provost was rejected. Plaintiff commenced this plenary action alleging, as relevant here, six causes of action. Defendant's preanswer motion to dismiss the complaint on numerous alternative grounds was partially granted, prompting this appeal. If, within the four corners of a complaint, factual allegations are discerned which, taken together, manifest any cause of action cognizable at law, a motion to dismiss will fail ( see, Fourth Branch Assocs. Mechanicville v. Niagara Mohawk Power Corp., 235 A.D.2d 962, 964; see also, Guggenheimer v. Ginzburg, 43 N.Y.2d 268, 275). While Supreme Court may have erred in its factual assessment of when the period of limitations began to run for the purposes of a article 78 proceeding, the court correctly dismissed the six causes of action. In his first cause of action, plaintiff seeks a declaration that the College was without authority under defendant's charter, bylaws or Campus Code of Conduct to create its own sexual harassment procedures. Because the documentary evidence in the record resolves all factual issues as a matter of law and definitively disposes of this cause of action ( see, Unadilla Silo Co. v. Ernst Young, 234 A.D.2d 754, 755), Supreme Court did not err in dismissing it ( see 3211 [a] [1]). Although plaintiff strenuously argues that defendant's Code of Conduct provides the exclusive mechanism for the _ 2/17/25, 3:42 Maas v. Cornell University, 245 A.D.2d 728 | Casetext Search + Citator 2/5 resolution of all sexual harassment claims, thereby precluding the College from adopting its own rules and regulations, the documentary evidence in the record, particularly the Code of Conduct itself, negates this argument. The Code of Conduct plainly states that its \"Regulations and the penalties imposed hereunder shall not be deemed exclusive of and shall not preclude resort to any applicable * * * other University regulations and procedures\" (emphasis supplied). The Code of Conduct also contains a provision entitled \"Dual Jurisdiction\", which states: \"Should any complaint of * * * a violation [of the Code of Conduct] be *730 made to a supervisor, department head or the Judicial Administrator, or should a supervisor or department head accuse an employee or faculty member of a violation which involves conduct clearly arising in the course of employment, determination of guilt or innocence shall be made by the appropriate University administrative authority or department head who shall also assess penalties and/or remedies where appropriate\" (emphasis supplied). These provisions demonstrate quite clearly that the Code of Conduct is not the exclusive means by which sexual harassment complaints are to be reviewed. Moreover, upon our review of the other documentation in the record, particularly defendant's bylaws, it is equally clear that the College acted within the confines of its authority in establishing the Procedures. 730 _ Enacted in 1987, the Code of Conduct sets forth rules and regulations applicable to all persons and registered organizations on any campus of the University. Plaintiff's second cause of action seeks recovery for breach of an alleged contract. Even liberally construing the complaint and assuming all factual allegations to be true, it does not allege a specific contract which defendant breached; rather, it merely states that \"[a]s a tenured professor at [defendant], plaintiff had a contractual relationship with [defendant]\". While plaintiff now asserts that \"the procedures contained in the Campus Code and those set forth in the [College's] Procedures\" were implicit terms of a contract between himself and defendant, we are unpersuaded. The rules and regulations outlined in these documents constitute academic and administrative prerogatives and this Court will not strain to convert them into a contract. While defendant can be held accountable for the improper discharge of its self-imposed obligations and any procedural flaws in the 2/17/25, 3:42 Maas v. Cornell University, 245 A.D.2d 728 | Casetext Search + Citator 3/5 administrative process ( see, Gertler v. Goodgold, 107 A.D.2d 481, 486, affd 66 N.Y.2d 946), plaintiff's claims in this regard remain intact since the fourth cause of action, which restates verbatim all allegations in the second cause of action, was not dismissed. The third cause of action for breach of the promise of confidentiality was properly dismissed under the Statute of Frauds ( see 3211 [a] [5]) because there was no written contract or other memorandum memorializing defendant's alleged promise to keep the sexual harassment proceedings confidential ( see, General Obligations Law \u00a7 5-701). Moreover, given defendant's inability to control the actions of third persons over whom it had no control and plaintiff's published letter to the editor of an educational journal commenting on the proceedings against him, defendant's conduct cannot be deemed so egregious or unconscionable to estop it from invoking this defense ( see, Long Is. Pen Corp. v. Shatsky Metal *731 Stamping Co., 94 A.D.2d 788). Nor has plaintiff successfully alleged a cause of action for breach of fiduciary duty as the affiliation between the parties \u2014 educational institution as employer and tenured professor as employee \u2014 does not create a cognizable fiduciary relationship ( see generally, Northeast Gen. Corp. v. Wellington Adv., 82 N.Y.2d 158, 162-165; Michnick v. Parkell Prods., 215 A.D.2d 462). Thus, the sixth cause of action was also properly dismissed. 731 Plaintiff's allegations are also insufficient to state a cause of action for intentional interference with economic advantage (the seventh cause of action). There is no factual allegation whatsoever, conclusory or otherwise, that defendant's conduct was motivated solely by malice ( compare, Loftus, Inc. v. White, 150 A.D.2d 857, 860) or to inflict injury by unlawful or wrongful means ( see Bancorp v. Fleet/Norstar Fin. Group, 215 A.D.2d 990, affd 87 N.Y.2d 614; Matter of Entertainment Partners Group v. Davis, 198 A.D.2d 63, 64; cf., Butler v. Delaware Otsego Corp., 218 A.D.2d 357, 361). Nor does the vague reference to defendant's actions \"undermin[ing] plaintiff's ability to successfully negotiate contracts with a number of outside sources\" satisfy the strict requirement that specific allegations be pleaded establishing that plaintiff would have consummated a contract but for defendant's interference ( see, Brown v. Bethlehem Terrace Assocs., 136 A.D.2d 222, 225). Finally, the instant action having nothing to do with gender bias or gender- 2/17/25, 3:42 Maas v. Cornell University, 245 A.D.2d 728 | Casetext Search + Citator 4/5 based discrimination, Supreme Court did not err in dismissing the eighth cause of action alleging violations of Title of the Education Amendments of 1972 ( see, 20 U.S.C. \u00a7 1681), which mandates gender equality at educational institutions receiving Federal financial assistance. Cardona, P.J., Mikoll, Casey and Yesawich Jr., JJ., concur. Ordered that the order is affirmed, with costs. About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/17/25, 3:42 Maas v. Cornell University, 245 A.D.2d 728 | Casetext Search + Citator 5/5", "7302_103.pdf": "Center for Individual Rights 1300 19TH 260 WASHINGTON, D.C. 20036 (202)833-8400 (202)833-8410 Special Issue - August 1995 ! We're not normally given to indignation. But in the case of James B. Maas v. Cornell University, filed on August 1, 1995 in Tompkins County Court, we'll make an exception. Jim Maas is a professor of psychology at Cornell University, where he has taught for 31 years. He is--or was--a beloved and esteemed member of what Cornell, hilariously, still calls its \"community.\" To this day, he is intensely loyal to his institution, wretched though its conduct has been of late. In 1994, Maas was hauled before the so-called Professional Ethics Committee (\"PEC\") of Cornell's College of Arts & Sciences to defend himself against charges of sexual harassment. The allegations, brought by four former female students of Maas's, can be described as overblown and contrived, although the word \"ludicrous\" comes more readily to mind. Cornell, though, is better than most universities at most things, and these include witch hunts. The drummed Maas through a \"proceeding\" the likes of which we haven't seen in six years of toil in the academic vineyards. In the end, even Cornell's Volksgerichtshof couldn't identify any particular charge that proved the case for sexual harassment. It nonetheless decreed that Maas had to be punished for having \"in effect\" committed that modern-day mortal sin. Meanwhile, participants in the ostensibly confidential hearing process leaked the complaints and the prosecutor's \"findings\" to the Cornell Daily Sun, from where they found their way into national and international papers. Bound as he was by the confidentiality requirements, Maas was unable to respond to any of the leaked allegations, even as they grew more lurid with each re-telling. Cornell, for its part, refused Maas's repeated demands to stop the leaks. As the smear campaign continued, Jim Maas suffered grave damage to his reputation, and otherwise. The sexual harassment craze has reached the point where one of the nation's most prestigious universities feels free and indeed compelled to trash an eminent member of its faculty- - without feeling particularly bad about it: Cornell thinks it can walk away from this train wreck without so much as an expression of regret, never mind meaningful relief to the victim. We'll see about that James B. Maas is a professor of psychology. His expertise lies in the causes and effects of sleep deprivation. He has spent 31 years on the faculty of Cornell University, and is one of its half-dozen most prominent professors. He is a big promoter of Cornell and a faculty advisor to its hockey team, the women's tennis team, and several sororities and fraternities. Maas is that rare commodity--an accomplished scholar who cares about his undergrads, as opposed to fobbing them off on befuddled graduate assistants. Maas actually teaches his own courses, and his Introduction to Psychology (Psych 101) plays each year to overflow audiences of up to 1,900 students. Maas has taught well over 40,000 Cornellians in the course of his career. Cornell has recognized Maas's contributions by bestowing numerous awards on him. Recently, in 1993, Maas was awarded the Stephen H. Weiss Presidential Fellowship, a prestigious award which carried a citation praising Maas for creating an \"atmosphere of intimacy\" in the classroom and in his interactions with students. In 1994, on the eve of being declared a menace by his \"colleagues\" on the Arts College's Professional Ethics Committee, Maas received a student body award as the College's best teacher, and the Cornell Daily Sun's annual poll of undergrads found Psych 101 the most popular course on campus, and Maas the best professor. Maas also disseminates his research findings through documentary films, and he has produced numerous award- winning documentaries and educational segments for the major networks, as well as for and the BBC. As his career blossomed in the 1970s, and as the demand for his films escalated among universities, corporations, and television networks, Maas began to train students as members of his film crew. These positions are in high demand, since they offer pay, travel, and valuable experience. Jim Maas is a warm, affectionate person who takes a personal interest in the students who work with him, often inviting his assistants to share in the life of the Maas family. Many of his students have attended birthday parties for his wife and children and exchanged holiday gifts with the Maases. Some have served as nannies to the Maas children and accompanied the family on vacation trips. Hundreds of students have appreciated and benefitted from Maas's attention. Even the Committee that hung Jim Maas acknowledged his \"generosity,\" the \"exceptional quality of his teaching and advising,\" and his \"habitual use of his influence to benefit his students.\" And even Maas's accusers were profoundly grateful for his affection--until they changed their minds. The Charges On May 31, 1994, two days after commencement, Maas received a mailing from Isaac Kramnick (Government), who was then temporarily serving as one of two Sexual Harassment Counselors within the Arts College. Enclosed were four rambling complaints, alleging sexual harassment by James Maas. They were accompanied by a cover letter, in which Kramnick informed Maas of the filing of the charges. Foreshadowing the procedural travesty that was to follow, Kramnick declared that he had found the charges meritorious, (even without investigation) and that the College's Professional Ethics Committee (PEC) should sanction Maas. The complainants were former students of Maas's who had also, and variously, served as members of his film crews and as his family's nannies. All of them had graduated before Maas received the complaints; two of them, long before filing the charges. The allegations reached into the distant past. The complaints are more properly characterized as harangues. They describe \"incident\" after \"incident,\" few of them sexual, never mind harassing, in nature. (Random example: a former nanny to the Maas family \"charged\" that Maas's wife Nancy once asked her to push a luggage cart with the kid's bags through an airport. Sexual harassment? By Jim Maas?) The remaining allegations fall into three categories: * \"Overly friendly\" and \"affectionate\" behavior. The alleged offenses are best described as paternalism: hugs and occasional social kisses, typically in front of Maas's wife or other third parties--all of whom, in the PEC's words, considered Maas's conduct \"innocuous or ... expressions of a warmly paternal affection.\" Little gifts of appreciation for hard work (such as fake Rolex watches) from Jim Maas or his family to the complainants-- and, it bears mention, from the accusers to the Maases, though the would attribute no significance to this fact. None of Maas's conduct was lewd or obscene; little of it was even arguably of a sexual nature. None of it was alleged to be propositioning, not to mention quid pro quo. Virtually all of it was, by all appearances, welcomed and appreciated at the time it occurred. Jim Maas did not dispute in the proceeding against him, and he does not now dispute, that he displays his affection in all sorts of ways, including the physical. In this respect, he treated the complainants precisely the way he treats everyone else. Maas does dispute that the alleged incidents were sexual in nature, and protests that the complainants now, long after the fact, construe them as such. He further claims that he had no way of knowing that his behavior was unwelcome, since the complainants failed to give him an indication to this effect (see JIM, excerpted nearby). * Sexual innuendo. That, for the most part, ain't harassment, and it ain't Jim Maas. Witnesses testified that the complainants either misheard or egregiously mischaracterized the alleged remarks. (The believed Maas's witnesses, and still hung Maas on the charge. See \"Findings\" below.) * Assault. the lone complainant alleged that Maas had touched her breast on a film tripsix years prior to the filing of her complaint. That ain't Jim Maas, either. Maas fiercely denies the allegation, and there's no evidence to support it except the woman's ipse dixit, which is highly suspect. She shared with the intimate letters to her mother, which cover minute details of her relation to Jim Maas at the time but make no mention of the allegedly traumatic incident. She subsequently accompanied Maas on four extended research trips, and several witnesses testified to her jovial mood during this period. (The eventually considered the charge unproven, and still--you guessed it--hung Maas on it. See \"Findings\" below.) The complaints would have given a half-way sensible administrator great pause before pressing formal charges. They were transparently not the grievances of preyed-upon co-eds; they were readily discernible as the centerpieces of a political campaign to raise public consciousness about sexual power relations, or some such mantra. (See MOTIVES, page 4.) Cornell eagerly cooperated in this venture, the consequences to Jim Maas be damned. The \"Process\" In July 1994, the complaints fell into the hands of Professor David Lyons (Philosophy and Law), a character straight out of The Possessed. Lyons had resumed his duties as Senior Sexual Harassment Officer, relieving Kramnick of his temporary assignment. At this stage and, indeed, throughout the proceedings, Maas expressed a strong interest in mediation: he had not meant to give offense, had no way of knowing that he had given any, and would readily apologize for any he might have given. Lyons, though, would have none of it. Instead, he prevailed upon the complainants to make their affidavits \"more focused.\" And sure enough: complainants who had stated originally that they did not want to see Maas punished now demanded his removal from the faculty. So revised, the complaints reached the Professional Ethics Committee-- four months after the original filing, and only two days before the PEC's first hearing on the matter. (The is different and separate from Cornell's ordinary judicial system. Its bizarre origin, questionable authority, and egregious procedures are described on page 6.) In October 1994, the commenced hearings on the matter. The proceeding was a farce even by the modest due process standards of higher education. * All of the heard testimony concerning incidents that allegedly occurred seven years earlier. Under Cornell's ordinary procedures, charges must be brought within six or twelve months, depending on the alleged offense. * All of the complainants had graduated from Cornell before filing their final allegations. The Sexual Harassment Counselors are supposed to receive complaints about sexual harassment from \"members of the University community,\" but the conveniently interpreted this language to include former graduates. However, when Maas later protested that the complainants were breaching the confidentiality of the process, Cornell proclaimed itself powerless to rein them in because the complainants, as \"non-employee participants,\" were outside Cornell's jurisdiction. Hotel Cornell: You can check out any time you want, but you can never leave. * The procedures provide for a right to a \"friendly advisor,\" though not to representation by a lawyer. When Maas selected Professor Faust Rossi, a member of the Cornell Law School faculty, as his advisor, the nixed his choice. Referring to a secret (!) 1993 ruling that the would determine the eligibility of faculty advisors who also happen to be lawyers on a case-by-case basis and in accordance with the \"spirit\" of the procedures chairman Victor Koschmann (History) declared that Rossi was \"too much of an expert\", and that \"he would make the women uncomfortable.\" (Prosecutor Lyons--like Rossi, a member of the Law School faculty--was not seen to fit either description. This was to remain the only thing Koschmann got right.) * Maas was barred from questioning the complainants, and wasn't even allowed to be present at the hearing when they testified. (Yes. It would have made the women uncomfortable.) * Although the has jurisdiction only in sexual harassment cases, it happily entertained a host of totally unrelated charges committee member raised a charge--out of the blue, unrelated to anything, and totally false--that Maas had failed to honor a verbal commitment with one of the complainants to share the sales proceeds from a co-authored book. On the other hand, Jim Maas produced witnesses--female students--who testified that they had very much welcomed his attention, much as the complainants had welcomed it before their conversion. This testimony was ignored, and Maas's witnesses later complained bitterly at the PEC's abusive treatment. The complainants had an easier time of it. The alleged come-ons and innuendos occurred in front of third parties, including Maas's family? Naturally! Complainant responds to allegedly severe harassment at the hands of Jim Maas by introducing her close friends (and co-complainants-to-be), B-1 and B-2, to the perpetrator (\"Jim, meet the B's. B's, meet my harasser!\")? Naturally! What's the probability of selling this garbage to a random group of six people with a nanogram of common sense? Cornell's bought it. The Findings After five days of hearings and months of deliberation, the reached its foregone conclusion and found Maas guilty of sexual harassment. Cornell's definition of sexual harassment tracks applicable federal regulations, which require unwelcome conduct of a sexual nature that is sufficiently severe and sustained to create a \"hostile environment\" for the complainant(s). This language is notoriously woolly by ordinary legal standards. But it was far too precise for the PEC's use. Instead of applying (even vague) rules to facts, the proceeded by judicial finger-painting: no single splash means anything, but the whole picture may leave an impression. Such artistic creativity may go a long way: why not remark, impromptu, that the complainants' \"remarkable physical similarity both to each other and to Professor Maas's wife\" (who never appeared before the PEC) suggests \"erotic overtones titillating insinuation will beat a boring fact any day. In the same spirit, the declined to examine each individual complaint. Instead it considered them all at once--the theory being that so long as Maas harassed one of the complainants, he might as well have harassed all of them. Nor did the explain which actions in particular were \"unwelcome,\" or \"sexual in nature,\" or sufficiently \"severe\" to constitute harassment. And why should it have? Where there's smoke, there's smoke. The emerged from this fog with the conclusion that liability should be determined not on the basis of Maas's actions but on the basis of the complainants' subjective and never- expressed feelings. As to gifts and social hugs and kisses: \"[Maas] habitually gives lavish and often very thoughtful gifts to many people and uses his influence generously on their behalf. He also habitually expresses his affection in physical terms. It is precisely because of his generosity with time, attention, gifts, and influence, however, that students who feel uncomfortable or intimidated find it difficult to understand what is going on, to sort out their own responses, and to disengage themselves from relationships with him.\" To be sure, the complainants never communicated their discomfort to Maas, and the acknowledged that this was \"very unfortunate and misleading\". But it was Maas's problem. Ditto with the allegations of innuendo: the thought it \"likely\" that the complainants misheard or misinterpreted what Professor Maas said. But we believe that they did think that there was sexual innuendo (emphasis added). That being settled, the turned to the complainants' roles as students, film crew members, and nannies: \"While such overlapping, complex relationships might not necessarily be reprehensible, in all cases before the committee ... they created a climate in which it was hard to detect when the line between proper and improper behavior was being crossed. Since English teachers signed off on this, we can't attribute the passive voice to evasion or awkwardness: it was not Jim Maas but \"they\" and \"the climate\" who crossed and created things. But the let these culprits off the hook. Next, the was being migrated from harassment to propriety. While this might not necessarily be reprehensible, the declined to explain how, where, and with respect to whom that line had been crossed. All the same, it concluded that Maas \"repeatedly behaved both unprofessionally and inappropriately in his relationship with these students and [wandering back to harassment] that in effect this behavior constituted sexual harassment.\" (Emphasis added.) Quod Erat Demonstrandum. As for the alleged breast-touching six-plus years ago, the could \"reasonably be sure only that something occurred in Kyoto which [the complainant] found very upsetting at the time.\" This was sufficient for the to find the complainant's \"case convincing and especially significant because it suggests a pattern over time,\" a \"pattern\" being a single data point that may or may not exist. On this score, the found Maas's conduct \"especially egregious,\" even though unproven. Quod Erat Especially Demonstrandum. While the ignored Lyons's intemperate demand that Maas be fired, it issued ten \"recommendations\"--most of which Maas, in light of his experience, would henceforth have followed in any event. (E.g., \"Maas should be prohibited from bestowing on an individual student a gift of substantial value ($15), although he may, for example, provide jackets, sweatshirts, etc., for his entire film crew.\") The further recommended that Maas be prohibited from having female advisees, and that his \"record of sexual harassment be taken into account in determining any merit increases\" and the like for a period of five years. In a final act of consummate pettiness, the recommended that Maas's Stephen H. Weiss Presidential Fellowship be rescinded. Confidentiality The process, Maas was assured time and again, was strictly confidential. Fat chance. Maas's persecutors mounted an all-out publicity campaign, principally by way of handing the Cornell Daily Sun selected documents, including Lyons' indictment and transcripts of their own testimony before the PEC. The Sun went public after the PEC's decision on December 9, 1994. Stories and cartoons throughout spring semester 1995 portrayed Maas as a sexual aggressor and took Cornell to task for not firing him. The Sun refused to run all but one or two of the many letters it received supporting Maas, while printing \"anonymous\" complainants' diatribes about the proceedings. For good measure, David Lyons weighed in with his own reflections on the issues in a letter to the Sun. From the Sun, the affair found its way into The New York Times, Time Magazine, and The Chronicle of Higher Education, and onto the wires, which aggravated the damage. Still considering himself bound by the rule of confidentiality and not wanting to endanger his chances of obtaining a favorable decision on an appeal to higher Cornell authorities, Maas could not respond. The breach of confidentiality and its collateral damage were entirely foreseeable. The had constructive notice that the complainants wanted the affair to be public: they had said so in their complaints. And the protection of confidentiality was in good part entrusted to David Lyons and Sandra Bem, both of whom have denounced secrecy as an odious obstacle to the fight against sexual harassment. Maas tried to impress upon the and upon University Deputy Counsel Thomas Santoro that the complainants' breach of confidentiality was a serious abuse of the process, and that the damage to his reputation and career constituted greater punishment than anything the had itself recommended. But Cornell did nothing to prevent the smear campaign, nothing to stop it once it got underway, and nothing to set the record straight. Santoro eventually replied that the press leaks may have originated with Maas. Santoro to Maas: you're not only a suspected harasser; you're also a suspected moron. Appeals The Pocks findings and recommendations, along with Maas's response, went to Don Randel, a former music prof and, at the time, Dean of the Arts College. Randel's role in the disaster went well beyond a mere review of the Pocks handiwork. Throughout, Maas had worried about subjecting himself to a process that was stacked against him--only to be assured by Randel that the process would be fair (right!) and confidential (right!); that a professor who's taught some 40,000 students was bound to encounter \"five felons\" (no comment); and that Maas had nothing to fear because his case would be handled by a \"jury of his peers.\" (Wrong. Enemies, actually.) In the end, Randel sided with the string-up quartet of accusers and the conviction choir. He did reject the proposed revocation of Maas's Weiss fellowship, the most serious of the Pocks sanctions. He also rejected the proposed restrictions on Maas's having female advisees, thus implying that Maas wasn't a clear and present co-ed danger after all. Still, and incongruously, Randel affirmed the Pocks factual \"findings,\" averring that any attempt on his part to revise or review them would interfere with faculty autonomy. He similarly disavowed any authority to review the procedures; and besides, he said, he had reviewed them, and they were fine final appeal to University Provost Malden Nesheim proved equally futile. No surprise here, either. Weeks earlier, Nesheim had asked Jim and Nancy for their \"sympathy\": Surely, they would understand his terrible predicament, should the case reach his desk? Surely, they wouldn't expect him to set aside the Pocks and the Dean's findings? Etc. On May 24, 1995, Nesheim informed Maas by letter that he was rejecting Maas's appeal; that the sanctions imposed by Randel would stand; and that there would be no further appeal. Cornell University summed up its decision in a June 23 press release, reading in relevant part: After extensive deliberation of this case over a period of several months, the Professional Ethics Committee determined that Professor Maas had engaged in conduct that constitutes sexual harassment in violation of University policy ... Professor Maas was not found in the present proceedings to have either had, or sought, an intimate sexual relationship with any of his students nor to have engaged in the physically abusive behaviors often associated with the term \"sexual harassment.\" Nonetheless, any conduct that constitutes sexual harassment is an affront to the entire Cornell community and will not be tolerated. Professor Maas has had a long history of dedicated service to Cornell University and to its students, faculty, staff and alumni. It is the University's hope that with the conclusion of this proceeding, that service will continue. Translation: You're guilty, although we won't say of what. You're not a rapist, but you are an intolerable embarrassment to this institution. But hey, no hard feelings. And how about another fundraising trip ... ... although they wish it were. Frank Rhodes has retired, and gone back to teaching geology. Provost Malden Nesheim has also retired, and gone back to teaching nutritional science. Dean Randel is now Provost Randel, and living proof of the Peter Principle. David Lyons has moved on to Boston University, which would be well advised to keep him far removed from anything resembling an administrative duty. Deputy Counsel Thomas Santoro has not been promoted. Throughout the Maas proceeding, Santoro destroyed a half- dozen opportunities to settle the matter on terms that would have averted damage to Cornell and to Maas. He stated at the outset that he would rather be sued by Maas than by the women; now that he has his wish, we hope he feels lucky. The squadrons have run into trouble. In May 1995, the committee that mothered, nursed, and potty trained the reported to the Arts College faculty on its accomplishments. Having heard, however vaguely, of the Pocks conduct in the Maas proceeding, faculty members expressed grave concern. And who could blame them? After the Maas secret show trial, no one knows any better than before what constitutes \"harassment.\" \"There but for the Grace of God...\" said Don Randel to Jim Maas. \"Amen,\" said the Assistant Professor of Sociology: if the can hang a member of Cornell's aristocracy, imagine what it could do to the peons. The people were aghast. Victor Koschman protested that the had evaluated itself, and found itself fine. David Lyons proclaimed the procedures excellent, except that the Pocks findings and sanctions shouldn't be confidential. Sandy Bem enthused that the process was working because everyone accused before the had been found guilty. The faculty didn't buy it, and voted for an independent evaluation of the and its procedures. That's to the good. Meanwhile, though, Jim Maas stands convicted as a sexual harasser; and much as Cornell would like to consider the case closed, this can't be the end of the matter. One can argue that Maas's conduct was \"inappropriate\"--so long as one recognizes that it is inseparable from the conduct, and in fact the same conduct, that has made James Maas a widely beloved and revered teacher. And one can argue that Jim Maas should have seen it coming: that sooner or later, some disoriented undergrads would turn up among his protegees. That the gender zealots, given half a chance, would hang him. And that a feckless administration would let him hang, regardless of his distinguished service. Jim Maas, in other words, sat out the harassment craze. We'd all be better off if the rest of the country had joined him. But it didn't, and James B. Maas was convicted of a crime-- unknowable, undefined, but bad enough to ruin his career. Jim Maas has gone to court as his only means of vindication. His complaint demands damages of at least $1.5 million, along with further appropriate relief, for the following: * Breach of contract and good faith; * Breach of promise of confidentiality; * Negligence in fulfilling contractual duties; * Breach of fiduciary duties; * Intentional interference with economic advantage; * Violation of duty, arising under Title of the Education Amendments of 1972, to provide procedures for the fair and equitable resolution of student harassment complaints. Jim Maas holds no grudge against Cornell. Neither does the Center for Individual Rights, which is serving as Maas's counsel. Some of CIR's best friends are Cornellians; in fact, some of us are Cornellians. We'd rather do without litigation, and instead don funny hats for reunion. That said, the zealots at Cornell are in need of some restraint. The witch hunts must end. And there must be justice for Jim Maas. When it is done, 'twere well, it were done quickly, and we will entertain any reasonable offer of reconciliation. But no justice, no peace In an indictment generally devoid of reason, David Lyons urged that the complainants' charges should be presumed true. The women's willingness to come forward, Lyons averred, was \"best explained by their veracity and their desire through these proceedings to recover their self-respect and prevent further harassment.\" But this contention rests on willful ignorance of the evidence. The principal instigators of the campaign against Maas were twin sisters, both film crew members. The twins (let's call them B-1 and B-2) had what they called a very \"fun\" and harmonious working relation with Maas--until they served as teaching assistants to Andrea Parrot (Human Ecology), who preaches that anyone who feels \"pressured into sexual contact on any occasion is as much a victim [of rape] as the person who is attacked in the streets.\" Lo, the B's came to suspect that Maas's affectionate conduct might actually constitute \"harassment.\" Faculty advisors suggested that the twins maintain their relationship with Maas, while monitoring his behavior. During the 1993-1994 school year, the twins kept a log of suspect gestures or utterances, and went out of their way to encourage physical contact on Miosis part. (\"They were totally trying to entrap him,\" said a fellow film crew member.) The scurrilous allegations of sexual innuendo were also based on the B-logs. Toward the end of the school year, the twins recruited (Class of '93), a close friend and film crew member who had introduced them to Maas. Throughout her undergrad career had developed a close relationship with the Maas family. C's mother, worried about her daughter's lack of self-esteem, repeatedly asked Maas for assistance. The Maases reached out to the troubled young woman, and hired her as a nanny. On the day of C's commencement, her family treated the Maases to a festive graduation dinner--the culmination of a long friendship between the two families thanked Maas effusively for all he had done for her (see JIM, page 3). Alas, following her separation from Cornell became depressed, and began seeing a social worker \"therapist.\" The therapist, who submitted written testimony to the PEC, attributed her patient's conflicted emotions to sexual harassment by Maas, and eventually persuaded her patient that the very acts of kindness and affection for which she had expressed gratitude were in fact the transgressions of a sexual predator. With the aid of C's boyfriend, B-1, B-2, and contacted scores of current and former female associates of Maas--film crew members, students, and secretaries. They told their targets that they had heard from a reliable source that she, the target, had been sexually harassed by Jim Maas. The fearsome foursome contrived to call Maas associates from as much as 17 (!) years ago. Most of the targets were astonished at the mere suggestion of sexual harassment by Jim Maas, and many were outraged. Finally, though, the telethon brought in an accomplice: a 1990 graduate and a former member of Miosis film crew, said that Maas touched her breast on a 1988 filming trip to Japan. This single, unproven and implausible allegation was to become the linchpin of the case against James Maas From a card one of the complainants wrote to James Maas on the occasion of her commencement in 1993: Jim can't thank you enough for everything you have done (and continue to do) for me over the years. You have made my Cornell experience an invaluable treasure. Knowing that you will always be a source of encouragement and support for me is the only thing that makes leaving Cornell bearable am especially flattered to have been \"adopted\" by you, Nancy and the boys. You are such a special family and am thrilled that have gotten to know you all so well year later, the \"adopted\" daughter joined the campaign against her teacher and mentor As we were preparing the Maas case, we stumbled upon the Spring 1995 issue of the alumni magazine of the University of Massachusetts at Amherst, containing letters by former UMassstudents (about half of them female) in praise of their teachers. From an alumna, about her favorite professor can remember him hugging me when he heard that had been elected to Phi Beta Kappa. ... At that moment was happier that he was proud of me than when found out had been elected. From another alumna about another professor: He became my friend, confidant, and a good shoulder to lean on. He sort of became a surrogate father to me... From yet another alumna, about yet another professor: He was always willing to respond to a young student's far-ranging but troubled questions (\"Do you believe in an afterlife?\") with exactly the seriousness and the personal \"input\" which the moment seemed to require. He was truly interested in his students. Hang 'em high Cornell's Campus Judicial Code, a set of Trustee-approved procedures, is supposed to govern all student, faculty, and staff complaints against professors and administrators, including sexual harassment complaints. It affords a fair measure of due process and confidentiality to protect the participants, including the accused. The Maas case was adjudicated (if that's the word) under a different, highly irregular process designed by the Arts College. In 1991, the College had decided that the existing procedures were inadequate to the task of stamping out sexual harassment. An ad-hoc committee appointed itself, and assigned itself the task of designing more with-it procedures. The committee was dominated by members of the Women's Studies Program. (For more on this Campus Ministry for Popular Enlightenment see PERFECT, page 9.) It created the Senior Sexual Harassment Counselor and the Professional Ethics Committee that processed Jim Maas, along with procedures to \"level the playing field\" between powerless co-eds and omnipotent profs. \"There are,\" in Lyons's words, \"circumstances surrounding sexual harassment that require special measures,\" and the ad-hoc committee could think of quite a few such measures. For example, it abolished the right to confront one's accusers, the better to create \"an atmosphere where one could come forward\" (Provost Randel's words) and protections \"for people who feel extremely vulnerable\" (David Lyons's, again). To Lyons, the complainants remained \"extremely vulnerable\": they had \"nothing to gain, and much to lose, from pressing charges\" and should therefore be believed. But when Lyons put this language into his indictment against Maas, the complainants had been coddled, coached, and comforted for months. Their \"privacy\" was carefully protected, even while they were lobbing public hand grenades left and right. No word yet from Lyons on the vulnerability of the victims of frivolous charges and of breaches of confidentiality; there's no penalty for either. Talk about a free ride. But wait--there's more! The ad-hoc committee recommended, and the Arts College adopted, a \"locked box,\" containing allegations of sexual harassment against faculty members. Teachers are not informed, even at their request, of the existence of such charges, never mind their content or source; and there is no expiration date, meaning that ancient, unsubstantiated charges can be dredged up decades later--with the claimants' approval--as proof of a \"pattern\" of harassment. It's true that these innovations aren't wholly unprecedented. Josef Stalin, for one, leveled the playing field between his henchmen and Trotskyite party members in a similar fashion. But show trial procedures do affect the ordinary rights of faculty members. For this reason, among others, revisions of the Campus Judicial Code must be approved, by New York law and Cornell charter, by Cornell's Trustees. In creating the PEC--a revision of the existing procedures, if ever there was one--the ad-hoc committee dispensed with this nicety, and a few others along the way. What niceties remained, the did away with in the Maas proceeding left Cornell in June 1995, after decades of distinguished service. In 1969, when armed Black militants seized the campus student union and the administration declared that education might be pursued more profitably through, umh, argument than machine guns (though of course not always and under all circumstances), Lyons stepped courageously in front of the mob to profess his shame for the administration's racist position. Lyons was also the Arts College's Senior Sexual Harassment Counselor, and he is a to boot. His works are distinguished by the author's conscientious use of the generic female pronoun (\"the judge--she\") and by her unrivalled triteness. However, having mastered the art of tying his shoelaces, Lyons has instructed ordinary mortals, in article after pedantic article REQUIRES. For example, Lyons has argued (\"Basic Rights and Constitutional Interpretation,\" Social Theory and Practice Vol. 16:3 (1990), pp. 337-357), that the authors of the Constitution were mostly racists. This goes to show that judges should follow not the Constitution they have sworn to uphold but the dictates of morality, as expounded by David Lyons. And yet, Lyons cannot help but stumble upon a good point now and then. On the subject of procedural justice in particular, he talks an exceptionally good game. Consider, especially in light of his conduct as harassment henchman, his pronouncements in Ethics and The Rule of Law (1984), pp. 198-204: [To ensure procedural rationality,] we may wish to require that competent counsel represent each side of the dispute . . .Considerations of fairness and autonomy, for example, argue against penalizing people for doing what they had no reason to believe would be punishable defendant] should not be able to complain that he could not understand the law ..., that he was not informed of the complaint against him or the character of the reply, that he had no opportunity to present his case effectively, that the proceedings were biased against him. . .[O]ur ordinary notion of procedural fairness seems to imply that any denial of a full and fair hearing would be objectionable, even if it served some legitimate legislative end. . . [The denial of procedural fairness] often constitutes an identifiable insult to the individual--an expression of the notion that one need not be heard or given equal consideration because one is assumed to be unreliable or less worthy of equal concern and respect. Indeed L'Affair Maas would not exist without Cornell's Women's Studies Program (WS). According to Cornell's 1994 - 1995 course catalogue is \"an interdisciplinary program that seeks to inscribe women's lives, culture, and history, in all their complex multiplicities.\" We have no idea what this means. But we're prepared to believe that women's multiplicities are perfectly deserving of inscription. We know, moreover, that domiciles some respectable scholars. (All members of must have appointments in regular academic departments.) Unfortunately, though also houses proponents of gonzo gender feminism. And it is they who played a dominant role in the Maas debacle. * The more fanatical members dominated the self-appointed committee that created the and the \"procedures\" under which Jim Maas was lynched. Among them was Sandra L. Bem and Psychology), the Madame Defarge of the Cornell campus horrors. (Bem also serves as a Sex Harassment Kommissar alongside Lyons. As Miosis colleague in the Psychology Department, she purportedly disqualified herself from the case. But she showed up at the hearings to berate one of Miosis witnesses.) * Three of the six members who sentenced Maas (Judith Ginsburg, Dorothy Mermin, and Hortense Spillers) are members. The fourth woman on the PEC, Danuta Shanzer, is a vocal advocate for a gay and lesbian campus dormitory. * Two heavyweights, Mary Beth Norton and Kathryn March, served as the complainants' advisors, at the suggestion of (who else?) David Lyons. The Maas disaster can't be blamed entirely on the more radical Women Studiers. The egregious David Lyons, Male Enabler, assisted mightily in the creation and the administration of the Pocks rules, and misbehaved consistently thereafter. (Being differently gendered, he can only be with WS, not of it.) The panel that heard the Maas case was composed of members from only three (of 28) Arts College Departments (History, English, and Classics), and its two male members were hardly paragons of impartiality and integrity. Chairman Victor Koschmann (History) brushed off Maas's procedural objections by insisting that the would \"make up the rules as we go along,\" thus proving that historic events can be a tragedy and a farce at the same time. Michael Kammen (History), person of paradox, was a member of the in its lone pre-Maas harassment proceeding, and blabbed about it at a cocktail party; despite this breach of confidentiality, he participated in the Maas case. Pass the peanuts. Still, it's a fair question how the zanier members of could gain such prominence in running the Arts College. It certainly helps that the radicals think of academic pursuits as little but a Hobbesian striving for power after power. They don't suffer from a conceit that research and teaching have to do with truth, objectivity, or some such quaint notion. It is an \"overarching notion\" of (and here, we quote from the description of in Cornell's course catalogue) that scientific knowledge \"is not as impartial, objective, or neutral as has traditionally been thought but instead emerges out of particular historical and political contexts.\" Gravity, for all we know, may be a conspiracy among rich, white, and heavy men to oppress women who endeavor to inscribe a multiplicity. Ditto with elementary concepts of sexuality, such as male and female. \"Central to the [WS] curriculum,\" the course catalogue informs us, is the idea \"that definitions of gender-- including those that privilege exclusive heterosexuality-- are not natural or universal but are instead social constructions\" that, among other things, \"serve political ends.\" What we have here is a frosh version of the incomparable Sandy Bem's theory that sexual categories are a mere cultural \"schema,\" unrelated to anything real except genitalia. The schema, Bem says, produces an \"androcentric social world,\" which \"was built by rich, white, heterosexual men\" and in which biological differences and cultural norms conspire to produce female disadvantage. (Bem, The Lenses of Gender, 1993, p. 191.) Need we mention that this brand of feminism requires the abolition of the oppressive schema? Jim Maas actively supported gender equity issues. He developed proposals for documentaries on \"Egalitarian Relationships\" and \"Female Empowerment\" and he is married to an academic who considers herself a feminist. But the Sandy Bems of this world aren't interested in pay equity or in studying heretofore ignored matters pertaining to women. Whatever \"studying\" they actually do is part of a larger enterprise--a long \"Take Back the Night\" march through the institution. Predictably, they've come a long way. Who, pray tell, has a stake in making academic governance and resource allocation a matter of ideology? Who has time for, and commitment to, committee meetings, procedure-writing, and harassment \"counselling\"? Who, while Cornell's astrophysicists crunch data on Neptune's atmosphere, gets to run the place (Cornell, that is)? You bet was the President of Cornell University , at the time of the Maas case. He is also the Chairman of the National Science Foundation and, in that capacity, a defendant in a lawsuit arising over racially segregated summer study programs funded by the NSF. (Doe v. NSF, et al.) Until his recent departure, Mr. Rhodes was the longest-serving president of an Ivy League institution, an accomplishment attributable not only to his remarkable ability to solicit funds from wealthy donors with an edifice complex but also, and largely, to his resolute unwillingness to confront ethnic and gender zealots who populate Cornell. Example: Mr. Rhodes washed his hands of the entire Maas affair. Example: Mr. Rhodes built Native Americans their very own campus home, to complement an existing African American theme house. In a fit of courage or embarrassment, he drew the line and said \"no\" to demands for a homosexual house, muttering something about \"balkanization.\" Then, some Hispanic students occupied his office and demanded their own theme house. Mr. Rhodes gave in, his administration having mollified the nervous Trustees with the clever formula that theme houses are okay so long as the constituency in question has acorresponding curricular course of study (as Blacks, Native Americans, and Latinos evidently all do). In May 1995, the Cornell Arts and Sciences faculty voted unanimously to create a homosexual studies program. The rest is history, or will be shortly. The Center for Individual Rights (CIR) is a non-profit public interest law firm based in Washington provides free legal representation to deserving clients who cannot otherwise obtain or afford legal counsel represents James B. Maas on a pro bono basis. To defray the substantial costs and disbursements that will be incurred in the litigation (for discovery, depositions, travel, etc has established the Maas Defense Fund. All contributions to the Defense Fund are used exclusively for the purposes of this litigation is a tax-exempt organization under section 501 (c) (3) of the Internal Revenue Code is funded through voluntary grants and contributions from foundations, individuals, and corporations. All contributions to CIR, including the Maas Defense Fund, are fully tax- deductible. For additional information and updates on the Maas case, please contact: Robert Detlefsen or Michael S. Greve Center for Individual Rights 1300 19th Street, N.W., Suite 260 Washington, D.C. 20036 TEL: (202) 833-8400, ext. 101 or 103 FAX: (202) 833-8410 mailto Home Page Back to CIR's Home Page", "7302_104.pdf": "In a decision dated March 23, 1998, New York State Supreme Court Justice Phillip R. Rumsey dismissed remaining claims in a lawsuit brought by Professor James Maas against Cornell University. The lawsuit, which was filed in August 1995, sought damages allegedly suffered by Maas in connection with the University's resolution of sexual harassment charges leveled against him by four of his former students. As a result of the charges, an elected faculty committee of the College of Arts and Sciences, the Professional Ethics Committee, unanimously found that Maas \"repeatedly behaved both unprofessionally and inappropriately in his relationship with [three of] these students and that in effect this behavior constituted sexual harassment\" and that Maas \"committed harassment of a more manifestly sexual and egregious sort\" with the fourth student. The Dean of the College and the University Provost upheld the committee's determination. The lawsuit originally alleged eight separate claims and damages of more than $1.5 million. In a September 10, 1996 decision, Justice Rumsey dismissed six of the eight claims. Following Maas' appeal of this ruling, the Appellate Division of the New York State Supreme Court affirmed Justice Rumsey's decision in a December 11, 1997 opinion. The Appellate Division specifically held that Cornell properly adopted its sexual harassment guidelines and properly applied those procedures to the Maas case. The appellate court ruling affirmed: that sexual harassment procedures adopted by Cornell's College of Arts and Sciences were valid; that a disciplinary action brought against Maas under those procedures did not breach Maas' employment contract with the university; that the university did not breach its fiduciary duty; that Cornell did not breach a promise of confidentiality; that Cornell did not intentionally interfere with Maas' economic relations with third parties; and that the College of Arts and Sciences procedures did not violate Title of the Education Amendments of 1972. In a February 23, 1998 decision and order, the Appellate Division also denied Maas' requests for reargument of the appeal and for permission to appeal to the New York Court of Appeals State Supreme Court justice dismisses suit against Cornell By Henrik N. Dullea March 26, 1998 (/#facebook) (/#twitter) (/#email) ( justice-dismisses-maas-suit-against- cornell&title=State%20Supreme%20Court%20justice%20dismisses%20suit%20against%20Cornell) 2/17/25, 3:42 State Supreme Court justice dismisses suit against Cornell | Cornell Chronicle 1/3 In the March 23, 1998 ruling, Justice Rumsey dismissed the last two claims in Maas' lawsuit and denied Maas' request to amend his complaint to allege new theories of liability against Cornell. In his decision, Justice Rumsey wrote, \"It is not the court's function to judicially tailor the complaint to make it fit the plaintiff's need or desire for a forum.\" He wrote further that: \"Maas sued upon eight causes of action on various legal theories all of which have been examined by this court, and six of which have been re- examined upon appeal. 'Irrespective' that eight causes of action have now been determined legally insufficient, Maas would like to begin anew on the same basic facts and a different theory. Aside from compounding the extraordinary amounts of time, effort and expense Cornell has expended to date, an amendment permitting a new cause of action ... at this point also prejudices Cornell's defense of the claim.\" Justice Rumsey's ruling totally disposes of Maas' claims against the University, although Maas may seek further review by an appellate court. University Counsel James J. Mingle said today that he is gratified that the court confirmed the University's position from the outset that the lawsuit had no merit. \"The procedures pursuant to which the College of Arts and Sciences handled the complaints of sexual harassment against Maas resulted in extensive hearings and far more 'process' than the law requires,\" Mingle said. \"The committee's findings were reviewed at two levels within the University, and now at two levels in the courts. We hope that Professor Maas will now put the matter behind him.\" Associate University Counsel Nelson E. Roth, who argued the case on behalf of Cornell, added that he was delighted with the decision, which makes clear that the lawsuit had no basis in fact or law. \"Although it is unfortunate that the University was compelled to devote extraordinary resources to the defense of Maas' claims, the Office of University Counsel believed from the beginning that the Professional Ethics Committee, the Dean of the College, and the Provost all exercised their delegated responsibility with care and integrity,\" Roth said. \"Counsel's office and the University take seriously the obligation to protect this type of decision from baseless claims and will continue to defend vigorously against all such lawsuits.\" Roth said that he was also particularly pleased with Justice Rumsey's rejection of Maas' attempt to add a claim of fraud to the proceedings: \"Other than making a formal motion,\" wrote the Court, \"counsel for Maas has not complied with any of the substantive requirements for such an amendment. He has not met his burden to demonstrate that the proposed claim can be supported ... Looking to the factual allegations already before the court it is dubious that there is any merit to a proposed claim of fraud. The record thus far is devoid of any facts or allegations of deceit on the part of Cornell.\" The lawsuit against Cornell was filed by the Center for Individual Rights, an advocacy group based in Washington, D.C., on behalf of Maas in 1995. He was also represented by David A. Stoll, Esq. of New York City, and Raymond M. Schlather, Esq. of Ithaca 2/17/25, 3:42 State Supreme Court justice dismisses suit against Cornell | Cornell Chronicle 2/3 Media Relations Office [email protected] (mailto:[email protected]) \uf2be607-255-6074 (tel:607-255-6074) Get Cornell news delivered right to your inbox (/ABOUT/SUBSCRIBE-NEWSLETTER) 2/17/25, 3:42 State Supreme Court justice dismisses suit against Cornell | Cornell Chronicle 3/3", "7302_105.pdf": "Case Status: Loss. N.Y. Court of Appeals upheld lower court dismissal of case. August 1, 1995 State Courts Professor Dragged Before Tribunal represented James Maas, a professor of psychology of 31 years at Cornell University, who was hauled before the Professional Ethics Committee (\u201cPEC\u201d) of Cornell\u2019s College of Arts & Sciences to defend himself against charges of sexual harassment. Maas is a renowned professor of psychology with an expertise in the causes and effects of sleep deprivation. In addition to his work as a researcher, Maas taught his own courses at Cornell, and his Introduction to Psychology played each year to overflow audiences of up to 1,900 students. In 1994, Maas received a student body award as the College\u2019s best teacher, and the Cornell Daily Sun\u2019s annual poll of undergrads found Psych101 the most popular course on campus, and Maas the best professor. Maas was widely known as a warm, affectionate person who took a personal interest in the students who worked with him, often inviting his assistants to share in the life of the Maas family. Many of his students Maas v. Cornell University Share \uf39e \uf099 \uf0e1 2/17/25, 3:42 Maas v. Cornell University - Center for Individual Rights May 31%2C 1994%2C two,the filing of the charges. 1/3 have attended birthday parties for his wife and children and exchanged holiday gifts with the Maases. Some served as nannies to the Maas children and accompanied the family on vacation trips. Maas also disseminates his research findings through documentary films. He has produced numerous award-winning documentaries and educational segments for the major networks, as well as for and the BBC. As demand for his films escalated among universities, corporations, and television networks in the late 1970s, Maas began to train students as members of his film crew. These positions were in high demand, since they offered pay, travel, and valuable experience. Hundreds of students have appreciated and benefited from Maas\u2019s attention. Even the acknowledged his \u201cgenerosity,\u201d the \u201cexceptional quality of his teaching and advising,\u201d and his \u201chabitual use of his influence to benefit his students.\u201d Even Maas\u2019s accusers were grateful for his affection\u2013until they changed their minds. The Accusations On May 31, 1994, two days after commencement, Maas received a mailing from a Sexual Harassment Counselor within the Arts College. Enclosed were four complaints, alleging sexual harassment by James Maas. They were accompanied by a cover letter, which informed Maas of the filing of the charges. The counselor declared that he had found the charges meritorious (even without investigation), and that the should sanction Maas. The allegations against Maas were first made by twin sisters that had worked on his film crews. They eventually found two other former crew members to join them as complainants. After graduating, the four women charged that kissing and hugs, exchanges of gifts, and various remarks made while working for Maas constituted a pattern of sexual harassment. In the proceedings that followed, Cornell prevented Maas from questioning his accusers, denied him the right to counsel and even the right to select an adviser, failed to adhere to its own definition of sexual harassment, and violated promises of confidentiality by waging an all- out publicity campaign against Maas. Although Maas was not found, according to Cornell, \u201cto have either had, or sought, an intimate sexual relationship with any of his students, nor to have engaged in [any] physically abusive behaviors,\u201d the university imposed sanctions against him. Share \uf39e \uf099 \uf0e1 2/17/25, 3:42 Maas v. Cornell University - Center for Individual Rights May 31%2C 1994%2C two,the filing of the charges. 2/3 1100 Connecticut Avenue NW, Suite 625 Washington 20036 P: 202-833-8400 Center for Individual Rights 2025 Privacy Policy About Cases Contact Newsroom Search \uf002 \uf39e \uf099 \uf0e1 2/17/25, 3:42 Maas v. Cornell University - Center for Individual Rights May 31%2C 1994%2C two,the filing of the charges. 3/3", "7302_106.pdf": "( ( Product & Services Subscribe Submit a paper Browse Rankings Blog \u2197 Contact \ue80c \ue802 Add Paper to My Library Download This Paper (Delivery.cfm/SSRN_ID1557817_code973828.pdf?abstractid=1557817&mirid=1) Open in Browser (Delivery.cfm/SSRN_ID1557817_code973828.pdf?abstractid=1557817&mirid=1&type=2) \ue903 Share: \ue91a \ue91e \ue904 \ue909 Free Speech Faces Hostile Environment: An Aggressive Hunt for Sex Harassment Leaves Plenty of Wreckage Baltimore Sun, p. 6C, February 11, 1996 3 Pages Posted: 23 Feb 2010 Kenneth Lasson ( University of Baltimore - School of Law Date Written: February 11, 1996 Abstract Take the case of James Maas, who has been teaching at Cornell University for more than 30 years and whose Psychology 101 is perhaps the largest undergraduate course in the country (attracting about 1,000 students every semester). He was won numerous teaching awards. In 1994, Mr. Maas was called before Cornell's \"Professional Ethics Committee\" to defend himself against charges of sexual harassment. The allegations centered around his \"overly friendly and affectionate behavior\" - which, it turns out, were hugs and occasional social kisses, most often in front of class or family. The most notable example of a professor who stood his ground against sexual-harassment charges is J. Donald Silva, a tenured member of the English faculty at the University of New Hampshire student in his technical writing course had asked for an example of a \"working definition.\" Mr. Silva offered a word-picture that he had used many times before. \"Belly dancing,\" he said, is \"like a plate of Jell with a vibrator underneath.\" Within days the professor stood accused of sexual harassment. Shortly thereafter he was suspended from his job, ordered to pay the university $2,000 for a replacement teacher, and directed to undergo psychological counseling with a university-approved therapist. The current climate has also served to chill campus civility and chivalry. There once was a time when hugging and kissing - the polite embrace or peck-on-the- cheek - was as much a matter of civility as the tip of a gentleman's hat. Now any such behavior, especially when it happens on campus, could well stir up litigious visions of a hostile environment, if not outright charges of sexual harassment. Keywords: Free Speech, Sexual Harassment, James Maas, Cornell University, J. Donald Silva, University of New Hampshire, Political Correctness Classification: K14, K19, I29 Suggested Citation Show Contact Information \ue807 \ue807 Download This Paper (Delivery.cfm/SSRN_ID1557817_code973828.pdf?abstractid=1557817&mirid=1) Open in Browser (Delivery.cfm/SSRN_ID1557817_code973828.pdf?abstractid=1557817&mirid=1&type=2) Do you have a job opening that you would like to promote on SSRN? Place Job Opening ( Paper statistics 2/17/25, 3:42 Free Speech Faces Hostile Environment: An Aggressive Hunt for Sex Harassment Leaves Plenty of Wreckage by Kenneth Lasson :\u2026 1/3 Quick Links Rankings About ( ( trk=tyah&trkInfo=clickedVertical%3Acompany%2CentityType%3AentityHistoryName%2CclickedEntityId%3Acompany_493409% ( ( ( Related eJournals View more 36 599 PlumX Metrics ( ssrn_id=1557817) Law, Norms & Informal Order eJournal ( Follow \ue90c Law & Society: Public Law - Crime, Criminal Law, & Punishment eJournal ( Follow \ue90c \ue807 Feedback \ue801 Submit a Paper ( \ue807 \ue805 \ue805 \ue805 \ue91a \ue91c \ue91e Copyright ( Terms and Conditions ( Privacy Policy ( All content on this site: Copyright \u00a9 2024 Elsevier Inc., its licensors, and contributors. All rights are reserved, including those for text and data mining training, and similar technologies. For all open access content, the relevant licensing terms apply. We use cookies to help provide and enhance our service and tailor content. To learn more, visit Cookie Settings. \ue90b 2/17/25, 3:42 Free Speech Faces Hostile Environment: An Aggressive Hunt for Sex Harassment Leaves Plenty of Wreckage by Kenneth Lasson :\u2026 2/3 ( 2/17/25, 3:42 Free Speech Faces Hostile Environment: An Aggressive Hunt for Sex Harassment Leaves Plenty of Wreckage by Kenneth Lasson :\u2026 3/3", "7302_107.pdf": "In a decision dated Jan. 7, 1999, the Appellate Division of the Supreme Court of the State of New York, in Albany, unanimously upheld the dismissal, in its entirety, of a lawsuit brought by Professor James Maas against Cornell University. The court's ruling, the fourth successive judicial determination that Maas' lawsuit against Cornell was without merit, affirmed the dismissal of Maas' final two claims that Cornell acted negligently in handling sexual harassment charges brought against him. In affirming, with costs, the March 23, 1998, ruling of Supreme Court Justice Phillip R. Rumsey dismissing the lawsuit, the five-member Appellate Division panel specifically noted that, in responding to Cornell's summary judgment motion (which the court noted was the equivalent of a trial), Maas had conceded \"that his mental injuries were the consequence of [Cornell's] lawful personnel decisions taken in good faith during the disciplinary action. This being the case, he cannot also establish that defendant was negligent in carrying out the disciplinary procedures against him.\" The lawsuit, which was filed in August 1995, sought damages allegedly suffered by Maas in connection with the university'' resolution of sexual harassment charges leveled against him by four of his former students. As a result of the charges, an elected faculty committee of the College of Arts and Sciences, the Professional Ethics Committee, unanimously found that Maas \"repeatedly behaved both unprofessionally and inappropriately in his relationship with [three of] these students and that in effect this behavior constituted sexual harassment\" and that Maas \"committed harassment of a more manifestly sexual and egregious sort\" with the fourth student. The dean of the college and the university provost upheld the committee's determination. The lawsuit originally alleged eight separate claims and damages of more than $1.5 million. In a Sept. 10, 1996, decision, Justice Rumsey dismissed six of the eight claims. Following Maas' appeal of this ruling, the Appellate Division affirmed Rumsey's decision in a Dec. 11, 1997, opinion, ruling that Cornell properly adopted its sexual harassment guidelines and properly applied those procedures to the Maas case. In a Feb. 23, 1998, decision and order, the Appellate Division also denied Maas' requests for reargument of the appeal and for permission to appeal to the New York Court of Appeals Appellate court upholds dismissal of Maas suit against Cornell By Henrik N. Dullea January 11, 1999 (/#facebook) (/#twitter) (/#email) ( upholds-dismissal-maas-suit&title=Appellate%20court%20upholds%20dismissal%20of%20Maas%20suit%20against%20Cornell) 2/17/25, 3:42 Appellate court upholds dismissal of Maas suit against Cornell | Cornell Chronicle 1/2 In the March 23, 1998, ruling just affirmed by the Appellate Division, Rumsey dismissed the remaining two claims in Maas' lawsuit and denied Maas' request to amend his complaint to allege new theories of liability against Cornell. In his decision, Rumsey wrote, \"It is not the court's function to judicially tailor the complaint to make it fit the plaintiff's need or desire for a forum.\" In affirming, the Appellate Division noted that Maas' efforts to assert a new claim were inconsistent with his earlier position in the lawsuit and held that he could not now assume a contrary position \"owing to changed interests since all claims in this action have been dismissed....\" The court also noted that Maas had abandoned his attempt to assert a fraud cause of action against the university, having not pursued it in his brief on appeal. The Appellate Division's ruling totally disposes of Maas' claims against the university, although Maas may make a motion to be permitted a further appeal to the New York Court of Appeals. Cornell University Counsel James J. Mingle said today that he is gratified that the courts of New York continue to confirm the university's position from the outset that the lawsuit had no merit. \"This case has now been reviewed on at least four separate occasions by two separate courts, both trial level and appellate, and the university's position has been upheld on each review. This case has received more judicial scrutiny than most, and Professor Maas' concession, as expressly noted by the Appellate Division, that the university's action was both lawful and taken in good faith, further supports the propriety of the university's actions in this matter,\" Mingle said. The lawsuit against Cornell was filed by the Center for Individual Rights, an advocacy group based in Washington, D.C., on behalf of Maas in 1995. He was also represented by David A. Stoll of New York City and Raymond M. Schlather of Ithaca Media Relations Office [email protected] (mailto:[email protected]) \uf2be607-255-6074 (tel:607-255-6074) Get Cornell news delivered right to your inbox (/ABOUT/SUBSCRIBE-NEWSLETTER) 2/17/25, 3:42 Appellate court upholds dismissal of Maas suit against Cornell | Cornell Chronicle 2/2"} |
7,478 | Srinarayan Sharma | Oakland University | [
"7478_101.pdf",
"7478_102.pdf",
"7478_103.pdf"
] | {"7478_101.pdf": "Oakland Post Oakland University's Independent Student Newspaper Table of Contents annotated (does not include downloaded items from news services) 2011 2011-01-05 Vol. 37, no. 17 Clinic will be positive, not 'predatory'. Staff editorial. p. 3. [Proposed Planned Parenthood facility in Auburn Hills is meeting with some opposition] Time for a real change, by Annie Stodola. p. 4. [Facebook campaign to stop violence against children is not enough; people must also volunteer] Hefner: permanent playboy, loving husband, by Daud Yar. p. 4. Worth the waiting list, by Rhiannon Zielinski. p. 5. [Nursing program continues to expand and attracts students] Campus Briefs, by Kay Nguyen. p. 6. [Thomas Friedman lecture event Art Gallery exhibition by Cynthia Greig] Honor students choose theses, by Nichole Seguin. p. 7. [Intro to Thesis course helps students get through their thesis project] Winter Welcome Week brings events, by Emma Claucherty. p. 8. Grizzlies off and running, by Dan Fenner. p. 9. [Athletics: Men's basketball] Lions' win streak could prove costly, by Jake Thielen. p. 11. [Detroit Lions commentary] Fantasy football has gone from fantasy to reality, by Kyle Bauer. p. 11. Lights, camera, Emagine, by Jen Bucciarelli. p. 12. [Emagine Theatre celebrates grand opening of University Archives and Special Collections 2/21/25, 6:48 Oakland Post - Archives Libraries 1/30 renovated movie theatre in Rochester Hills partnering with charity Assistance League of Southeastern Michigan] Focusing in: Passion turns into business, by Ali Armstrong. p. 16. [Senior Mioara Dragan's photography is highlighted] Don't stop the beat, by Nichole Seguin and Kay Nguyen. p. 17. [Several Alums hosting campus radio shows] Professor profiles, by Nichole Seguin. p. 17. [Spotlight on philosophy assistant professor Mark Navin] Detroit preserves puppetry, by Annie Stodola. p. 18. [PuppetART theatre showcased] Records & reels, by Kevin Romanchik. p. 19. [Movie commentary for \"Country Strong\" and \"Season of the Witch\"] 2011: Fearing the worst, by Dan Fenner. p. 20. [Satire] 2011-01-12 Vol. 37, no. 18 Support the Grizzlies. Staff editorial. p. 3. [Show support and attend basketball games] Don't be too quick to tweet, by Sarah Wojcik. p. 4. [News organizations should wait for accurate information before reporting on Twitter] We haven't checked out, so you shouldn't either, by Brandon Gustafon and Amy Ring. p. 4. [Message from Student Congress President and Vice President] State of the University, by Mike Sandula. p. 5. [Coverage of President Russi's presentation titled \"Success and New Context\" Campus Briefs, by Lauryn Andrews. p. 6. [World Percussion Day, Keeper of the Dream Scholarship, Relay for Life of Oakland University, African-American Celebration Month (AACM) Opening Ceremonies] Late Night Skate Night rolls in, by Megan Semeraz. p. 6. [Welcome week event hosted by campus SPB] Campus plays host to conference, by Rhiannon Zielinski. p. 6. [Students Association of Michigan conference] Students prepare for Day of Service, by Ali Armstrong. p. 7 Day of Service volunteer event held at Pontiac High School] Student Congress welcomes new legislative affairs director, by Jake Thielen. p. 7. [Introduction to new student congress leaders] Board of Trustees approves severance plan, by Kay Nguyen. p. 8. [Information about the Early Retirement Severance package] Fencing team rises up, by Tom Barry. p. 9. [Athletics] Grizzlies improve to 6-0, by Dan Fenner. p. 10. [Athletics: Men's basketball] Records fall as swims to victory, by Tom Barry. p. 11. [Athletics: Men's and women's swimming] Francis earns 100th career conference win, by Ryan Hegedus. p. 12. [Athletics: Women's basketball] Local briefs, by Jen Bucciarelli. p. 13. [Eco-conscious restaurant closes for winter season in downtown Rochester Day 2011, Paint Creek Trailways Commissions Meeting in Rochester] Turning tragedy into charity, by Ali Armstrong. p. 16. [Student Mike Morris starts non-profit organization Forever Adventure, Inc. in honor and remembrance of his friend John Hitz] 2/21/25, 6:48 Oakland Post - Archives Libraries 2/30 Professor profiles, by Nichole Seguin. p. 16. [Spotlight on Art History professor Susan Wood] Beating winter blues, by Emma Claucherty. p. 17. [Seasonal Affective Disorder (SAD) symptoms and where to go for help on campus announces top of tech, by Kaitlyn Chornoby. p. 18. [New tech products showcased at annual Consumer's Electronics Show in Las Vegas] \"39 Steps\" starts season, by Kevin Romanchik. p. 19. [Meadow Brook Theatre 2011 opening production] Local jazz artist brings voice to Varner Hall, by Mike Sandula. p. 19. [Kathy Kosin's performs at Varner Recital Hall] Records & Reels, by Kevin Romanchik. p. 19. [Music and movies reviewed] The sky really is falling, by Mike Sandula. p. 20. [Satire] 2011-01-19 Vol. 37, no. 19 Bans aren't always bad. Staff editorial. p. 3. [Gun control] 'Tiger mother' is more than a bad parent, by Kay Nguyen. p. 4. [Commentary on Amy Chua's book \"Battle Hymn of the Tiger Mother\" and Wall Street Journal article entitled \"Why Chinese Mothers are Superior\"] Honoring MLK, by Megan Semeraz. p. 4. [Keeper of the Dream event] Campus briefs, by Lauryn Andrews. p. 5. [Detroit Tigers at OU, Whose borders are they?, Afternoon with Regina Carter, Thrown off a plane presents racing car at auto show, by Andrew Craig. p. 6. Pediatric retinal research lab to open in Dodge Hall, by Ali Armstrong. p. 6. [First laboratory in the country dedicated to pediatric retinal research at OU] Event kicks off with music, dance, by Lauryn Andrews. p. 7. [Campus begins month long African American Celebration] 'Report and Support' seeks to minimize harm, by Kay Nguyen. p. 8. [Campus program to deal with students with behavioral issues jump to the next level, by Jake Thielen. p. 9. [Athletics: Women's basketball] Huggies and Homework, by Tiffany Sood. p. 10-11. [Students Kim Urbanowski, Jasmine Cowl and Jaky Van Dox successfully manage motherhood and college] Professors have kids too, by Nichole Seguin. p. 11. [Assistant professor of sociology Amanda Burgess- Proctor shares personal experiences and advice with college students with children] Figure skating club offers collegiate skating options, by Emma Claucherty. p. 12. [Athletics] Fans cheer Grizzlies to road win, by Ryan Hegedus. p. 13. [Athletics: Men's basketball] Oakland takes early lead in Nike's Campus Roar Contest. p. 13. Synder's first State of the State Address: What it means to Michiganders, by Jen Bucciarelli. p. 14. [Commentary on Michigan Governer Rick Snyder's address] Transforming friendships, by Nichole Seguin. p. 16. [Personal relationship experiences of students going from 'best friend' to 'boyfriend'] Professor profiles, by Nicole Friess-Peters. p. 16. [Spotlight on assistant professor of Health Sciencesk, 2/21/25, 6:48 Oakland Post - Archives Libraries 3/30 Jennifer Lucarelli little something new', by Sarah Wojcik. p. 18. [Meadow Brook Theatre productions '39 Steps', 'Reunion Musical Epic', 'Ding Dong', and 'Shout! The Mod Musical'] Eminem, local and live, by Kevin Romanchik. p. 19. [Review of Eminem's release \"The Comerica Park Mixtape\"] New methods of charging, even on the go, by Kaitlyn Chornoby. p. 19. [Methods to charge your electronic devices] Hey, what's your sign?, by Dan Fenner. p. 20. [Satire] 2011-01-20 Vol. 37, no. 20 Keep it classy, Grizzlies. Staff editorial. p. 3. [Don't abuse drinking privilege at first ever alcohol allowed university sanctioned tailgate] Closer to home, by Megan Semeraz. p.5. [OU-Macomb campus in Clinton Township offers alternative location for students convenience] Campus briefs, by Lauryn Andrews. p. 5. [Winter Career Fair, Economic seminar series, Living Proof, 'Brother Mine' and beyond, Business majors expo] Man 'thrown off a plane' shares his story, by Ali Armstrong. p. 6. [Motivational speaker Johnnie Tuitel spoke on campus as part of African-American Celebration month] President Russi presents slideshow at meeting, by Jake Thielen. p. 6. Students gather to discuss Friedman best-seller, by Katie Jacob. p. 7. [Campus meeting to discuss Thomas Friedman's best-seller \"Hot Flat and Crowded: Why We Need a Green Revolution and How It Can Renew America\"] New Elliott cafe to offer Starbucks, by Lauryn Andrews. p. 7. [Timothy and Marsha Healy Cafe is scheduled to open late February] Homecoming weekend approaches, by Andrew Craig. p. 8. [Things to do on campus to celebrate homecoming] Grizzlies achieve long-term goal, turn attention to ORU, by Dan Fenner. p. 9. [Athletics: Men's basketball] Gymnastics vaults to club status at OU, by Emma Claucherty. p. 10. [Athletics: Gymnastics] Loyalty has become undervalued in sports, by Ryan Hegedus. p. 11. [Unfortunate trend of college coaches leaving programs after brief periods] Breaking the ice, by Annie Stodola. p. 12. [Downtown Rochester Fire and Ice Festival] Low results for higher learning, by Nichole Seguin and Mike Sandula. p. 13 comparison of data published in book \"Academically Adrift: Limited Learning on College Campuses\"] Students watch, react to State of the Union, by Sarah Wojcik. p. 14. Chinese course resurfaces, by Ali Armstrong. p. 17 [Assistant Professor Shuishan Yu teaches course in Chinese architecture] Professor profiles, by Rhianna Marks. p. 16. [Spotlight on Instructor of Sociology, Vince Carducci] Prestigious med program admits first student, by Annie Stodola. p. 17. [Student Subha Hanif attended the Summer Medical and Dental Education Program (SMDEP) at the University of Virginia] 2/21/25, 6:48 Oakland Post - Archives Libraries 4/30 Re-righting the wrongs, by Kaitlyn Chornoby. p. 18. [Current exhibition at the Oakland University Art Gallery is \"Cynthia Grieg: Subverting the (Un)Conventional\"] Mouthing Off: Campus conspiracy identified in Room 856, by Oakland Post Staff. p. 20. [Satire] 2011-02-02 Vol. 37, no. 21 Dial up the dialogue. Staff editorial. p. 3. [Students should report any major problems they have with a Professor as soon as possible] Protests present problems, new and old, by Daud Yar. p. 4. [Arab nations and political upheavals] Sharma proceedings underway, by Mike Sandula. p. 5 Professor Srinarayan Sharma charged with stalking former student] Campus Briefs, by Lauryn Andrews. p. 6. [Kresge welcomes Charles Pugh, Chinese New Year Celebration, Chamber Orchestra performance, Thomas L. Friedman, Etiquette Dinner] Alumni meet at Meadow Brook, by Rhiannon Zielinski. p. 6. [Welcome reception for Alumni part of Homecoming celebrations] Workshop teaches textbook reading strategies, by Mayuri Munot. p. 6. [Academic Skills Center sponsored workshop] Advising launches redesigned website, by Rhiannon Zielinski. p. 7. [Academic Advising has updated website offering comprehensive information and resources] San Marino partnership sends students to Italy, by Nichole Seguin. p. 8. [University of San Marino offering art history and art conservation program] Grizzlies' defense overwhelms Centenary in second half surge, by Dan Fenner. p. 9. [Athletics: Men's Basketball] Calhoun's 28 points not enough as falls, by Ryan Hegedus. p. 10. [Athletics: Women's basketball] Avoiding the sophomore slump, by Dan Fenner. p. 11. [Athletics: Men's Basketball] Oakland sweeps Michigan State on Senior Day, by Tom Barry. p. 12. [Athletics: Swimming] Homecoming hits OU:pictorial. p. 13. Activism drives cafe, by Sarah Wojcik. p. 15. [Alum Carol Kaplan is owner of Nana's Gourmet Comfort World Co.] Tuned into Fireside Lounge, by Katie Evans and Mike Sandula. p. 19. [Piano in Oakland Center Fireside Lounge is open to anyone who would like to play] Swiping with a big smile, by Emma Claucherty. p. 20. [Spotlight on Vandenberg dining center cashier Patricia Wiseman] The sound of the future, by Annie Stodola. p. 22 strike and it't impact on music students] Auburn Hills downtown city guide, by Megan Semeraz. p. 23. [Pictorial guide] Snowpocalypse obliterates the Midwest, by Brian Figurski. p. 24. [Satire] 2011-02-09 Vol. 37, no. 22 OU's logo overload. Staff editorial. p. 3 needs to pick a logo and brand itself] Support of dictatorship in Egypt must end, by Laua Landolt. p. 4. [United States and foreign policy in Egypt] 2/21/25, 6:48 Oakland Post - Archives Libraries 5/30 Celebrating a new year, by Nichole Seguin and Megan Novak. p. 5. [Chinese New Year Celebration campus event] Campus Briefs, by Lauryn Andrews. p. 5. [Thomas Friedman postponed, Arab world panel discussion taste of Africa, Wind Symphony performance, National Alcohol Screening Day] Detroit City Council President visits campus, by Lauryn Andrews. p. 6. [Charles Pugh speaks at Kresge Library as part of African American Celebration Month] 'Not for Sale' event to explore human trafficking, sex slavery, by Emma Claucherty. p. 6 Student Congress hosts event to raise awareness of sex trafficking and how they can help ending it] Wall finally falls in the lounge, by Lauryn Andrews. p. 7. [The Gender and Sexuality Center's space has been opened up since a wall was taken down] Achieving quiet success, by Jake Thielen. p. 8. [Athletics: Hockey Internal decisions lead to Pistons' struggles, by Ryan Hegedus. p. 9. [Detroit Pistons empire falls] Identity What is Oakland's?, by Kay Nguyen and Nichole Seguin. p. 10-11. [History of logos and plans for creating a brand] Violent protests, uprising grip Egypt, by Sarah Wojcik and Rhiannon Zielinski. p. 13. [Political uprising in Egypt] Taking on everything, by Ali Armstrong. p. 14 student Tom Cruz is involved with numerous student organizations] Professor profiles, by Mayuri Munot. p. 14. [Spotlight on Hye Seung Chung, Assistant professor, English and Cinema Studies] 'Brother Mine' highlights unique relationships, by Ryan Hegedus. p. 15. [Book review of \"Brother Mine\" written by professor Dr. Kathleen Pfeiffer] Humor in misconnection, by Rhiannon Zielinski. p. 17. [Musical \"Bells are Ringing\" latest program] Detroit defined through art, by Kevin Romanchik. p. 18. [Spotlight on Detroit artist Tony Roko] Orchestra finishes third concert, prepares for final, by Kaitlyn Chornoby. p. 18 Chamber Orchestra] Chinese New Year inspires conquest, by Andrew Craig. p. 20. [Satire] Surviving the impending Valentine's Day, by Brian Figurski. p. 20. [Satire] Oakland Post Top Ten, Super Bowl halftime acts that would have been better than the Black Eyed Peas, by Oakland Post staff. p. 20 [Humor] 2011-02-16 Vol. 37, no. 23 small price to pay. Staff editorial. p. 3. [Increase in Student Activity Fee would produce worthy benefits] So you want to be the student body president?, by Brandon Gustafson and Amy Ring. p. 4. Egyptian youth changed Egypt, the Middle East and the world, by Dr. Ola Elsaid. p. 4. [Guest column] Expanding engineering, by Annie Stodola. p. 5. world [Information and benefits of the future Engineering Center] 2/21/25, 6:48 Oakland Post - Archives Libraries 6/30 'Creating the future' for OU, by Kay Nguyen. p. 6. [Second in a two-part series exploring the branding of OU] Campus Briefs, by Lauryn Andrews and Jake Thielen. p. 7. [History Comes Alive lecture series Closing Ceremonies party, Graduate Open House, European Night, Rec Center bouldering wall] Muggle Quidditch League begins training for season, by Ali Armstrong. p. 8. Leader dogs for the blind trained on campus, by Megan Semerez. p. 9. [Student Dave Barber is highlighted] Grizz Express to convert into 'grab-n-go convenience store', by Emma Claucherty. p. 9. [New food service store in Oakland Center] Campus celebrates African culture, by Lauryn Andrews. p. 10. [Taste of Africa Gala annual event held during African American Celebration month] Grizzlies survive late scare, by Ryan Hegedus. p. 11. [Athletics: Men's basketball Day in the life of..., by Nichole Seguin and Tiffany Sood. p. 12-13. [Vice President of Student Affairs, Mary Beth Snyder and officers, Lt. Mel Gilroy and Captain Mark Gordon are spotlighted] Oakland drops to third in Summit League, by Jake Thielen. p. 14. [Athletics: Women's basketball] Swim team prepares for run at Summit title, by Tom Barry. p. 15. [Athletics: Swimming] Striking response to abortion, by Katie Jacob. p. 17. [Protestors included students at the site of a future Planned Parenthood facility] Becoming a master of the mind, by Mayuri Munot. p. 18. [Raja Yoga Meditation Series taught by Dr. Shvetank Agarwal] Pepping up the crowd, by Ali Armstrong. p. 20. [What it takes to be a Golden Grizzly Athletic Band member] Professor profiles, by Andrew Craig. p. 20. [Spotlight on Music Education instructor, Ron DeRoo] Love songs, tales in a cappella, by Annie Stodola. p. 21. [Co-ed a cappella group Gold Vibrations Valentine's Day concert and information about the group Student Video Productions presents: Sideline sports wrap, by Andrew Craig. p. 21. '80s film advises students today, by Kaitlyn Chornoby. p. 22. [Review of movie \"Take me home tonight\" starring actor Topher Grace] Open mic night moves to for weekly talents, by Sarah Wojcik. p. 23. [Word of Mouth student organization activity] The great Snuggie struggle, by Mike Sandula. p. 24. [Satire] 2011-03-02 Vol. 37, no. 24 Giving incentive to Mich. Staff editorial. p. 3. [Proposed end to Michigan Film Incentive should cause state to produce other creative industries and the continued support of higher education] Being broke does not mean leaning away from local, by Annie Stodola. p. 4. [Students should shop at Rochester shops to keep local college town atmosphere] Proposed creative writing proves 'point of contention', by Mike Sandula. p. 5. Campus briefs, by Kevin Graham. p. 5. [English poetry contest, 'Borders and Frontiers' explored, John Gallagher presentation, European Night] 2/21/25, 6:48 Oakland Post - Archives Libraries 7/30 Celebration ends with '70s festivities, by Andrew Craig. p. 6. [African American Celebration Month events election campaign season back in full swing, by Kay Nguyen. p. 6. [Requirements for candidacy and important event dates Can Tri' second annual triathlon, by Kaitlyn Chornoby. p. 7. [Recreation Center hosts indoor triathlon] Atheist club formed with a 'positive view', by Kaitlyn Chornoby. p. 8. [New student organization] Men's Basketball Summit League Tournament Preview, by Dan Fenner. p. 10. [Athletics: Men's Basketball] Club lacrosse aims for 5th division title, by Shawn Minnix. p. 11. [Athletics: Women's lacrosse] Women's Basketball Summit League Tournament Preview, by Ryan Hegedus. p. 12 [Athletics: Women's Basketball prepares for steep cuts, by Mike Sandula and Nichole Seguin. p. 13. [Gov. Rick Synder's budget cuts will reduce OU's state appropriations by almost a quarter] College students cut costs by living in closets, by Jen Bucciarelli. p. 13. [Decline in housing markets contributes to rise in rental properties and zoning ordinance violations familiar face for children, by Lauryn Andrews. p. 15 Day in the Life of Julie Ricks-Doneen, Director of the Lowry Center] Showcasing diversity, by Nichole Seguin. p. 16. [Student Tara Michener writes children's books and is the Founder and President of the Black Women in Business Brainstorm] Professor profile, by Sarah Wojcik. p. 16. [Spotlight on Kevin Laam, Associate Professor of English] From sea raiders to reptilians, by Kaitlyn Chornoby. p. 17. [Interview with film director Gore Verbinski] Musician is 'Ready' to continue first headlining tour, by Megan Semeraz. p. 17. [Interview with performer Jordan Witzigreuter sole member of \"The Ready Set\"] Music hazardous to health, by Brian Figurski. p. 19. [Satire] 2011-03-09 Vol. 37, no. 25 Taking time out for students. Staff editorial. p. 3. [Disability Student Support services proposes a change in services] Good decision defends bad rhetoric, by Kay Nguyen. p. 4. [Supreme Courts decision in the Westboro Baptist Church protects our right to free speech but unfortuneately protesters are displaying the most negative side of human nature disputes policy, by Rhiannon Zielinski and Mike Sandula. p. 5. [Disability Student Support services initiates controversial policy change] Campus briefs, by Kevin Graham. p. 5 Exercise-A-Thon, Education career fair, Health career exploration, Clarinet meets dance, Government career mixer] Students get taste of Europe at event, by Andrew Craig. p. 6. [International event sponsored by more than a dozen student organizations candidates meet, greet students, by Ali Armstrong. p. 7. [Getting acquainted with candidates] Stranger than fiction: Dept. holds contest, by Lauryn Andrews. p. 8. [English Department sponsoring 2/21/25, 6:48 Oakland Post - Archives Libraries 8/30 two writing contests: 12th Annual Flash Fiction Contest and the 2011 Poetry Contest] Student Writers Group returns, by Ali Armstrong. p. 8. Campus to host history conference, by Annie Stodola. p. 8. [Phi Alpha Theta hosting regional conference at on March 26, 2011] Professor writes poems in 'Blood', by Mike Sandula. p. 9. [English Professor Ed Haworth Hoeppner is the winner of the 2010 Ohio State University Press Award in Poety for \"Blood Prism\"] Making steady progress, by Jake Thielen. p. 10. [Athletics: Hockey] Sporting Blitz, by Tom Barry. p. 11. [Athletics: Men's Swimming, Baseball, Tennis, Softball] Back to the Big Dance, by Dan Fenner. p. 12-13. [Athletics: Men's basketball Summit League Tournament Coverage] Summit slips away, by Dan Fenner. p. 14-15. [Athletics: Women's basketball] City celebrates 150 years, by Annie Stodola. p. 17. [Events to celebrate 150th anniversary of the incorporation of the city of Pontiac] Lending a helping hand, by Ali Armstrong. p. 19. [New campus organization Leadership Consultants program was created to help student organizations learn leadership skills and themes] Professor profile, by Megan Semeraz. p. 19. [Spotlight on Hilly Greiner-Hallman, Special Lecturer, Biological Sciences] Maternal figure for Honors students, by Tiffany Sood. p. 20 day in the life of Dawn Deitsch, secretary for the Honors College] Finding clarity through collage, by Sarah Wojcik. p. 22 Art Gallery exhibit \"Borders and Frontiers\", the College of Arts and Sciences Liberal Arts 2010-11 theme] Musician Lupe Fiasco brings new sound to campus, by Ryan Hegedus. p. 22. Turbulence from the tablet takeover, by Kaitlyn Chornoby. p. 23. [Descriptive details on iPad 2, Motorola Xoom and Blackberry Playbook] Sex, drugs and tiger blood, by Brian Figurski. p. 24. [Satire] 2011-03-16 Vol. 37, no. 26 Drop the chant! Drop the chant! Staff editorial. p. 3. [Stop the foul \"poop your pants\" chant during men's basketball] Save the environment: Diversify our economy, by Andrew Craig. p. 4. [Excessive extraction of natural resources for economic growth is no longer possible] Free food is not cheap, by Mike Sandula. p. 5. [Student organizations frequently have catered food at their events but there's mixed reviews on whether it's a good practice] Campus briefs, by Kevin Graham. p. 6. [History Comes Alive, Border Security Lecture, Thomas Friedman, Ekphrasis Poetry Contest] Campus gets fit, raises money, by Megan Semeraz. p. 7. [Group Exercise-A-Thon event to support charity group of Michigan] Registration around the corner, by Lauryn Andrews. p. 7. [Combined fall 2011and winter 2012 registration marks second year offered] Grievances filed in student congress elections, by Kay Nguyen. p. 8. 2/21/25, 6:48 Oakland Post - Archives Libraries 9/30 Film Festival tackles taboo topics, by Rhiannon Zielinski. p. 9. [Women and Gender Studies Film Festival highlights] Brewing Attention, by Kevin Romanchik. p. 10-11. [Local Microbreweries: Dragonmead, Bastone Brewery, Rochester Mills Beer Company, Kuhnhenn Brewing Co., Paint Creek Tavern] Grizzlies thrown a 'curve ball', by Dan Fenner. p. 12. [Athletics: Men's Basketball and Tournament] The gentlest martial art, by Emma Claucherty. p. 13. [Athletics: Judo Club] Sporting Blitz, by Tom Barry. p. 13. [Athletics: Baseball] Rugby arrives at OU, by Emma Claucherty. p. 14. [Athletics: Women's rugby rates rise, spur warning, by Jen Bucciarelli. p. 15. [Info on types,symptoms and treatment of STD's. Graham Health Center offering free screenings in April for awareness month] From beats to graphics, by Nichole Seguin. p. 16. [Student Drew Parker makes rap music and does graphic design] Professor Profile, by Veronica Leontyeva. p. 16. [Spotlight on Jason Schmitt, Special Lecturer, Communications] Becoming a 'Super Fan', by Desiree Pettiford and Nichole Seguin. p. 17. [Student Niklas Rippon attends all home sport events short of his own 'who's there?' affair, by Lauryn Andrews. p. 18. [Meadow Brook Theatre production of \"Ding Dong\"] Jazz band to perform with trumpeter Marvin Stamm, by Megan Semeraz. p. 18. [Oakland Jazz Band performing at Varner Recital Hall] Technology is scamming us/ Mouthing off, by Kevin Graham. p. 19. [Satire] 2011-03-23 Vol. 37, no. 27 Conflict of interest. Staff editorial. p. 3. [Student Activity Fund Assessment Committee allowing to make decisions regarding percentage changes with student activities funds is wrong because they have a stake in the issue] Wisconsin protests bring voices together and unify, by Susan Russell guest columnist. p. 4. 'Egypt is not Las Vegas', by Katie Jacob. p. 5. [Thomas Friedman's lecture summarized] Campus briefs, by Kevin Graham. p. 6. [Authors at Oakland, Benjamin Pierce concert academic forum, Poetry Slam, Kicks for Kidneys] Degree in Three offers alternative, by Ali Armstrong. p. 6 candidates debate Greek life, parking, by Ali Armstrong. p. 6 event] Students honored with awards, by Kaitlyn Chornoby. p. 7. [Wilson Award winners] English class assists Salvation Army relocation, by Lauryn Andrews. p. 8. Students apply for marriage licenses as peaceful protest, by Rhiannon Zielinski. p. 8. [Four students active in Gay Straight Alliance and the Gender and Sexuality Center try to apply for marriage licenses at Oakland County Clerk's office] End of the road for Oakland, by Jake Thielen. p. 9. [Athletics: Men's basketball] Wings' goaltending not a pressing issue, by Jake Thielen. p. 10. [Commentary on Red Wings softball begins 11-game homestand, by Ryan Hegedus. p. 11. [Athletics: Women's softball] 2/21/25, 6:48 Oakland Post - Archives Libraries 10/30 2011 Student Congress Voting Guide/Candidate Platforms, by Ali Armstrong and Paula Andrus. p. 12- 13. Visiting for the veggie vibe, by Ryan Hegedus. p. 14. [Annual VegFest showcased along with special guests'] Former campus leader indicted for perjury, by Kay Nguyen. p. 14. [Alum Michael McGuinness implicated in an alleged fraudulent scheme involving a Michigan election last fall] Almost Famous, by Nichole Seguin. p. 18. [Experiences of students who share names with celebrities] New leaders instill spirit, by Ali Armstrong. p. 19. [Unique University Jobs: Orientation Group Leaders] Professor Profile, by Delena Sanders. p. 19. [Spotlight on Keith Dye, Special Lecturer History] From around the world, by Annie Stodola. p. 20. [Oakland University World Music Concert will showcase members of the world music ensembles offered at challenges knowledge of tech-savvy students, by Kevin Graham. p. 20. [\"Best Tech\" show hosted by students Clayton Cortez and Kristina Karamo features news on anything electronic, including what's hot in video games] Fiasco develops his hip-hop niche, by Ryan Hegedus. p. 21. [Bio on hip-hop artist Fiasco, whose real name is Wasalu Muhammad Jaco] Glover hosts award show, increases success, by Kaitlyn Chornoby and Bryan Culver. p. 22. [Spotlight on Donald Glover who's career includes writer, actor, comedian and musician] Are lunar theories just loony?, by Brian Figurski. p. 23. [Satire] 2011-03-30 Vol. 37, no. 28 Editorially speaking. Staff editorial. p. 3. [Student paper Outcry reveals parallel student editorials between back then and now] Support organizations by voting for Proposal 1, by Nichole Seguin. p. 4. Continuity is important for student organizations, old and new, by Jomar Mabborang / Guest columnist. p. 4. [Student organizations need to fill their cabinet positions for next Fall as soon as possible] 'Wild and crazy', by Jake Thielen. p. 5 President Brandon Gustafson and Vice President Amy Ring comment on their accomplishments and experience in office] Campus briefs, by Kevin Graham. p. 5. [Chorus and Chorale, Privacy Lecture, Ekphrasis Poetry Contest, Kicks for Kidneys, Summer Law Institute] Presidential hopefuls debate platform goals, by Ali Armstrong. p. 6 election event room expansion ceremony spills into hall, by Kevin Graham. p. 6. [Gender and Sexuality Center ribbon cutting] Students to be featured at 10th Festival of Writers Showcase, by Emma Claucherty. p. 7. Faculty honored for journal publications, by Megan Semeraz. p. 8. [Authors at Oakland event featured] Scholar discusses global debt at Gorlin Memorial Lecture, by Lauryn Andrews. p. 8. [Dr. Carmen M. Reinhart featured speaker] Grizzlies primed to attack, by Ryan Hegedus. p. 10. [Athletics: Baseball] Chance for redemption, by Shawn Minnix. p. 11. [Athletics: Women's lacrosse] 2/21/25, 6:48 Oakland Post - Archives Libraries 11/30 Local briefs, by Jen Bucciarelli. p. 12. [Michigan's new driver's license, World Health Day: April 7, 2011, Arbor Day: April 29, 2011] Creating cheaper healthcare for youths, by Annie Stodola. p. 13. [Affordable Health Care Act and students experiences] Building dedications tell a story, by Kay Nguyen. p. 15 building history; Jan and Don O'Dowd, Sebastian Kresge, John Hannah, and Woody Varner] Secrets revealed on communal wall, by Emily Richard. p. 16. [Resident Assistant Alexa Van Vilet created the Secrets Wall in West Vandenberg Hall; a place to tell all anonymously] Back on the stage, by Kaitlyn Chornoby. p. 17. [Comedian John Oliver interview] Wireless show previews new, upcoming gadgets, by Kaitlyn Chornoby. p. 18. [International Wireless Show 2011 product highlights] Hey - I'm really mad at you, by Brian Figurski. p. 19. [Satire] 2011-04-06 Vol. 37, no. 29 How do students rate? Staff editorial. p. 3. The 'Kill Team' story should embarrass U.S., by Kevin Romanchick. p. 4. [Commentary on Rolling Stone article about Bravo Company's Third Platoon stationed in Afghanistan] Students should take evaluations seriously, by Jason Willis. p. 4. [Teacher evaluations are worth the time to complete] Evolving OU: Part II, by Kay Nguyen. p. 5-6. [Creating the Future Summit to generate ideas from the local community for building and its brand] Creative writing major passes through BOT, by Mike Sandula. p. 6. Physics professor honored with distinguished education award, by Megan Semeraz. p. 7. [Dr. Gopalan Srinivasan named one of Michigan's Distinguished Professors] Campus Briefs, by Kevin Graham and Rhiannon Zielinski. p. 9. [Financial planning program, Careers get personal, Poetry Slam Family Fun Day, MaTilDa Awards, Vocal jazz and jazz combos, Harp concert, Senior thesis in studio art, International Night 2011, Guitar Day] Eveslage/Malile elected to OUSC, by Ali Armstrong. p. 9. [Interview with newly elected President and Vice President] Dance team returns to Disney, by Emma Claucherty. p. 10. [Athletics Dance team competed at the Universal Dance Association College Cheerleading and Dance Team National Championships] Grizzlies brave the cold to earn split with WMU, by Tom Barry. p. 11. [Athletics: Softball] Sporting Blitz, by Ryan Hegedus. p. 11. [Athletics: Baseball, Women's track, Women's lacrosse, Women's tennis by the numbers, designed by Jason Willis. p. 12-13. [Counts of various happenings on campus between the hours of noon-1:00] Hostel adds to city's revitalization, by Annie Stodola. p. 14. [Hostel Detroit to open in North Corktown Day in the Life of ...Dictated by rigorous schedule President, by Nichole Seguin. p. 15. [Gary Russi] From to Chick-fil-A, by Ali Armstrong. p. 16. [Student Alexa Van Vliet is involved in many campus 2/21/25, 6:48 Oakland Post - Archives Libraries 12/30 activities] Professor Profile, by Sarah Hunton. p. 16. [Spotlight on Jeffrey Zook, Applied Instructor, Music Performance] Singing for Sheen a 'losing' feat, by Nichole Seguin. p. 18. [Student Lisa Jacques performed the national anthem at Charlie Sheen's Detroit show \"My Violent Torpedo of Truth/Defeat is Not an Option\"] Back to the roots of drama, by Sarah Wojcik. p. 20. [MTD's 'Pageant Play'] Wilson Hall hosts finale of professional artist series, by Lauryn Andrews. p. 20. [Professional Visiting Artist Lecture Series sponsored by Art and Art History Department] Former Golden Grizzly makes his mark in the music business, by Andrew Craig. p. 22. [Spotlight on alum Pato Margetic who is recording and performing locally] Horrid disease hits campus community, by Ivee West, Guest Columnist/Assumed name. p. 23. [Commuter Apathy Syndrome - what is it and how to get over it] Oakland Post Top Ten, by Andrew Craig. p. 23. [Things that are more fun than finals week] 2011-04-13 Vol. 37, no. 30 Retaining students. Staff editorial. p. 4. Take time to practice professional writing, by Ryan Hegedus. p. 5. [Personal and professional advantages writing for The Post] Detroit is on its way back - stay and be a part of it, by Annie Stodola. p. 5. [Advocate to volunteer or work in Detroit] Punditry less a wreck with absence of Beck, by Daud Yar. p. 6. [Commentary on Fox News personality Glenn Beck] Anything but ordinary, by Paula Andrus and Rhiannon Zielinski. p. 7 hosts 8th campus drag show] Students explore career workshops, by Lauryn Andrews. p. 8. [Career and Advising Resource Center sponsored Careers Get Personal] Greek life continues to expand, by Rhiannon Zielinski. p. 9. [Greek Week focuses on unifying and uniting chapters on campus] Clean energy resource center opens, by Emma Claucherty. p. 9-10 is headed by School of Engineering and Computer Science and is located in the Shotwell-Gustafson Pavilion] Campus Briefs, by Kevin Graham. p. 9 senior thesis, Privacy lecture, Harp concert, Guitar Day, Indian music and dance provides higher 'quality of life', by Sarah Wojcik. p. 10. [Spotlight on history and programs offered] Out & about. Special section. p. 11-18. [City guide to downtown Rochester and other local cities for eats & treats, fun & cheers, shop & style] Benson prepares for NBA, by Emmy Lucas. p. 19. [Athletics: Basketball player and Alum Keith Benson interviewed] Lacrosse upsets Michigan State, by Shawn Minnix. p. 19. [Athletics: Women's lacrosse] Tigers' slow start is a cause for concern, by Ryan Hegedus. p. 20. 2/21/25, 6:48 Oakland Post - Archives Libraries 13/30 has heart - and brains, by Emily Richard. p. 22. [Alison Glinski, teacher's assistant for Biology 206 - Human anatomy loves her job working in the cadaver lab] Patrolling the campus / Unique university jobs, by Emily Richard and Nichole Seguin. p. 23. [Spotlight on student police cadet Shannon Berry] Professor Profile, by Breann Dotstry. p. 23. [Spotlight on Associate Professor of Anthropology Richard Stamps variety of final theses, projects, by Kaitlyn Chornoby and Ali Armstrong. p. 25. [Final projects for graduating students] Old-school makes a comeback, by Jomar Mabborang. p. 26. [Michigan Pin Ball Expo on campus] Guitar day shows sharps, flats of a music , by Andrew Craig. p. 27. [Brett Hoag, applied instructor in guitar is heading event for those thinking of majoring in music] Mouthing Off / Sequester me from summer sequels, by Brian Figurski. p. 28. [Satire] 2011-05-11 Vol. 38, no. 01 Real school, real problems. Staff editorial. p. 3. [Male fraternities, abusive alcohol consumpution and sexual assault are cause for concern across all college campuses wants you to let your voice be heard, by Ben Eveslage and Elisa Malile\\Guest column. p. 4. [Newly elected Student Body President and Vice President welcome involvement and make some announcements of upcoming plans] Moodle has potential - professors should start to utilize it, by Nichole Seguin. p. 4. 'Spruce'-ing up OU, by Raymond Andre. p. 5. [Campus Beautification projects] Campus briefs, by Andrew Craig. p. 5. [Jewish Film Festival, Meeting of Minds, Transfer Student Orientation, Counseling Supervision Workshop] Students get shafted by elevator maintenance, by Megan Semeraz. p. 6. [Campus summer construction and maintenance projects include elevator upgrades, new roofing and sidewalk repairs] No summer recess for campus radio station, by Kevin Graham. p. 7 operates year-round] OGL's aim for a fun, informative orientation, by Ali Armstrong. p. 7. [Orientation Group Leaders plans for orientation include text messages scavenger hunts and the Midnight Mansion Walk] Tuition, phone app discussed, by Thomas Barry and Kay Nguyen. p. 8 meeting included approving change in tuition payment plan for Beaumont Nurse Anesthesia Program brings familiar rhythm back to OU, by Mayuri Munot. p. 8. [Street Dance Association background information and plans to resume events] Lacrosse goes national, by Shawn Minnix. p. 9. [Athletics: Women's lacrosse] Wings a game away from miraculous comeback, by Michael Horan. p. 9. Slemmer overcomes two ACLs, by Seth Walker. p. 10. [Athletics: Student Ashleigh Slemmer continues to play volleyball after surgery] Grizzlies vie for late berth into Summit tournament, by Seth Walker. p. 11. [Athletics: Baseball] Locals gather at opening, by Mayuri Munot. p. 12. [Farmers' Market in downtown Rochester] Downtown Rochester to host summer events, by Tyrell Johnson. p. 12. Adderall use on the rise, by Sarah Hunton. p. 13. [College students are taking more prescription drugs 2/21/25, 6:48 Oakland Post - Archives Libraries 14/30 to focus while studying] Campus crop cultivation, by Brian Figurski. p. 14. [Urban Farming at organization is gaining in popularity among students] Student seeks Pepsi Grant, by Kay Nguyen. p. 15. [Student Taylor Kosnik hopes her idea to bring school supplies to 30 special needs classrooms in Metro Detroit will earn her a grant from the Pepsi Refresh Project] Professor Profile, by Stephanie Preweda. p. 15. [Spotlight on Kathleen Pfeiffer, Associate Professor of English] Skate shop chomps rivals, by Sarah Hunton. p. 16. [Student Dan Bilan opened his own skate and snowboard shop in Auburn Hills called Skate Hungry gaming guild takes hobby beyond video games, by Kevin Graham. p. 16. Classic cinemas stay cool in the summer, by Brittany Haney. p. 17. [Three local, independent and foreign film cinemas highlighted: Michigan Theatre in Ann Arbor, Birmingham 8 in Birmingham and Maple Art Theatre in Bloomfield Hills] 'Time, effort and heart', by Brian Figurski. p. 18. [Michigan Adventurers Club (MAC) and Metro Detroit Athletes (MDA) are gaining in popularity] Festivals create summer memories, by Clare La Torre. p. 19. [Music festivals to please everyone fate worse than death, by Brian Figurski. p. 20. [Commentary on Osama bin Laden's death] The best to trump the Donald, by Brian Figurski and Jomar Mabborang. p. 20 [Satire] 2011-06-15 Vol. 38, no. 02 What are we paying for? Staff editorial. p. 3. [Tuition increase causes concern and questions regarding how money is spent at OU] Tough requirements make stronger, by Shawn Minnix. p. 4. Lady Gaga pushes ethical boundaries, mimics Madonna, by Haley Jonna. p. 4. Tuition increase approved, by Raymond Andre. p. 5. [Budget highlights for 2012 professor pleads no contest in Monday trial, by Nichole Seguin. p. 5. [Professor Srinarayan Sharma pleads no contest to charge of stalking; a misdeameanor] Robotics team takes home 3rd at IGVC, by Kevin Graham. p. 6. [Competition with team robot \"Botzilla\" included Joint Architecture for Unmanned Systems (JAUS) challenge] Campus tragedy inspires fund for awareness, by Raymond Andre. p. 6. [Suicide of student Corey Jackson causes campus to think of ways to help youth with problems that could lead to suicide] Career services assists in job search, by Megan Semerez. p. 7. Campus Briefs, by Kaitlyn Chornoby. p. 7 PostSecret, Windmill, New Campus degrees, Library to be open 24/5] OrgSync allows club connection off campus, by Jomar Mabborang. p. 8. [Center for Student Activities implements new online student management program; GrizzOrg] Siblings race to prelims, by Kevin Graham. p. 9. [Athletics: Spotlight on students and siblings Zack and Lia Jones] More money, many more problems, by Kevin Romanchik. p. 9. [Editorial on college athletics] 2/21/25, 6:48 Oakland Post - Archives Libraries 15/30 draft next for OU's Benson, by Michael Horan. p. 10. [Athletics: Men's basketball player Keith Benson] Buy Michigan, buy local, by Ali Armstrong. p. 11. [Campaigns and festivals to promote Michigan businesses] Cash-only causes concern, by Brian Figurski. p. 12. [More local metro businesses not accepting credit cards due to transaction costs cutting into profit margin] Children with cancer have new hope, by Clare La Torre. p. 14. [Nonprofit charity the Bottomless Toy Chest is dedicated to providing educational toys and crafts to pediatric cancer patients] Dean McIntosh: On call 24/7, by Andrea Rivera and Nichole Seguin. p. 15. [Spotlight on Dean of Students and Assistant V.P. of Student Affairs Glenn McIntosh student creates quickly-growing sports website, by Seth Walker. p. 15. [Student Sam Arker created sport website titled Forward Down the Field Detroit Lions Community] Aid available for veterans at OU, by Emmy Hensel. p. 16. [Military veterans and students Seth Walker and Mike Brennan received services from campus Office of the Registrar and Veterans Support Services] Student among first to take dubstep to airwaves, by Sierra Soleimani. p. 16 Alex Jahn is on with his dance and techno show] Captivating audiences, by Brittany Haney. p. 17. [Concert review of bands Augustana and The Maine at Pontiac venue Clutch Cargos] Records & reels, by Kevin Romanchik and Brian Figurski. p. 17. [Music and film reviews: Foster the People \"Torches\", City and Colour \"Little Hell\", \"Super 8\"] Creating the new Hollywood, by Mayuri Munot. p. 18. [Information on new student organization the Filmmaker's Guild of Oakland University] Not your average Oscar Mayer Weiner, by Brian Figurski. p. 20. [Satire] 2011-06-20 Vol. 38, no. 03 Grizzlies' growing pains. Staff editorial. p. 3. [Cut in state funding hurts Oakland at time when we should be at the forefront needs to reach out to Wayne County, by Seth Walker. p. 4. [Oakland should increase efforts to recruit students from Wayne County] Michigan's film tax incentive creates more debt, not jobs, by Haley Jonna. p. 4. The life or death situation, by Nichole Seguin. p. 5. [Contingent of students both for and against come out to event for Planned Parenthood facility soon to open near University] State funding reduced, officials get innovative, by Kevin Graham. p. 7. [Overview how less funding is effecting University and students agree to extension, by Kevin Graham. p. 8. [Palace Sports and Entertainment extend contract with for one-year giving them exclusive rights to sell sponsorship and advertising] Benson brought respect, recruiting, by Michael Horan. p. 9. [Athletics: Keith Benson first student to be drafted in the NBA] Becoming a club sport, by Michael Horan. p. 9. [Oakland Owls quidditch group denied club sport status now a student organization] 2/21/25, 6:48 Oakland Post - Archives Libraries 16/30 U.S. Women affect soccer campers, by Kevin Romanchik. p. 9. [Athletics] Three Unique Treats, by Brittany Haney. p. 10-11. [Family-owned ice cream shops: Ray's Ice Cream in Royal Oak, Grandma's Ice Cream Parlor in Holly, and The Parlour in Hadley] Cargill to donate 40K to local food banks, by Stephanie Preweda. p. 13. Families gather at Village for story readings, by Raymond Andre. p. 12. [Summer reading program hosted by Rochester Hills Public Library called \"Books, Buddies & Blankets\"] Bill supports bigger degrees, by Megan Semeraz. p. 13. [Michigan House Bill 4496 would allow 2-year community colleges to offer bachelor degree programs in cement technology, maritime technology, nursing and energy production] Dig in Israel attracts OU, by Sarah Wojcik. p. 14. [Archaeology of Israel (AN392) class travel to Israel and participate in an excavation located on the border of ancient Israel and Philistine dating back to around 1000 BC] Alluring spin on Rochester history, by Megan Semeraz. p. 15 employees Meredith Long, and Madelyn Rzadkowolski conducted research and wrote a book titled \"Images of America leaders seek to give aid to Chaldean refugees, by Haley Jonna. p. 15 chapter of the Chaldean American Student Association hope to raise more money for Chaldean refugees from Iraq] 'Vitality' invigorates dance scene, by Ali Armstrong. p. 16. [New competitive dance club at founded by Sara Porzondek] Composing for the future, by Sarah Hunton. p. 17. [Music Preparatory Program hosting two summer workshops geared towards instrumental and vocal students aged 12-18] New band begins to heat up, by Brian Figurski. p. 18. [Commentary on British band The Joy Formidable] Harry Potter lives on, by Nichole Seguin. p. 19. [Personal reflection on Harry Potter series] Anthony case is an American media melee, by Brian Figurski. p. 20. [Mouthing off - satire] 2011-08-31 Vol. 38, no. 04 Parking is a pain...not. Staff editorial. p. 3. [Campus parking is not a problem; just be willing to walk and have some patience] New administration has big plans, by Benjamin Eveslage and Elisa Malile. p. 4 President and Vice President outline changes and plans they have for campus body] Advanced robots will be able to take over, by Kaitlyn Chornoby. p. 4 SyNAPSE project perspectives on future] GrizzlyPalooza, an original, by Megan Semeraz. p. 6 welcome week concert event] Campus briefs, by Andrew Craig. p. 6. [Anton/Frankel Center opens, Non-smoking policy revised at Detroit Jazz Festival] Feet For Seats kicks off season, by Tyrell Johnson. p. 7. [Fund raising event for recognized student veterans, soldiers, by Haley Jonna. p. 8 9/11 Commemoration Ceremony and Military Recognition Event hosted by Student Veterans of America] Hours extended, scantrons rescinded, by Haley Jonna. p. 10. [Role played in Kresge Librarys' new 24/5 schedule and the discontinuation of free scantrons] 2/21/25, 6:48 Oakland Post - Archives Libraries 17/30 Getting a start, by Nichole Seguin. p. 11 William Beaumont School of Medicine begins first year of classes] Athletes excel in the classroom, by Michael Horan. p. 12. [Athletics: Women's basketball player Brittany Carnago excels academically] Volleyball adds two to 2011 class, by Seth Walker. p. 13. [Athletics: Women's volleyball] Paying college athletes to play: No, thank you, by Kevin Romanchik. p. 13. [Athletics: Pay-to-play college sports would not be a good policy] Greetings, Grizzlies!, compiled by staffers of The Oakland Post. p. 14-15. [Welcome Week events] Borders close gets bookstores talking, by Raymond Andre. p. 16. Detroit pride grows as Chrysler ad expands, by Clare LaTorre. p. 16. [\"Imported from Detroit\" ad campaign] Debt plan is a glass ceiling for students, by Raymond Andre. p. 17. [College financial aid impacted by nations debt ceiling legislation gender gap broadens, by Sarah Hunton. p. 18. [Possible reason why sixty percent of student population is female] Economy impacts student career choice, by Kevin Graham. p. 18. Starbucks vs. Biggby, by Brittney Haney and Nichole Seguin. p. 20. Dance brings student to Ghana, by Sonia Litynskyj and Sarah Wojcik. p. 21. [Student Catherine MacMaster travels to Ghana to do dance research for her senior thesis] Baillageon takes on many roles in lifetime, by Brittany Haney. p. 22. [Professor Claude Baillargeon many life experiences enhances his Art History 101 class] Student's checklist includes experience, energy and enormous responsibility, by Sarah Wojcik. p. 22. [Introduction and interview with Allison Webster, new Assistant Student Director of Organization Programs] New student org aims to dominate bullying, by Sarah Hunton. p. 23. [Students Against Bullying (SAB)] Creating a new 'Fairytale', by Brian Figurski. p. 24. [Varner Studio Theatre production of 'Dustland Fairytale Tribute to the Killers'] Arts, Beats, Eats and students, by Nichole Seguin. p. 25. [Students volunteer at Royal Oak festival to earn money for student organizations] Changes to hope to bring in new audiences, by Stephanie Prewada. p. 25. [New series introduced: Thursday Arts-After-Work] Expert tip: No bathroom eating, by Brian Figurski. p. 27. [Mouthing Off - Satire] 2011-09-07 Vol. 38, no. 05 Move focus to housing. Staff editorial. p. 3. [Plans need to be made to address steady rise in demand for student housing] Controlled substance laws \"hazy\", by Raymond Andre. p. 4. [Michigan legislation legalizing marijuana to treat the chronically ill in state] Coffee brings about a sense of community, by Haley Jonna. p. 4. [\"Brand name\" coffee companies have created welcoming environment in their stores] 2/21/25, 6:48 Oakland Post - Archives Libraries 18/30 Student housing overload, by Nichole Seguin and Kevin Graham. p. 5. [Housing director Jim Zentmeyer has drafted a housing proposal to present to the Board of Trustees that would add 440 beds to the university for the 2012-13 year] New smoking ban in effect, by Sarah Wojcik. p. 6. [Oakland's policy on smoking has changed to include extending designated smoking areas to 50 feet from campus buildings and banning smoking in vehicles on property] Campus briefs, by Megan Semeraz. p. 6. [Rec Fest 2011, Hispanic Celebration Month, Car Talk with and Chrysler and Post Secret Live at OU] Food Court introduces new food options, by Justin Colman. p. 7. [New food court options include health conscious Chop'd & Wrap'd] New hires at OU, by Ali Armstrong. p. 7. [Spotlight on Tanis Hastmann, Assistant Professor, Health Sciences] Pawley family donates to school of medicine, by Raymond Andre. p. 9. Soccer opens under the lights, by Dan Rochon. p. 10. [Athletics: Men's soccer team played at first home game under newly installed field lights with attendance over 600] Verlander should be considered as MVP, by Michael Horan. p. 10. [Detroit Tiger commentary] Oakland wins Grizzly Invitational, by Seth Walker. p. 11. [Athletics: Women's volleyball team] Jones, Hutton finish 1, 2 at Grizzly Open, by Garrett Elliot. p. 11. [Athletics: Cross Country] Renaissance festival attracts students, by Stephanie Preweda. p. 14. [Renaissance Festival attracts students and alumni as participants and workers] Arts & Apples to highlight local artists, by Megan Semeraz. p. 14. [Downtown Rochester hosts annual event] Medical Brigades kicks off at OU, by Nichole Seguin. p. 17. [First international community service project as a sub chapter of Global Brigades] Social networking worth jeopardizing privacy?, by Kevin Graham. p. 17. [Facebook's current privacy controls causes concern for some students] Education majors have helpful outlet, by Stephanie Preweda. p. 19. [Student Michigan Education Association of Oakland University (SMEA) offers networking opportunities besides volunteer opportunity events] 'Just keep your head above', by Kevin Romanichik. p. 20. [Spotlight on musician Andrew McMahon of Jack's Mannequin] New season for local orchestras, by Sarah Hunton. p. 21. [Fall 2011 season offerings from Birmingham-Bloomfield Symphony Orchestra, Rochester Symphony Orchestra, Macomb Symphony Orchestra and Warren Symphony] Theatre students bring a Greek classic to Oakland, by Stephanie Preweda. p. 21 students in the Classical Theatre Study in Greece Program teamed up to perform the Greek classic tragedy \"Medea\"] Dancin' in the Hurricane rains, by Brian Figurski. p. 24. [Mouthing Off - Satire] 2011-09-14 Vol. 38, no. 06 2/21/25, 6:48 Oakland Post - Archives Libraries 19/30 Smoking policy loses flame. Staff editorial. p. 3. [Oakland should enact campus-wide smoking ban] Blogging as an Internet art form, by Sonia Litynskyj. p. 4. Building the campus commuter connection, by Misha Mayhand. p. 4. [Professors on campus should also play a role in campus involvement meets Mount Clemens, by Megan Semeraz. p. 5. [Anton/Frankel Center satellite campus information offers veggie choices, by Raymond Andre. p. 6. [Campus dining] Rec Fest '11 brings back favorites, by Justin Colman. p. 6 Rec Center Event September 23, 2011] Campus briefs, by Andrew Craig. p. 6 Volunteer Fair, Dance Day at OU, Richard Dawkins coming to OU, Scholars of the communication and journalism department to present speaker series] Geocaching club's popularity growing, by Damien Dennis. p. 7. [New student organization with a purpose to bring geocachers both experienced and newcomers together] Smoking policy: In effect or efeffective?, by Andrew Craig. p. 8. New hires at OU, by Ali Armstrong. p. 8. [Brief get to know Professor Sachin Jain, Counseling bike share program wants 'respect', by Shelby Reynolds. p. 9. Plane crash affects many, by Andrew Craig and Justin Colman. p. 10. [Plane crash carrying the Kontinental Hockey League team Lokomotiv Yaroslavl leaves more than 30 people dead] Soccer drops two at Hurricane Classic, by Michael Horan. p. 10. [Athletics: Men's soccer team loses two five-set heartbreakers, by Seth Walker. p. 11. [Athletics: Women's volleyball] Perspectives a decade after, by Brian Figurski, Kay Nguyen and Nichole Seguin. p. 13 community reflects on memories of 9/11] Murder mystery hits downtown, by Tyrell Johnson. p. 14. [Case of the Dead Paparazzi event hosted by the Rochester Avon Recreation Authority] Local Briefs, by Ali Armstrong. p. 14. [Fall Harvest Festival, Clinton River Ride/Walk event, Library used book sale, Oktoberfest celebration] The Device Debacle, by Kaitlyn Chornoby, Kevin Romanchik and Kay Nguyen. p. 17. [Androids, iPhones and BlackBerry's; which to choose?] Helping Jews in Metro Detroit, by Sarah Wojcik. p. 19. [Student Alyssa McMillan is an advocate for Jewish community and also will participate in the Miss Michigan pageant] The Freshman Experience, by Post staff. p. 20 freshmen Jenna Belloli, Madeline Bielecki and Nick Buhay share their experiences transitioning between high school and college] Expert advice, by Post staff. p. 20. [Dr. David Schwartz, psychologist at the Counseling Center discusses special concerns freshmen deal with] Grizzly Palooza rocks the stage, by Isabella Shaya. p. 21. [Student Program Board Welcome Week event] Toasting to Oktoberfest, by Kevin Romanchik. p. 22. [Rochester Hills celebrates international holiday at annual event] Bummed-out birthday, by Brian Figurski. p. 23. [Mouthing off - Satire] 2/21/25, 6:48 Oakland Post - Archives Libraries 20/30 2011-09-21 Vol. 38, no. 07 Chartwells offers up cuts. Staff editorial. p. 3. [Student organizations should take advantage of lower catering prices in an effort to promote student involvement] Student pushes for fully-staffed Gender and Sexuality Center, by Alexa Van Vliet, President, Gay/Straight Alliance. p. 4. Letters to the Editor - Smoking ban would be 'mean', by Corey D. Williams. p. 4. Chartwells prices lowered, by Kay Nguyen. p. 5. [Student organizations now charged significantly less by Chartwells on popular food and beverage items promotes diversity, by Raymond Andre. p. 6. [Center for Multicultural Initiatives hosting 13th Annual Hispanic Celebration Month] Meadow Brook hosts writing workshops, by Megan Semeraz. p. 6. [Youth writing workshops taught by professors include the genres historic writing, science fiction, poetry and fantasy writing] Trustee Henry Baskin faces adultery accusation, by Andrew Craig. p. 7. New hires at OU, by Ali Armstrong. p. 8. [Brief get to know Professor Hunter Vaughan, English and Cinema Studies students united by ancestry, by Steph Preweda. p. 8. [First ever Ukranian Student Organization at created] Creative Writing major submits request to add faculty, by Nichole Seguin. p. 8. Students show off at talent show audition, by Ali Armstrong. p. 9 Talent Show: OU's Got Talent] Loss brings golf team closer, by Michael Horan. p. 10. [Athletics: Women's golf team] Minor league systems could help with issues, by Matt Pocket. p. 10. Hamilton, Valentine have major surgery, by Mike Horan. p. 11. [Athletics: Men's basketball] V-ball wins season opener, by Seth Walker. p. 11. [Athletics: Women's volleyball] All the President's men (and women), the faces of Gary Russi's cabinet, by Kay Nguyen. p. 12-13. [University Administrators: Virinder Moudgil, Mary Beth Snyder, Eric Barritt, John Beaghan and Rochelle Black brief job descriptions and Campus Issue focus] Stores help to restore Detroit pride, by Sarah Hunton. p. 15. [Local stores Down with Detroit, Made in Detroit and The Detroit Shoppe sell Detroit themed merchandise with a goal of renewing the city] Flash mob surfaces through performance at local mall, by Shelby Reynolds. p. 15. [Shoppers at The Village Mall in downtown Rochester were surprised with a flash mob performance organized by Talmer Bank & Trust] Postal service woes spell trouble, by Sheza Mansoor. p. 16. [Decline in business and little cash may lead to collapse of U.S. Postal Service] The skirmish of the seasons, by Haley Jonna. p. 17. [Student commentary about preference for summer or fall] Adventuring into the wild, by Nichole Sequin. p. 19. [Students and sisters Katie and Carly Zacharis participated in the International Student Volunteers Program] Waits harbors passion for children, by Justin Colman. p. 20. [Student Catherine Waits, majoring in early childhood is also employed by West Bloomfield Public schools helping children with Autism 2/21/25, 6:48 Oakland Post - Archives Libraries 21/30 Spectrum Disorder] Continuing a tradition, by Isabella Shaya. p. 21. [Activities planned for 'Viva el Arte', the theme of this month's National Hispanic Heritage celebration] Department instructors perform at Varner Hall, by Misha Mayhand. p. 22. [Arts-After-Work inaugural season showcases performances by department instructors: Miles Brown, Carl Cafagna, Vincent Chandler, Sean Dobbins, Kris Johnson, Mark Kieme, Mark Stone and Tad Weed] Fans: worse than fumbled plays, by Brian Figurski. p. 24. [Mouthing off - satire] 2011-09-28 Vol. 38, no. 08 From England to Oakland, by Andrew Craig and Jordan Gonzales. p. 1. [Richard Dawkins will visit campus to promote his new book, \"The Magic of Reality: How We Know What's Really True 'home away from home' for international students, by Sarah Wojcik. [Over 400 international students attend and the offers a number of programs and services to make them welcome] You paid, you decide. Staff editorial. p. 3. [Oakland Post asks readers for feedback on content of paper] Oakland partners with AAUW, by Sarah Hunton. p. 5. Rochester writers conference sparks creativity, passion, by Kevin Graham. p. 5 hosts \"Get Published\" the fourth annual Rochester Writers Conference] Campus briefs, by Megan Semeraz. p. 5. [Job fair for English majors, Student to professional conference, Study abroad fair, Lit to Film: 'The Tiem Traveler's Wife', 2011 Maurice Brown Memorial Poetry Reading] Career Cycle helps students focus, by Megan Semeraz. p. 6 Advising Resource Center and Career Services have teamed up to provide students with an interactive career cycle] Dorm larcenies on the rise, by Madeline Loshaw. p. 8. New hires at OU, by Ali Armstrong. p. 8. [Brief bio on Anthony Guest, Assistant Professor, Theatre Debate at Oakland, by Kay T. Nguyen and Kaitlyn Chornoby. p. 10-11. [Event taking place in the O'rena on Nov.9 offers university positive exposureand opportunities for students to volunteer] Suh hosts celebrity wheelchair game, by Mike Horan. p. 12. [Motor City Rollers defeated the Detroit Jam in the tenth annual celebrity wheelchair basketball game gets rings, loses Summit opener, by Faiz Ghazi. p. 13. [Athletics: Men's soccer] Stopped program monitors teens, by Haley Jonna. p. 14. [Michigan Sheriffs' Association introduces new Stopped Program, allowing parents to keep track of their child's driving record] Brooksie Way comes to campus, by Brian Figurski. p. 14. Walk for a good cause, by Stephanie Preweda. p. 15. [Students Making a Difference in Society and Oakland Community College's Student Mentor Program joined together to organize first annual Oakland- to-Oakland Health Walk/Run] Art education instructor honored with award, by Kevin Graham. p. 15. [Linda Tyson special instructor and Coordinator of Art Education presented with Michigan Higher Education Art Educator of the Year Award] Detroit's talent gets 'creative', by Isabella Shaya. p. 18. [Highlights from annual Detroit Design Festival (DDF) 2011] 2/21/25, 6:48 Oakland Post - Archives Libraries 22/30 students perform first production of the year, by Stephanie Preweda. p. 19. [Little Miss Mary Sunshine opening main stage production] 2011-10-05 Vol. 38, no. 09 Racing to the finish line, by Brian Figurski. p. 1. [Brooksie Way Half Marathon and 5K Run] Hirees face hurdles, by Megan Semeraz. p. 1. [President Russi must approves new hires causing to departments to carefully question their staffing needs] Embracing democracy. Staff editorial. p. 3 primary debate on campus shouldn't signal Republican endorsement] New Hire Eric Barritt, by Megan Semeraz. p. 5. [OU's new Vice President for Community Engagement] Enrollment level reaches a record high, by Andrew Craig. p. 5. Hotel becomes housing site, by Nichole Seguin. p. 6. [Twenty plus students will remain at Extended Stay Homestead Suites throughout Fall semester] Campus briefs, by Megan Semeraz. p. 6. [100 Years of China's 1911 Revolution Presentation, National Depression Screening Day, Louisa May Alcott: The Woman Behind Little Women, Alcohol Awareness: Get the Facts!, History Comes Alive Lecture Series] Students aim for workforce jump, by Haley Jonna. p. 7. [Student to Professional Conference personal comments from attendees lesson in fashion etiquette, by Ashley Allison. p. 8. [Second annual fashion show will focus on appropriate business and casual dress hosts youth music workshop, by Kevin Graham. p. 9 Strings Day gives high school students interested in music major chance to meet with string playing faculty] Revised \"I\" grade policy more lenient on students, by Justin Colman. p. 9. [New policy allows up to a year to finish course work taste of autumn, by Brittany Haney and Kaitlyn Chornoby. p. 10-11. [Area cider mills, Franklin, Yates and Blake's showcased] Basketball adds transfer, by Michael Horan. p. 12. [Athletics: Men's basketball] Hamilton, Valentine begin recovery, by Michael Horan. p. 12. [Athletics: Men's basketball players Reggie Hamilton and Drew Valentine recovering from surgeries set for return to nationals title, by Seth Walker. p. 13. [Athletics: Women's lacrosse] Local businesses question involvement with go card, by Sarah Hunton. p. 14. Longboarding gains speed, by Kaitlyn Chornoby. p. 15 Longboarding group] Music student zealous about conducting choirs, by Emma Claucherty. p. 16. [Spotlight on student Bridget Dennis] African art exhibit opens gallery season, by Isabella Shaya. p. 17. [\"Multiplicity, Connection and Divergence: African Art from the John F. Korachis Collection\"] Magic on stage for young kids, by Stephanie Preweda. p. 19. [Wizard's Apprentice, an educational magic show for elementary aged kids has performances scheduled at Meadow Brook Theatre] Top 10 things we'd like to see happen at the debate, by Steve Wiseman. p. 20. [Satire] 2011-10-12 Vol. 38, no. 10 2/21/25, 6:48 Oakland Post - Archives Libraries 23/30 holds free concert, by Kevin Romanchik. p. 1. [National College Radio Day event] Skipping to class. Staff editorial. p. 3. [Attending classes benefits students] Legacy more than innovation, by Kevin Swift. p. 4. [Commentary on Steve Jobs and leaders in the information age increases security, by Justin Colman. p. 5 police department installing new surveillance equipment] New hires at OU, by Ali Armstrong. p. 5. [Spotlight on Angela Kaiser, Assistant Professor of Sociology and Anthropology offers a 'safe' haven, by Sarah Hunton. p. 6. [Gender and Sexuality Center offers services to students continues expansion, by Kay Nguyen. p. 7. [Center is closer to hiring full-time coordinator] Campus briefs, by Megan Semeraz. p. 7. [Cyber Security Awareness, Career Expedition, Halloween Fun Night, Executive Prospective Student Information Session] Auburn Hills announces graduate student housing facility, parking structure. p. 8. [City council makes plans to build graduate housing and parking in time for 2012-13 school year] Spotlight on students, by Brittany Haney. p. 9 hosted OU's Got Talent show at Meadow Brook Theatre with 16 contestants] Cruising the campus, by Oakland Post staff with Kaitlyn Chornoby, Managing Visual Editor. p. 10-11. [Campus Travel Map with estimated walking times and steps] Walking across American, by Michael Horan. p. 12. [Campus Recreation center sponsors Walks! Across America with Brooksie Way Minigrant] Bell, team poised for breakout season, by Seth Walker. p. 13. [Athletics: Women's volleyball] Tap into Detroit beer week, by Cayce Karpinski. p. 14. Local events Oct. 15-30, by Ali Armstrong. p. 14. [Halloween themed events] Organic farm thrives at Oakland, by Sarah Wojcik. p. 15. [Student Organic Farmers organization information on group and farm site] Harpist studies under masters in Europe, by Stephanie Preweda. p. 16. [Student and harpist Laura Palmieri won the Hollingsworth Music Scholarship] Internship offers students the magic of Disney, by Ali Armstrong. p. 17. [Disney College Program and Disney Professional Internship] New stir-fry restaurant opens near campus, by Isabella Shaya. p. 19. [Flat Top Stir-Fry Grill located in the Village of Rochester Hills offers customers a variety of choices to put together their meal] Survival of the fittest: 24 hours in, by Brian Figurski. p. 20. [Satire] 2011-10-19 Vol. 38, no. 11 Tragedy unites campus. Staff editorial. p. 3. [Suicide of student Corey Jackson] Stop the continued stressing, by Brittany Haney. p. 4. [Tips for managing stress time for remembrance, by Kay T. Nguyen. p. 5. [Suicide of student Corey Jackson brings campus together for remembrance and prevention awareness] 10 things discussed at the College of Arts and Sciences 'State of the College' Address, by Nichole 2/21/25, 6:48 Oakland Post - Archives Libraries 24/30 Seguin. p. 5. Separating science and myth, by Mike Espejo. p. 6. [Biologist Richard Dawkins visits OU] Students relax at stress fest, by Brittany Haney. p. 7. [Stress Less Fest, sponsored by Graham Health Center but is a student-run event] Faculty educated on invisible disabilities, by Kevin Graham. p. 7. [Center for Excellence in Teaching and Learning sponsored workshop entitled \"Working with Students with Disabilities\"] Vegan class merits award, by Madeline Loshaw. p. 8 awarded a Compassionate Campus Award for a course taught by nursing professor Marilyn Mouradjian called Lifestyle Change to Improve Health: The Vegan Diet\"] Int'l students learn new traditions, by Misha Mayhand. p. 8. [Halloween Fun Night part of the Coffee Hour Series a monthly event with a goal of cultural awareness and friendship] Campus briefs, by Megan Semeraz. p. 8. [Harold & Kumar Movie Marathon, Ideas 2 Business lab open house, Depression/anxiety workshops, Poetry reading with Michael Heffernan] Students aim to improve local community, by Justin Colman. p. 9. [National Make a Difference Day volunteer opportunities for students] Discovering Faith, by Jordan Gonzalez and Kaitlyn Chornoby. p. 10-11. [Brief introductions to religious groups on campus] Basketball picked 2nd in Summit, by Kevin Romanchik. p. 12. [Athletics: Men's basketball] 'Team effort' necessary for Summit League run, by Seth Walker. p. 13. [Athletics: Women's basketball] Freshmen look to make impact, by Jordan Reed. p. 13. [Athletics: Men's basketball] Medical marijuana under fire, by Ali Armstrong. p. 14. [The Michigan Medical Marijuana Act may be nullified if proposed bills pass through the state legislature faculty, grad run for school board, by Ali Armstrong. p. 14. [Faculty members Beth Talbert and Pat Piskulich, and alum Jane Pierobon are seeking seats on the Rochester Board of Education] The Clatter makes a bang / Professor teaches by day, rocks out by night, by Sarah Hunton. p. 15. [Kim Madeline, special lecturer in journalism department runs his own public relations and marketing firm called Communications and also performs in a rock band] Green award presented to professor, by Kevin Graham. p. 16. [Tim Larrabee, head of OU's elementary science education program received the Chevrolet Educator Award] Student harbors ambition for internationalism, by Alana Hartley. p. 17. [Spotlight on Steve Wynne a peer mentor in Career Services] Musical stylings of OU's own:Series featuring artistic talens of students, by Ashley Allison and Kevin Romanchik. p. 18. [Showcased bands: Rival Summers and The Burning Ponies rolls out the red carpet for film premiere, by Isabella Shaya. p. 19. [Summer film camp for kids with ASD] Major League Baseball is for fatties, by Brian Figurski. p. 20. [Satire] Top 5 signs of fall at OU, by Steve Wiseman. p. 20 [Satire] 2011-10-26 Vol. 38, no. 12 2/21/25, 6:48 Oakland Post - Archives Libraries 25/30 Custodians being cheated. Staff editorial. p. 3. [Proposed union contract includes language that would slash current custodians hourly pay rate by $3 per hour] Smoking 'ban' is too lenient, by Fritz J. McDonald, guest columnist. p. 5 should recognize the serious dangers of smoking and ban smoking on campus] Reader, rider and writer, by Kaitlyn Chornoby and Nichole Seguin. p. 6. [In memory of student Jenna Balabuch student still 'very much a part of OU', by Kay Nguyen. p. 6. [In memory of former student Rachel Ring] Mourning the loss of students, by Megan Semeraz. p. 7. [Campus memorial service for Jenna Balabuch and Rachel Ring] Free workshops for students, by Sarah Hunton. p. 8. [Graham Health Center hosting workshop for students with anxiety and depression] Arabian nights promotes cultural diversity, by Misha Mayhand. p. 8 and host new event called Arabian Nights to promote cultural diversity] There's no end to the planning a presidential debate on campus, by Ruth Freeman. p. 9. [Campus preparations for hosting presidential debate] Campus briefs, by Megan Semeraz. p. 9. [Campus briefs: Chinese brush paintings, Disney college program presentation, Graduation fair launches debate website] Lost and found turns up a plethora of odds and ends, by Misha Mayhand. p. 10. [Campus lost and found] Ecker improves game, breaks record, by Emma Claucherty. p. 11. [Athletics: Spotlight on senior golfer Liz Ecker] Oral Roberts switches Leagues, incurs $250k fine, by Kevin Romanchik. p. 11. [Athletics] Basketball adds four freshmen, depth for '11, by Seth Walker. p. 12. [Athletics: Women's basketball] Golf team wraps up season, by Jordan Reed. p. 12. [Athletics: Men's golf team haunting passion, by Nichole Seguin and Stephanie Preweda. p. 13. [Sinister is new haunted house in Pontiac] Robot claims third, by Kevin Graham. p. 14. [Oakland Robotics Association entry Botzilla places third in annual Intelligent Ground Vehicle Competition housing provides a sense of community, by Haley Jonna. p. 14. [Living on campus allows students numerous opportunities] Grizzlies take on green initiatives, by Troy Frisby. p. 16. [Environmentally friendly efforts on campus] The world behind your water, by Ashley Allison. p. 18. [Movie review for \"Blue Gold: World Water Wars\"] South Indian percussionist visits Varner Hall, by Isabella Shaya. p. 18. [MTD's guest artist series presents Tala Vadya Kacheri South Indian Percussion Concert] Halloween horrors on a decline, by Brian Figurski. p. 19. [satire] Best friends forever. p. 20. [In Memoriam photos of students Jenna Balabuch and Rachel Ring] 2011-11-02 Vol. 38, no. 13 2/21/25, 6:48 Oakland Post - Archives Libraries 26/30 No sense in new building. Staff editorial. p. 3. [Plans to build new Engineering Center not prudent during unstable economic time] Auburn Hills passes housing option, by Nichole Seguin. p. 5. [City of Auburn Hills approves plans to build off-campus housing, parking structure and student center in downtown area] Discussion panel teaches students debate coverage, by Justin Colman. p. 5. [Inside Journalism Today event held as part of Republican Debate Week] Campus briefs, by Megan Semeraz. p. 5. [Economic issues forum, Secretary of State mobile branch office, The debate watch party] Board of Trustees Engineering center, union contracts approved, by Haley Jonna and Kay T. Nguyen. p. 6. [Agenda items covered at meeting October 31, 2011] By the numbers, by Megan Semeraz. p. 6. [Fast facts from meeting October 31, 2011] 12B launches student businesses, by Christopher Lauritsen. p. 7. [Ideas 2 Business program launched] Former English professor publishes new book, by Megan Semeraz. p. 7. [Former English professor Michael Heffernan on campus to read poems from his latest book] Debate to close parking lots, by Misha Mayhand and Stephanie Preweda. p. 8. [Campus parking and road closures for debate and with President Russi, by Kay T. Nguyen. p. 9. [Interview to discuss upcoming Republical Presidential debate] Focus on the debate: Student profile, by Kay T. Nguyen. p. 10. [Senior Phil Berard juggles life as a student, is the general manager of campus radio station and is employed by GM] Volleyball team sweeps weekend, by Seth Walker. p. 11. [Athletics: Women's volleyball team] Even with postseason success, Tigers have holes, by Mike Horan. p. 12. [Sports commentary on Detroit Tigers] Women's basketball team wins exhibition game, by Seth Walker and Jordan Reed. [Athletics: Women's basketball] Occupy Detroit in third week, by Ali Armstrong. p. 13. [Occupy Movement] Kid Rock announces tour to benefit charity, by Isabella Shaya. p. 13. [Kid Rock \"Care\" tour dedicated to donating to charities nationwide] Meet the stand-ins, by Sarah Wojcik. p. 15. [Students hired as stand-ins for candidates at dress rehearsal for debate] Halloween is new experience for some, by Sarah Wojcik. p. 16 club] Students learn sign language through new club, by Kevin Graham. p. 17. [New club Social Signing Society] Music made by Golden Grizzlies, by Ashley Allison. p. 18. [The Hot Pants local band with college student members] Exotic ensembles form a night of World Music, by Sarah Jo Hunton. p. 18. [Four World Music ensembles presenting first concert of the academic year] Addiction starts at $60 per disc, by Brian Figurski. p. 19. [satire] 2011-11-09 Vol. 38, no. 14 2/21/25, 6:48 Oakland Post - Archives Libraries 27/30 Grizzlies: Stop complaining. Staff editorial. p. 3. [Republican presidential debate brings complaints from students about unavailable tickets and possible lack of parking] Perspectives from political scientists, by David Dulio, John Klemanski, and Terry Towner. p. 4. [Commentary from professors on debate] Model U.N. claims 2nd place, by Kay Nguyen. p. 5. [OU's Model United Nations team wins awards at the Lake Erie International Model United Nations College Conference] Campus Briefs, by Madeline Loshaw. p. 5. [Veteran's Day celebration, Imam Feisal Abdul Rauf Speaking Engagement, 11-11-11 \"Make a Wish\" concert] INCubator propels businesses, by Christopher Lauritsen. p. 6. Memorial service held for car crash victims, by Kevin Graham. p. 6. [Memorial service for students Jenna Balabuch, Rachel Ring and survivor Shannon Waite accepting applications for 2015, by Brittany Haney. p. 7. Special Section / Republican Presidential Debate at Oakland University. p. 10-16. Your 2012 Republican Presidential Candidate Voting Guide, by Cayce Karpinski. p. 10-11. Your Voice Heard Live!, by Sarah Hunton. p. 12-13 hosted event 'Your Voice Heard Live!' Acts showcased: Gold Vibrations, Rob Jozefiak and Robbie Williford Republicans gear up for the debate, by Jordan Gonzalez. p. 14. Student group educates peers, by Haley Jonna. p. 14. [Writing and Rhetoric students created survey and links to information about the economy, unemployment and tuition deferment in an effort to get peers interested in politics] Working with CNBC: Students volunteer for debate, by Nichole Seguin. p. 14. [Around 180 students selected to be involved with debate] Students making a statement, by Ray Andre. p. 15. [Occupy effort] Free speech area gives way to opinions, by Misha Mayhand. p. 15. [Assemblies of groups on campus for the debate must stay in designated area] Sisters work to make ends meet, by Isabella Shaya. p. 16. [Students and sisters Chelsey and Ronnie Booth are like a lot of students in today's tough economy; working multiple jobs while attending school full-time] U.S. bond rating, unemployment rates decrease, by Chris Lauritsen. p. 16. Next stop tournament, by Jordan Reed. p. 17. [Athletics: Women's soccer] Men's basketball team crushes Windsor in exhibition, by Jordan Reed. p. 18. [Athletics: Men's basketball] Men's soccer team earns tournament berth, by Seth Walker. p. 19. [Athletics: Men's soccer new communication, by Damien Dennis. p. 20. [Auburn Hills Police Department using social media to relay community and department news to the community] Local briefs, by Ali Armstrong. p. 20. [Family campfire at Dinosaur Nature Preserve, Holiday decorating class, Technique cooking class, Parent, child holiday ornament making workshop] Bear blasts into spotlight, by Ali Armstrong. p. 21. [Woody the stuffed bear is the mascot of OU's Office of Undergraduate Admissions] Jobs increasing source of anxiety for grads, by Sarah Wojcik. p. 22. [Senior Eugene Shin and recent grad Andrew Olexa share their experiences finding jobs after graduation] 2/21/25, 6:48 Oakland Post - Archives Libraries 28/30 Student's business flourishes in barren economy, by Kevin Graham. p. 22. [Spotlight on student Cameron Schea and his moving business, Silverback Moving] Students relive history, by Stephanie Preweda. p. 23. [The theatre department will be performing \"The Women of Lockerbie\" a play based on true events case for class cancellation, by Jessica McLean. p. 24. [In support of cancelling classes day of debate on campus] 2011-11-16 Vol. 38, no. 15 Give us real answers, please. Staff editorial. p. 3 presidential debate candidates give responses to rising cost of higher education] Financial Aid Director weighs in on student loans, by Oakland Post staff. p. 4. [Interview with Cindy Hermsen] fFree speech area utilized, by Raymond Andre. p. 5. [Demonstrators from various groups on campus for presidential debate] Father, daughter protest debate, by Joanne Hoopes. p. 5. [Jacqueline Piche and her Father Joe Michnuk active in Occupy Detroit protest were on campus for debate] Debate puts in primetime, spurs student loan talks, by Kay T. Nguyen. p. 7 presidential debate at OU] Emergency system texts students, by Madeline Loshaw. p. 8. [Test of emergency message alert system on campus] Imam Feisal to speak at OU, by Christopher Lauritsen. p. 9 and office of the president host one of Time magazine's most influential people of 2011] Students camp for poverty awareness, by Misha Mayhand. p. 9. [Camp Out Against Poverty brings awareness and donations to help those in need] In the Eye of the Beholder, by Sarah Wojcik and Brittany Haney. p. 10-11. [Sculptures and statues on campus: Saints and sinners, Structurist no.11, The Burghes, The Grizz, Motherswell and Echo Cognito] 'Passion and dedication' Associate head coach receives lifetime achievement award, by Emma Claucherty. p. 12. [Athletics: Shawn Kornoelje, associate head coach of the swimming and diving team received 2011 Rick Knas, Lifetime achievement award] Blake Cushingberry bounces back, by Mike Horan. p. 13. [Athletics: Men's basketball] Whole foods to open in 2013, by Isabella Shaya. p. 14. [Plans to open Whole Foods Market in the Midtown district of Detroit is a major plus for the city] Confusion created in Troy driving laws, by Sarah Hunton. p. 14. [Driving ordinance in Troy allows police to ticket drivers who are doing anything that seems to be distracting them] Injured vets supported, by Daud Yar. p. 15 Chapter of Student Veterans of America sponsored event with guest speaker Scott Adams a member of the Wounded Warrior Project] Student making connections through involvement, by Ashley Allison. p. 16. [Spotlight on Christina Venditti, a junior majoring in journalism and communication] The Bar Hop: The Oakland, by Marc Wisniewski. p. 17. [Customer review] The Jet Rodriguez, by Brittany Haney. p. 17. [Spotlight on local band] 2/21/25, 6:48 Oakland Post - Archives Libraries 29/30 Holidays drain empty pocketbooks, by Brian Figurski. p. 19. [Satire] (Not-so-) 5 hours energy blues, by Jordan Reed. p. 19. [Satire] 2011-11-30 Vol. 38, no. 16 Working through it. Staff editorial. p. 3. [Proactive ways to make an impact on campus] Students define university brand, by Raymond Andre and Isabella Shaya. p. 4. [Process of creating brand] Annual art fair makes holiday shopping easier, by Christopher Lauritsen. p. 4. Russi envisions as a debate venue, by Madeline Loshaw and Megan Semeraz. p. 6. Student builds connections, by Jordan Gonzalez. p. 7 branch of Orthodox Christian Fellowship] Riverview offers hands on learning experience, by Justin Colman. p. 8 Riverview Institute offers many opportunities to nursing students and Detroit community winning atmosphere, by Kevin Romanchik. p. 10. [Athletics: Men's basketball] Success means more than just records, by Kevin Romanchik. p. 11. [Athletics: Men's basketball. Interview with coach Greg Kampe] Rolling into the scene, by Sarah Hunton. p. 12. [Women's roller derby team the Detroit Derby Girls] Holiday season hits downtown Rochester, by Alana Hartley. p. 13. [Rochester event Big Bright Light show opens holiday season for community] Carrying on a family legacy, by Damien Dennis. p. 15. [Professor Marilyn Borner and her family owned newspaper the Italian Tribune] Bridging the gaps between and Auburn Hills, by Isabell Shaya. p. 16. [Projects the city of Auburn Hills and are working on together radio show makes job connections, by Sarah Wojcik. p. 18. [Student Aricka Pore has unique campus radio show called \"Getting a Job w/Mz. Pumpkin\"] Students' theses on display, by Steph Preweda. p. 19. [Seniors in art and studio art program preparing for their Senior Thesis show titled \"Converging Parallels 'Insomnia' host aspires to be a trance DJ, producer, by Ashley Allison. p. 19. [Spotlight on student Robbie Rio] Countdown to the let down, by Brian Figurski. p. 20. [Satire Libraries | 100 Library Drive, Rochester, Michigan 48309-4479 | (248) 370-2471 2/21/25, 6:48 Oakland Post - Archives Libraries 30/30", "7478_102.pdf": "May 2003 Volume Published by Oakland University, Rochester, Michigan All data in this catalog reflect information as it was available at the publication date. Oakland University reserves the right to revise all announcements contained in this publication at its discretion and to make reasonable changes in requirements to improve or upgrade academic and non-academic programs. The academic requirements described in this catalog are in effect fall semester 2003 through summer session 2010. Undergraduate students admitted to a degree-granting program may use provisions in this catalog to meet requirements within that time frame. Available at the University Bookcenter 2003-2004 Oakland University is a legally autonomous state institution of higher learning. Legislation creating Oakland University as an independent institution, separate from Michigan State University, was established under Act No. 35, Public Acts of 1970. The university is governed by an eight-member board of trustees appointed by the governor with the advice and consent of the Michigan Senate. As an equal opportunity and affirmative action institution, Oakland University is committed to compliance with federal and state laws prohibiting discrimination, including Title of the Civil Rights Act of 1964, Title of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act. It is the policy of Oakland University that there shall be no unlawful discrimination against any person on the basis of race, sex, sexual orientation, color, religion, creed, national origin or ancestry, age, height, weight, marital status, handicap, familial status, veteran status or other prohibited factors in employment, admissions, educational programs or activities. Inquiries or complaints should be addressed to: Director, Office of University Diversity and Compliance, 105 North Foundation Hall, Oakland University, Rochester, Michigan 48309-4401 3 Contents Academic Calendar ........................................................................................................... 6 Introduction ...................................................................................................................... 7 General Information ....................................................................................................... 11 Academic Policies and Procedures .................................................................................... 51 General Education Requirements ...................................................................................... 57 Ethnic Diversity Requirement ........................................................................................... 60 University Library............................................................................................................. 78 Other Programs ................................................................................................................. 80 College of Arts and Sciences ............................................................................................ 83 Department of Art and Art History .............................................................................. 91 Department of Biological Sciences .............................................................................. 99 Department of Chemistry........................................................................................... 110 Department of Economics ......................................................................................... 120 Department of English ............................................................................................... 124 Department of History ............................................................................................... 132 Center for International Programs .............................................................................. 142 Department of Linguistics ......................................................................................... 148 Department of Mathematics and Statistics ................................................................. 156 Department of Modern Languages and Literatures .................................................... 166 Department of Music, Theatre and Dance .................................................................. 181 Department of Philosophy ......................................................................................... 210 Department of Physics ............................................................................................... 216 Department of Political Science ................................................................................ 223 Department of Psychology ......................................................................................... 231 Department of Rhetoric, Communication and Joumalism .......................................... 237 Department of Sociology and Anthropology .............................................................. 250 Biochemistry Program ............................................................................................... 261 Environmental Health Program.................................................................................. 263 Women's Studies ....................................................................................................... 267 Other Academic Options ........................................................................................... 270 School of Business Administration .................................................................................. 282 School of Education and Human Services ....................................................................... 314 Department of Counseling ......................................................................................... 316 Department of Human Development and Child Studies ............................................. 317 Department of Human Resource Development .......................................................... 319 Department of Reading and Language Arts ............................................................... 326 Department of Teacher Development and Educational Studies .................................. 328 Secondary Education ................................................................................................. 334 School of Engineering and Computer Science................................................................. 338 Department of Computer Science and Engineering .................................................... 352 Department of Electrical and Systems Engineering ................................................... 358 Department of Mechanical Engineering..................................................................... 366 4 Contents continued Engineering Sciences Programs ................................................................................. 373 General Studies ............................................................................................................... 391 School of Health Sciences............................................................................................... 394 Exercise Science Program ......................................................................................... 396 Health Behavioral Sciences Program ......................................................................... 399 Health Sciences Program ........................................................................................... 399 Industrial Health and Safety Program ........................................................................ 402 Medical Laboratory Sciences Program....................................................................... 406 Physical Therapy Program ......................................................................................... 415 Wellness, Health Promotion, and Injury Prevention ................................................... 416 Honors College ............................................................................................................... 422 School of Nursing ........................................................................................................... 424 University Faculty .......................................................................................................... 438 Offices of the University ................................................................................................. 462 Course Reference ............................................................................................................ 470 Index .............................................................................................................................. 471 Planning Page ................................................................................................................. 479 Campus Map................................................................................................................... 481 Academic Advising Index Students seeking information about specific majors may consult the advising offices of the College or any of the schools, or individual departments. Students who are undecided may consult advisers in the Advising Resource Center, or in the College of Arts and Sciences Advising Office, or in the advising offices of the schools. Advising Resource Center 121 N. Foundation Hall (248) 370-3227 Undecided\u2014No Major Program College of Arts and Sciences 221 Varner Hall (248) 370-4567 African and African-American Studies Anthropology Applied Statistics Art History Biochemistry Biology Chemistry Communication East Asian Studies (China or Japan) Economics Engineering Chemistry Engineering Physics English Environmental Health French Language and Literature German and German Studies German Language and Literature History Journalism Latin American Language/Civilization Latin American Studies Linguistics Mathematics Medical Physics Music Performing Arts Philosophy Physics Political Science Psychology Public Administration and Policy Russian Language/Civilization Slavic Studies Sociology South Asian Studies Spanish Language and Literature Women's Studies Undecided\u2014Fine Arts, Letters, Science/Math or Social Science Academic Advising Index continued School of Business Administration 332 Elliott Hall (248) 370-3285 Accounting Economics Finance Financial Information Systems General Management Human Resources Management Management Information Systems Marketing School of Education and Human Services 363 Education Building (248) 370-4182 (Education) 430 Education Building (248) 370-3066 (HRD) Elementary Education Human Resource Development (HRD) Secondary Education Undecided\u2014Education For More Information Area code: (248) Admissions: 370-3360 (undergraduate) 370-3167 (graduate) Disability support services: 370-3266, 370-3268 (TDD) Information: 370-2100 International student services: 370-3358, 370-3268 (TDD) Loans and student employment: 370-2550 (Financial Aid Office) Scholarships and grants: 370-3360 (new students)/370-2550 (returning students)/ 370-3167 (graduate students) Student affairs: 370-4200 Student housing: 370-3570 (Residence Halls Office 5 School of Engineering and Computer Science 159A Dodge Hall (248) 370-2201 Computer Engineering Computer Science Electrical Engineering Engineering Chemistry Engineering Physics Manufacturing Engineering Option within Mechanical Engineering Mechanical Engineering Systems Engineering Undecided\u2014Engineering/Computer Science School of Health Sciences 363 Hannah Hall (248) 370-4195 Exercise Science Health Sciences Industrial Health and Safety Medical Laboratory Sciences - Cytotechnology - Clinical Laboratory Sciences - Histotechnology - Nuclear Medicine Technology - Radiation Therapy Physical Therapy Wellness, Health Promotion, and Injury Prevention Undecided\u2014Health Sciences School of Nursing 444 O\u2019Dowd Hall (248) 370-4253 Pre-Nursing Nursing Degree Completion Sequence for Registered Nurses Undecided\u2014Nursing 6 Fall 2003 Registration Wednesday, Thursday August 27, 28 Labor Day holiday Monday September 1 New Student Convocation Tuesday September 2 Classes begin 5:00 p.m., Tuesday September 2 Thanksgiving Recess begins 10:00 p.m., Wednesday November 26 Classes resume 7:30 a.m., Monday December 1 Classes end 5:00 p.m., Tuesday December 9 Study period 5:00 p.m.-10:00 p.m., Tuesday December 9 Exams begin 7:30 a.m., Wednesday December 10 Exams end 10:00 p.m., Tuesday December 16 Fall Commencement Saturday December 20 Winter 2004 Registration Monday January 5 Classes begin 7:30 a.m., Tuesday January 6 Martin Luther King, Jr. Day Monday (Classes suspended) January 19 Winter Recess begins 10:00 p.m., Saturday February 21 Classes resume 7:30 a.m., Monday March 1 Classes end 10:00 p.m., Monday April 19 Study period Tuesday April 20 Exams begin 7:30 a.m., Wednesday April 21 Exams end 10:00 p.m., Tuesday April 27 Spring 2004 Registration Thursday April 29 Spring Commencement Saturday May 1 Classes begin 7:30 a.m., Monday May 3 Memorial Day holiday Monday May 31 Classes end 10:00 p.m., Saturday June 19 Final exams Monday - Wednesday June 21-23 Summer 2004 Registration Thursday June 24 Classes begin 7:30 a.m., Monday June 28 Independence Day holiday Monday July 5 Classes resume 7:30 a.m., Tuesday July 6 Classes end 10:00 p.m., Saturday August 14 Final exams Monday - Wednesday August 16-18 Oakland University 2003-2004 Academic Calendar 7 Oakland University is a comprehensive, state-supported institution of more than 16,059 students that offers a diverse set of academic programs, from baccalaureate to doctoral levels. Recognized as one of the country\u2019s 110 doctoral research-intensive universities by The Carnegie Foundation for the Advancement of Teaching, Oakland University offers students opportunities to work directly on research projects with expert faculty who bring current knowledge right to the classroom. In all its activities, Oakland University strives to exemplify educational leadership. Anchored by a strong liberal arts program, the university is organized into the College of Arts and Sciences, and schools of Business Administration, Education and Human Services, Engineering and Com- puter Science, Health Sciences, and Nursing. Oakland also has an active Honors College. The university\u2019s faculty, which numbers more than 400, has a distinguished record of research and scholarship. Faculty members have won some of the most prestigious awards made by government agencies and private foundations. External funding support for academic and student projects now totals over $10 million. Studies in biological and physical sciences and nondestructive testing attract national and international atten- tion to Oakland University, and its highly recognized Eye Research Institute is the only major eye research center in the United States not associated with a medical school. The Center for Biomedical Research resides in the College of Arts and Sciences. The university takes pride in the many scholarly books and articles written by its faculty and in its contributions to pedagogy and the creative arts. Wherever possible, undergraduate students are involved in research projects, and the results of research and scholarship are integrated into related courses of instruction. An unusually high proportion of Oakland University alumni have gone on to earn doctoral degrees or other distinctions in their fields. Resources available to support scholarly activities of students and faculty include both the library and computing facilities. The Kresge Library, located in the center of campus, houses collections of books, journals, government documents, musical scores and record- ings, as well as computer workstations to access an array of digital resources. Computing facilities include a comprehensive distributed environment involving 50 processors and several hundred microcomputers, linked by a fiber-optic backbone. Complementing its academic programs, Oakland University collaborates actively with business and industry to foster economic development and meet the demands of a highly educated workforce in southeastern Michigan. The university offers world-class cultural activities with emphasis on the professional performing arts. Meadow Brook Theatre, a professional theatre, is located in Wilson Hall. Meadow Brook Music Festival brings an annual summer program of world-class entertainment to campus. Meadow Brook Hall, former home of the university\u2019s benefactors, now serves as a conference and cultural center. Meadow Brook Art Gallery houses the university\u2019s permanent collection of African art and presents a variety of special exhibits annually. Oakland University was created in 1957 when the late Alfred G. and Matilda R. Wilson donated $2 million and their 1,500-acre estate to Michigan State University to begin a new college in Oakland County. Named Michigan State University-Oakland, the new campus enrolled its first students in 1959. In 1963, its name was changed to Oakland University, and in 1970 the Michigan Legislature recognized the maturity and stature of the university by granting it autonomy. The governor appointed Oakland University\u2019s first board of trustees in 1970. From its beginnings, the university has emphasized academic quality, concentrating on providing a dynamic, student-focused learning environment with integration of liberal 8 and professional studies by a faculty of dedicated scholar-teachers. Oakland prides itself on providing a unique, distinctive undergraduate experience that is complemented by the strength of graduate offerings and research accomplishments. Located in suburban Oakland County, Michigan, Oakland University is easily accessible to millions of Detroit metropolitan area residents. The natural beauty of the campus, much of it still wooded and undeveloped, is enhanced by comprehensive recreational facilities and modern buildings that house the university\u2019s many academic and public service programs as well as nearly 1,800 residential students in its six residence halls and the new student apartment complex. Adjacent to the campus is the Oakland Technology Park, a research park where private-sector companies work hand in hand with higher education. Student research and internship opportunities are also enhanced by the proximity of many Fortune 500 companies. Role and Mission The following role and mission statement for the university was adopted by the Oakland University Board of Trustees on July 21, 1982. It emphasizes four essential ingredients for the direction of the university: excellent and relevant instruction, high quality basic and applied research and scholarship, responsive and effective public and community service, and a comprehensive schedule of student development activities. As a state-supported institution of higher education, Oakland University has a three- fold mission. It offers instructional programs of high quality that lead to degrees at the baccalaureate, master\u2019s and doctoral levels as well as programs in continuing education; it advances knowledge and promotes the arts through research, scholarship, and creative activity; and it renders significant public service. In all its activities, the university strives to exemplify educational leadership. Instruction Oakland University provides rigorous educational programs strong core of liberal arts and sciences is the basis on which undergraduates develop the skills, knowledge, and attitudes essential for successful living and active, concerned citizenship variety of majors and specialized curricula prepare students for post-baccalaureate education, professional schools or careers directly after graduation. Each program provides a variety of courses and curricular experiences to ensure an enriched life along with superior career preparation or enhancement. The university offers master\u2019s programs that meet demonstrable needs of Michigan residents and that maintain excellence. Doctoral programs are innovative and serve needs that are not adequately met elsewhere in the state. Offerings in continuing education provide Michigan residents with high quality course work for professional development and personal enrichment. Oakland University is selective in its admission standards and seeks both traditional and nontraditional students, ensuring equal opportunity to all who can profit from its offerings. While serving principally Michigan residents, it welcomes qualified applicants from other states and countries special effort is made to locate and admit disadvan- taged students with strong potential for academic success and to provide the support conducive to the realization of that potential. The faculty and staff cooperate with nearby community colleges to ensure that their students who seek to transfer to Oakland University are well prepared for work at a senior college. In recruiting and admitting students, enrollments are not permitted to exceed numbers consistent with preserving the high quality of instruction 9 The university strives to remain current and relevant through an adequate program of continuing faculty development and the exploration of innovative schedules, meth- ods, and curricular design in keeping with the various needs of its diverse students, many of whom commute, work or are older than the traditional college-age student. Oakland University offers, and will continue to offer, only those programs for which adequate resources and well-prepared faculty are available and for which a demonstrable need and a potential for qualified students exist. Research and scholarship Oakland University assumes an obligation to advance knowledge through the research and scholarship of its faculty and students. The university\u2019s research and scholarship mission takes expression in a variety of forms ranging from basic studies on the nature of things to applied research directed at particular problems to contributions to literature and the arts. Within its means, the university provides internal financial support for research and scholarship. Simultaneously, it pursues with vigor external sources of support. Research institutes, financed primarily by outside grants, make an important contribution to this mission. In addition to their intrinsic value, research and scholarship reinforce the instruc- tional mission of the university. Wherever possible, students are involved in research projects, and the results of research and scholarship are integrated into related courses of instruction. In carrying out its research and scholarship mission the university seeks especially to be responsive to the needs of Michigan, particularly of the populous southeastern sector. Application of research and scholarship to problems and concerns of the state\u2019s business and industry and to its scientific, educational, governmental, and health and human- service agencies serves also to reinforce the public service role of the university. Public service Oakland University serves its constituents through a philosophy and program of public service that are consistent with its instructional and research missions. It cooperates with businesses, governmental units, community groups and other organiza- tions on research, technical development, and problem-solving enterprises in an attempt to apply the expertise of the university to the issues of society in general or the region in particular so as to further enhance the quality of life in the service areas of the university. It attempts to maintain the degree of flexibility necessary to respond with innovative instruction, research, and other service to rapidly changing needs. It makes its facilities available for a multitude of activities of agencies and community groups whose purposes are compatible with the mission of the university. It provides access to its programs and campus, insofar as is consistent with the role and scope of the institution, for the recreational and physical enrichment of area citizens. Cultural enrichment is provided for the community through the Meadow Brook activities, on- and off-campus presentations by faculty and students, and other campus events. The university aims to provide a model of socially responsible decision making and ethical institutional behavior, recognizing that institutional strength derives from an effective interaction with the institution\u2019s diverse external environs. Student development In direct support of its academic mission, Oakland University provides basic services and experiences that integrate cognitive learning with the personal growth of the individual student in emotional, social, physical, cultural, ethical and interpersonal domains. In so doing, the university seeks to facilitate the development of those personal skills which will contribute to informed decision making and productive citizenship. This objective is accomplished through a variety of student enterprises including campus organizations, athletics, and other sponsored activities and events. Key to its achievement is the provision of a governance system in which students play a meaningful role in institutional decision-making processes. The university takes particular cognizance of its considerable enrollment of older and nontraditional students and provides advising, counseling, and other services of special value to such students in effecting career changes and developing additional personal competencies. Through the maintenance of complementary academic and extracurricular environ- ments, Oakland University assists students in the realization that life is a continuum of growth, change, and adaptation and provides them with the skills essential to the achievement of their fullest potential. Oakland University is accredited by the North Central Association of Colleges and Schools Commission on Institutions of Higher Education (30 N. LaSalle St., Suite 2400, Chicago, Illinois 60602-2504, 800-621-7440). 10 Admission Admission to freshman standing (Apply online @ Candidates for admission to undergraduate degree programs should have completed high school-level college preparatory work or otherwise demonstrate sufficient academic preparation to begin college work. Normally, high school courses should include, as a minimum, four years of English, three years of mathematics, three years of natural sciences, three years of social sciences and two years of a foreign language. Students planning majors in the sciences, mathematics, engineering or business are expected to present at least four years of preparation in math, including algebra, geometry and trigonometry. Consider- ation for admission is based upon an applicant\u2019s academic background, including high school academic achievement, educational goals and potential for success at Oakland University. Students applying as freshmen must submit scores from the American College Test (ACT). Normally, Oakland University will admit students with cumulative grade point averages in academic subjects of 3.20 or above. Applicants with cumulative grade point averages below 3.20 but above 2.50 may be admitted after consideration of the quality of their academic preparation. In some cases, a personal interview may be requested. Students must submit an application and an official copy of their high school transcript for an admission decision to be made. Specific academic programs may impose special requirements for admission. Thus, admission to the School of Business Administration is restricted to students presenting a 2.80 recalculated (academic) grade point average in academic courses and at least four years of college preparatory mathematics courses. Admission to pre-elementary education status in the School of Education and Human Services requires a high school recalculated (academic) grade point average of 2.80 or higher. Entering freshmen planning to major in engineering or computer science also should have taken at least four years of high school mathematics courses (maintaining a 3.00 or average) as well as courses in chemistry and physics and have a solid background in English composition. Drafting and machine shop courses are useful, but not necessary. Normally, a 3.00 average) is required for admission to the School of Engineering and Computer Science. Students planning to major in music must audition for the department\u2019s faculty. Auditions are held in February and March each year. Admission to pre-physical therapy standing requires a recalculated (academic) grade point average of 2.80 in a college preparatory program that includes courses in biology, chemistry and mathematics 3.0 must be earned in each of these courses. Students wishing to enter the pre-nursing program should have completed at least two (preferably three) years of high school mathematics, one year of college preparatory biology and one year of chemistry, each with a grade of 2.8, in addition to presenting a recalculated (academic) grade point average of at least 2.80. Students who are eligible for admission to the university, but not to one of the above programs, may enter the university as undecided students, but may be able to qualify for admission to these programs after they have enrolled at the university. Applications for undergraduate admission are available from high school counselors or from the Office of Admissions (101 North Foundation Hall, 248-370-3360). Students can also apply for admission through the Oakland University Web site ( Applications should be submitted as early in the senior year as possible 11 12 Admission of students while still in high school Specially qualified high school students may be permitted to enroll in classes on a part- time non-matriculating basis. Students who wish to pursue course work at Oakland University that is not available at their high school must complete the Special High School Student permission form. This form requires the signatures of both parent(s) and a school counselor. An application for undergraduate admission and a copy of the student\u2019s current transcript must accompany the permission form. High school students wishing to attend Oakland University must have a 3.00 cumulative grade point average and have a minimum junior standing. Admission is valid for one semester or session only. Students wishing to take subsequent courses must complete the permission form for each semester they plan to enroll. Students whose high schools will be paying for university tuition must submit verification to the Student Accounts Office, 108 North Foundation Hall. Transfer students Students who wish to transfer to Oakland University should consult the Transfer student information section for information on admission and requirements. Admission of students whose formal education has been interrupted Admission of individuals whose formal education has been interrupted for three or more years, and who would not normally meet other admission criteria, may be based on one or more of the following: sustained employment record; recommendations from employers, educators and other professionals; and standardized test results. An inter- view with an Oakland University admissions adviser is required for such applicants to be considered for admission. Admission for students who are not American citizens Foreign students should write to the Office of Admissions at least one year before they wish to be admitted. Candidates will be sent instructions and an application form to be completed and returned at once. Students transferring credits from foreign institutions will be requested to provide an evaluation of credit taken at foreign institutions. When the application is approved, the candidate will receive a certificate of admission and form I-20. These are to be used to apply for the appropriate visa. Prior to the student\u2019s official registration, proof of adequate medical insurance plus a signed authorization for emergency medical treatment must be on file in the university\u2019s Graham Health Center. Students who are not U.S. citizens or permanent residents of the United States and are transferring from other institutions also must obtain an I-20 from Oakland University. Students requesting such transfers should consult with the foreign student adviser at their previous school and with the Office of International Students and Scholars (248-370- 3358) about required transfer and immigration procedures. Admission to guest status Students enrolled in good standing at accredited Michigan colleges and universities may apply for guest admission by filing the Michigan Uniform Undergraduate Guest Application form, which is available from the registrar\u2019s office at their home institution. This form should be submitted to the Office of Admissions well before the beginning of each semester or session students plan to attend as guests. Students attending Michigan colleges or universities are not required to submit transcripts 13 Students enrolled in good standing at accredited colleges and universities outside of Michigan may apply for guest admission by filing Oakland University\u2019s guest application form well before the beginning of each semester or session that they plan to attend. These applications may be obtained from the Office of Admissions and must be accompanied by a transcript of grades from the student\u2019s home institution. Tuition and fees for guest status will be assessed at undergraduate upper-division rates. Guest students should consult individual course descriptions in this catalog to determine any prerequisite requirements for registration. Some courses are restricted to Oakland University students who have been admitted to major standing. Admission to post-baccalaureate status Post-baccalaureate (PB) status indicates that students hold a bachelor\u2019s or higher degree and wish to enter college for the purpose of pursuing undergraduate classes. Under status, admission is as a special non-degree candidate and previous academic work will not be evaluated by Oakland University\u2019s registrar. Tuition and fees for status will be assessed at undergraduate upper division rates. Admission to non-matriculating status Non-matriculating status may be provided to students with permission from the Office of Admissions. Students admitted with non-matriculating status are limited to earning 12 credits in that status and must secure regular admission to the university in order to be eligible to register thereafter. To be considered for regular admission, students need to submit a second application for admission to the Office of Admissions with the required fee and forward transcripts from all past colleges, universities or high schools attended. Students who are accepted will receive a letter of admission. Non-matriculating students will receive full academic credit for courses in which they are enrolled. Undergraduate students may register for undergraduate courses at extension sites on a non-matriculating basis if space is available. To obtain this status, students must complete the undergraduate admissions application and pay an application fee. Admission to second degree status Second degree status indicates that students currently hold a bachelor\u2019s degree but wish to earn a second undergraduate degree with a different major. Tuition and fees for second degree status will be assessed at undergraduate upper division rates (see Additional undergraduate degrees and majors). Reapplication for admission and readmission Failure of a student, once admitted, to provide complete application credentials prior to the closing of admission or failure to register for classes invalidates an application for admission. Reinstatement of such files must be requested in writing. The request must be received in the Office of Admissions by the closing date for applications for the semester students wish to enroll. Reinstatement may be for any term within one year of the original term of application. An additional application fee is not required new application and fee are required after one year. Readmission applies to students who previously enrolled at Oakland University and whose attendance was interrupted (see Readmission section). Advanced placement Credit toward graduation is granted to students who present evidence of satisfactory completion in high school of examinations through the Advanced Placement Program of the College Entrance Examination Board. Oakland University grants credit for scores of 14 5 or 4 in advanced placement examinations, and in some cases, also for scores of 3. Students presenting courses for credit should be aware that the content of particular courses may not correspond to that of any university courses. In such cases, the credit would count toward graduation but may not satisfy any academic program requirements statement of policy regarding credits given for particular examinations is available from the Academic Records Office (102 O\u2019Dowd Hall, 248-370-3462). College-level Examination Program (CLEP) Credit toward graduation can be granted to students who demonstrate competence in various areas tested in the College-level Examination Program (CLEP) administered by the College Entrance Examination Board. (Students who wish to use tests as admission credentials should have their scores forwarded to Oakland University\u2019s Office of Admissions examinations are of two types, general and subject. General examinations are offered in English composition, history/social sciences, humanities, mathematics and natural sciences. Oakland University will grant 6 credits for each general examination passed with a score of at least 550, with the following stipula- tions: students must have accumulated less than 32 credits at the time of the examination and have not previously received college credit in the field of the examination. Subject examinations are offered in a variety of specific subject areas. Oakland Univer- sity may, at the discretion of the academic unit responsible for the subject, grant either three or six credits for subject examinations passed with a score of at least 55, with the following stipulations: non-transfer students must have accumulated fewer than 64 credits at the time of the examination, while transfer students must have earned fewer than 32 Oakland University credits; students must not have previously taken more advanced work in the field of the examination; and no credit will be granted for examinations that cover material comparable to Oakland University courses that do not carry credit toward graduation pamphlet listing the transferability and equivalency of tests to Oakland University courses and programs is available from the Academic Records Office (102 O\u2019Dowd Hall, 248-370-3452). Special opportunities for students Oakland University offers students several unusual opportunities for study both on and off campus. These opportunities are described here, and academic advisers and faculty members are able to assist students interested in pursuing any of them. Research opportunities Advanced students may be invited to join faculty research projects in various capacities. Because Oakland University is chiefly an undergraduate institution, such opportunities, often reserved for graduate students elsewhere, are available for undergraduate majors. Student researchers may find themselves contributing to the development of new knowl- edge in a field and sharing in the publication of results of research projects. Undergraduates interested in joining faculty research projects may consult their advisers or individual faculty members concerning projects in their areas of interest. Computing resources wide range of computing resources are available to students at Oakland University. At various locations on campus, students have ready access to both Windows and Macintosh computers. Also available are advanced workstations with graphics capabili- ties. These personal and other high-speed computers are connected in a network that is in turn linked to the Internet. In addition to the computers themselves, the university makes available to students high quality printing capability in several campus locations and an extensive collection of software applications. Thus, students have many opportunities to develop computer skills and extend their level of computer literacy 15 Computer facilities are readily accessible in Kresge Library, Dodge Hall, Oakland Center and Varner Hall. Departmental facilities for student use include journalism labs in Vandenberg Hall and O\u2019Dowd Hall; a language lab and a writing lab, both in Wilson Hall; and a mathematics lab in the Science and Engineering Building. The Office of University Technology Services also maintains a variety of computer equipment for student use in Dodge Hall and in Kresge Library. The university continually upgrades both computer hardware and software for student use and seeks to provide students with educational experiences involving state-of-the-art computing. Study abroad Under the sponsorship of the Center for International Programs, Oakland University students may avail themselves of seven different study abroad programs. Two programs are sponsored by the Midwest Consortium for Study Abroad. The Vienna Study Abroad Program, established in 1987, allows students to study for one or two semesters in Vienna, Austria taking courses taught in English by American and Viennese faculty. The program in Macerata, Italy, allows students to study one or two semesters in this city, taking courses taught in English, and to live with an Italian family. The program in Nagoya, Japan, established in 1977, features two to four semesters of study at Nanzan University and is based on an exchange of students. The British Studies at Oxford program, established in 1976, operates only in the summer, offering two separate three-week sessions. The program of the Japan Center for Michigan Universities in Hikone, Shiga Province, Japan, established in 1989, provides up to two years of study in Japan. The program at the University of Oldenburg in Oldenburg, Germany, was established in 2000, and allows students to study one or two semesters, and to live in a dormitory, a shared flat or with a family. All programs provide credits toward baccalaureate degrees. For additional informa- tion about these programs, see the Center for International Programs portion of this catalog. For information about additional study abroad opportunities, see the Modern Languages and Literatures section of the catalog. Oakland University E-Mail Oakland University provides each student with free e-mail service and an address. Beginning with the fall 2003 semester, the university will implement a new policy where administration will e-mail information, or notices that information is available for students to access on secured Web sites, to students\u2019 official Oakland University e-mail address, instead of through the United States Postal Service. This information is important to maintaining a student\u2019s relationship with the university and will include grades, tuition bills, schedule of classes and other relevant data. The university will hold students accountable for all information sent via e-mail. Therefore, all registered students should check their Oakland University e-mail account regularly. The university recom- mends checking in at least once a week. Oakland University\u2019s Information Technology Web site ( offers tips and information on how to activate, access and forward your e-mail. Oakland University will not sell or give away student e-mail information and will not use e-mail to advertise for third parties. Tuition and Fees The Oakland University Board of Trustees reserves the right to change any and all fees and rates of charge when circumstances make such a change necessary. Tuition and fees quoted in this catalog are from the 2002-03 academic year unless otherwise indicated. The Schedule of Classes for each semester or session carries a listing of charges current at the time of printing. All fees are assessed at registration and are payable in U.S. dollars. Checks and credit card payments returned by the bank will place students in a non-payment status $25.00 fee will be assessed for returned check or credit card payments. 16 Students are billed monthly. Payment in full of the total balance due will avoid assessment of a 1.5% monthly late payment fee. If financial obligations to the University have not been met by the specified due dates, the account will be considered delinquent. In order to receive transcripts and/or register for future terms, the student account must be current. All registrations for a given term are considered to be temporary and tentative, based on satisfactory academic progress and total satisfaction of all financial obligations to the university. Tuition (see course fees for additional information) Michigan residents who register as lower-division undergraduates (fewer than 56 total credits) are assessed $144.25 per credit. Upper-division undergraduates (more than 55 total credits) are assessed $158.75 per credit. Graduate students are assessed $268.50 per credit. All students who are classified as nonresidents are assessed tuition at out-of-state rates: $364.00 per credit for lower-division undergraduate students, $392.00 per credit for upper-division undergraduate students and $508.00 per credit for graduate students. All university charges are subject to revision, without prior notice, by action of the Board of Trustees. Tuition and fees for upper-division undergraduate students also apply for post-bacca- laureate and undergraduate college guest students. General service fee All students who register are assessed a $145.00 general service fee each term, of which $57.00 is non-refundable. In addition to funding the cost of registration and student records maintenance, this fee is also used to support such student services as the Oakland Center, Graham Health Center, athletics and intramurals, as well as maintenance of campus parking lots, roads and walkways. Student activities fee All students registered for on-campus credits are charged a $21.00 Student Activities fee each term. The fee for each of the fall and winter terms is $21.00, and the fee is $10.50 for each of the spring and summer terms. Additional information on student activities can be obtained from the Dean of Students Office. Recreation center fee All students registered for classes are charged a $77.00 Recreation Center fee. The fee for each of the fall and winter terms is $77.00, and the fee is $49.50 for each of the spring and summer terms. Students registered only for classes that are off site from the main campus will have the fee waived unless they voluntarily pay the fee in order to have access to the recreation center. Additional information on Recreation Center services and fees can be obtained from the Department of Campus Recreation. Course fees In addition to tuition, course fees may be charged. The department offering the course determines course fees. Contact the appropriate department with questions: Typical course fees: Per 4 credit hour course$50/course Courses greater/less than 4 credit hours $12.50/credit hour 17 Course fees are charged for the following specialized courses 455 and 455 .............................................$35/course Applied Music Individual instruction...........................................$85/1 credit, $170/2-4 credit hours Group instruction .................................................$25/course Physical Therapy Courses.....................................$42.50/credit hour Course competency by examination fee Students who register for degree credit by course competency examination are assessed $34.00 per credit. Late registration fee Students registering during the late registration period for a semester (or session) are assessed an additional non-refundable late registration fee of $35.00. Late payment penalty 1.5% late payment penalty will be assessed monthly on delinquent outstanding student account balances. Application fee $25.00 fee must accompany all applications for admission to undergraduate degree programs for a particular term. The fee is $30.00 for applications to graduate programs. If an applicant decides to reapply for a later term, a new application and fee must be submitted. Readmission fee Students applying for readmission to the university must complete readmission forms and pay the $25.00 readmission fee. The readmission fee for graduate students is $30.00. See Readmission for additional information. Enrollment deposit Students admitted for the fall semester must pay a $75.00 deposit by May 1 (preceding fall enrollment). The deposit is nonrefundable after May 1. Students admitted after May 15 for the next fall semester must pay this deposit within three weeks of admission. This deposit will be applied to the student\u2019s account and will offset future fee assessments. Requests for deposit refunds may be made in writing to the Office of Admissions and Enrollment Management prior to May 1. Graduation service fee Degree candidates must file an application-for-degree with the Cashier\u2019s Office or Academic Records Office, 102 O\u2019Dowd Hall, and pay a non-refundable fee of $30.00 by the deadline established in the Schedule of Classes for the semester or term in which a student plans to graduate. Students may apply in the preceding semester or term as well. (see Undergraduate degree requirements). Orientation and advising fee $80.00 orientation and advising fee for freshmen ($55.00 for transfer students) is charged to cover the expense of orientation and the ongoing advising process. These fees are non-refundable. 18 Residential service fees Residence halls and apartments are financially self-supporting. Housing fees, including room and board, reflect the actual cost of operation and are established by the Oakland University Board of Trustees. The 2003-2004 rate for double room and board is $5,515, which includes a $16.00 hall government fee, and is for fall and winter combined. Single room fees, if available, are an additional $990. Residence halls offers four meal options: Unlimited Meals plus 100: Unlimited meals per week in the cafeteria and $100 to purchase meals at any Chartwells food operation. 14 Meals plus 200: 14 meals per week in the cafeteria and $200 to purchase meals at any Chartwells food operation. 10 Meals plus 500: 10 meals per week in the cafeteria and $500 to purchase meals at any Chartwells food operation. 5 Meals plus 700: 15 meals per week in the cafeteria and $700 to purchase meals at any Chartwells food operation. University Student Apartments are available for single students who are at least 20 years old. Students can select from 2-bedroom, 3-bedroom (handicapped accessible), or 4-bedroom apartment styles. The 2003-2004 academic year rate for a 4-bedroom apartment is $4,455. Students living in the apartments are not required to have a meal program. Voluntary meal plans are available for purchase. George T. Matthews Family apartments are available for married students and single parent families. All of the apartments are 2-bedroom, townhouse style. The monthly rental rate is $650 $100 non-refundable down payment is due with all housing contracts. This down payment will be credited against the first housing payment. Students who sign a housing contract are committing to a binding agreement for the contract period. The housing fees may be paid in full at registration or paid in installments as specified in the Schedule of Classes. If students withdraw from Oakland University, room and board fees are refunded on a prorated basis less penalty fees as described in the terms and conditions of the contract. Formal notice of withdrawal must be given to the Housing Office. Refund of tuition and fees Students who withdraw from Oakland University or drop courses that reduce their total credit load may be eligible to receive a partial refund of tuition and fees. Failure to drop or withdraw formally will result in forfeiture of any refund. Official drops and complete withdrawals from all courses must be submitted either in person or by certified mail to the Registration Office (100 O\u2019Dowd Hall), or by fax (248-370-3461). Students may also drop courses up to the last day to drop as published in the Schedule of Classes by using the Student Access Information Line (SAIL) at 248-370-4646 or in person at 100 O\u2019Dowd Hall. See also Adjusting courses (add and drop). The date that notification is received in the Registration Office determines the applicable refund specific schedule of refunds, with qualifying dates, is published each semester and session in the Schedule of Classes. Information regarding the method of calculating refunds for financial aid recipients can be found in the current Focus on Financial Aid pamphlet, which is provided to financial aid recipients and available to others upon request. Refund checks will be mailed approximately two weeks after a withdrawal has been filed with the Registration Office (with the exception of September and January when refunds are held until after the date of record for release 19 Requirements of the Taxpayer\u2019s Relief Act of 1997 The Taxpayer\u2019s Relief Act of 1997 was passed by the Congress and signed into federal law by the president in 1997 to offer American taxpayers some tax relief if they made payments during the tax year to a qualified university. Part of this law is a requirement that the university receiving such payments report annually to the taxpayer and the Depart- ment of the Treasury the taxpayer\u2019s identification number (TIN), also known as the social security number (SSN), the taxpayer\u2019s name and amounts paid to the university during the previous tax year. This information is to be reported regardless of the taxpayer\u2019s intention to actually take a credit or deduction under this law. Only students not taking for-credit courses or foreign visitors without taxpayer identification numbers are exempt from this requirement. The university must therefore receive your TIN, or before it can conduct billing and receipting transactions with you. You can find more information about this law on the web at or by going to the Internal Revenue Service site and refer to the \u201cTax Regs\u201d section. This public law is in the Internal Revenue Code, Section 6050S. Residency classification for admission and tuition purposes For university purposes, \u201cdomicile\u201d is defined as the place where an individual intends his/her true, fixed and permanent home and principal establishment to be, and to which the individual intends to return whenever away. Upon admission to the university, a student is classified either as a Michigan resident or a nonresident based upon information relating to the student\u2019s domicile determination of Michigan domicile is required for in-state rates to apply, except as stated below. An individual whose activities and circumstances, as documented to and found by the university, demonstrate that the individual has established a Michigan domicile will be classified as a resident. An individual whose presence in the state is based on activities or circumstances that are indeterminate or temporary, such as (but not limited to) educa- tional pursuits, will be presumed not to be domiciled in Michigan and will be classified as a nonresident. To overcome a presumption of nonresident status, a student must file an Application for Reclassification of Residence Status and document with clear and convincing evidence that a Michigan domicile has been established. The burden of proof is on the applicant. Evidence of domicile: Certain circumstances, although not controlling, support a claim of domicile. Other circumstances create a presumption against domicile. Circumstances supporting a claim of domicile include: \u2022 Dependence upon a parent domiciled in Michigan as demonstrated by permanent employment and establishment of a household in the state; \u2022 Employment of the student or the student\u2019s spouse in Michigan in a full-time, permanent position, and that employment is the primary purpose for the student\u2019s presence in Michigan; \u2022 Residence with Michigan relatives who provide more than half of the student\u2019s support including educational costs. This necessarily means that no non- Michigan resident claims the student as a dependent for income tax purposes. The fact that certain indications of domicile may apply to a student does not mean that the student automatically will be classified as a resident or that the student is relieved of the responsibility for filing an application. See Residency application process below. Circumstances that do not in themselves support a claim of domicile include: \u2022 enrollment in high school, community college or university; \u2022 employment that is temporary or short-term military assignment; 20 \u2022 employment in a position normally held by a student; \u2022 ownership or lease of property; \u2022 presence of relatives in the state, except as described above; \u2022 possession of a Michigan driver\u2019s license or voter\u2019s registration; \u2022 payment of Michigan income or property taxes; \u2022 the applicant\u2019s statement of intent to be domiciled in Michigan. In cases where the university determines that an applicant has not demonstrated establishment of Michigan domicile, unless substantial and new information arises that clearly demonstrates the establishment of domicile, the university will require the applicant to document one year of continuous physical presence in the state as one of the criteria for determining eligibility for resident classification in any subsequent application. The year of continuous presence is never the only criterion used for determining resident eligibility, and, in itself, will not qualify a student for resident status. In documenting the year of continuous physical presence in Michigan, the applicant will be expected to show actual physical presence by means of enrollment, employment, in-person financial transactions, health care appointments, etc. Having a lease or permanent address in the state does not, in itself, qualify as physical presence short-term absence (summer vacation of 21 days or less, spring break and break between fall and winter term), of itself, will not jeopardize compliance with the one-year requirement. In determining the effect of a short term absence, the nature of the absence will be assessed to determine whether it is contrary to an intent to be domiciled in Michigan. Presumption of domicile: Certain circumstances create a presumption of domicile. However, the presence of such a circumstance does not mean that the student will be classified automatically as a Michigan resident or that the student is relieved of the responsibility to file an application. These circumstances include: Dependent students student is presumed to be a dependent of his or her parents if the student is 24 years of age or younger and has been primarily involved in educational pursuits or has not been entirely financially self-supporting through employment. (a) Residents: The following applies only if the student has not taken steps to establish a domicile outside of Michigan or any other action inconsistent with maintaining a Michigan domicile dependent student whose parents are domiciled in Michigan is presumed to be eligible for resident classification dependent student whose parents are divorced is presumed to be eligible for resident classification purposes if one parent is domiciled in Michigan student who is living in Michigan and is permanently domiciled in Michigan does not lose residence status if the parents leave Michigan, provided: (i) that the student has completed at least the junior year of high school prior to the parents\u2019 departure, and (ii) that the student remains in Michigan, enrolled as a full-time student in high school or an institution of higher education. (b) Non-residents dependent student whose parents are domiciled outside the state of Michigan is presumed to be a nonresident. Absences from the state: Individuals domiciled in Michigan immediately preceding certain types of absences from the state may retain their eligibility for resident classifica- tion under the following conditions 21 \u2022 An individual domiciled in Michigan for 5 years just prior to leaving the state for less than one year may return to the university as a resident for admission and tuition purposes. \u2022 An individual domiciled in Michigan at the time of entry into active military duty, missionary work, Peace Corps or similar philanthropic work does not lose eligibility for resident classification as long as he or she is on continuous active duty and continuously claims Michigan as the state of legal residence for income tax purposes. Dependent children of such an individual also are eligible for resident classification provided: (i) that they are coming to the university directly from high school or they have been continuously enrolled in college since graduating from high school, and (ii) that they have not claimed residency elsewhere for tuition purposes. \u2022 An individual who is domiciled in Michigan immediately preceding an absence from the state for full-time enrollment in school or for a medical residency program, internship or fellowship does not lose eligibility for resident classification provided that the individual has maintained significant ties to the state during his or her absence (e.g., parents still in the state, payment of state taxes, active business accounts), and that the individual has not claimed residency for tuition purposes in another state. Resident status of aliens: Notwithstanding the above, except for those aliens holding a permanent resident visa, the only aliens eligible for consideration for classification as a resident are those who are on a visa other than a student visa; and who are engaged in permanent employment in the United States; and whose employer has filed or is in the process of filing for permanent resident status on behalf of the alien. An alien will be eligible for consideration if the alien\u2019s parents or spouse meet(s) the alien requirements above and dependent status also exists. Application of in-state tuition rates in special circumstances: Regardless of domicile, in-state tuition rates apply to the following persons: \u2022 Graduate students who hold an assistantship or fellowship awarded through Oakland University; \u2022 Students employed in Michigan in full-time, permanent positions. Appeal process: Any student desiring to challenge his or her initial residency classifica- tion may appeal the determination to the Residency Reclassification Appeals Office, 101A O\u2019Dowd Hall, (248-370-3455). The Associate Registrar makes the initial determi- nation of residency. Registrar is the second level of appeal and the Residency Reclassifi- cation Appeals Committee is the third level of appeal and is composed of two individuals: Vice Provost for Enrollment Management and a representative from the Provost\u2019s Office. The committee convenes only as necessary. The determination of Residency Reclassifica- tion Appeals Committee is final. Residency application process It is the student\u2019s responsibility to apply for admission under the proper residency classification. If a student indicates Michigan resident status on the admissions applica- tion and the admissions office questions that status, the student will be classified as a nonresident and notified of the need to file an Application for Reclassification of Residence Status with the Residency Appeals Office. The fact that a student\u2019s claim to residency for university purposes is questioned does not necessarily mean that he or she will be ineligible for resident status; it simply means that the student\u2019s circumstances must be documented and reviewed. Failure on the part of admissions staff to question a student\u2019s claim to resident eligibility does not relieve the student of the responsibility to apply and 22 register under the proper residency classification. Furthermore, the university may audit enrolled or prospective students at any time with regard to eligibility for resident classification and may reclassify students who are registered under an improper residency classification. The presence of any of the following factors will result in an initial classification as a nonresident: \u2022 Out-of-state employment within the last three years; \u2022 Living out of state at the time of application to the university; \u2022 Attendance or graduation from an out-of-state high school (applies if the individual is 24 year of age or younger); \u2022 Attendance or graduation from an out-of-state high school and involvement in educational pursuits for the majority of time since graduation from high school. Residency reclassification documentation: The following are required: \u2022 a completed application; \u2022 a written signed statement explaining why Michigan is one\u2019s true home; \u2022 a letter from the employer of the family member providing the major support for the student stating the family member\u2019s position title, when the Michigan employment began, and, for aliens, the status of any application for permanent residency; \u2022 documentation of the Michigan home (lease or home purchase document) must be included; and \u2022 application must be submitted 30 days prior to the first day of the term. Applicants also are responsible for providing any other documentation necessary to support their claim to resident eligibility. Additional documentation may be required by the university. Misrepresentation and classification of information: Applicants or students who provide false or misleading information or who intentionally omit relevant information in any document relevant to residency eligibility may be subject to legal or disciplinary measures including revocation of admission or expulsion. Students improperly classified as residents based on this type of information will have their residency classification changed and may be retroactively charged nonresident tuition for the period of time they were improperly classified. Financial Aid and Scholarships Introduction Oakland University is committed to making a college education possible for all students. The purpose of the financial aid and scholarship programs at Oakland University is to help students and their families in paying educational expenses. Many programs operate under the assumption that the primary responsibility for financing a college education rests with the student and the student\u2019s family; a variety of scholarships, grants, loans and student employment opportunities are available through Oakland University, federal, state, local and private resources. Office hours The Financial Aid Office, which includes student employment, is located in 120 North Foundation Hall. The office is open from 8:00 a.m. until 5:00 p.m. Monday through Friday 23 Applying for financial aid and scholarships To apply for financial aid and scholarships you must be admitted to Oakland University in an eligible degree or certificate program of study. Your application for admission to Oakland University automatically serves as an application for all initial scholarships. To be considered for federal, state, or need-based aid, you must complete the Free Application for Federal Student Aid (FAFSA). It is recommended that you complete the over the Internet at a paper application is available from high school counseling offices and college and university financial aid offices. To maximize your financial aid award package, we recommend that you complete your application as soon as possible after January 1. Be sure to include Oakland University\u2019s federal school code of 002307. The Financial Aid Office will begin to notify students in March of the amount and types of financial aid for which they are eligible. Financial Aid is initially offered for the regular academic year of fall and winter semesters. An Oakland University spring/summer financial aid application is available on the financial aid website at http:www3.oakland.edu/ oakland/financial aid in February. The Federal Government selects a percentage of applicants every year for verification of accuracy. If you are selected, you must provide verification documents to the Financial Aid Office. Information for aid recipients Financial aid recipients please read carefully the following: 1. Financial Aid and scholarships are disbursed based upon the enrollment and residency status listed on the \u201caward notification.\u201d 2. Financial aid is applied directly to your university account to pay for tuition, fees and residence hall charges. Any funds in excess of your total university charges will be made available to you in the form of a refund check. Read each semester\u2019s Schedule of Classes under \u201cPayment\u201d for a detailed account of financial aid disbursement procedures. 3. All financial aid awards are contingent upon state and federal appropriations of funds. 4. If you have accepted an offer of work-study, please be advised this that you will receive a job. You should register for employment as early as you can according to the following: students who have never worked on- campus before must complete an employment registration form, a W-4 form and an I-9 Employment Eligibility Verification form (all are available from the Financial Aid Office). Applicants must also submit to the office a copy of their Social Security card and picture identification. Students who have worked on-campus before need only complete an employment registration form. One form is required for the fall/winter semesters, another for the spring/summer terms. 5. If you have been offered a William D. Ford Federal Direct Loan, the amount on your award letter is the gross amount of the loan. The amount you receive will be reduced by 1.5 percent.* You must attend loan counseling before your first loan can be disbursed. If you wish to apply for a loan for spring, please make your request after the spring Schedule of Classes has been published. 24 6. You must report to the Financial Aid Office the type and amount of any scholar- ships or other financial assistance you are receiving from non-university sources. Such scholarships or assistance may result in a revision or reduction in the amount of aid offered you. 7. Revisions of financial aid awards may be made in those cases where a significant change of family circumstances has occurred and can be documented (provided funds are available). Requests for revisions should be made in writing to the Financial Aid Office. (See \u201cUnusual Circumstances\u201d below.) 8. Falsification of information submitted for purposes of obtaining financial aid will result in cancellation of aid. 9. Any error made by the university in determining eligibility for aid, or in the amount of aid disbursed, will be corrected. If an error should result in an overpayment, you will be billed for the excess amount you received disclosure statement will be sent to you from the U.S. Department of Education\u2019s loan servicer that will state the gross amount of the loan processed, the amount of the origination fee and the net amount to be disbursed to you, with the dates the funds may first be disbursed. If you wish to decline any or all of the loan offered to you, you must notify the Financial Aid Office. Student responsibilities in the financial aid programs 1. In general, students must be enrolled at least half-time to receive financial aid. Half-time enrollment is a minimum of six credits per semester for undergraduate students. During the spring and summer terms, half-time enrollment is four credits for undergraduates. (The Michigan Adult Part-Time Grant is one exception to the half-time enrollment requirement; minimum enrollment is three credits. The Pell Grant Program is the other exception to the half-time requirement; if other eligibility requirements are met, minimum enrollment is one class.) 2. Students must give priority in paying their university bill with their financial aid. This includes using earnings from College Work-Study to make payments toward university charges. College Work-Study earnings cannot be credited to an account for payment of tuition, housing, or short term loans. 3. The Financial Aid Office must be notified of changes in enrollment or residency status or a change in name. Unusual circumstances Major changes in a family\u2019s financial circumstances occurring after financial data has been filed (death, divorce, disability, long-term unemployment of a wage earner, etc.) should be reported in writing to the Financial Aid Office. Such changes in status will be reviewed and the student will be advised as to what additional information should be provided. Sources of Financial Aid Federal financial aid programs (requires completion of the FAFSA) Federal Pell Grant Eligibility for this program is determined by the U.S. Department of Education. Eligibility is limited to students seeking the first undergraduate degree. Grants range from a minimum of $400 to a maximum of $4,000 (for the 2002-03 school year 25 Federal Supplemental Education Opportunity Grant (SEOG) The program is for students who have not yet earned their first undergraduate degree and who demonstrate exceptional financial need (priority is given to Pell Grant recipients). The grant cannot be less than $100 or more than $4,000 per year as determined by the institution. Federal Perkins Loan The Perkins Loan Program is a low interest (5 percent) loan to assist students in meeting their educational expenses. Loans are available to graduate and undergraduate students who demonstrate exceptional financial need. The maximum annual loan amount limit for an eligible student is (1) $3,000 for a student who has not yet completed an undergraduate degree program or (2) $5,000 for a graduate or professional student. Repayment begins nine months after graduation, withdrawal or enrollment less than half- time. Students may be allowed up to 10 years to repay the loan based upon the amount borrowed. It is also possible to defer loan payments under certain conditions (information concerning deferments is available from the Financial Aid Office). Federal Work-Study The Federal Work-Study program provides jobs for students who are in need of earnings to assist in meeting their educational expenses. Graduate and undergraduate students may be selected for employment if they demonstrate financial need. In addition to Federal Work-Study employment, jobs are also available to students through the university\u2019s student employment program. Eligible students are placed into jobs that are posted by university departments. In arranging a job and determining how many hours per week a student may work, the following factors will be taken into account: (1) the amount of a student\u2019s financial need; (2) the student\u2019s class schedule; and (3) the student\u2019s educational program or vocational goals. The rate of pay is at least equal to the Federal minimum wage. Higher hourly wages may be paid depending upon the job and the student\u2019s qualifications. Federal Direct Student Loan Program The Federal Direct Student Loan Program is designed to provide loans to undergradu- ate and graduate students who are enrolled at least half time. Eligibility for the subsidized Direct Loan is based on need. Although eligibility for the unsubsidized Direct Loan is not based on need, students must first apply for their maximum eligibility through the subsidized Direct Loan, and are therefore required to apply for financial aid. Students may never borrow more than the cost to attend minus other aid received or up to the following maximums: Annual Loan Limits* Subsidized Unsubsidized By Grade Level Dependent Independent Freshmen (1-27 crs.) $2,625 $2,625 minus $6,625 minus subsidized awarded subsidized awarded Sophomore (28-55 crs.) $3,500 $3,500 minus $7,500 minus subsidized awarded subsidized awarded Junior (56-90 crs.) $5,500 $5,500 minus $10,500 minus subsidized awarded subsidized awarded Senior (91+ crs.) and Post Bachelor $5,500 $5,500 minus $10,500 minus (1 year eligibility) subsidized awarded subsidized awarded 26 Special Grad $8,500 $18,500 minus (1 year eligibility) subsidized awarded Graduate $8,500 $18,500 minus subsidized awarded Repayment of Federal Direct Loans begins six months after a student drops below half- time study, withdraws or graduates. The current interest rate (variable) is posted outside the Financial Aid Office and is based on the rate of the 91 day T-bill plus 3.1% (adjusted every July 1). The rate of interest on new loans may not exceed 8.25%. An origination fee of 1.5% is deducted from the administrative costs of the program. Students who receive Direct Loans are required to have loan counseling before they receive their first check and then again before they leave the university loan counseling session offers information regarding repayment options, debt management strategies and borrower responsibilities. These topics are discussed with borrowers to prevent them from defaulting on their loans default occurs when a borrower fails to make installment payments for 180 consecutive days and will result in the Financial Aid Office placing a hold on a student\u2019s academic records, preventing the release of his academic transcript. In addition, the state and federal governments may assess additional penalties such as assignment to a collection agency, withholding of state and federal tax refunds, or initiation of legal action. First time borrowers of a direct loan will receive a promissory note that must be completed and submitted to the Financial Aid Office. This master promissory note should be sufficient for applications for funds for up to four years (or 20 disbursements).. Federal direct student loans for parents Loans) The Federal Direct Loan Program is not based on financial need, and allows parents to borrow money for a dependent student. To be eligible to apply, the student must be enrolled in or accepted to a degree granting program. The Direct Loan Application and Promissory Note is available from the Financial Aid Office. Parents may borrow up to the cost of the student\u2019s education (as determined by the university) minus other financial aid. The interest rate is variable, with a cap of 9%. The current rate is posted outside the Financial Aid Office and is based on the rate of the 52 week T-bill plus 3.1 % (adjusts every July 1). An origination fee of 1.5% and a guarantee fee of 1% will be deducted from the loan and the borrower receives the net proceeds. The fees are used to cover administrative costs of the program. The first payment is due within 60 days of the first disbursement. Several different payment plans are available. Detailed information concerning application procedures is available from the Financial Aid Office. Other programs and services Oakland University Grant The Oakland grant is available to high-need residence hall students who are enrolled full time in their first undergraduate degree program 27 Local and Private Resources In addition to government and school sources of assistance, many private agencies support student assistance programs. Some of these are local social groups, professional associations, civic organizations, corporations, churches and unions. Since these programs vary from one community to the next, information concerning them varies as well. Further information may be obtained from the sponsoring organizations, high school counseling offices, and the Financial Aid Office website at www3.oakland.edu/oakland/financialaid (see \u201cAccess Public Scholarship Search Tools\u201d). State of Michigan programs (requires completion) Michigan Competitive Scholarship Initial qualification is based upon performance on the examination, which must be taken while the student is in high school. Scholarship recipients must be a State of Michigan resident, demonstrate financial need and meet the general eligibility require- ments established by the state legislature. Additional information is available from all high school counseling offices. Oakland University must be listed as the first school of attendance on the FAFSA. Maximum award is $1,300 based on 2002-03 school year. Michigan Merit Award Scholarship The Michigan Merit Award Scholarship is a merit-based scholarship program for high school seniors to reward student achievement and to make postsecondary education more affordable. To be eligible for the program, a student must take the Michigan Education Assessment Program (MEAP) High School Tests (HST) in mathematics, reading, science, and writing. Students who score at Level 1 (Exceeded Michigan Standards) or Level 2 (Met Michigan Standards) on these four tests and meet all other eligibility requirements will qualify to receive the $2,500 scholarship award to be received over a two-year period. Michigan Nursing Scholarship To be eligible for a Michigan Nursing Scholarship a student must be a State of Michigan resident, have graduated from high school (or GED), be enrolled during the award period in a Nursing or Pre-nursing Degree Program that leads to licensure of the same in the state of Michigan and can receive up to $4,000, subject to the level of enrollment. Michigan Educational Opportunity Grant (MEOG) The Program is designed to provide grant assistance for up to $1,000 for needy undergraduate students who are Michigan residents and are enrolled at least half time. Michigan Work-Study Program The Michigan Work-Study Program is designed to provide work opportunities for needy undergraduate students who are Michigan residents and are enrolled at least half time. (See \u201cCollege Work-Study\u201d description on how to register for employment.) Michigan Adult Part-Time Grant Program The Adult Part-Time Grant is designed to provide grant assistance for up to $600 per year for not more than two years of study, for needy, adult undergraduate students who are Michigan residents and are enrolled on a part-time basis (3-11 credit hours). The costs of attending Oakland University Costs of attendance include tuition and fees, books, room and board, transportation and personal expenses. The allowance for tuition is based on the average enrollment of full- 28 time students: 14 credits per semester for undergraduate students and 9 credits per semester for graduate students. The allowances used in determining financial aid eligibility for freshmen and sophomore students are as follows (based on the 2002-03 school year): Residence Hall/Commuter Commuter living with parents not living with parents Tuition $4,039 $4,039 Fees 486 486 Books/Supplies 576 576 Room and Board 5,318 2,000 Personal 594 594 Transportation 1,020 1,020 $12,033 $8,715 These are the costs as of August 2002 and are based upon full-time enrollment for the fall and winter semesters and for a double room, room and board residence hall contract. For tuition and fee charges for juniors and seniors, add $371.00. For graduate students, add $725.00. (Refer to the Schedule of Classes for current charges.) Full-time students who are not Michigan residents are charged additional tuition as follows: Freshmen and sophomores ....................... $6,153 Juniors and seniors .................................... $6,531 Graduates .................................................. $4,311 Determination of financial need When family and student resources are insufficient to meet educational expenses, the student is considered to have demonstrated \u201cneed\u201d for financial aid. Financial need is determined as follows: the information provided by the family on the Free Application for Federal Student Aid, which is a listing of family resources, is analyzed according to a system mandated by the United States Congress. The review results in the determination of an \u201cexpected family contribution\u201d (the amount the family is expected to provide toward the student\u2019s educational expenses during the academic year). The expected family contribu- tion is then subtracted from the cost of attending the school to determine the amount of financial aid need. Packaging of financial aid Financial Aid is offered in the form of scholarships, grants, loans and/or student employ- ment, but may not exceed the cost of attendance. Oakland University, within the constraints of limited resources, attempts to meet the financial need of its students. Appeal procedure for financial aid and scholarship recipients The appeal procedure involves grievance of a policy or procedure as opposed to a grievance of federal and/or state guidelines and regulations. The procedures for appealing institutional financial aid policies or for appealing whether or not the Financial Aid Office has appropriately administered a program or policy are as follows: 1. The student provides a written grievance or complaint to the Financial Aid Office. 2. The Financial Aid Office administrative staff promptly reviews the grievance or complaint in conference 29 3. If a solution is reached as a result of the review occurring in (2), the student is immediately informed in writing. 4. If a solution is not reached because the grievance or complaint requires an action by the student, the student will: a) be notified in writing of the action required, or; b) be asked to meet with the financial aid staff. 5. If the grievance or complaint concerns a policy or the administration of a policy or program that is within the purview of another department, the Financial Aid Office will confer with that department on the student\u2019s behalf or the student will be referred directly to the department. 6. If the student wishes to appeal any decision resulting from the procedures followed above, a review may be requested by the Financial Aid Committee review may be requested by submitting an appeals form, which is available from the Student Congress Office, the Hamlin Hall reception desk and the Student Life Office. Standards of satisfactory academic progress Oakland University is committed to providing fair and equal access to resources to meet educational costs for students, based upon financial need. To receive federal, state and institutional financial aid at OU, you must meet the academic progress standards outlined in this statement. The Financial Aid Office monitors the academic progress of continuing students at least once a year, after the winter semester. Your complete academic record at Oakland University will be used to determine if you satisfy the progress requirements, even if you did not receive financial aid for the enrollment period. These progress standards are applicable to the following programs: College Work-Study, Federal Direct Loans, Federal Loans, Michigan Adult Part-Time Grants, Michigan Competitive Scholarships, Michigan Educational Op- portunity Grants, Michigan Work-Study, Oakland University Institutional Scholar- ships, Oakland University Grant, Pell Grants, Perkins Loans, Supplemental Educa- tional Opportunity Grants Some scholarships have standards stricter than those outlined here. Those standards vary for each scholarship and are explained in the scholarship descriptions. Two criteria must be met in order to determine whether students are meeting the Standards of Satisfactory Academic Progress: 1. Qualitative \u2013 Students must maintain a cumulative of 2.00 at all times. Students failing to meet the requirement are placed on Financial Aid Warning and are given until the end of the next enrolled semester to make up the deficiency. Students who choose not to enroll at Oakland University during the warning period will be evaluated as of their next fall or winter enrollment. Students who fail to achieve the required by the end of the warning semester are no longer eligible to receive financial aid. Students who achieve a cumulative of 2.00 or above regain eligibility and may apply for financial aid their next semester of enrollment. 30 Students who lose their eligibility due to deficient may appeal if unusual or extreme circumstances exist, such as illness, severe injury, personal or family crisis, or the death of a student\u2019s relative. Appeals must be submitted to the Financial Aid Office in a timely fashion for consideration deadline for appeal will be provided in the letter notifying students that standards have not been met. 2. Quantitative \u2013 Students must be completing courses and making progress toward degree requirements. Students must complete a minimum of two-thirds (67%) of credit hours attempted each academic year. Students who fail to meet this requirement are placed on Financial Aid Warning and are given until the end of the next enrolled semester to make up the deficiency. Students who fail to complete at least two-thirds (67%) of attempted credit hours while in their warning semester are no longer eligible to receive financial aid. Students may regain their financial aid eligibility by successfully completing 12 semester credit hours at their own expense. Students who lose their eligibility due to completion may appeal and must adhere to the appeals process as stated above Financial Aid Appeals Committee will be established to review Satisfactory Academic Progress appeals. This committee will be comprised of staff from Financial Aid, Academic Advising and the Dean of Students\u2019 Office. Decisions of the committee are final. Students will be responsible for providing adequate information to make their situation known to the appeals committee. Decisions will be made based on the informa- tion provided with no subsequent meeting on the part of the committee. Calculating what you will be expected to pay To determine what you and/or your parents will need to pay toward your bill, you should do the following: 1. Add up your charges for tuition and fees and room and board (if applicable). 2. Add up the amount of money (excluding work study) you will receive for the semester as shown on your award letter. Subtract this from the total you calculated in #1 above. 3. If your financial aid is greater than your charges, you will receive a refund. If your charges are greater than your financial aid, you are responsible for paying the difference by the appropriate due date. EXAMPLE: Tuition & fees $1,950 Room & board +2,450 Total charges $4,400 Total financial aid $3,500 Total charges -4,400 $ 900 Balance due university Financial aid disbursement policy Financial aid will be disbursed by crediting the student account (excluding non- disbursable aid such as work study). If authorized financial aid* exceeds charges, a student may elect to transfer up to $300 of their excess financial aid to their Spirit Card to purchase books. These funds will be available for use at the Bookstore five (5) business days prior 31 to the first day of classes. An active Spirit Card and a signed authorization is required. If there is any remaining credit balance on the student account, a check will be mailed to the student within 14 days of the day the financial aid was credited to the account. * Authorized financial aid means that the financial aid is ready to be credited to the student account: all appropriate paper work is complete and handed in; the student is registered for the appropriate number of credit hours; the student has an active housing contract on file if the aid requires dorm residency. Return of Title financial aid funds If a student withdraws from school, before the 60% completion point of the semester, a calculation will be performed to determine the \u201cearned\u201d amount of Title funds the student is entitled to keep. The calculation will determine: (1) the amount of funds disbursed to the student, (2) the length of time the student attended, (3) the amount of funds the student is entitled to keep, (4) the amount of funds to be returned to the program by the school, and (5) the amount to be returned/paid by the student. Title funds include: FSEOG, Pell Grants, Perkins loans, and Federal Subsidized, Unsubsidized and Parent Direct Loans. For example: John Doe attends Oakland University fall semester 2003. Classes begin on Sept. 2, 2003. Finals end on December 16. John receives a Federal Pell Grant of $1,200 and a Subsidized loan of $1,500. John\u2019s total tuition and fee expenses were $1,681.40. All of John\u2019s financial aid was disbursed to his student account paying his fall tuition and fees. Excess financial aid of ($2,700 - $1,681.40) $1,018.60 was sent to John by check. John decides to withdraw from the university on Oct. 27 calculation is performed to determine the amount of \u201cearned\u201d Title funds: There are 106 days in the fall semester. John withdrew on Oct. 27, 2003. John attended 56 days or 56/106= 52.8% of the semester. John \u201cearned\u201d 52.8% of the $2,700. Title funds disbursed to his account, or $1,425.60. The difference of $1,274.40 must be returned to the Title program. Oakland University will: (1) take away $1,274.40 in Title funds, (2) post a charge of $1,274.40 to John\u2019s student account, and (3) send $1,274 back to the loan program to reduce the subsidized loan. The balance of $1,274.40 on John\u2019s account will prevent him from registering for future semesters and prevent him from obtaining his transcripts until the balance is paid in full. Should the calculation result in an amount to be returned to the Federal Pell Grant or Federal programs, the account will be referred to the Department of Education for repayment student who owes a grant repayment retains eligibility for Title assistance for 45 days. To continue eligibility past 45 days, the student must either pay the overpayment in full or make satisfactory arrangements to repay the Department of Education. * Students are considered to have \u201cearned\u201d 100% of their Title funds if they withdraw after the 60% completion point of the semester in which they withdraw. Scholarships The wide range of scholarship opportunities at Oakland University indicates the scope of the university\u2019s commitment to academic excellence, student leadership and achievement. Scholarships are awarded on the basis of accomplishment and are not contingent upon financial need. Many awards are made in early spring for the next academic year and are only available to those students entering in the fall semester. Most 32 scholarships are renewable if recipients meet the criteria outlined at the time the scholarship was originally awarded. The process for scholarship renewal is automatic and does not require the submission of an application. Following is a list of the scholarships awarded to new incoming students by the Office of Admissions. Anibal Excellence Scholarship: Recognizes high academic performance of entering high school students. Students must have a minimum 3.50 high school GPA. Scholarships may be renewed for a total of eight semesters as long as a recipient maintains a cumulative 3.25 GPA. Auburn Hills Scholarship: Three scholarships in the amount of tuition and fees awarded annually to students graduating from high schools serving the city of Auburn Hills. The awards are based on academic excellence and are renewable. Carrell T. Sherman Scholarship: Awarded to an academically promising student from Macomb County who demonstrates financial need. Preference will be given to students who come from farm families. The scholarship is renewable. David and Marion Handleman Scholarship: Half-tuition scholarships available to Honors College students who demonstrate financial need. Scholarships are offered both to students who are demonstrated leaders and who have performed well academically, and also to students who have demonstrated academic promise. Detroit Compact Scholarship: Awarded to graduating Detroit Compact high school seniors who have met Detroit Compact criteria, which include a 3.00 high school and a composite score of 21 on the ACT. Scholarships may be received for a total of eight semesters as long as a 2.50 is maintained. Dorothy and Walton Lewis Scholarship: Awarded to an academically promising student from Detroit who demonstrates financial need. The scholarship is renewable. Florine Trumbull Scholarship: Recognizes academic achievement of entering nursing students. Recipients must be graduates of Michigan high schools. Scholarships may be renewed for a total of eight semesters as long as the recipient maintains a 3.00 GPA. George and Lottie Ford Scholarship: Awarded to an academically promising minority student from Oakland County. The recipient must enroll full-time in a program of professional study. The scholarship is renewable. Isaac Jones Memorial Scholarship: Awarded to an academically promising student from Pontiac. The scholarship may be renewed for a total of eight semesters. Kurtis Kendall Memorial Scholarship: Recognizes achievement in the sciences for men and women entering Oakland University with goals of research in medical areas. Students should have a minimum of 3.40 high school GPA. Scholarships may be renewed for a total of eight semesters as long as a recipient maintains a 3.25 and continues to major in the sciences. Oakland University Engineering Scholarship: Awarded to entering engineering students and based on a minimum 3.50 high school and scores on a standardized test. Scholarships may be renewed for a total of eight semesters as long as a recipient maintains a 3.00 and continues to major in engineering. Oakland University Music, Theatre and Dance Scholarship: Awarded to freshmen or community college transfer students with exceptional performance ability. Applicants must audition at the request of the Department of Music, Theatre and Dance. Scholarship amounts vary and may be renewed for a total of eight semesters for students who enter as freshmen or four semesters for students who enter as trans- fers. Additional awards are available to students selected as members of performing ensembles. Renewal is upon recommendation of the Department of Music, Theatre and Dance. Oakland University Presidential Scholarship: Awarded each year to high school students in recognition of outstanding academic achievement and citizenship 33 Students must have a minimum 3.50 high school and be interviewed by a university representative. The scholarships may be renewed for a total of eight semesters. Oakland University Student Life Scholarship: Awarded to students who have shown leadership potential, either in high school or community college. Students must have a minimum 3.00 GPA, be active in cocurricular or extracurricular activities and reside in university residence hall. Scholarships may be renewed for a total of eight semesters for students who enter as freshmen or four semesters for students who enter as transfers. Oakland University Talented Scholar Awards: Awarded to high school students in recognition of outstanding academic achievement. Students must have a minimum 3.50 high school GPA. Scholarships may be received for a total of eight semesters as long as a 3.25 is maintained. Oakland University Trustee Academic Success Scholarship: Recognizes academic performance of entering high school students, who must have a of 3.00 and an score of 22, and transfer students, who must have a of 3.00. The scholarship may be received for a total of eight semesters as long as a 2.30 is maintained. Oakland University Tuition Differential Scholarship: Awarded to nonresident high school students in recognition of academic achievement. Students must have a minimum 3.30 high school GPA, and recipients are required to live in the residence halls. Scholarships may be received for a total of eight semesters as long as a 2.00 is maintained. Phi Theta Kappa Scholarship: Recognizes academic achievement of students transferring from accredited community colleges or junior colleges in Michigan. Students should have a minimum of 3.50 for all college credit earned and at least 56 semester hours of transferable work. Scholarships may be renewed for an additional year (fall and winter semesters). Students must maintain a 3.00 GPA. The Varner Scholarships: Scholarship is awarded to first year students entering the College of Arts and Sciences. Recipients are chosen on the basis of their high school academic record scores, and demonstrated leadership qualities and achieve- ments. The Dean of the College of Arts and Sciences selects the recipients for this full tuition, room and board scholarship. Recipients also receive $2,500 for research, creativity or for related travel. Each Varner Scholar will be assigned a faculty mentor to support these activities. Wade McCree Incentive Scholarship: Awarded to graduating high school seniors who have participated in the Wade McCree Incentive Scholarship Program during high school and who have a 3.00 high school and a composite score of 21 on the ACT. Scholarships may be received for a total of eight semesters as long as a 2.50 is maintained. Oakland University also offers scholarships to students with special skills or abilities. Normally, applications are not required; recipients are identified by their talent or skill in a particular area. These scholarships are as follows: Athletic Scholarship: Awarded to men and women athletes with ability in one of the intercollegiate sports offered at Oakland. Scholarship amounts vary and are renewable for a maximum of eight semesters. Ben and Virginia Hawkins Scholarship: Awarded each year to a student of outstanding promise performing in the Meadow Brook Estate as selected by the Department of Music, Theatre and Dance. George and Elizabeth Pyle Seifert Merit Scholarship: Awarded each year to a student of outstanding promise performing in the Meadow Brook Estate as selected by the Department of Music, Theatre and Dance. The recipient must be a departmental major. 34 Gittlen Award for Achievement: Awarded annually to two seniors who have been active in the theatre as selected by the Department of Music, Theatre and Dance. Jacob Decker Dance Award: Awarded each year to a student of dance as selected by the Department of Music, Theatre and Dance. Marshall Page Atkinson Endowed Memorial Scholarship: Awarded each year to a student of outstanding promise performing in the Meadow Brook Estate as selected by the Department of Music, Theatre and Dance. Meadow Brook Estate Scholarship: Awarded each year to students performing in the Meadow Brook Estate. Recipients are selected by the Department of Music, Theatre and Dance. Nancy Schucart Molasky Scholarship: Awarded each year to an incoming student showing outstanding promise in vocal music. Oakland University Service Awards: Awarded primarily to entering students who intend to major in music, theater or dance. Recipients are selected by competitive audition late in the winter semester at the request of the Department of Music, Theatre and Dance. Award amounts vary and are renewable. Philip M. Cherven Memorial Endowment: Awarded each year to a student majoring in music as selected by the Department of Music, Theatre and Dance. Robert W. and Elaine M. Swanson Endowed Scholarship: Awarded each year to a student of outstanding promise performing in the Meadow Brook Estate as selected by the Department of Music, Theatre and Dance. The alumni of Oakland University support a number of different scholarships through their contributions. These include the following: Black Alumni Affiliate Scholarship: One non-renewable scholarship is awarded annu- ally in the amount of $2,000 to a qualified junior or senior. The recipient must be enrolled as a full time student and have a 3.0 in his or her major and a cumulative 3.0 at Oakland. College of Arts and Sciences Alumni Affiliate Scholarship: One non-renewable scholarship is awarded annually in the amount of $2,000 to a qualified junior or senior majoring in the arts and sciences. The recipient must be enrolled as a full time student and have a 3.00 in his or her major and a cumulative 3.00 at Oakland Honors College Alumni Affiliate Scholarship: One non-renewable scholarship is awarded annually in the amount of $2,000 to a qualified junior or senior majoring in the Honors College. The recipient must be enrolled as a full time student and have a 3.00 in his or her major and a cumulative 3.00 at Oakland. School of Business Administration Alumni Affiliate Scholarship: One non-renewable scholarship is awarded annually in the amount of $2,000 to a qualified junior or senior majoring in the School of Business. The recipient must be enrolled as a full time student and have a 3.00 in his or her major and a cumulative 3.00 at Oakland. School of Education and Human Services Alumni Affiliate Scholarship: One non- renewable scholarship is awarded annually in the amount of $2,000 to a qualified junior or senior majoring in the School of Education and Human Services. The recipient must be enrolled as a full time student and have a 3.00 in his or her major and a cumulative 3.00 at Oakland. School of Engineering and Computer Science Alumni Affiliate Scholarship: One non- renewable scholarship is awarded annually in the amount of $2,000 to a qualified junior or senior majoring in the School of Engineering and Computer Science. The recipient must be enrolled as a full time student and have a 3.00 in his or her major and a cumulative 3.00 at Oakland 35 School of Health Sciences Alumni Affiliate Scholarship: One non-renewable scholar- ship is awarded annually in the amount of $2,000 to a qualified junior or senior majoring in the School of Health Sciences. The recipient must be enrolled as a full time student and have a 3.00 in his or her major and a cumulative 3.00 at Oakland. School of Nursing Alumni Affiliate Scholarship: One non-renewable scholarship is awarded annually in the amount of $2,000 to a qualified junior or senior majoring in the School of Nursing. The recipient must be enrolled as a full time student and have a 3.00 in his or her major and a cumulative 3.00 at Oakland. Frances C. Amos School of Business Alumni Scholarship: Awarded each year to a junior or senior with major standing in the School of Business in the amount of $500 per semester for up to four semesters. To qualify a student must maintain at least a 3.40 in the School of Business and a cumulative 3.40 at Oakland. Thomas A. Yatooma Engineering Alumni Memorial Scholarship: Awarded each year to a junior or senior with major standing in the School of Engineering and Computer Science in the amount of $1,000 per semester for up to two semesters. To qualify a student must maintain a cumulative 3.25 at Oakland and be considered a full time student variety of other scholarships is also available to students. These scholarships recognize overall academic achievement, within a major or other specified criteria. ArvinMeritor, Inc. Scholarship: Two $2,500 partial scholarships awarded annually to mechanical engineering students of diverse backgrounds and/or female mechanical engineering students. Recipients will have completed their sophomore year and maintain in a minimum cumulative of 3.00. Bunting and Briggs Freedom of the Press Scholarship scholarship awarded to a student majoring in journalism who plans to work as a reporter upon graduation and is currently employed at least 20 hours per week at a professional newspaper or works for an Oakland University student newspaper in a staff writer or editor capacity. The recipient is selected by the Journalism faculty and the award amount varies. Campus Activity Awards: These awards promote the development of campus-wide student leadership. Up to 15 awards are given by the Dean of Students. Some awards are attached to elected or appointed leadership positions, others based on leadership projects approved through the Dean of Students office. Two leadership awards are available through the Center for Student Activities (CSA). Students must have a minimum 2.00 GPA; be enrolled full time (at least 12 credits) for each semester receiving the award, must be elected or appointed to the position(s) having the awards attached to them, or appointed to complete a particular leadership project. Applica- tions are available in March. Information concerning these awards is available from the Dean of Students and the Center for Student Activities and Leadership offices. Carmine Rocco Linsalata Memorial Scholarship: Two awards of $300-$500 to students who are majoring in or intend to major in a foreign language. One scholarship is granted to an entering student, the other to an Oakland University student with a minimum of 28 credits. Scholarship recipients are selected by the faculty of the Department of Modern Languages and Literatures. The scholarships are a memorial to the late Carmine Rocco Linsalata, professor of Spanish and Italian at Oakland from 1966 to 1980. Chrysler-Plymouth Dealers Association of Greater Detroit Endowed Scholarship: Awarded annually to an employee or a child or grandchild of an employee of one of the dealerships. 36 College of Arts and Sciences Dean\u2019s Scholarship: Scholarship is for an incoming first- year student entering the College of Arts and Sciences. The award goes to a student with exceptional high school record achievements. Recipients will be chosen on the basis of their high school scores, and demonstrated leadership qualities. The Dean of the College of Arts and Sciences will select the recipients with appropriate consultation. Comerica Bank Diversity Scholarship: These $3,000 tuition scholarships were established to support disadvantaged students. Applicants should have junior standing, a of 2.60 or above and show financial need and disadvantaged status. Community involvement and leadership capabilities will be considered. Four scholarships will be awarded annually, two at the junior level and two at the senior level. Minorities are encouraged to apply. Applications are available from the School of Business Administration in February; the deadline is April. Selection is made by the Scholarship Committee. Commuter Involvement Awards: These awards recognize those commuting students who may have made contributions to improve the quality of campus life through their participation in campus activities and student organizations. These awards are given for one academic year in the amount of $250 per semester ($500 per academic year). Recipients must reapply each year to renew their awards. Applicants must: have attended for one year; have a of 2.50 at the start of the academic year for which the award is given; carry 12 credits for each semester the award is received; and remain in good disciplinary standing. Nominations are in March. Diane and Michael Grieves Diversity Scholarship: Awarded annually to a student pursuing a degree in Management Information Systems. Selection will be based upon academic achievement, leadership potential and contributions made toward the achievement of an ethnically and geographically diverse student body. Dicron Tafralian Memorial Scholarship: Awarded annually to an accounting major in recognition of academic excellence and involvement in extracurricular and commu- nity activities. The recipient is selected by the Accounting Scholarship and Award Committee. Applications are available from the School of Business Administration. Donald C. Hildum Endowed Scholarship in Communication: Awarded to communication students who demonstrate academic promise. Consideration is also given to student contributions to university and community life and financial need. Don R. Iodice Grant-in-Aid for Foreign Study: Available to foreign language majors enrolling in a language program abroad for at least four weeks. (This award is only for those students who will return to Oakland University for a minimum of two full semesters.) Doris J. Dressler Scholarship: Scholarship of at least $1,000 awarded annually to an English or humanities major (junior year or beyond) demonstrating academic promise and financial need. The recipient is selected by the Department of English. Elizabeth Glass Memorial Academic Progress Award: Award available to entering freshmen who have completed Oakland\u2019s Project Upward Bound program while in high school. The award is not renewable and the amounts vary. (This award is not available to students who have completed Upward Bound programs at other institutions.) Fidelity Bank Scholarship: This scholarship was established to assist financially disadvantaged students pursuing careers in all fields of business administration preference will be given to those with an interest in a banking career. Candidates must be full-time students, have achieved junior standing and have a of 2.60 or above. This is a one-year, $2,500 scholarship for tuition and books. Applications are available from the School of Business Administration in February; the deadline is April. Selection is made by the Scholarship Committee 37 Frederick G. Kaviuk Scholarship: Two $1,500 scholarships awarded annually to students with an interest in Slavic studies. Application information is available from the Office of the Dean of the College of Arts and Sciences. George T. Matthews Scholarship in History $1,000 scholarship awarded annually to a qualified student majoring in history. Greater Detroit Dodge Dealers Association Endowed Scholarship: Awarded annually to an employee or a child or grandchild of an employee of one of the dealerships. Haden, Incorporated Keeper of the Dream Scholarship: Awarded annually in the amount of $5,000 to a student who has demonstrated strong citizenship and leadership in interracial issues. Information regarding the nomination/application process is available in the office of the Dean of Students. Holzbock Humanities Scholarship: Scholarships in the amount of $3,000 awarded annually to upper division students majoring in the humanities. Up to five scholarships may be awarded and recipients are selected by faculty from the College of Arts and Sciences. Honors College Scholarship: Awarded to current Honors College juniors and seniors. Selection is based upon demonstrated need, academic achievement and continued membership in the Honors College. Awards range from $250 to $2,000 Industries Scholarship: Four scholarships of $5,000 each awarded to disadvantaged students majoring in engineering. Scholastic achievement and involvement in the university community are considered in selecting the recipients. Information is available from the School of Engineering and Computer Science Undergraduate Advising Office. Ivan and Christine Wilcox Scholarship full tuition scholarship awarded annually to an undergraduate student majoring in engineering. The scholarship is renewable and preference is given to a student majoring in Mechanical Engineering. J. Alford Jones Memorial Scholarship: Awarded each year to a student entering the Honors College. Applicants must have a minimum 3.50 grade point average, a composite score of 25 or above on the examination, and be recommended by the Honors College director and council. The amount of the scholarship is $2,000. James Morrison Thompson Chemistry Scholarship: Tuition awards available each semester to qualified students who elect undergraduate research in chemistry. Recipi- ents are chosen by the faculty of the Department of Chemistry. Katke Invitational Automotive Scholarship scholarship awarded annually to a student in the School of Business Administration studying in an \u201cautomobile related\u201d field. The award amount varies. Keeper of the Dream Awards: These awards, established in January 1993, recognize continuing students who have contributed to interracial understanding and good will. Awards ranging from $2,500 - $5,000 are available to students who have demonstrated strong citizenship, scholarship, and leadership in breaking down cultural stereotypes and in promoting interracial understanding. Nominees must have a current cumulative of 3.00 and demonstrated campus involvement. Nominations are in October. Information on this scholarship is available from the Office of the Dean of Students. Ken Morris Center for the Study of Labor and Work Scholarship: Awarded to a student minoring in Labor and Employment studies. Recipients are selected by the advisory board of the Ken Morris Center. Information regarding the scholarship is available from the Department of Human Resource Development in the School of Education and Human Services. Lambda Chi Omega Award: Awarded annually to an Oakland County resident who is a non-traditional student with family responsibilities. Applications are available in February from the Financial Aid Office. One award of $250 is offered. 38 Macomb Town Hall Scholarship: Awarded to upperclass undergraduate students from Macomb County in recognition of academic excellence. Scholarships are in the amount of $1,000 and are awarded for one year. Recipients are selected by the Macomb Town Hall Scholarship Committee. Mary Kirachuk Scholarship: Two $1,500 scholarships awarded annually to students with an interest in Slavic studies. Application information is available from the Office of the Dean of the College of Arts and Sciences. Mildred B. Matthews Scholarship in Art History: Created to honor Mildred Gregory Byers Matthews, the wife of George T. Matthews, a charter member of the Oakland University faculty, this $500 tuition scholarship is awarded annually. The applicants must be declared an art history major in good standing, must have been enrolled in classes at Oakland University for two consecutive (fall/winter) semesters, have completed 20 credit hours in art history prior to application, and must have demon- strated citizenship within the department or field. Milo J. Cross Memorial Scholarship: Awarded annually to a student in recognition of academic excellence. Preference is given to the children, grandchildren or spouses of employees of the former Pontiac State Bank. The award amount varies International Corporation Scholarship $2,000 scholarship awarded annually to a full-time undergraduate or graduate student in the School of Engineering and Computer Science whose is at least 3.20 and who has demonstrated profession- alism, the ability to work with others and a potential to contribute to the quality of academic and student life. Nightingale Scholarship: One scholarship in the amount of $2,500 awarded to junior nursing students with a of 3.50 or above. Selection will be based upon academic achievement and involvement in student and community activities. Applications are available from the School of Nursing. Renewal of scholarship for senior year is contingent on satisfactory completion of junior year. Oakland County Medical Society Women\u2019s Auxiliary Scholarship: Awarded on the basis of merit to three eligible nursing students. Scholarship recipients are selected by the faculty of the School of Nursing. Oakland Executive Association Scholarship: This scholarship was established to assist an Oakland County scholar. Candidates must be both scholarly and civic minded, be full- time students, have achieved junior standing, have a of 3.00 or above, be current residents of Oakland County and show university/civic involvement. This is a one- year, $2,500 scholarship for tuition and books. Applications are available from the School of Business Administration in February; the deadline is April. Selection is made by the Scholarship Committee. Oakland University Service Awards: Awarded primarily to entering students who intend to major in music, theatre or dance. Recipients are selected by competitive audition late in the winter semester at the request of the Department of Music, Theatre and Dance. Award amounts vary and are renewable. Pagano Memorial Award $5,000 scholarship awarded annually to a graduating senior from the Pontiac school district. Selection is based upon academic achievement. The scholarship is not renewable. Paul Lorenz/Texas Instruments Scholarship: Awarded annually to the student in the School of Business Administration who has achieved the highest grade point average at the completion of his/her junior year. The scholarship covers full tuition up to a maximum of 32 credits. Philosophy Department Scholarship scholarship of $1,200 awarded annually to a philosophy major demonstrating academic promise. The recipient is chosen by the faculty of the Department of Philosophy 39 Professional Biochemistry Scholarship scholarship of $1,000 awarded annually to a junior biochemistry major who shows great promise for achievement in biochemistry. The recipient is chosen by the faculty of the Interdepartmental Biochemistry Commit- tee. The award is sponsored by Oxford Biomedical Research, Inc. Roger and Helen Kyes Scholarship: Awarded for one year to an undergraduate student majoring in English who has demonstrated academic excellence. The recipient is selected by the faculty of the Department of English. Safety Engineering Laboratories Scholarship: Awarded to juniors/seniors who have demonstrated an interest in occupational health or safety. Students must have consis- tently been listed on School of Health Sciences Deans List. The scholarship is renewable based on recommendation from the School of Health Sciences. Scherer Student Fund: Scholarship awarded to a student entering the junior year who is majoring in sociology and anthropology. The basis of eligibility will be financial need. Recipient must have a grade point average in the major of at least 3.00. Stephan and Rita Sharf Scholarship scholarship awarded annually to an upper division student who will be enrolled full-time in the School of Business Administration. Selection is based upon academic achievement and demonstrated financial need. The award amount varies. Stephan Sharf Endowed Scholarship: Awarded annually to an employee of DaimlerChrysler Corporation or a son or daughter of an employee of DaimlerChrysler Corporation. Stephen K. Hall Scholarship: Awarded to Industrial Health and Safety students in the School of Health Sciences. Student must maintain a minimum 3.50 for initial scholarship and for continued awards. The scholarship is renewable based on recom- mendation from the School of Health Sciences. Tekla Strom Ylvisaker Scholarship: Three scholarships awarded annually to nursing students demonstrating academic promise. One scholarship is awarded to a sophomore, one to a junior and one to a senior. Recipients are selected by the faculty of the School of Nursing. The Oakland Press Scholarship: Scholarship of up to $3,000 awarded to a journalism major who is a junior and has a above 3.00 and plans a career in print journalism. The award recognizes the work of the Department of Rhetoric, Communication and Journalism in training journalists for future careers at daily newspapers such as The Oakland Press. United Auto Workers Region 1B Golf Classic Scholarship: One scholarship of $1,000 is awarded to an eligible student who shows promise of fulfilling a socially worthwhile career and contributing to the advancement of the quality of life for people in our society. Nominations for this award are sought from Oakland University faculty second scholarship of $2,000 is awarded to an eligible student who is the son or daughter of a member or to a member meeting the same criteria. Applica- tions for this scholarship are available in February from the Financial Aid Office. Recipients are selected by the Golf Classic Scholarship Committee. Upperclass Scholarship for Achievement: Scholarships of $500 awarded to continuing Oakland University students based on scholastic performance. Applicants must have a 3.50 at the end of the previous winter semester and have earned at least 32 credits at the university during the previous academic year. Recipients must be enrolled for 16 credits in both the fall and winter semesters. Applications are available in February from the Financial Aid Office. W. Edwards Deming Scholarship scholarship awarded to an undergraduate or graduate student with the potential and career interest in becoming a practicing statistician. The award amount varies. 40 William Beaumont Hospital Keeper of the Dream Scholarship: Awarded annually in the amount of $5,000 to a student who has demonstrated strong citizenship and leadership in interracial issues. Information regarding the nomination/application process is available in the office of the Dean of Students. Women of Oakland University Critical Difference Scholarship: Awarded annually to a single head of household who has had his/her education interrupted for at least one year. Applicants must have earned at least 16 credits at the university level with a cumulative of at least 2.50. The scholarship ranges from $500 to $1,500 and applications are available from the Financial Aid Office beginning in February. All scholarships listed as renewable are contingent upon recipients advancing a grade level toward graduation each year. Funds for Oakland University\u2019s scholarship programs are derived from the general budget, gifts from individuals, groups and corporations, and the fund-raising efforts of the Oakland University Scholarship Committee of Macomb County. The special scholarship funds are: Student Affairs and Services The Division of Student Affairs provides an array of out-of-class support services, leisure activities and educational programs that complement and enhance students\u2019 educational experiences. The Office of the Vice President for Student Affairs is located in 144 Oakland Center (248-370-4200). Brief descriptions of services for students follow. Academic Skills Center The Academic Skills Center, 103 North Foundation Hall, (248) 370-4215, offers free peer tutoring. Tutoring is available by appointment, and walk-in tutoring is available for some mathematics and science courses. In both cases, the sessions may be group sessions. The center also offers Supplemental Instruction (SI) for some courses. This program provides organized study sessions two or three times a week to students enrolled in specific sections of courses sessions focus on course-specific study skills that help students review notes, understand and apply key concepts, prepare for tests and develop critical reasoning skills. Attendance at these sessions is voluntary. In addition to tutoring and SI, the center coordinates faculty requests for study skills/ test-taking presentations to classes. Study skills handouts are also available. Videotapes and audiotapes further support development of effective study strategies. Computer-aided instructional materials in academic disciplines are also available in the center. Juniors and seniors interested in applying for Fulbright, Rhodes, Marshall, Truman, Goldwater, Madison and Soros scholarships and grants are supported in their efforts by the assistant director of the center, who provides information on all of these graduate opportunities throughout the year and, in collaboration with a faculty committee, guides students through the application process, the campus interview process, and individual scholarship selection process. Mr. and Mrs. Benjamin Anibal Scholarship Fund Campbell-Ewald Scholarship Fund George H. Gardner Scholarship Fund C. Allen Harlan Scholarship Fund Herbert M. Heidenreich Scholarship Fund Ormond E. Hunt Scholarship Fund Village Women\u2019s Club of Birmingham Scholarship Fund Ruth E. Wagner Scholarship Fund A. Glen Wilson Scholarship Fund Matilda R. Wilson Memorial Honor Scholarship Fund Thomas E. Wilson Scholarship Fund Harry A. MacDonald Memorial Scholarship Fund Mildred Byars Matthews Memorial Scholarship Fund Oakland University Women\u2019s Club Scholarship Fund 41 The center staff also monitors the progress of students in Dismissal Option Status (DOS) and works with other students in academic difficulty through the Probation OUtreach Program. Both of these programs provide academic support and advising referrals for students. The Academic Skills Center is open from 8 a.m. to 7 p.m. Monday through Thursday and from 8 a.m. to 5 p.m. on Friday. Additional tutoring is available in 121 Vandenberg Hall Monday through Thursday from 7 p.m. to 10 p.m. Other times are available by appointment. Advising Resource Center The Advising Resource Center, located in 121 North Foundation Hall (248-370-3227), provides academic information and assistance to freshmen and sophomore students and to undergraduates who have not yet decided on a major. Students can receive help in course selection and declaration of a major as well as career exploration as it relates to majors at the university. For freshmen students who declare an \u201cundecided\u201d major, advising from the Advising Resource Center involves a minimum of two appointments during the student\u2019s first year during which career assessments are administered and interpreted. Campus Recreation The Department of Campus Recreation provides facilities, programs and services to meet the recreational, fitness, wellness and personal development needs of the Oakland University community. The goal of campus recreation programs is to enhance the quality of student and campus life through knowledge, opportunities, interests and behaviors that promote healthy lifestyles and to encourage making a regular recreational activity an element of daily life. Campus Recreation programs include intramural sports, club sports, fitness assessment and programs in group fitness sessions and clinics, wellness programs, aquatic and learn- to-swim programs, and informal sports that are self-directed and self-paced. Recreation Center facilities include the recreation gym with three basketball/volleyball courts, a one- tenth mile four-lane running track, three racquetball/walleyball courts, four multi-purpose rooms, a 7,500 square foot fitness center with over 70 pieces of cardio-vascular and strength equipment, wellness center, 50 meter pool, spa and bubble pool in the aquatic center, two class/meeting rooms, locker rooms and snack bar. Campus Recreation also oversees the Upper Pioneer Fields. Students enrolled in classes that meet on the main campus are assessed an activity fee that permits entry to the center. Further information about eligibility for family members, facility hours or program offerings may be obtained at the facility\u2019s Welcome Center or by telephone (248-370-4732). Career Resource Center The Career Resource Center, located in 154 North Foundation Hall (248-370-3263), assists students with their early career development needs. It provides a variety of career resources designed to assist students in making choices about academic majors and careers. Resources include computerized career guidance and educational planning systems, personality and interest inventories, a career and video library, topical career seminars and individual advising/counseling. Career Experience Career Experience is a group of programs offered by the Career Services Department providing students with paid work experience related to their major that will enhance their classroom learning, increase their motivation to graduate, augment their career knowl- edge, and improve their job-seeking skills and employability. Opportunities are offered in the following programs: Career-related Jobs, Internships (corporate and grant-funded), and Cooperative Education. 42 Cooperative Education is an academic program that enables eligible students who have completed their sophomore year to gain paid work experience in their major fields. It allows students to graduate from college with valuable career-related work experience and introduces them to professionals in their prospective fields. Students often receive job offers from their co-op employers upon graduation. Cooperative Education is available for majors in the College of Arts and Sciences, the School of Business Administration, and the School of Engineering and Computer Science, and for selected majors in the School of Education and Human Services and the School of Health Sciences. For information contact Career Experience, 156 West Vandenberg Hall (248-370-3213). Career Services The Career Services Department (275 West Vandenberg Hall, 248-370-3250) assists in identifying professional-level career-related full-time, part-time and seasonal employ- ment opportunities for both students and alumni. Its Professional Employment unit provides assistance to graduating students and alumni in locating career positions. Its Career Experience unit helps students in arranging internships, cooperative education work experiences and part-time or full-time seasonal employment in positions that complement their classroom work. AmeriCorps, a federally funded program, utilizes 40 Oakland University students to meet the educational and human services needs of youths in the Pontiac community. All students are encouraged to explore these programs. Career Services provides direct access to job opportunities through on-campus inter- views, job referral activities and job vacancy postings daily on the Internet computer- ized system, eRecruiting@OU, is used to register students and alumni for referral and on- campus recruiting and to produce a professional-looking resume. Individual placement advising and career information are available to both students and alumni, including open advising during designated hours. The department offers a variety of job fairs and career information/networking programs throughout the year. Special seminars assist students in developing job search skills. In addition, information is publicized about internship/fellowship opportunities generated outside the university. The department also maintains a home page on the Internet that contains career resources and links to other job/career information. The Web address for Career Services is The department library contains both printed and videotaped employer information, plus job search information and career publications and periodicals. It also includes the application materials for Graduate Record Examinations (GRE), Law School Admission Test (LSAT), Medical College Admission Test (MCAT), and Graduate Management Admission Test (GMAT), among others. Center for Multicultural Initiatives Center for Multicultural Initiatives develops and implements strategies and programs in an effort to increase the recruitment, retention and graduation of underrepresented racial and ethnic groups and to enhance their academic and social success. The center assists individual students and organizations in solving university related problems. It administers the Oakland University Trustees Academic Success Fund and oversees several scholarship, loan and peer mentor programs. It works to develop a campus climate that is sensitive and responsive to the issues of racial and ethnic diversity at Oakland University. The center is located in 121 North Foundation Hall (248-370-4404 43 Counseling Center The Counseling Center located in the Graham Health Center provides counseling, testing and consultations to university students. The personal counseling services provide treatment for relationship difficulties, de- pression and anxiety, stress disorders, underachievement and child, family or marital problems. Evaluations regarding learning problems or disabilities are available through the psychological testing services. For students experiencing drug or alcohol problems, counseling, assessment and referral services are available. Specialized counseling is also available for family members of substance abusers. Career testing and counseling help students to identify potential career majors or educational directions through the clarifi- cation of their abilities, interests and personal needs. Strict rules of confidentiality are observed. No notation is made in any university record regarding a student\u2019s voluntary use of clinic services. The first six counseling sessions for students are free. After that, services are available at a nominal cost. Students may contact the center directly at 248-370-3465. Dean of Students The dean of students serves as an advocate for the development of programs and services to meet the developmental needs of students. As such, the dean of students monitors the university environment, assists with student life policy development and serves as an advocate for students facing academic, financial and personal problems while enrolled at Oakland University. The Dean of Students office is located in the Student Affairs Office at 144 Oakland Center (248-370-3352). Disability Support Services Advocacy and support services are provided through the Office of Disability Support Services located in 106 North Foundation Hall. Services include, but are not limited to, priority registration, alternative testing arrangements, assistive technology, alternative media formats, assistance in identifying volunteer notetakers and readers, electronic door- openers and sign-language interpreting services. Students are encouraged to schedule an appointment 6 weeks prior to the semester and bring documentation of their disability. To register or for information, contact the Office at 248-370-3266 (voice) or 248-370- 3268 (TDD). In cases involving alleged illegal discrimination or harassment, the student should contact the Office of University Diversity and Compliance, 105 North Foundation Hall, 248-370-3496. Health Services Oakland University students, faculty and staff may receive nurse practitioner medical services at the Graham Health Center (248-370-2341). Services include management of most acute and chronic medical problems, laboratory and pharmaceutical services, and ability to handle minor trauma and to give initial treatment to more serious emergencies. Allergy injections are given while a nurse practitioner is on the premises (the patient must have a doctor\u2019s written instructions and vaccine that may be stored at the health center). Information is available on weight control, nutrition, smoking cessation, exercise and many other topics. The center will bill many insurance companies except plans. Student health insurance is available at reasonable rates. For additional information, please visit our website at www2.oakland.edu/ghc Card Office The SpiritCard, Oakland\u2019s official university identification card, is available to all students cards are required to access residence hall meal plans, the Recreation Center and to check out library materials. There is no charge for the first card, but replacement 44 cards are $10 cards may be obtained at the Card Office, 112 Oakland Center (248- 370-2291), during regular business hours. The office is open Monday through Friday 8 a.m. to 5 p.m. and Wednesday evening until 7 p.m. Students must have a valid photo (driver\u2019s license or passport) and be registered to obtain an ID. International Students and Scholars Services are provided by the Office of International Students and Scholars located in 157 North Foundation Hall. Orientation, advising, assistance with preparing documents for the U.S. Immigration and Naturalization Service, sponsoring agencies and home country governments are among the available services. International students are required to meet with a staff member prior to registration. Any international student or exchange visitor requiring assistance may contact the office at 248-370-3358. Lowry Center for Early Childhood Education The School of Education and Human Services operates the Matthew Lowry Center for Early Childhood Education for young children of students, faculty, staff and the commu- nity. The center houses three programs (PreKindergarten, preschool and toddler) and is located in the new building on the first floor. All programs are accredited by the National Association for the Education of Young Children and are licensed by the Michigan Department of Social Services. The PreKindergarten program is an early childhood program that offers full (9-4) and half day (9-12 or 1-4) programs for children who are 4 years old by September 1 through 5 years. The Preschool program is an early childhood program that offers full (9-4) and half day (9-12 or 1-4) programs for children who are 3 and 4 years old. The toddler program is for children 18 months to 3 years old and offers full (9-4) and half day programs (9-12 or 1-4). The curriculum is designed to stimulate and support the developmental growth of young children. Aside from regular program hours, extended hours are available from 7:30-9 and 4 -5:30 at an additional cost. The Center operates weekdays from 7:30 a.m. to 5:30 p.m. Space in all programs is limited. Parents are encouraged inquire about the waiting list if interested in registration. Lowry also offers ENVIRO-EXPLORERS, a summer day camp program for children 18 months to 6 years old, focusing on natural explorations of the indoor and outdoor environments. Please call the reception desk for more detailed information (248-370- 4100). Oakland Center The Oakland Center serves students, faculty, staff, alumni and guests of Oakland University by offering a wide variety of social, recreational, cultural and entertainment programs. Open seven days a week and located in the heart of the campus, the Oakland Center features a food court including brand name eating establishments, such as Chick-Fil and Subway. The University Bookstore is housed in the Oakland Center, as well as vending machines, a campus information center, a games room, Copy Stop Etc., public telephones, newspaper machines, computer labs, e-mail kiosks, a coffee shop, a lounge and meeting/multipurpose rooms. Also located in the Oakland Center are the offices of Student Activities and Leadership Develop- ment, Student Affairs, Dean of Students, Chartwell\u2019s food service, the Card Office, student organizations, University Congress, Student Program Board, The Oakland Post student news- paper and WXOU-FM, the student-operated radio station 45 Orientation All students new to Oakland University are expected to attend an orientation session before their first registration. During orientation, students are advised on course selection, informed about important policies and procedures, given information on services and activities available and introduced to the academic environment. At the conclusion of orientation, students select their first-term courses. Orientations are also held for the parents of new first-year students non-refundable fee is charged to all new students, whether or not they attend orientation. This fee covers not only orientation but all of the testing, advising, counseling and other services available to Oakland students. For further information, contact the Office of New Student Programs, 134 North Foundation Hall (248-370-3260). Placement Testing The Office of New Student Programs coordinates placement testing for new students. Placement testing assists new students in selecting the appropriate courses and is required for enrollment in some courses. The Office of New Student Programs administers Spanish, French, German and Calculus exams during the summer orientation programs. During the academic year, the Department of Mathematics and Statistics, 368 Science & Engineering Building (248-370-3430), and the Department of Modern Languages, 418 Wilson Hall (248-370-2060), offer testing on an individual basis, usually by appointment. For more information, contact the Office of New Student Programs, 134 North Foundation Hall (248-370-3260). New Student Programs The Office of New Student Programs offers many programs to assist new students in making a smooth transition to Oakland University. Services include New Student Orientation, Transfer and Non-Traditional Student Express Orientation, Parent Orien- tation, Welcome Week, New Student Convocation, Collegiate Communication 101 and Connections. All new students are expected to attend an orientation session before their first registration. During orientation, students are informed about important university policies and procedures, given information on student services and activities, and introduced to the academic environment. At the conclusion of orientation, students meet with academic advisors for assistance with course selection and registration non-refundable fee is charged to all new students, whether or not they attend orientation. This fee covers orientation, placement testing, academic advising, counseling and other services available to Oakland students. For further information, contact the Office of New Student Programs, 134 North Foundation Hall, at 248-370-3260 or email @oakland.edu. Residence Halls and University Housing Oakland University\u2019s residence halls and apartments offer a special way of life for approximately 1,900 students each year: the chance to live with different people, develop social and leisure interests, begin lifelong friendships and become involved as a student leader. Many students find it a rewarding experience, helping to further academic success. Oakland\u2019s housing community has a distinct character and is situated only a five- minute walk from classrooms, the library and recreational facilities. There are many features, some of which are: staff who work and live in each hall, complete laundry facilities, reception desk and mail service, cable television, internet 46 service, meal plans to fit student lifestyles, mathematics and science tutoring, computer labs, programs and workshops. University housing offers a variety of living options including living-learning communities, single student apartments, and family housing. Rooms are furnished with desks and lamps, bookshelves, wastebaskets, bulletin boards, single beds, dressers, closets and Venetian blinds. Residents must provide their own blankets, linens, throw rugs and draperies. Lamps, electric blankets, clocks, radios, television sets, CD/tape players and computers are allowed subject to safety regulations, limitations of space and consideration of others. Telephones are provided in each suite or room, and washers and dryers are available. Maintenance service is provided by the university in common areas. Residents assume responsibility for cleaning their own rooms. Food service for residents is provided by a professional food service company. Residents have the opportunity to select from a variety of meal plans, which are set in accordance with student needs and interests. To be eligible for university housing, students must be registered for the semester. All unmarried students are required to live in a residence hall unless they have earned 56 credit hours or can document that they live with a parent or legal guardian. Requests for exceptions to this policy will be considered. To apply for residence, students should request university housing through the Office of Admissions. Upon their acceptance at Oakland University and the submission of a housing contract, students\u2019 reservations will be processed by the Housing Office. Notification of assignment will be given approximately two weeks prior to the beginning of each semester. Returning students may renew their housing contracts through the Housing Office. Room and board is not provided between semesters or during official recesses listed in the university calendar. For more information, please contact the Department of University Housing, 448 Hamlin Hall, Oakland University, Rochester 48309-4401, or call 370-3570 or fax to 370-3340 or visit our Web site at and select \u201cCampus Life and Services\u201d. Student Activities and Leadership Development The Center for Student Activities and Leadership Development (49 Oakland Center, 248-370-2400) plans and coordinates a wide variety of out-of-classroom activities includ- ing major campus-wide events, lectures, leadership and diversity programs and retreats, community service opportunities, off-campus trips, student and Greek organizations training workshops. Oakland University has over 100 registered student organizations, which represent a broad range of interests including academic, community service, engineering, honor societies, multicultural, political, religious, social, club sports, and Greek fraternities and sororities. Students unable to locate an organization serving their particular interest are encouraged to form new groups. Many student services are provided through the Center for Student Activities (CSA) Office including use of computers, locker rentals, ticket sales and sign-ups to campus activities, discounted tickets to Detroit area theaters, student organization registration information, notary public, banners, and approval for posting printed materials around campus. Consultation and resources are available to students planning social, educational and cultural activities. The Office coordinates Week of Champions at Oakland University (WOCOU), blood drives, the Patio Concert Series, College Bowl, evening and weekend activities, leadership, diversity and community service programs. Additionally, the Office assists in planning Hispanic Celebration, African-American Celebration Alcohol Awareness Week, Cultural Awareness Week, and Women\u2019s History Month. University Student Congress (OUSC) is an elected, campus-wide governmental body that addresses student issues and concerns. In addition to its administrative duties, University Student Congress oversees the Student Activities Funding Board (SAFB), which allocates operating funds to recognized student organizations, and the Student Program Board (SPB), which is responsible for films, lectures, concerts and other social activities 47 The Oakland Post is the student campus newspaper, published weekly 88.3 is the student radio station, operating every day of the week. Students are highly encouraged to get involved in out-of-classroom activities. The Center for Student Activities Office is available to provide students with educational, social, leadership, diversity and community outreach opportunities to compliment their academic experience while attending Oakland University. For more information about becoming involved, contact the Office or visit the Web site at: Testing Services The Bachelor of General Studies office (416 Varner Hall, 370-3227) administers the and Miller Analogies Test. Information and materials on these tests are available from the department office. Precollege Programs The Department of Learning Resources (103A North Foundation Hall, 248-370-4455) provides four programs to middle school and high school students in the metropolitan area. Project Upward Bound (261 South Foundation Hall, 248-370-3218), a federally funded college preparatory program, offers academic, social, career and cultural enrichment to 110 students annually who attend Oak Park and Pontiac public high schools and meet federal eligibility criteria. This university community outreach activity includes a six-week residential Summer Academy and an eight-month Academic Year Program. The Project employs 25-30 university students annually and provides both wages and room and board in the summer. The Project (121 Vandenberg Hall, 248-370-4942) is a partnership between the department of Learning Resources and the School of Education & Human Services, the School District of the City of Pontiac, Oakland Community College, the State of Michigan, and the Pontiac Collaborative. Sponsored by the U.S. Department of Educa- tion with matching funds from the university, the State of Michigan, and the Pontiac School District, its purpose is to give students at Jefferson/Whittier Middle School in Pontiac, Michigan, the skills, encouragement, and preparation necessary to pursue postsecondary education support services follow these students when they enter Pontiac Central and Pontiac Northern High Schools. The Wade McCree Scholarship Program (103A North Foundation Hall, 248-370-4455) provides academic support to public school students in Detroit, Pontiac and Oak Park who are selected by their school districts. McCree students are eligible for full tuition scholarships to Oakland University if they meet the selection criteria. In order to reinforce the importance of adequate preparation for higher education, the King/Chavez/Parks College Day Program (103A North Foundation Hall, 248-370-4455) offers one-day and overnight visits to campus and summer residential programs for middle and high school students from the metropolitan area. Office of Undergraduate Education Vice Provost for Undergraduate Education: Susan Awbrey, Ph.D. The Office of Undergraduate Education (UGE) provides a single point of focus within the administration for undergraduate education at Oakland University. Its university-wide mission spans undergraduate academic experience. The Office is designed to: promote quality and excellence in teaching and learning, encourage innovative ideas and enrichment of the undergraduate curriculum, enhance support services, promote diversity in the curriculum, establish and interpret policy, and provide oversight for campus-wide programs. One of the major missions of the office is ensuring the quality of undergraduate programs in collaboration with Oakland\u2019s College of Arts and Sciences and professional schools. 48 Quality through accreditation Undergraduate Education has oversight of the university\u2019s accreditation through the North Central Association of Colleges and Schools Commission on Institutions or Higher Education (NCA). Quality through collaborative governance Undergraduate Education works closely with standing committees of the University Senate to implement and recognize academic quality. This includes the General Educa- tion Committee. Currently supports the General Education Task Force that is reviewing the general education curriculum and making recommendations to enhance the core experience for Oakland University\u2019s undergraduate students works with the Teaching and Learning Committee to identify winners of the Teaching Excellence and Excellence in Teaching awards. These awards are given each year to outstanding full and part-time instructors. Students are encouraged to nominate faculty for these awards. The Vice Provost for Undergraduate Education chairs the University Committee on Under- graduate Instruction. This committee has oversight of university requirements and university-wide curriculum issues. UGE, in conjunction with the University Committee on Undergraduate Instruction, is responsible for the implementation of the university\u2019s ethnic diversity requirement and for promoting diversity in the curriculum works in collaboration with the Assessment Committee which assesses the impact of academic programs on student learning is also responsible for the decennial review of academic programs that is mandated by the University Senate. At least once every ten years an entire academic program comes under review with the goal of enhancing the program\u2019s effectiveness and maintaining a university environment of academic excellence. Quality through special student programs and opportunities The Office of Undergraduate Programs seeks to increase opportunities for undergradu- ate students through special programs and opportunities. International Experience oversees the Office of the Director for International Education. This new office is designed to expand opportunities for Oakland University students to study abroad. Dr. Margaret Pigott is the current Director (248-370-4131). Honors College and Research oversees the Honors College (HC). The Honors College is designed to offer a challenging environment to outstanding undergraduate students. The Office of Under- graduate Education encourages faculty to engage undergraduate students in research projects and to mentor undergraduate scholarship. The maintains a list of faculty mentors willing to involve undergraduate students in research. Dr. Jude Nixon is the current Director (248-370-4450). Bachelor of General Studies The Bachelor of General Studies (BGS) reports to UGE. The program allows students to create an academic program that meets their educational goals by combining elements from different majors offered by the University. The creation of a plan provides students with the flexibility to meet their individual academic aspirations. Dr. Carole Crum is the current Director (248-370-3229 49 Quality through development The Office of Undergraduate Education conducts development opportunities for faculty including an annual orientation to acquaint new faculty with Oakland University and to help ensure a productive classroom experience also supports the activities of the Teaching and Learning Committee that are designed to increase awareness of effective teaching practices. Quality through accurate student information The Office of Undergraduate Education has responsibility for the production of the Undergraduate Catalog. The Undergraduate Catalog is the student\u2019s guide for navigating the educational requirements and opportunities at Oakland University. Understanding the information in the Catalog, in conjunction with regular visits to the student\u2019s academic adviser, can greatly improve a student\u2019s likelihood of success at OU. The Office of Undergraduate Education is located in 520 O\u2019Dowd Hall and can be reached at (248) 370-4955. Research and Graduate Study Interim Vice Provost for Research and Graduate Study: Ranald Hansen, Ph.D. Course offerings and programs of study at the graduate level constitute a major Oakland University enterprise. Most schools and departments offer some form of graduate work leading to advanced degrees. All of the graduate programs have their philosophical underpinning in the university\u2019s role and mission statement. Through them, the intellectual and educational needs of students are served in relation to specific careers; cultural heritage is preserved and extended; and new knowledge is produced that is directed toward the extension of frontiers and the solution of problems and issues that confront society as a whole. Programmatic balance is sought to assist in the achievement of these varied objectives. Students are assumed to be full partners in the process of program implementation. Through this partnership, the goals and purposes of graduate education are fulfilled. Qualified undergraduate students, with the concurrence of their academic adviser and prior written permission from the department chair and the course instructor, are encouraged to take graduate courses numbered 500-599. Details of the programs and regulations that govern graduate work appear in the Oakland University Graduate Catalog. Copies of the catalog are available from the Office of Research and Graduate Study (520 O\u2019Dowd Hall), the University Bookcenter or Prospective students should also consult the school or department in which they wish to study or the Office of Graduate Admissions and Student Services (160 North Foundation Hall, 248-370-3167). Graduate degree programs Doctor of Philosophy: applied mathematical sciences, biomedical sciences (health and environmental chemistry, medical physics), education (counseling, early childhood education, educational leadership) reading education, systems engineering, mechanical engineering Doctor of Physical Therapy Doctor of Science: Physical Therapy Education Specialist: school administration Master of Accounting Master of Arts: biology, counseling, English, history, linguistics, mathematics 50 Master of Arts in Teaching: reading and language arts, secondary education Master of Business Administration Master of Education: curriculum, instruction and leadership; early childhood education; special education Master of Music: composition, conducting, music education, piano pedagogy, piano performance, vocal pedagogy, vocal performance concentrations Master of Public Administration Master of Science: applied statistics, biology, chemistry, computer science and engineer- ing, electrical and computer engineering, embedded systems engineering management, exercise science, industrial applied mathematics, information systems engineering, infor- mation technology management, mechanical engineering, physical therapy, physics, software engineering, systems engineering Master of Science in Nursing: family nurse practitioner, adult health and nurse anesthesia tracks Master of Training and Development Graduate Certificate Programs Advanced Microcomputer Applications Clinical Exercise Science Complementary Medicine & Wellness Corporate and Worksite Wellness Early Mathematics Education Exercise Science Microcomputer Applications Post Masters Graduate Certificate Accounting Advanced Reading, Language Arts and Literature Business Economics Educational Administration Entrepreneurship Family Nurse Practitioner Finance General Management Neurological Rehabilitation Orthopedic Manual Physical Therapy Orthopedics Pediatric Rehabilitation Statistical Methods Teaching and Learning for Rehabilitation Professionals Human Resources Management International Business Management Information Systems Marketing Nurse Anesthesia Nursing Education Production/Operations Management Reading, Language Arts and Literature 51 Student Responsibility Students are expected to learn all general requirements of the university, as well as those of the program of their chosen field of study. Students are responsible for meeting all requirements and regulations for the degrees they seek. Facilities and staffing limitations require that certain professional programs place limits on the number of students admitted to major standing. Where such limits exist, the principal admission criterion is academic performance in course work prerequisite to application for major standing. Additional information concerning application for major standing in programs with enrollment limits is contained in the individual program descriptions elsewhere in this catalog. Academic Advising The role and mission of faculty and professional academic advisers at Oakland University is to advise and counsel students as they seek to develop academic, career and life goals. In a continuing process of discovery, clarification and evaluation, advisers assist students in discovering possibilities, identifying and assessing alternatives and weighing the consequences of decisions. Full-time professional academic advisers are available to students in each of the schools, the College of Arts and Sciences, the Bachelor of General Studies office and the Advising Resource Center. Faculty advisers are also available in many majors. For assistance in understanding program admission requirements and enrollment limitations, as well as university and degree requirements, students should consult with professional advisers and/or faculty advisers. While students receive initial advising assistance in orientation, they are encouraged to seek individual assistance as early in their programs as possible and to see their advisers regularly thereafter. Most advisers see students for individual appointments arranged at their mutual convenience, except during busy early registration periods when only limited assistance can be provided. In some programs, students must file a written program plan. Advisers can help students complete such plans as well as verify that all degree requirements are being met in a timely fashion. Students may locate their advisers by consulting the list of school and departmental advising offices in the Advising Index at the front of this catalog and published in the Schedule of Classes each term. Assessment Oakland University is committed to the continuous improvement of its programs and services through an on-going process of self-assessment linked to action steps for improve- ment. Examples of common assessment activities include surveys, pre- and post-tests, focus groups and interviews. Students can expect to participate in the assessment activities of various academic and student service units both as students and, later, as graduates of Oakland programs. 52 Assessment of student learning outcomes Oakland University is committed to improving the quality of all of its degree programs. One way in which this is accomplished is by ongoing assessment of student learning outcomes. All degree programs have a set of unique goals and learning objectives for what they want students to achieve in their major programs. How well students are achieving the goals of their degree program is measured through assessment activities conducted throughout the academic year. The results of assessment activities are used for improving programs and making curricular changes to maximize student learning outcomes. Assessment results inform departments about how well their current curriculum (the courses, degree requirements, and other activities offered by the program) provides students with the tools they need to perform successfully within their major area. Assessment is also used to measure the ability of General Education courses and other experiences to provide a wide range of general knowledge and skills necessary for success in any career and throughout the lifetime. Ongoing assessment activities also allow programs to track and compare the quality of their programs from year-to-year and to measure the success of curricular changes designed to improve program quality. Assessment results are also used to identify program needs and to support requests for additional resources. You can expect to participate in assessment activities from time to time as part of your degree program requirements. Some assessment activities might include: student surveys, examinations, evaluation of course papers and projects, entrance and exit interviews, and portfolios of students' work throughout their major program. The activities are different for every degree program (because each program has its own unique set of goals and learning objectives) and are designed to measure each program's learning objectives in the best possible way. Course and Credit System The credit-hour value of each course (the number in parentheses following the course title) is specified in semester hours. One semester hour is equivalent to a total of 50 minutes of scheduled instruction each week plus the estimated time required in outside preparation. Most Oakland University courses are 4 credits. With their adviser\u2019s permission, undergradu- ate students who have completed 12 or more credits at Oakland University may register for as many as 21 credits if their cumulative grade point average is at least 2.60. All other students may take more than 18 credits only with an approved Petition of Exception. Class standing For purposes of registration and tuition and fees, class standing is set at the following numbers of credit hours: students have freshman standing through completion of 27 credit hours, sophomore standing through completion of 55 credit hours, junior standing through completion of 90 credit hours, and senior standing when they have completed 91 credit hours or more. The enrollment status of students is certified upon request by the Academic Records Office (102 O'Dowd Hall). Regulations governing courses 1 course sequence joined by a hyphen (e.g 114-115) must be taken in the order indicated. The first course in such a sequence is a prerequisite to the second. 2. Course numbers separated by commas (e.g 114, 115) indicate related courses that may be taken in any order. However, departmental or program requirements may sometimes govern the order 53 3. Course numbers 000-049 are designated for skill development courses specially designed to aid incoming students with significant deficiencies in their academic background in preparing for courses numbered 100 and above. Credits earned in these courses cannot be used to satisfy minimal graduation requirements in any academic program. Grades earned in these courses, however, are included in students\u2019 grade point averages. Course numbers 050-099 are for courses specially designed to enrich academic skills. No more than 16 credits in courses numbered 050- 099 may count toward graduation requirements. Courses numbered 100-299 are introductory undergraduate courses primarily for freshmen and sophomores. Courses numbered 300-499 are designed for juniors and seniors. Courses numbered 500 and above are primarily for graduate students. Qualified undergraduates may enroll in a class numbered 500-599 provided they have obtained written permission to do so from the department chair and the course instructor. Only graduate students are eligible to elect courses numbered 600 and above. 4. The university reserves the right to cancel any course in which there is insufficient registration. 5. Prerequisite courses must be completed prior to enrollment in courses for which they are listed. Corequisite courses must be taken simultaneously. It is the student's responsibility to complete all prerequisites before registering for a course with such requirements and to register for corequisites as indicated in the catalog. Departments may waive prerequisites in accordance with academic unit policy. 6. Some courses are cross-listed between departments. In such cases, the course description is listed only in one department. The listing in the other department notes that the course is identical with the course in the primary department. When registering, students should select the listing under which they wish to receive degree credit. Course competency Students may receive credit toward graduation designated as competency credit (graded S/U) on their transcripts for Oakland University courses, subject to the following provisions: 1. That they register for the course at registration with written permission of the departmental chairperson, dean or program director of the academic unit respon- sible for the course. 2. That they pass an appropriate competency examination not more than six weeks after the term begins. Competency credit will not be permitted for a course when a student has received credit for more advanced courses in the same area. The repeat course rule applies to the repeating of competency examinations (see below). 3. That they pay the appropriate fees as indicated elsewhere in this catalog (see Course competency by examination fee) or as published in the Schedule of Classes. Students may apply up to 60 credits based on non-classroom experience (course competency, Advanced Placement and/or credits) toward a degree program. Students seeking second degrees are limited to 16 credits of non-classroom experience. Adjusting courses (drop and add) If students decide not to complete a course, the course may be dropped without academic penalty through the ninth week in 14-week courses and the fifth week in seven-week courses \"W\" grade denoting withdrawal is recorded for courses dropped after the second week in semesters and the first week in the spring and summer sessions. Dropped courses for which students wish to claim either fee cancellation or refund of fees must also be 54 processed through the Registration Office during published refund periods (See also Refund of tuition and fees). Failure to drop a course on or before the official withdrawal date may result in the recording of a 0.0 grade on a student\u2019s record. Withdrawal options are specified in each term\u2019s Schedule of Classes. Students previously registered for the term and wishing to add a course should do so as early as possible in the semester or session. Courses may not be added following the 10th class day after the first day of classes (fifth class day in spring and summer sessions and for 2-credit, half- semester courses). Deadlines for dropping or adding classes are published in the Schedule of Classes each term. Auditing courses formal audit option is available for students who wish to participate in a course on a non- graded basis. With written permission of the instructor, students may register to audit a course during the late registration period for each semester or session. Forms for auditing classes are available in the offices of Admissions, Graduate Study, Advising Resource Center and Registration. Audit registrations are governed by the following rules: 1. Regular tuition and fees apply to all courses. 2. The registrar will assign the final mark of to all formal audits. 3. Changes of registration from credit to audit or from audit to credit will not be permitted once the no-grade drop/add period has ended for a given semester (two weeks into the term) or session (one week into the term). 4. Students who wish to audit courses must have been admitted to the university by the Office of Admissions. 5. Students whose entire registration for a semester or session consists of formal audits must register during late registration. Late registration fees will be waived for such students. Repeating courses Students may repeat a course to improve the grade earned in a prior enrollment, but they must do so at Oakland University. The limit is three attempts at any individual course, excluding drops or withdrawals. The repeat course must be taken on the same grading basis (numeric or pass/fail) as first attempt. Because some programs have more stringent limits, students should consult an adviser before registering to repeat a course. Students should be aware that the most recent grade will be the grade of record regardless of whether it is the highest grade earned. Students whose programs allow courses to be repeated at other institutions will not receive transfer credit if Oakland University credit has been earned, nor will they improve their Oakland grade point average. Students must consult an adviser in the major program before registering to repeat a course elsewhere. Oakland University transcripts will reflect grades earned in all Oakland courses. For repeated courses, the attempts excluded from the grade point average will be marked with an \"E\" and the grade of record will be marked with an \"I\" designating inclusion in the grade point average. Transfer students who successfully repeat a course at Oakland for which transfer credit has been awarded will lose the transfer credit. Credit is not given for more than one course covering specific content, which means that most courses can be taken only once. Certain courses, however, generally represent- ing special topics or independent studies, are designed to vary from semester to semester. The Undergraduate Catalog states the applicable credit limit for such courses 55 Degree Requirements Undergraduate degree requirements are of two kinds: general degree requirements determined by the university to be binding on all baccalaureate programs and specific degree requirements established by the various academic units that offer degree-level programs of instruction. Students may choose to meet graduation requirements as pre- sented in the catalog extant at the time of graduation or in any catalog in effect since their matriculation at Oakland University, providing that the catalog is not more than six years old at the time of graduation. They may use one catalog for both general degree requirements (including the general education program) and those of the major, or meet general university requirements from one catalog and those of the major from another. An academic unit may require that students changing majors into its program from another major or undecided status follow both major requirements and college or school distribution requirements (if applicable) from a catalog no earlier than the one in effect at the time of admission to the new major change from pre-major to major standing in the same field does not constitute a change of major.) Students who change majors should read the section of the catalog covering the new program and consult an adviser to learn which catalog(s) they may use for requirements for the major. They, like all other Oakland University students, may still follow general education requirements from a second catalog, either earlier or later than the one used for the major. The catalog chosen for the student\u2019s major will also be used to determine degree requirements for any minor or concentration the student may be pursuing unless a written plan of study has been approved by the department or school offering that program. Some academic units require that students file an approved plan of study for a concentration or minor in order to complete program requirements; those that do so stipulate this requirement in the appropriate section of this catalog. Forms for planning and approval of a minor or concentration are available from the advising offices. If the academic unit establishes no such requirement, students are still entitled to negotiate a minor or concentration in writing with the program coordinator. Written plans are particularly encouraged for those students using transfer courses to satisfy some portion of the program plan of study may be based on any catalog in effect at time of filing, but not one predating the student\u2019s enrollment at Oakland University. Changes to an approved plan require prior written authorization from the concentration or minor coordinator. Students may establish credit in a course to meet degree requirements by earning a passing grade in the course, by passing a competency examination or by receiving transfer credit from another institution. In certain circumstances, a requirement may be formally waived through a successful Petition of Exception (see Petition of exception, below). All data in this catalog reflects information as it was available on the publication date. Oakland University reserves the right to revise all announcements contained in this publication and at its discretion to make reasonable changes in requirements to improve or upgrade academic and non-academic programs. Undergraduate degree requirements Oakland University has established general undergraduate degree requirements appli- cable to all candidates for all undergraduate degrees. In order to earn a baccalaureate at Oakland University, students must satisfy the following requirements: 1. General education: The general education program is designed to provide a common and coherent educational experience for all Oakland University under- graduates. It is based on the belief that educated persons should possess not only knowledge in a particular field of specialization but also an understanding of the world around them, an appreciation of the legacy of the past and some vision of the future. Exposure to a variety of disciplines will enable students to acquire a breadth of knowledge, develop analytical skills and examine fundamental ques- tions of human experience. All students must complete 32 credits of general education, including at least one course (three or more credits) from the list of approved courses offered in each 56 of the following eight field categories: arts; literature; language; Western civiliza- tion; international studies; social science; mathematics, logic and computer sci- ence; and natural science and technology. (See course listings below.) Students transferring credit to the university should consult the Transfer student information section. The policy stipulated above is considered a minimum credit requirement that academic units may increase for their own students. Students pursuing degrees in the College of Arts and Sciences should refer to the College distribution requirements section for additional requirements. Students in the School of Engineering and Computer Science should see that section for specific requirements. 2. Writing proficiency: Students must demonstrate proficiency in writing at or within a reasonable time after entrance to Oakland University. Entering students transferring 32 or fewer credits must demonstrate writing proficiency before they accumulate 48 credits in order to register or receive credit for upper-level courses (those numbered 300 or above). Entering students transferring 33 or more credits must demonstrate proficiency before they complete 16 credits at Oakland Univer- sity in order to register for upper-level courses. Proficiency may be demonstrated in several ways: a. By completing 160 with a grade of 2.0 or better. b. By transferring two college-level English composition courses (at least six credits); one course should cover academic research writing. Students who have completed such courses with grades of 2.0 or better may submit their transcripts to the registrar for evaluation. Transfer students who have at least 3 credits in one English composition course may register for 160. c. By petitioning the Proficiency Committee of the Department of Rhetoric, Communication and Journalism with a writing portfolio including: 1. Identification cover page, including certification that the portfolio writing is the student\u2019s own work (obtain from the Department of Rhetoric, Communication and Journalism, 316 Wilson Hall, 248-370-4120). 2. Letter (suggested limit: one page) addressed to the composition faculty at Oakland University describing one\u2019s writing experience and development: what one has written, the process(es) used and how the enclosed documents demonstrate mastery of the skills developed in Rhetoric 150 and 160 (see catalog course descriptions). 3. The graded originals of three single-author papers written by the student for college classes (Oakland University or other schools). One of these papers must be research writing that demonstrates competency in a standard system of documentation (preferably or APA; any other system must be identified). For the research writing, include photocopies of at least three cited pages from the sources used for the paper. 3. Ethnic diversity: Before graduation all students must acquaint themselves with American ethnic diversity by taking at least one course designated as exploring the implications of the discipline for ethnic perspectives and interrelationships. These issues will be addressed over at least three weeks in each such course. Oakland University courses approved as meeting the ethnic diversity require- ment are listed on a following page and are also indicated in the course sections of this catalog under the appropriate academic units. These courses may be used also to meet general education, major, minor, distribution, concentration, elective credit or other degree requirements 57 4. Specific requirements: Students must select a major or primary field of study and also for some programs, as described in relevant sections of this catalog, they must be admitted to the major by the academic unit offering the program. Students must fulfill all specific undergraduate degree requirements appropriate to their chosen majors as stipulated by the various colleges, schools or other academic units empowered to present candidates for the undergraduate degree(s) over which they have authority. Specializations are groups of related courses within certain major fields; they are options in some major programs; for some other programs, students must select a specialization as part of the major. Concentrations, which are groupings of interrelated courses with an interdisciplinary focus, and minors, secondary fields or subject areas of study, are optional, although some programs require written approval for minors and concentrations. Forms for planning and approval of a minor or concentration are available in the advising offices. 5. Application requirement: Before or during the semester or session in which they expect to complete all academic requirements, degree candidates must file an application-for-degree form at the Cashier\u2019s Office or the Academic Records Office, 102 O'Dowd Hall, with a non-refundable fee. The filing deadline for each semester or session is indicated in the Schedule of Classes for that term. Failure to apply will result in deferred graduation. Application forms are available at the Academic Records Office, 102 O\u2019Dowd Hall (248-370-3452). 6. Residence requirement: Students must successfully complete a minimum of 32 credits at Oakland University. They must also complete at Oakland University the last 8 (4 for Bachelor of General Studies designation) credits needed to fulfill the requirements for a baccalaureate. 7. Grade point average: Students must have a cumulative grade point average (GPA) of at least 2.00 in courses taken at Oakland University. In certain programs, additional requirements must be met. 8. Upper-level credit requirement: Students must have successfully completed at least 32 credits in courses at the 300 level or above. Students transferring credits to Oakland University should consult the Transfer student information section. General education requirements Each candidate for an Oakland University baccalaureate is required to complete satisfactorily at least one approved course from each of the following field categories. Students using this catalog to meet general education requirements may also use any course subsequently approved by the General Education Committee as satisfying requirements in a particular category and published in a later catalog. If a course listed below should be removed from lists of approved courses in later catalogs, it may still be used to meet a general education requirement by students following the 2003-2004 catalog. a. Arts: Courses in the arts category are designed to provide an understanding of how people express through the arts their experience of the world. The arts are the visual and auditory material of culture. Courses in this field will help students approach, understand and appreciate the aesthetic dimensions of human experience 100 Introduction to Western Art 101 Introduction to Western Art 104 Introduction to the Arts of Asia and the Islamic World 150 Introduction to Film 173 Dance History and Appreciation 175 Ethnic Dance in America 100 An Introduction to Music 200 Cultural Foundations and Historical Development of Rock Music 58 236 Music in African Cultures 320 Western Music History and Literature 338 Jazz and Blues: American Musics 100 Introduction to Theatre 301 Theatre History 302 Theatre History b. Literature: The study of literature enables the student to move beyond indi- vidual experience by participating in the intellectual, emotional and spiritual experiences of others. The study of the ways literary works fuse form and content cultivates sensitivity to language and enhances awareness of our humanity 100 Masterpieces of World Literature 105 Shakespeare 111 Modern Literature 112 Literature of Ethnic America 224 American Literature 241 British Literature 303 Fiction 305 Bible as Literature (identical with 311 306 Drama 312 Classical Mythology 100 Introduction to Asian Literature 181 European Literature 182 European Literature c. Language: Language both shapes and reflects human culture. The systematic study of a foreign language or of language systems will help students become aware that people think, behave and perceive reality in ways related to the languages they speak. Students may meet this requirement either by completing any of the courses listed below or by completing a 4-credit foreign language course numbered 115 or higher (or its equivalent 176 The Humanity of Language 114 Introduction to Chinese and Chinese Culture 114 Introduction to French and French Culture 114 Introduction to German and German Culture 114 Introduction to Japanese and Japanese Culture 181 Diversity and Change in English 207 Meaning in Language (identical with 207 114 Introduction to Latin Language and Roman Culture 191 Tutorial in a Foreign Language 192 Tutorial in a Foreign Language 114 Introduction to Russian and Russian Culture 114 Introduction to Spanish and Spanish Culture d. Western civilization: Courses in this category examine significant political, social, economic and intellectual developments of Western cultures from a historical perspective. Students will develop skills of critical inquiry into historical events and investigate the foundations of Western thought 101 Introduction to European History Before 1715 102 Introduction to European History Since 1715 114 Introduction to American History Before 1877 115 Introduction to American History Since 1877 59 210 Science and Technology in Western Culture 292 History of the African-American People 101 Introduction to Philosophy 103 Introduction to Ethics 204 Ancient Greek Philosophy 205 Medieval Philosophy 206 Early Modern Philosophy 377 Communism e. International studies: The examination of a culture other than their own will help students understand and value the traditions and experiences of other people. It also provides them with fresh perspectives on their own assumptions and traditions 210 Introduction to China 220 Introduction to Japan 230 Introduction to Africa 240 Introduction to India 250 Introduction to Latin America 260 Introduction to Russia and Eastern Europe 270 Introduction to the Middle East f. Social science: Courses in this category will introduce students to major concepts in a field of social science and its methods of scientific inquiry. The social sciences examine the influences of social and cultural factors on individual or group behavior and values 101 Human and Cultural Evolution 102 Culture and Human Nature 300 Culture, Society and Technology 307 Culture and Society through Film 150 Economics in Today's World 200 Principles of Macroeconomics 210 Principles of Economics 100 Introduction to American Politics 115 United States Foreign Policy 131 Foreign Political Systems 323 The American People and Their Presidents 100 Foundations of Contemporary Psychology 130 Psychology and Society 100 Introduction to Sociology 206 Self and Society g. Mathematics, logic and computer science: Courses in this category examine systematic ways of approaching, processing and analyzing data and ideas from different disciplines. While divergent in approach, these courses will help students become more familiar with means of quantification and symbolic systems 125 Introduction to Computer Use 130 Introduction to Computer Programming 180 Linguistic Analysis 118 Mathematical Sciences in the Modern World 121 Linear Programming, Elementary Functions 122 Calculus for Social Sciences 154 Calculus 60 102 Introduction to Logic 107 Introduction to Symbolic Logic 225 Introduction to Statistical Concepts and Reasoning 226 Applied Statistics h. Natural science and technology: Courses in this category will introduce students to major concepts in a field of natural science or modern technology and to the methods of scientific inquiry. Students will also gain understanding of the impact and implications of natural science and technology in the modern world 104 Human Biology 110 Life on Earth 111 Biology 113 Biology 300 Biology and Society 104 Introduction to Chemical Principles 157 General Chemistry 167 Honors General Chemistry 300 Chemistry and Society 308 Introduction to Environmental Studies 201 Health in Personal and Occupational Environments 182 Language and the Brain 101 General Physics 104 Astronomy: The Solar System 105 Astronomy: Stars and Galaxies 106 Earth Sciences 107 Physical Geography 120 The Physics of Everyday Life 151 Introductory Physics 100 Physical Sciences in Life, the World and Beyond Ethnic diversity requirement Each candidate for an Oakland University baccalaureate is required to take at least one course designated as exploring the implications of the discipline for ethnic perspectives and interrelationships. Oakland University courses meeting this requirement are listed below; those identified with an asterisk (*) also satisfy a general education requirement. Students using this catalog to meet the ethnic diversity requirement may also use any course subsequently approved by the Committee on Undergraduate Instruction and published in a later catalog. If a course listed below is completed and is subsequently removed from the list of approved courses in later catalogs, it may still be used to meet the ethnic diversity requirement by students following the 2003-2004 catalog. Approved courses will be indicated in the Schedule of Classes published for each term. College of Arts and Sciences 308 North American Indian Art (identical with 308 352 African-American Art 374 Cross-Cultural Communication (identical with 374 375 Language and Culture (identical with 375 300 American Culture 102 Culture and Human Nature 381 Peoples of North America: Indians and Inuit (Eskimos 150 Introduction to Film 385 Communication and American Multicultural Diversity 61 175 Ethnic Dance in America 112 Literature of Ethnic America 341 Selected Ethnic Literature 342 The Black Experience in Literature 114 Introduction to American History before 1877 115 Introduction to American History since 1877 292 History of the African-American People 301 History of American Cities 312 The Civil War and Reconstruction 319 History of the American South 322 Women in Modern America 323 The Civil Rights Movement in America 361 History of American Families (identical with 361 362 History of African-American Women (identical with 362 366 Slavery and Race Relations in the New World 367 History of Mexico 200 Cultural Foundations and Historical Development of Rock Music 336 Music of the Americas: African Origins 338 Jazz and Blues: American Musics 100 Introduction to American Politics 203 The Politics of Race and Ethnicity 300 American Political Culture 371 American Political Thought 100 Introduction to Sociology 331 Racial and Ethnic Relations (identical with 331) School of Business Administration 201 Principles of Microeconomics 338 Economics of Human Resources 404 Consumer Behavior 434 Management of Human Resources School of Education and Human Services 420 Instructional Interaction and Classroom Management 367 Cultural Diversity in School of Health Sciences 200 Health Care Dimensions School of Nursing 302 Nursing: Vulnerable Populations 450 Nursing: Vulnerable Populations for Additional undergraduate degrees and majors Under certain conditions, a student may earn either an additional baccalaureate or a single baccalaureate degree with multiple majors. For students who have not yet received any baccalaureate degree In order to pursue two or more Oakland University baccalaureates simultaneously, students who have not earned a baccalaureate degree must: 1. Meet all specified requirements for each degree program. 62 2. Complete at least 32 credits at Oakland University beyond those required for the degree requiring the most credits. Of these, at least 16 credits must be at the 300 level or above. These degrees must either have separate designations (for example, Bachelor of Arts and Bachelor of Science) or be earned in separate academic divisions (for example, the College of Arts and Sciences and the School of Engineering and Computer Science). Students who meet the requirements for more than one major program but who do not meet the above conditions may receive a single degree with more than one major recorded on their transcripts. For students already holding a baccalaureate degree Students already holding a baccalaureate who wish to earn an additional baccalaureate from Oakland University must: 1. Receive written approval from the college or school concerned (and, where appropri- ate, from the department) as part of the admission process to the new program. 2. Complete at least 32 additional credits at Oakland University. 3. Meet the university-wide general education, ethnic diversity and writing profi- ciency requirements, and all other specific requirements for the new degree as stipulated by the college, school or other academic unit in which the student is a candidate. In the case of students holding a baccalaureate from Oakland University, the new degree must have a separate designation or be awarded by a different academic division, as described above. Alternately, students may enroll as post-baccalaureate students and have completion of an additional major recorded on the transcript. Such students must meet all require- ments for the additional major. Students already holding a baccalaureate degree may earn teacher certification in elementary education by being admitted to this program at Oakland University with second undergraduate degree status. For a description of the program, see the Department of Curriculum, Instruction and Leadership, School of Education and Human Services. Students holding baccalaureate degrees with acceptable majors may earn teacher certifi- cation in secondary education by being admitted to this program at Oakland University with second degree status. For a description of this program, refer to Secondary Education, School of Education and Human Services. Petition of Exception Any student may request a waiver or modification of specific degree requirements outlined in this catalog. The request should be made on a Petition of Exception form available from the appropriate advising office. Petitions requesting modification of the normal requirements of a major should be directed to the chairperson of the major department, while those addressing university-wide undergraduate degree requirements should be returned to the adviser for referral to the appropriate body. The student, the registrar and the student\u2019s academic adviser will receive copies of the petition showing the action taken. English Proficiency Policy International applicants, other visa holders, permanent residents, and exchange students whose native language* is not English must provide proof of English proficiency. Admission One of the following constitutes proof 63 1 550 minimum on paper-based TOEFLa 213 minimum on computer-based TOEFLa 2 77 minimum 3. 24 transferable credits, excluding coursework, from a U.S. community college or baccalaureate institution 4. a baccalaureate degree from a regionally accredited U.S. college or university 5. 1 year of study and a diploma from a U.S. high school aSome programs at Oakland University may require a higher level of proficiency than listed above. Applicants should examine the program description for their field of study for information about additional English proficiency requirements and furnish proof as part of the admission process (admissions: http// click on \"Prospec- tive Students\"). Admission with coursework One of the following constitutes proof: 1 520-549 on paper-based 192-212 on computer-based 2 73-76 Students must register for courses as part of their coursework starting in their first semester of registration placement is done by the Center for American English (CAE) using the Institutional and other assessment tools. Upon completion of the individualized instruction sequence, students' English Proficiency will be evaluated using the Institutional to determine whether additional coursework is necessary to achieve English Proficiency. The individualized instruction sequence designed by the is not negotiable. Satisfactory completion of the individualized instruction sequence is expected within one year, but coursework is required until minimum proficiency is demon- strated. Admission to intensive English program Prospective students who do not have adequate English Proficiency for admission or admission with coursework to the university can be admitted to the Intensive English Program placement is done by the Center for American English (CAE) using the Institutional and other assessment tools. Upon completion of the individualized instruction sequence, students' English Proficiency will be evaluated using the Institutional to determine whether additional coursework is necessary to achieve English Proficiency. The Individualized instruction sequence designed by the is not negotiable. Upon completion of the Intensive English Program, students may (re)apply for admission to Oakland University; applicants are evaluated using the admission criteria described above native language is a language that is acquired naturally during childhood and is usually spoken at home, as opposed to a language that is learned later in life, for example as a part of a person's formal education. Students whose native language is not English are encouraged to visit the Center for American English to discuss any language difficulties they may have while attending Oakland University. Transfer Student Information Transfer admission Students planning to transfer to Oakland University should observe the transfer credit limit described under Transfer principles. 64 Transfer students may enter Oakland University at the beginning of any semester or session and should contact the Office of Admissions (101 North Foundation Hall, 370- 3360) regarding the application deadline date for the term when they wish to enter. Applicants who were admissible to Oakland University from high school and have maintained good academic standing and a minimum of a 2.50 cumulative at their previous college or university may be considered for admission. Applicants who were not admissible based on their previous high school record must complete a minimum of 24 semester hours of transferable credit with a minimum of a 2.50 cumulative before they may be considered for admission. To be considered for admission, students should submit to Oakland University an application and admission fee and official transcripts of all previous college-level work. Students whose prior academic experience includes coursework completed outside the United States or Canada must also provide an evaluation from a credentials evaluation service. For additional information or a list of such services, contact the Admissions Office. Students considering transferring to Oakland University may arrange to meet with an academic adviser who will assist them in course selection and in planning to meet program requirements. Students may locate their adviser by consulting the list of school and departmen- tal advising offices in the Advising Index at the front of this catalog and published in the Schedule of Classes each term. Transfer practices When students enter Oakland University, the Academic Records Office evaluates all course work previously completed with a or equivalent grade at regionally accredited post- secondary institutions. Transferred courses may be used to satisfy credit and major require- ments. Courses necessary to complete degree requirements are offered by the university, and it is anticipated that transfer students who have been admitted will complete subsequent program requirements at Oakland University. Credits are granted for courses taken at other regionally accredited post-secondary institutions in accordance with the transfer policies of this university and with the principles described below. Transfer credit will not be granted for course work completed at another institution during any period when the student was suspended from Oakland University for academic misconduct. Transfer practices for community college students Oakland University\u2019s baccalaureate programs are designed to accommodate students from Michigan community colleges. For most local community colleges, the university has prepared course equivalency guides that indicate courses fulfilling specific Oakland University requirements. Transfer students from community colleges are eligible for the same financial aid programs and other services available to students who enter Oakland University directly from high school. Transfer practices for students from four-year institutions Oakland University also accepts students from regionally accredited four-year institu- tions. Transfer credits are accepted in accordance with the transfer policies of this university and in accordance with the principles described below. Some exceptions to this policy include certain physical education courses and religion courses offered by religiously affiliated post-secondary institutions. Transfer credit evaluation Preliminary evaluations of transfer credits are available at orientation. Official evalu- ations are completed during the first semester of attendance. If students have questions concerning courses at other institutions that may meet Oakland University\u2019s general education requirements, they should consult their academic adviser or the Academic Records Office (102 O\u2019Dowd Hall, 248-370-3452 65 Individual academic units may impose particular limitations on transfer equivalency. Students are advised to read appropriate sections of this catalog to learn the policies of schools in which they may be degree candidates. Once transfer credits have been granted at Oakland University, a subsequent change of program or major may result in a change in the number of transfer credits accepted. Study at a foreign university Oakland University students who enroll directly in foreign universities may, upon their return, request academic credit. Such students must provide documentation of the content and scope of the work completed as well as official evaluations of academic performance. Students who anticipate requesting credit for foreign study should contact the Academic Records Office (102 O\u2019Dowd Hall) in advance of enrolling in a foreign university. Transfer principles Community college transfer credit limit (generally 62 credits) Students may transfer applicable community college credits at any time during their course of study; however, such credits are limited to no more than one-half the minimum credits required for completion of a specific baccalaureate program. Additional credit may be transferred from regionally accredited four-year institutions. At least 32 credits must be earned at Oakland University. Upon a student\u2019s initial entry to the university (or upon readmission after a lapse of six years or more), courses taken at a two-year institution may be accepted to satisfy requirements even though the rule limiting community college credit transfers to one-half of the total may prevent the acceptance of any credits from such courses continuing student at Oakland University who has reached this credit limit may not apply toward the baccalaureate degree any more courses or credits from a two-year institution. Principles concerning the agreement Oakland University participates in the Michigan Association of Collegiate Registrars and Admissions Officers (MACRAO) Articulation Agreement. This agreement allows transfer students to satisfy the university's general education requirements except as noted below. Students enrolling under terms of the agreement must complete eight additional credits of general education at a 4-year university, because courses in English composition that have been taken previously will be applied to Oakland University's writing proficiency requirement and not to general education requirements. Students must meet with an academic adviser to plan the additional general education courses. Under this agreement, transfer students from participating Michigan public community colleges must present for review a transcript bearing the Agreement Satisfied\u201d stamp. General education requirements for transfer students Transfer students may fulfill the general education requirement with courses from their former institutions that have been approved for this purpose by the university; in such cases, a three-semester-hour transfer course may serve as the required course in a particular field category, but students must still present a total of 32 credits and all eight categories must be represented. Arts and sciences distribution requirements for transfer students Transfer students pursuing any major in the College of Arts and Sciences should refer to the Policies and Procedures section in the college portion of the catalog for distribution requirements that must be met in addition to general education requirements. 66 College-level examination program (CLEP) credits Transfer students who wish to apply credits towards degree work at Oakland University should consult the College-level Examination Program (CLEP) section of the catalog. Grading System 1. The basic undergraduate grading system at Oakland University is a 32-point system of numerical grades, with passing grades ranging from 1.0 through 4.0, by tenths, and a no- credit grade of 0.0. Non-numerical grades are and Z. All courses are graded numerically unless otherwise noted. 2. The first two weeks of a semester (one week in spring and summer sessions) are a no- record period for dropping and adding full-semester courses. (\u201cNo-record\u201d means that there will be no transcript notation showing enrollment in the course.) The no-record period for one to four credit half-semester courses is the first week of instruction. 3. The meanings of non-numeric grades are as follows: a (Withdrawal) is assigned by the registrar if a student withdraws officially from a course between the end of the no-record period and the ninth week of 14-week courses (the fifth week of seven-week courses). b. The (Incomplete) grade is temporary and may be given only by student request and instructor consent and only after the cut-off date for use of the grade. It is used in the case of severe hardship beyond the control of a student that prevents completion of course requirements. Work to remove an grade must be completed during the first eight weeks of the next semester (fall or winter) for which the student registers unless a student-initiated extension is approved by the instructor and the dean of the school or college or other appropriate administrator. If course requirements are not completed within one year and no semester has been registered for, the grade shall be changed to a grade of 0.0 student who wishes to receive an Incomplete (I) grade in a course must present a Student Request for Incomplete Grade form to the instructor by the day of the scheduled final examination. This form, which indicates the instructor\u2019s willing- ness or unwillingness to grant the and the schedule he or she sets for completing the term\u2019s work, is available in department offices. c. The (Progress) grade is temporary and may be given only in a course that, by design, cannot be completed in one semester or session. Prior approval must be obtained from the dean of the appropriate school or college to assign grades in a particular course. The grade is only given for course work that is satisfactory in every respect grades must be removed within two calendar years from the date of assignment. If this is not done, the will be changed to a 0.0. d. The (Satisfactory) grade implies a grade of 2.0 or better in certain selected courses in which grading is used exclusively; such courses must be approved by the appropriate committee on instruction. Under circumstances presented below, students may elect as an option to take a numerically graded course on an basis. e. The (Unsatisfactory) grade is given in selected courses approved for grading and implies a non-passing grade of less than 2.0. It also denotes unsatisfactory work in a numerically graded course elected by a student on an basis. f is a temporary grade assigned by the registrar in the absence of a grade from the instructor. g is assigned upon registration for an audited course. The student\u2019s declaration of intention to audit and instructor permission are both required, and it is understood that no credit for the course is intended to be earned that term 67 4. If none of the above apply, the course is considered to have been successfully completed when the instructor assigns a numerical grade from 1.0 to 4.0. The University Senate has approved publication of the following conversion for external purposes: 3.6-4.0 2.0-2.9 3.0-3.5 1.0-1.9 0.0 \u2014 no credit 5. All grades appear on student transcripts. However, only numerical grades are used to determine the grade point average, which is computed to two decimal places grading option Undergraduates who have completed at least 28 credit hours toward graduation may elect to take up to eight credits of course work at Oakland University on an grading basis, assuming that all prerequisites have been completed and subject to the following conditions: a. These credits may be counted only as elective credits. They may not be used to satisfy general education requirements (including college or school distribution requirements), the student\u2019s major or minor course requirements or prerequi- sites, or any courses designated \u2018\u2018No S/U\u2019\u2019 in the Schedule of Classes. b. Any courses that are designated in the catalog or Schedule of Classes will not count toward the limit of eight grading option credits per student. Courses where the grading system is used to grade all students in the course can be used to satisfy any applicable academic requirement. c. The student must elect the option by the end of the late registration period by filing the appropriate form with the Registration Office (100 O\u2019Dowd Hall). d. Instructors will not be informed on their enrollment lists as to who are the students, if any. They will simply assign numeric grades (0.0 to 4.0) to all enrolled students. For students who have elected the option, the Registrar\u2019s Office will then convert numeric grades from 2.0 to 4.0 to an and numeric grades from 0.0 to 1.9 to a U. An or a will appear on the student\u2019s official grade report and transcript. e. Neither the nor the grade will be included in the student\u2019s grade point average. f. If an academic unit at Oakland University later requires evidence of a numerical grade instead of an because of a change of program status, the student may file a petition with the Registration Office to release that grade information to the program requiring the evidence. g. If a course is repeated, it must be repeated on the same grading basis as the first attempt. Appeal of grade Students desiring to appeal a grade should first contact the instructor who issued the grade. If satisfaction is not received the student may further appeal, in turn, to the program coordinator, the department chair and, finally, to the school dean, whose decision is final. Academic Records Academic records are maintained in the Academic Records Office (102 O\u2019Dowd Hall, 248-370-3452). Final grade reports are mailed to each enrolled student at the end of each academic period. Transcripts of academic records may be obtained by completing a transcript request form at the Academic Records Office or by writing to: Transcript Request, Office of the Registrar, Oakland University, Rochester, Michigan 48309-4401. 68 Requests should include the name under which the student attended, the student\u2019s Oakland University student number, the date the student last attended, date of degree (if applicable) and the address to which the transcript is to be sent check or money order of $5 per transcript must accompany the request. Transcripts will not be issued for students who have delinquent indebtedness to the university or who are delinquent in repaying a National Direct Student Loan (NDSL), a Perkins Loan or Nursing Student Loan (NSL). Campus Sex Crimes Prevention Act Oakland University shall comply with the applicable requirements of the new \"Campus Sex Crimes Prevention Act,\" beginning in 2002, which states that every sex offender registers under \"Megan's Law\" provide information of his/her enrollment or employment by a college or university. Names of registered sex offenders enrolled or working at Oakland University is provided by the Oakland University Police Department (OUPD) with campus jurisdiction from the State government. To obtain this information, please contact the OUPD, 3 Police & Support Services Building, 248-370-3331 or the police website: http/mirage.otus.oakland.edu/oupd/oupd.htm. Questions or further information regarding the Campus Sex Crimes Prevention Act may be obtained by contacting the Vice President for Student Affairs, 248-370-4200 or the Director of Police, 248-370-3000. In accordance of the \"Family Educational Rights and Privacy Act,\" nothing may be construed to prohibit Oakland University from disclosing information provided to the university concerning registered sex offenders. Finally, it is required that the Secretary of Education take appropriate steps to notify Oakland University that disclosure of this information is permitted. Family Educational Rights and Privacy Act The federal Family Educational Rights and Privacy Act of 1974 pertains to confidential student educational records. This legislation allows students the right to view upon request their own confidential educational records and defines the use of these records by others. The dean of students is the university compliance officer for the Family Educational Rights and Privacy Act. Students who do not want directory information to appear on the Oakland University web site can restrict release of such data by doing the following: \u2022 Login to Sail \u2022 Click on Login to Secure Area \u2022 Complete the User Login \u2022 Select Personal Information \u2022 Select Directory Profile \u2022 De-select the Display in Directory option for items you wish to not appear in the web directory. Students who do not want directory information released in any other form must notify the Office of the Registrar in writing. Forms for this purpose are available in 101A O'Dowd Hall. Upon receipt of the completed form or a letter, directory information will be withheld until the student requests in writing that it be released. Requests for privacy may also be faxed to the Registrar at 248-370-3461. The university considers student theses and dissertations to be public statements of research findings. Therefore, students who submit such work in fulfillment of degree requirements shall be deemed to have consented to disclosure of the work full statement of students\u2019 rights is available in the Office of the Dean of Students (144 Oakland Center, 248-370-3352). Any questions, grievances, complaints or other related problems may be addressed to the Dean of Students, 144 Oakland Center, Oakland University, Rochester, Michigan 48309-4401 (248-370-3352) and/or filed with the U.S. Department of Education 69 University Approval for Research Activities Involving Human and Animal Subjects, Biosafety, and Radiation Safety Protection of human subjects All research projects involving the participation of human subjects or use of materials of human origin must be submitted for review by the Institutional Review Board for the Protection of Human Subjects (IRB) before the research can be conducted. This requirement includes all research, from low-risk investigations such as surveying people on the street about their favorite television shows to high-risk studies like clinical trials of experimental medical treatments. Applications are submitted online (see \"Online Application for Conducting Research\" section). All students conducting research must have a faculty sponsor. The student and faculty sponsor are jointly responsible for contacting the and for keeping abreast of the approval process as it pertains to the study. For more information about human subjects review and to access the Oakland University Guidelines for Research Involving Human Subjects, visit http:// www2.oakland.edu/research/web/compliance/compliance.cfm?ID=2@1 or contact Dr. Judette Haddad at (248-370-4898) or [email protected]. To access the Human Subjects Tutorial, visit web/tutorial/. Protection of animal subjects Research using vertebrate animals must have the approval of the Institutional Animal Care and Use Committee (IACUC) and be conducted according to university guidelines. For more information visit compliance.cfm?ID=2@2 or contact Cliff Snitgen at (248-370-4441) or [email protected]. Biosafety All research, teaching and testing at Oakland University involving recombinant DNA, infectious agents and/or cultured cell lines must be approved by the Institutional Biosafety Committee (IBC). Approval is obtained through submission of biosafety research applications. Application can be made in one of two ways: 1) submit online through the Research Application Manager, or 2) e-mail electronic forms to [email protected]. For more information and copies of applications, visit research/web/compliance/compliance.cfm?ID=2@3 or contact Dominic Luongo, Biosafety Officer at (248-370-4314) or [email protected]. Radiation safety Radioactive material (including machinery producing ionizing radiation) can only be used by authorized Oakland University permit holders or under the supervision of a permit holder. User permits are issued by the Radiation Safety Committee (RSC) only to the full- time faculty members or principal investigators. all others must work under the supervision of a full-time faculty member. To access the Radiation Safety Tutorial, visit web/tutorial/. For more information, visit compliance.cfm?ID=2@4 or contact Dominic Luongo, Radiation Safety Officer at (248- 370-4314) or [email protected]. 70 Online application for conducting research To access the compliance committee applications referred to above, researchers should visit the Research Application Manager (RAM) at appmanager/. Researchers who are accessing the site for the first time, should access the Step-by-Step Instructions at to cre- ate an account. Depending on the elements involved and the scope of the project, students will gain access to the relevant applications required to conduct the study. Other Academic Policies Honors Academic honors At the end of each fall and winter semester, undergraduates who have earned a semester grade point average (GPA) of 3.00 or higher in at least 12 credit hours of numerically graded university work and who have received no 0.0 grades will be recognized for academic achievement. These credits must be earned within the time constraints of the normal semester. Notices of commendation will be sent to undergraduates with GPAs of 3.00 to 3.59. Notices of academic honors will be sent to undergraduates with GPAs of 3.60 to 4.00. Both commendation and academic honors will be recorded on students\u2019 academic transcripts. Dean\u2019s list At the end of each winter semester, students who achieve academic honors (3.60 to 4.00) in consecutive fall/winter semesters will be placed on the Dean\u2019s List. Inclusion on the Dean\u2019s List for an academic year will be recorded on students\u2019 academic transcripts. Names of Dean\u2019s List students, except those who have requested privacy, will be published on an official list to be posted on campus. Students will also receive letters from the appropriate dean. Departmental and school honors Departmental or school honors may be awarded to selected students when their degrees are conferred. Criteria for earning these honors are described in the appropriate section of the Undergraduate Catalog. Departmental and school honors are recorded on students\u2019 transcripts. University honors The three levels of university honors, cum laude, magna cum laude and summa cum laude, may be awarded with the conferral of a student\u2019s earned baccalaureate with the following cumulative grade point average: 3.60-3.74, cum laude; 3.75-3.89, magna cum laude; and 3.90-4.00, summa cum laude. The awarding of a degree with university honors will be based only on Oakland University credits, and the student must earn at least 62 credits at Oakland University to be eligible for such honors. Academic conduct policy All members of the academic community at Oakland University are expected to practice and uphold standards of academic integrity and honesty. Academic integrity means repre- senting oneself and one\u2019s work honestly. Misrepresentation is cheating since it means students are claiming credit for ideas or work not actually theirs and are thereby seeking a grade that is not actually earned. Following are some examples of academic dishonesty: 1. Cheating on examinations. This includes using materials such as books and/or notes when not authorized by the instructor, copying from someone else\u2019s paper, helping someone else copy work, substituting another\u2019s work as one\u2019s own, theft of exam copies, or other forms of misconduct on exams 71 2. Plagiarizing the work of others. Plagiarism is using someone else\u2019s work or ideas without giving that person credit; by doing this students are, in effect, claiming credit for someone else\u2019s thinking. Whether students have read or heard the information used, they must document the source of information. When dealing with written sources, a clear distinction should be made between quotations (which reproduce information from the source word-for-word within quotation marks) and paraphrases (which digest the source of information and produce it in the student\u2019s own words). Both direct quotations and paraphrases must be docu- mented. Even if students rephrase, condense or select from another person\u2019s work, the ideas are still the other person\u2019s, and failure to give credit constitutes misrep- resentation of the student\u2019s actual work and plagiarism of another\u2019s ideas. Buying a paper and handing it in as one\u2019s own work is plagiarism. 3. Cheating on lab reports by falsifying data or submitting data not based on the student\u2019s own work. 4. Falsifying records or providing misinformation regarding one\u2019s credentials. 5. Unauthorized collaboration on computer assignments and unauthorized access to and use of computer programs, including modifying computer files created by others and representing that work as one\u2019s own. Unless they specifically indicate otherwise, instructors expect individual, unaided work on homework assignments, exams, lab reports and computer exercises, and documen- tation of sources when used. If instructors assign a special project other than or in addition to exams, such as a research paper, or original essay or a book review, they intend that work to be completed for that course only. Students must not submit work completed for a course taken in the past or for a concurrent course unless they have explicit permission to do so. Instructors are expected to maintain the following standards in the context of academic conduct: 1. To inform and instruct students about the procedures and standards of research and documentation required to complete work in a particular course or in the context of a particular discipline. 2. To take practical steps to prevent and detect cheating. 3. To report suspected academic misconduct to the Assistant Dean of Students (144 Oakland Center) for consideration by the Academic Conduct Committee of the University Senate. 4. To present evidence of plagiarism, cheating on exams or lab reports, falsification of records or other forms of academic conduct before the Academic Conduct Committee. Students are expected to maintain the following standards in the context of academic conduct: 1. To be aware of and practice the standards of honest scholarship. 2. To follow faculty instructions regarding exams and assignments to avoid inadvert- ent misrepresentation of work. 3. To be certain that special rules regarding documentation of term papers, examina- tion procedures, use of computer-based information and programs, etc., are clearly understood. 4. To avoid the appearance of cheating. If students believe that practices by the instructor are conducive to cheating, they may convey this message to the instructor, to the chairperson of the department, or to 72 any member of the student/faculty Academic Conduct Committee (either directly or through the Office of the Dean of Students). If academic misconduct is determined by the Academic Conduct Committee, the committee assesses penalties ranging from academic disciplinary reprimand, to aca- demic probation, to suspension or expulsion (dismissal) from the university. All confidential conduct records are maintained in the Office of the Dean of the Students. Academic Probation and Dismissal General information To stay in good academic standing, students must not allow their cumulative grade point averages (GPA) to drop below 2.00. Some schools and departments establish more selective criteria for satisfactory academic performance within their majors. Students should consult the section of the catalog on their major for specific information. Undergraduates who fail to make satisfactory academic progress toward a degree will be placed on probation in accordance with a university policy that stipulates that students must complete for credit most of the courses for which they register and must do so with a reasonable degree of academic proficiency. Students on probation who fail to meet the minimal standard of progress established by the University Senate will be dismissed from the university. Undergraduates who are dismissed for unsatisfactory academic progress do not retain the privileges of students in good standing. If dismissed students wish to be readmitted to Oakland University after the compulsory separation period prescribed by the Academic Standing and Honors Committee, they must apply for readmission through the Academic Records Office(102 O'Dowd Hall). (If, in the dismissal notice, a student has been informed that readmission will not be considered, the student may not utilize this procedure.) Questions on Oakland University\u2019s probation and dismissal policies should be directed to the Academic Skills Center (103 North Foundation Hall, 248-370-4215). Principles and practices The Academic Probation and Dismissal Policy is administered by the director of the Academic Skills Center for the University Senate\u2019s Academic Standing and Honors Committee. The policy is based on the following principles and practices: 1. The major share of students\u2019 educational expense is provided by the State of Michigan, and it is the responsibility of the university to see that these funds are properly used. If students fail to make satisfactory academic progress toward a degree, dismissal action must be taken by the Academic Standing and Honors Committee. 2. Students are encouraged to make responsible decisions concerning their educa- tional progress. Students who are apparently not benefiting sufficiently from the educational opportunities available at the university are advised to consider other alternatives. 3. Some students new to the university (including transfer students) need a period of adjustment; therefore, no students will be dismissed at the end of their first semester/session at the university. Furthermore, students will not be dismissed without having been placed on probation in the previously enrolled semester/ session. 4. Students must have a 2.00 upon graduation. Students with fewer than 81 credits toward graduation and a below 2.00 are normally allowed to continue their studies on probation if it is reasonable to expect that they can sufficiently raise their cumulative GPA. (See Probation and dismissal policy below 73 5. Students who receive notice of their dismissal after a term are advised to appeal the dismissal if they believe they have valid reasons to have the dismissal deferred. The Academic Standing and Honors Committee of the Faculty Senate will review appeals submitted within the ten-calendar day deadline and students will be notified regarding the decision of the committee by mail. Students whose appeals are approved by the Committee are required to participate in the Dismissal Option Status Program in the Academic Skills Center. 6. Students on probation for two consecutive semesters are not eligible for (Veterans\u2019) benefits. Probation and dismissal policy The following Academic Probation and Dismissal Policy applies to all undergraduate and second degree students. 1. Students with a cumulative of 2.00 or above or without an established cumulative are considered to be in good academic standing. (See item 4 below). 2. Students in good academic standing will be placed on probation at the end of a semester/session when their cumulative is below 2.00. They will be allowed to remain at Oakland University on probationary status for at least one semester/session. 3. At the end of a probationary semester/session, students will be: a. returned to good academic standing if their cumulative is 2.00 or higher, b. continued on probation if they have attempted less than 24 credit hours and their semester is 2.00 or higher, even though they may not meet the minimum requirements on the chart below, or c. dismissed from the university if their semester is below 2.00, they have attempted 24 or more credits, and their cumulative is below the minimum according to the chart below. For example, if at the end of a probationary semester/session, a student has attempted 26 credits, transferred 20 credits, has a semester below 2.00, and a cumulative of 1.70, the student will be dismissed from Oakland University. Oakland University and Transfer Credit Earned Minimum Required 1-16 1.49 17-32 1.61 33-48 1.73 49-64 1.85 65-80 1.97 81+ 2.00 4. In order to establish a cumulative GPA, a student must receive a numerical grade in at least one course at Oakland University, and in the computation of the cumulative GPA, only those courses at Oakland University for which a student has received numerical grades are used. If a course has been repeated, the assigned credits for the course are only counted once in the total number of credits attempted and only the most recent numerical grade received is used. The \"honor points\" for each course are computed by multiplying the numerical grade received by the number of credits assigned to the course. The cumulative is determined by dividing the sum of the honor points for all courses receiving numerical grades by the total number of credits attempted in courses receiving numerical grades at Oakland University. 74 The appeal process Students dismissed after a probationary term may appeal the dismissal if they feel there are valid reasons to do so. To appeal, students must complete an official Dismissal Appeal Form and submit it to the Academic Standing and Honors Committee within 10 calendar days of the issuance of the dismissal notice. The forms are available in the Academic Skills Center (103 North Foundation Hall, 248-370-4215). If the appeal is approved, the student is placed on dismissal option status, and the dismissal is deferred. Dismissal option status Dismissal option status is granted to students whose dismissal appeals are approved or to students who are readmitted following a previous dismissal for unsatisfactory academic progress. Dismissal option status offers students the opportunity to continue their education on a term-by-term basis as long as specific requirements are met. All students on dismissal option status must meet a term minimum of 2.00 in each enrolled semester/session until good academic standing is resumed. (Good academic standing is achieved when the cumulative is 2.00 or above.) Failure to earn a minimum term of 2.00 results in reactivation of the dismissal, an action that may not be appealed by the student involved. The Dismissal Option Status program is administered by the Academic Skills Center (103 North Foundation Hall, 248-370-4215). Academic forgiveness Students attending Oakland University after an absence of three or more years, who were not in good academic standing prior to their absence, may file a Petition of Forgiveness with the Academic Standing and Honors Committee. The committee may forgive, for academic standing purposes only (probation and dismissal), all or part of the record used to compute probationary and dismissal status. Students may submit the Petition to the Committee through the Academic Skills Center (103 North Foundation Hall). Readmission Readmission is required for all students in the following categories: 1. Students whose attendance has been interrupted for a period of six or more years. 2. Students who are dismissed from the university for insufficient academic progress at the end of their previously enrolled semester/session. All other undergraduates may return and register for classes without seeking formal readmission. Particular programs, however, may have more stringent requirements, and students whose progress in a major has been interrupted should consult an adviser. Students applying for readmission must submit an application to the Academic Skills Center (103 North Foundation Hall) at least 45 days prior to the start of the term in which the student expects to enroll. (Failure to apply in this time frame will result in not being allowed to register.) If readmitted students fail to enroll for the semester or session for which their readmission is granted, that readmission is considered void. If students wish to enroll for the semester or session immediately following the term for which readmission was granted, they may do so with a written request to update their readmission application addressed to the Academic Skills Center. However, if such students wish to enroll for a term later than one semester or session following the term for which they were readmitted, they must complete another readmission application and submit it within the 45-day time frame. Readmission to the university is not automatic for students dismissed because of poor academic record. The number of times a student will be readmitted is limited. An application for a first readmission by a student who has been dismissed for insufficient 75 academic progress is reviewed by the university's Readmission Committee. Decisions about readmission are made on a case by case basis involving review of the student's file student dismissed for academic performance who is readmitted but fails to progress academically, resulting in a second academic dismissal, may not apply for readmission to the university for a period of three years. The Academic Standing and Honors Committee will review the Academic records of students applying for readmission a second time. If a student is dismissed for academic reasons a third time, the student may not be readmitted to Oakland University. Withdrawals Students dropping all registered credits in a term must follow the withdrawal procedure, which is printed in the Schedule of Classes each term. When students withdraw from the university after the second week of classes (first week in spring and summer sessions) and before the end of the official withdrawal period grades will be assigned in all uncompleted courses. Official withdrawal from the university is not permitted after the ninth week of 14-week courses (fifth week of seven-week courses). If students stop attending classes but do not follow the withdrawal procedure, they may receive grades of 0.0. Undergraduates who plan to return to the university after a six-year interruption should consult the readmission policy above. Problem Resolution Students may encounter problem situations during their course of study at Oakland University that require review by appropriate administrative or academic personnel. The university\u2019s problem resolution procedure provides a fact-finding system for resolving problems between students and faculty or staff members when a review of the issues is not available through other established procedures. For some issues (e.g., discrimination, harassment) specific university procedures must be followed. The Dean of Students, located in 144 Oakland Center, is always available to advise students on the alternatives that are available to resolve a concern. Each student, faculty member, administrator and staff member has an obligation to resolve problems fairly through discussion between the aggrieved student and the specific university person involved with the problem. Academic concerns Each academic unit has developed its own internal procedure for resolving complaints about classroom situations and will provide a copy upon request. Generally, a student must first contact the instructor. If the problem is not resolved between the instructor and the student, the student then contacts the department chair. The department chair may then hear the facts of the case or refer it to an internal unit committee. If the problem is not resolved at this step, the student may then contact the dean of the college or school to continue the problem resolution process. In the case of graduate students, the school or college dean shall consult with the Director of Graduate Study. For cases involving grade disputes and classroom procedures but not involving discrimination, harassment or illegal behavior, the process stops at the dean level. In any case involving an academic concern, the student should be aware of the responsibilities of the instructor and of the student. An instructor\u2019s responsibilities include, but are not limited to, the following: 1. The instructor should hold classes and examinations when and where officially scheduled. 2. Each instructor should be available in his or her office for student consultation for a reasonable number of hours each week and make these hours known. 3. The instructor should make known at the beginning of each course the objectives 76 and nature of the course, dates of important events (e.g., tests, major assignments), and policies on grading, class attendance, tests, papers and class participation. 4. The instructor should ensure that the content of the course he/she teaches is consistent with the course description in the university catalog. 5. The instructor should adhere to university policies concerning students\u2019 rights. 6. The instructor should attend the meetings as required by the procedures of the unit concerning student grievances student\u2019s responsibilities include, but are not restricted to, the following: 1. The student must know and adhere to the instructor\u2019s policies concerning atten- dance, tests, papers and class participation. 2. The student must direct academic complaints about a class through the channels explained above. 3. Upon the request of his or her instructor, the student should consult with the instructor at a mutually convenient time. 4. The student should attend the meetings as required by the unit grievance procedures. In the above process, a student may discuss the problem with the instructor. However, it is beneficial for the student to write out the concerns and state the suggested resolution to the problem. The complaint should be supported with facts. If the problem is not resolved at the instructor level and advances to the department chair, students must document their concerns to assist the chair or the unit committee to understand the problem. Non-academic concerns From time to time, students may experience concerns with their employment situation or service on campus. In these situations, the student may wish to contact the dean of students to discuss problem resolution steps. Generally, the procedure will involve presenting the facts to the immediate supervisor of the specific university employee involved. The student should clearly state the nature and basis of the alleged offense, the name of the person(s) who committed the offense, the specifics of the incident(s) involved and the names of any known witnesses. In handling such complaints, discretion will be exercised but no guarantee of confidentiality may be given, since an investigation will necessarily involve discussions with other parties. The immediate supervisor of the person against whom the complaint was lodged must respond to the complainant within 30 days after the complaint was filed (unless an extension for additional review or information gathering is authorized). If the complainant is dissatisfied, a written appeal may be made to the next level of supervision. For non- academic complaints, appeals stop at the vice presidential level. Concerns about illegal discrimination or sexual harassment University policy prohibits illegal discrimination. Discriminatory conduct or discrimi- natory harassment means any physical or verbal behavior, including but not limited to sexual advances or requests for sexual favors, and any written behavior, including pictorial illustrations, graffiti or written material, that stigmatizes or victimizes an individual on the basis or race, sex, sexual orientation, age, height, weight, handicap, color, religion, creed, national origin or ancestry, marital status, familial status, veteran status, or other charac- teristics not permitted by law. In cases involving alleged illegal discrimination or harassment, the student should contact the Office of University Diversity and Compliance, 105 North Foundation Hall, 248-370-3496 77 Students with disabilities who wish assistance with handicap accommodations, but who do not feel that they have experienced discrimination, should contact the Office of Disability Support Services. Time limits for all types of concerns In the interest of fairness to all parties, a complaint should be filed as soon as possible to assist in obtaining the facts related to the complaint. For this reason, a complaint generally will not be processed unless it is filed no later than sixty (60) days after the student became aware or should have become aware of the incident leading to the complaint. However, the university may waive the 60-day rule based upon the facts and circumstances of the complaint and after giving due consideration to the protection of the rights of both the complainant and the individual accused. 78 Dean: Elaine K. Didier Associate Dean: Julie Voelck Office of the Dean: Brenda Pierce, Assistant to the Dean/Business Manager Professor Emeriti: Indra M. David, Suzanne O. Frankie, George L. Gardiner, Robert G. Gaylor, Janet A. Krompart Associate professors: Kristine S. Condic, Frank Lepkowski, Mildred H. Merz Assistant professors: William Cramer, Linda L. Hildebrand, Dana Keyse, Elizabeth Kraemer, Shawn Lombardo, Richard L. Pettengill, Ann M. Pogany, Daniel F. Ring, Robert Slater Managers: Eric Condic, Library Systems; Louann Stewart, Access Services; Patricia Clark, Interlibrary Loans Library Facilities Located in the center of campus, the Kresge Library houses collections of books, journals, reference works, government documents, musical scores and recordings, as well as computer workstations to access an array of digital resources. The Library features seating for individual study, rooms for group work, meeting rooms, audiovisual rooms, rooms with adaptive equipment for students with disabilities, and a student lounge. There are also two networked instruction rooms with 25 workstations in each, two computer labs, and a multimedia lab. Library Collections The Kresge Library's collections include over 698,000 books, approximately 2,000 journal and newspaper subscriptions, over 225,000 federal and state documents, and more than 1.1 million microforms. The Library's Homepage and online catalog serve as gateways to dozens of specialized and general research databases, and hundreds of full-text electronic journals and e-books, covering a wide range of disciplines and research areas. In addition to electronic reference resources, the Matilda R. Wilson Reference Collection includes atlases, bibliographies, dictionaries, encyclopedias, indexes, yearbooks, and other print reference materials. Special collections include the Hicks Collection of Early Books By and About Women, the Springer Collection of Lincolniana, the James Collection of Books on Folklore and Witchcraft, and the Bingham Collection of Historical Children's Literature. The University Archives is a repository of materials relating to the history of Oakland University, and includes copies of all dissertations written at OU, as well as a substantial number of faculty authored monographs. Library Services Web site: Phone: (248) 370-4426 Send an e-mail message to a librarian: [email protected] Reference assistance and research consultations Librarians provide reference and research assistance in-person at the Reference Desk, by telephone, or by e-mail. Librarians also offer individualized and customized research consultation sessions by appointment. These in-depth, one-to-one sessions are designed 79 to help students identify and use print and digital resources pertinent to their research topics. Library instruction As information literacy specialists, librarians provide extensive instruction for students on using print and digital resources, constructing effective research strategies, and evaluating the information identified. These instruction sessions are a core component of every Rhetoric 160 course. Librarians also provide customized, course-related sessions in the disciplines, as well as workshops on special topics. Circulation and course reserve services At the Circulation Desk, undergraduate students may borrow books for a period of 3 weeks, with unlimited renewals, unless another borrower has requested the materials. Students may also borrow Course Reserve materials that have been placed on reserve by their professors. An increasing number of reserve items are available in electronic format on the Web. Interlibrary loan service Students may request books and articles not owned by the Kresge Library through the Library's interlibrary loan service. Requests can be made in-person, or through the forms available on the Web. 80 Evening Degree Programs Students may earn an undergraduate or graduate degree, concentrations or minors from a variety of different program areas through evening courses. Some areas include account- ing, English, human resources development, human resource management, or counseling. Students who are interested in seeking a degree solely at night should contact the prospective department of interest for more information. Academic advising for evening students is available on an appointment basis only; students should contact the appropriate school or college advising office for further information. Extension program Oakland University cooperates with Macomb Community College by offering a variety of different baccalaureate and graduate degree programs at Macomb\u2019s University Center. Oakland University\u2019s School of Education and Human Services (SEHS), the School of Engineering and Computer Science (SECS), and the School of Business Administration (SBA) offer a variety of their programs. Also in cooperation with MCC, OU\u2019s Personal Financial Planning Program is offered on Saturday mornings at Macomb\u2019s University Center. The Program is a Board registered program. For an explanation of general admission requirements to Oakland University and an overview of the programs offered at Macomb\u2019s University Center, please consult Oakland University\u2019s undergraduate and graduate catalogs. For additional information about the Oakland University programs at Macomb\u2019s University Center or Oakland University services available to Macomb\u2019s University Center students, please call Macomb\u2019s University Center office, (586) 263-6242, or the Oakland University Evening and Extension Program office, 248-370-4010. Oakland University offers evening undergraduate and graduate courses at various sites within southeast Michigan, including: Rochester Adams High School in Rochester Hills and Seaholm High School in Birmingham. Extension courses are also offered to businesses, government agencies, private agencies, and civic groups. The courses provide special instruction to the employees or members of these organizations. Most courses can be taught at the organization\u2019s facility. Course content is structured to address specific needs or goals identified by the organization. Extension course cancellation Oakland University reserves the right to cancel any extension course that does not have sufficient enrollment. All tuition and fees applicable to the cancelled section will be automatically refunded when a course is cancelled. Continuing education Continuing education at Oakland University is delivered through the various academic units. These programs address the needs of professionals and nontraditional adult learners as well as those preparing to enter degree programs. Information on the programs offered can be obtained by calling the relevant school or college dean\u2019s office. Diploma, certificate and relicensure programs Diploma programs, a series of courses related to individual objectives, are offered as preparation for becoming a legal assistant and to sit for the CFP\u00ae (Certified Financial Planner) Examination 81 The Legal Assistant Certificate Program, approved by the American Bar Association, is an evening program that trains paraprofessionals to perform law-related duties for attorneys in a variety of workplaces. Most legal assistant courses have been approved for two hours of undergraduate credit in political science. Eight credits of these courses can be applied toward a major in political science. These courses may also be taken as electives by students in other programs. For more information on undergraduate credit, see the political science listings or contact the continuing education program manager in the College of Arts and Sciences. The Personal Financial Planning Certificate Program, offered by the Center for Executive and Continuing Education in the School of Business Administration, is designed to prepare individuals who are now or might become involved in advising clients about financial planning, to prepare them to sit for the CFP\u00ae license examination. The center also offers a certificate program in Production and Manufacturing Management for individuals who wish to gain the knowledge and improve their skills for the constantly changing manufacturing environment. Qualifying hours for professional relicensure are offered both periodically and throughout the year for counselors, educators, Certified Public Accountants, Certified Financial Planners, Certified Internal Auditors, Certified Management Accountants and licensed insurance professionals. Educational test preparation workshops Test preparation workshops for the SAT, ACT, Graduate Record Exam (GRE), Graduate Management Admission Test (GMAT), and Law School Admission Test (LSAT) are offered year-round. The and workshops are designed for college-bound high school students or individuals who decide to enter a college program after an interruption of the traditional high-school-to-college progression. The and workshops are designed for those seeking admission to graduate school, and the for those applying for entry into law school. Information on these workshops is available through the College of Arts and Sciences. Conferences and seminars Conferences on topical subjects are offered throughout the year. Included among the offerings are: the Writers\u2019 Conference, which has been conducted each October for more than 41 years, and conference, seminar and corporate training programs of the Center for Executive and Continuing Education. Air Force Reserve Officer Training Corps (AFROTC) Oakland University participates in a \u201cCrosstown\u201d agreement with the Southeast Michi- gan Air Force unit housed at the University of Michigan in Ann Arbor. Under this agreement, eligible Oakland University students may enroll at Oakland and take the required General Military and Professional Officer training courses in Ann Arbor. The program leads to appointment as a commissioned officer in the United States Air Force for those who meet requirements and may include scholarship aid and other financial support. Some Aerospace Science (AS) courses offered at the University of Michigan may be used to fulfill other requirements. For the 2003-2004 academic year 300, Air Force Leadership Studies, will be accepted as a 300-level management elective for a business major in general management. For possible use of courses as electives, please contact the Registrar. For further information about the program contact the Air Force Detach- ment 390 at (734) 647-4093 or e-mail [email protected]. Or you can access the Det 390 web site at 82 Athletics Oakland University is a Division member of the National Collegiate Athletic Association. Oakland's male athletes participate in intercollegiate baseball, basketball, cross country, golf, soccer, swimming and diving. Oakland's female athletes participate in basket- ball, cross country, golf, soccer, softball, swimming and diving, tennis and volleyball. In addition to the Mid-Continent Conference schedule, the Golden Grizzlies compete against Michigan State, Central Michigan, Eastern Michigan, Western Michigan, Michigan, Ohio, Toledo, Bowling Green, UD-Mercy, as well as other schools from across the nation in various sports. Oakland University is recognized across the country for its outstanding athletic programs. Most teams compete successfully at the national level and numerous athletes have been awarded All-America honors. In the first three years of Mid-Con Competition, the Golden Grizzlies claimed 15 regular-season titles and four tournament championships. Hundreds of student athletes have earned academic honors 83 217 (248) 370-2140 Fax: (248) 370-4280 Dean: David J. Downing Office of the Dean: William A. Macauley, associate dean; Mary A. Papazian, associate dean; William W. Connellan, associate dean; Janice M. Baker, administrative assistant; Gloria J. Boddy, continuing education program manager; Janice S. Elvekrog, assistant dean; Thomas F. Kirchner, assistant dean; Julie M. Litchenberg, development officer; Cheryl A. Sullivan, advising coordinator; Tricia Westergaard, academic adviser. Role and Mission of the College The primary mission of the College of Arts and Sciences is to provide students with a liberal education liberal education broadens awareness of the major areas of human knowledge, significantly deepens knowledge in one or more such areas, and lays the foundation for a lifetime of learning by enlarging those powers of mind and spirit needed not only for professional success but also for the enrichment of personal life. Teaching is a central mission of the college and a major responsibility of its faculty. The college develops and provides graduate and undergraduate courses and programs, including a program of general education, which form the core of the university\u2019s curriculum. Across the range of its offerings, the college commits itself to excellence in the preparation of majors, in interdisciplinary studies, in general education and in graduate studies. It is the college\u2019s responsibility to educate people to become rational and morally sensitive human beings and citizens and, equally important, to acquire the skills and information that will be required of them in the various professions. The college offers instruction leading to the Bachelor of Arts, Bachelor of Music, Bachelor of Science, Master of Arts, Master of Music, Master of Science and Doctor of Philosophy degrees. In conjunction with the School of Education and Human Services, it offers instruction leading to secondary teaching certification in biology, chemistry, English, history, math- ematics, a modern language and literature, music and physics. Admission Departmental rather than college-wide regulations govern admission to the college\u2019s majors. Students should maintain close contact with faculty advisers in the department in which they wish to major and with the college advising office. Academic Advising In order to help students develop and achieve their academic goals, the college offers an advising program staffed by faculty advisers in each academic department and by professional advisers in the College of Arts and Sciences Advising Office (221 Varner Hall, 248-370-4567). All students are expected to meet with an adviser on a regular basis. Students who need assistance with course selection, registration, major and career choice or have questions about college and degree requirements, academic standing, transfer credit and petitions of exception should meet with an adviser in the College of Arts and Sciences Advising Office. Undecided students interested in programs offered by the college should meet with an adviser in the College of Arts and Sciences Advising Office each semester until they declare a major. Once a major in the college has been declared, students should meet initially with a 84 departmental adviser to establish a program plan and periodically thereafter to ensure that they are completing major requirements. Frequent adviser contact will help ensure that the student has current academic information and is making good progress toward a degree. Seniors are urged to meet with an adviser for a graduation check prior to final registration. It is the responsibility of each student to know and meet graduation requirements and to make every effort to obtain adequate academic advising. Requirements for Bachelor of Arts and Bachelor of Science Degrees General requirements Each student must: 1. Complete at least 124 credits; the Bachelor of Music degreerequires 153-161 credits in music education, and the Bachelor of Science degree in environmental health requires completion of 128 credits. No more than 8 credits in approved physical education courses will count toward a degree in the College of Arts and Sciences. 2. Complete the requirements for a major offered by the College of Arts and Sciences with a cumulative grade point average of at least 2.00. 3. Complete at least 32 of these credits at Oakland University, of which at least 16 credits must be in the student\u2019s elected major. 4. Complete at least 32 credits in courses at the 300 level or above. 5. Complete the last 8 credits at Oakland University. 6. Earn a cumulative grade point average of at least 2.00 in courses taken at Oakland University and in the major(s), any elective minor(s), and any elective concentration(s). 7. Complete the writing proficiency requirement (see Undergraduate degree requirements). 8. Complete the university\u2019s general education requirement (see Undergraduate degree requirements). 9. Complete the university\u2019s ethnic diversity requirement (see Undergraduate degree require- ments). 10. Complete the college distribution requirements described below. College distribution requirements In addition to satisfying the university-wide general education requirements, students seeking the Bachelor of Arts degree must complete 16 additional credits distributed in four of the six categories listed below. Students seeking the Bachelor of Science degree need complete only 12 additional credits in three of the six areas listed below. These credit requirements may be lower for students with sufficient preparation in a foreign language (see Note 1 below). An approved interdisciplinary course may be used in lieu of one of the six distribution categories (see Note 2 below). Candidates for the Bachelor of Music degree must complete 4 credits in a modern foreign language at the 115 level or above. None of these requirements may be met by independent study courses, internships, field experience courses or teaching methods courses. Unless otherwise noted, courses in the major may be applied toward these requirements; restrictions apply only to students majoring in social science disciplines (see Note 3 below) and transfer students (see Special provisions for transfer students in college Policies and Procedures). Some courses may be used to satisfy both the college distribution requirements and the ethnic diversity requirement 85 Distribution categories 1. Foreign language: 4 credits in a modern foreign language numbered 115 or higher. 2. Arts and literature: An additional 4 credits from either the university general education field category lists in arts and literature; literature courses at the 300 level or higher in a modern foreign language; or art or art history, cinema, dance, English, music or theatre courses at the 300 level or higher, except for writing courses 300 380, 381, 382, 383, 384, 386, 410 and 411. 3. Civilization: An additional 4 credits from either history, philosophy or international studies courses listed in the university general education field categories of Western civilization or international studies; or history or philosophy courses at the 300 level or higher. 4. Social sciences: An additional 4 credits in anthropology, economics, political science, psychology or sociology from either the university general education field category list in social science, or courses at the 300 level or higher in any of these disciplines or linguistics courses 334, 335, 373, 374, 375 or 376. (See Note 3 below.) 5. Mathematics: An additional 4 credits in mathematical sciences courses but not MTE) numbered 118 or higher. 6. Science: An additional 4 credits in biology, chemistry, environmental health or physics. Notes 1. Four credits in a modern foreign language course numbered 115 or higher may be used to satisfy two requirements at once: the general education requirement in language and the foreign language distribution category. 2. An approved interdisciplinary course may be used in lieu of one of the six distribution categories. Interdisciplinary courses which have been approved by the College of Arts and Sciences for this purpose will be listed in each semester\u2019s Schedule of Classes; they currently include 300 and 200. Additional information may also be obtained from the College of Arts and Sciences Advising Office (221 Varner Hall). 3. Majors in one of the social science disciplines who want to use social science courses to satisfy part of the distribution requirement must take these courses in a social science discipline different from the major. NOTE: As a general rule, no more than 8 credits of course work used to satisfy one major, minor or concentration may be applied toward another, but exceptions to this rule may be allowed with the written approval of the program coordinators. Departmental honors Requirements for awarding departmental honors to students who demonstrate outstand- ing academic achievement are determined by each department. Please consult the chief academic adviser in each department for the specific details of these requirements. Normally, not more than one-third of a department\u2019s graduates may be awarded departmental honors. Major Programs Students must fulfill all requirements of their elected majors as described in the departmental entries cumulative grade point average of 2.00 in the major is required for graduation. As a general rule, no more than 8 credits of course work used to satisfy one major, minor or concentration may be applied toward another, but exceptions to this rule may be allowed with the written approval of the program coordinators. 86 Majors offered by the College of Arts and Sciences are listed below. There are no college-wide regulations governing admission to major standing or retention in the majors. Each department controls its own procedures in these areas. Therefore, students are urged to maintain close contact with faculty advisers in the department in which they wish to major and with the College of Arts and Sciences Advising Office. The majors are: Anthropology (B.A.) Environmental Health (B.S.) Music (B.A. or B.Mus.) Applied Statistics (B.S.) History (B.A.) Performing Arts (B.A.) Art History (B.A.) International Studies (B.A.) Philosophy (B.A.) Biology (B.A. or B.S.) Journalism (B.A.) Physics (B.A. or B.S.) Biochemistry (B.S.) Linguistics (B.A.) Political Science (B.A.) Chemistry (B.A. or B.S.) Mathematics (B.A. or B.S.) Psychology (B.A.) Communication (B.A.) Medical Physics (B.S.) Public Administration (B.S.) Economics (B.A.) Modern Languages Sociology (B.A.) English (B.A.) and Literatures (B.A.) Women's Studies (B.A.) Secondary Teacher Education Program (STEP) In cooperation with the School of Education and Human Services, the College of Arts and Sciences offers an extended program of study leading to secondary teaching certification. The Secondary Teacher Education Program (STEP) is available to majors in biological sciences, chemistry, English, history, mathematics, modern languages and literatures, music and physics. Generally, eligibility for admission to the requires a of 3.00 in both the major and minor, and an overall of 2.80. No single major or minor course grade may be below 2.0. Second-undergraduate degree candidates completing major and/or minors for may be required to complete coursework at Oakland University beyond the stated minimums. For more information on program and admission requirements and procedures, please consult with advisers in the appropriate college department and the School of Education and Human Services. Center for International Programs The center offers majors and minors in international studies; it also sponsors study abroad programs for students and the general public. For information about majors see the center\u2019s departmental listing. For information about other programs, consult with the center's interim director, William A. Macauley (248-370-2140). Biochemistry program The biochemistry program is based on faculty resources and research facilities in the Departments of Biological Sciences and Chemistry. The curriculum is designed to prepare students for careers in biochemical research, graduate study in biochemistry or molecular biology, or professional education in medicine, dentistry, or other health sciences. For details about requirements for the Bachelor of Science degree with a major in biochemistry, see the Biochemistry Program section of the catalog. Environmental Health program Designed to integrate applied scientific specialties within the broad field of environmental health, the environmental health curricula prepare students for a variety of professional opportunities in government and the private sector and for graduate study in such fields as toxic substance management, public health, toxicology, industrial hygiene and environmental planning. For details about requirements for the Bachelor of Science degree with a major in environmental health, see Environmental Health Program 87 Women's Studies program Women's studies constitutes an interdisciplinary field devoted to the description and analysis of women's experiences in historical and contemporary societies. Particular attention is given to differences among women in various social and cultural contexts, the representation of women in literature, art and the media, and the treatment of women by medical and biological sciences. For details about requirements for the Bachelor of Arts degree with a major in women's studies, see the Women's Studies Program section of the catalog. Interschool program For superior undergraduate students in any major in the college, the School of Business Administration offers the Master of Business Administration (MBA) degree. This is a two- year professional program in management designed for students with non-business under- graduate majors. Undergraduate business or management majors may take a variation of the standard program. College of Arts and Sciences undergraduates working on a major other than one of the business areas may obtain both the undergraduate degree and in an accelerated program. To be eligible, students should have a grade point average in the top 25 percent of their class. Students should apply to the School of Business Administration for admission to this accelerated program in their junior year (see the Oakland University Graduate Catalog). Multiple majors Students who elect to major in more than one area in the College of Arts and Sciences must satisfy the specific requirements of each of the majors they choose. Such students are single degree candidates with more than one major and must satisfy the general and specific requirements applicable to the awarding of one degree, either a Bachelor of Arts or a Bachelor of Science. Forms for students requesting an additional major are available in the advising office and should be completed by students wishing to graduate with more than one major. Under certain conditions, a student may earn more than one degree. Such students are double-degree candidates. For information on the restrictions that apply to the awarding of more than one degree and the requirements that double-degree candidates must satisfy, please see Additional undergraduate degrees and majors. Independent majors Students interested in academic areas in which no suitable major program is available may petition the college Committee on Instruction for an individually tailored independent major in place of one of the departmental majors listed above. An independent major also may be taken as part of a double-major program in conjunction with a regular departmental major, provided that no course counted toward completion of the departmental major is also counted toward completion of the independent major. Students will be admitted to the independent major only after completing 32 credits but before completing 90 credits. For the specific requirements of an independent major, consult the College of Arts and Sciences Advising Office (221 Varner Hall, 248-370-4567). Minors for Liberal Arts Degree programs Minors are not required by the College of Arts and Sciences for baccalaureate programs, but the college offers a number of liberal arts minors that students may pursue in addition to the required major cumulative grade point average of 2.00 is required in courses included in the minor. At least 8 of the credits offered for each minor must be taken at Oakland University. Some courses may satisfy a minor requirement, the ethnic diversity requirement and either a general education or a college distribution requirement. As a general rule, no more than 8 credits of course work used to satisfy one major, minor or concentration may be applied toward another, but exceptions to this rule may be allowed with the written approval of the program coordinators. The catalog chosen 88 for the student\u2019s major will also be used to determine degree requirements for any minor the student may be pursuing unless a written plan of study has been approved by the department or school offering that program. Forms for planning and approval of minors are available from departments or from the College of Arts and Sciences Advising Office (221 Varner Hall). If a department or program does not require an approved plan of study, a student is still entitled to negotiate in writing a minor or concentration with the program coordinator. The college offers the following minors*: advertising (see Rhetoric, Communication and Journalism), anthropology, art history, biology, chemistry, communication (see Rhetoric, Communication and Journalism), dance, economics, English, environmental health (see Other Academic Options at the end of the College of Arts and Sciences section), history, international studies, journalism (see Rhetoric, Communication and Journalism), linguistics, mathematics, modern languages, music, philosophy, physics, political science, psychology, public relations (see Rhetoric, Communication and Journalism), science (see Other Academic Options at the end of the College of Arts and Sciences section), sociology, studio art (see Art and Art History) and theatre (See Music, Theatre and Dance), and Women's Studies (see Other Academic Options at the end of College of Arts and Sciences' Section). Minors from other academic units are also accepted by the college for students graduating with a major from the College of Arts and Sciences. Requirements for these minors are described under departmental entries as indicated. These minors include: in the School of Business Administration, accounting, finance, general business, human resources manage- ment, international management, management information systems, marketing, production and operations management and quantitative methods; in the School of Education and Human Services, human resource development, and labor and employment studies; in the School of Engineering and Computer Science, computing and computer science; and in the School of Health Sciences, exercise science and industrial health and safety. *These minors do not count toward an elementary or a secondary teaching credential. For further information on minors without section references, see the departmental chapter of the same name. Secondary teaching minors Completion of a secondary teaching minor is required as part of the secondary teacher education program (STEP) in preparation for teacher certification by the Michigan Depart- ment of Education. Only programs entitled \u201csecondary teaching minors\u201d are acceptable by the department. Generally, a cumulative grade point average of 3.00 is required in courses included in the minor, with no single course grade below 2.0. Second undergraduate degree candidates completing major and/or minors for may be required to complete coursework at Oakland University beyond the stated minimums. Courses taken to satisfy general education or college distribution requirements may also be used to meet those for the teaching minor. The college of Arts and Sciences offers the following secondary teaching minors, which are described in detail under departmental entries in this catalog: biology, chemistry, dance, economics, English, history, mathematics, modern languages (French, German, Russian, Spanish), phys- ics, political science and sociology secondary teaching minor in computer science is offered by the School of Engineering and Computer Science (see Department of Computer Science and Engineering). Concentrations The College of Arts and Sciences offers a number of concentrations that students may pursue in addition to a departmental major. Concentrations are elective and are not required for graduation. No specific grade point average is required for completion of any given concentration. Some courses may satisfy a concentration requirement, the ethnic diversity requirement and either a general education or a college distribution requirement. As a general rule, no more than 8 credits of course work used to satisfy one major, minor or concentration may be applied toward another, but exceptions to this rule may be allowed with the written approval of the program coordinators. The catalog chosen 89 for the student\u2019s major will also be used to determine degree requirements for any concentration the student may be pursuing. Students should file the university\u2019s Minor and Concentration Authorization Form with the department or school offering that program. Concentrations are described under Other Academic Options at the end of the College of Arts and Sciences portion of the catalog and include the following: American studies; archaeology; criminal justice; environmental studies; film aesthetics and his- tory; French studies; Michigan studies; preprofessional studies in medicine, dentistry, and optometry, and veterinary medicine; religious studies; social services; and urban studies. Information about premedical studies, prelaw studies, geography course offerings and the liberal arts minor in science can be found in the Other Academic Options section as well. Concentrations from other academic units are also accepted by the college for students graduating with a major from the College of Arts and Sciences. Requirements for these concentrations are described under department entries as indicated. These concentrations include health behavioral science in the School of Health Sciences, and applied statistics sponsored by the University Committee on Applied Statistics. Additional Information Special provisions for transfer students The university\u2019s general education requirements and the college\u2019s distribution require- ments call for a distribution of courses among various fields as well as a total number of credits. Students transferring from other institutions may meet a 4-credit field requirement with an appropriate 3-credit transfer course. Such students, however, must take additional courses from any of the field categories to bring the total number of credits completed up to those required for their degree: 32 general education credits plus 16 college distribution credits for the Bachelor of Arts; 32 general education credits plus 12 college distribution credits for the Bachelor of Science. No more than 8 credits in the major discipline and 8 credits in other courses required for the major may be counted toward these credit totals, except by students majoring in linguistics or journalism. For distribution purposes, cross-listed courses count under the department in whose listing the course description is given in full. Students who have completed the agreement must complete the college distribution requirements in addition to the two courses required to complete the university general education requirements. Students may transfer applicable community college credits at any time during their course of study. However, at least one-half of the credits required for completion of a specific baccalaureate degree program must be from regionally accredited four-year institutions, with at least 32 credits earned at Oakland University. (See Transfer student information.) Field experience courses The College of Arts and Sciences offers, by means of departmental courses numbered 399, opportunities for students to earn credit for academic work concurrent with field work experience. Emphasis is on the academic aspect of this program that incorporates student performance in the field. Students are required to make an intellectual analysis of the field experience based on their academic program. The 399 courses carry 4 credits each, are numerically graded and may not be repeated for additional credit. Students wishing to participate in this program are expected to be at the junior or senior level and must have completed at least 16 credits in the department offering the 399 course in which they wish to enroll. Individual departments may have specific prerequisites in addition to these. For details, consult one of the departments participating in this program: art and art history; biological sciences; history; modern languages and literatures; psychology; rhetoric, communication and journalism; and sociology and anthropology. 90 Cooperative education Students majoring in one of the College of Arts and Sciences disciplines have the opportunity to participate in a cooperative education (co-op) program. Co-op offers students the chance to obtain work experience directly related to their chosen careers or fields of study. For example, chemistry majors may work in chemistry laboratories, prelaw students in law offices and journalism and communication majors in various writing jobs. By involving students in an on-the-job experience, co-op helps them make decisions about their future careers. In addition to augmenting their classroom work, it helps them defray the cost of college. To participate in the co-op program, students should have junior or senior standing, a 2.80 grade point average and the approval of their faculty adviser. Students must agree to accept employment for at least two semesters and should not expect to work only during the spring and summer terms. Interested students should contact the coordinator of cooperative education in the Department of Placement and Career Services (College of Arts and Sciences) 91 307 (248) 370-3375 Fax: (248) 370-4208 Chairperson: Susan E. Wood Professor emeritus: Carl F. Barnes, Jr. (Art History and Archaeology) Professors: John B. Cameron (Art History), Janice G. Schimmelman (Art History), Susan E. Wood (Art History) Associate professor: Bonnie F. Abiko (Art History) Assistant professors: Claude Baillargeon (Art History and Studio Art), Stephen Goody (Studio Art; Director, Meadow Brook Art Gallery), Tamara Machmut-Jhashi (Art History) Special instructor: Andrea Eis (Art History and Studio Art) Lecturers: Lynn M. Galbreath (Studio Art), Keri Grayson (Studio Art), Sally S. Tardella (Studio Art), Louisa Ngote (Art History) Chief adviser: Tamara Machmut-Jhaski Studio art coordinator: Andrea Eis Art history is an ideal curriculum for students who wish to investigate a broad range of humanistic disciplines. The visual arts are studied in their historical context in terms of the cultural, economic, philosophical, political, religious, social and technological conditions that determine content and form. The department also emphasizes critical thinking, writing and visual analysis of individual works of art. The art history program provides both majors and non-majors with a thorough introduction to the visual arts of both Western and non\u2013Western cultures throughout history. It is strengthened by visiting lecturers in special fields, group visits to the Detroit Institute of Arts and to other public and private art collections in metropolitan Detroit, and study of special exhibits at Oakland University\u2019s Meadow Brook Art Gallery and the paintings and decorative art objects at Meadow Brook Hall. The art and art history program cooperates with concentrations in American studies, archaeology, film aesthetics and history, French studies, international studies, Michigan studies, religious studies, urban studies and women\u2019s studies. The department offers a program of study leading to the Bachelor of Arts degree with a major in art history. This program is intended for students who wish directed study in art history and for students who are contemplating a career in one of the fields for which art history is a basis: aesthetics and criticism, archaeology, architecture, college teaching, special library collections, art publishing, fine arts, conservation, historic preservation, museum curatorship and urban design minor in art history is available. The department also offers a minor in studio art. This program provides basic principles and methods of drawing, painting, sculpture and photography. The studio art program complements the art history program and provides the tools for further study of the visual arts. Requirements for the liberal arts major in art history, B.A. program minimum of 40 credits in art history courses, distributed as follows: 1 100, 101 and 104 2 300, which should be taken early in the student\u2019s major course work; normally no more than 20 credits in the art history major may be taken prior to this course. 3. 16 credits from the following (at least one course must be selected from each category): 92 (College of Arts and Sciences) Non-Western 301, 304, 305, 308, 309 Ancient/medieval 310, 312, 314, 322, 326, 345 Renaissance/baroque 330, 334, 340, 348 American/modern 350, 352, 360, 361, 362, 363, 367, 368, 369, 370 4. Four elective credits from courses 5. One course at the 400 level 6 106 or 241 as a cognate to the major. Departmental faculty recommend that art history majors acquire computer and word- processing skills before entering graduate school or seeking employment in the profession. Departmental faculty also recommend that students intending to pursue graduate study complete, in addition to the above requirements 400, one other 400-level course and at least two years of college-level foreign language. Departmental honors in art history Graduating seniors may apply for departmental honors. To be considered, students must have completed 20 credits of art history at Oakland University with a of 3.60 or higher in the major, must submit a significant research paper after consultation with a full-time member of the art history faculty, and must have demonstrated citizenship within the department or field, as evidenced by such activities as active participation in La Pittura, success in a departmental field experience, serving as a docent at Meadow Brook Hall or as a volunteer at the Meadow Brook Art Gallery or participation in area arts organizations. All materials must be submitted to the chairperson at least four weeks prior to the last day of classes of the semester in which the student intends to graduate. If a student intends to graduate at the end of the spring session, he/she must submit all materials at least four weeks prior to the last day of classes of the preceding winter semester. Application forms are available in the departmental office (307 Wilson Hall). Requirements for the liberal arts minor in art history minimum of 24 credits in art history courses, to be distributed as follows: 1. Two of the following courses 100, 101, 104 2 total of 8 credits, one course from any two of the following categories: Non-Western 301, 304, 305, 308, 309 Ancient/medieval 310, 312, 314, 322, 326, 345 Renaissance/baroque 330, 334, 340, 348 American/modern 350, 352, 360, 361, 362, 363, 367, 368, 369, 370 3. Four elective credits from courses. Requirements for the liberal arts minor in studio art minimum of 24 credits in studio art courses, to be distributed as follows: 1 106, 115, 161 2. 12 credits from courses at the 200, 300 and 400 level; at least one 4 credit course must be at the 300 level. Course Offerings The department offers selected courses from this catalog as warranted by student needs and availability of faculty. Specific offerings for each term may be found in the Schedule of Classes 100 Introduction to Western Art (4) History and analysis of the visual arts of western Europe from prehistoric times through the Medieval period. Satisfies the university general education requirement in arts (College of Arts and Sciences) 93 101 Introduction to Western Art (4) History and analysis of the visual arts of western Europe from the Renaissance to the present. Satisfies the university general education requirement in arts 104 Introduction to Arts of Asia and the Islamic World (4) Introduction to the monuments of Asia, including India, China, Japan and the Islamic world, including the Near East and North Africa. Satisfies the university general education requirement in arts 300 Critical Thinking and Writing in Art History (4) Practice in writing about art from various points of view, basic research and word processing techniques, and analytical reading of art history texts 300 should be taken early in the student\u2019s major course work; normally no more than 20 credits in the art history major may be taken prior to this course. Prerequisite 160 or equivalent, and written permission of the instructor 301 Japanese Art (4) The development of architecture, sculpture and painting in Japan from prehistoric to modern times. Prerequisite 104 or 220 304 Chinese Art (4) The development of architecture, sculpture and painting in China from the Shang Dynasty, ca. 1550 B.C., until the founding of the Chinese Republic, A.D. 1912. Prerequisite 104 or 210 305 African Art (4) The arts of the indigenous peoples of West, Central and East Africa. May be offered concurrently at the graduate level as 505. Prerequisite: 4 credits in art history or 230 308 Native American Art (4) Native American art of the United States and Canada. Satisfies the university ethnic diversity requirement. Identical with 308. Prerequisite: 4 credits in art history 309 Pre-Columbian Art (4) The arts of the Indians of Mexico, Central America and South America prior to the Spanish Conquest. Identical with 309. Prerequisite: 4 credits in art history or 250 310 Art of the Ancient Near East (4) The architecture, sculpture and painting of Egypt, Mesopotamia, Iran, Asia Minor and Syria from the Neolithic to the Roman period. Prerequisite 100 312 Greek Art (4) The development of architecture, sculpture and painting in classical Greece from ca. 1000 B.C. until the period of Roman domination in the Mediterranean area, ca. 100 B.C. Prerequisite 100 314 Roman Art (4) The development of architecture, sculpture and painting in Etruria and in the Roman Republic and Empire from ca. 600 B.C. until the relocation of the capital at Constantinople in A.D. 330. Prerequisite 100 322 Early Medieval, Byzantine, and Romanesque Art (4) The development of architecture, sculpture and painting in Christian Europe from A.D. 330 through the apex of monasticism, ca. A.D. 1150. Prerequisite 100 326 Gothic Art (4) The development of architecture, sculpture and painting in western Europe from ca. 1150 through the period of the Crusades and medieval urbanism, ca. 1400. Prerequisite 100. 94 (College of Arts and Sciences 330 Renaissance Art in Italy (4) The development of architecture, sculpture and painting in Italy during the Renaissance from 1300 to 1600. Prerequisite 101 334 Renaissance Art in Northern Europe (4) The development of architecture, sculpture and painting in northern Europe from 1400 to 1600. Prerequisite 101 340 Baroque Art (4) The development of architecture, sculpture and painting in western Europe from 1600 to 1700. Prerequisite 101 343 Russian Art (4) The development of architecture, sculpture and painting in Russia from the tenth century to the present. Prerequisite 101 or 260 345 German Art (4) Development of architecture, sculpture and painting in Germany from prehistory to 1871. Prerequisite 100 or 101 348 English Art (4) The development of architecture, sculpture and painting in Britain from the Renaissance through the eighteenth century. Prerequisite 101 350 American Art (4) The development of architecture, sculpture and painting in the United States from the early colonial period to World War I. Prerequisite 101 351 Women in Art (4) The traditional image of woman in art and the contribution of women artists in Europe and the United States from the Middle Ages until the present. Identical with 351. Prerequisite 101 or 200 352 African-American Art (4) The arts of African-Americans from the colonial period to the present. This course satisfies the university ethnic diversity requirement. Prerequisite 101 355 Michigan Architecture (4) The development of the commercial, domestic, industrial, public and religious architecture of Michigan from the period of early settlement to the present. May be offered concurrently at the graduate level as 555 360 Nineteenth-Century Art (4) The development of sculpture, painting and related media in the western world from the French Revolution to 1900. Prerequisite 101 361 Twentieth-Century Art I, 1900-1945 (4) The development of sculpture, painting and related media in the western world from 1900 to 1945. Prerequisite 101 362 Twentieth-Century Art II, 1945 to present (4) The development of sculpture, painting and related media in the western world from 1945 to the present. Prerequisite 101 363 Modern Architecture and Urban Design (4) The development of architecture and urban design in Europe and the United States from the Industrial Revolution to the present. Prerequisite 101 (College of Arts and Sciences) 95 367 Film and the Visual Arts (4) The study of film as a visual art and the relationship between film and twentieth-century artistic movements. Prerequisite 101 or 150 368 History of Photography I, 1825 to 1914 Development of still photography as a mode of visual art and communication from its invention to the first world war. Prerequisite 101 or 261 369 History of Photography II, 1914 to Present The growth of still photography as a form of visual art and communication from the first world war to the present. Prerequisite 101 or 261 370 History of Prints and Printmaking (4) The graphic arts in Europe and America from 1450 to the present, including printmaking techniques, collecting and conservation. Students will study original prints. Prerequisite 101 375 History of the Decorative Arts (4) The decorative arts in Europe and America from 1450 to the present. Prerequisite 101 380 Museum Studies in Art History (4) The study of the art museum, including an overview of the museum profession, management and care of collections, and the registration, conservation, exhibition and interpretation of art objects in a museum setting. The course format will include lectures and field trips. Prerequisite: 16 credits in art history, of which at least 8 must be at the 300-400 level 390 Topics in Art History (4) Specific topics in art history for which no regular course offerings exist. Topic, instructor and prerequisite will be announced before each offering. May be repeated for 4 additional credits 391 Readings in Art History (2) Specific readings projects in art history, art criticism, connoisseurship and conservation. May be repeated in a subsequent semester on a different topic for a total of 4 credits. Prerequisite: 16 credits in art history of which at least 8 must be at the 300-400 level and permission of instructor 395 Study Abroad in Art History (4) Specific topics and directed individual research in art history offered through the Center for International Programs. Specific international program will be announced in the schedule of classes. Prerequisite: Permission of program director 396 Directed Study Abroad in Art History (2) Directed individual research for art history majors who travel abroad to study art monuments. Topics must be approved by instructor before departure. May be repeated in a subsequent semester on a different topic for a total of 4 credits. Prerequisite: 16 credits of art history of which 4 must be at the 300-400 level and permission of instructor 399 Field Experience in Art History (4) Field experience for art history majors under faculty supervision. An academic project that incorporates student performance in an occupational setting. May not be repeated for credit or taken by students who have received credit for 399. Prerequisite: 16 credits in art history of which at least 8 must be at the 300-400 level and permission of instructor 400 The Bibliography and Methodology of Art History (4) Advanced research techniques in art history using bibliographies, other references (e.g., sales catalogs) and electronic databases. Prerequisite: 16 credits of art history, including 300 and one other art history course at the 300-400 level 490 Seminar in Art History (4) Seminar in specific areas of art history. May be repeated in a subsequent semester on a different topic. Prerequisite: 16 credits of art history and/or permission of instructor. 96 (College of Arts and Sciences 491 Directed Research in Art History (4) Directed individual research for advanced art history majors. May be repeated in a subsequent semester on a different topic for a total of 8 credits. Prerequisite: 16 credits of art history of which at least 8 must be at the 300-400 level and permission of instructor 493 Independent Research in Art History (8) Independent research for art history majors engaged in lengthy art history projects. Prerequisite: 24 credits in art history of which at least 16 must be at the 300-400 level and permission of instructor The following courses may include life studies from the nude 106, 115, 206, 215, 241, 261, 306, 315, 341 106 Introduction to Drawing (4) The fundamentals of drawing, through accurate observation of the physical world, are explored: tools, techniques, rendering linear perspective and chiaroscuro 115 Introduction to Painting (4) Introduction to the technical, intellectual, inventive and expressing possibilities of oil painting on canvas. Prerequisite 106 161 Introduction to Photography (4) Introduction to the technical, intellectual, inventive and expressive possibilities of a broad range of traditional and non-traditional photographic processes 206 Drawing (4) Building upon traditional perceptual drawing skills, class moves towards more conceptual and experimen- tal issues and applications of drawing. Prerequisite 106 208 Life Drawing (4) Drawing from the life model, this course focuses on the traditional practices of anatomical rendering. Prerequisite 206 215 Painting (4) Focus on technique, perceptual development and personal expression. Accurate rendering in paint of proportion, volume and chiaroscuro is given precedence. Prerequisite 115 220 Life Painting (4) Focuses on objective study and formal construction of the figure using oil paint. Emphasis is placed upon accuracy and chiaroscuro. Prerequisite 215 241 Historic Painting Techniques (4) Studying the techniques of the Old Masters, course focuses ont he tools and methods of five hundred years of western painting, particularly oil glazes on panel, egg tempera on panel, fresco and oil on canvas. Prerequisite 101 or 115 261 Photography (4) Focus on the development of traditional photographic technique and the conceptual practice of photography as a fine art medium. Prerequisite 161 268 Video Art (4) Introduction to the creation of video as an art form, including basic shooting, sound recording and editing of videos. Prerequisite 261 or 150 (College of Arts and Sciences) 97 306 Drawing (4) Building upon 206, course explores issues in contemporary drawing, emphasizing personal expression, use of materials and aesthetic critical theory. Prerequisite 206 308 Large Format Drawing (4) Explores the formal, conceptual, expressive and dynamic possibilities of large-scale drawing. Prerequisite 306 310 Media Drawing (4) Course pushes the boundaries of traditional drawing by examining new methods of working and new and nontraditional materials, exploring cutting-edge of new media and contemporary art. Prerequisite 306 315 Painting (4) Focus is on the expressive and experimental possibilities of painting within the context of contemporary are and current aesthetic critical theory. Prerequisite 215 341 Historic Painting Techniques (4) Building on 241, class focuses on a particular epoch or artist for a more refined directed individual course of study. Prerequisite 241 361 Photography (4) Course focuses on advanced photographic technique, personal expressive form, contemporary photo- graphic issues and esthetic critical theory. Prerequisite 261 363 Digital Photography (4) Explores digital photographic processes (cameras, scanners and digital manipulation) as tools to create conceptually relevant art. Prerequisite 261 368 Video Art (4) Continuation of Video Art I, with emphasis on individual development and advanced editing. Prerequisite 268 375 Conceptual and Postmodern Art (4) Advanced course explores the intellectual and expressive possibilities of conceptual and postmodern art through the creation of art that questions traditional modes of representation. Prerequisite 261 392 Topics in Studio Art (4) Specific topics in studio art for which no regular course offerings exist. Topic, instructor and prerequisite will be announced before each offering. May be repeated for 4 additional credits. Prerequisite: Permission of instructor 395 Projects in Studio Art (2) Specific projects in studio art for which no regular offerings exist. May be repeated in a subsequent semester under a different instructor for a total of 4 credits. Prerequisite: 16 credits in studio art and permission of instructor 399 Field Experience in Studio Art (4) Field experience for studio art minors under faculty supervision. An academic project that incorporates student performance in an occupational setting. May not be repeated for credit or taken by students who have received credit for 399. Prerequisite: 16 credits in studio art, of which 8 must be at the 300 level, and permission of instructor 400 Senior Thesis in Studio Art (4) Focusing on directed individual study, the student completes a coherent body of advanced art work, culminating in a thesis exhibition and thesis paper. 98 (College of Arts and Sciences 495 Independent Study in Studio Art (4) Directed individual investigation of specific problems in the visual arts. May be repeated in a subsequent semester on a different topic for a total of 8 credits. Prerequisite: 16 credits in studio art, of which 4 must be at the 300 level in an appropriate studio art course, and permission of instructor (College of Arts and Sciences) 99 375 (248) 370-3550 Fax: (248) 370-4225 Chairperson: John D. Cowlishaw Professors emeriti: Frances M. Butterworth, William C. Forbes, Esther M. Goudsmit, Egbert W. Henry, Asish C. Nag, Nalin J. Unakar Professors: George J. Gamboa, R. Douglas Hunter, Charles B. Lindemann, Virinder K. Moudgil, John R. Reddan Associate professors: Keith A. Berven, G. Rasul Chaudhry, John D. Cowlishaw, Sheldon R. Gordon, Thaddeus A. Grudzien, Feona M. Hansen, Barkur S. Shastry, Satish K. Walia Assistant professors: Arik Dvir, Anne L. Hitt, Shailesh K. Lal, Gabrielle Stryker, Douglas L. Wendell, Jill Zeilstra-Ryalls Adjunct professors: Jeffrey L. Garvin, Tom Madhavan Adjunct associate professor: Nalini Motwani Adjunct assistant professors: Sumit Dinda, Andrew F. X. Goldberg Special lecturers: Mary Ann Bednarski, Thomas G. Fishwild Lecturers: Phillip T. Clampitt, Anne-Marie N. Kosikupe, Howard J. Normile, Yvette A. Ruiz, Howard J. Spector, Mary Tracy, Tracy L. Wacker, Jessie I. Wood Chief adviser: Thaddeus A. Grudzien The Department of Biological Sciences offers programs of study leading to Bachelor of Arts, Bachelor of Science and Master of Science degrees. The undergraduate programs prepare students for graduate study in the life sciences; laboratory work and research in industries concerned with biological materials; professional careers in medicine, dentistry, nursing or other allied health areas; or teaching science in high school. This liberal arts program in biology is particularly suited to the needs of premedical students. For information on graduate study within the department, see the Oakland University Graduate Catalog. The department offers a diversified selection of courses and research programs in biochem- istry, botany, cell and molecular biology, developmental biology, ecology, evolutionary biology, genetics, microbiology, morphology, physiology, immunology and zoology. Students select courses that suit their goals and interests. With permission, they may elect to participate in the research laboratories of individual faculty members for which they may receive course credit 490). In the past, many such students have appeared as co-authors on scientific publications as a result of the work in which they participated. Such opportunities are of particular value to students preparing for graduate study or research positions. Since modern biology requires physicochemical insight, training in chemistry, physics and mathematics is also required. High school students intending to major in biological sciences should refer to the Admissions section of the catalog for specific preparation requirements. 100 (College of Arts and Sciences) Admission to major standing To be eligible for a degree in biology, students must be admitted to major standing by the Department of Biological Sciences at least three semesters before graduation. This procedure ensures that an appropriate program of study is completed by graduation. Students may be admitted to major standing after filing a satisfactory curriculum plan and completion of one year of introductory biology plus two other courses, one year of general chemistry and mathematics through 141. Requirements for the liberal arts major in biology, B.A. program This curriculum is designed for students intending to incorporate a biology major into a broader liberal arts program in pursuit of careers in technical fields or business or post-graduate study. Students in the B.A. curriculum who wish to apply to medical or dental schools are advised to complete the concentration in preprofessional studies minimum of 40 credits in biology 111 and above) is required, including at least seven lecture courses and a minimum of four laboratory courses. Students must complete: 1 111, 113, 116, 325, 341, and one course each from two of the following areas: Physiology 207, 309 or 321 Morphology 205, 305, 313 or 323 Ecology/evolution 301 or 387 2. One of the following organismic biology courses selected in consultation with a biology adviser: (Note 307 does not satisfy this requirement) Botany 311, 327 or 373 Zoology 303, 317 or 353 Microbiology 319 3. One 3- or 4-credit 400-level lecture course 405, 490 and 497 do not satisfy this requirement) 4. 14 credits of chemistry 157-158, 234) 5. 10 credits of physics 101-102 or 151-152, depending on option, and 158) 6 141 plus any one of the following 122, 154 225. Corresponding lecture and lab courses should normally be taken simultaneously. Note that some courses have incorporated labs into lecture credit while other labs are given separate credit. One semester of computer science 125 or 130) is recommended as an elective. Requirements for the major in biology, B.S. program This curriculum is designed for students who wish to pursue a career in the sciences, including medicine and health-related fields minimum of 40 credits in biology 111 and above) is required, including at least seven lecture courses and a minimum of five laboratory courses. Students must complete: 1 111, 113, 116, 325, 341 and one course each from two of the following areas: Physiology 207, 309 or 321 Morphology 205, 305, 313 or 323 Ecology/evolution 301 or 387 2. One of the following organismic biology courses selected in consultation with a biology adviser: (Note 307 does not satisfy this requirement) Botany 311, 327 or 373 Zoology 303, 317 or 353 Microbiology 319 3. One 3- or 4-credit 400-level lecture course 405, 490 and 497 do not satisfy this requirement (College of Arts and Sciences) 101 4. 20 credits of chemistry 157-158, 234 and either 235 and 237 or 220 and 325) 5. 10 credits of physics 101-102 or 151-152, depending on option, and 158) 6 141 plus one of the following 154 and 155; or 122 and either 225 or 226 7 senior paper based either on research performed under 490 or a literature search of a research-oriented topic taken as 405. Corresponding lecture and lab courses should normally be taken simultaneously. Note that some courses have incorporated labs into lecture credit while other labs are given separate credit. One semester of computer science 125 or 130) is recommended as an elective. Requirements for a modified major in biology (B.S.) with a specialization in anatomy Adviser: Feona M. Hansen Students may elect this specialization in their sophomore year. Biology courses required for the anatomy specialization are 205, 206, 305, 306, 317, 323, 324, 445, 446 and 460. The selection of all courses should be planned by consultation with the adviser. Requirements for a modified major in biology (B.S.) with a specialization in cell-molecular biology Adviser: Anne L. Hitt Students considering a career in cell biology, biotechnology or molecular biology may elect this specialization in their sophomore year. Biology courses required are 309, 310, 319, 326, 342, 439, 440, 441, and 407 or 437. The selection of all courses should be planned in consultation with the adviser. Requirements for a modified major in biology (B.S.) with a specialization in microbiology Adviser: Satish K. Walia Students may elect this specialization in their sophomore or junior year. Biology courses required for the microbiology specialization are 319, 332, 421, 465 and 466. The selection of all courses should be planned in consultation with the adviser. Requirements for the modified major in biology (B.S.) with a concentration in applied statistics Adviser: Keith A. Berven This concentration is open to students pursuing either a Bachelor of Arts or a Bachelor of Science degree in biology. Students should elect this concentration in their sophomore year. Required courses are 226, 322 and either 323 or 324, as well as 490 (4 credits). Secondary Teacher Education Program (STEP): Biological Sciences The Secondary Teacher Education Program (STEP) at Oakland University is an extended program of study leading to certification. Generally, eligibility for admission to the requires a of 3.00 in both the major and minor, and an overall of 2.80. No single major or minor course grade may be below 2.0. Second-undergraduate degree candidates 102 (College of Arts and Sciences) completing major and/or minors may be required to complete additional coursework at Oakland University beyond the stated minimums. Students in this program must complete the requirements for a B.A. or B.S. degree in the College of Arts and Sciences and concurrently fulfill the major requirements listed below: 1. Significant work in the following eight biological areas, as defined by the department, and chosen in consultation with the biology adviser. Note that a single course may satisfy more than one area: Cell biology/biochemistry 111, 309, 323 or 325 Physiology 207 or 321 Zoology 205, 303, 305, 317, 323, 353 or 465 Botany 311, 313, 327 or 373 Ecology 301, 303, 375 or 387 Genetics 341 Microbiology 307, 319, 421 or 465 Evolution 113 or 387 2 minimum of four biology laboratory courses 3. One course in earth science such as 308, 373 106, 107 4. One course in science, technology and society, such as 300 300 308, 312, 373 318 program in must also include a 20-28 hour secondary teaching minor and a sequence of undergraduate course work in education to include 300 345 538 and 427. Extended study including 428, 455 and 501 is also required. Further details on program and admission requirements and procedures can be found in the School of Education and Human Services portion of the catalog and by consulting advisers in the Department of Biological Sciences and the School of Education and Human Services advising office (363 Education and Human Services Building, 370-4182). Requirements for departmental honors in biology Departmental honors may be granted to students who have been nominated by a faculty member on the basis of high academic achievement and excellence in either independent research or teaching assistance. The specific requirements are: 1. 3.20 grade point average (GPA) minimum overall and 3.50 minimum in courses 2. At least one 400-level lecture course 405, 455, 490 and 497 do not qualify) 3. Excellence in one of the following two service roles: a. Assisting in teaching a laboratory course(s) either for pay or credit b. Performing independent laboratory study or serving as a laboratory research assistant. Concentration in preprofessional studies in medicine, dentistry, optometry and veterinary medicine Adviser: Keith A. Berven The Bachelor of Science degree with a major in biology provides students with all the requirements for a concentration in preprofessional studies; however, refer to the Other Academic Options section for suggestions regarding course selection. Students in the Bachelor of Arts degree program will need to complete two semesters of organic chemistry and laboratory in addition to their other science requirements (College of Arts and Sciences) 103 Biochemistry program In cooperation with the Department of Chemistry, the Department of Biological Sciences offers a Bachelor of Science degree program with a major in biochemistry. Requirements for the liberal arts minor in biology Students in other departments who wish to minor in biology must take a minimum of 20 credits in biology, including 111, 113 and 116. At least 8 credits must be taken in courses numbered 301 or above. Students majoring in other life science areas should read the restrictions on dual use of courses to satisfy both major and minor requirements. Requirements for the secondary teaching minor in biology minimum of 20 credits in biology is required for the secondary teaching minor in biology 104, 110, 121 and 300 may not be counted toward this requirement. Coursework shall include one year of general biology 111, 113, 116 or equivalent). Note: transferred general biology courses that present introductory biology in one 3 or 4-credit course may not be used for the minor, despite transferring into as \"equivalent to 111\". The remaining credits shall include one course each from the following categories: 1) Molecular/cellular biology 309, 321, 323, 325, 341, 351. 2) Organismic biology 205, 207, 311, 319, 327, 353, 373. 3) Evolutionary/ecological biology 301, 303, 317, 387. In addition 427, Methods of Teaching Secondary Students, is required. Non-science majors must complete an additional 4 credits in chemistry for a total of 24 credits for this minor. Students are also expected to have pre-calculus mathematics. Generally, a cumulative grade point average of 3.00 is required in courses included in the minor, with no single course grade below 2.0. Post-baccalaureate candidates completing the minor may be required to take additional courses at Oakland University beyond the stated minimums. Students must consult with the departmental adviser. Course Offerings The department offers selected courses from this catalog as warranted by student needs and availability of faculty. Specific offerings for each term may be found in the Schedule of Classes. The following courses are designed particularly for non-biology majors and are not counted toward major or minor requirements 104 Human Biology (4) Introduction to human biology with emphasis on human anatomy and physiology. Topics include cell biology, skeletal, muscular, digestive, cardiovascular, neural, hormonal and reproductive systems. Offered fall and winter semesters. Satisfies the university general education requirement in natural science and technology 110 Life on Earth (4 survey course on the history of nature. The evolutionary emergence of plant and animal life from unicellular to multicellular organisms and eventually to humans is presented through lectures, text readings and films. Offered fall and winter semesters. Satisfies the university general education requirement in natural science and technology 121 Clinical Anatomy and Physiology (5) Basic human anatomy and physiology with clinical emphasis, specifically for pre-nursing students. Lectures are closely tied to laboratory activities. Computerized simulations (e.g., ADAM) are used to teach and test anatomy. Offered winter semester. Prerequisite 111. 104 (College of Arts and Sciences 300 Biology and Society (4) The major concepts of modern biology that would serve as a foundation for the well-educated non-scientist, including evolutionary biology, molecular and cellular biology, genetic and medical interventions, the biological bases of behavior and social organization, and the effects of biological and chemical pollutants. Satisfies the university general education requirement in natural science and technology. The following courses are designed particularly for the biology major and minor and for other majors in the sciences 111 Biology (4) Cell ultrastructure, enzymology, metabolism, genetics, cell division year of high school chemistry and/ or 090 is strongly recommended. Offered fall and winter semesters. Satisfies the university general education requirement in natural science and technology 113 Biology (4) Introduction to the structure and function of plants and animals; nutrient acquisition, gas exchange, internal transport, excretion, chemical and nervous control, reproduction, behavior, ecology, evolution, and a synopsis of the major phyla. Offered fall and winter semesters. Satisfies the university general education requirement in natural science and technology. Prerequisite 111 recommended 116 Biology Laboratory (1) Laboratory and field experience emphasizing scientific method, scientific writing, Mendelian genetics, vertebrate anatomy and animal and plant diversity. To accompany 111 or 113. Offered fall and winter semesters 205 Human Anatomy (4) The integration of organs into systems and systems into the organism. Selected aspects of developmental, comparative and microanatomy also will be discussed. Relevant to students in health sciences, biological science and liberal arts studies. Offered fall and winter semesters. Prerequisite 111 206 Human Anatomy Laboratory (1) Dissection and identification of the musculoskeletal system as well as other major organ systems using human cadavers. To accompany 205 207 Human Physiology (4 detailed study of general physiological principles and mechanisms with emphasis on systemic physiology. Normal physiology of individual organ systems will be explored, with stress on the role each plays in the human homeostatic balance. Offered fall and winter semesters. Prerequisite 111 300 Biology and Society (4) See description above under non-major courses 301 Ecology (5) Basic ecological concepts, energy and materials flow, growth and regulation of populations, commu- nity interactions, chemical ecology and environmental biology. Includes laboratory experience. Offered fall semester. Prerequisite 111, 113, 116 303 Field Biology (4) An ecological and taxonomic study of the fauna of southeastern Michigan. Aims include competence in use of illustrated handbooks and keys, and skills in collecting, preserving and identifying. Offered spring and summer semesters. Prerequisite 111, 113, 116 305 Histology (4) Structural organization of vertebrate tissues and organs in relation to cell and tissue functions. Offered fall semester. Prerequisite 111, 113 (College of Arts and Sciences) 105 306 Histology Laboratory (2) Microscopic examination and identification of vertebrate tissues and organs. Preparation of histological slides. To accompany 305 307 Introduction to Human Microbiology (4) Introduction to the biology of microorganisms emphasizing the infectious diseases they cause and their control. Bacterial, mycotic, protozoan and viral infections; immunology; epidemiology; patho- genic mechanisms; chemotherapy; microbial genetics; microbial growth; and microbial physiology. Required of students in the nursing program. Not open to students who have taken 319. Offered winter semester. Prerequisite 111 309 Biology of the Cell (4) Introduction to the biology of the cell. Includes structure and function of cell organelles and physiological processes at the cellular and molecular levels. Offered winter semester. Prerequisite 111, 113 157 310 Biology of the Cell Laboratory (1) Laboratory experience in cellular biology. Corequisite 309 311 Botany (5 course in plant biology including topics on gross and microscopic structure, physiological processes, reproduction and development. Diversity within the plant kingdom and evolutionary history are also discussed. Includes laboratory experience. Prerequisite 111, 113, 116 317 Vertebrate Zoology (5 comparative study: gross and histological anatomy, taxonomy, unique physiological adaptations to habitats, evolution and paleontology. Includes laboratory experience. Offered winter semester. Prerequisite 111, 113, 116 319 General Microbiology (5) Concepts include microbial metabolism and physiology, genetics and genomics, diversity and evolution, growth control and aseptic techniques, host-parasite relationships, and survey of human bacterial and viral pathogens. Emerging techniques and applications in molecular biology and genetic engineering will also be considered as they relate to microbiology. Includes laboratory experience. Not open to students who have taken 307. Offered fall and winter semesters. Prerequisite 325 or 453 321 Physiology (4 detailed study of physiological principles: the internal environment, bioenergetics, transport, osmoregulation, respiration, conduction, contraction and circulation. Prerequisite 111, 113 325 recommended. Offered fall semester 322 Anatomy and Physiology Laboratory (1) Laboratory exercises in anatomical organization from cellular to organ systems with integrated physiological experiments. To accompany 207 or 321 323 Developmental Biology (4) An examination of mechanisms regulating the development of various organisms. Emphasis on the cellular and molecular controls that govern gametogenesis, fertilization, tissue formation, cellular interactions and gene activity. Offered winter semester. Prerequisite 309 or 341 324 Developmental Biology Laboratory (1 series of observations and experimental exercises on a variety of organisms designed to expose the student to basic patterns of development, embryonic structures and techniques to analyze developmen- tal processes. Corequisite 323. 106 (College of Arts and Sciences 325 Biochemistry (4) Fundamentals of biochemistry. Structure, function, and isolation of biomolecules and subcellular components; enzyme catalysis and regulation; generation of metabolic energy; metabolism of carbohydrates, proteins, and lipids; nutrition implications; and molecular approaches in biological research 425 is a continuation of 325. Offered fall and winter semesters. Prerequisite 111 158 326 Biochemistry Laboratory (1) Cellular extraction and purification of enzymes and enzymes kinetics. Analytical and quantitative methods for characterization of protein structure and activity. Prerequisite: At least two lab courses 325 or instructor permission 327 Dendrology (4) The study of trees and shrubs; their identification, biology and ecology and the importance of woody plants to people. Includes laboratory experience. Offered in alternate fall semesters. Prerequisite 111, 113, 116 333 Plant Physiology (4) Hormonal relationships, inorganic nutrition, osmotic relationships, metabolism, photosynthesis and tropisms. Prerequisite 111 or 113 334 Plant Physiology Laboratory (1) Corequisite 333 341 Genetics (4) Fundamentals of classical and molecular genetics. Selected topics in human genetics, microbial genetics, biochemical genetics, molecular biology, cytogenetics and genomics. Offered fall and winter semesters. Prerequisite 113, 111 342 Genetics Laboratory (1) Laboratory experience in genetics, including elementary experiments in Mendelian genetics and molecular genetics. Principles of hypothesis testing and data analysis. Prerequisite 111, 113, 116. Corequisite 341 351 Neurobiology (4) Properties of individual nerve cells and small groups of nerve cells involved in information processing. Emphasis is placed on the cellular and molecular basis of excitability and synaptic transmission, membrane receptor systems and signalling, neuronal plasticity, and sensory and motor functions in relation to neurological disorders. Offered winter semester. Prerequisite 111, 113 158 353 Animal Behavior (4) The genetics, physiology, ecology and evolution of animal behavior. Emphasis is on social behavior, especially the behavior of social insects. Offered fall semester. Prerequisite: Sophomore standing 354 Animal Behavior Laboratory (1) An introduction to the study of animal behavior in the field and in the laboratory. Topics will include experimental design, data analysis, and writing in the scientific format. Prerequisite 116 (with a grade of 2.0 or higher 373 Field Botany (4 local flora course in identifying vascular plants occurring naturally in Michigan. Emphasis is on flowering plants, although ferns and coniferous species are also treated. Includes field trips to representative natural areas in southeast Michigan. Offered spring semester. Prerequisite 111, 113 (College of Arts and Sciences) 107 375 Limnology (2) An introduction to freshwater biology; lake classification, biogeochemical cycles, lake and stream ecology, seasons, flora and fauna, plankton and benthos, and lake origins and evolution. Prerequisite 111, 113 381 Gross Human Anatomy (4) Combined lectures and laboratories primarily for upper-level health science majors. Study of human body systems with emphasis on the musculoskeletal system; morphological correlate of human physiological functions; and dissection of cadaver. Prerequisite 321 and permission of instructor 387 Evolutionary Biology (4) Exploration of the processes of evolution and their past and current influence on organisms of today. Topics include origin of variability, natural selection, differentiation of populations, speciation, phylogenetic concepts, evolutionary ecology and sociobiology. Offered alternate fall semesters. Prerequisite 111, 113 341 recommended 399 Occupational Experience in Biology (2, 3, or 4) Occupational experience in biology with faculty supervision that incorporates student performance in an professional setting. Prerequisite: 16 credits in biology of which 8 must be at the 300-400 level 401 Advanced Human Physiology (4) Lectures and discussion emphasizing the human organism and the experimental basis for current concepts and techniques. Topics include: reproduction, circulation, respiration, electrophysiology and cellular mechanisms in physiological processes. Offered fall semester. Prerequisite 207 or 321 405 Directed Readings in Biology (2, 3 or 4) Term paper based on library research of a current research-oriented biological topic. May be taken more than once. Prerequisite: Written agreement with a biology faculty supervisor 407 Cellular Biochemistry (4) Advanced discussion of cellular control mechanisms emphasizing recent developments in the biochemistry of proteins and nucleic acids. Offered fall semester. Prerequisite 325 409 Endocrinology (4) The interrelationship of various endocrine systems with vertebrate physiology; examination of control processes, the mechanism of hormone action, and the role of hormones in cancer, reproduction, differentiation, and growth. Prerequisite 207 or 321 421 Medical Microbiology (4) Bacterial and viral human pathogens, emphasizing their etiology, physiology, pathogenesis, epidemiology, control and diagnosis. Prerequisite 319 or 325 423 Immunology (3) Human immune response. Emphasis on components of the immune system, antibody structure and function, antigen processing and presentation, Tcell responses, immune response to infectious diseases, and disorders of the immune system. Offered fall semester. Prerequisite 111, 113 309 recommended. 108 (College of Arts and Sciences 425 Biochemistry (4 continuation of 325. Topics include metabolism of lipids and nitrogen-containing com- pounds, biochemical mechanisms of hormone action, integration and control of cell metabolism, biochemistry of nucleic acids, and mechanisms of gene transcription and protein synthesis. Offered winter semester. Prerequisite 325 437 Virology (4) Fundamentals of virology including classification of bacteriophages, plant and animal viruses, viral multiplication, and pathogenesis. Laboratory exercises to be included. Prerequisite 309, 319, or 325 439 Molecular Biology (4) Basic molecular biology of viruses, prokaryotes, and eukaryotes with emphasis on cloning, expression and regulation of genes, applications of recombinant DNA, cancer, and genetic diseases/disorders. Prerequisite 325 or 341 or permission of instructor 440 Molecular Biology Laboratory (2) Basic techniques in molecular biology: isolation and characterization of and RNA, cloning, restriction analysis, nucleic acid hybridization and recombinant techniques. Prerequisite 439 or permission of instructor 441 Microbial Biotechnology (4) Microbial genetics, emphasizing the basic aspects of bacteriophage and plasmid genetics applied to biotechnology. Prerequisite 341 or 319 or permission of instructor 443 Functional Genomics and Bioinformatics (3) Use and implementation of computer software for sequence analysis of nucleic acids and proteins. Emphasis on gene discovery, annotation, building phylogenetic histories, and state-of-the-art strategies used for gene expression analysis of an organism from a genome-wide perspective. Prerequisite 341 460 Neuroanatomy (4) The brain, brain stem, spinal cord and associated structures with respect to their morphology, development, function and the integration of these functions in motor activity. Certain lesions and their clinical significance will be discussed. Prerequisite 205 or 381 or permission of instructor 461 Neuroanatomy Laboratory (1) Laboratory experience in neuroanatomy. Identification of basic neuroanatomical structures of the human. Corequisite 460 463 Topics in Cell Biology (4) Topics vary, but may include model systems, the origin of life, tissue culture, experiments in tissue culture, atherosclerosis, gene sharing, stem cells, oxidative defense systems, cell division, and discussion of breakthrough areas in cell biology. Prerequisite 309 or 321 or 325 or 341 464 Cell Biology Laboratory (1) Primary emphasis will be on learning the techniques of tissue culture. Prerequisite: Requires permission of instructor 465 Medical Parasitology and Mycology (4) Integrated lecture-lab. Study of medically important protozoan, helminth, arthropod and mycotic organisms; their morphology, biology, pathogenesis, clinical manifestations, immunology, epidemi- ology and control. Laboratory methods for identification of medically important parasites. Offered winter semester. Prerequisite 111, 113, 116 (College of Arts and Sciences) 109 481 Topics in Physiological Ecology (3) Physiological responses of organisms to their environment, including plant/herbivore interactions, adaptations of desert animals, allelopathy, energy cost of animal activities, and communication on an organismal level. Offered alternate winter semesters. Prerequisite: One course in physiology or ecology 482 Topics in Evolutionary Biology (3) Advanced topics in evolutionary biology, including evolutionary patterns, the nature of selection, adaptation, macroevolution, the application of molecular biology to evolution and philosophical issues of evolution. Offered alternate fall semesters. Prerequisite: One course in either ecology, behavior or evolution or permission of instructor 483 Topics in Community and Population Biology (3) Analytic and synthetic approaches to the biology of populations and communities utilizing both plant and animal studies. Topics will include population growth and regulation, competition, predator- prey interactions, community structure and species diversity. Offered alternate fall semesters. Prerequisite: One course in ecology, evolution or permission of instructor 484 Topics in Behavioral Biology (3) The ecology, evolution, genetics and physiology of behavior, especially social behavior. Topics will include kin recognition, mate choice, dominance hierarchies and the mechanisms by which societies are organized. Offered alternate winter semesters. Prerequisite 353 490 Independent Research (2, 3 or 4) Directed undergraduate research in laboratory, field or theoretical biology. May be taken more than once. Should be initiated before or during the junior year. Graded numerically or by written arrangement with biology faculty supervisor maximum of 8 credits may be numerically graded. Prerequisite: Written agreement with a biology faculty supervisor 491 Selected Topics in Biology (2) Advanced topics in a specialized area of biological sciences. The topics and prerequisites may vary. May be repeated for additional credit 497 Apprentice College Teaching (2) Assisting in presenting a course, usually a laboratory course, to undergraduates. May be taken more than once. Prerequisite: Written agreement with a biology faculty supervisor. 110 (College of Arts and Sciences 260 (248) 370-2320 Fax: (248) 370-2321 Chairperson: Michael D. Sevilla Professors emeriti: Kenneth M. Harmon, Steven R. Miller, Robert L. Stern Professors: Gottfried Brieger, Maria Szczesniak Bryant, Arthur W. Bull, Denis M. Callewaert, Dagmar Cronn, Isaac Eliezer, Kathleen Moore, Joel W. Russell, Mark W. Severson, Michael D. Sevilla, R. Craig Taylor, Paul Tomboulian Associate professor: Julien Gendell Assistant professors: Amanda Bryant-Friedrich, Ferman Chavez, Roman Dembinski, John V. Seeley, Linda Schweitzer, Xiangqun Zeng Special instructor: Ghassan Saed Adjunct professors: David Becker, Grzegorz Chalasinski, Anna C. Ettinger, Jiri Kresta, Gholam-Abbas Nazri, Fazlul Sarkar, Han Xiao Adjunct assistant professors: Janet Bennett, Gerald G. Compton, Naomi Eliezer Lecturers: R. Terry Begnoche, Steven Gotler, Raymond R. Heald, Robert R. Matheson, Robert MacDonald, Abul Molla, Thomas Ott, Hari Prasad, Seqwana Pryor, William Robert, Cole Shoemaker, Christy Stine, Douglas Thiel, Jennifer Tillinger Chief adviser: Dagmar Cronn Oakland University\u2019s chemistry programs offer students the laboratories and equipment typically found at larger universities while retaining strong emphasis on the undergraduate education and informal student-faculty relations characteristic of smaller liberal arts colleges. Additionally, research opportunities are available to qualified undergraduates. The Department of Chemistry provides highly professional chemistry programs, as well as the liberal arts dedication to developing the highest intellectual and creative potential of its students. The department offers programs of study leading to Bachelor of Arts, Bachelor of Science and Master of Science degrees in chemistry and a Doctor of Philosophy degree in biomedical sciences with specialization in health and environmental chemistry. High school students intending to major in chemistry should refer to the Admissions section of the catalog for specific preparation requirements. Planning a program in chemistry Curricula leading to a major in chemistry are quite structured, since knowledge is developed cumulatively in a four-year sequence. This leads to a fairly prescribed order of course presentation with a number of specific course requirements. Students interested in pursuing a program of study in chemistry should consult with a departmental adviser and file a program plan as early as possible in their college career (College of Arts and Sciences) 111 Admission to major standing To be eligible for a degree in chemistry, students should be admitted to major standing by the department at least three semesters before graduation. Students must consult with the chemistry department chief adviser and file an application for admission to major standing, which includes a curriculum plan, during the term in which they first take a 300-400 level chemistry course. This procedure is designed to ensure that an appropriate plan of studies is completed by graduation. Applications for major standing in chemistry will be approved after completion of 157 (or 167), 158 (or 168), 220, 234-235, 237 151 and 154 with a grade point average of 2.00 or better. Course work more than 10 years old is subject to re-evaluation by the department. An examination may be required to demonstrate proficiency in areas covered by such courses. Requirements for the liberal arts major in chemistry, B.A. program This curriculum is for students who wish to incorporate a science major into a broader liberal arts program or who wish a foundation in chemistry as a basis for study in chemical physics, medicine and related fields, environmental studies, and technical-legal or technical-business careers. Students interested in sales or management careers in the chemical industry might consider taking the minor in general business offered by the School of Business Administration. To earn a Bachelor of Arts degree with a major in chemistry students must be approved for major standing and must complete the core curriculum, which requires a minimum of 44 credits in chemistry and 16 credits of corequisite courses, including: Core curriculum 157 General Chemistry 5 158 General Chemistry 5 (or 167-168 220 Introduction to Computational Chemistry 2 234 Organic Chemistry 4 235 Organic Chemistry 4 237 Organic Laboratory 2 325 Analytical Chemistry 4 342 Physical Chemistry 4 343 Physical Chemistry 4 348 Physical Chemistry Laboratory 2 362 Descriptive Inorganic Chemistry 3 400 Seminar (two semesters) 0 438 Inorganic/Organic Laboratory 2 453 Biochemistry 3 Corequisite courses 154-155 Calculus 8 151-152 Introductory Physics 8 130 is a recommended elective for chemistry majors. Requirements for the Bachelor of Science degree with a major in chemistry certified) The Bachelor of Science degree with a major in chemistry consists of the core curriculum and corequisite courses plus a set of advanced courses. In selecting advanced courses, students may tailor their programs to fit specific career objectives, such as industrial chemistry, biochemistry, graduate study, research, medicine or dentistry. Students should plan their programs in consultation with a faculty adviser; advanced course programs must be approved as part of the application for major standing. 112 (College of Arts and Sciences) To earn a Bachelor of Science degree with a major in chemistry a student must be approved for major standing and must complete the core curriculum, which requires a minimum of 44 credits in chemistry and 16 credits of corequisite courses, plus 8 elective credits in chemistry at the 400 level of which at least two credits must be laboratories. The full degree requirement for the Bachelor of Science degree with a major in chemistry are detailed below: Core curriculum 157 General Chemistry 5 158 General Chemistry 5 (or 167-168 220 Introduction to Computational Chemistry 2 234 Organic Chemistry 4 235 Organic Chemistry 4 237 Organic Laboratory 2 325 Analytical Chemistry 4 342 Physical Chemistry 4 343 Physical Chemistry 4 348 Physical Chemistry Laboratory 2 362 Descriptive Inorganic Chemistry 3 400 Seminar (two semesters) 0 438 Inorganic/Organic Laboratory 2 453 Biochemistry 3 Advanced set of chemistry courses (400 or above) 8 (2 credits must be laboratories) Corequisite courses 154-155 Calculus 8 151-152 Introductory Physics 8 130 is a recommended elective for chemistry majors. American Chemical Society certification The Department of Chemistry\u2019s faculty members, facilities and curriculum meet the criteria of the American Chemical Society. This allows the department to certify chemistry students as eligible for society membership. Certification is granted to students who have successfully completed the requirements for the Bachelor of Science degree with a major in chemistry. Requirements for the major in engineering chemistry, B.S. program Coordinators: Dagmar Cronn (Chemistry) and Ching L. Ko (Engineering) The program in engineering chemistry, which is offered by the Department of Chemistry in cooperation with the School of Engineering and Computer Science, leads to the Bachelor of Science degree with a major in engineering chemistry. It is intended for well-qualified students who seek a basic preparation in engineering along with a highly professional chemistry program. Requirements include: 1 154, 155, 254 257 and 151-152 2 157-158 (or 167-168 or 162-163), 234-235, 237, 325, 342-343, 348 and 471; one lecture or laboratory course (2 or 3 credits) above 400 3 101, 401 141, 171 222 221, 241, 331 and 325; choice of 8 credits from 438, 448, 449, 456, 482 and 431 (College of Arts and Sciences) 113 Students in this program are not required to complete the College of Arts and Sciences distribution requirements. Students must complete the university's general education, writing proficiency and ethnic diversity requirements (see Undergraduate Degree Requirements). In addition to the previously stated requirements, satisfactory completion of the program requires an average grade of at least 2.00 in the courses taken to satisfy the engineering and chemistry requirements and in the courses prescribed for the mathematics, physics and computer science requirements. For limitations on free electives see the Policies on Electives section in the School of Engineering and Computer Science portion of the catalog. Secondary Teacher Education Program (STEP): Chemistry Adviser: Dagmar Cronn The Secondary Teacher Education Program (STEP) at Oakland University is an extended program of study leading to certification. Generally, eligibility for admission to the requires a of 3.00 in both major and minor, and an overall of 2.80. No single major or minor course grade may be below 2.0. Second-undergraduate degree candidates completing major and/or minors may be required to complete additional coursework at Oakland University beyond the stated minimums. Students in this program must complete the requirements for a B.A. or B.S. degree in chemistry in the College of Arts and Sciences and concurrently fulfill the major requirements listed below: 1. One course in earth science, such as 106, 107 or 308, 373 2. One course in science, technology and society 300 3. One biology course 111 or some other course approved by the adviser program in must also include a 20-28 hour secondary teaching minor and a sequence of undergraduate course work in education to include 300 345 538 and 427. Extended study including 428, 455 501 is also required. Further details on program and admission requirements and procedures can be found in the School of Education and Human Services portion of the catalog and by consulting advisers in the Department of Chemistry and the School of Education and Human Services Advising Office (363 Education and Human Services Building, 248-370-4182). Research The Department of Chemistry offers exceptional opportunities year-round for interested and qualified students to participate in faculty research. Course credit for research may be earned in 290 and 490. In addition, employment opportunities or fellowships are often available. Such research experience is of particular value to students preparing for graduate study or industrial employment. Students should feel free to discuss research opportunities with members of the chemistry faculty. Specific arrangements with an individual faculty member must be made before enrollment in 290 or 490. Departmental honors Departmental honors may be awarded to graduating seniors in chemistry who have been recommended for honors by their research advisers and have completed all required science courses with high grades. Advanced courses in chemistry Students pursuing a major in chemistry, B.S. program take eight credits of advanced courses in areas of interest. In addition to the courses listed in this catalog, the following advanced courses are open to qualified undergraduates 521 and 522 Advanced Analytical Chemistry and Topics in Analytical Chemistry 534 and 535 Advanced Organic Chemistry and Topics 114 (College of Arts and Sciences) in Organic Chemistry 540 Symmetry in Chemistry 541 and 542 Advanced Physical Chemistry and Topics in Physical Chemistry 553 and 554 Advanced Biochemistry and Topics in Biochemistry, and 563 and 564 Advanced Inorganic Chemistry and Topics in Inorganic Chemistry. See the Oakland University Graduate Catalog for course descriptions. Biochemistry program In cooperation with the Department of Biology, the Department of Chemistry offers a Bachelor of Science degree with a major in biochemistry. Courses used to fulfill the require- ments for a major in biochemistry may not be used simultaneously to fulfill the requirements for a major or minor in chemistry. Requirements for the liberal arts minor in chemistry Students in other departments or the Bachelor of General Studies program who wish to minor in chemistry must take 157-158 (or 167-168), 234-235, 325 and 342 minimum of 8 credits in chemistry must be earned at Oakland University. An approved concentration/ minor authorization form must be filed three semesters prior to graduation. Requirements for the secondary teaching minor in chemistry minimum of 20 credits in chemistry are required for the secondary teaching minor in chemistry. Students transferring equivalent courses must still meet this 20-credit minimum. These must include 157-158 (or 167-168), plus courses from one of the following two options. 1 234, 220, and 325. This option is restricted to students who also take 325 (e.g. biology majors). 2 201 220 and 325. Non-biology majors would normally select this option. Non-science majors must complete an additional 4 credits in science for a total of 24 credits. In addition 427, Methods of Teaching Secondary Students (chemistry), is required. Generally, a cumulative grade point average of 3.00 is required in courses in the minor, with no single course grade below 2.0. Second undergraduate degree candidates completing the minor may be required to take additional courses at Oakland University beyond the stated minimums. Students must consult with the secondary education minor adviser in the department. Concentration in preprofessional studies in medicine, dentistry, optometry and veterinary medicine The Bachelor of Science degree with a major in biochemistry provides students with all the requirements for a concentration in preprofessional studies with the exception of 158, which needs to be completed. The Bachelor of Science degree and the Bachelor of Arts degree with a major in chemistry provide students with all the requirements for a concentration in preprofessional studies with the exception of 158, which must be completed, and five courses in biology/biochemistry. Students interested in a medical career should refer to the concentration in preprofessional studies in medicine, dentistry, optometry and veterinary medicine (Other Academic Options) and consult with the chemistry or biochem- istry adviser and with the preprofessional studies adviser. Course Offerings The department offers selected courses from this catalog as warranted by student needs and availability of faculty. Specific offerings for each term may be found in the Schedule of Classes (College of Arts and Sciences) 115 The various introductory chemistry courses 090, 104, 143, 157, 162 and 167) are for students in different majors with different levels of mathematical and physical science preparation. Students who do not place in 012 or higher course are advised to complete 011 prior to enrolling in any chemistry course 090 Foundations for Chemistry is designed for students who need additional preparation before enrolling in 104, 143 or 157. Students must consult with the chemistry department adviser or their major adviser before enrolling in 090, 104 or 143 104 is designed primarily for prenursing students. Computer science and engineering students may enroll in 143, 157, 162 or 167. Science majors (biology, biochemistry, chemistry, environmental health, physics) and students majoring in the health sciences should enroll in 157 or 167 162 and 167 are recommended for students with a strong preparation in chemistry and physics 157-158 or 167-168 are prerequisite to all higher chemistry courses except 201 and 300. Credit will be allowed for only one of each of the following series of courses 104, 143, 157, 162 or 167 and 145, 158, 163 or 168. Credit will not be allowed in major and minor programs in chemistry, biology or physics for 090, 201 and 300 100 Physical Sciences in Life, the World and Beyond (4) Interdisciplinary physical science course for non-science majors to enhance their scientific literacy and experience the scientific approach to problem solving in active-learning classrooms and hands-on and computer laboratories. Modules on the science of everyday life, science of the microscopic world, and the earth and beyond. Offered every term. Satisfies the university general education requirement in natural sciences and technology. Prerequisite 012 with a grade of 2.0 or higher or placement in higher level math course 090 Foundations for Chemistry (4) Basic chemical facts and concepts providing background and problem-solving skills in general chemistry. Intended especially for students needing additional preparation before enrolling in 104, 143 or 157 090 may not be used for major or minor credit in chemistry, biology or physics 104 Introduction to Chemical Principles (4) Study of principles of general chemistry. Prepares students for 201. Recommended preparation: high school algebra and chemistry. Satisfies the university general education requirement in natural science and technology. Prerequisite 011 with a minimum grade of 2.0 or placement in 012 or higher course; or 090 143 Chemical Principles (4) States of matter, atomic structure, bonding and molecular structure, chemical reactions, kinetics, equilibrium, acid-base chemistry and thermochemistry. Recommended preparation is three years of high school mathematics and one year of high school chemistry. Offered fall and winter. Prerequisite: Score of 20 or higher on mathematics exam; or 012; or 090 147 General Chemistry Laboratory (1) Experimental investigation of chemical phenomena and measurements. This laboratory will not appear in the schedule of classes; students must obtain permission from the chemistry department adviser to register. Prerequisite 144 and permission of chemistry adviser 148 General Chemistry Laboratory (1) Training in the basic techniques of chemistry experimentation. This laboratory will not appear in the schedule of classes; students must obtain permission from the chemistry department adviser to register. Prerequisites 145, 147 and permission of chemistry adviser 157 General Chemistry (5) Integrated lecture-laboratory. States of matter, atomic structure, bonding and molecular structure, chemical reactions. [Formerly 144 and 147]. Recommended preparation is three years of high school mathematics and one year of high school chemistry 157 satisfies the university general education requirement in natural science and technology. Offered fall and winter. Prerequisites: Score of 20 or higher on mathematics exam; or 012; or 090. 116 (College of Arts and Sciences 158 General Chemistry (5) Integrated lecture-laboratory. Chemical reactions, kinetics, equilibrium, acid-base chemistry, thermody- namics and electrochemistry. [Formerly 145 and 148]. Offered fall and winter. Prerequisite 144 and 147 or 157 162 Honors General Chemistry for Engineers (4) Intensive introduction to chemistry in a small-class setting including selected research areas in chemistry. This course has common lectures with 167 and is recommended for engineering majors with strong high school preparation in chemistry, physics, and mathematics 162 does not satisfy the university general education requirements innatural sciences and technology. Prerequisite: One year of high school chemistry and physics and placement in 154 or higher or math score of 25 or higher 163 Honors General Chemistry for Engineers (4 more intensive treatment of the topics in 158 including selected research areas in chemistry in a small-class setting. This course has common lectures with 168. Prerequisite 162 or 167 167 Honors General Chemistry (5) Integrated lecture-laboratory more intensive introduction to the topics in 157 including selected research areas in chemistry in a small-class setting 167 satisfies the university general education requirement in natural science and technology. Offered fall and winter. Prerequisite: One year of high school chemistry and physics and placement in 154 or higher or math score of 25 or higher 168 Honors General Chemistry (5) Integrated lecture-laboratory more intensive treatment of this topics in 158 including selected research areas in chemistry in a small-class setting. Prerequisite 157 or 167 201 Introduction to Organic and Biological Chemistry (4) Brief survey of organic and biological chemistry, emphasizing applications to human physiology 201 may not be used for major or minor credit in chemistry, biology or physics, except for the minor in chemistry. Prerequisite 104 220 Introduction to Computational Chemistry (2) An introduction to the use of modern computational methods for the solution of chemical problems, with emphasis on the use of high-level software packages. Topics include elementary computational proce- dures, statistical treatment of experimental data, graphical methods, and an introduction to molecular modeling. No computer programming experience required. Prerequisite 157 or 167 234 Organic Chemistry (4) Introduction to the structure, properties and reactivity or organic compounds. Prerequisite 158 or 168 235 Organic Chemistry (4 continuation of 234 study of the organic chemistry of functional groups and an introduction to biologically important organic compounds. Prerequisite 234 237 Organic Chemistry Laboratory (2) Basic organic laboratory manipulations at the semi-micro level, synthesis, spectroscopy and chromatography. Prerequisite 158 or 168 and 234 234 may be taken concurrently 290 Introduction to Research (1, 2, 3 or 4) Introduction to laboratory research for students with no previous research experience. May be repeated for credit. Graded S/U. Prerequisite: Permission of instructor 300 Chemistry and Society (4) Designed for non-science majors and chemistry majors and minors. Applies chemistry to environmental topics including smog, ozone depletion, global climate changes, water pollution, acid rain, fossil fuel and nuclear and alternative energies. Several in-class laboratory experiences included. Satisfies the university general education requirement in natural science and technology (College of Arts and Sciences) 117 310 Environmental Chemistry (3) Concepts from atmospheric and aquatic chemistry as it is applied to the environment such as photochem- istry, global warming, ozone depletion, carbon cycle, equilibrium principles, acids and bases, complexation and dissolution, and electron transfer processes. Current topics in environmental issues and analytical methods will be discussed. Prerequisite 234 325 Analytical Chemistry (4) Acid-base, complexation, precipitation, oxidation-reduction and phase-distribution principles, along with fundamentals of spectroscopy, chromatography and statistics, are studied and applied to chemical analysis. Four hours of lecture and eight hours of laboratory per week. Prerequisite 158 or 168 342 Physical Chemistry (4) Kinetics, applications of thermodynamics to chemical systems and equilibria. Prerequisite 158 or 168 155 and 152 343 Physical Chemistry (4) Introduction to quantum mechanics, statistical mechanics and molecular spectroscopy. This course may be taken before 342. Prerequisite 158 or 168 155 and 152 348 Physical Chemistry Laboratory (2) Experiments in thermodynamics, kinetics, phase equilibria and advanced spectroscopy with emphasis on mathematical treatment of experimental data. Prerequisite 220, 325, and 342 or 343 362 Descriptive Inorganic Chemistry (3) Structure, bonding and reactivity of inorganic compounds. Prerequisite 235 400 Seminar (0) Discussions of recent advances and topics of current interest; reports. Graded S/U. Prerequisite: Senior standing 412 Atmospheric Chemistry (3) Chemistry of atmospheric gases and aerosols. Environmental issues (stratospheric ozone depletion, global warming, photochemical smog, acid rain, biosphere/atmosphere interactions). Concepts (lifetimes, sources, sinks, transport, global cycles). Social issues (air quality standards, effects of air pollutants). Measurement techniques. Prerequisite 342 413 Environmental Aquatic Chemistry (3) Applications of inorganic and organic chemistry in natural waters pertaining to environmental concerns. Topics include acid-base reactions, buffer systems, mineral precipitation, chemical complexation, redox reactions, adsorption phenomena, chemical-equilibria, and the influence of organic chemicals on transfer and reaction processes in the environment. Prerequisite 234 426 Instrumental Analysis (3) An integrated examination of contemporary analytical instrumentation including spectroscopy, electro- phoresis, chromatography and mass spectrometry. Emphasis is placed on developing a functional understanding through the analysis of samples typical of those examined in industrial laboratories. Two hours of lecture and four hours of laboratory per week. Prerequisite 325 427 Electrochemistry (3) Survey of electroanalytical and spectroelectrochemical methods. Includes microelectrodes and selective electrodes in bioelectrochemistry as well as electrical phenomena at the biological membrane level. Prerequisite 325 432 Advanced Organic Chemistry (3) Selected topics in synthetic, structural and physical-organic chemistry. Prerequisite 235. 118 (College of Arts and Sciences 438 Inorganic/Organic Laboratory (2) Synthesis, analysis and characterization of organic and inorganic compounds. Prerequisite 237 and 362 362 may be taken concurrently 444 Advanced Physical Chemistry (3) Introduction to statistical mechanics. Applications of quantum and statistical mechanics to chemical bonding, molecular structure and spectroscopy. Prerequisite 342, 343 and 254 453 Biochemistry (3) First course in a comprehensive biochemistry sequence. Structure and function of proteins, carbohydrates and lipids; enzyme mechanisms, kinetics and regulation; bioenergetics and catabolism. Identical with 453. Prerequisite 235 454 Biochemistry (3) Metabolic pathways and control; nucleic acid structure, function and processing, including regulation of gene expression. Selected topics in molecular physiology. Identical with 454. Prerequisite 453 457 Biochemistry Laboratory (2) Techniques of extraction, separation, identification and quantification of biomolecules, including electrophoresis, chromatography and radioisotope techniques, with emphasis on mathematical treatment of experimental data. Identical with 457. Prerequisite 453, which may be taken concurrently 458 Biochemistry Projects (2) Advanced project-oriented instruction in biochemical laboratory techniques. Prerequisite 457 and permission of instructor 463 Inorganic Chemistry (3) Structure, bonding and reactivity of inorganic and organometallic compounds, with emphasis on transition elements and selected main group elements. Prerequisite 362 470 Industrial Chemistry (3) Survey of the major sources and uses of chemicals, industrial chemical processes, fundamental raw materials and career paths available in the chemical industry. More intensive treatment of selected industrial processes. Prerequisite 235 471 Macromolecular Chemistry (3) Preparation, properties and structure of selected inorganic and organic polymers. Both chemical theory and technological applications will be discussed. Prerequisite 235 472 Physical Chemistry of Macromolecules (3) The molecular principles governing the physical behavior of macromolecules in solution and in the glassy and crystalline states. The mechanical behavior and structure of macromolecules. Prerequisite 471 and 343 or permission of instructor 477 Macromolecular Laboratory (2) Introduction to the synthesis and physical characterization of synthetic polymers. Prerequisite 237 and 471 471 may be taken concurrently 480 Selected Topics (1, 2, 3 or 4) Advanced study in selected areas; normally involves preparation of a term paper or presentation of a seminar. May be repeated for credit. Prerequisite: Permission of instructor 486 Physical-Analytical Projects (1 or 2) Advanced experimentation in physical or analytical chemistry, with at least four hours per week per credit. Prerequisite: Permission of instructor (College of Arts and Sciences) 119 487 Synthesis Projects (1 or 2) Advanced synthesis work emphasizing modern techniques, with at least four hours per week per credit. Prerequisite: Permission of instructor 490 Research (1, 2, 3, 4, 6 or 8) Laboratory practice in undergraduate research, with at least four hours per week per credit. May be repeated for credit. Graded S/U. Prerequisite: Permission of instructor 497 Apprentice Chemistry Teaching (1 or 2) Supervised participation in teaching undergraduate or high school courses in chemistry. May be repeated once for credit. Prerequisite: Permission of instructor. 120 (College of Arts and Sciences 440 (248) 370-3283 Fax: (248) 370-4275 Chairperson: Ronald L. Tracy Professor emeritus: Eleftherios N. Botsas Professors: Oded Izraeli, Kevin J. Murphy, Anandi P. Sahu, Miron Stano Associate professors: Addington Coppin, Sherman Folland, Nivedita Mukherji, Ronald L. Tracy Assistant professor: Joann Bangs Visiting assistant professor: David Kalist Chief adviser: Ronald L. Tracy The curriculum in economics teaches students the concepts and tools of economic analysis, while providing them with the breadth and flexibility of a broad general education degree. Students learn how economic analysis can be applied to major problems facing individuals, businesses, the nation and the world today major in economics prepares students for the workplace of the future, which will require workers who are flexible, adaptable to change and who can propose practical solutions to solve problems quickly. Besides preparing students for a career in the public and private sector, an education in economics is excellent preparation for law school, graduate school in public administration or economics, or a Master of Business Administration (MBA) program. Economics is a flexible choice for students seeking a rigorous, well-respected and relevant major without specializing in a narrowly defined area. The Bachelor of Arts degree with a major in economics allows a student to pursue a liberal arts education while providing a background that business considers appropriate for most entry- level management positions. The Bachelor of Science degree with a major in economics has additional requirements in business and economics while providing educational and career flexibility not offered by a degree in business. The minor in economics is useful for liberal arts majors with an interest in business and for business majors who want to demonstrate their solid grounding in economics, the foundation for a business degree. Students who are interested in attending graduate school in economics should see the department chairperson or an economics faculty mentor at an early stage of their undergraduate program. Academic advisers in the School of Business Administration (for B.A. and B.S. degrees) and the College of Arts and Sciences (for B.A. degree) or the chairperson of the Department of Economics do general student advising. Requirements for the liberal arts major in economics, B.A. program The program leading to a Bachelor of Arts degree in economics includes cognate courses in mathematics, statistics and computers; admission to major standing in economics (see below); and required economics courses and economics electives, as listed below. Students who have taken 150 before 200 or 201, and who subsequently become economics majors, should talk to the department chairperson. The economics major must complete each of the cognate and required courses with a grade of 2.0 or better: Cognate courses 011-012 Elementary-Intermediate Algebra (if required by scores) 0 121 Linear Programming, Elementary Functions 4 (College of Arts and Sciences) 121 122 Calculus for the Social Sciences (or 154) 4 125 Introduction to Computer Use (or 200) 4 250 Statistical Methods (or 240 & 340) 6 Required courses 200 Principles of Macroeconomics and 201 Principles of Microeconomics or 210 Principles of Economics (combines 200 and 201) 6-8 302 Intermediate Macroeconomics 3 303 Managerial Economics 3 304 Consumer Economics 3 Economics major electives Choose six economics electives at the 300-level or above, one or more of which must be at the 400-level. No more than 3 credits of 490 may be counted as electives. Students taking 150 before 200 or 201, and who subsequently become economics majors, should talk to the department chairperson. Students may substitute one of the following courses, for an economics elective 200 330 331 300 304 302 343, or a social science course 353 301), or another course approved by the Department of Economics chairperson. Note students must meet any course prerequisites before taking these courses. Requirements for major standing Admission to major standing in economics requires: 1. Completion of the writing requirement. 2. Completion of the following courses, or their equivalents, with a grade of 2.0 or better in each course 121-122 210 (or 200 and 201 125 (or 200); and 250 (or 240 and 340). 3. Completion of 56 credits or more with a cumulative overall grade point average of 2.00 or better. 4. Approval of an \u2018\u2018Application for Major Standing in Economics.\u2019\u2019 Admission to major standing in economics is required before a student may graduate with a Bachelor of Arts or Bachelor of Science degree with a major in economics. Although 302, 303 and 304 are not required for admission to major standing in economics, students must earn a grade of 2.0 or better in 302, 303 and 304 in order to graduate. Departmental honors Economics majors are eligible for departmental honors if their grade point average in all economics and other courses taken from the School of Business Administration is 3.33 or above. Promising economics students may be invited to join Omicron Delta Epsilon, a national economics honor society. Requirements for a liberal arts minor in economics The economics faculty believes strongly in its role as a provider of education in economics to a broad range of students in other majors. Even moderate contact with the concepts and applications of economics will be valuable to most students. The minor in economics provides recognition to the student who does not want a major in economics but who has taken several courses in the area. 122 (College of Arts and Sciences) The minor in economics consists of a minimum of 18 semester credits in economics courses. Students must take 210 or both 200 and 201 and any prerequisites for these courses. Students must earn at least 12 additional credits in economics (ECN) courses in order to fulfill the credit requirement. This minor is open to all students except economics majors. Students taking 150 before 200 or 201, and who subsequently become economic minors, should talk to the Department of Economics chairperson. Requirements for the secondary teaching minor in economics minimum of 20 credits in economics is required for the secondary teaching minor in economics distributed as follows: 1 200 and 201 2. Four courses (12 credits) with at least one course from each of the following three groupings: a 309 (3 321 (3) b 326 (3 373 (3) c 310 (3 338 (3 367 (3 378 (3 385 (3) In addition 427, Methods of Teaching Secondary Students, is required. Note: The department recommends that students choose 321 or 373. At least 6 credit hours must be taken at Oakland University. Generally, a cumulative grade point average of 3.00 is required in courses for the minor, with no single course grade below 2.0. Second undergraduate degree candidates completing the minor may be required to take additional courses at Oakland University beyond the stated minimums. Students should consult with the chair in the Department of Economics (445 EH) or with the College of Arts and Sciences advising office (221 Varner). Course Offerings The department offers selected courses from this catalog as warranted by student needs and availability of faculty. Specific offerings for each term may be found in the Schedule of Classes. Following is a general description of the economics courses offered 150: An introductory economics course for students not majoring in economics or business. After 150, students may take certain economics courses numbered less than 350 150 satisfies the university general education requirement in the social sciences 200 and 201: Introductory courses for students who intend to major in economics or business or students who desire a more complete understanding of economics. The accelerated course 210, combines the material of 200 and 201 into a single-semester, 6-credit course. Highly motivated and well-prepared students should consider taking 210 instead of 200 and 201 200 and 210 satisfy the university general education requirement in the social sciences 201 satisfies the university ethnic diversity requirement 302-304: These intermediate economic analysis courses are designed for students who intend to major in economics or an area of business. Students may be admitted to these courses if they are pursuing a minor in economics and have met the prerequisites 309-338: Economics electives numbered 309 through 338 are applications of economics that are open to students who have taken 150, 200 or 210 367-385: Economics electives numbered 367 through 385 are intermediate level courses in the applications of economics intended for majors or minors in economics and business. These courses are open to students who have taken 201 or 210 405-490: Economics courses numbered 405 or higher are advanced courses. Enroll- ment in these courses is generally limited to students who have taken 303 (College of Arts and Sciences) 123 detailed description of the following economics courses is given in the School of Business Administration section of this catalog 150 Economics in Today's World (4 200 Principles of Macroeconomics (4 201 Principles of Microeconomics (4 210 Principles of Economics (6 302 Intermediate Macroeconomics (3 303 Managerial Economics (3 304 Consumer Economics (3 309 State and Local Public Finance (3 310 Economics of the Environment (3 321 Financial Markets and the Economy (3 326 International Economic Development (3 333 History of Economic Thought (3 338 Economics of Human Resources (3 367 Economics of Health Care (3 373 International Trade (3 374 Economics of International Finance (3 378 Economic Analysis of Law (3 385 Economics of Industries (3 405 Econometrics (3 409 Urban and Regional Economics (3 418 Seminar in Economic Policy (3 421 Monetary Economics (3 456 Public Finance (3 480 Special Topics in Economics (3 490 Independent Study (1-3) 124 (College of Arts and Sciences 517 (248) 370-2250 Fax: (248) 370-4429 Chairperson: Bruce J. Mann Distinguished professor emerita: Gertrude M. White Professors emeriti: Joseph W. DeMent, Thomas Fitzsimmons, Nigel Hampton, James F. Hoyle, David W. Mascitelli, Donald E. Morse, Joan G. Rosen, William Schwab Distinguished professor: Jane D. Eberwein Professors: Brian A. Connery, Robert T. Eberwein, Edward Haworth Hoeppner, Brian F. Murphy Associate professors: Natalie B. Cole, Kevin T. Grimm, Susan E. Hawkins, Niels Herold, Bruce J. Mann, Jude V. Nixon, Mary A. Papazian, Kathleen A. Pfeiffer Assistant professors: Robert F. Anderson, Gladys Cardiff, Annette M. Gilson, Nancy Joseph, Christopher C. Warley Special instructors: Linda McCloskey, Jimmy T. McClure, Rachel Smydra Lecturers: Winniefred Anthonio, Maureen Dunphy, Colleen Elgee, Matthew D. Ferguson, Frances A. Kranz, Pamela T. Mitzelfeld, Stephen L. Rosenquist Chief adviser: Susan E. Hawkins The Department of English offers courses in British and American literature, introduc- ing students to literary history, genre studies, critical theory and intensive study of major authors. Courses in language, mythology, folklore and film broaden the field of literary inquiry in ways that associate imaginative writing with the other arts, with popular culture and with various academic disciplines. The department also provides frequent opportuni- ties for training in writing: creative writing courses, courses in advanced writing, technical writing, science writing and written assignments for literature courses. By majoring in English, students can enhance appreciation of literary masterpieces, gain critical understanding of imaginative writing and develop sensitivity to the uses of language while developing skills in analysis, research and communication. Such knowledge enriches all aspects of life, while such skills prepare students for careers in law, business, publishing, medical professions, library science, journalism, government and education. The English curriculum is flexible; by seeking regular departmental advice, English students can plan a program leading to many different professional and academic goals. The department encourages its students to balance their programs with such concentra- tions as American studies, environmental studies, film aesthetics and history, women\u2019s studies and computer science, or minors in linguistics, journalism, theatre arts, general business, modern languages and other related fields. Majors from other university programs are welcome in English courses, many of which have no prerequisites. Evening students can complete the English major entirely through night courses. For a description of each semester\u2019s course offerings, students should consult the \u2018\u2018Advising Memo,\u2019\u2019 available in preregistration periods in the department office. Faculty advisers provide specific guidance and help students develop comprehensive educational plans; students should consult their advisers regularly. Listed below are undergraduate programs of study leading to the Bachelor of Arts degree with a major in English, a modified major in English with a linguistics concentration, a liberal arts minor in English and a secondary teaching minor in English. The department offers a program leading to the Master of Arts degree in English; the program and course offerings are described in the Oakland University Graduate Catalog (College of Arts and Sciences) 125 Requirements for the liberal arts major in English, B.A. program minimum of 40 credits in English courses (exclusive of composition courses used to satisfy the writing proficiency requirement), distributed as follows: 1. Eight credits in British literary history selected from 354, 355, 357, 358, 370, 371; or four credits from this group and 4 credits from 311, 315, 316, 369 2. Four credits in American literature selected from 317, 318, 319, 320 3. Four credits in a 400-level seminar (excluding 410, 411, 498 and 499) 4. At least 20 credits must be taken at the 300 level or above 5. At least 20 credits in English courses must be taken at Oakland. In addition, the major requires an introductory two-semester sequence in a foreign language, or one semester of a foreign language at the 115 level or higher. Only one course at the 100 level will be accepted for credit toward the major. No more than 8 credits of 499 will be accepted for credit toward the major. Normally, only 4 credits from study abroad programs will be accepted for credit toward an English major. Only courses in which the student has earned a grade of at least 2.0 may be counted toward the English major or minor. Departmental honors and scholarships Departmental honors may be awarded to graduating English majors for outstanding achieve- ment in English. The department awards two scholarships: the Doris J. Dressler Scholarship to an English major or humanities major (junior year or beyond) demonstrating academic promise and financial need; and the Roger M. and Helen Kyes Scholarship to an outstanding major. Information is available in the department office. The deadline for applications will normally be April 1. Requirements for the modified major in English with a linguistics concentration The modified English/linguistics major requires a minimum of 24 credits in English and American literature, distributed as follows: 1. Eight credits in British literary history selected from 354, 355, 357, 358, 370, 371; or 4 credits from this group and 4 credits from 311, 315, 316, 369 2. Four credits in American literature selected from 317, 318, 319, 320 3. Four credits in a 400-level seminar (excluding 498 and 499) 4. Twenty credits in or courses, including 201, 303, 304, and either 403 or 404 5 376 6. At least 20 of the 44 combined credits must be at the 300 level or above. Requirements for the liberal arts minor in English minimum of 20 credits in English courses are required (exclusive of composition courses used to satisfy the writing proficiency requirement). At least two courses must be taken at the 300 or 400 level. Only one 100 level course will be accepted as part of the minor. Only 4 credits of 499 may apply toward the minor. Normally, only 4 credits from study abroad programs will be accepted for an English minor. At least 12 credits from offerings in English must be taken at Oakland. 126 (College of Arts and Sciences) Requirements for the Secondary Teacher Education Program (STEP): English The Secondary Teacher Education Program (STEP) at Oakland University is an extended program of study leading to certification. Generally, eligibility for admission to requires a of 3.00 in both the major and minor and an overall of 2.80. However, because the number of places available in the program is limited, it is anticipated that successful applicants will have a in English courses of at least 3.40 (including both and transfer credits). No single major or minor course grade may be below 2.0. Second undergraduate degree candidates completing a major and/or minors may be required to complete additional course work at Oakland University beyond the state minimums. Students in this program must complete the requirements for a B.A. degree in the College of Arts and Sciences and concurrently fulfill the requirements listed below: Forty credits in English (at least 20 of which must be taken at Oakland) 1. Four credits in American ethnic literature selected from 112, 341 or 342 2 215 Fundamentals of Grammar or 376 History of the English Language 3 224 American Literature 4 241 British Literature 5. Eight credits in British literary history selected from 354, 355, 356, 357, 358, 370, 371; or 4 credits from this group and four credits selected from 311, 315, 316, 369 315 Shakespeare is recommended.) 6. Four credits in American literature selected from 317, 318, 319, 320 7 398 Approaches to Teaching Literature and Composition 8. Four credits in advanced writing selected from 380, 383, 384, 386 9. Four credits in a 400-level seminar (excluding 499). The following courses are also required: 1 176 The Humanity of Language 2. Four credits in world literature selected from 100, 111, 312 or 100, 181 or 182. 3. An introductory two-semester sequence in a foreign language, or one semester of a foreign language at the 115 level or higher program in must also include a 20-28 hour secondary teaching minor and a sequence of undergraduate course work in education to include 300 345, and 538. Extended study including 428, 455, and 501 is also required. Further details on program admission requirements and procedures can be found in the School of Education and Human Services portion of the catalog and by consulting advisers in the Department of English and the School of Education and Human Services advising office (363 Education and Human Services Building, 248-370-4182). Requirements for the secondary teaching minor in English minimum of 24 credits in English (at least 12 credits of which must be taken at Oakland) is required, distributed as follows: 1. Four credits in American ethnic literature selected from 112, 341 or 342 2 215 Fundamentals of Grammar 3 224 American Literature 4 241 British Literature (College of Arts and Sciences) 127 5 writing course selected from 380, 383, 384, 386 6 398 Approaches to Teaching Literature and Composition Generally, a cumulative grade point average of 3.00 is required in courses included in the minor, with no single course grade below 2.0. Second undergraduate degree candidates completing the minor may be required to take additional courses at Oakland University beyond the stated minimums. Students must consult with the secondary education minor adviser in the department. Course Offerings The department offers selected courses from this catalog as warranted by student needs and availability of faculty. Specific offerings for each term may be found in the Schedule of Classes. Courses on the 100 level are directed to students seeking nontechnical, liberally oriented courses to fulfill general education requirements or for use in minors and particular concentra- tions. Courses on the 200 level offer broad introductions to literary materials and approaches basic to the study of English. Reading is often extensive and the classes are conducted primarily through lecture. Courses on the 300 level offer more intensive investigations into particular areas of English studies. These courses, the core of the program for majors, are open to advanced students according to their special needs and their preparation in related disciplines. Courses on the 400 level apply theory and methods of literary history, criticism and research to writers and to problems presented by specific topics. They are designed for upperclass majors. Graduate courses on the 500 level are open to senior majors by permission of the instructor and the departmental chairperson. Course prerequisites Except where noted, 100- and 200-level courses have no prerequisites. Advanced courses (numbered 300 to 499) have a general prerequisite of writing proficiency, plus any special requirements listed with the course descriptions 100 Masterpieces of World Literature (4 survey acquainting the student with some of the great literature of the world. For students seeking an English elective or a course to satisfy the university general education requirement in literature 105 Shakespeare (4 general introduction to representative dramatic works of Shakespeare. For students seeking an English elective or a course to satisfy the university general education requirement in literature 111 Modern Literature (4 general introduction to modern literature. For students seeking an English elective or a course to satisfy the university general education requirement in literature 112 Literature of Ethnic America (4) Studies in literature about the American ethnic heritage including examples from such sources as African- American, Native American and American immigrant literatures. For students seeking an English elective or a course to satisfy the university general education requirement in literature. Satisfies the university ethnic diversity requirement 200 Topics in Literature and Language (4) Topics or problems selected by the instructor 210 Writing about Literature (4) Designed to help students develop the skills required for the close reading and written analysis of literary texts. Prerequisite 160. 128 (College of Arts and Sciences 215 Fundamentals of Grammar (4 thorough introduction to basic grammatical forms and structures, drawing upon a variety of approaches and models. Prerequisite 160 or equivalent 224 American Literature (4) Introduction to literary analysis and appreciation through readings in the American literary tradition. Emphasis on such authors as Hawthorne, Melville, Dickinson and James. For students seeking an English elective or a course to satisfy the university general education requirement in literature 241 British Literature (4) Introduction to literary analysis and appreciation through readings in the British literary tradition. Emphasis on such authors as Chaucer, Shakespeare and Dickens. For students seeking an English elective or a course to satisfy the university general education requirement in literature 250 Film Literary Approach (4) Exploration of the dramatic and narrative content of classic and modern films, treating such elements as theme, motif, symbol, imagery, structure and characterization, as well as cultural and philosophical implications 300 Special Topics in Literature and Language (4) Special problems or topics selected by the instructor 301 Poetry (4) The major forms of poetic expression studied from generic and historical points of view 302 Cultural Studies (4) The interaction of texts and cultural contexts, studied from diverse perspectives \u2014 aesthetic, economic, historical and technological. Texts may be literary, filmic, televisual, musical, etc 303 Fiction (4) The major forms of narrative fiction (short story, novella, novel) studied from generic and historical points of view. Satisfies the university general education requirement in literature. Prerequisite: Junior standing 304 Studies in Literary Mode (4 major literary mode (such as tragedy, comedy, epic, romance, satire) studied from generic and historical points of view 305 The Bible as Literature (4) Emphasis on the artistic, imaginative and historical aspects of the Bible. Satisfies the university general education requirement in literature. Identical with 311. Prerequisite: Junior standing 306 Drama (4) The major forms of dramatic expression studied from generic and historical points of view. Satisfies the university general education requirement in literature. Prerequisite: Junior standing 307 Modern Drama (4) Studies in English, American and Continental drama since Ibsen 308 Playwriting (4) Creative writing for the theatre, emphasizing fundamentals of scene, character, and dialogue development. Identical with 340 311 Chaucer (4) The major works, with emphasis on The Canterbury Tales and Troilus and Criseyde 312 Classical Mythology (4) The principal Greek and Roman myths and their uses in classical and post-classical art and literature. Satisfies the university general education requirement in literature. Prerequisite: Junior standing (College of Arts and Sciences) 129 313 Myth in Literature (4) Study of the mythic content and/or structure of literature 314 Folklore in Literature (4) Reflection of folk themes, images and structures in British and American literature by authors such as Twain, Faulkner, Hardy and Joyce 315 Shakespeare (4) Reading and discussion of representative plays and poetry 316 Milton (4) His major poetry, with emphasis on Paradise Lost and some attention to his prose 317 Early American Literature (4) Studies in colonial and early national American literature, with emphasis on such writers as Bradstreet, Taylor, Edwards and Franklin 318 American Literature 1820-1865 (4) Studies in American prose and poetry of the pre-Civil War period, with emphasis on such writers as Emerson, Hawthorne, Melville, Thoreau and Whitman 319 American Literature 1865-1920 (4) Studies in American prose and poetry from the Civil War through World War I, with emphasis on such writers as Twain, James and Dickinson 320 American Literature 1920-1950 (4) Studies in American literature of the modern period 324 Issues in American Literature (4) Study of literary works ranging across period and/or genre in their relation to a central issue, theme or problem in American literature. Representative topics are romanticism, the Puritan tradition, American humor and the writer and American society 332 Modern Fiction (4) Studies in fiction of the first half of the 20th century. This course may emphasize British, American or international fiction in any given semester 333 Modern Poetry (4) Studies in poetry since the turn of the century. The course may emphasize American or British in any given semester or discuss international currents in modern poetry 340 Studies in Contemporary Literature (4) Literature since World War II. This course may emphasize a particular theme, genre or nationality 341 Selected Ethnic Literature (4) Reading and critical analysis of representative selections from American ethnic literature. Special attention to groupings such as American-Jewish and Native American at discretion of instructor. Satisfies the university ethnic diversity requirement 342 African American Literature (4) Study of African American literary history, including the evolution of form through slave narrative, sentimental fiction, political protest, to contemporary writing; authors may include Douglass, Jacobs, Chesnutt, Du Bois, Ellison, Petry and Morrison 350 Topics in Film (4) Topic or problem to be selected by the instructor. May be repeated under different subtitle 354 British Medieval Literature (4) Development of Old and Middle English literature to about 1500. Emphasis on the major works from Beowulf to Chaucer and Malory. 130 (College of Arts and Sciences 355 British Literature of the Renaissance (4) Literature from about 1500 to 1660. Emphasis on the development of the sonnet and lyric, drama, prose and epic. Consideration of such major authors as Sidney, Donne, Shakespeare and Milton 357 British Literature from the Victorian Period to the Early 20th Century (4) From the Victorians to the 1920s. Authors may include Bronte, Tennyson, Browning, Dickens, Eliot, Hardy, Arnold, Carlyle, Rossetti, Shaw, Lawrence, Yeats and Woolf 358 British and Postcolonial Literatures of the 20th Century (4) British and anglophonic literature of the 20th century. Authors may include Joyce, Woolf, Eliot, Rhys, Beckett, Rao and Achebe 369 The English Novel (4 study of the origin and development of the English novel from its beginnings to the early twentieth century. Among the novelists to be considered are Fielding, Richardson, Austen, Dickens, Conrad, Lawrence and Joyce 370 British Literature of the Restoration and 18th Century (4) Prose, poetry and drama from 1660 to the Romantic Revolutions. Consideration of such major authors as Dryden, Swift, Pope and Johnson 371 British Literature of the Romantic Period (4) Prose and poetry from the age of Austen, Blake, Wordsworth, Bryon, Shelley and Keats 375 Studies in Modern Literature (4) Literature of the first half of the 20th century. This course may emphasize a particular theme, genre or nationality 376 History of the English Language (4 detailed survey of the English language from its beginning to modern times. Identical with 376 380 Advanced Writing (4) Emphasis on techniques of persuasion including analysis, argument and the study of rhetorical context 381 Science Writing (4) Writing to diverse audiences about scientific and technological subjects in formats such as articles, essays and reports 382 Business Writing (4) Instruction, practice and technique in writing business communications (resumes, letters, memoranda, and reports 383 Workshop in Fiction (4) Creative writing workshop, with emphasis on narrative 384 Workshop in Poetry (4) Creative writing workshop, with emphasis on both traditional and experimental poetic forms 385 Interdisciplinary Issues (4) The relationship of literature and literary study to one or more complementary academic disciplines, such as art, history, religion and the social sciences 386 Workshop in Creative Non-Fiction (4) Creative writing workshop, with emphasis on stories of real life, balancing artistry and accuracy. May include the personal essay, autobiography or travel literature 390 Literary Theory, Ancient to Early 20th Century (4) The development of literary theory, presented as a survey. Applications of theory in critical practice will be considered 391 Literary Theory, Early 20th Century to the Present (4) The development of literary theory, presented as a survey. Applications of theory in critical practice will be considered (College of Arts and Sciences) 131 392 Film Theory and Criticism (4) Study of major critical approaches to film such as those of Eisenstein, Kracauer, Arnheim, Bazin, Sarris and Metz. Prerequisite course in film 398 Approaches to Teaching Literature and Composition (4) Introduction to teaching literature and composition. Topics include the reading and writing processes, adolescent literature, media and the language arts, and spoken language. For students admitted to the secondary education program (STEP). To be taken in the winter semester prior to internship. Prerequisite: Permission of instructor 399 Field Experience in English (4) Field experience in appropriate work position at an approved site, correlated with directed study assignments. In the semester prior to enrollment, the student will plan the internship, in conjunction with the instructor and with the approval of the department chair final analytical paper will be required. May not be repeated for credit. Prerequisite: 16 credits in English of which at least 8 must be at the 300-400 level and permission of instructor 400 Advanced Topics in Literature and Language (4) Advanced topics and problems selected by the instructor. Prerequisite: Four courses in English or permission of instructor 401 Studies in Literary Kinds (4) The study of a single literary kind, whether genre (such as novel, lyric or drama) or mode (such as tragedy or comedy). May be repeated under different subtitle. Prerequisite: Four courses in English or permission of instructor 410 Advanced Workshop in Fiction (4) Creative writing workshop in fiction. Prerequisite 383 and permission of instructor 411 Advanced Workshop in Poetry (4) Creative writing workshop in poetry. Prerequisite 384 and permission of instructor 451 Major American Writers (4) Studies in one or two American writers to be selected by the instructor. May be repeated for credit with different writers. Prerequisite: Four courses in English or permission of instructor 452 Major British Writers (4) Studies in one or two British writers to be selected by the instructor. May be repeated for credit with different writers. Prerequisite: Four courses in English or permission of instructor 453 Studies in Major Authors (4) Intensive study of a selected group of authors: British, American or both. May be repeated for credit with different authors. Prerequisite: Four courses in English or permission of instructor 465 Shakespeare (4) Analysis of four or five of the plays. Prerequisite: Four courses in English or permission of instructor 490 Studies in Literary Theory and Research (4) Designed to acquaint students with the application of tools, techniques, and materials of literary scholarship. Especially recommended for students who intend to pursue graduate studies in English. Prerequisite: Four courses in English or permission of instructor 499 Independent Study (2 or 4 proposed course of study must be submitted to the prospective instructor in the semester before the independent study is to be taken. Only 8 credits of 499 may apply toward the major and only 4 credits may apply toward the minor. May be elected on an basis. Prerequisite: Four courses in English and permission of instructor. 132 (College of Arts and Sciences 378 (248) 370-3510 Fax: (248) 370-3528 Chairperson: Carl R. Osthaus Professors emeriti: Charles W. Akers, V. John Barnard, Leonardas V. Gerulaitis, Robert C. Howes, W. Patrick Strauss, S. Bernard Thomas, Anne H. Tripp, Richard P. Tucker Professors: Linda Benson, Ronald C. Finucane, Mary C. Karasch, Carl R. Osthaus Associate professors: De Witt S. Dykes, Jr., Todd A. Estes, James D. Graham, Roy A. Kotynek, Karen A. J. Miller, Se\u00e1n Farrell Moran Assistant professors: Sara E. Chapman, Daniel J. Clark, Don Matthews, Mark Metzler Chief adviser: Ronald C. Finucane The study of history at the undergraduate level has traditionally been considered one of the major paths to informed and effective citizenship. Its emphasis on broad knowledge, critical reading, careful judgment and precise writing offers excellent preprofessional preparation for many careers in business, government service, law, teaching, the ministry, journalism and library and museum service. The Department of History guides students toward these careers and provides an opportunity to support academic preparation with field experience in the community (e.g., a historical society, museum or private or public agency). Oakland University\u2019s teacher preparation program draws on history in the elementary education major and minor concentrations in social studies and in the secondary teaching major and minor in history. Careers in college teaching and other forms of professional historical scholarship usually require post-graduate training, toward which solid work in the undergraduate major is extremely important. Students interested in achieving a Ph.D. in history should be aware that most graduate schools require demonstrated competence in one or two modern foreign languages. The department\u2019s undergraduate program leads to the Bachelor of Arts degree. It also offers a Master of Arts program which is described in the Oakland University Graduate Catalog. The department offers both undergraduate and graduate evening courses, and students can complete either the B.A. or M.A. entirely at night. All history students should plan their course of study in close consultation with a department adviser. Requirements for the liberal arts major in history, B.A. program The major in history requires a minimum of 44 credits in history courses. There is an appropriate writing component in history courses at all levels. Students must complete the following: 1. At least 8 credits numbered under 300 2. At least 24 credits numbered 300 or above including 300 and: One course in American history One course in European history One course in African, Asian or Latin American history 3. One senior capstone course 494, 495, 496 or 497) is required 4. No more than 12 credits in independent study 391 and 491) may be counted toward the major. 5. At least 20 credits in history courses must be taken at Oakland (College of Arts and Sciences) 133 Secondary Teacher Education Program (STEP): History The Secondary Teacher Education Program (STEP) at Oakland University is an extended program of study leading to certification. Generally, eligibility for admission to the requires a of 3.00 in both the major and minor, and an overall of 2.80. No single major or minor course grade may be below 2.0. Since admission to this program is highly competitive, not all of those who achieve these minimal standards will be admitted. Second undergraduate major or degree candidates completing a major and/or minor may be required to complete additional coursework at Oakland University beyond the stated mini- mums. In any case, all history students interested in the program should consult early and often with the history department\u2019s undergraduate adviser. Students in this program must complete the requirements for a B.A. degree in the College of Arts and Sciences and concurrently fulfill the requirements listed below: 1 minimum of 44 credits including 101, 102, 114, 115 2. At least 24 credits must be numbered 300 or above and must include 300 (must be completed with a minimum grade of 3.0) One course in American history One course in European history One course in African, Asian or Latin American history 3. One senior capstone course 494, 495, 496 or 497) 4. No more than 12 credits in independent study 391 and 491) may be counted toward the major. 5. At least 20 credits in history courses must be taken at Oakland. 6. Concurrently fulfill the requirements listed below: Corequisite courses (24 credits) as follows (these courses, where appropriate, may also satisfy general education, college distribution, or history major distribution requirements): a 100 or 311 b 100 or 100 or 102 c 150 or 302 or 304 d 200 or 301, 322, 323, 361, 362, 366 or 375 e. Two of the following 210, 230, 240, 250 or 270 program in must also include a 20-28 hour secondary teaching minor and a sequence of undergraduate course work in education to include 300 345 538 and 427. Extended study including 428, 455 and 501 is also required. Further details on program and admission requirements and procedures can be found in the School of Education and Human Services portion of the catalog and by consulting advisers in the Department of History and the School of Education and Human Services advising office (363 Education and Human Services Building, 248-370-4182). Departmental honors and scholarships Department honors may be awarded to graduating majors for outstanding achievement in history as evidenced by faculty recommendations, high grades and a superior research paper. The original paper, along with the instructor's comments and grade, should be submitted. There is no statutory grade point minimum for honors, but the award is not normally made to students with less than a 3.50 grade point average in history. Inquiries should be addressed to the Department of History (378 O'Dowd Hall, 248-370-3510). Students are eligible for membership in Alpha Zeta Upsilon, the Oakland University chapter of the international honor society in history, Phi Alpha Theta. Students are selected 134 (College of Arts and Sciences) for membership on the basis of academic achievement. Inquiries should be addressed to the history department office. There is one scholarship, the George T. Matthews Scholarship, specifically for students majoring in history. Junior and senior history majors are eligible for a Holzbock Scholarship. There are five Holzbock scholarships of $2,500 each made annually to students in the humanities. Information about the Matthews and Holzbock scholarships is available in the department office. Requirements for the liberal arts minor in history The liberal arts minor in history requires a minimum of 20 credits in history courses, including 8 credits in courses numbered 300 or above. At least 12 credits in history courses must be taken at Oakland. Requirements for the secondary teaching minor in history The secondary teaching minor in history requires 24 credits in history courses, including 114 and 115; at least 8 credits must be in courses numbered 300 or above. In addition 427, Methods of Teaching Secondary Students, is required. Generally, a cumulative grade point average of 3.00 is required in courses included in the minor, with no single course grade below 2.0. At least 12 credits in history courses must be taken at Oakland. Second undergraduate degree candidates completing the minor may be required to take additional courses at Oakland University beyond the stated minimums. Students must consult with the secondary education minor adviser in the department. Course Offerings The department offers selected courses from this catalog as warranted by student needs and availability of faculty. Specific offerings for each term may be found in the Schedule of Classes. Course prerequisites Introductory and survey courses 101-299) have no prerequisites. More advanced courses 300-399) have a general prerequisite of writing proficiency (e.g 160) plus any special requirements listed within the course descriptions. The most advanced research courses at the undergraduate level 400-499) have a general requirement of 20 credits in history plus any special requirements listed within the course descriptions 101 Introduction to European History before 1715 (4) Surveys the history of Europe from the ancient period through the Middle Ages, Renaissance, Reformation and the Early Modern periods. This course satisfies the university general education requirement in Western civilization 102 Introduction to European History since 1715 (4) Surveys the history of Europe from the Enlightenment to the present. This course satisfies the university general education requirement in Western civilization 114 Introduction to American History before 1877 (4) Surveys American history from colonial times through the Reconstruction era, focusing upon the formation of the United States and the forces promoting unity and division in the new nation. This course satisfies the university ethnic diversity requirement. It also satisfies the university general education requirement in Western civilization 115 Introduction to American History since 1877 (4) Surveys American history from Reconstruction to the present, emphasizing the emergence of the United States as an industrial-urban nation with global interests. This course satisfies the university ethnic diversity requirement. It also satisfies the university general education requirement in Western civilization 210 Science and Technology in Western Culture (4 survey of the development of science from antiquity to the present with reference to its technological consequences and influence upon society. This course satisfies the university general education requirement in Western civilization (College of Arts and Sciences) 135 261 Introduction to Latin American History (4 survey of pre-Colombian and colonial Latin America to 1825, stressing the Hispanization of the society, its socio-economic institutions, the influence of the Enlightenment and the achievement of political independence 262 Introduction to Latin American History (4) Surveys the national period of Latin America from 1825 to the present, emphasizing the problems of nation-building and modernization, the emergence of nationalism and militarism and the roots of social revolutionary ferment 292 History of the African-American People (4) Surveys the African-American experience from the African background through the Civil War and post- Civil War periods to the present. This course satisfies the university ethnic diversity requirement. It also satisfies the university general education requirement in Western civilization 300 Seminar in Historical Research (4) The development of critical judgment regarding the nature and use of historical evidence: historiographi- cal readings, library investigation into specific topics within a general historical subject, a research paper and a presentation of the paper to the seminar. Prerequisite: One history course, and history major or permission of instructor 301 History of American Cities (4) History of American cities from pre-industrial America to the present, emphasizing the effect of such forces as industrialization, immigration, migration, trade, economic patterns and transportation upon city organization and life. Satisfies the university ethnic diversity requirement 302 American Labor History (4) The economic, social and political history of the American work force with emphasis on the history of organized labor 304 History of the American Industrial Economy and Society (4) The development of the American industrial system and its impact on business organization, labor, government and the international economy 305 History of American Mass Media (4) The establishment and growth of mass communication in the United States, focusing on the development of print, film, radio and television and their impact on society and popular culture 306 U.S. Colonial History (4) Examines the major themes and developments of the Colonial period with an emphasis on regional settlement and development patterns, political and social growth, and the maturation of the colonies 308 The American Revolution (4) Considers the broad social and political movements leading to the Revolution as well as the many different meanings and interpretations of the event, and the immediate and long-term effects of legacies of the Revolution 309 The U.S. Early National Period, 1787-1815 (4) Examines the political and social development of the new nation from the constitution through the end of the War of 1812 310 Jacksonian America (4) Examines the chief political, social, cultural, economic, and religious developments from the War of 1812 to the end of the Mexican War 311 The Development of Political Practices in Early America (4) The development of politics and political culture in the U.S. from the Colonial period through the Age of Jackson. Emphasis will be placed on defining, recognizing and understanding political culture, and the variations in political development and practices by region and social class. 136 (College of Arts and Sciences 312 The Civil War and Reconstruction, 1850-1876 (4) The origins of secession, the wartime problems of the Union and the Confederacy, the principal military campaigns, the Reconstruction era and the creation of a new union, and the significance of the Civil War and Reconstruction in American history. Satisfies the university ethnic diversity requirement 313 American History, 1876-1900 (4) The New South, industrial consolidation, the origins of the modern labor movement, the rise of the city, immigration, agrarian protest movements, the businessman\u2019s philosophy and the challenge to laissez-faire 314 American History, 1900-1928 (4) Social, political and economic developments in the U.S. during the progressive era and the decade of the 1920s 315 American History, 1928-1945 (4 history of the Great Depression and World War II. Topics will include the One Hundred Days, the foundation of the modern welfare state, the foundation of the modern civil rights movement, the reorganization of American corporate enterprise and the role of the United States in international peacekeeping. Satisfies the university ethnic diversity requirement 316 The American Mind to 1861 (4) The history of American thought from the colonial period to the Civil War, emphasizing Puritanism, evangelical religion, the Enlightenment, republicanism, democracy and sectional conflict 317 The American Mind since 1861 (4) Major intellectual trends in the United States from the Civil War to the 1970s, including the conflict between nationalism and localism, the impact of evolutionism, and responses to the challenges of modernity, inequality, global involvement and war 319 History of the American South (4) The South from colonial times to the 1960s, emphasizing the transition from the agrarian, slave South of the antebellum period to the modern South of the 20th century. This course satisfies the university ethnic diversity requirement 320 Cold War America, 1945-1990 (4) The origins of the Cold War, its impact on American foreign relations and domestic politics, its decline and demise 321 History of American Foreign Relations in the Twentieth Century (4) American foreign policy and diplomacy from the Spanish-American War to the present, including American imperialism, Caribbean and Far Eastern policies, involvement in the world wars and the Cold War, and nuclear diplomacy 322 Women in Modern America (4) An analysis of the role of women in industrial America which will examine the legal role of women, their presence in the labor force, and their participation in the political system. Satisfies the university ethnic diversity requirement. Identical with 322 323 The Civil Rights Movement in America (4) Surveys the system of racial segregation and discrimination established in the 19th century and the contribution of 20th century civil rights organizations to fight racial discrimination. World War and the mass action movements of the 1950s and the 1960s will receive significant attention. Satisfies the university ethnic diversity requirement 324 Ancient Greece and Rome (4) An overview of the various intellectual, political and cultural legacies of ancient Greece and Rome, ranging in aspect from Homeric warfare, the mysteries of Dionysus and Delphi, Platonic and Aristo- telian inquiry, Hellenic artistic ideals and Athenian democracy, to Roman legalism and jurisprudence, ideologies of imperial political control and Christianity. Prerequisite 101 or equivalent 325 Medieval Europe, 300-1100 (4) Examines the foundations of medieval Europe, including the Roman, Germanic and Christian roots; Charlemagne's Europe; cultural developments and the Church; the first crusade. Prerequisite 101 recommended (College of Arts and Sciences) 137 326 The Italian Renaissance (4) The European Renaissance period, with emphasis on the Italian experience 327 The Reformation (4) European humanism, with emphasis on the Lowlands, France and Germany; the background, develop- ment and impact of the Protestant Reformation 328 Medieval Europe 1100-1500 (4) Examines Medieval Europe at the height of its socio-cultural development; the papacy; royal and imperial administration; the disturbed final centuries of war and plague. Prerequisite 101 recommended 329 Europe in the Seventeenth Century (4 comparative analysis of European societies: the articulation of absolutism and constitutionalism, the emergence of the European states system, the origins and impact of modern science, the culture of the baroque and the development of commercial capitalism 330 England, 1066-1485 (4) Emphasizes the history of England between the Conquest and the Tudors, including cultural and social trends as well as political and dynastic developments and conflicts, domestic and foreign. Prerequisite 101 recommended 334 Britain, 1815-1911 (4 consideration of the political, cultural, social and intellectual life of the British peoples from the passage of the Corn Laws to the Parliament Act of 1911 335 Britain 1911 to Present (4) An analysis of British political, cultural and social history from the eve of World War to the present 337 Ireland, Prehistory to 1691 (4) Ireland from its prehistory until the Battle of the Boyne emphasizing the development of indigenous Irish culture and institutions. Topics include the Celts and Gaelic society, early Irish Christianity, the Vikings, Anglo-Norman intervention, Gaelic resurgence and the Geraldines, the Tudor conquest, Ulster planta- tion and Jacobite resistance 338 Ireland, 1691 to Present (4) Modern Ireland from the Williamite wars to contemporary Ireland. Emphasis on the question of Irish national identity. Topics include colonial Ireland, revolution and the union, Catholic emancipation, the Great Famine, nationalism and republicanism, 1916, forging the new state and society and the North 339 Women in Early Modern Europe, 1500-1789 (4) Assesses women\u2019s contributions to the changes and events of early modern Europe, examines women in the private and public spheres, and explores the dynamic of gender in studying the impact of women on politics, the economy, literacy and culture, and religious practices and beliefs. Identical with 339 340 Scotland: 1689 to Present (4) History of the Scottish nation from the revolution of 1689 to the present. Special attention will be given to the interaction of cultural, political and social developments, and the emergence of a self-conscious separate national identity 341 Europe since 1914 (4) An analysis of Europe in world perspective since World War 342 Society and Culture in Early Modern Europe (4) The lives of common men and women in early modern Europe. Topics include family and work, sexuality and gender, religion and folklore, riots and rebellion, printing and literacy 343 Germany since 1740 (4) German politics, society and diplomacy from Frederick the Great to the present. 138 (College of Arts and Sciences 344 Modern Italy: National Unification and the 20th Century (4) An examination, stressing political and institutional history, of early efforts to create Italian national unity, the means by which Italy was held together following unification of 1861, and the fate of the Republic from 1946 onward 345 France since 1789 (4) French politics, society and international relations from the Great Revolution to the present 347 The French Revolution (4) Survey of the revolutionary era in France beginning with the reign of Louis (1774) and ending with the Battle of Waterloo (1815). Course will examine the origins, development and impact of the French Revolution with an emphasis on topics in political and cultural history 348 Europe in the Eighteenth Century (4 comparative analysis of European societies: the old regime in Europe, beginnings of industrial development, the Enlightenment as a political and social movement, reform under the monarchy and the emergence of democratic ideologies, and the French Revolution 349 France in the Age of Absolutism and Enlightenment (4) The ancien regime in France from the end of the wars of religion to the beginning of the Revolution (1589- 1789 350 The European Mind to 1700 (4) Major developments in European thought from the God-oriented world views of the Middle Ages to the development of scientific concepts in the 17th century. Emphasis is on reading original materials 351 European Thought and Ideology, 1797 to Present (4 topical and thematic history of modern European thought and ideology: romanticism; liberalism and progress; science and technology; socialism; conservatism, pessimism, and the \u201crevolt against reason\u201d; fin de si\u00e8cle culture; the effects of the Great War; fascism, genocide and totalitarianism; and religious and existentialist thought. Prerequisite 102 or equivalent or permission of instructor 354 History of Modern Russia (4) The historical development of Russia from its roots to the present. Special emphasis will be placed on events after World War and the perestroika 355 Eastern European History (4) The historical development of the peoples and states of Eastern Europe and the Balkans from the Middle Ages to the present will be examined in broad outline 356 The Modern Middle East (4) Covers the major themes in Middle East history since 1800 including Orientalism, imperialism, nationalism, liberal movements, gender relations, and the emergence of the Islamic movements 357 The Arab-Israeli Conflict (4) Examines the origins and development of the Arab-Israeli conflict, the emergence of a peace process, and the collapse of that process, focusing primarily on the development of Israeli and Palestinian political identities and institutions 358 The Cold War in the Middle East (4) Examines conflict and peace making in the Middle East in the context of the Cold War, especially decolonization, nationalism, and revolution as these issues were affected by U.S. - Soviet rivalry 360 American Cultural Rebels (4 history of twentieth-century cultural avant-gardism and its impact on American society. Emphasis on the Lyrical Left of the 1910s, the Lost Generation of the 1920s, and the more contemporary Beats and Hippies 361 History of American Families (4) History of American families as social institutions, emphasizing the impact of historical events and trends upon family composition, family functions and family life. Includes research in the student\u2019s personal family history. Satisfies the university ethnic diversity requirement. Identical with 361 (College of Arts and Sciences) 139 362 History of African-American Women (4) Covers the collective and individual experiences of African-American women from slavery to the present, including the quality of family life, economic roles, and their activities in women\u2019s, civil rights and political organizations. Satisfies the university ethnic diversity requirement. Identical with 362 363 History of Southern South America (4) The social, political and economic history of Argentina, Brazil and Chile in the 19th and 20th centuries; expansion and Indian warfare; slavery and Empire in Brazil; regionalism and nationalism; industrialization and urbanization; and international relations 366 Slavery and Race Relations in the New World (4 comparative approach to the study of slavery in North America, Latin America and the Caribbean and to present race relations in these areas. Satisfies the university ethnic diversity requirement 367 History of Mexico (4) The scope and achievements of pre-Colombian civilizations, the Spanish Conquest, the emergence of a multiracial society, the achievement of political independence and nation-building in the 20th century. Satisfies the university ethnic diversity requirement 370 Origins of Modern Japan, 1568-1912 (4) Japan from the \u201clate feudalism\u201d of the Tokugawa period through the first phase of Western-style modernization in the Meiji period. Themes include the perfection and decay of the samurai state, the Meiji revolution, nationalism, imperialism and movements for social and political democracy 371 Twentieth-Century Japan (4) Japan since the Meiji period: the Taisho democracy movement, the changing position of women, fascism and militarism, total war, the American occupation and the rise to economic superpower status 372 The Political Economy of Japan (4) Japan\u2019s economic development since 1600: merchant versus samurai, the opening to world trade, industrial revolution, the war economy, the \u201cJapanese miracle,\u201d and the ongoing aftermath of the stock-market collapse. Special attention to the subjective experiences of the men and women who built Japan\u2019s unique economic achievements 373 China's Last Dynasty: The Qing, 1644-1911 (4) History of China\u2019s last great dynasty from its founding by the Manchus in 1644 through its powerful early emperors to its final collapse in 1911. Course includes discussion of traditional Chinese culture and institutions, territorial expansion, the Opium Wars and the 19th century revolutionary movement 374 China in Revolution, 1911-1949 (4) China's 20th century revolutionary experience, focusing on the 1911, 1928 and 1949 revolutions. Topics include the struggle between China\u2019s two revolutionary parties, the Nationalists and Communists; social change under the Republic; World War in Asia; and the civil war that brought the Chinese Communist Party to power in 1949 375 Women in China 1600-1900 (4) The history of women's changing position in modern China, including a survey of women\u2019s status in traditional Chinese society under the Qing (1644-1911), women as contributors to modernization in China during the revolutionary period (1912-1949), and their struggle for equality since 1949. Identical with 375 376 Contemporary China: The People\u2019s Republic from 1949 to the Present (4) History of contemporary China from the 1949 revolution to the present, focusing on major social and political issues facing the Chinese Communist Party and attempted solutions. Topics include economic, political and social change and the 1980s era of reform 377 China and Inner Asia (4) China\u2019s historical relations with Inner Asia: Chinese policy toward steppe empires north of the Great Wall including nomadic Xiongnu, Turks, early Tibetans, and Mongolians. Emergence of modern Inner Asian peoples such as the Uyghurs, Kazaks, and Manchus, and the role of Inner Asia in shaping modern China. 140 (College of Arts and Sciences 380 Technology and Culture (4) Explores the history and relationship between technology and artistic creativity. Key themes include interaction of travel and landscape, relationship between aircraft and modern art, and the representation of technology in film 381 History of India (4) The evolution of politics, social structure and the economy of India, from early Hindu Kingdoms through Muslim conquests and British colonialism to the era of independence since 1947 382 History of Transportation Since 1800 (4) Explores the history of transportation in the United States and Europe in the 19th and 20th centuries. Key themes include the geographical unification of the United States with the railroads, the demise of public transportation, and the benefits and problems of our current car culture. No engineering knowledge necessary 383 Information Technologies from 1500 (4) Topics include printing with moveable types, telegraphy, telephones, sound recording, and the Internet. Emphasis is on the social context and meaning of these communication devices. No engineering knowledge necessary 384 Global Environmental History (4) Examines the way humans have shaped, used, and misused the environment. Topics range from the Neolithic Revolution to the Industrial Revolution and the rise of conservationism and ecology. Identical with 384 385 Ancient Egypt and Africa (4 cultural history of ancient African civilizations, focusing primarily on Egyptian national culture from its beginnings (c. 3100 B.C.E.) until the Islamic Age (c. 640). Introduces ancient arts and religions from Kush, Ethiopia, Carthage and Roman Africa, culminating in the contributions that Africans like St. Augustine made to the growth of early Christianity 386 African History since 1900 (4 socio-cultural and political history of 20th-century Africa, focusing particularly on social change, nationalist leaders and constructive critics in such modern nations as Ghana, Senegal, Kenya and Tanzania 387 History of South Africa (4 regional introduction to historical trends in the development of ethnic conflicts, economic classes, political ideologies and family relationships in South Africa since 1500, with special emphasis on the development of apartheid 388 African Cultural History (4 cultural history of medieval and early modern Africa (c. 640-1900), beginning with such Islamic civilizations as Egypt and Mali. Explores how indigenous cultural traditions in such nations as Mali, Benin and Asante (Ashanti) guided the historic development of West African national cultures. Includes historic cultures from East and Central Africa 390 Selected Topics in History (4) For majors and non-majors. Topics vary from year to year. May be repeated for additional credit 391 Directed Readings in History (2, 4 or 8) Independent but directed readings for juniors and seniors interested in fields of history in which advanced courses are not available. Offered each semester. Prerequisite: Permission of instructor 392 Working Detroit (4) Explores the history of 20th-century Detroit from the perspectives of its workers and unions. Key themes include immigration and ethnic diversity, the rise of mass production, the union movement, race relations, gender and the labor force, the postwar boom, and de-industrialization (College of Arts and Sciences) 141 393 Oral History (4) Explores the complexities of a methodology widely used in historical research: interviewing people to learn about the past. Students will design their own oral history projects and conduct their own interviews 399 Field Experience in History (4) Field experience in history, with faculty supervision that incorporates student performance in an occupational setting. May not be repeated for credit. Prerequisite: 24 credits in history, of which at least 8 must be at the 300-400 level 491 Directed Research in History (4, 8 or 12) Directed individual research for advanced history majors. Offered each semester. Prerequisite: Permission of instructor and 300 494 Special Topics in Cross-Cultural History (4) In this capstone course students investigate topics in cross-cultural history in a seminar setting. Under the guidance of the faculty leader substantive issues, research techniques and historiographical problems will be considered as the student prepares a research paper to be submitted at the conclusion of the course. Topics vary. Prerequisite: Senior standing or permission of instructor 300 495 Special Topics in European History (4) In this capstone course students investigate topics in European history in a seminar setting. Under the guidance of the faculty leader, substantive issues, research techniques and historiographical problems will be considered as the student prepares a research paper to be submitted at the conclusion of the course. Topics vary. Prerequisite: Senior standing or permission of instructor 300 496 Special Topics in World Civilization (4) In this capstone course students investigate topics in world civilizations in a seminar setting. Under the guidance of the faculty leader, substantive issues, research techniques and historiographical problems will be considered as the student prepares a research paper to be submitted at the conclusion of the course. Topics vary. Prerequisite: Senior standing or permission of instructor 300 497 Special Topics in American History (4) In this capstone course students investigate topics in American history in a seminar setting. Under the guidance of the faculty leader, substantive issues, research techniques and historiographical problems will be considered as the student prepares a research paper to be submitted at the conclusion of the course. Topics vary. Prerequisite: Senior standing or permission of instructor 300. 142 430 (248) 370-2154 Fax: (248) 370-4208 Interim director: William Macauley (Associate Dean) International Studies Executive Committee: Bonnie F. Abiko (Art and History), Peter J. Bertocci (Sociology and Anthropology), Carlo Coppola (Modern Languages and Literatures), Vincent B. Khapoya (Political Science), Paul J. Kubicek (Political Science), Estela Moreno-Mazzoli (Modern Languages and Literatures), Richard B. Stamps (Sociology and Anthropology) Drawing on faculty from various disciplines, the College of Arts and Sciences sponsors a distinctive offering of international studies programs. International studies involves the examination of living world civilizations (with the exception of those of Western Europe and North America) from an interdisciplinary point of view. The various aspects of these civilizations \u2014 art, government, history, language, literature, music, religion and social organization \u2014 are studied in the traditional departments of the university major in one of these areas might be considered by a student who, from intellectual curiosity or from career choice, seeks an integrated view of a civilization. Career opportunities in international studies include business and industries with international dimensions, inter- national agencies and foundations, government service, translation, journalism, teaching and graduate study. The college offers majors in African and African-American studies, East Asian studies (China and Japan), South Asian studies (India, Pakistan and Bangladesh), Slavic studies (Russia and Eastern Europe) and Latin American studies. Minors in these areas are also offered. Courses labeled are described in this section. All other courses applicable to international studies programs are offered by individual college departments; descriptions of those courses can be found in respective departmental listings. Requirements for the liberal arts majors in international studies, B.A. programs The international studies majors consist of a minimum of 40 credits, of which 28 credits must be taken in the primary area (African and African-American studies, East Asian studies, South Asian studies, Slavic studies or Latin American studies); 12 credits in a complementary area of study; and language proficiency equivalent to 8 credits of work at the third year of study in an appropriate language. Language courses at the 100 and 200 level do not count toward the total number of credits for the major. The complementary area of study ordinarily consists of the appropriate introductory course and two additional courses appropriate to the area, which may be either international studies courses or departmental courses. Duplication of course credit in the primary and complementary areas is not permitted. However, majors may apply their introductory course to both their major and general education requirement in international studies. Departmental honors Honors are available to outstanding students in the majors of 3.60 or higher in courses credited to the major is required. Because basic language courses at the 100 and 200 143 level are not counted toward the total number of credits for the major, such courses may not be figured into the for departmental honors. Qualified students may apply for honors at the start of the semester in which they will graduate. For more specific information, students should contact Center for International Programs (430 Wilson Hall, 248-370-2154). Requirements for the liberal arts minors in international studies Minors in international studies consist of a minimum of 20 credits in a single world of study distributed as follows: appropriate introductory course, appropriate special topics course, appropriate seminar and 8 additional credits chosen from the appropriate program offerings. African and African-American studies, B.A. program Coordinator: Vincent B. Khapoya (Political Science) Faculty: De Witt S. Dykes, Jr. (History), James D. Graham (History), Mary C. Karasch (History) Course requirements for the major in African and African-American studies include 230 and 292 plus 20 additional credits drawn from the following list of courses 305, 352 342 323, 362, 366, 385, 386, 387, 388 380, 384 336, 338 203, 333, and 331. The additional 12 credits for the complementary area of study may be taken in either Latin American or Islamic civilization. The appropriate language is either French or Spanish. Students may also submit three years of transferred course work or equivalent proficiency in an African language or in Arabic. East Asian studies, B.A. program Coordinator: Richard B. Stamps (Sociology and Anthropology) Faculty: Bonnie F. Abiko (Art and Art History), Sheldon L. Appleton (Political Science), Linda Benson (History), Mark Metzler (History), Seigo Nakao (Modern Languages and Literatures) Course requirements for the major in Chinese studies include 210 plus 24 additional credits drawn from the following list of courses 104, 304 362 373, 374, 375, 376, 377 381 100 350, and 377. The additional 12 credits for the complementary area of study may be taken in either Japanese or South Asian studies. The appropriate language is Chinese. As Chinese is currently offered only at the 100 and 200 level at Oakland University, students in the East Asian Studies-Chinese major may study one year of Japanese to fulfill their third year language requirement. Transfer credits at the third year level in Chinese may also be used to fulfill this requirement. The third year Chinese requirement may also be fulfilled by taking 390 at the Foreign Affairs College in Beijing. The Center for International Programs periodically sponsors summer study tours to China. Course requirements for the major in Japanese studies include 220 plus 24 credits drawn from the following list of courses 104, 301 370, 371, 372, 375 361-362 or 365-366, 381 100, and 350. The additional 12 credits for the complementary area of study may be taken in either Chinese or South Asian studies. The appropriate language is Japanese. Students wishing to study in Japan may do so through an exchange program between Oak- land University and Nanzan University, Nagoya, Japan, and the Japan Center for Michigan Universities, Hikone, Shiga, Japan. See Study Abroad Opportunities. 144 South Asian studies, B.A. program Coordinator: Peter J. Bertocci (Sociology and Anthropology) Faculty: Carlo Coppola (Modern Languages and Literatures) Course requirements for the major in South Asian studies include 240 plus 24 additional credits drawn from the following courses 104, 302, 310 361 377, 381 382 100 350, 352, and 334. The appropriate language is Hindi-Urdu. The additional 12 credits for the complementary area may be taken in Chinese, Japanese or Islamic studies. Slavic studies, B.A. program Coordinator: Paul J. Kubicek (Political Science) Faculty: Weldon C. Matthews (History) Course requirements for the major in Slavic studies include 260 plus an additional 24 credits drawn from the following courses 354, 355, 356, 357, 358 383 337 and 377. The appropriate language is Russian. The additional 12 credits for the complementary area may be taken in Chinese, Japanese or Islamic studies. Latin American studies, B.A. program Coordinator: Estela Moreno-Mazzoli (Modern Languages and Literatures) Faculty: Mary C. Karasch (History), John Paul Spicer-Escalante (Spanish) Course requirements for the major in Latin American studies include 250 plus 24 additional credits drawn from the following courses 309 370, 371, 372 261, 262, 363, 366, 367 385, and 335. The 12 credits for the complementary area must be taken in African and African-American studies. The appropriate language is Spanish. Other course work for the liberal arts majors in international studies, B.A. programs Provided that the specific course topic to be studied in any given semester is consistent with their chosen major, students may also offer the following courses for major credit 490 300, 390, 490 251 and 375. To be sure that course work in any of these courses will be counted toward their major, students must obtain the approval of the director or faculty adviser in the Center for International Programs before enrolling in them. Finally, all course work taken in the relevant language at the 300 level or above will count toward fulfillment of major requirements. Study Abroad Opportunities The Center for International Programs offers the following study abroad opportunities: Student Exchange Program, Nanzan University, Nagoya, Japan. Two-semester program. One year of Japanese language required. Courses taught in English. Housing with Japanese family. Coordinator: Bonnie Abiko, Department of Art and Art History, 321 Wilson Hall, (248) 370- 3382 or messages at 248-370-2154. Japan Center for Michigan Universities, Hikone, Shiga, Japan. Two-semester program. No language proficiency required. Courses taught in English. Housing in Center\u2019s dormitory. Coordinator: Bonnie Abiko, Department of Art and Art History, 321 Wilson Hall, Oakland University, (248) 370-3382 145 Vienna Study Abroad Program. One-semester and two-semester program. No language proficiency required. Courses taught in English. Housing with Viennese family. Interim coordinator: William Macauley, Center for International Programs, 430 Wilson Hall, (248) 370-2154. Macerata and Siena, Italy, Study Abroad Program. One-semester and two-semester program. No language proficiency required. Courses taught in English. Housing with Italian family. Interim coordinator: William Macauley, Center for International Programs, 430 Wilson Hall, (248) 370- 2154. Segovia, Spain, Study Abroad Program. Fall, winter, or summer program. Two years of college- level Spanish required. Courses taught in Spanish. Housing with Spanish family. Interim coordinator: William Macauley, Center for International Programs, 430 Wilson Hall, (248) 370-2154. Student Exchange Program, University of Orl\u00e9ans, Orl\u00e9ans, France. One-semester or two- semester program. Two years of college-level French required. Courses taught in French. Housing prior to start of class and holidays with a French family; otherwise, in university dormitory. Coordinator: Stacey L. Hahn, Department of Modern Languages and Literatures, 419 Wilson Hall, (248) 370-2062 or messages at 370-2060. Offered in cooperation with the Department of Modern Languages and Literatures. Student Exchange Program, University of Oldenburg, Oldenburg, Germany. One-semester or two-semester program. Two years of college-level German required. Courses taught in German. Housing in university dormitory, shared flat with other students, or room in private house near University Buddy Program with German students. Unpaid internships made available within the University of Oldenburg. Coordinators: Barbara Mabee and Christopher Clason, Department of Modern Languages and Literatures, 418 Wilson, (248) 370-2099 or messages at 370-2060. Chinese Language and Culture Spring Immersion Program at the Foreign Affairs College, Beijing. Intensive 6-week language and culture study in May and June. One year of university-level Chinese recommended. Courses taught in Chinese. Culmination of program is a one-week tour of historic sites in northern and Southern China. Housing in college\u2019s international guest house/dorminatory on campus. Coordinators: Barbara Mabee, Department of Modern Languages and Literatures, 418 Wilson Hall, (248) 370-2099 and Richard Stamps, Department of Sociology and Anthropology, 518 Varner Hall, (248) 370-2425. British Studies at Corpus Christi College, Oxford University, Oxford, England. Two three-week summer sessions. No language proficiency required. Courses taught in English. Housing in college\u2019s private rooms. Coordinator: Margaret B. Pigott, Department of Rhetoric, Communi- cation and Journalism, 322 Wilson Hall, (248) 370-4131 or messages at 370-2154. For specifics about any of these programs (minimum requirement, if any, course offerings, costs, faculty and other eligibility requirements), the student should contact the individual program coordinator. For additional information about other study abroad opportu- nities, see the Department of Modern Languages and Literatures. Course Offerings The department offers selected courses from this catalog as warranted by student needs and availability of faculty. Specific offerings for each term may be found in the Schedule of Classes 200 Global Human Systems (4) Provides an introductory survey of the worldwide distribution, variation and interconnections of cultural, economic and political systems. Basic concepts in the field of human geography and other social sciences, as relevant, will also be introduced. Identical with 200 and 200 210 Introduction to China (4) An interdisciplinary study of the peoples of China and their traditional and modern civilizations. Satisfies the university general education requirement in international studies. Identical with 210. 146 220 Introduction to Japan (4) An interdisciplinary study of the peoples of Japan and their traditional and modern civilizations. Satisfies the university general education requirement in international studies. Identical with 220 230 Introduction to Africa (4) An interdisciplinary study of the peoples of Africa and their traditional and modern civilizations. Satisfies the university general education requirement in international studies. Identical with 230 240 Introduction to India (4) An interdisciplinary study of the peoples of India and their traditional and modern civilizations. Satisfies the university general education requirement in international studies 250 Introduction to Latin America (4) An interdisciplinary study of the peoples of Latin America and their traditional and modern civilizations. Satisfies the university general education requirement in international studies. Identical with 250 260 Introduction to Russia and Eastern Europe (4) An interdisciplinary study of the peoples of Russia and Eastern Europe and their traditional and modern civilizations. Satisfies the university general education requirement in international studies 270 Introduction to the Middle East (4) An interdisciplinary study of the peoples of the Middle East and their traditional and modern civilizations. Satisfies the university general education requirement in international studies. Identical with 270 300 Special Topics in International Studies (4) Interdisciplinary study of a foreign area for which no regular course offerings exist. May be repeated once for a total of 8 credits. Prerequisite: Appropriate introductory course 361-362 Japan Exchange Program (16-18 each) Course work is taken at Nanzan University in Nagoya, Japan, and includes Japanese language study and additional appropriate courses with English as the language of instruction 363-364 Japan Exchange Program (16-18 each) Course work is taken at Nanzan University in Nagoya, Japan, and includes Japanese language study and additional appropriate courses with English as the language of instruction. Second year 365-366 Japan Program: Shiga (4-18 each) Course work is taken at the Japan Center for Michigan Universities, Shiga, Japan, and includes Japanese language study and additional appropriate courses with English as the language of instruction 367-368 Japan Program: Shiga (4-18 each) Course work is taken at the Japan Center for Michigan Universities, Shiga, Japan, and includes Japanese language study and additional appropriate courses with English as the language of instruction. Second year 370 France Exchange Program: Language (4) Course is taught at the University of Orl\u00e9ans in France and includes the study of French grammar. French is the language of instruction. Fall semester. Prerequisite: Permission of program coordinator 371 France Exchange Program: Literature (4) Course is taught at the University of Orl\u00e9ans in France and includes the study of French literature. French is the language of instruction. Fall semester. Prerequisite: Permission of program coordinator 372 France Exchange Program: Conversation, Comprehension, Writing (4) Course is taught at the University of Orl\u00e9ans in France and includes French conversation, comprehension and writing. French is the language of instruction. Fall semester. Prerequisite: Permission of program coordinator 147 373 France Exchange Program: Civilization (4) Course is taught at the University of Orl\u00e9ans in France and includes French history, geography and contemporary civilization. French is the language of instruction. Fall semester. Prerequisite: Permission of program coordinator 470 France Exchange Program: Language (4) Course is taught at the University of Orl\u00e9ans in France and includes the study of French grammar. French is the language of instruction. Winter semester. Prerequisite: Permission of program coordinator 471 France Exchange Program: Literature (4) Course is taught at the University of Orl\u00e9ans in France and includes the study of French literature. French is the language of instruction. Winter semester. Prerequisite: Permission of program coordinator 472 France Exchange Program: Conversation, Comprehension, Writing (4) Course is taught at the University of Orl\u00e9ans in France and includes the study of French conversation, comprehension and writing. French is the language of instruction. Winter semester. Prerequisite: Permission of program coordinator 473 France Exchange Program: Civilization (4) Course is taught at the University of Orl\u00e9ans in France and includes the study of French history, geography and contemporary civilization. French is the language of instruction. Winter semester. Prerequisite: Permission of program coordinator 380-385 Seminars (4) Selected topics dealing with a specified area, to supplement departmental area courses. Students enroll under the number corresponding to a specific area. May be repeated once for a total of 8 credits. Prerequisite: Senior standing and permission of instructor 380 Seminar in African-American Studies 381 Seminar in East Asian Studies 382 Seminar in South Asian Studies 383 Seminar in Russian and Eastern European Studies 384 Seminar in African Studies 385 Seminar in Latin American Studies 386 Slavic Folk Studies (2) An intensive survey of the traditional music, songs, dances and costumes of selected Slavic cultures. Includes participation in the Slavic Folk Ensemble. May be repeated once for a total of 4 credits. Graded 390 Directed Readings in International Studies (2, 4, 6 or 8) Readings from diverse disciplines with focus on a student\u2019s area of specialization. Conducted as a tutorial by an instructor chosen by the student. Prerequisite: Appropriate introductory course and permission of program chairperson and instructor 490 Directed Research in International Studies (2, 4, 6 or 8) Research relating to area of specialization including a senior essay or research paper. Supervised by an international studies instructor. Prerequisite: Senior standing and permission of program chairperson and instructor. 148 (College of Arts and Sciences 320 (248) 370-2175 Fax: (248) 370-3144 Chairperson: Peter J. Binkert Professors emeriti: Daniel H. Fullmer, William Schwab Professor: Peter J. Binkert (Linguistics, Classics) Associate professor: Michael B. Smith Assistant professors: Madelyn J. Kissock, Samuel Rosenthall Associated faculty: Professors Carlo Coppola (Modern Languages and Literatures, Linguistics), Alice S. Horning (Rhetoric, Communication and Journalism; Linguistics) Chief adviser: Samuel Rosenthall It is hard to imagine spending one waking moment without language. Whether we are alone or among other people, whether we dream or daydream, whether we write poetry, follow a recipe, cheer for the home team, speak or sing, language is involved. All normal children acquire a native language, no matter where they are born, what the language is or what their home life is like. People who are deaf have language; so do those who are blind, mute, completely paralyzed, mentally retarded or emotionally disturbed. Language can be disrupted by injury or disease, processed by machines, altered for special occasions and exploited for ulterior motives. Despite this extraordinary presence, versatility and variability, every human language, whether Old English or Modern Japanese, shares universal features. Linguistics is the discipline that studies such matters concerning language. Because language is so pervasive and so peculiarly human, students of linguistics find careers in many different areas. Some, such as teachers, computer scientists and speech therapists, use linguistics directly; others, such as market analysts, editors and advertising executives, use it indirectly. Still others use their undergraduate major in linguistics as a springboard to careers in law, education, business, artificial intelligence and international relations, as well as graduate study in linguistics and other fields. Requirements for the liberal arts major in linguistics, B.A. program To earn a liberal arts major in linguistics, students must complete: 1 minimum of 28 credits including: a 201 b 302 or 307 c 303 and 304 d 403 or 404 e. Eight credits of 300-400 level or courses 2. At least 12 additional credits from or courses or from 215 302, 415, 475 215, 312, 314 314 313, 314 107, 329, 333, 370, 437; or 316 (College of Arts and Sciences) 149 3. Either (a) two years of foreign language study, or (b) one year of foreign language study and 410. In either case, first year proficiency in at least one foreign language is required, and can be demonstrated by satisfactory completion of a foreign language course at the 115 level. 4. Only two or courses at the 100 and 200 level will be accepted for credit toward the major. Requirements for the modified major in linguistics with a minor in computer science, B.A. program To earn the minor, students must complete: 1 minimum of 24 credits in linguistics courses to include 201, 303, 304, and either 403 or 404. 2 minimum of 20 credits in courses as follows: 8 credits from 125, and 130 or 141; 12 credits from 220, 247, 248, 251, 230. At least 12 of these credits must be taken at Oakland University. An average grade of at least 2.0 is required in courses counted toward this minor. See requirements for the minor in computing in the School of Engineering and Computer Science section of this catalog. 3 370. Departmental honors The Department of Linguistics offers departmental honors to students who achieve a grade point average of 3.60 or above in specified courses. In the case of the liberal arts major, the courses include the seven required and courses and the three additional courses listed above. In the case of the modified major with a minor in computer science, the courses include the six required and courses, the five required courses and 370. The department also recommends honors for students who have modified majors in other departments with concentrations in linguistics. Requirements for the liberal arts minor in linguistics minimum of 20 credits in linguistics courses, to include: 1 201, 303, 304, and either 403 or 404. 2. At least 4 credits from 300-400 level or courses. Requirements for a modified major with a concentration in linguistics Students may elect a modified major in anthropology, communication, English, philosophy, psychology, or sociology, with a concentration in linguistics. The core in linguistics requires 16 credits including 201, 303, 304 and either 403 or 404. An additional 4 credits in linguistics courses for the specific concentrations are 374 or 375 (anthropology 401 (communication 376 (English 307 or 407 (philosophy 335 (psychology), and 376 (sociology). For requirements in the modified majors, students should consult the appropriate depart- ment. Certificate in teaching English as a second language Students may earn a certificate in teaching English as a second language (TESL) by completing the following credits 201 418 and 419 or the equivalents. In any case a student must complete 12 credits in linguistics courses at to obtain the certificate. Students interested in this certificate should contact an adviser in the Department of Linguistics. 150 (College of Arts and Sciences) Course Offerings The department offers selected courses from this catalog as warranted by student needs and availability of faculty. Specific offerings for each term may be found in the Schedule of Classes 102 Studies in Vocabulary and Etymology (4 basic course in vocabulary building. The origin of scientific and literary terms, foreign phrases in current use, borrowing of words into English from other languages, and the relationship between meaning and culture and meaning and context. Course not applicable to programs 176 The Humanity of Language (4) An introduction to the interrelationships of language and other cultural subsystems. Linguistic knowledge, the child\u2019s acquisition of language, sound and writing systems, meaning and communication, language and social groups are among the topics discussed. Satisfies the university general education requirement in language 317 Models of Second Language Acquisition (4) Development of second language ability among children and adults. Topics will include first language acquisition theory, the relationship of second language acquisition to linguistic theory, and will review and evaluate competing models of second language development 320 Linguistics and Reading (4) Linguistic description and analysis of the process of getting meaning from print. The course will review competing linguistic models of the reading process and insights from first and second language acquisition, psycholinguistics, reading disorders and studies in writing 334 Language Development in Children (4) Language acquisition in normal and abnormal children: stages of the acquisition process, the role of the environment, the relationship between language and the development of other skills, and language acquisition in children with sensory or psychological disorders 335 Psycholinguistics (4) The psychology of language, the accommodation between the cognitive and physical structure of humans and the structure of language, the nature of the language learning process, and the consequences of language use. Identical with 370 340 The Biology of Language (4) Animal communication and the evolution of man\u2019s capacity for language, development of language in normal and abnormal children, disorders of speech, hearing and language, language and the brain, and genetic aspects of language 360 Neurolinguistics (4) The neurology of language: essentials of neuroanatomy, neurological mechanisms underlying language, aphasia and kindred disorders of speech; the relationship of language to memory, intelligence and cognition; and language and mental retardation and psychological disorders 374 Cross-Cultural Communication (4 theoretical and practical examination of the role of language and nonverbal modes in intercultural communication. Problems and strategies for developing awareness of and operational skills in intercultural processes. Satisfies the university ethnic diversity requirement. Identical with 374 375 Language and Culture (4) Language viewed as cultural behavior: its system, acquisition and use; its relation to history, attitudes and behavior; and standard languages, social dialects, pidgins and creoles. Satisfies the university ethnic diversity requirement. Identical with 375 376 Language and Society (4) Language in its social context, intrasocietal variation, social evaluation of language varieties (style, dialect) as an influence in language change, and the choice of a language variety as an index of group solidarity, social ideology and individual attitudes. Identical with 376 (College of Arts and Sciences) 151 418 The Teaching of English as a Second Language (4) Approaches, methods and techniques of teaching pronunciation, grammar and vocabulary. The use of language tests and laboratory techniques. Prerequisite 201 419 Practicum (4) Supervised experience in some area of applied linguistics, such as working with non-native speakers of English, tutoring or other appropriate field work or internship, to be approved by the Department of Linguistics. Prerequisite 201 and either 418 or permission of instructor 438 Theory and Practice in Language Testing (4 study of the different types of aptitude and achievement tests used in different language settings, including research and educational situations. Brief introduction to test statistics and computerized analysis of test scores. Practical aspects of testing: design, scoring and administration. Prerequisite 317 or 418 or permission of instructor 177 Introduction to Language Science (4 basic introduction to the modern study of language as rule-governed behavior. Among the topics considered are the linguistic principles pertaining to sounds, words, sentences and meanings in cultural subsystems that enable people to communicate. Examples and analysis of English and other languages 180 Linguistic Analysis (4) An introduction to formal linguistic theory and analysis through the study of linguistic data and development of the formal rules of language. Problems in language analysis will provide the basis for discussions of the rules of phonology, syntax and meaning. Satisfies the university general education requirement in mathematics, logic and computer science 181 Introduction to the Development of the English Language (4) An introduction to the development of the English language from its Anglo-Saxon beginnings to the present, including the development of the sounds, words, sentences and meanings of English. Discussion of the spread and dominance of English as a world language and the many varieties of English will also be included. Satisfies the university general education requirement in language 182 Language and the Brain (4) Overview of the anatomy and physiology of language in the brain, including discussion of human characteristics that make language possible, human problems with language that result from various pathologies, and the mind-brain relationship. Consideration of the nature of language as a specifically human phenomenon. Satisfies the university general education requirement in natural science and technology 201 Introduction to Linguistics (4) Introduction to the modern study of human language. Emphasis on the analysis of sound and structure, variation and change, and linguistic universals 207 Meaning in Language (4) Broad examination of how humans use language to convey meanings of various kinds, including literal, non-literal, and interpersonal meaning, and ways in which language reflects how humans think. Identical with 207. Satisfies the university general education requirement in language 300 Topics in Linguistics (4) Topics and problems selected by the instructor. Prerequisite: Permission of the Department of Linguistics 301 Linguistic Structures (4) An introduction to synchronic linguistic analysis, with structural problems in natural languages. Prerequisite 201. 152 (College of Arts and Sciences 302 Historical Linguistics (4) Diachronic linguistic analysis: language change, dialect geography, establishment of genealogical relationships, the reconstruction of earlier stages of languages and the relationship of language change to synchronic analysis. Prerequisite 201 303 Introduction to Phonology (4) Fundamentals of phonological analysis using data from a variety of languages. Exploration of the sound system of English and its historical development. Prerequisite 201 304 Introduction to Syntax (4) Fundamentals of syntactic analysis using data from English and other languages. Prerequisite 201 307 Introduction to Semantics (4) An introduction to the study of meaning and how it is encoded in human language. Survey of classic and recent approaches to the analysis and description of semantic structures in natural languages. Prerequisite 201 315 Computer Parsing of Natural Languages (4) An examination of the syntactic and semantic properties of natural language and a survey of the techniques for computer parsing. Student projects in the computer analysis of language. Identical with 315. Prerequisite 201 and 130 or 131 357 Cognitive Linguistics (4 cognitive/functional approach to grammatical theory focusing on the relation between language and cognition in the study of semantic, lexical and grammatical structure. Prerequisite 201 or instructor's permission 376 History of the English Language (4) Identical with 376. Prerequisite 160 401 Phonetic Theory (4) An introduction to articulatory and acoustic descriptions of spoken language, and training in the recognition and production of sounds found in languages other than English. Prerequisite 201 403 Phonological Theory (4 presentation of theory and application of phonological analysis with emphasis on original work. Prerequisite 303 404 Syntactic Theory (4 presentation of theory and application of morphological and syntactic analysis, with emphasis on original work. Prerequisite 304 407 Semantic Theory (4) An inquiry into contemporary efforts to formulate and articulate a theory of meaning adequate for the analysis of natural language, with emphasis on the relation between syntactic and semantic analysis. Prerequisite 307 410 Studies in the Structure of a Language (4 study of the structural aspects of an individual language to be determined by the instructor. Among the languages for study are French, German, Hindi-Urdu and Sanskrit. Prerequisite 201 475 Philosophy of Language (4) Identical with 475 480 Seminar in Linguistics (4) Topics and problems selected by the instructor. Prerequisite 201 and permission of the Department of Linguistics (College of Arts and Sciences) 153 490 Independent Study (2 or 4) Special research projects in linguistics. Prerequisite 201 and permission of the Department of Linguistics 114-115 Introduction to Latin Language and Roman Culture (4 each two-semester sequence in the fundamentals of Latin language and classical Roman culture beginning course 114 must be taken first 114 or 115 satisfies the university general education requirement in language The Center for American English offers classes in English as a Second Language (ESL) to help individuals improve English language skills (speaking, accent reduction, listening comprehension, reading, writing and vocabulary development). These courses are intended for university students, faculty and staff as well as international students, business personnel and other individuals who currently are not enrolled in a degree program at Oakland University. Students should consult the Center for American English for placement in appropriate classes These courses cannot be used to satisfy any portion of the university requirement in writing proficiency. No more than 16 credits in courses numbered 050-099 may count toward graduation requirements. Course numbers beginning with 05 are elementary level courses; 06, intermediate level; and 07, advanced level. Courses beginning with 08 have a business focus, and those beginning with 09 are for graduate students 050 Listening and Speaking (2 or 4) For non-native speakers only. To aid students in developing general listening and speaking skills through guided conversational practice. Students will be instructed in appropriate conversational techniques and will practice in group discussions. May be repeated for up to 12 credits. Prerequisite: Placement 051 Reading and Vocabulary Development (2 or 4) For non-native speakers only. Designed to help students develop general-purpose reading skills and strategies. Emphasis on vocabulary development to enhance reading facility. May be repeated for up to 12 credits. Prerequisite: Placement 052 Writing and Sentence Structure for Academic Purposes (2 or 4) For non-native speakers only. Designed for students of to improve basic writing skills. To be taken before content courses. May be repeated for up to 12 credits. Prerequisite: Placement 055 Introduction to American Culture and Customs (2 or 4) For non-native speakers only. Introduction to the environment and culture of the United States. Students will participate in reading, writing, listening and speaking tasks as they relate to practical cultural information 057 Topics in English as a Second Language (2 or 4) For non-native speakers only. Provides students with intensive study of particular topics in English as a Second language. Possible topics include vocabulary enhancement through reading and writing. May be repeated for up to 12 credits. Prerequisite: Placement 060 Listening and Speaking (2 or 4) For non-native speakers only. To help students develop the necessary listening and speaking skills for an academic environment. Focus will be on listening and speaking in a variety of class settings (lecture, seminar, discussion) and will include note-taking and subject comprehension. May be repeated for up to 12 credits. Prerequisite 050 with a grade of 2.5 or better or placement. 154 (College of Arts and Sciences 061 Reading and Vocabulary Development (2 or 4) For non-native speakers only. Designed to help students develop reading skills and strategies for academic purposes. Emphasizes critical analysis, handling heavy reading loads and developing appropriate technical vocabularies. May be repeated for up to 12 credits. Prerequisite 051 with a grade of 2.5 or better or placement 062 Writing and Sentence Structure for Academic Purposes (2 or 4) For non-native speakers only. Improving basic knowledge of paragraph structure, linear sequencing and grammatical structures used in writing. Focus on organization and coherence, and practice in transitions, conciseness and patterns of organization. May be repeated for up to 12 credits. Prerequisite 052 with a grade of 2.5 or better or placement 070 Listening and Speaking (2 or 4) For non-native speakers only. Designed to help students reduce their accent for improved listener comprehension. Focus on accuracy in articulation at both the individual sound level and the sentential level. Will use interactive phonetics software to provide feedback. May be repeated for up to 12 credits. Prerequisite 060 with grade of 2.5 or better or placement 071 Reading and Vocabulary Development (2 or 4) For non-native speakers only. Designed to help students refine reading skills and strategies for academic purposes. Emphasizes critical analysis and handling heavy reading loads and developing appropriate technical vocabularies. May be repeated for up to 12 credits. Prerequisite 061 with a grade of 2.5 or better of placement 072 Writing and Sentence Structure for Academic Purposes (2 or 4) For non-native speakers only. Designed to help students improve their writing skills. Combines extensive practice in rhetorical techniques with a review of grammatical structures. May be taken concurrently with content courses with the approval of the content course department. May be repeated for up to 12 credits. Prerequisite 062 with a grade of 2.5 or better or placement 079 Independent Study in English as a Second Language (2 or 4) For non-native speakers only. Provides students with the opportunity to design a course of study that meets their particular English language needs. May be repeated for up to 12 credits. Prerequisite: Permission of instructor 080 Listening and Speaking in the Business Setting (2 or 4) For non-native speakers only. Designed for students who are either working in American business or plan to do so. Students will learn effective listening and speaking skills through oral presentations, accent reduction techniques and business jargon usage. May be repeated for up to 12 credits. Prerequisite: Placement 081 Reading and Vocabulary in the Business Setting (2 or 4) For non-native speakers only. Designed to improve students' reading skills for the business environment and to familiarize students with the American business culture. Emphasizes handling of specialized subject matter, critical analysis and business vocabulary. May be repeated for up to 12 credits. Prerequisite 051 or placement 082 Writing and Grammar in the Business Setting (2 or 4) For non-native speakers only. Designed to instruct students in the writing styles appropriate for American business. Students will learn to write typical business documents while emphasizing correct and appropri- ate grammar and vocabulary. May be repeated for up to 12 credits. Prerequisite 052 or placement 085 Cross-Cultural Communication in the Business Setting (2 or 4) For non-native speakers only. Focus on common business customs and practices in the United States. Students will participate in reading , listening and speaking tasks as they relate to the American business environment (College of Arts and Sciences) 155 087 Topics in the Business Setting (2 or 4) For non-native speakers only. For students who either are working in American business or plan to do so variety of professional and business topics will be offered which will match the student's current career or future career goals. May be repeated for up to 12 credits. Prerequisite: Placement 090 English for Instructional Purposes (4) For non-native speakers only. Designed for international students who will be teaching assistants. Emphasis on improving presentation skills, particularly pronunciation, and on addressing issues relevant to student-teacher interaction. Prerequisite: Graduate assistantship 092 Research Papers and Thesis Writing for Graduate Students (4) For non-native speakers only. Designed to aid graduate students with the tasks of writing substantive research papers or theses. Prerequisite: Graduate student standing. 156 (College of Arts and Sciences 368 (248) 370-3430 Fax: (248) 370-4184 Interim chairperson: Louis J. Nachman Professors emeriti: Harvey J. Arnold, Louis R. Bragg, John W. Dettman, George F. Feeman, William C. Hoffman, G. Philip Johnson, Donald G. Malm, James H. McKay Professors: Kevin T. Andrews, Baruch Cahlon, Charles C. Cheng, J. Curtis Chipman, Jerrold W. Grossman, Ravindra Khattree, Louis J. Nachman, Subbaiah Perla, Darrell Schmidt, Irwin E. Schochetman, Meir Shillor, Sze-kai Tsui, J. Barry Turett, Stuart S. Wang, Stephen J. Wright Associate professors: Eddie Cheng, David J. Downing, Bo-nan Jiang, Robert H. Kushler, Theophilus Ogunyemi, Guohua (James) Pan, Hyungju (Alan) Park, Ananda Sen, Peter Shi, Wen Zhang Assistant professors: Serge Kruk, Laszlo Liptak, Anna Spagnuolo Adjunct professors: Seth Bonder, Gary C. McDonald, Edward F. Moylan Associated faculty: Babette Benken (Curriculum, Instruction and Leadership) Chief adviser: Jerrold W. Grossman The Department of Mathematics and Statistics offers programs of study leading to the Bachelor of Arts degree with a major in mathematics, Bachelor of Science degree with a major in mathematics or applied statistics, Master of Science degree in industrial applied mathemat- ics, Master of Science degree in applied statistics, Master of Arts degree in mathematics and Doctor of Philosophy degree in applied mathematical sciences. In addition, the department offers courses that are required or recommended as electives in other academic programs. For further information on the graduate programs offered by the department, see the Oakland University Graduate Catalog. Whether in the B.A. or B.S. program, students are encouraged to elect a variety of applied courses, both inside and outside of the department. The greater the familiarity with applications of mathematics, the greater the possibilities of employment in a world that is becoming more mathematics-oriented each year. Concentrations or minors, or even second majors, are available in computer science, the life sciences, the physical sciences, engineering, business administration, the social sciences and linguistics. Mathematics majors are advised to consult department faculty when planning their programs. Prerequisites and placement Each student enrolling in a course offered by the Department of Mathematics and Statistics must meet the prerequisites for that course. Students who do not meet the prerequisites will not be permitted to enroll or remain enrolled in the course. The prerequisites may be met in a number of ways: by completing the stated prerequisite course(s) with a grade of 2.0 or better; by completing an equivalent course at another (College of Arts and Sciences) 157 university, college or community college with a grade of 2.0 or better; or through placement. Grades below 2.0 in prerequisite courses are not acceptable, nor are high school courses. In rare cases, the department may grant permission to enroll in a course without the formal prerequisites. Students with unusual circumstances should consult the instructor of the course or a department adviser. Placement into levels or R, described below, is determined by the mathematics score. Consult an adviser for details on this placement. Students whose mathematics score is 24 or higher may take a calculus placement test at Orientation or the Department of Mathematics and Statistics to qualify for level placement. The levels of placement are as follows: E: The student is ready for 011* or 118. I: The student has demonstrated competence through 011* and is ready for 012* or 118. R:The student has demonstrated competence through 012* and is ready for 118, 121, 141 210 or 225. C:The student has demonstrated competence through 141 and is ready for 118, 121, 122, 154 210 or 225. Formal course competency credit is not available in 011*, 012* or 141. *See information concerning these courses below. Requirements for the liberal arts major in mathematics, B.A. program To earn the Bachelor of Arts degree with a major in mathematics, students must: 1. Complete a core of eight courses with a grade of at least 2.0 in each 154, 155, 254, 256, 302, 351, 475 and 226 266 is recommended. 2. Complete three additional 3- or 4-credit courses in the mathematical sciences chosen from 257, 263 and courses labeled or at the 300-400 level, with the exception of 407 and 497, with a grade of at least 2.0 in each. Majors in the secondary education program must include 263 361 and 414 among these three courses. Well-prepared students may substitute 500-level courses with the approval of the departmental adviser. 3. Complete 141 with a grade of at least 2.0. 4. Complete two additional 3- or 4-credit courses, as approved by the departmental adviser, in science, engineering or computer science, with an average grade of at least 2.00. Courses used to satisfy this requirement may also be used to satisfy university general education and college distribution requirements. Students in the secondary education program will be deemed to have satisfied this requirement with their secondary teaching minor, regardless of its subject area. Requirements for the major in mathematics, B.S. program To earn the Bachelor of Science degree with a major in mathematics, students must: 1. Complete a core of nine courses with a grade of at least 2.0 in each 154, 155, 254, 256, 302, 351, 453, 475 and 226 266 is recommended. 2. Complete four additional 3- or 4-credit courses in the mathematical sciences chosen from 257, 263 and courses labeled or at the 300-400 level, with the exception of 407 and 497, with a grade of at least 2.0 in each. Majors in the secondary education program must include 263 361 and 414 among these four courses. Well-prepared students may substitute 500-level courses with the approval of the departmental adviser. 158 (College of Arts and Sciences) 3. Complete 141 and 230 with a grade of at least 2.0 in each. 4. Complete three additional 3- or 4-credit courses, as approved by the departmental adviser, in an area related to mathematics, with an average grade of at least 2.00. The area chosen will normally be in science, engineering, computer science, economics or statistics. Courses used to satisfy this requirement may also be used to satisfy university general education and college distribution requirements. Students in the secondary education program will be deemed to have satisfied this requirement with their secondary teaching minor, regardless of its subject area. Requirements for the major in applied statistics, B.S. program To earn the Bachelor of Science degree with a major in applied statistics, students must: 1. Complete 28 credits in statistics 226, 322, 427, 428 and 12 credits chosen from courses numbered above 300 (but not including 501-502). 2. Complete 154, 155, 254, 256 and one more course chosen from 257, 263, 332, 433, 434 351 342, 346 266 is recommended. 3. Complete 141. 4. Complete 380, 381 or 382. 5. Complete a course in ethics given by the Department of Philosophy. 6. Complete 16 credits in a single area outside the Department of Mathematics and Statistics to which statistics could be applied. The 16 credits must include at least one course that is quantitatively oriented. The rest of the 16 credits could come from prerequisite courses or any related courses. These 16 credits must be approved in advance by an adviser in the Department of Mathematics and Statistics. The courses need not be in a single department, but the total package should constitute a substantive examination of a single area. 7. Earn a minimum grade of 2.0 in each mathematical sciences and computer science course used to satisfy the major requirements. Secondary Teacher Education Program (STEP): Mathematics The Secondary Teacher Education Program (STEP) at Oakland University is an extended program of study leading to certification. Generally, eligibility into the requires a of 3.00 in both the major and minor, and an overall of 2.80. No single major or minor course grade may be below 2.0. Second undergraduate degree candidates completing major and/or minors may be required to complete additional coursework at Oakland University beyond the stated minimums. Students must consult with the secondary education minor adviser in the department. Students in this program must complete the requirements for a B.A. or B.S. degree in mathematics and include 263 361 and 414 among the mathematics electives program in must also include a 20-28 hour secondary teaching minor and a sequence of undergraduate course work in education to include 300 345 538 and 426. Extended study including 428, 455 and 501 is also required. Further details on program and admission requirements and procedures can be found in the School of Education and Human Services portion of the catalog and by consulting advisers in the Department of Mathematics and Statistics and the School of Education and Human Services advising office (363 Education and Human Services Building, 248-370-4182 (College of Arts and Sciences) 159 Departmental honors Departmental honors may be awarded to graduating seniors in either the B.A. or the B.S. degree program who have demonstrated outstanding achievement in their mathematical science course work, as evidenced by high grades, high level courses and/or more than a minimum number of courses. Further information is available from the department chairper- son. In addition, the department will normally present the Louis R. Bragg Graduating Senior Award each year to the most outstanding graduating mathematics or statistics major. Requirements for the liberal arts minor in mathematics To qualify for the liberal arts minor in mathematics, students must take a minimum of 20 credits chosen from 155, 254, 256, 266 257, 263 226 or any 300-400 level courses labeled or STA, except 407 and 497. Each course used to satisfy the minor requirements must be completed with a grade of at least 2.0. Students majoring in engineering or computer science should consult \u2018\u2018Concentrations and minors\u2019\u2019 in the School of Engineering and Computer Science section of this catalog for information on the minor in applied mathematics and the concentration in applied statistics. Requirements for the secondary teaching minor in mathematics To qualify for a secondary teaching minor in mathematics, students must take 28 credits consisting of 154, 155 263 226 302 361, and 426 cumulative grade point average of 3.00 is required in courses included in the minor, with no single course grade below 2.0. Second undergraduate degree candidates completing the minor may be required to take additional courses at Oakland University beyond the stated minimums. Students must consult with the secondary education minor adviser in the department. Requirements for the minor in computer science for mathematics or applied statistics majors The requirements for a minor in computer science are determined by the School of Engineering and Computer Science. For this minor, students must complete a minimum of 20 credits, consisting of the following courses, with a grade of at least 2.0 in each 141, 171, 230 and any two courses numbered 200 or above. At least 12 of these credits must be taken at Oakland University. Students seeking this minor must obtain permission from the Department of Computer Science and Engineering in order to register for courses at the 300 and 400 levels. Skill development courses 011 and 012 011 and 012 are skill development courses specially designed to aid incoming students who need additional preparation prior to entering one of the university\u2019s standard mathematical sciences sequences. Credits earned in these courses, while part of a student\u2019s official record, may not be applied toward minimal graduation requirements in any academic program. Grades earned in these courses will be included in the student\u2019s grade point average. *Note that when a student exercises the repeat option and takes 011 or 012 to replace a grade previously earned in 102, 103, 111 or 112, the grade earned in 011 or 012 will replace the former grade and will remove credits that would have counted toward minimal graduation requirements. 160 (College of Arts and Sciences) Course Offerings The department offers selected courses from this catalog as warranted by student needs and availability of faculty. Specific offerings for each term may be found in the Schedule of Classes 011 Elementary Algebra (4) Order of operations, algebra of exponents, radicals, variable expressions, polynomial arithmetic, factoring, algebraic fractions, linear equations and inequalities in one variable; applications and problem solving. *See note above. This course cannot be used to satisfy minimal graduation requirements in any program 012 Intermediate Algebra (4) Complex numbers, quadratic equations, nonlinear inequalities, analytic geometry (points and lines in the coordinate plane, distance, circles, parabolas, ellipses and hyperbolas), 2 by 2 and 3 by 3 systems of linear equations, introduction to functions and their graphs, theory of equations, logarithms, applications and problem solving. *See note above. This course cannot be used to satisfy minimal graduation requirements in any program. Prerequisite 011 or placement 052 Intermediate Algebra Workshop (2) Students work cooperatively in groups to solve challenging problems based on the mathematics in 012. The students will learn computational and theoretical mathematics taught through discovery rather than by lecture. Open only to students concurrently enrolled in 012. Corequisite 012 100 Topics in Elementary Mathematics (2 or 4 selection of topics designed to develop student awareness and appreciation of mathematics with an emphasis on problem solving. Developed to support the transition of students into the university mathematical sciences curriculum. Graded S/U. Prerequisite: Placement by the Student Success Services office only 118 Mathematical Sciences in the Modern World (4) Designed for students without an extensive mathematics background who wish to explore the ways people use mathematical sciences to solve problems that arise in modern society. Satisfies the university general education requirement in mathematics, logic and computer science 121 Linear Programming, Elementary Functions (4) Systems of equations, matrices, and linear programming (simplex method); rational, exponential and logarithmic functions. Satisfies the university general education requirement in mathematics, logic and computer science. Prerequisite 012 or placement 122 Calculus for the Social Sciences (4) The basic concepts, theorems and applications to the social sciences of the differential and integral calculus of one and several variables. Satisfies the university general education requirement in mathematics, logic and computer science. Prerequisite 121 or 141 or placement 141 Precalculus (4) Functions, roots of polynomials, rational, exponential and logarithmic functions, trigonometric functions (including graphs, identities, inverse functions, equations and applications), complex numbers, analytic geometry and conic sections. Prerequisite 012 or placement 142 Precalculus Workshop(2) Students work cooperatively in groups to solve challenging problems based on the mathematics in 141. The students will learn computational and theoretical mathematics taught through discovery rather than by lecture. Open only to students concurrently enrolled in 141. Corequisite 141 (College of Arts and Sciences) 161 154-155 Calculus (4 each comprehensive study of analytic geometry, limits, differentiation and integration of functions of one real variable, including transcendental functions, infinite series, indeterminate forms, polar coordinates, numerical methods and applications. Each is offered fall and winter semester 154 satisfies the university general education requirement in mathematics, logic and computer science. Prerequisite 141 or placement 254 Multivariable Calculus (4 study of vectors, polar coordinates, three-dimensional geometry, differential calculus of functions of several variables, exact differential equations, multiple integrals, line and surface integrals, and vector fields. Prerequisite 155 256 Introduction to Linear Algebra (3) An introduction to the theoretical and computational aspects of linear algebra. Topics covered include linear equations, vectors and matrices, matrix algebra, determinants, eigenvalues and eigenvectors, linear transformations, vector spaces and inner product spaces. Prerequisite 155 266 Linear Algebra Laboratory (1) Computational investigation of selected topics in linear algebra. Corequisite 256 290 Independent Study (2 or 4) Reading or research on some mathematical topic. May be repeated for additional credit. Prerequisite: Permission of department 301 Putnam Seminar (0 or 2) This seminar meets one evening per week. Students solve and present solutions to challenging mathematical problems in preparation for the William Lowell Putnam Mathematical Competition, a national undergraduate mathematics competition. May be repeated three times for additional credit. Prerequisite: Permission of instructor 302 Introduction to Advanced Mathematical Thinking (4) The propositional and predicate calculus, set theory, methods of mathematical proof, inductive and recursive thinking, relations and functions, infinity. Emphasis is on rigorous proofs of mathematical statements. Offered every fall. Prerequisite 256 or 263 or permission of department 351 Advanced Calculus (4) The topology of the real number line and of n-dimensional Euclidean space, continuity and uniform continuity, derivatives, the Riemann integral, sequences and series, uniform convergence. Replaces 331. Offered every fall. Prerequisite 254 and 302 or permission of department 352 Complex Variables (4 study of analytic functions of a complex variable including differentiation and integration, series representations, the theory of residues and applications. Prerequisite 254 361 Geometric Structures (4 study of topics from Euclidean geometry, projective geometry, non-Euclidean geometry and transfor- mation geometry. Offered every fall. Corequisite 302 or permission of department 372 Number Theory with Cryptography (4) Structure of the integers, prime factorization, congruences, multiplicative functions, primitive roots and quadratic reciprocity, and selected applications including cryptography. Prerequisite 155 405 Special Topics (2 or 4) Advanced study of a selected topic in mathematics. May be repeated for additional credit. Prerequisite: Permission of instructor. 162 (College of Arts and Sciences 414 History of Mathematics (4) Mathematics from ancient to modern times, its growth, development and place in human culture. Offered every winter. Prerequisite 351 or permission of instructor 415 Foundations of Mathematics: Mathematical Logic and Set Theory (4) An examination of the logical foundations of mathematics including analysis of the axiomatic method, basic set theory, cardinal and ordinal numbers, and the axiom of choice. Prerequisite 302 453 Advanced Calculus (4) Improper integrals, derivatives and integrals in n-dimensional Euclidean space, implicit and inverse function theorems, differential geometry and vector calculus, and Fourier series. Offered every winter. Prerequisite 351 461 General Topology (4 study of topological spaces and continuous functions. Separation and countability properties, connected- ness, compactness and local properties. Prerequisite 302 465 Differential Geometry (4) Theory of curves and surfaces in Euclidean space with an introduction to the theory of matrix Lie groups. Prerequisite 453 475 Abstract Algebra (4) Groups, subgroups, cosets, and homomorphisms; rings and ideals; integral domains; and fields and field extensions. Applications. Offered every winter. Prerequisite 302 or permission of department 490 Independent Study (2 or 4) Reading or research on some mathematical topic. May be repeated for additional credit. Prerequisite: Permission of department 497 Apprentice College Teaching (2 or 4) Open to any well-qualified junior or senior who obtains consent of a faculty member to assist in presenting a regular college course. The apprentice should be capable of assuming limited classroom teaching duties. May be repeated for additional credit. Graded S/U. Prerequisite: Permission of department 257 Introduction to Differential Equations (3) An introduction to the basic methods of solving ordinary differential equations, including the methods of undetermined coefficients, variation of parameters, series, Laplace transforms and numerical methods. Separable, exact and linear equations. Applications. Prerequisite 155 263 Discrete Mathematics (4) Concepts and methods of discrete mathematics with an emphasis on their application to computer science. Logic and proofs, sets and relations, algorithms, induction and recursion, combinatorics, graphs and trees. Prerequisite 155 332 Applied Matrix Theory (4) Eigenvalues, eigenvectors and their applications, matrix calculus, linear differential equations, Jordan canonical forms, and quadratic forms. Time will also be spent on various computational techniques. Prerequisite 256 357 Elements of Partial Differential Equations (4) Partial differential equations of physics, Fourier methods, Laplace transforms, orthogonal functions, initial and boundary value problems, and numerical methods. Prerequisite 254 and 257 (College of Arts and Sciences) 163 405 Special Topics (2 or 4) Advanced study of a selected topic in applied mathematics. May be repeated for additional credit. Prerequisite: Permission of instructor 407 Mathematics for Engineering (4) Elementary ordinary differential equations, linear algebra, matrix operations and numerical methods. Closed to math majors and minors. Prerequisite 155 433 Numerical Methods (4) Propagation of errors, approximation and interpolation, numerical integration, methods for the solution of equations, Runge-Kutta and predictor-corrector methods. Offered fall of even-numbered years. Prerequisite 256 257 and knowledge of a scientific programming language, or permission of the instructor 434 Applied Numerical Methods: Matrix Methods (4) Systems of linear equations, Gaussian elimination factorization, approximation and curve fitting, eigenvalue problems, and nonlinear systems. Offered winter of odd-numbered years. Prerequisite 254, 256 and knowledge of a scientific programming language, or permission of the instructor 455 Intermediate Ordinary Differential Equations (4) Review of elementary techniques, existence and uniqueness theory, series methods, systems of equations, oscillation and comparison theorems, Sturm-Liouville theory, stability theory and applications. Prerequisite 257 and 351 463 Graph Theory and Combinatorial Mathematics (4) Introduction to combinatorics. Topics include techniques of enumeration, fundamental concepts of graph theory, applications to transport networks, matching theory and block design. Offered every fall. Prerequisite 256 and 263 477 Computer Algebra (4) The mathematics and algorithms for symbolic computation. Includes theory of algebraic extensions, modular and p-adic methods, Groebner bases, factorization and zeros of polynomials, solutions to systems of polynomial equations, applications to automatic geometric theorem proving and closed form solutions to differential equations. Prerequisite 256 and knowledge of a scientific computer programming language, or permission of instructor 490 Independent Study (2 or 4) Reading or research on some topic in applied mathematics. May be repeated for additional credit. Prerequisite: Permission of department 225 Introduction to Statistical Concepts and Reasoning (4) Statistical ideas and thinking relevant to public policy, quality improvement, and physical and social sciences. Data collection and presentation; association; normal distribution; probability and simulation; and confidence intervals, p-values, and hypothesis testing. Satisfies the university general education requirement in mathematics, logic and computer science. Prerequisite 012 or placement 226 Applied Statistics (4) Introduction to statistics as applied to the physical, biological and social sciences and to engineering. Applications of special distributions and nonparametric techniques. Regression analysis and analysis of variance. Satisfies the university general education requirement in mathematics, logic and computer science. Corequisite 122 or 154 322 Regression Analysis (4) Basic results from probability and statistics, linear regression, model testing and transformations, matrix methods in multiple regression, polynomial regression, indicator variables, stepwise and other search procedures. Offered every fall. Prerequisite 226 or permission of instructor. 164 (College of Arts and Sciences 323 Design of Experiments (4) Planning of experiments, completely randomized, randomized block and Latin square designs, incomplete blocks, factorial and fractional factorial designs, confounding, and response surface methodology. Offered every winter. Prerequisite 226 or permission of instructor 322 recommended 324 Analysis of Categorical Data (4) Analysis techniques for data obtained by counting responses in different categories. Discrete distributions, goodness of fit, contingency tables, association and agreement measures, loglinear and logit models. Prerequisite 322 or 323 or permission of instructor 405 Special Topics (2 or 4) Advanced study of a selected topic in statistics. May be repeated for additional credit. Prerequisite: Permission of instructor 425 Elements of Stochastic Processes (4) Random walk models, Markov chains and processes, birth and death processes, queuing processes, diffusion processes and non-Markov processes. Prerequisite 427 or permission of instructor 257 recommended 426 Statistical Analysis by Graphical and Rank Order Methods (4) Exploratory data analysis, rank tests for location and scale, power of competing tests, confidence intervals, nonparametric analysis of variance methods. Corequisite 427 or 322 or 323 or permission of instructor 427-428 Introduction to Mathematical Statistics (4 each) The distribution of random variables, conditional probability and stochastic independence, special distributions, functions of random variables, interval estimation, sufficient statistics and completeness, point estimation, tests of hypothesis and analysis of variance. Offered as fall-winter sequence every year. Prerequisite 254, 256 and 226 or permission of instructor 490 Independent Study (2 or 4) Reading or research on some statistical topic. May be repeated for additional credit. Prerequisite: Permission of department 342 Introduction to Operations Research (4) Topics will be drawn from deterministic models of operations research, such as linear programming, network analysis, dynamic programming, inventory control and integer programming. Prerequisite 256 or both 121 and 122 with 3.0 or better 346 Stochastic Models in Operations Research (4) Stochastic processes including Markov chains with applications to the development and analysis of queuing models. Further topics drawn from such areas as reliability, decision analysis, stochastic inventory control and simulation. Prerequisite 254 and 226, or 122 and 250 with 3.0 or better 210 Numerical Structures (4) Elementary set and number theory. Components of the real number system. History of numeration. Algorithms of arithmetic. Other general algebraic structures. Problem solving. Enrollment limited to elementary education majors. Prerequisite 012 or placement 211 Structures of Geometry (4) An informal approach to geometry including topics from Euclidean and transformational geometries. Stress is placed on topics close to the elementary school curriculum such as mensuration formulae, ruler and compass construction, symmetries, congruence and similarity, and figures in two- and three- dimensional Euclidean spaces. Enrollment is limited to elementary education majors. Prerequisite 210 (College of Arts and Sciences) 165 405 Special Topics (2 or 4) Study of mathematical topics particularly relevant for prospective teachers of elementary and middle school mathematics. Prerequisite 211 or permission of instructor 410 Elementary School Mathematics and the Computer (4) An introduction to creative uses of computers in teaching mathematics in the elementary school, including program design, machine architecture, and the and computing languages. Enrollment is limited to elementary education majors. Prerequisite 211 225 and 396. 166 (College of Arts and Sciences 418 (248) 370-2060 Fax: (248) 370-4208 Chairperson: Barbara Mabee Distinguished professor emeritus: Jack R. Moeller (German) Professors emeriti: John W. Barthel (German), Dolores Burdick (French), Renate Gerulaitis (German), Don R. Iodice (French), Helen Kovach-Tarakanov (Russian), Munibur Rahman (Hindi-Urdu), Robert E. Simmons (German), Amitendranath Tagore (Chinese), Carmen Urla (Spanish) Professors: Carlo Coppola (Hindi-Urdu), David Jaymes (French), Barbara Mabee (German) Associate professors: Christopher Clason (German), Stacey L. Hahn (French), Frances Meuser (Spanish), Estela Moreno-Mazzoli (Spanish), Seigo Nakao (Japanese), Ronald F. Rapin (Spanish) Assistant professors: Ingrid Rieger (German), John Paul Spicer-Escalante (Spanish) Visiting assistant professors: Bonaventure Balla-Omgba (French), Jonathan Evans (Chinese) Special instructors: Dikka Berven (French), Julia Urla (Spanish) Special lecturers: Robert Carpenter (Spanish), Linda Eghtedari (German), Fatima Ferreira (Spanish), Tara Gardner (Spanish), Benjamin Hoffiz (Arabic), Christine Kuljurgis (German), Walter Langlois (Japanese), Henryka Nemesh (French), Mayra Schmalzried (Spanish), Annette Seranon (French), Gheorghita Tres (Spanish), Claudio Vacas (Spanish), Phillip Watkins (Russian) Lecturers: Theresa Arellano (Spanish), Myrna Carter (Italian), Ann Lemke (German), Christine Miller (Spanish), Kuniko Okuda (Japanese), Shih-Chen Peng (Japanese), Mei-hsiao Tang (Chinese), Pamela Tesch (German) Chief adviser: David Jaymes The Department of Modern Languages and Literatures offers programs leading to the Bachelor of Arts degree. The aim of the modern language curriculum is to help students acquire competence in the language of a given country or countries and, through the study of literature and civilization, to acquaint them with the cultural background of the country or countries. It also prepares students for graduate work, teaching and careers in business or government service. The department houses an interactive video, audio and computer language- technol- ogy facility, in which students have access to a broad variety of tutorials, exercises and multimedia activities supporting their classroom learning experiences. Students may wish to investigate the advantages of combining a knowledge of foreign languages and cultures with competence in other fields. Study of a foreign language and culture is an important asset for majors such as economics, general business, international manage (College of Arts and Sciences) 167 ment, computer science, communication or journalism. Knowledge of a foreign language will also enhance the study of most majors and particularly political science, English, linguistics, art or music. All language students may be asked to participate in departmental assessment activities. Placement examinations modern language placement test is administered by the Office of New Student Programs and by the Department of Modern Languages and Literatures. Students can take the test in any of the following computer labs as well: Kresge Computer Lab, Dodge Computer Lab, 24/7 Computer Lab Computer Lab and the Multimedia Computer Lab. For more information about the labs, see the web site at Students who enter Oakland University with high school work in French, German, Japanese, Russian or Spanish must take the appropriate placement test during summer orientation. Students with previous language experience may not enroll in any 114 language courses without department permission. In case of questions concerning proper placement, students should consult with the department's advising office. Admission to major standing To be eligible for a major in one or more foreign languages, a student must be admitted to major standing by the Department of Modern Languages and Literatures. Normally, a student should apply for major standing at the department office after having attained 56 credits and no later than three semesters before graduation student planning to graduate with a Bachelor of Arts degree will be admitted to major standing after completion of 8 credits of language or literature at the 300 level with a minimum grade point average of 2.80. Requirements for liberal arts majors in a modern language and literature, B.A. program The department offers three majors in language and literature: French, German and Spanish. The requirement for the major in French is a minimum of 32 credits at the 300 and 400 levels in language, culture and literature, and must include 314, 316, 318, 370, 380 and 408 plus two 400-level literature courses. The requirement for the major in German is a minimum of 36 credits at the 300 and 400 levels in language, culture and literature, and must include 301, 316, 318, 371, 381, 408 and two 400-level literature courses. The requirement for the major in Spanish is a minimum of 36 credits at the 300 and 400 levels in language, culture and literature, and must include 314, 316, 318, 370, 380 and 408 plus two 400-level literature courses. In all languages, two collateral courses are required: one in history or civilization (in French 351; in German 440) and 181 or 182. Students planning graduate work are strongly urged to study a second foreign language recommended by the department. Requirements for the liberal arts major in two modern languages, B.A. program The requirement is a minimum of 18 credits (20 credits in German and Spanish) at the 300 and 400 levels in each of two languages. In French, Russian and Spanish, courses numbered 314, 316, 318, 355, 408 and 455 are required. German must include courses numbered 301, 316, 318, 355, 408 and 455. Three collateral courses are required 201 and two courses in history or civilization, one in each language area, to be approved by the student\u2019s department adviser 181 and 182 are recommended. Students are strongly advised to complete a minor in a complementary field. Most traditional graduate programs in language and literature will require students in this major to fulfill additional prerequisites in literature. 168 (College of Arts and Sciences) Requirements for the modified liberal arts major in German with a concentration in German studies, B.A. program Students must complete a minimum of 28 credits in German beyond the second year and 24 credits in corequisite courses. The German courses required are 301, 316, 318, 340, 355, 371 or 381, 408 and 440. Corequisite courses are 345 181 or 182 100 or 320 373; and two from among the following 334, 365 327, 341, 343. Secondary Teacher Education Program (STEP): Modern Languages and Literatures The Secondary Teacher Education Program (STEP) at Oakland University is an extended program of study leading to certification. Students in this program must complete the requirements for a B.A. degree in the College of Arts and Sciences. The department offers the following liberal arts majors as part of the secondary teacher education program: French, German, Russian and Spanish. Generally, eligibility for admission to the requires a of 3.00 in both the major and minor, and an overall of 2.80. No single major or minor course grade may be below 2.0. Second undergraduate degree candidates completing major and/or minors may be required to complete additional coursework at Oakland University beyond the stated minimums program in must also include a 20-28 hour secondary teaching minor and a sequence of undergraduate course work in education to include 300, 427 345 and 538. Extended study including 428, 455 and 501 is also required. Further details on program and admission requirements and procedures can be found in the School of Education and Human Services portion of the catalog and by consulting advisers in the Department of Modern Languages and Literatures and the School of Education and Human Services advising office (363 Education and Human Services Building, 248-370-4182). Requirements for the modified liberal arts major in a modern language with majors or minors in economics, general business, international management, engineering, computer science or computing, B.A. program Modified majors are available in French, German, Russian and Spanish with majors or minors in economics, general business, international management, engineering, computer science or computing. (Students with majors or minors in one of the other professional schools may petition the department for a modified major.) The requirement in French, Russian or Spanish is a minimum of 24 credits at the 300-400 level; in German it is 28 credits. Students should note the credit hour restriction for the minors in economics or business. (Students interested in a five-year program leading to a Bachelor of Arts degree in a modern language and a Master of Business Administration should consult the Oakland University Graduate Catalog.) Requirements for the liberal arts major in Latin American language and civilization, B.A. program The requirements are a minimum of 20 credits in Spanish language courses numbered 314, 316, 318, 355, 370 and 408 and 20 credits in Latin American studies courses, including 250. Requirements for the liberal arts major in Russian language and civilization, B.A. program The requirements are 16 credits in Russian language and civilization at the 300-400 level and 20 credits in Slavic studies courses, including 490. For further information, see the Slavic studies program (College of Arts and Sciences) 169 Departmental honors and scholarships At the discretion of the department, departmental honors in a foreign language may be awarded to graduating seniors who complete a writing project, usually either a critical paper or a translation, of high quality and who maintain a grade point average in major courses of at least 3.60. Students who wish to be nominated for honors should consult a departmental adviser one year before graduation. There are two scholarships specifically for majors in the department. The Don R. Iodice Grant-in- Aid for Foreign Travel is available for majors who will return to Oakland University for a minimum of two full semesters. The Carmine Rocco Linsalata Memorial Scholarship offers one stipend to an incoming student who intends to major in a foreign language and another to a major with a minimum of 28 credits. The department also offers the Holzbock Humanities Scholarship (for information, see General information on Scholarships at the front of this catalog). Study abroad Students are encouraged to take advantage of opportunities to study abroad. Students should consult departmental advisers for information on a variety of foreign study opportunities. Students wishing to transfer credits from study abroad programs must arrange for that prior to their departure. Students majoring or minoring in German wishing to participate in the exchange program with the University of Oldenburg in Germany should contact Professor Mabee or Professor Clason. Students may also participate in the Junior Year in Germany Munich Program with Wayne State University. Students majoring in Spanish wishing to participate in the Junior Year or summer session in Valencia should see Professor Rapin. Students majoring in French may participate in the exchange program with the University of Orl\u00e9ans in France. Chinese language students interested in studying abroad should contact Barbara Mabee. Japanese language students interested in studying in Japan should contact Seigo Nakao. For further information on these programs, and on other study abroad opportunities, see the Center for International Programs portion of the catalog. Translation program Students may qualify for a translation certificate by completing language courses numbered 355, 455 and 491, and may then become candidates for the American Translators Association Accreditation Test 491 course does not apply toward the major. Requirements for the liberal arts minor in a modern language and literature student planning a minor in the department must apply in the department office, 418 Wilson Hall, after consultation with an adviser. Minors are available in French, German, Russian or Spanish language and literature. The requirement is a minimum of 20 credits beyond the 115 level, including 370 and 380 in French, Russian and Spanish; and 371 and 381 in German. Requirements for the liberal arts minor in a modern language Minors are available in French, German, Russian or Spanish language. The requirement is a minimum of 20 credits beyond 114-115. French, Russian and Spanish must include courses numbered 314, 316, 318 and one of the following courses: 355, 408, 455 or 457 (in French 357). German requires courses numbered 301, 316, 318 and 4 credits from courses numbered 355, 408, 455 or 457. Requirements for the liberal arts minor in German studies Students must complete a minimum of 24 credits in German beyond first year. The courses required are 301, 316, 318, 340, 408 and either 340 or 440 181 or 182 is also required. 170 (College of Arts and Sciences) Requirements for the liberal arts minor in Japanese language and civilization Students must complete 20 credits, including 214, 215, 316/318, 355 and 351 plus 220, a corequisite course. Concentration in French studies Coordinator: Stacey Hahn The concentration in French studies provides an interdisciplinary understanding of French culture for students not majoring in French. Courses in French language, literature, civilization, art history and history are required. Students should refer to the Other Academic Options section for concentration requirements. Requirements for the secondary teaching minor in a modern language The requirement for a secondary teaching minor in a modern language is a minimum of 20 credits in one language. Of these, 16 credits must be at the 300-400 level, including 314, 316 and 370 in French, Russian and Spanish and 301, 316, 318 and 371 in German. Generally, a cumulative grade point average of 3.00 is required in courses included in the minor, with no single course grade below 2.0. Second undergraduate degree candidates completing the minor may be required to take additional courses at Oakland University beyond the stated minimums. Students must consult with the secondary education minor adviser in the department. In addition 427, Methods of Teaching Secondary Students, is required. Requirements for an elementary teaching major in a modern language For students who wish to teach a foreign language at the elementary or junior high school level, the requirements are a minimum of 36 credits with at least 20 credits at the 300-400 level. For complete details on other requirements, including courses in education, consult the Department of Curriculum, Instruction and Leadership section in the School of Education and Human Services portion of this catalog. Requirements for an elementary teaching minor in a modern language Requirements are a minimum of 24 credits with at least 8 credits at the 300-400 level and including 301 in German. For complete details on other requirements, including courses in education, consult the Department of Curriculum, Instruction and Leadership section in the School of Education and Human Services portion of this catalog. Certificate in teaching English as a second language Students may earn a certificate in teaching English as a second language (ESL) by completing the following courses 201 418, and 419 or their equivalents. In any case, a student must complete 12 credits in linguistics courses at to obtain this certificate. Students interested in earning this certificate should contact an adviser in the Department of Linguistics. Course Offerings The department offers selected courses from this catalog as warranted by student needs and availability of faculty. Specific offerings for each term may be found in the Schedule of Classes 114-115 Introduction to Chinese and Chinese Culture (4 each two-semester sequence in the fundamentals of modern Mandarin Chinese (kuo-yu) and Chinese culture beginning course 114 must be taken first 114 or 115 satisfies the university general education requirement in language (College of Arts and Sciences) 171 214-215 Second Year Chinese (4 each two-semester sequence continuing the work of 114-115, with the addition of cultural and literary readings 214 must be taken first. Prerequisite: One year of college Chinese or equivalent 114-115 Introduction to French and French Culture (4 each two-semester sequence in the fundamentals of French and French culture beginning course 114 must be taken first 114 or 115 satisfies the university general education requirement in language 214 Second Year French (4 ) Continuation of the work started in 114-115. Prerequisite: One year of college French or equivalent 215 Intermediate French Grammar (4) Review of the essentials of French grammar. The course focuses on reading and composition. Conducted in French. Prerequisite 214 216 Basic French Conversation (2) Designed to develop the student\u2019s ability to organize and express ideas in French with a minimum of inhibition. Prerequisite 115 290 Directed Readings in French (2 or 4 reading course for nonmajors in research in a particular area. Approximately 50 hours of reading per credit; one conference weekly with the instructor. Prerequisite 215 312 French Phonetics and Listening Comprehension (2) Group and individual practice in the sound system of French, with special attention to listening comprehension problems. Both written and laboratory work required. Offered fall semester. Prerequisite 215 314 Advanced French Grammar (4) Review of French grammar through a variety of approaches such as reading, translation and composition. Conducted in French. Prerequisite 215 316 Intermediate French Conversation (2) Practice in speaking at intermediate level. Format may include oral presentations and phonetics. Offered winter semester. Prerequisite 215 318 French Composition (2) Practice in written composition. Techniques of textual analysis and exposition are introduced. Offered fall semester. Prerequisite 215 351 French Civilization (4) An overview of contemporary life, education and socio-economic conditions in France. Conducted in French. Offered in alternate years. Prerequisite 215 355 Translation into English (4) Translation from French to English of materials that may range from commercial and technical to literary. Offered winter semester. Prerequisite 314. 172 (College of Arts and Sciences 357 French Business Communication (4) Introduction to basic business communication skills, including essential reading, writing and speaking activities. Offered in alternate years. Prerequisite 314 369 Field Experience in Teaching French in Elementary and Middle Schools (2 or 4) Provides supervised experience in teaching French in elementary and middle schools. Graded S/U. May be repeated for credit once. Does not carry credit toward departmental major. Prerequisite 314 370 Introduction to French Literature (4) An introduction to textual analysis based on selected readings. Conducted in French. Offered fall semester. Prerequisite 215 314 is highly recommended 380 Survey of French Literature (4 survey of French literature. Intended to supplement the work of 370. Conducted in French. Offered winter semester. Prerequisite 370 390 Directed Readings in French (2 or 4) Directed individual readings in French. May be repeated for a total of 8 credits. Prerequisite: Permission of instructor 408 Advanced French Conversation (2) Practice in speaking at an advanced level. Format may include oral presentations and readings. Prerequisite 314 and 316 416 From the Middle Ages through the Sixteenth Century (4 study of works in various genres of several periods. Works and authors may include epics, bawdy tales, courtly romances, Villon, Rabelais and Montaigne. Conducted in French. Prerequisite 314, 370 and 380 417 The Seventeenth and Eighteenth Centuries (4 study of works in various genres by leading French authors such as Pascal, Corneille, Racine, Moliere, La Fontaine, Montesquieu, Diderot, Rousseau and Voltaire. Conducted in French. Prerequisite 314, 370 and 380 419 The Nineteenth Century (4 study of works in various genres by leading French authors such as Stendhal, Balzac, Hugo, Nerval, Flaubert, Zola, Baudelaire and Mallarme. Conducted in French. Prerequisite 314, 370 and 380 420 The Twentieth Century (4 study of contemporary works from various genres demonstrating different approaches. Prerequisite 314, 370 and 380 455 Translation into French (4) Translation from English into French of a wide variety of materials that may range from commercial and technical to literary. Offered fall semester in alternate years. Prerequisite 314, 316, 318 and 355 480 Undergraduate Seminar (2 or 4) Study of individual authors, selected themes or critical problems. Conducted in French. Prerequisite 314, 370 and 380 490 Independent Reading and Research (2, 4 or 8) Directed individual research and reading for advanced French majors. May be repeated for a total of 8 credits. Prerequisite: Two 400-level French literature courses and permission of department 491 Independent Translation Project (4, 6 or 8) Directed annotated translation from French into English of a major work in the student\u2019s field. May not be counted toward the major. Prerequisite 355 and 455 and permission of department (College of Arts and Sciences) 173 114-115 Introduction to German and German Culture (4 each two-semester sequence in the fundamentals of German and German culture beginning course 114 must be taken first 114 or 115 satisfies the university general education requirement in language 214-215 Second Year German (4 each two-semester sequence continuing the work of 114-115, with the addition of cultural and literary readings 214 must be taken first. Prerequisite: One year of college German or equivalent 290 Directed Readings in German (2 or 4 reading course for nonmajors interested in research in a particular area. Approximately 50 hours of reading per credit; one conference weekly with the instructor. Prerequisite 215 301 Intermediate German (4) Review and refinement of German grammatical and literary skills with an emphasis on the development of cultural understandings. Offered fall semester. Prerequisite 215 or equivalent 316 Intermediate German Conversation (2) Provides a transition between the carefully structured activities of other intermediate courses and free manipulation of the spoken language. Must be taken concurrently with 318. Offered winter semester. Prerequisite 301 or equivalent 318 German Composition (2) Practice in written composition. Techniques of textual analysis and exposition are introduced. Must be taken concurrently with 316. Offered winter semester. Prerequisite 301 or equivalent 340 German Culture (4) German culture of the twentieth century, with emphasis on the period since World War and particularly the present. Conducted in German. Offered fall semester in alternate years. Prerequisite 301 or equivalent 355 Translation: German (4) Translation from German to English of a range of materials from commercial and technical to literary, with an emphasis on idiomatic English. Offered fall semester. Prerequisite 316 and 318 369 Field Experience in Teaching German in Elementary and Middle Schools (2 or 4) Provides supervised experience in teaching German in elementary and middle schools. Graded S/U. May be repeated for credit once. Does not carry credit toward departmental major. Prerequisite 301 371 Introduction to the Study of German Literature (4) Introduction to literary genres and critical approaches, using selected works of German literature. Conducted in German. Prerequisite 215 381 Great Works in German Literature (4 historical survey. Conducted in German. Prerequisite 215 390 Directed Readings in German (2 or 4) Directed individual readings in German. May be repeated for a total of 8 credits. Prerequisite: Permission of instructor 392 Germany Exchange Program: Language (4) Course is taught at the University of Oldenburg in Germany and includes the study of German grammar. German is the language of instruction. Prerequisite: Permission of program coordinator. 174 (College of Arts and Sciences 393 Germany Exchange Program: Literature (4) Course is taught at the University of Oldenburg in Germany and includes the study of German literature. German is the language of instruction. Prerequisite: Permission of program coordinator 394 Germany Exchange Program: Conversation, Comprehension, Writing (4) Course is taught at the University of Oldenburg in Germany and includes German conversation, comprehension and writing. German is the language of instruction. Prerequisite: Permission of program coordinator 395 Germany Exchange Program: German Culture (4) Course is taught at the University of Oldenburg in Germany and includes German history, geography and contemporary civilization. German is the language of instruction. Prerequisite: Permission of program coordinator 408 Advanced German Conversation (4) Practice in speaking at the advanced level. Format may include oral presentations and readings. Prerequisite 316 or permission of instructor 413 From the Middle Ages through the Seventeenth Century (4 study of works in all genres by leading authors of the period including Walter von der Vogelweide, Wolfram von Eschenbach, Gottfried von Strassburg and Grimmelshausen. Conducted in German. Prerequisite 371 and 381 418 The Eighteenth Century (4 study of representative works of Lessing, Goethe and Schiller, which exemplify the intellectual and artistic currents of this period. Conducted in German. Prerequisite 371 and 381 419 The Nineteenth Century (4 study of works in all genres by leading authors of the period with emphasis on the lyric poetry of Romanticism, the dramas of Kleist, Grillparzer and Hebbel, and the novella of Poetic Realism. Conducted in German. Prerequisite 371 and 381 420 The Twentieth Century (4 study of works and movements in various genres from Naturalism to the present by authors such as Schnitzler, Toller, Brecht, Mann, Boll, Wolf, Celan and Kirsch. Conducted in German. Prerequisite 371 and 381 440 German Culture (4) Culture in history before 1900. The course covers the principal characteristics of culture and civilization generally regarded as important by German-speaking people themselves. Conducted in German. Offered winter semester in alternate years. Prerequisite 340 or reading ability at the fourth-year level 455 Translation into German (4) Translation from English into German of a wide variety of materials ranging from commercial and technical to literary. Individual students may emphasize areas of interest. Offered winter semester in alternate years. Prerequisite 318 and 355 457 Business German (4) Introduction to the essential vocabulary and style specific to German business as well as to the basic workings of the German economy. All language skills receive equal emphasis. Prerequisite 316 and 318 480 Undergraduate Seminar (2 or 4) Study of individual authors, selected themes or critical problems. Conducted in German. Prerequisite 371 and 381 (College of Arts and Sciences) 175 490 Independent Reading and Research (2, 4 or 8) Directed individual research and reading for advanced German majors. May be repeated for a total of 8 credits. Prerequisite: Two 400-level German literature courses and permission of department 491 Independent Translation Project (4, 6 or 8) Directed annotated translation from German into English of a major work in the student\u2019s field. May not be counted toward the major. Prerequisite 355 and 455 and permission of department 492 Germany Exchange Program: Language (4) Course is taught at the University of Oldenburg in Germany and includes the study of German grammar. German is the language of instruction. Prerequisite: Permission of program coordinator 493 Germany Exchange Program: Literature (4) Course is taught at the University of Oldenburg in Germany and includes the study of German literature. German is the language of instruction. Prerequisite: Permission of program coordinator 494 Germany Exchange Program: Conversation, Comprehension, Writing (4) Course is taught at the University of Oldenburg in Germany and includes the study of German conversation, comprehension and writing. German is the language of instruction. Prerequisite: Permission of program coordinator 495 Germany Exchange Program: German Culture (4) Course is taught at the University of Oldenburg in Germany and includes the study of German history, geography and contemporary civilization. German is the language of instruction. Prerequisite: Permission of program coordinator 114-115 Introduction to Hindi and Urdu Languages and Cultures (4 each two-semester sequence of the fundamentals of both Hindi and Urdu languages and cultures beginning course 114 must be taken first 114 or 115 satisfies the university general education requirement in language 114-115 Introduction to Italian and Italian Culture (4 each two-semester sequence of the fundamentals of Italian and Italian culture beginning course 114 must be taken first 114 or 115 satisfies the university general education requirement in language 214-215 Second Year Italian (4 each two-semester sequence continuing the work of 114-115 with the addition of cultural and literary readings 214 must be taken first. Prerequisite: One year of college Italian or equivalent 390 Directed Readings in Italian (2 or 4) Directed individual readings in Italian. May be repeated for a total of 8 credits. Prerequisite: Permission of instructor 114-115 Introduction to Japanese and Japanese Culture (4 each two-semester sequence in the fundamentals of Japanese and Japanese culture beginning course 114 must be taken first 114 or 115 satisfies the university general education requirement in language 214-215 Second Year Japanese (4 each two-semester sequence continuing the work of 114-115, with the addition of cultural and literary readings 214 must be taken first. Prerequisite: One year of college Japanese or equivalent. 176 (College of Arts and Sciences 316 Intermediate Japanese Conversation (2) Practice in speaking at intermediate level. Format may include oral presentations and phonetics. Must be taken concurrently with 318. Prerequisite 215 318 Japanese Composition (2) Practice in written composition. Techniques of textual analysis and exposition are introduced. Must be taken concurrently with 316. Prerequisite 215 351 Japanese Civilization (4) Survey of Japanese culture and civilization from topical and historical perspectives. Diverse materials include newspaper articles, films and critical writings. Conducted both in English and Japanese. Prerequisite 355 355 Translation: Japanese (4) Translation from Japanese to English of a range of materials from commercial and technical to literary, with emphasis on idiomatic English. Prerequisite 316 and 318 390 Directed Readings in Japanese (2 or 4) Directed individual readings in Japanese. May be repeated for a total of 8 credits. Prerequisite: Permission of instructor 457 Business Japanese (4) Introduction to the essential vocabulary and style specific to Japanese business as well as to the basic working of the Japanese economy. The course will broaden one\u2019s understanding of Japanese society through analysis of Japanese business practices. Conducted in Japanese. Prerequisite 316 and 318 or equivalent 114-115 Introduction to Russian and Russian Culture (4 each two-semester sequence in the fundamentals of Russian and Russian culture beginning course 114 must be taken first 114 or 115 satisfies the university general education requirement in language 214-215 Second Year Russian (4 each two-semester sequence continuing the work of 114-115, with the addition of cultural and literary readings 214 must be taken first. Prerequisite: One year of college Russian or equivalent 290 Directed Readings in Russian (2 or 4 reading course for nonmajors interested in research in a particular area. Approximately 50 hours of reading per credit; one conference weekly with the instructor. Prerequisite 215 314 Grammar Review Through Translation (4) Review of Russian grammar through translation of a variety of materials from English to Russian and Russian to English. Prerequisite 215 316 Intermediate Russian Conversation (2) Provides a transition between the carefully structured drills of other intermediate courses and free manipulation of the spoken language. Should be taken concurrently with 318. Prerequisite 215 318 Russian Composition (2) Practice in written composition. Techniques of textual analysis and exposition are introduced. Should be taken concurrently with 316. Prerequisite 215 (College of Arts and Sciences) 177 355 Translation: Russian (2) Translation from Russian to English of a range of materials from commercial and technical to literary, with an emphasis on idiomatic English. Prerequisite 314 370 Introduction to Russian Literature (4 sampling of critical approaches to the study of some masterpieces of Russian literature. Conducted in Russian. Prerequisite 215 380 Survey of Russian Literature (4) Masterpieces of Russian literature. Conducted in Russian. Prerequisite 370 400 Special Topics in Language (2 or 4) Special problems or topics selected by the instructor. May be repeated for a total of 4 credits. Prerequisite 314, 316 and 318 408 Advanced Russian Conversation (2) Practice in speaking at an advanced level, which may include style and delivery appropriate to formal and informal speaking situations. May include oral presentations, self-recording and critique. Prerequisite 316 420 The Twentieth Century (4 study of works in all genres by Russian authors of the period, including Bunin, Zamiatin and Solzhenitsin. Conducted in Russian. Prerequisite 370 and 380 455 Translation into Russian (4) Translation from English into Russian of a wide variety of materials ranging from commercial and technical to literary. Individual students may emphasize area of interest. Prerequisite 318 and 355 480 Undergraduate Seminar (2 or 4) Study of individual authors, selected themes, or critical problems. Prerequisite 370 and 380 490 Independent Reading and Research (2, 4 or 8) Directed individual research and reading for advanced Russian majors. May be repeated for a total of 8 credits. Prerequisite: Two 400-level Russian literature courses and permission of department 491 Independent Translation Project (4, 6 or 8) Directed annotated translation from Russian into English of a major work in the student\u2019s field. May not be counted toward the major. Prerequisite 355 and 455 and permission of department 114-115 Introduction to Spanish and Spanish Culture (4 each two-semester sequence in the fundamentals of Spanish and Spanish culture beginning course 114 must be taken first 114 or 115 satisfies the university general education requirement in language 214-215 Second Year Spanish (4 each two-semester sequence continuing the work of 114-115, with the addition of cultural and literary readings 214 must be taken first. Prerequisite: One year of college Spanish or equivalent 290 Directed Readings in Spanish (2 or 4 reading course for nonmajors interested in research in a particular area. Approximately 50 hours of reading per credit; one conference weekly with the instructor. Prerequisite 215. 178 (College of Arts and Sciences 313 Spanish Phonetics (2) Group and individual practice in the sound system of Spanish, with specific reference to interference from English. Both written and laboratory work required. Prerequisite 215 314 Grammar Review (4) Review of Spanish grammar and syntax through translation, reading, composition, and directed conver- sation. Prerequisite 215 316 Intermediate Spanish Conversation (2) Provides a transition between the carefully structured drills and free manipulation of the spoken language. Must be taken with 318. Prerequisite 314 318 Spanish Composition (2) Development of written composition skills including description, narration and exposition. Must be taken with 316. Prerequisite 314 351 Spanish Civilization (3) Historical approach to Spanish culture and civilization, with emphasis on geography, social structure, philosophical thought, music, art and architecture. Prerequisite 215 355 Translation: Spanish into English (4) Translation from Spanish to English of a variety of materials that may range from commercial, technical to literary texts. Offered winter semester. Prerequisite 314 369 Field Experience in Teaching Spanish in Elementary and Middle Schools (2 or 4) Provides supervised experience in teaching Spanish in elementary and middle schools. Graded S/U. May be repeated for credit once. Does not carry credit toward departmental major. Prerequisite 215 370 Introduction to Spanish Literature (4 study of literary genres and movements based on selected masterpieces of Spanish literature. Conducted in Spanish. Offered fall semester. Prerequisite 215 380 Introduction to Spanish-American Literature (4) Further study of literary genres and movements based on selected masterpieces of Spanish-American literature. Conducted in Spanish. Offered winter semester. Prerequisite 370 390 Directed Readings in Spanish (2 or 4) Directed individual readings in Spanish. May be repeated for a total of 8 credits. Prerequisite: Permission of instructor 408 Advanced Spanish Conversation and Composition (4) Development of advanced writing and conversational skills with emphasis on appropriate vocabulary, style, grammar and syntax. Offered fall semester. Prerequisite 316 and 318 415 Medieval Literature of the Iberian Peninsula (4) Socio-historic and literary analyses of the Mozarabic jarchas, several archetypes of the Iberian epic, Medieval ejempla, parables, drama and poetry. Conducted in Spanish. Prerequisite 370 and 380 416 Spanish Literature \u2014 Fifteenth and Sixteenth Centuries (4) Following a brief introduction to medieval origins, a study of works in various genres by leading Spanish authors of the Renaissance period. Conducted in Spanish. Prerequisite 370 and 380 (College of Arts and Sciences) 179 417 Spanish Literature \u2014 Seventeenth Century (4 study of works in various genres by leading Spanish authors of the Baroque period. Conducted in Spanish. Prerequisite 370 and 380 418 Cervantes (4) Socio-historic and literary analyses of Don Quijote de la Mancha and other representative works of Miguel de Cervantes. Conducted in Spanish. Prerequisite 370 and 380 419 Spanish Literature \u2014 Eighteenth and Nineteenth Centuries (4 study of works in various genres by leading Spanish authors beginning with Neoclassicism and including Naturalism. Conducted in Spanish. Prerequisite 370 and 380 420 Spanish Literature \u2014 Twentieth Century (4 study of works in various genres by leading modern and contemporary Spanish authors from the Generation of \u201998 to the present. Conducted in Spanish. Prerequisite 370 and 380 455 Translation: English into Spanish (4) Translation from English to Spanish using a variety of materials that may range from commercial, technical to literary texts. Offered fall semester. Prerequisite 314 and 318 457 Business Spanish (4) Introduction to the essential vocabulary and style specific to Spanish business as well as to the basic workings of the Hispanic economy. All language skills receive equal emphasis. Prerequisite 314, 316 and 318 480 Undergraduate Seminar (2 or 4) Study of individual authors, selected themes or critical problems. Conducted in Spanish. Prerequisite 370 and 380 488 Spanish-American Literature before 1888 (4 study of works in various genres by leading Spanish-American authors from the Colonial Period to Modernism. Conducted in Spanish. Prerequisite 370 and 380 489 Spanish-American Literature after 1888 (4 study of works in various genres by leading Spanish-American authors of modern and contemporary literature. Conducted in Spanish. Prerequisite 370 and 380 490 Independent Reading and Research (2, 4 or 8) Directed individual research and reading for advanced Spanish majors. May be repeated for a total of 8 credits. Prerequisite: Two 400-level Spanish literature courses and permission of department 491 Independent Translation Project (4, 6 or 8) Directed annotated translation from Spanish into English of a major work or works in the student\u2019s field. May not be counted toward the major. Prerequisite 355 and 455 and permission of department 100 Introduction to Asian Literature (4 survey of the four great Asian literary traditions: China, Japan, India and Middle East. Satisfies the university general education requirement in literature 181 European Literature (4 study of the main literary currents as reflected in continental European masterpieces up to 1850. All works read in English translations. Satisfies the university general education requirement in literature. 180 (College of Arts and Sciences 182 European Literature (4 study of the main literary currents as reflected in continental European masterpieces from 1850 to the present. All works read in English translations. Satisfies the university general education requirement in literature 251 Studies in Foreign Film (4 study of film as a mirror of the cultures and aesthetics of various societies. Topics to be selected by the instructor 375 Topics in Foreign Literature (4 study of the main literary currents of a particular century or era of a major foreign literature. All works read in English translation. May not be used to satisfy requirements in the Department of Modern Languages and Literatures. May be repeated for credit with readings from a different foreign literature in English translation 191-192 Tutorial in Foreign Language (4 each) Instruction in the elements of a spoken or written foreign language such as Arabic, Bengali, Czech, Sanskrit, Catalan, etc. for which no regular course sequence exists at Oakland University. May be repeated for credit in a different language each time. Satisfies the university general education requirement in language. Prerequisite: Permission of instructor 211 Diction for Singers, First Semester (2 basic course to instruct voice students in the techniques for pronouncing foreign languages. Extensive work with the International Phonetic Alphabet, tapes, and native speakers. Italian and Latin will be stressed. Offered fall semester in alternate years 212 Diction for Singers, Second Semester (2 continuation of 211 with emphasis on German and French. Extensive work with transcription techniques, tapes and native speakers. Offered winter semester in alternate years. Prerequisite 211 290 Topics Related to Foreign Language Study (2 or 4) Topics explored in areas not normally a part of regular offerings in language or literature. May be repeated for a total of 8 credits. Prerequisite: Permission of instructor 291-292 Intermediate Tutorial in Foreign Language (4 each) Intermediate work in a language and literature not normally taught at Oakland University. May be repeated for credit. Prerequisite: Permission of instructor 390 Advanced Study of Topics Related to Foreign Languages and Cultures (2 or 4) Topics are explored in areas not normally a part of regular offerings in language, culture or literature. May be repeated for a total of 8 credits. Prerequisite: Permission of department 391-392 Advanced Tutorial in Foreign Language (4 each) Advanced work in a language not normally taught at Oakland University. May be repeated for credit 399 Field Experience in a Modern Language (4) Field experience in an appropriate employment setting correlated with directed study assignments relating the experience to the knowledge and skills developed by the foreign language student. May not be repeated for credit. Prerequisite or 314, 316 and 318; or 316 and 318 440 Interactive Technology: Computers in Foreign Language Teaching (4) The course will develop competency in creating supplementary computer software for foreign language classes in the schools. It will include designing and field-testing interactive computer programs, profi- ciency-based units, and programs for \u2018\u2018housekeeping chores.\u2019\u2019 In addition, students will learn to evaluate commercial material. Prerequisite: B.A. or B.S. or completion of 428 or equivalent (methodology of teaching foreign languages) or permission of the instructor. Major or minor in a foreign language or English as a second language. Prior experience with computers highly recommended (College of Arts and Sciences) 181 315 (248) 370-2030 Fax: (248) 370-2041 Chairperson: Karl Boelter Professors emeriti: David Daniels, John Dovaras, Robert Facko, Carol Halsted, Adeline G. Hirschfeld-Medalia, Stanley Hollingsworth Professors: Laurie Eisenhower, Flavio Varani, John Paul White, Jacqueline Wiggins Associate professors: Lettie Alston, Karl Boelter, Michael Gillespie, Kerro Knox, Gregory Patterson, Karen Sheridan Assistant professors: Gregory Cunningham, David Kidger, Kenneth Kroesche, Michael Mitchell, Diane Helfers Petrella, James W. Wells Special instructors: Danny Jordan, Thomas Suda Visiting assistant professor: Mariah Malec Adjunct assistant professors: Janice Albright, Edith Diggory Special lecturers: Patricia Gibbons, Lois Kaarre, Leslie Littell, Debra Siegel, Mark Stone, Phyllis White Lecturers: Barbara Bland, Donna Buckley (costume shop), Terry Carpenter, Rick Carver, Lori Cleland, Frederic DeHaven, Candace deLattre, Nadine DeLeury, Ronald DeRoo, Kitty Dubin, Connie Dugger, John Hall, Rebecca Happel, Suzanne Hawkins, Terry Herald, Iacob Lascu, Ruth LeBay, Lynnae Lehfeldt, Roberta Lucas, Angel Maclean, Thomas Mahard, Eric Maher (scene shop), John Manfredi, Daniel Maslanka, Lisa McCall, Cheryl Ogonowski, Patrick O\u2019Sullivan, Andrea Piejak, Diane Raymond, David Reed, Phyllis Relyea, Alayne Rever, Elizabeth Rowin, August Thoma, Carol Yamasaki Applied music instructors: Janice Albright (voice), Kerstin Allvin (harp), Barbara Bland (voice), Douglas Cornelsen (clarinet), Frederic DeHaven (organ), Candace deLattre (voice), Nadine DeLeury (cello), Edith Diggory (voice), Roma Duncan (flute), Kirkland Ferris (bassoon), Shari Fiore (accompanist), John Hall (guitar), Rebecca Hammond (oboe), Rebecca Happel (piano accompanist), Maxim Janowsky (double bass), Danny Jordan (jazz piano), Lois Kaarre (accompa- nist), Vladimir Kalmsky (accompanist), Mark Kieme (jazz saxophone), James William King (clarinet), Rich Kowalewski (bass guitar, jazz double bass), Daniel Maslanka (percussion, jazz percussion), Nick Petrella (percussion), Alayne Rever (saxophone), Elizabeth Rowin (violin, viola), Mary Siciliano (piano), Gordon Simmons (trumpet), Flavio Varani (piano), Corbin Wagner (French horn), John Paul White (voice), Tatyana Zut (accompanist), Stanley Zydek (accompanist) The Department of Music, Theatre and Dance offers the following programs: Bachelor of Arts with a major in music; Bachelor of Arts with performing arts majors in dance, music theatre, theatre performance, and theatre production; Bachelor of Music with majors in music education, vocal, piano, organ, and instrumental performance or composition; and Master of Music with concentrations in performance, pedagogy, conducting, music education or composition. Liberal arts minors are offered in music, theatre or dance; a secondary teaching minor is offered in dance. 182 (College of Arts and Sciences) The department offers student performance opportunities in dramatic productions, dance recitals, music ensembles and recitals, and music theatre. Departmental honors and awards Departmental honors will be awarded for a combination of academic achievement (mini- mum 3.30 GPA), artistry in the major area of study and contribution to the operations of the department. The department presents a number of awards each year to students for outstanding performance and service. The Distinguished Musicianship Award is the department\u2019s highest musical honor. Outstanding Student Awards are presented to students who distinguish themselves in piano, vocal, and instrumental performance as well as in music education, music theatre and composition. Alumni Arts Achievement Awards are presented in dance, music and theatre, and the Tomasi Merit Award recognizes a student distinguished in popular or jazz music. The Joyce Weintraub Adelson Memorial Award for Piano Ensemble honors the memory of an Oakland University piano instructor and the Jennifer Scott Memorial Award honors the memory of an Oakland University student. The Gittlin Theatre, Gittlin Achieve- ment Awards and the Jacob Decker Award for Dance are scholarships offered to students of promise and outstanding ability. The department awards both a Distinguished Community Service Award and an Outstanding Student Service Award. The degree programs offered by the Department of Music, Theatre and Dance are fully accredited by the National Association of Schools of Music, the National Association of Schools of Theatre, and the National Association of Schools of Dance. Degree Programs Requirements for the liberal arts major in music, B.A. program This degree is for students who wish a broad general education without a high degree of specialization in music. Students must successfully complete the departmental ear-training examination and must fulfill the events attendance requirement as described in the department\u2019s Music Handbook. Students should consult with a departmental adviser to plan their degree program. Only major courses in which a grade of at least 2.0 has been earned will count toward the major. This degree program requires a minimum of 124 credits. A. Liberal arts requirements: Credits Writing proficiency 150/160 or equivalent) 0-8 University general education requirements (music courses may not be used to fulfill the arts category) 32 College distribution requirements: 2 additional courses from any two of the distribution categories except art/literature and language 8 Ethnic diversity requirement (may be satisfied by general education or distribution course, if chosen from appropriate list) 0-4 Language: Modern language course (115 or higher) 4-8 Note: this major requirement will fulfill both general education and distribution language requirements. B. Music requirements 112/113, 114/115, 212/213, 214/215 Music Theory/Ear Training 16 course selected from 311, 312, 410, 411 4 120 Introduction to Non-Western Music 2 121 Introduction to Western Music History 2 320, 321 Western Music History and Literature 8 Ensembles 301, 304, 320, or 331 (must enroll in ensemble that uses primary performance area every semester of major) 4 (College of Arts and Sciences) 183 Applied music (single instrument/voice) to be chosen in consultation with adviser; must progress to and pass 300-level applied 12 Applied music elective (may include conducting, and keyboard techniques if applied area is not piano) 4 Music history or music theory electives chosen from 200, 236, 336, 338, 428, 429 or 260, 261, 311, 312, 314, 410, 411 8 Non-credit requirements: Ear training proficiency Events attendance requirement Requirements for the liberal arts majors in the performing arts, B.A. degree program This degree is intended for students who wish to pursue careers in the general performing arts and who wish to specialize in dance, theatre performance, theatre production or music theatre. Students must successfully complete the performance production requirement, the events attendance requirement and the senior interview as described in the department\u2019s Dance and Theatre Handbooks. Students should consult with a departmental adviser to plan their degree program. These degree programs require a minimum of 124 credits. Requirements for the liberal arts major in dance, performing arts, B.A. program A. Liberal arts requirements: Credits Writing proficiency 150/160 or equivalent) 0-8 University general education requirements (music, theatre and dance courses used to satisfy the core may not be used to fulfill the arts category) 32 College distribution requirements: 3 additional courses from any two of the distribution categories except art/literature 12 Ethnic diversity requirement (may be satisfied by general education or distribution course, if chosen from appropriate list) 0-4 Language: one semester of a modern language course 4 Note: this major requirement will fulfill the general education requirement. B. Core and courses in consultation with the 8 student\u2019s adviser C. Dance requirements 170 Dance Improvisation/Choreography 2 330 Kinesiology for the Dancer 4 350 Creative Dance for Children 4 372 Choreography 4 376 Practicum: Rehearsal and Performance (2 semesters) 2 400 Ballet (2 semesters) 4 410 Modern Dance (2 semesters) 4 425 Issues and Trends in 20th Century Dance 2 428 Opportunities and Careers in Dance 2 441 Dance Pedagogy 4 472 Choreography 4 Dance electives from 130, 140, 200, 210, 220, 221, 222, 299, 300, 310, 320, 373, 374, 420, 423, 430, 480, 490, 497, 498 6 184 (College of Arts and Sciences 110 Musical Form and Comprehension 2 44 Non-credit requirements: Senior interview in dance Performance production requirement Events attendance requirement Requirements for the liberal arts major in music theatre, performing arts, B.A. program A. Liberal Arts Requirements: Credits Writing proficiency 150/160 or equivalent). 0-8 University general education requirements (music, theatre and dance courses may not be used to fulfill the arts category). 32 College distribution requirements: 3 additional courses from any two of the distribution categories except art/literature. 8 Ethnic diversity requirement (may be satisfied by general education or distribution course, if chosen from appropriate list). 0-4 Language: one semester of a modern language course. 4 Note: this major requirement will fulfill the general education requirement. B. Core and courses 8 chosen in consultation with the student\u2019s adviser. C. Music Theatre Requirements 110 Acting: Fundamentals 2 120 Stagecraft or 121: Costume Craft 2 220 Theatre Ensemble (2 semesters) 4 305 History and Performance of Music Theatre 4 310 Acting: Realism 2 160 Vocal Techniques 2 100-300 Applied voice 10 110 Musical Form and Comprehension 2 111 Notation of Musical Ideas 2 350 Opera Workshop and/or 351 Musical Theatre Workshop (2 semesters) 2 373 Dance for the Musical Theatre 2 Dance technique course (may not be satisfied by 130) 2 Music ensemble elective(s) from any course(s) 2 Electives from any departmental course 6 44 Non-credit requirements: Senior interview in theatre performance Performance production requirement Events attendance requirement (College of Arts and Sciences) 185 Requirements for the liberal arts major in theatre performance, performing arts, B.A. program A. Liberal Arts Requirements: Credits Writing proficiency 150/160 or equivalent). 0-8 University general education requirements (music, theatre and dance courses) may not be used to fulfill the arts category). 32 College distribution requirements: 3 additional courses from any two of the distribution categories except art/literature 8 Ethnic diversity requirement (may be satisfied by general education or distribution course, if chosen from appropriate list.) 0-4 Language: one semester of a modern language course. 4 Note: this major requirement will fulfill the general education requirement. B. Core and courses chosen in consultation with the student\u2019s adviser. 8 Theatre performance requirements 110 Acting: Fundamentals 2 120 Stagecraft 2 121 Costume Craft 2 220 Theatre Ensemble (2 semesters) 4 301, 302 Theatre History 8 310 Acting: Realism 2 330 Stage Management 2 331 Stage Manager Project 2 405 Directing 2 406 Directing 2 Design electives: 2 courses chosen from 320, 321, 322, 323, 324, 325 6-8 or dramatic literature electives (e.g 105 Shakespeare 306 Drama 307 Modern Drama 315 Shakespeare) 8-10 42-46 Non-credit requirements: Senior interview in music theatre Performance production requirement Events attendance requirement Requirements for the liberal art major in theatre production, performing arts, B.A. program A. Liberal Arts Requirements: Credits Writing proficiency 150/160 or equivalent). 0-8 University general education requirements (music, theatre and dance courses may not be used to fulfill the arts catagory). 32 College distribution requirements: 3 additional courses from any two of the distribution categories except art/literature. 8 186 (College of Arts and Sciences) Credits Ethnic diversity requirement (may be satisfied by general education or distribution course, if chosen from appropriate list.) 0-4 Language: one semester of a modern language course. 4 Note: this major requirement will fulfill the general education requirement. B. Core and courses chosen in consultation with the student\u2019s adviser. 8 Theatre production requirement 110 Acting Fundamentals 2 120 Stagecraft 2 121 Costume craft 2 222 Drafting for the Theatre 2 223 Rendering and Model Making for the Theatre 2 301 Theatre History 4 302 Theatre History 4 330 Stage Management 2 331 Stage Manager Project 2 405 Directing 2 Design electives: 3 courses chosen from 320, 321, 322, 323, 324, 325 10-12 Theatre electives (any course, except 100, not used for specialization requirements) 4-6 42-46 Non-credit requirements: Senior interview in theatre production Performance production requirement Events attendance requirement Requirements for the Bachelor of Music degree The Bachelor of Music degree is intended for students who wish preprofessional and professional preparation in music education, performance and composition. Students must successfully complete the departmental ear-training examination and must fulfill the events attendance requirement as described in the department\u2019s Undergraduate Music Handbook. Students should consult with a departmental adviser to plan their degree program. Only major courses in which a grade of at least 2.0 has been earned will count toward the major. Requirements are as follows: Requirements for the major in instrumental music education, Bachelor of Music program Students majoring in music education must successfully complete 156-165 credits as distributed in their specific curriculum: 40-48 credits of liberal arts, 20 credits of professional education requirements, and 97 credits in music requirements. A. Liberal arts requirements: Writing proficiency 150/160 or equivalent completed at 3.0 or higher) 0-8 University general education requirements (arts requirement satisfied by 320) 32 Ethnic diversity requirement (satisfied by 538) 0-4 Language: modern foreign language course (115 or higher) 4-8 Note: this major requirement will fulfill both general education and distribution language requirements (College of Arts and Sciences) 187 B. School of Education requirements 538 Teaching Reading in the Content Areas 4 455 Internship in Secondary Education (5th year) 12 501 Intro to the Student with Special Needs 4 20 Michigan Test for Teacher Certification: Basic Skills, Music Education C. Music requirements 112/113, 114/115, 212/213, 214/215 Music Theory/Ear Training 16 course selected from 311, 312, 410, 411 4 120 Introduction to Non-Western Music 2 121 Introduction to Western Music History 2 320, 321 Western Music History and Literature 8 161 Vocal Techniques for Instrumentalists 2 251-253, 255-258 Beginning instrument classes 10 Applied major (MUA; normally an orchestral instrument; must include 2 semesters at the 400-level) 16 Keyboard techniquesMUA 171, 271, 371 6 Minimum of 2 credits selected from 260 310, 315, 340, 341, 345, 346, 365 2 Ensembles 301, 304, 320, or 331 (must enroll in ensemble that uses primary performance area every semester of major) 8 140 Teaching and Learning Music 1 240 Educational Psychology and Music Learning 4 241 Methods of Teaching Music 4 400 Elementary Instrumental Methods 2 404 Secondary Instrumental Methods 2 395-396 Conducting 4 531 Philosophical and Historical Foundations of Music Education 4 97 Non-credit requirements: Ear training proficiency Events attendance requirement minimum grade of 3.0 is required in all professional courses. Application for music education major standing takes place upon completion of 241. Requirements for the major in choral/general music education, Bachelor of Music program Students majoring in music education must successfully complete 156-160 credits as distributed in their specific curriculum: 40-48 credits of liberal arts, 20 credits of professional education requirements, and 88-92 credits in music requirements. A. Liberal arts requirements: Writing proficiency 150/160 or equivalent, completed at 3.0 or higher) 0-8 University general education requirements (arts requirement satisfied by 320) 32 Ethnic diversity requirement (satisfied by 538) 0-4 Language: modern foreign language course (115 or higher) plus 211-212 Diction for singers (offered only in alternate years) 8-12 Note: this major requirement will fulfill both general education and distribution language requirements. 188 (College of Arts and Sciences) B. School of Education requirements 538 Teaching Reading in the Content Areas 4 455 Internship in Secondary Education (5th year) 12 501 Intro to the Student with Special Needs 4 20 Michigan Test for Teacher Certification: Basic Skills, Music Education C. Music requirements: voice piano major major 112/113, 114/115, 212/213, 214/215 Music Theory/Ear Training 16 16 course selected from 311, 312, 410, 411 4 4 120 Introduction to Non-Western Music 2 2 121 Introduction to Western Music History 2 2 320, 321 Western Music History and Literature 8 8 160 Vocal Techniques 2 0 161-162 Vocal Techniques for Instrumentalists 0 4 370 Accompanying for Nonpianists 1 0 375 Accompanying for Piano Majors 0 1 Applied voice MUA, must include 2 semesters at the 400-level for voice majors 14 4 Keyboard Techniques 171, 271, 371, 471, and applied piano 10 0 Applied Piano (MUA, must include 2 semesters at the 400-level) 0 16 250 Instrumental Methods for Vocal Majors 2 0 Ensembles 301, 304, 320, or 331 (must enroll in ensemble that uses primary performance area every semester of major) 8 8 Minimum of 2 credits selected from 260 310, 315, 340, 341, 345, 346, 365 2 2 140 Teaching and Learning Music 1 1 240 Educational Psychology and Music Learning 4 4 241 Methods of Teaching Music 4 4 341 Methods of Teaching Music 2 2 403 The School Choral Program 2 2 395-396 Conducting 4 4 531 Philosophical and Historical Foundations 4 4 of Music Education 92 88 Non-credit requirements: Ear training proficiency Events attendance requirement minimum grade of 3.0 is required in all professional courses. Application for music education major standing takes place upon completion of 241. Requirements for the major in vocal performance, Bachelor of Music program This degree program requires a minimum of 124 credits. A. Liberal arts requirements: Writing proficiency 150/160 or equivalent) 0-8 University general education requirements (arts requirement satisfied by 320) 32 Ethnic diversity requirement (may be satisfied by general education or distribution course, if chosen from appropriate list) 0-4 (College of Arts and Sciences) 189 Language: Italian, French or German course numbered 115 or higher, plus 211-212 Diction for Singers (offered only in alternate years) 8-12 Note: this major requirement will fulfill both general education and distribution language requirements. B. Music requirements 112/113, 114/115, 212/213, 214/215 Music Theory/Ear Training 16 course selected from 311, 312, 410, 411 4 120 Introduction to Non-Western Music 2 121 Introduction to Western Music History 2 320, 321 Western Music History and Literature 8 361-362 Vocal Literature 4 395-396 Conducting required 4 160 Vocal Techniques 2 Applied major (must include 2 semesters at the 400 level) 22 Applied minor (keyboard unless excused by proficiency equivalent to 471) 8 Ensembles 301, 304, 320, or 331 (must enroll in ensemble that uses primary performance area every semester of major) 8 Accompanying 370 or 375 1 Senior recital 499 2 82 Non-credit requirements: Ear training proficiency Events attendance requirement Requirements for the major in piano performance, Bachelor of Music program This degree program requires a minimum of 124 credits. A. Liberal arts requirements: Writing proficiency 150/160 or equivalent) 0-8 University general education requirements (arts requirement satisfied by 320) 32 Ethnic diversity requirement (may be satisfied by general education or distribution course, if chosen from appropriate list) 0-4 Language course (German, French or Italian recommended) numbered 115 or higher 4-8 Note: this major requirement will fulfill both general education and distribution language requirements. B. Music requirements 112/113, 114/115, 212/213, 214/215 Music Theory/Ear Training 16 course selected from 311, 312, 410, 411 4 120 Introduction to Non-Western Music 2 121 Introduction to Western Music 2 320, 321 Western Music History and Literature 8 455, 457 Piano Repertoire 4 441, 442 Piano Pedagogy 4 443, 444 Keyboard Skills for the Piano Major 4 395-396 Conducting required 4 Applied major must include 2 semesters at the 400 level) 24 190 (College of Arts and Sciences) Ensembles 301, 304, 320, or 331 (must enroll in ensemble that uses primary performance area every semester of major) 8 Accompanying 375 (1) and 390 (2) 3 Senior recital 499 2 82 Non-credit requirements: Ear training proficiency Events attendance requirement Fifteen minute sophomore recital Twenty-five minute junior recital Requirements for the major in organ performance, Bachelor of Music program This degree program requires a minimum of 124 credits. A. Liberal arts requirements: Writing proficiency 150/160 or equivalent) 0-8 University general education requirements 32 (arts requirements satisfied by 320) Ethnic diversity requirement (may be satisfied by general education or distribution course, if chosen from appropriate list) 0-4 Language: German course numbered 115 or higher 4-8 Note: this major requirement will fulfill both general education and distribution language requirements. B. Music requirements 112/113, 114/115, 212/213, 214/215 Music Theory/Ear Training 16 course selected from 311, 312, 410, 411 4 120 Introduction to Non-Western Music 2 121 Introduction to Western Music History 2 320, 321 Western Music History and Literature 8 Music Literature/Pedagogy requirement: 4 credits chosen from 360, 361, 455, or 495 4 395-396 Conducting 4 480 Advanced Choral Conducting 2 Applied major (16 credits organ, 4 credits piano including 2 semesters at the 400 level) 20 Applied minor 161-162 and 4 credits 100 8 Ensembles 301, 304, 320, or 331 (must enroll in ensemble that uses primary performance area every semester of major) 8 Accompanying 375 (1) and 390 (2) 3 Senior recital 499 2 83 Non-credit requirements: Ear training proficiency Events attendance requirement Requirements for the major in instrumental performance, Bachelor of Music program This degree program requires a minimum of 124 credits (College of Arts and Sciences) 191 A. Liberal arts requirements: Writing proficiency 150/160 or equivalent) 0-8 University general education requirements (Arts requirements satisfied by 320) 32 Ethnic diversity requirement (may be satisfied by general education or distribution course, if chosen from appropriate list) 0-4 Language course (Italian, French or German recommended) numbered 115 or higher 4-8 Note: this major requirement will fulfill both general education and distribution 36-52 language requirements. B. Music requirements 112/113, 114/115, 212/213, 214/215 Music Theory/Ear Training 16 course selected from 311, 312, 410, 411 4 120 Introduction to Non-Western Music 2 121 Introduction to Western Music History 2 320, 321 Western Music History and Literature 8 395-396 Conducting 4 471 Keyboard or equivalent proficiency 0-8 Applied principal instrument 100-200 level (2 credits per semester) 16 Applied principal Instrument 300-400 level (4 credits per semester) 8 Large ensembles Band or orchestra (must enroll every semester of major) 8 Small ensemble 4 381-382 Instrumental Repertoire and 2 447 The Instrumental Teaching Studio 2 499 Senior recital 2 78-86 Non-credit requirements: Ear training proficiency Events attendance requirement Requirements for the major in composition, Bachelor of Music program This degree program requires a minimum of 124 credits. A. Liberal arts requirements: Writing proficiency 150/160 or equivalent) 0-8 University general education requirements (arts requirement satisfied by 320) 32 Ethnic diversity requirement (may be satisfied by general education or distribution course, if chosen from appropriate list) 0-4 Language course (German recommended) numbered 115 or higher 4-8 Note: this major requirement will fulfill both general education and distribution language requirements. B. Music requirements 112/113, 114/115, 212/213, 214/215 Music Theory/Ear Training 16 advanced theory course selected from 311, 312, 410, 411 4 260, 261, Creative Composition 4 415 Composition 4 120 Introduction to Non-Western Music 2 121 Introduction to Western Music History 2 320, 321 Western Music History and Literature 8 192 (College of Arts and Sciences 395-396 Conducting 4 471 Keyboard or equivalent proficiency 0-8 Applied major 8 Ensembles 301, 304, 320, or 331 (must enroll in ensemble that uses primary performance area every semester of major) 6 499 Senior recital 2 78-86 Non-credit requirements: Ear training proficiency Events attendance requirement Ensemble requirements All students registered and pursuing a degree of Bachelor of Music or Bachelor of Arts with a major in music must be enrolled and participating in at least one of the following ensembles each fall and winter semester: Pontiac Oakland symphony, Symphonic Band, University Chorus, or Oakland Chorale. All instrumental music majors pursuing a B.A. or degree program are required to participate as a member of the Golden Grizzly Athletic Band during their freshman year. In addition, students are encouraged participate to in as many other ensembles as desired. Major standing All music students are assigned to the B.A. music curriculum; theatre and dance students are assigned to the performing arts majors in theatre and dance. Approval to enter a specific program of the department is given by the departmental faculty by result of a major standing jury. During the semester in which the prospective major expects to complete 30 credits toward the desired degree program, the student should apply to the Department of Music, Theatre and Dance for major standing. Major standing juries are held during finals week of fall and winter semesters jury before the faculty is then scheduled. The nature of the jury depends on the intended degree program. Those students who decide to begin studies toward a degree of the department after 30 credits have already been obtained, or transfer to Oakland with 30 credits or more, should apply for major standing during their first semester of departmental studies. See the department\u2019s Undergraduate Music, Theatre or Dance Handbooks for more information. To apply for major standing, students must: 1. Meet with a departmental adviser and prepare a program plan. 2. Complete an application for major standing and submit it with the completed program plan to the department office. 3. Perform for a major standing jury or present a major standing portfolio in the applied specialization. Auditions Students who wish to be admitted to Oakland University as music majors in the Department of Music, Theatre and Dance or who wish to pursue a liberal arts minor in music, must audition for the department\u2019s faculty. Audition days are held several times each year. Students should contact the department for specific days and times and to make arrangements for this audition. They should be prepared to demonstrate proficiency in a specialty. Auditions for music ensembles are held during the first few days of each semester. Auditions for other groups and theatrical productions are announced throughout the year (College of Arts and Sciences) 193 Applied music juries Music majors must play for a jury in their major performing medium at the end of each fall and each winter semester of applied study; in some cases, a jury in a performance minor may also be required. Failure to complete this requirement will result in an \u2018\u2018I\u2019\u2019 (Incomplete) grade. For specific jury requirements, students should consult the head of their division. Music Education Program (K-12) The Music Education Program at Oakland University is an extended program of study leading to K-12 certification in choral, general and instrumental music. This program is offered in conjunction with the Secondary Teacher Education Program (STEP) in the School of Education and Human Services (SEHS). Students in this program must complete the requirements for a Bachelor of Music degree in music education (with emphasis in either choral/ general music or instrumental music), which includes course work in the department and in SEHS. The program does not require a teaching minor. Students must consult with an adviser in the Department of Music, Theatre and Dance. Once students are accepted for major standing in music education, participation in field placements is required during each semester of attendance. For students enrolled in music education courses, the placement will be connected to the methods courses. Juniors and seniors who are not enrolled in methods courses are expected to participate in field placements each semester until internship total of 160 hours of fieldwork is required before a student enters the internship semester. All field placements are arranged through the Office of Field Placements in the School of Education and Human Services, 385 Education Building, (248) 370-3060. Requirements for the teaching minor in dance To earn the teaching minor in dance, students must complete a minimum of 28 credits distributed as follows: 1 170, 330, 350, 376, 425, 428, 441 2. 8 credits selected from 200, 300, 400 210, 310, 410 220, 320 130. This minor is designed for K-12 certification. Requirements for the liberal arts minor in music The student who wishes to earn a liberal arts minor in music must first audition for the department. It is the same audition required by music majors and intended to confirm that the student is prepared for these classes. To earn a minor in music, students must complete a minimum of 24 credits in music chosen in consultation with a department adviser as follows: 6 credits of applied music (MUA); 4 credits music ensembles (MUE); 8 credits of music theory (MUT); 6 credits of music history (selected from any combination of 120, 121, 200, 236, 320, 321, 336, 338, 428, 429). Requirements for the liberal arts minor in theatre To earn a minor in theatre, students must complete a minimum of 20 credits distributed as follows 110, 2 credits in 120 or 121; 4 credits in theatre history; 4 credits in design chosen from 320, 321, 322, 323, 324, 325; and 4 additional credits from any theatre course(s) except 100. Requirements for the liberal arts minor in dance To earn a minor in dance, students must complete a minimum of 20 credits including 10 credits in 170, 173 and 372; 4 credits from 330 and 472; and 6 credits from any other courses. 194 (College of Arts and Sciences) Course Offerings The department offers selected courses from this catalog as warranted by student needs and availability of faculty. Specific offerings for each term may be found in the Schedule of Classes. Many courses in the rubrics and are restricted to students who have declared a liberal arts minor in music or who are officially majoring in one of the department\u2019s music curricula: the liberal arts major in music and the performing arts major, theatre arts in the Bachelor of Arts degree program or any of the majors in the Bachelor of Music degree program. To take a course that is restricted, students must perform a successful entrance audition. See \u201cAuditions.\u201d Only the following and courses are open to non-majors 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 130, 131, 132, 133, 134, 135, 136 (all with permission of instructor 150, MUA, 151 100, 200, 334, 336, 338, 353, 354 109, 110, 111,260, 261. All courses are open to non-majors \u201cApplied music\u201d refers to study of a given instrument or voice. There are two types of applied study\u2014individual lessons and class group lessons. Both types involve an applied music fee in addition to tuition (see Course Fees students may study applied music providing they meet minimum criteria established by the department and pass a placement audition The courses below have four course-level designations. All students begin their enrollment in an applied specialty at the 100 level. Student advancement to the higher levels is determined by the results of applied music juries. Two semesters at the 400 level are required in the major performing medium before graduation. In all music major curricula except the major in composition, Bachelor of Music degree program, the courses below have credit options of 1 or 2; or 1, 2 or 4. Four credits is the correct enrollment for applied study for students who are junior or senior status and otherwise have been accepted into the Bachelor of Music in performance programs. This 4 credit enrollment requires an hour lesson per week with an extensive demand for practice and literature study. For all other curricula, including minors and non-majors, the correct enrollment is 1 credit for a half-hour lesson per week and 2 credits for an hour lesson per week. All courses of applied individual lessons may be repeated for credit. All students enrolled in individual lessons must also attend a weekly studio or master class 100 Voice (1, 2 or 4) Prerequisite 150 or 160 for one semester 200 Voice (1 or 2 300, 400 Voice (1, 2 or 4 101, 201 Piano (1 or 2 301, 401 Piano (1, 2 or 4 102, 202, 302, 402 Organ (1 or 2 103, 203, 303 403 Harpsichord (1 or 2 104, 204 Violin (1 or 2 304, 404 Violin (1, 2 or 4 105, 205 Viola (1 or 2 305, 405 Viola (1, 2 or 4 106, 206 Violoncello (1 or 2 306, 406 Violoncello (1, 2 or 4 107, 207 Double Bass (1 or 2 307, 407 Double Bass (1, 2 or 4 108, 208 Flute (1 or 2 308, 408 Flute (1, 2 or 4 109, 209 Oboe (1 or 2 309, 409 Oboe (1, 2 or 4 (College of Arts and Sciences) 195 110, 210 Clarinet (1 or 2 310, 410 Clarinet (1, 2 or 4 111, 211 Bassoon (1 or 2 311, 411 Bassoon (1, 2 or 4 112, 212 French Horn (1 or 2 312, 412 French Horn (1, 2 or 4 113, 213 Trumpet (1 or 2 313, 413 Trumpet (1, 2 or 4 114, 214 Trombone (1 or 2 314, 414 Trombone (1, 2 or 4 115, 215 Tuba (1 or 2 315, 415 Tuba (1, 2 or 4 116, 216 Timpani (1 or 2 316, 416 Timpani (1, 2 or 4 117, 217, Percussion (1 or 2 317, 417 Percussion (1, 2 or 4 118, 218 Harp (1 or 2 318, 418 Harp (1, 2 or 4 119, 219, 319, 419 Guitar (1 or 2 120, 220, 320, 420 Bass Guitar (1, or 2 122, 222, 322, 422 Lute (1 or 2 123, 223, 323, 423 Recorder (1 or 2 124, 224 Saxophone (1 or 2 324, 424 Saxophone (1, 2 or 4 130, 230, 330, 430 Piano (jazz) (1 or 2 131, 231, 331, 431 Guitar (jazz) (1 or 2 132, 232, 332, 432 Trumpet (jazz) (1 or 2 133, 233, 333, 433 Saxophone (jazz) (1 or 2 134, 234, 334, 434 Percussion (jazz) (1 or 2 135, 235, 335, 435 Double Bass (jazz) (1 or 2 136, 236 Euphonium (1 or 2 336, 436 Euphonium (1, 2, or 4 149, 249, 349, 449 Applied Music (1 or 2 149-449 may be used to increase the number of private lessons in the student\u2019s major or minor performing medium and must be taken with one of the applied music courses above 150 Vocal Techniques for Non-Majors (2) Introduction to the technique of singing geared to the non-major. Basic breath control, voice placement, and diction, with an emphasis on healthy voice production crossing musical styles 151 Beginning Piano for Non-Majors (2) Introduction to basic keyboard skills, designed for students with little or no musical background 160 Vocal Techniques (2) Techniques of singing, including diction, breath control, projection and repertoire. This course is a prerequisite to private voice study. Preference for openings in this course is given to music majors 161 Vocal Techniques for Instrumentalists (2) Introduction to singing with emphasis on alignment, breath control, projection, basic anatomy of the voice, and voice health, including the speaking voice. Fall semester 162 Vocal Techniques for Instrumentalists (2) Continuation of the basic techniques of 161 with more detailed attention to diction (International Phonetic Alphabet). Winter semester. Prerequisite 161 171, 271, 371, 471 Keyboard Technique (2 each) Development of the basic keyboard facility essential to any musician and some acquaintance with keyboard literature. May not be repeated for credit 171 requires placement exam and permission of instructor. Prerequisite: permission of instructor. 196 (College of Arts and Sciences 250 Instrumental Methods for Vocal Majors (2) Introduction to the teaching of basic performance skills on band and orchestral instruments for students majoring in choral/general music education. Winter semester 251 Methods of Teaching Beginning Strings (2) Principles and practices of teaching beginning violin, viola, cello and bass students in school music programs. Includes basic string technique for teachers 252 Methods of Teaching Experienced Strings (2) Principles and practices of teaching experienced violin, viola, cello and bass students in school music programs. Includes more advanced string technique for teachers 253 Methods of Teaching Flute and Single Reeds (2) Principles and practices of teaching flute, clarinet and saxophone students in school music programs. Includes basic playing technique for teachers 255 Methods of Teaching Double Reeds (2) Principles and practices of teaching oboe and bassoon students in school music programs. Includes basic playing technique for teachers 256 Methods of Teaching High Brass (2) Principles and practices of teaching trumpet and French horn students in school music programs. Includes basic playing technique for teachers 257 Methods of Teaching Low Brass (2) Principles and practices of teaching trombone, euphonium and tuba students in school music programs. Includes basic playing technique for teachers 258 Methods of Teaching Percussion (2) Principles and practices of teaching percussion students in school music programs. Includes basic playing technique for teachers 361-362 Vocal Literature and (2 each survey of literature for the voice with emphasis on historical style 361 covers the Middle Ages through the 19th century, with emphasis on German song 362 continues through the 19th and 20th centuries, emphasizing French, British and American. Prerequisite 212 (may be taken concurrently) and permission of instructor 370 Accompanying for the Nonpianist (1) Basic accompanying skills for the non-piano major. Designed for music education majors who will need basic accompanying skills to function effectively in choral and general music classrooms 375 Accompanying for Piano Majors (2) Accompanying for students whose major instrument is piano 381 Instrumental Repertoire (1) Examination of instrumental repertoire with emphasis on chamber music, solo literature, and orchestral excerpts specific to the instrument of study. Prerequisite: Junior standing 382 Instrumental Repertoire (1) Continuation of 381. Prerequisite 381 443 Keyboard Skills for the Piano Major (2) Functional skills for keyboard majors, including sight-reading, transposition, harmonization and score- reading. Prerequisite: Piano as principal applied instrument. For piano performance and music education piano concentration majors only (College of Arts and Sciences) 197 444 Keyboard Skills for the Piano Major (2) Continuation of 443. Prerequisite 443 495 Directed Applied Study (1 or 2) Directed independent applied instrumental study Prerequisite: Permission of department 499 Senior Recital (2 recital approximately one hour in length (not including pauses and intermission) in which student demonstrates his/her creative and artistic abilities. Required in some music curricula as the culminating project before graduating, optional in others. Prerequisite: At least one semester of 400-level applied study for performance and music education curricula, or 415 for composition. Corequisite: 400-level applied study for performance and music education curricula, or 415 for composition Music ensembles are open to all students by audition. May be repeated for credit. Students may pre-register for the ensemble of their choice; auditions are held during the first week of classes for most ensembles 301 University Chorus (0 or 1) Performance of a wide range of the large-group choral repertoire. No audition required 302 Community Chorus (0 or 1) Festival-type mixed chorus for citizens of the surrounding communities who possess vocal experience. Performance of varied choral literature. Meets in the evening 303 Men\u2019s Chorus (0 or 1) Performance of tenor-bass choral literature of all styles and periods 304 Oakland Chorale (0 or 1) Performance of a wide range of choral chamber repertoire from Renaissance to the present. Prerequisite: Permission of instructor 308 Meadow Brook Estate (0 or 1 show ensemble presenting staged and choreographed shows. Rigorous performance schedule in professional situations. Auditions are held prior to the beginning of the semester. Prerequisite: Permission of instructor 310 Vocal Improvisation Workshop (2 laboratory in vocal improvisation designed to increase skills in performing commercial and popular music. Prerequisite: Permission of instructor 315 Vocal Jazz Ensemble (0 or 1) Ensemble performance of complex vocal jazz works. Development of jazz style and blend, scat-singing, solo production and microphone technique. Prerequisite: Permission of instructor 320 Pontiac-Oakland Symphony (0 or 1) Orchestral performance of repertoire from the 18th, 19th and 20th centuries. Several concerts per year, on- and off-campus. Accompaniments for solo concertos and university choral groups. Membership by audition. Graded S/U. Prerequisite: Permission of instructor 329 Concert Band (0 or 1 non-auditioned instrumental ensemble designed to offer performance opportunities for non-majors and laboratory experiences for music majors. 198 (College of Arts and Sciences 331 Symphonic Band (0 or 1) An ensemble of wind instruments performing standard concert band literature. Prerequisite: Permission of instructor 332 Golden Grizzly Athletic Band (0 or 1) An instrumental ensemble that performs at various Oakland university campus and athletic events. Prerequisite: Permission of the instructor 340 Oakland University Jazz Band (0 or 1 big band jazz ensemble performing traditional and contemporary jazz literature. Experience will be gained in ensemble and improvisational performance. Audition required. Prerequisite: Permission of instructor 341 Jazz Improvisation Workshop (0 or 1 performance practice laboratory designed to increase improvisational skills indigenous to jazz perfor- mance and to identify systematically and use stylistic characteristics of various jazz subcategories 345 African Ensemble (0 or 1) Study and performance of drumming and xylophone traditions as related to African oral culture using authentic Ghanaian and Ugandan instruments 346 Steel Band (0-1) Study and performance of various Trinidian and Caribbean styles using handcrafted steel drums 347 Rhythm and Movement Workshop (0 or 1) Study of percussion as related to dance. Emphasis will be on the interrelated nature of these two art forms. Prerequisite: Permission of the instructor 345, 346 recommended 350 Opera Workshop (0 or 1) Study and experience in various forms of operatic music theatre. Prerequisite: Permission of instructor 351 Musical Theatre Workshop (0 or 1) Performance and study of repertory of the musical theatre. Prerequisite: Permission of instructor 360 Collegium Musicum (0 or 1) Performance of Medieval, Renaissance and Baroque music in various vocal and instrumental combina- tions. Period instruments and performance practices are emphasized. Graded S/U. Prerequisite: Permission of instructor 365 Contemporary Music Ensemble (0-1) The study and performance of recent music, focusing on student literature, repertoire, and non-jazz improvisation. Prerequisite: Permission of instructor 370 Guitar Ensemble (0 or 1) Performance practice and techniques of guitar literature involving two or more players 371 Saxophone Ensemble (0 or 1) Performance, practice and techniques of saxophone literature involving two or more players 372 Flute Ensemble (0 or 1) Performance, practice and techniques of flute literature involving two or more players 373 Percussion Ensemble (0 or 1) Performance of music for various combinations of percussion instruments. Prerequisite: Permission of instructor 374 Brass Ensemble (0 or 1) Performance, practice and techniques of brass literature involving two or more players (College of Arts and Sciences) 199 375 Piano Ensemble (0 or 1) Class instruction in performance and repertory of multiple keyboard literature. Prerequisite: Permission of instructor 376 String Ensemble (0 or 1) Performance, practice and techniques of string literature involving two or more players 380 Chamber Music (0 or 1) Performing ensemble of various instrumentations spectrum of appropriate music literature, medieval through contemporary. Prerequisite: Permission of department 390 Accompaniment Practicum (0 or 1) Experience in piano accompaniment of solo and/or ensembles, vocal and instrumental. May be repeated once for credit. Prerequisite 375 or permission of instructor 100 An Introduction to Music (4) An introduction to the techniques of listening to great music, and a study of its elements, forms and styles. Begins at the level of the student lacking previous musical experience. An elective for nonmusic majors. Satisfies the university general education requirement in arts 120 Introduction to Non-Western Music (2) Introduction to world music and musical styles from major cultural and ethnic groups, and also to the discipline of ethnomusicology. Primarily for music majors. Corequisite 112 121 Introduction to Western Music History (2) Introduction to western music, concentrating on major composers, styles, forms and cultural and historical contexts. Primarily for music majors. Corequisite 114 140 Teaching and Learning Music (1) Introduction to the teaching and learning of music in classroom and studio settings. Ten hours field observation required 200 Cultural Foundations and Historical Development of Rock Music (4 study of rock music rooted in African and African-American cultures as the result of social upheavals and economics and as a continuous and overwhelming influence on today\u2019s American society. Satisfies the university ethnic diversity requirement. Satisfies the general education requirement in arts 231 Studies in Orchestral Music (1 or 2) Seminars, independent study and performance of orchestral music, including study of performance practices, theory, history and chamber music of various periods. Offered summer session 236 Music in African Culture (4) Survey of music cultures in sub-Saharan Africa through the study of musical styles and aesthetics found within selected ethnic groups. Emphasis on cultural context and the relationship of music to language, dance and ritual. Satisfies the university general education requirement in arts 240 Educational Psychology and Music Learning (4) Theories of learning and their implication for and application to music education practice, including study of developmentalist, behaviorist, cognitivist and constructivist theories and what they imply about the nature of teaching and learning in classroom and studio settings. Some field observation required. Prerequisite 121, 140 114, 115. 200 (College of Arts and Sciences 241 Methods of Teaching Music (4) Principles and practices of teaching music, based on experiences in the elementary general music classroom. Emphasis on the development of musical understanding through an interactive approach, including study of current trends in education and music education. Two hours per week participation in on-site field observation and teaching required. Prerequisite 240 251 Applied Music (1 or 2) Independent study for freshmen and sophomores in the technique and literature of a performing medium. Offered spring and summer terms. Prerequisite: Permission of department 295 Independent Study (1, 2 or 4) Normally for freshmen and sophomores. Prerequisite: Permission of department 318 Business of Music (4 survey of business techniques and procedures, laws, licensing and accounting practices in the music industry, and a study of career opportunities related to music 320 Western Music History and Literature (4) Survey of western music from the middle ages to the end of the baroque (ca. 800 to ca. 1750). Primarily for music majors. Satisfies the university general education requirement in arts. Prerequisite 121 and 114, or permission of instructor 321 Western Music History and Literature (4) Survey of western music from the classical period to the present (ca. 1750 to the present). Primarily for music majors. Prerequisite 121 and 114 or permission of instructor 327 Twentieth Century Music (2 study of significant styles and composers from Debussy to the present. Prerequisite 121 and 114 334 History of Film Music (4) Survey of music written for film from the early sound films to recent contributions using the range of genres from symphonic to popular idioms. Emphasis on how music shapes a film\u2019s emotion, pacing and subtext. Satisfies the university general education requirement in arts 336 Music of the Americas: African Origins (4) Study of the African-based music traditions found in the Caribbean Islands, South America and the United States. Emphasis on cultural context and the development of new musical forms by African- Americans. Satisfies the university ethnic diversity requirement 338 Jazz and Blues: American Musics (4) Survey of jazz and blues styles, performers and examples, in the context of the historical, social, economic and political background. Satisfies the university ethnic diversity requirement. Satisfies the general education requirement in arts 341 Methods of Teaching Music (2) Principles and practices of teaching music, based on experiences in the secondary music classroom. Emphasis on the development of musical understanding through an interactive approach, including study of current trends in education and music education. Three hours per week participation in on-site field observation and teaching required. Prerequisite 241 351 Commercial Music Seminar (4 study of commercial music careers and performance techniques for singers and instrumentalists. Prerequisite: Sophomore standing 353 Audio Techniques (2) Study of electronic issues, basic hardware, and acoustical phenomena associated with sound recording and sound reinforcement. Projects will involve the recording of live concerts. Prerequisite: Sophomore standing (College of Arts and Sciences) 201 354 The Recording Studio (2) Continuation of 353 and a study of recording, editing, mixing and mastering in a recording studio. The experience will conclude with the mastering of a CD. Prerequisite 353 360-361 Church Music and (2 each) Study of liturgy and hymnology. Development of skill in service playing at the organ, chant accompani- ment, modulation and improvisation. Combination of organ and choral repertoire for church service. Offered in alternate years. Prerequisites for 360 320, 321. Prerequisite for 361 360 395-396 Conducting and (2 each) Basic techniques of conducting. Both choral and instrumental techniques are studied. Students are assigned to a conducting or performance lab at least one hour per week. Prerequisite 214 400 Elementary Instrumental Methods (2) Provides practical information related to the teaching of elementary instrumental music. Develops strategies for creative learning. Three hours per week field experience is required. Prerequisite 214 403 The School Choral Program (2) Principles and practices for organizing and running a successful choral program in elementary school, middle school and high school: e.g., recruiting, criteria for selection of repertoire, performance and management techniques. Emphasis on developing musical understanding through the performance experience. Three hours per week field experience is required. Prerequisite 396 or permission of instructor 404 Secondary Instrumental Methods (2) Provides practical information related to the teaching of middle school and high school instrumental music: e.g., teaching strategies, repertoire, materials and techniques. Emphasis on developing musical understanding through the performance experience. Three hours per week field experience is required. Prerequisite 396 or permission of instructor 405 Marching Band Techniques (2) Provides practical information related to the organization and teaching of marching band. Topics include strategies and techniques for teaching, rehearsal, and student motivation. Introduction to show design and drill writing. Three hours per week field experience is required. Prerequisite 395-396 and 214 428 Opera (2) History of opera from Monteverdi to Mozart. Detailed study of selected examples, concentration on the interaction of musical and dramatic form, and consideration of performance practice issues. Prerequisite 320, 321 429 Opera (2) History of opera from Beethoven to present. Detailed study of selected examples, concentration on the interaction of music and text, and consideration of musical and dramatic characterization. Prerequisite 320, 321 441 Piano Pedagogy (2) Instructional strategies for teaching the beginning piano student, including methods, materials and the use of music technology. Various aspects of establishing and managing a piano studio will be addressed. Weekly observations required. Prerequisite: Permission of instructor 442 Piano Pedagogy (2) Instructional strategies for teaching the intermediate and advanced piano student, including methods, materials, repertoire and the use of music technology. Includes weekly observations and supervised teaching. Prerequisite 441. 202 (College of Arts and Sciences 447 Instrumental Teaching Studio (2) Instructional strategies for teaching instrumental music in a private studio, including methods, materials, and music technology. Prerequisite: Junior standing 448 Group Piano Pedagogy (2) Pedagogy for teaching group piano at all levels, preschool through adult, including college non-music majors and music majors. Explore texts, supplementary materials, electronic instruments. Learn teaching techniques and group dynamics. Lecture, observation, and supervised teaching. Prerequisite: Senior standing in music and 441, 442 450 Vocal Pedagogy (2) Examination of the scientific and aesthetic principles of voice production, emphasizing both the physiological and psychological aspects of singing, with the ultimate goal of teaching others to sing. The diagnosis and correction of vocal faults working with a damaged voice will also be addressed. Prerequisite 300 451 Applied Music (1 or 2) Independent study for juniors and seniors in the technique and literature of a performing medium. Offered spring and summer terms. Prerequisite: Permission of department 455 Piano Repertoire (2) Survey of piano repertoire from the baroque to classic (ca. 1600-ca. 1820). Prerequisite: Permission of instructor 456 Survey and Study of Choral Literature (2) Study of choral literature from the Renaissance to the present. Examination of music from each period with emphasis on literature selection for choral groups, understanding and interpretation of the scores, historical accuracy in performance, and program building, with an overall eye toward practical usage. Prerequisite: Junior standing or permission of instructor 457 Piano Repertoire (2) Survey of piano repertoire from the classic to the present (ca. 1820 to the present). Prerequisite 455 or instructor permission 480 Advanced Choral Conducting (2) Studies in advanced choral technique and literature with emphasis on problem solving and practical applications. Prerequisite 396 or permission of instructor 481 Advanced Instrumental Conducting (2) Studies in advanced instrumental technique and literature with emphasis on problem solving and practical applications. Prerequisite 396 or permission of instructor 491 Directed Research in Music History (1 or 2) Directed individual reading and research for advanced music history majors. Prerequisite 321 494 Directed Research in Music Education (2 or 4) Directed individual reading and research in music instruction. Prerequisite 241, and either 403 or 404 495 Independent Study (1, 2 or 4) Normally for juniors and seniors. Prerequisite: Permission of department 497 Apprentice College Teaching (2) Supervised participation in teaching an undergraduate course in music, together with discussion of teaching methods and objectives. Prerequisite: Permission of department (College of Arts and Sciences) 203 499 Special Topics in Music (1, 2, 3 or 4) Current topics and issues in music performance and literature 109 Musical Comprehension for the Dancer (2) Study of musical comprehension with particular focus on sound organization and its relationship to physical impulse and response 110 Musical Form and Comprehension (2 study of musical communication, focusing on elements of music that impact how music is perceived and understood, such as form, cadence, gesture, texture, rhythm, meter, syncopation, tempo, key, timbre, tonality, dynamics and style. Intended for the student who does not read music 111 Notation of Musical Ideas (2 study of traditional Western music notation systems, focusing on how those systems indicate to the performer the various elements of music. Intended for the non-major, or for the music major who needs remedial preparation for 112. Prerequisite 110 or permission of instructor 112 Music Theory (3) Fundamentals of musical structure, form, analysis and style. Intended for music majors. To be taken with 113. Prerequisite 111 or placement exam 113 Ear-training (1) An ear-training laboratory to accompany 112 114 Music Theory (3) Continuation of 112. To be taken with 115. Prerequisite 112 115 Ear-training (1) An ear-training laboratory to accompany 114. Prerequisite 113 or placement exam 212 Music Theory (3) Continuation of 114. Prerequisite 114 213 Ear-training (1) An ear-training laboratory to accompany 212. Prerequisite 115 214 Music Theory (3) Continuation of 213. Prerequisite 212 215 Ear-training (1) An ear-training laboratory to accompany 214. Prerequisite 213 260 Creative Composition (2) Techniques for composing original music including approaches to conceptualization, form, texture, melody, harmony and counterpoint. Skills will be developed in music notation, synthesizers, sequences and computer software. Frequent composition projects will be assigned and performed in class 261 Creative Composition (2) Continuation of 260. Prerequisite 260. 204 (College of Arts and Sciences 311 Musical Analysis and Form (4) Techniques of analyzing works of various styles and periods with an emphasis on tonal music. Prerequisite 214 312 Counterpoint (4) Study of the contrapuntal style of the 16th and 18th century; includes composition and analysis in the styles. Prerequisite 214 314 Jazz Theory (4) Jazz notation, arranging and composition. Prerequisite 214 410 Twentieth Century Techniques (4) Compositional practices in the 20th century; composition and analysis. Prerequisite 214 411 Orchestration (4 study of the art of instrumental combination as applied to various ensemble applications, including full orchestra and band. Prerequisite 214 414 Jazz Composition and Arranging (4) Composition and arranging technique for jazz ensembles. Includes study of jazz notational systems, idiomatic jazz practice, standard jazz forms and orchestration for instruments and voice as used in jazz ensembles. Prerequisite 214 415 Composition (2) Private lessons in composition and composition laboratory: studies, exercises and projects concerning creativity and craft in composing music. Weekly seminar is also required. May be repeated for credit. Prerequisite 260 and 261 with average grade of 3.50 or higher 214 or permission of instructor 201 Performing Arts Experiences for Children (4) An introduction to the performing arts designed to provide prospective teachers with a basis and background for integrating musical, theatrical and dance experiences into classroom curricula. Prerequisite: Elementary education candidacy status required 250 The Arts in Society (4) An introduction to issues and concepts through an exploration of the artistic endeavors in specific cultures and historical time periods comprehensive approach to the arts will be involved in the study of relationships among the arts forms, with special emphasis on music, dance and drama 100 Introduction to Theatre (4) Theatre as an art form. Topics include acting, directing, design, dramatic literature, theatre history, theory and criticism. Students will view selected plays. Satisfies the university general education requirement in arts 110 Acting: Fundamentals (2) Basic physical, vocal, emotional, and intellectual techniques for the actor. Improvisation as an initial step in the development of the actor\u2019s resources and as a key to creativity. May include some exploration of scripted scenes 120 Stagecraft (2) Survey of techniques of scenery construction and stage lighting, including proper use of tools and hardware in these areas minimum of 30 hours of production work is required 121 Costume Craft (2) Survey of basic techniques of costume construction crafts, including proper use of tools and materials minimum of 30 hours of production work is required (College of Arts and Sciences) 205 210 Stage Voice (2) Development of the actor\u2019s understanding and practical command of vocal production, articulation and pronunciation 211 Stage Movement (2) Studies in various forms of movement demanded of the actor. Topics vary, e.g., period movement, T\u2019ai Cki, stage combat and voice-movement integration. May be repeated for credit 213 Mime (2) Fundamentals of mime technique for the actor 214 Alexander Technique (2) Technique for achieving greater ease and grace of movement, with special applications for the performing artist. Prerequisite: Studio course in acting, dance, voice or instrumental music. May be taken concurrently 215 T\u2019ai Chi Ch\u2019uan (2) Learning the first section of the Yang style form, students will increase their awareness of current movement habits and learn how to replace old habits with those that allow greater ease of movement, requiring less effort and muscular tension 220 Theatre Ensemble (0 or 2) Participation in a student production under faculty supervision minimum of 60 hours. Students will maintain a running log, keeping track of their time and continuously evaluating their experiences. Credit is available for on-stage and backstage work. May be repeated for a total of 8 credits 222 Drafting for the Theatre (2) Study of the visual tools of scenic presentation: drafting, sketching, and perspective. Focus on principles and techniques of theatre drafting of groundplans, scenery and lighting. An introduction to computer- assisted drafting will be included. Prerequisite 120 223 Rendering and Model Making for the Theatre (2) Study of the presentational skills of theatrical design. Focus on the development of skills and techniques in drawing, rendering, and model making for scenery, costume, and lighting. Prerequisite 120 301 Theatre History (4) Survey of theatre from its origins to about 1700, including dramatists, stages, productions, and acting few representative plays will be read. Mandatory attendance at selected live performances. May include student participation in brief performance projects. Satisfies the university general education requirement in arts 302 Theatre History (4) Survey of theatre from about 1700 to the present, including dramatists, stages, productions, and acting few representative plays will be read. Mandatory attendance at selected live performances. May include student participation in brief performance projects. Satisfies the university general education requirement in arts 305 History of Musical Theatre (4 historical overview of opera and musical theatre 310 Acting: Realism (2) Scene study focusing on the requirements of realistic acting. Accompanying work on vocal and physical technique. May be repeated once for credit. Prerequisite 110 311 Stage Dialects (2) Study of several of the stage dialects most commonly employed by American actors. Methodology for independent mastery of additional dialects. Prerequisite 110. 206 (College of Arts and Sciences 320 Scenic Design (4 study of the process of designing scenery for the stage, including conceptualization, drafting and rendering. Prerequisite 120 221 recommended 321 Lighting Design (4 study of the process of designing lighting for theatre and dance, including conceptualization, instrumentation, plotting, hanging and focusing, cueing and board operation. Prerequisite 120 221 recommended 322 Costume Design (4 study of the process of designing costumes for the stage, including research, conceptualization, materials, and rendering. Prerequisite 121 221 recommended 323 Stage Makeup (2 study of the process of designing makeup for the stage, including conceptualization, materials and application of two-dimensional designs 324 Survey of Architecture, Fashion, and Furniture (4) Survey of the 14 time periods most often used in theatrical productions. Each era will be considered through the architecture, fashion and furniture of the time. Connections will be made to the politics, music, art and literature of the era. Prerequisite: Sophomore standing 325 Costume History (4) Methods and styles of human dress from the Bronze Age to the present, including the roles of textiles and fibers and the importance of human decoration of clothing, skin, and hair. Several traditional ethnic cultures will be explored along with Western dress. Visual examples will be provided. Prerequisite: Sophomore standing 330 Stage Management (2 study of the duties and the organizational, communication and leadership skills required of the theatrical stage manager. Prerequisite 110 and 120 331 Stage Manager Project (2) Student will serve as a stage manager or assistant stage manager for a departmental production under faculty supervision. Prerequisite 330 220 recommended 340 Playwriting (4) Creative writing for the theatre, emphasizing fundamentals of scene, character and dialogue development. Identical with 308. Prerequisite 160 405 Directing (2) Theory and practice of play directing. Script interpretation, casting, staging, rehearsal techniques. Includes practical experience in directing scenes. Prerequisite 110, 120 or 121, and 320, 321, or 322 406 Directing (2) Continuation of Directing I. Culminates in the direction of a one-act play. Prerequisite 405 407 Advanced Directing Project (2) Direction of a lengthy one-act or full-length theatre piece under faculty supervision. Prerequisite 406 and instructor permission 410 Acting: Styles (2) Focuses on the requirements of various acting and period styles. Continued work on vocal and physical technique. Topics may vary. May be repeated once for credit. Prerequisite 310 (College of Arts and Sciences) 207 411 Acting: Shakespeare (2) Techniques for acting Shakespearean texts. Prerequisite 310 and permission of instructor 412 Auditions (2) Preparation for theatrical and commercial auditions. Includes selection and preparation of monologues. Prerequisite 310 and permission of instructor 425 Advanced Design Projects (2) Advanced student design projects in the areas of scenery, costumes, lighting or sound produced under faculty supervision. May be repeated for credit. Prerequisite: Permission of instructor 460 Special Topics: History and Literature of the Theatre (2 or 4) Study of topics of special interest chosen by department faculty and students. Prerequisite: Permission of instructor 470 Special Topics: Design Issues (2 or 4) Group study of topics of special interest chosen by department faculty and students. Prerequisite: Will vary with topic. Permission of instructor 480 Special Topics: Acting and Directing Issues (2 or 4) Group study of topics of special interest chosen by department faculty and students. Prerequisite: Will vary with topic; permission of instructor 490 Independent Study (1, 2, 3 or 4) Normally for juniors and seniors. Prerequisite: Permission of instructor and department 491 Internship (2 or 4) Experience working with professionals in a variety of performing arts settings. Prerequisite: Junior standing and permission of supervising faculty 100, 200, 300, 400 Ballet (2) Technique of classical ballet. Each course may be repeated for up to 8 credits 110, 210, 310, 410 Modern Dance (2) Technique of modern dance. Each course may be repeated for up to 8 credits 120, 220, 320, 420 Jazz Dance (2) Technique of jazz dance. Each course may be repeated for up to 8 credits 130 Conditioning for Dance (1) An application of specific body conditioning techniques for the dancer. May be repeated for up to 4 credits 140 African Dance (0 or 2 participatory dance course that studies and performs traditional dances from different regions of Africa. Focus is on African dance techniques and the relationship between African dance and drumming 170 Dance Improvisation/Choreography (2) An exploration of movement through improvisation. Students will develop their own movements through dance ideas and problem solving 173 Dance History and Appreciation (4 historical survey of the development of theatre dance in Western culture. Course materials presented through lecture, discussion, films, slides and viewing of live dance performances. Satisfies the university general education requirement in arts. 208 (College of Arts and Sciences 175 Ethnic Dance in America (4) Course surveys ethnic dance in America through lecture and demonstration. Dance guest artists/teachers representing different cultures will demonstrate and teach specific dance styles. The intent of the course is to aid students in understanding and appreciating ethnic diversity through dance. Satisfies the university ethnic diversity requirement. Satisfies the general education requirement in arts 221, 222 Tap Dance and (2 each) Previous dance experience not required for 221. Prerequisite for 222 221 or equivalent 299 Dance Workshop (1, 2, 3 or 4 workshop designed to give students opportunities for participation in a variety of dance experiences led by performing artists. Normally offered in the spring and summer. Graded 230 Special Dance Techniques (2) Participatory dance course designed to provide experiences with current trends in dance technique at the beginning or intermediate level 330 Kinesiology for the Dancer (4) Analysis of movement from an anatomical and mechanical point of view with emphasis on problems of dance technique. Also includes prevention and treatment of dance-related injuries. Prerequisite: Three dance courses 350 Creative Dance for Children (4) Methods and styles of teaching dance to children within schools, community centers and private studios 351 Children\u2019s Dance Theatre: Rehearsal and Performance (4) Choreography, rehearsal and performance of a dance program for children that tours local elementary schools. Prerequisite: Permission of instructor 372 Choreography (4) Theory of dance composition through reading, discussion, observation and experimentation. Lab required. Prerequisite 170 373 Dance for Music Theatre (2) An applied dance course that covers the techniques and styles of dance for music theatre prevalent from the 1920s until the present day. Prerequisite: One dance course 374 Dance for Musical Theatre (2) An applied dance course that continues the coverage of techniques and styles of dance for music theatre prevalent from the 1920\u2019s until the present day. Includes the study of ballet, jazz, folk and character dance as it pertains to music theatre. Prerequisite 373 376 Practicum: Dance Rehearsal and Performance (0 or 1 technique- and performance-based laboratory course. Each student will participate in a dance performance during the semester, either as a performer or choreographer. May be repeated for a maximum of 8 credits. Graded S/U. Prerequisite: Permission of instructor 402 Advanced Ballet: Partnering (2 404 Advanced Ballet: Pointe (1 423 Historical Dance (2) The study of Baroque, Renaissance and 19th century social dance styles. Course includes practical, theoretical and historical background (College of Arts and Sciences) 209 425 Issues and Trends in 20th Century Dance (2) Readings, videos, and discussions pertaining to dance today. Topics will range from post modernism, dance theory, dance notation, dance education, multi-cultural influences, and computers and dance 428 Opportunities and Careers in Dance (2) Survey of business techniques and procedures, laws, copyrights, grant writing and accounting practices in the field of dance; a study of the production aspects of a dance performance; and a study of career opportunities related to dance. Prerequisite: Permission of instructor 430 Special Topics (1, 2 or 4) Group study of current topics in dance. Prerequisite: Three dance courses 441 Dance Pedagogy (4) Theory and practice of teaching ballet and modern dance. Emphasis on instruction of adult-level classes. Prerequisite 200 and 210 470 Elementary Labanotation (4) An introduction to Laban\u2019s system of movement notation. Prerequisite: 12 credits in dance, including 173 472 Choreography (4) Continuation of 372 at a more advanced level. Lab required. Prerequisite 372 475 Repertory Dance Company (0 or 2) Advanced technique and performance-based laboratory course. Student will participate in rehearsals and performances of dance works by various choreographers. May be repeated for a maximum of 12 credits. Graded S/U. Prerequisite: Audition and permission of instructor 480 Senior Recital (1 or 2 dance program choreographed and performed by a student in the final year of dance study. Prerequisites: Senior standing, 24 credits in dance including 173, 372, 376 and permission of instructor 490 Independent Study (1, 2 or 4) Permission of instructor. Graded 497 Apprentice College Teaching (2 or 4) Supervised participation in teaching an undergraduate course in dance, together with discussion of teaching methods and objectives. Prerequisite: Permission of instructor 498 Apprenticeship (1 to 4) Students selected to apprentice with Eisenhower Dance Ensemble (EDE) earn credit depending upon frequency of participation grading only. Prerequisite: Instructor permission. 210 (College of Arts and Sciences 341 0 (248) 370-3390 Fax: (248) 370-3144 Chairperson: Paul R. Graves Professors emeriti: David C. Bricker, Richard W. Brooks Professor: Richard J. Burke Associate professors: Paul R. Graves, John F. Halpin, Phyllis A. Rooney Assistant professor: Elysa Koppelman, Mark Rigstad Associated faculty: Professor Ronald M. Swartz (Education and Philosophy), Associate professors Marc E. Briod (Education and Philosophy), William Fish (Education and Philosophy) Special lecturer: Patricia Trentacoste Chief adviser: Richard J. Burke Philosophy is one of the oldest yet often least understood of the liberal arts. The philosopher is interested in all aspects of human life, searching for the greatest possible clarity concerning the most fundamental questions. There is no one kind of philosophy; rather, there are many kinds, each with its own value. Philosophy has always served two functions. The first is speculative, the attempt to formulate illuminating generalizations about science, art, religion, nature, society and any other impor- tant topics. The second is critical, the unsparing examination of its own generalizations and those of others to uncover unfounded assumptions, faulty thinking, hidden implications and inconsistencies. The study of philosophy is designed to encourage a spirit of curiosity, a sensitivity toward the uses of words, and a sense of objective assessment toward oneself as well as others. Competence in philosophy is solid training for advanced study in such fields as law, government and public administration, as well as the ministry and teaching. The Department of Philosophy offers programs of study leading to the Bachelor of Arts degree with a major in philosophy, a modified major in philosophy with an international studies minor (South Asian studies program) or a concentration in linguistics or religious studies, and a minor in philosophy. Requirements for the liberal arts major in philosophy, B.A. program To earn the Bachelor of Arts degree with a major in philosophy, a student must complete a minimum of 40 credits in philosophy, including: 1. One semester of logic 102, 107 or 370 107 is strongly recommended, especially for those considering graduate work in philosophy) 2. One semester of ethics 103, 316 or 318) 3. Two semesters in history of Western philosophy 204 and 206) 4. One semester of recent American philosophy 308, 329, 333, 437 or 475) 5. At least 20 credits in courses numbered 300 or above. 6 465 (College of Arts and Sciences) 211 student may substitute other courses for any of the above with the permission of the department chairperson. Students planning to apply for graduate work in philosophy should meet with a faculty member to discuss additional appropriate course work. Departmental honors Departmental honors in philosophy are based upon three criteria: (a) general performance in philosophy courses, (b) written work in philosophy and (c) the ability to articulate philosophical ideas orally. First, students must achieve at least a 3.50 grade point average in philosophy courses. Second, those who do so and want to be considered for departmental honors should submit an example of their philosophical writing to the department chairperson early in the semester in which they expect to graduate. Normally this would be a substantial paper written in 395, but two or three papers written in other philosophy courses will be acceptable. Third, if this work is judged to be of sufficiently high quality, it will be read by the rest of the department, and a conference with the student will be arranged to give him or her an opportunity to discuss the paper (or papers) further with the faculty. The decision to award honors will then be made by the faculty based on all three criteria. Requirements for a modified major in philosophy with a concentration in linguistics, B.A. program Students with this modified major in philosophy must have a minimum of 24 credits in philosophy, including 475, and 20 credits in linguistics including: 1. One semester of logic 102, 107 or 370 2. One semester of ethics 103, 316 or 318 3. One semester of metaphysics/epistemology 204, 205, 206, 308, 329, 333, 340, 401 or 437. 4. 20 credits in or courses, including 201, 303, 304 and either 403 or 404 5 307 or 407 Requirements for a modified major in philosophy with a minor in South Asian studies or a concentration in religious studies, B.A. program Students with either of these modified majors in philosophy must have a minimum of 24 credits in philosophy including 12 credits in courses numbered 300 or above: 1. One semester of logic 102, 107 or 370 2. One semester of ethics 103, 316 or 318 3. One semester of metaphysics/epistemology 204, 205, 206, 308, 329, 333, 340, 401 or 437. For a modified major in philosophy with a minor in South Asian studies, students should see the Center for International Studies section of the catalog for the minor requirements. For a modified major in philosophy with a concentration in religious studies, students must include 325 and are encouraged to take 350. They should also consult Other Academic Options, Concentration in Religious Studies for the concentration requirements. Requirements for the liberal arts minor in philosophy To earn a minor in philosophy, students must complete a minimum of 20 credits in philosophy, including: 1. One semester of logic 102, 107 or 370 2. One semester of ethics 103, 316 or 318 212 (College of Arts and Sciences) 3. One semester of metaphysics/epistemology 204, 205, 206, 308, 329, 333, 340, 401, 437 or 475 4. At least 8 credits in courses numbered 300 or above. Course Offerings The department offers selected courses from this catalog as warranted by student needs and availability of faculty. Specific offerings for each term may be found in the Schedule of Classes. Course prerequisites Except where noted, 100-and 200-level courses have no prerequisites. Advanced courses (numbered 300 to 499) have a general prerequisite of writing proficiency, plus any special requirements listed with the course description 101 Introduction to Philosophy (4) Study of the main types and problems of Western philosophy. Readings are chosen to illustrate the development of Western thought from the ancient Greeks to the present. Offered every semester. Satisfies the university general education requirement in Western civilization 102 Introduction to Logic (4) The relationship between conclusions and statements given in support of them. In addition to elementary deductive and inductive logic, topics may include analysis of ordinary arguments, argument by analogy and informal fallacies. Offered every semester. Satisfies the university general education requirement in mathematics, logic and computer science 103 Introduction to Ethics (4) Major ethical analyses of right and wrong, good and evil, from the ancient Greeks to the present. Appeals to custom, theology, happiness, reason and human nature will be examined as offering viable criteria for judgments on contemporary issues of moral concern. Offered every semester. Satisfies the university general education requirement in Western civilization 107 Introduction to Symbolic Logic (4) Formal or symbolic logic is a study of what makes deductive arguments valid, employing symbols to represent sentences, words, phrases, etc. in order to reveal the formal structure of the arguments. Offered every year. Satisfies the university general education requirement in mathematics, logic and computer science 204 Ancient Greek Philosophy (4) The development of philosophical thought in Greece, from its beginning around 600 B.C.E. to the Hellenistic period. Emphasis on Plato and Aristotle. Satisfies the university general education requirement in Western civilization 205 Medieval Philosophy (4) The development of Christian philosophical thought in Europe, from the first to the 15th centuries. Emphasis on Augustine and Thomas Aquinas. Satisfies the university general education requirement in Western civilization 206 Early Modern Philosophy (4) The development of philosophical thought in Europe in the 17th and 18th centuries. Emphasis on Descartes, Locke, Hume and Kant. Satisfies the university general education requirement in Western civilization 300 Topics in Philosophy (4) One philosophical topic or problem at an intermediate level of difficulty. Topic to be announced in the Schedule of Classes for each semester. Prerequisite: One philosophy course 305 Philosophy of Gender (4) Philosophical issues relating to gender are explored. Different approaches toward dealing with sexism will be examined, as part of an ongoing analysis of what constitutes human nature, freedom, equality and the relationship between the individual and the state. Identical with 307. Prerequisite: One course in philosophy or in women\u2019s studies (College of Arts and Sciences) 213 307 European Philosophy since Kant (4) Among the major philosophers included are Hegel, Marx, Nietzsche and Sartre. Several types of Marxism and existentialism will be distinguished and their influence in this country will be discussed. Offered every two years. Prerequisite: One philosophy course 308 Twentieth Century British and American Philosophy (4) The issues that have dominated Anglo-American philosophy in the 20th century. The course will trace the history that has led Americans and Britons to look at philosophy in a new way, appropriate to our scientific world-view. Prerequisite: One course in logic 107 recommended) or 206 309 Philosophy of Sexuality (4) Philosophical issues related to sex, including ethical issues and clarification of contested concepts such as homosexuality, consenting adults, and pornography. Offered every other year. Prerequisite: One philosophy course 310 Philosophy of Rhetoric (4) The problem of \u2018\u2018objectivity,\u2019\u2019 the distinction between persuasion and proof, and the consequences of denying such a distinction. Readings include Plato\u2019s Gorgias, Aristotle\u2019s Rhetoric, and modern discussions of rhetoric and society. Offered every other year. Identical with 310. Prerequisite: Junior standing 311 Philosophy of Peace and War (4) Philosophical issues related to peace and war, including: just war theory, nuclear weapons, international conventions and non-violence as a strategy of conflict resolution. Offered every two years. Prerequisite: One philosophy course or junior standing 312 Aesthetics (4) The nature of aesthetic experience and aesthetic judgment in the appreciation of nature and art. Major theories of the creation and structure of works of art, and the logic and semantics of aesthetic judgment. Offered every other year. Prerequisite: One philosophy course, or a course in art, music or literature 316 Ethics in Business (4) Review of basic ethical theory, and application to typical moral problems in business practices and institutions. Prerequisite: Junior standing 318 Ethics and the Health Sciences (4) Central ethical issues in modern health care and research. Included are the distribution and allocation of health resources, the right to life and death, \u2018\u2018informed consent\u201d and eugenics. Offered every other year. Prerequisite: Junior standing 319 Philosophy of Law (4) The nature of law and legal obligation, with emphasis on the relation of law, coercion and morality. Attention is also given to such issues as the nature of legal reasoning, the justifiability of civil disobedience and the justification of punishment. Offered every other year. Prerequisite: Junior standing 103 or 241 recommended 321 Political Philosophy (4) The meanings of central concepts in political philosophy, such as justice, freedom and authority, are examined through readings in classical political philosophers and crucial problems. Offered every other year. Prerequisite: One philosophy course or junior standing 103 strongly recommended 325 Philosophy of Religion (4) Examination of arguments for and against the existence of God, the nature of religious language, and relations between religion and philosophy. Offered every other year. Identical with 325. Prerequisite: One philosophy course or junior standing. 214 (College of Arts and Sciences 329 Philosophy of Science (4) Philosophical problems arising from critical reflection on the sciences. Typical topics: the structure of scientific explanation, the nature of scientific laws and theories, causality and confirmation. Offered every other year. Prerequisite: One course in philosophy or one in natural science 330 Topics in the Philosophy of Science (4) Specialized topics such as philosophy of biology, philosophy of the social sciences, philosophy of technology, or the history and philosophy of science will be offered periodically. Topic to be announced in the Schedule of Classes. Prerequisite: Junior standing and one course in philosophy or consent of instructor 331 Philosophy of Biology (4) Philosophical examination of issues arising out of modern biology such as the nature of species, the mechanisms of natural selection, and the implications of evolutionary theory for topics such as philosophy of mind, epistemology, social and political theory, ethics and medicine. Prerequisite: One course in philosophy or one course in biology 329 recommended 333 Theories of Knowledge (4) Critical examination of knowledge claims and of the types of justification given in their support. Typical topics: skepticism, empiricism, rationalism, believing and knowing, intuition and limits of knowledge. Offered every other year. Prerequisite: One philosophy course 206 recommended 340 Metaphysics (4) Study of selected influential attempts to characterize the basic features of the world. Emphasis on reformulations of metaphysical problems in the light of modern advances in scientific knowledge. Offered every other year. Prerequisite: One philosophy course 204 recommended 350 Philosophies and Religions of Asia (4) The major religions of India, China and Japan with emphasis on their philosophical significance. The course will cover Hinduism, Jainism, Confucianism, Taoism and Buddhism, both the ancient traditions and some modern developments. Offered every other year. Identical with 350. Prerequisite: One philosophy course or junior standing 352 Indian Philosophy (4) The presuppositions and doctrines of India\u2019s major philosophic systems. Realistic, idealistic, pluralistic, dualistic and monistic systems will be considered, with some reference to contemporary developments. Offered every other year. Prerequisite 350 or 240 370 Advanced Symbolic Logic (4) Standard first-order symbolic logic, emphasizing quantification theory and including identity theory and logical semantics. The logical system is approached both as a formal system and as a theoretical analysis of human reasoning. Offered every other year. Prerequisite 102 or 107 or 130 or 012 or equivalent 390 Directed Readings in Philosophy (2) Tutorial on a topic not included in regular courses, primarily (but not exclusively) for majors. Students should consult with the department chairperson before approaching a faculty member with a topic. Graded S/U. Prerequisite: One philosophy course at Oakland and written permission of instructor; junior standing 395 Independent Study in Philosophy (4) Tutorial on a topic not included in regular courses, primarily (but not exclusively) for majors. In addition to reading and consultation, the student will write a substantial term paper. Cannot be repeated or counted toward any major or minor requirement other than degree credit without prior written approval from department chairperson. Prerequisite: One philosophy course at Oakland and written permission of department chair, form available in 341 ODH; junior standing (College of Arts and Sciences) 215 401 Study of a Major Philosopher (4 study of the works of one major philosopher. The specific philosopher will vary, but courses on Plato, Aristotle and Kant will be offered every few years. May be repeated for credit. Prerequisite: One philosophy course 204, 205, 206, 307 or 308 recommended, whichever is relevant 437 Philosophy of Mind (4) Selected topics or works in the philosophical literature about mind. Some topics are: the nature of psychological explanation, the relation of mind and body, thinking, emotions, concepts, consciousness and remembering. Offered every other year. Prerequisite: One philosophy or one psychology course; junior standing 465 Seminar on a Philosophical Topic (4) One philosophical topic or problem at an advanced level of difficulty, normally requiring considerable background in philosophy. Topic and prerequisites to be announced in the Schedule of Classes for each semester. Prerequisite: 28 credits in philosophy or permission of the instructor 475 Philosophy of Language (4) Philosophical theories of natural language structure. Emphasis on views about what meaning is and how we are to explain our ability to communicate with one another. Offered every other year. Identical with 475. Prerequisite: Junior standing 207 or one course in logic 107 strongly recommended 497 Apprentice College Teaching (4) Open to a well-qualified philosophy student who is invited by a faculty member to assist in a regular college course, usually as preparation for a career as a professor of philosophy. 216 (College of Arts and Sciences 190 (248) 370-3416 Fax: (248) 370-3408 Chairperson: David Garfinkle Professors emeriti: Abraham R. Liboff, John M. McKinley, Ralph C. Mobley, Paul A. Tipler, W. D. Wallace, Robert M. Williamson Professors: Michael Chopp, David Garfinkle, Andrei Slavin, Gopalan Srinivasan, Norman Tepley, Uma Devi Venkateswaran Associate professors: Ken Elder, Alberto Rojo, Bradley J. Roth, Yang Xia Adjunct professors: Carl Bleil, Peter M. Corry, Howard J. Dworkin, Adrian Kantrowitz, Jae Ho Kim, Joseph V. Mantese, Harold Portnoy, Paul D. Stein, John Wai-Chiu Wong Adjunct associate professors: Stephen L. Brown, James R. Ewing, Robert A. Knight, S. David Nathanson, Joseph S. Rosenshein Adjunct assistant professors: Elwood P. Armour, Susan M. Bowyer, Quan Jiang, Mark Oldham, Michael Sharpe, Di Yan, Zhang Zheng-Gang Adjunct instructor: Ray A. Carlson Lecturers: Clara Castoldi, Sally K. Daniel Chief adviser: Ken Elder Courses within the Department of Physics are grouped into two categories \u2014 preprofessional career programs and experiences in science for students with broad interests in contemporary human culture. The latter are strongly recommended for students planning any of a wide range of careers, including law, business, criminology, art history, music, government, education and journalism. High school students intending to major in physics should refer to the Admissions section of the catalog for specific preparation requirements. Programs of study lead to the Bachelor of Science degree with majors in physics, medical physics and engineering physics, Bachelor of Arts degree with a major in physics, Master of Science degree in physics, and Doctor of Philosophy degree in biomedical sciences with specialization in medical physics. The Bachelor of Science in physics is intended for students who plan to become professional scientists. It qualifies students for graduate studies in physical sciences or research positions in government and industry. Students pursuing this degree should consult with faculty members on different available specialties. The Bachelor of Arts in physics is primarily designed for students who desire a broader, less professionally specialized background in physics. The minor in physics is available for students who want to supplement their work in other fields with an introduction to physics secondary teaching minor in physics is available. The Bachelor of Science in medical physics is based on a group of physics courses plus relevant biology, chemistry and mathematics courses. In their senior year, these students take \u2018\u2018Physics of Radiology\u2019\u2019 and \u2018\u2018Physics of Nuclear Medicine.\u2019\u2019 The Bachelor of Science in engineering physics, which is offered jointly with the School of Engineering and Computer Science, is intended for well-qualified students who seek a broad education in physics and mathematics along with basic preparation in engineering (College of Arts and Sciences) 217 Advising Chief adviser: Ken Elder Advisers in the various physics fields are professors David Garfinkle (astrophysics), Bradley Roth (medical physics, biophysics), Andrei Slavin (engineering physics, geophysics), Gopalan Srinivasan (materials physics) and Uma D. Venkateswaran (secondary teaching). Independent research projects are available in each area. Requirements for the liberal arts major in physics, B.A. program To earn the Bachelor of Arts degree with a major in physics, students must complete: 1 151, 152, 158, 371, 317 2. An additional 16 credits in physics, with at least 12 credits in courses numbered above 200 3 154, 155, 254 4. Eight additional credits in chemistry, mathematics and physics, but not 300. Requirements for the major in physics, B.S. program To earn the Bachelor of Science degree with a major in physics, students must complete: 1. 20 required credits in physics 151, 152, 158, 317, 351, 371) 2 minimum of 22 elective credits in physics at or above the 200 level, including at least 2 credits of laboratory course work 361 and 381 are strongly recommended for students planning graduate work in physics 3 154, 155, 254 and either 256 or 257 4. 10 credits of chemistry at a level not below 157, but not 300. Requirements for the major in medical physics, B.S. program To earn the Bachelor of Science degree with a major in medical physics, students must complete: 1 151, 152, 158, 317, 318, 325, 326, 341, 347, 351, 371, 372 and 381 2 154, 155, 254 226 and 257 3 157 and 158 plus 4 additional credits at a level not below 157 201 may be taken for credit, but not 300) 4 111, 205 and 207. Secondary Teacher Education Program (STEP): Physics The Secondary Teacher Education Program (STEP) at Oakland University is an extended program of study leading to certification. Students in this program may complete the requirements for a B.A. degree in physics as listed below or may complete the requirements for the B.S. degree, which requires 14 additional credits. Generally, eligibility for admission to the requires a of 3.00 in both the major and minor, and an overall of 2.80. No single major or minor course grade may be below 2.0. Second undergraduate degree candidates completing major and/or minors may be required to complete additional coursework at Oakland University beyond the stated minimums. 1 151,152, 158, 317, and 371 (16 credits) 2. 12 credits chosen from 325, 331, 341, 351, 361, 366, 372, 381, 421 218 (College of Arts and Sciences) 3. Four laboratory credits chosen from 306, 318, 347, 418, 487, 490 4 154, 155 and 257 (11 credits) 5 157 and 158 (10 credits) 6. Four credits of biology at or above the level of 111, but not 300 7. Four credits of earth science 106, 107, 307 or 308 8. Four credits relating science, technology, and society 300 308, 312 115, 127 program in must also include a 20-28 hour secondary teaching minor and a sequence of undergraduate course work in education to include 300 345 538 and 427. Extended study including 428, 455 and 501 is also required. Further details on program and admission requirements and procedures can be found in the School of Education and Human Services portion of the catalog and by consulting advisers in the Department of Physics and the School of Education and Human Services Advising Office (363 Education and Human Services Building, 248-370-4182). Requirements for the major in engineering physics, B.S. program Coordinators: Andrei Slavin (Physics), Hoda Abdel-Aty-Zohdy (Engineering) To earn the Bachelor of Science degree with a major in engineering physics (128 credits), students must complete: 1 154, 155, 254; and 257 2 157 or 167 3 151, 152, 158, 317, 351, 361 and 371, plus one of the following 331, 366, 381 or 472 4 141 and 171 222 and 326 221 and 241; and 317 and 325 5 professional option typically consisting of two courses plus a related engineering design elective course 6. At least 7 to 8 credits from the following list 256 263 318, 331, 366, 372, 381, 418, 472, 482 345, 351, 378, 384 331, 361; or any 400-level or courses 7. Free electives (7 to 8 credits), which may be used to satisfy writing proficiency. For limitations on free electives see the School of Engineering and Computer Science policy on free electives. Students in this program are not required to complete the college distribution requirement of the College of Arts and Sciences. For further information about this program, including professional options, see the section of this catalog for the School of Engineering and Computer Science, Engineering Physics program. In addition to the previously stated requirements, satisfactory completion of the program requires an average grade of at least 2.0 in the mathematics, science, engineering and computer science courses taken to meet program requirements (College of Arts and Sciences) 219 Departmental honors Departmental honors may be awarded to students on the basis of high academic achievement and either independent research or meritorious service to the Department of Physics. Requirements for the liberal arts minor in physics To earn a minor in physics, students must complete a minimum of 20 credits in physics, including 101-102 or 151-152, 158 and at least 8 credits in physics courses numbered 300 or above. Requirements for the secondary teaching minor in physics To earn a secondary teaching minor in physics, students must complete 101-102 or 151- 152, 158 and 10 credits in physics courses numbered 300 or above, including 371. Non- science majors i.e., other than biology, chemistry and physics majors, must complete an additional 4 credits in science for a total of 24 credits. In addition 427, Methods of Teaching Secondary Students, is required. Course Offerings The department offers selected courses from this catalog as warranted by student needs and availability of faculty. Specific offerings for each term may be found in the Schedule of Classes 101 General Physics (4) Mechanics, heat, mechanical waves and sound. Calculus is not required. Offered fall, winter, spring. Prerequisite: High school algebra and trigonometry or equivalent. Satisfies university general education requirement in natural science and technology 102 General Physics (4) Electricity and magnetism, light, relativity, atomic and nuclear physics. Offered fall, winter, summer. Prerequisite 101. Each of the following courses is designed for nonscience majors and minors 104 Astronomy: The Solar System (4) The sun, planets, space travel, the search for extraterrestrial life. Offered fall only. Satisfies the university general education requirement in natural science and technology 105 Astronomy: Stars and Galaxies (4) Nature and evolution of stars, the Milky Way and other galaxies, cosmology. Offered winter only. Satisfies the university general education requirement in natural science and technology 106 Earth Sciences (4) The earth as a planet. Topics include: origin, history, orbit, gravity, rocks and minerals, earthquakes, the interior and the theory of continental drift. Offered fall only. Identical with 106. Satisfies the university general education requirement in natural science and technology 107 Physical Geography (4 description of the physical details of the earth\u2019s surface, including: time and the rotating earth; place in terms of position, elevation, and direction; U.S. geography; mountains, rifts, islands, and deserts; methods of navigation; map reading; weather in terms of air masses, fronts, and storms; the geomagnetic field; the earth\u2019s resources. Offered winter only. Identical with 107. Satisfies the university general education requirement in natural science and technology 115 Energy (4) Basic physical principles of energy, sources, transmission and distribution. Political, economic and ecological considerations. Prerequisite: High school algebra. 220 (College of Arts and Sciences 120 The Physics of Everyday Life (4) Concepts of physics taught with reference to specific everyday observations or devices such as automobiles, televisions, radios, and microwave ovens. Topics include the laws of motion, fluids, heat, thermodynamics, waves, electric and magnetic fields, optics and nuclear physics. Satisfies the university general education requirement in natural science and technology 127 Human Aspects of Physical Science (4) Primarily for the student wishing to explore the interaction of the physical and social sciences. Format varies to reflect the impact of physics on contemporary life, particularly on politics, economics and behavior, as well as environment and well-being. Offered fall only. Satisfies the university general education requirement in natural science and technology. Prerequisite: High school algebra 131 The Physics of Cancer, Stroke, Heart Disease, and Headache (4) The physical basis for a variety of diseases and disorders, as well as diagnostic and therapeutic techniques will be discussed by a number of medical physics faculty and guest lecturers. Satisfies the university general education requirement in natural science and technology. Prerequisite: High school algebra 100 Physical Sciences in Life, the World and Beyond (4) Interdiciplinary physical science course for non-science majors to enhance their scientific literacy and experience the scientific approach to problem solving in active-learning classrooms and hands-on and computer laboratories. Modules on the science of everyday life, science of the microscopic world, and the earth and beyond. Offered every term. Satisfies the university general education requirement in natural science and technology. Prerequisite 012 with a grade of 2.0 or higher or placement in a higher level mathematics course. The following courses are designed primarily for the physics major and for majors in the other sciences and engineering 151 Introductory Physics (4) Classical mechanics and thermodynamics. For science, mathematics and engineering students. Offered fall, winter, spring. Satisfies the university general education requirement in natural science and technology. Prerequisite 154 152 Introductory Physics (4) Sound, light, electricity and magnetism. Offered fall, winter, summer. Prerequisite 151. Corequisite 155 158 General Physics Laboratory (2) Elementary experiments in mechanics, heat, sound, electricity and optics. Offered fall, winter, summer. Prerequisite 101 or 151. Corequisite 102 or 152 290 Introduction to Research (2 or 4) Independent study and/or research in physics for students with no research experience. Prerequisite: Written agreement of a physics faculty supervisor 304 Astrophysics (4) Application of elementary physics to the study of planets, stars, galaxies and cosmology. Offered fall odd number years only. Prerequisite 102 or 152, and 254 305 Astrophysics (4) Continuation of 304. Offered winter of even number years only. Prerequisite 304 306 Observational Astronomy (2 lecture/laboratory course using the Oakland University observatory and providing basic training in astronomical techniques. Prerequisite 158; or 104 or 105 and permission of instructor (College of Arts and Sciences) 221 307 Geophysics (4) The application of physics concepts to the study of the earth, gravity and its anomalies, geomagnetism, earth-sun energy, geochronology and seismic wave propagation. Offered every other year in fall only. Prerequisite 102 or 152, and 254 106 highly recommended 308 Physical Oceanography (4) Physical oceanography and meteorology; composition and structure of the atmosphere and oceans. Interac- tions of sea water with the atmosphere, the continents and man. Offered every other year in winter only. Prerequisite 102 or 152, and 254 107 highly recommended 317 Modern Physics Laboratory (2) Optics and atomic physics experiments. Offered fall only. Prerequisite 158. Corequisite 371 318 Nuclear Physics Laboratory (2) Nuclear physics experiments. Offered winter odd number years only. Prerequisite 158. Corequisite 372 325 Biological Physics (4) Applications of physics to biology, including biomechanics, fluid dynamics, statistical mechanics, diffusion, bioelectricity, biomagnetism, feedback and control. Prerequisite 102 or 152, and 155 326 Medical Physics (4) Applications of physics to medicine, including signal analysis, imaging, x-rays, nuclear medicine and magnetic resonance imaging. Prerequisite 102 or 152, and 155 331 Optics (4) Geometrical optics, optical instruments, wave theory of reflection, refraction, interference, diffraction and polarization of light. Offered winter even numbered years only. Prerequisite 102 or 152, and 155. Corequisite 254 341 Electronics (4) Electronics for scientists, circuit theory, transistors, power supplies, linear amplifiers, oscillators. Offered winter odd number years only. Prerequisite 158 and 155, and either 102 or 152. Concurrent enrollment in 347 is recommended 347 Electronics Laboratory (2) Circuits and electronics experiments. Offered winter odd number years only. Corequisite 341 351 Intermediate Theoretical Physics (4) Topics and techniques common to intermediate physics courses. Includes analytical and numerical (computer) solution techniques and Fourier analysis. Offered fall only. Prerequisite 102 or 152, and 155 361 Mechanics (4) Applications of Newton\u2019s laws to particles, systems of particles, harmonic oscillators, central forces, accelerated reference frames and rigid bodies. Offered fall only. Prerequisite 102 or 152, and 254 366 Vibrations and Waves (4) Oscillations; mechanical waves in one, two and three dimensions; sound. Offered winter odd numbered years only. Prerequisite 152 155 371 Foundations of Modern Physics (4) Introduction to relativity, kinetic theory, quantization and atomic physics. Additional topics chosen from physics of molecules, solids, nuclei and elementary particles. Offered fall only. Prerequisite 102 or 152, and 155; concurrent enrollment in 317 is recommended. 222 (College of Arts and Sciences 372 Nuclear Physics (4) Radioactivity, interaction of radiations with matter, accelerators, nuclear reactions, fission and fusion. Offered winter even number years only. Prerequisite 102 or 152, and 155; concurrent enrollment in 318 is recommended 381 Electricity and Magnetism (4) Maxwell\u2019s equations and the experimental laws of electricity and magnetism. Potential theory, boundary conditions on the electromagnetic field vectors, field energy. Dielectrics, conductors and magnetic materials. Offered winter only. Prerequisite 351 and 254 257 desirable 400 Undergraduate Seminar (1) Graded S/U. Prerequisite: Permission of instructor 405 Special Topics (2, 4 or 6) Prerequisite: Permission of department 418 Modern Optics Laboratory (2) Experiments illustrating geometric and physical optics principles, lasers, fiber optics, holography and spectroscopy. Equipment used ranges from simple to sophisticated lasers, interferometers, digital cameras and a Raman spectrometer. Offered winter even numbered years only. Prerequisite 317 and 371. Also 331 or permission of instructor 421 Thermodynamics (4) The zeroth, first and second laws of thermodynamics with applications to pure substances. Introduction to the kinetic theory of gases and to statistical mechanics. Offered winter odd numbered years only. Prerequisite 361 and 257 431 Lasers and Applications (4) Interaction of radiation and atomic systems, basic principles and properties of laser light, types of lasers, applications in physics, optical communication, industry and medicine. Offered fall only. Prerequisites 331 or 371 or permission of instructor 445 Medical Instrumentation (2) Detailed examination of the scientific instrumentation used in modern medical diagnostic and therapeutic practice. Prerequisite: Approval of department 371, 381 and 347 470 Relativity (4) Special relativity in mechanics and electromagnetism. Introduction to general relativity and gravitation. Offered winter even numbered years only. Prerequisite 361 or 371 or 381 472 Quantum Mechanics (4) Principles of nonrelativistic quantum mechanics, Schrodinger wave equation, expectation values of energy, position, momentum and angular-momentum operators, spin, perturbation theory, identical particles. With applications to atomic systems. Offered winter only. Prerequisite 351, 361, 371 and 257 482 Electricity and Magnetism (4) Multipole fields, solutions of Laplace and Poisson equations, electromagnetic waves in insulators and conductors, radiation and the derivation of the laws of optics from Maxwell\u2019s equations. Offered fall. Prerequisite 381 257 and 256 487 Electricity and Magnetism Laboratory (2) Experiments in electricity and in magnetism, including coupled circuits, bridges, creation and detection of electric and magnetic fields, the geomagnetic field, spectrum analysis, transmission lines and micro- waves. Offered winter only. Corequisite 381 490 Independent Study and Research (2, 4 or 6) Prerequisite: Four credits of 300-level physics and written agreement of a physics faculty supervisor (College of Arts and Sciences) 223 418 (248) 370-2352 Fax: (248) 370-4299 Chairperson: C. Michelle Piskulich Professors emeriti: Thomas W. Casstevens, Edward J. Heubel, Roger H. Marz, James R. Ozinga Distinguished professor: Sheldon Appleton Professors: Robert J. Goldstein, Vincent B. Khapoya, John S. Klemanski Associate professors: Paul J. Kubicek, Emmett Lombard, William A. Macauley, Dale K. Nesbary, C. Michelle Piskulich, J. Patrick Piskulich, Martha T. Zingo Assistant professors: John Bohte, David Dulio, Peter Trumbore Adjunct assistant professors: Annette Graziani-Lozen, Robert Mourning, Donna Petras, Anthony Tersigni Chief adviser: Martha T. Zingo Internship director: Emmett Lombard Political science offers a concentrated and systematic study of politics at all levels of government and in many different cultural and national settings. Policy making, law, political behavior, administration, international politics, foreign governments, and theories and phi- losophies of government are among the many topics covered in these courses. The general educational aim is to increase students\u2019 awareness and understanding of the broad realm of politics and government. Many students electing this major wish to prepare for careers in public service, law, practical politics, or the teaching of government and social studies. The Bachelor of Arts degree with a major in political science is the department\u2019s broadest program and is appropriate for students with an interest in public affairs or students who intend to enter law school or graduate school. The department also offers a major in public administration leading to the Bachelor of Science degree. This program is designed to provide appropriate analytical skills and prepare students for direct entry into public service or for specialized graduate programs in public administration and public policy. The Master of Public Administration degree is also offered by the department (see the Oakland University Graduate Catalog). The Master of Public Administration degree is accredited by the Commission of Peer Review and Accreditation and is a member of the National Association of Schools of Public Affairs and Administration (NASPAA). Requirements for the liberal arts major in political science, B.A. program To be admitted to major standing, students must complete the following core program 100, 131, and 303. Credit toward the major will be allowed only for courses completed with a grade of 2.0 or higher. The major requires a minimum of 40 credits in political science, distributed as follows: 1. The core program (12 credits 100, 131, and 303 303 should be taken in the sophomore year if possible and no later than the junior year. 224 (College of Arts and Sciences) 2. At least one 4-credit course must be selected from each of the three fields of political science for a total of 12 credits: American politics 300, 301, 302, 305, 307, 311, 323, 324, 326, 327, 340, 342, 350, 353, 470, 478 and 484; Comparative and international politics 314, 318, 329, 330, 331, 332, 333, 334, 335, 337, 472 and 476; Political theory and political thought 320, 321, 371, 372, 373, 374, 377 and 480. 3. The remaining 16 credits in political science are electives, with the following restrictions: only 4 credits of 110 and no more than a total of 12 credits from 390, 458 and 490 will be accepted in the major. Requirements for the liberal arts major in public administration and public policy, B.S. program To be admitted to major standing, students must complete the following core program 100, 131, and 303. Credit toward the major will be allowed only for courses completed with a grade of 2.0 or higher. The major requires a minimum of 50 credits, distributed as follows: 1. The core program (12 credits 100, 131, and 303 303 should be taken in the sophomore year if possible and no later than the junior year. 2. The sequence of departmental courses (26 credits). Required are 257, 350, 353, 453, 454 and 458. Enrollment in 458 (8 credits), the Public Affairs Internship, must be preceded by consultation with the director of internships. In those cases where the internship requirement is waived, the student must elect an alternative 8 credits of political science, subject to approval of the department\u2019s chief academic adviser. 3. The corequisites (12 credits). The following courses are required 200, and 200 and 201 210 \u2014 6 credits \u2014 is acceptable in lieu of 200 and 201). For students contemplating graduate school 122 and 141 are strongly recommended. Requirements for liberal arts minor in political science To earn a minor in political science, students must complete a minimum of 20 credits in political science, including 100 or 131 and at least 8 credits at the 300-400 level. Requirements for the secondary teaching minor in political science The secondary teaching minor in political science requires 24 credits in political science courses, including 100 301 (or 302 or 342); and one course from any four of the following six groupings: state and local government 305 or 307); political behavior 323 or 324); public administration and public policy 350 or 353); international relations and compara- tive politics 131 or 314); political philosophy 371, 372 or 373); and cross-cultural perspectives 311). In addition 427, Methods of Teaching Secondary Students, is required. Generally, a cumulative grade point average of 3.00 is required in courses included in the minor, with no single course grade below 2.0. Second undergraduate degree candidates completing the minor may be required to take additional courses at Oakland University beyond the stated minimums. Students must consult with the secondary education minor adviser in the department. Departmental honors and scholarships Departmental honors will be awarded competitively to selected students from among those who have attained an overall grade point average of at least 3.30 and a minimum grade point (College of Arts and Sciences) 225 average of 3.70 for courses in political science. Two Alumni Scholarships are available annually to qualified department majors. Requirements for a major in political science with other concentrations Students in political science may pursue a regular major in political science with a number of interdepartmental concentrations. These include, among others, American studies, applied statistics, human and industrial relations, Michigan studies, criminal justice, and women\u2019s studies. Recommended courses for prelaw students It is recommended that political science majors interested in law school elect the law-related courses given by the department 241 Law and Politics 340 U.S. Constitutional Law 341 Civil Rights and Civil Liberties 342 The Judicial Process. For advice in planning for law school, contact the department\u2019s prelaw adviser, Martha T. Zingo. The student should also read the Prelaw Studies section of this catalog. Legal Assistant Program In cooperation with the College of Arts and Sciences, the Department of Political Science sponsors courses that prepare students for the legal assistant field. To earn the certificate in this American Bar Association (ABA) approved program, students must take eight foundation courses and three legal specialty courses, and serve an internship in a legal setting student majoring in political science may offer up to 8 credits of this course work toward the 40 credits required for the major. Legal assistant courses taken beyond these 8 credits may yield elective credits toward the degree. These courses may also be taken as electives by students in other programs. For a course to qualify for both degree and Legal Assistant Program certificate, concurrent registration for the course in both programs is required. Students who take legal assistant courses for certificate credits, but who wish to convert those credits to a degree at Oakland, should consult with a legal assistant adviser. Courses approved to date by the Committee on Instruction are listed below. For specific details on policies and procedures for this program, request a brochure from Continuing Education, College of Arts and Sciences (221 Varner Hall, 370-3125) or contact the director of the Legal Assistant Program 379 2500) Introduction to the Legal System (2 380 2506) Substantive Law: Contracts (2 381 2507) Substantive Law: Torts (2 382 2510) Legal Research and Writing (2 383 2511) Legal Research and Writing (2 384 2520) Real Property Transactions (2 385 2530) Business Organizations (2 386 2550) Probate Administration (2 387 2555) Taxation of Estates and Trusts (2 388 2568) Estate Planning and Documents (2 421 2540) Litigation I: Case Preparation before Trial (2 422 2541) Litigation II: Case Preparation before Trial (2 423 2547) Litigation III: Anatomy of a Lawsuit (2 424 2521) Criminal Law (2 425 2522) Administrative Law (2 426 2524) Environmental Law (2 427 2535) Employment Law (2 428 2536) Employee Benefits (2 429 2532) Immigration Law and Procedure (2 431 2575) Computer Assisted Legal Research (2 432 2576) Patent, Trademark and Copyright Law (2 433 2578) Auto Accident Law (2) 226 (College of Arts and Sciences 434 2579) Family Law (2 435 2581) Bankruptcy and Collections (2 436 2583) Medical Terminology (2 491 Special Topics for Legal Assistant (2 492 2599) Ethics/Internship (2) Course Offerings The department offers selected courses from this catalog as warranted by student needs and availability of faculty. Specific offerings for each term may be found in the Schedule of Classes 100 Introduction to American Politics (4) The decision-making process in the American national government and the ways in which parties, groups, and individuals work to produce public policy in Congress, the Presidency and the courts. Satisfies the university general education requirement in social science. Also satisfies the university ethnic diversity requirement 110 Contemporary Political Issues (2 or 4) Selected topics dealing with current political issues or public policy problems. The particular topic will be announced at the time of offering. Designed for the general student. May be repeated for credit with different topics 115 U.S. Foreign Policy (4 survey of the development of U.S. foreign policy with special emphasis on post-cold war issues and challenges. The domestic and global context affecting foreign policy decisions is examined. Satisfies the university general education requirement in social sciences 131 Comparative Politics (4) Introduction to the major modern political systems, comparing the organization and operation of politics and government in different countries with special emphasis on the impact of culture, history and resources. Problems of democratization in non-democratic systems and the dilemmas of reform. Satisfies the university general education requirement in social sciences 203 The Politics of Race and Ethnicity (4 study of racial and ethnic groups and their role in the political process in the U.S. Emphasis will be placed on the political experience and the struggle for equal rights by major minority groups such as Blacks, Hispanics and Native Americans. Satisfies the university ethnic diversity requirement 241 Law and Politics (4 broad survey of law and legal systems in the U.S. that presents law as a dynamic, multifaceted discipline. Emphasis is placed on the open-ended quality of law and legal knowledge, despite the definitive nature of legal authority problem-solving approach is adopted to provoke critical discussion 257 Public Affairs Careers Orientation (2) Planning for public service careers; the varieties of public service careers and the alternative of pursuing advanced degrees are explored. Examples and practical problems from agency work are examined through case studies and presentations by practitioners and professional administrators 300 American Political Culture (4 study of the main themes in American culture and the ways in which they affect the political beliefs, attitudes, opinions and behaviors of Americans. Key themes include individualism, the drive for success, racial attitudes, the American sense of a special mission in the world and American beliefs about democracy. (This course may not be taken for credit by students receiving credit for 300.) Satisfies the university ethnic diversity requirement. Prerequisite 100 301 American Presidency and the Executive Process (4 study of presidential politics, decision making and leadership in the American political system. Prerequisite 100 302 Legislative Process and Public Policy (4 study of legislative behavior and decision making, emphasizing the problems of public policy development in the American political system. Prerequisite 100 (College of Arts and Sciences) 227 303 Research Methods and Statistics (4 study of research design, measurement of political variables and data analysis. Prerequisite: One course in political science 304 Computer Techniques (2) Introduction to the computing environment at the university; computer packages in word-processing, electronic spreadsheet analysis and business graphics; statistical packages on the computer 305 Local Government and Politics (4) Study of local governments; political, economic and demographic forces; trends in metropolitan and suburban politics; and problems of planning in an age of urbanization and suburbanization. Prerequisite 100 307 State Politics (4) Comparative analysis of the variations and similarities of the political systems of the 50 states, the policy- making structures, political participation and contemporary public policy issues. Prerequisite 100 311 Women and Politics (4) Examines the role of women in politics including political participation and representation. Additional topics will include women and public issues (such as affirmative action and comparable worth), as well as an introduction to feminist political thought. Identical with 311 314 International Politics (4 study of the nature of the international community and the forces that produce cooperation and conflict. Key themes include: analytical approaches for studying world politics, processes of foreign policy decision- making, major international economic issues, conflict resolution and future trends in the world commu- nity 318 Foreign Policies of Communist Systems (4) Relations since 1917 between communist states and the Western world, as well as relations among communist states. Prerequisite 131 320 Conducting Political Surveys (4) Overview of the history and approaches to survey research. Students will gain experience in planning and implementing survey projects and interpreting responses. Prerequisite 303 321 Systematic Political Analysis (4 study of selected formal (i.e., logical, mathematical or statistical) models in political science. An introduction to the methodology of social science research, with emphasis on student research projects. Prerequisite or co-requisite: a course in elementary statistics or 303 323 The American People and Their Presidents (4) Study of the relationships among public attitudes toward the presidency and the political system, voting behavior in presidential elections, and presidential policies and leadership. Satisfies the university general education requirement in social sciences. Prerequisite 100 or sophomore standing 324 Political Parties and Elections (4) The study of electoral systems, political parties, and the voting behavior of individuals and groups, with special attention to U.S. political experience. Prerequisite 100 325 Demography of American Politics Study of the opinions, attitudes, voting and political activities of people belonging to different demo- graphic segments of the population and of the underlying roots of these political behaviors. The demographic variables studied include racial, ethnic, gender, income, religion, residence, educational level, age, marital status, and similar groupings. Prerequisite 100 326 Political Campaigns (4 study of political campaigns, with classroom exercises and the opportunity for fieldwork on current political campaigns. The role and influence of the media on campaigns. 228 (College of Arts and Sciences 327 Media and Politics (4) The role of the media in influencing political attitudes and agendas, media coverage of issues and campaigns, media and the law, the nature of the media industry, and governmental regulation of broadcast media 329 European Political Systems (4) An analysis of politics within and between nations in Europe. Selected institutions and processes are examined in detail comparative point of view is emphasized. Prerequisite 131 330 Politics of Development (4) Examination of the issues that relate to social, political and economic development in countries undergoing dramatic social change 331 Politics in Canada and the Commonwealth (4) An analysis and comparison of politics, parties, parliament, politicking, and public policy in Canada and selected countries of the Commonwealth. Prerequisite 131 332 Politics of the Middle East and North Africa (4) The cultural and historical factors that influence contemporary politics of the area will be emphasized. Topics include religion, social structures, economic problems, the impact of the West and the Arab-Israeli conflict 333 African Politics (4) Examination of politics of selected African states. Primary focus is on the evolution of political institutions since independence. The impact of indigenous traditions and the colonial heritage on that evolution is assessed. Individual, groups and institutions involved in the political process are studied 334 Political Systems of Southern Asia (4) Examination of the elements of political life in India, Bangladesh and Pakistan. The cultural, historical, social and economic factors that influence contemporary political institutions, and the issues and processes by which political conflicts are resolved will be studied 335 Politics of Latin America (4) Analysis of Latin American political systems and the historical, social and economic factors underlying them. The major countries are studied intensively, and a comparative approach is used to examine the variations from democracy to dictatorship and the political instability that characterizes the area 337 The Russian Political System (4 descriptive analysis of the Russian society as a political system: its origins, institutions and political behavior. Trends and developments in the system will be assessed, and comparisons with other political systems will be undertaken 340 U.S. Constitutional Law (4 broad survey of U.S. constitutional law as interpreted by the U.S. Supreme Court, with focus on analyzing original court opinions regarding the powers of the federal government and the interaction between federal and state governments; examines political factors that have shaped our understanding of the Constitution. Prerequisite 100 or 241 341 Civil Rights and Civil Liberties (4) Broad survey of legal rights and liberties of individuals in the U.S., as interpreted by the U.S. Supreme Court, with focus on analyzing original court opinions regarding constitutional and political conflicts arising between individuals and the government; political factors that have influenced major judicial decisions are examined. Prerequisite 100 or 241 342 The Judicial Process (4 study of judicial behavior and decision making in federal courts with an emphasis on the role of courts in developing public policies. Prerequisite 100 or 241 (College of Arts and Sciences) 229 350 Public Administration (4) Study of government in action, with special attention to policy formulation, organization, personnel administration, supervision, coordination, administrative control and accountability. Prerequisite 100 353 American Public Policy (4) Examines the factors and actors involved in the development and implementation of public policy. Topics may include environment, education, economic development, defense, health care, welfare policy and ethical analysis of policy. Prerequisite 100 or permission of instructor 355 Environmental Politics and Policy (4) Examination of environmental problems and how major legal, political and bureaucratic forces influence the development and implementation of environmental policy. Interactions among governmental and nongovernmental actors at all levels are analyzed. Effective modes of citizen participation are also studied. Not open to students who have taken 250 359 Public Policy and Health Care (4) An examination of the status and evolution of public policies relating to health and health care, the policy- making processes in health care and the various implications of trends in health care policy. Identical with 359. Prerequisite 100 371 American Political Thought (4) Survey of the writings of American thinkers who influenced the development of the American polity. Examines the political, legal and cultural origins of this country. Satisfies the university ethnic diversity requirement. Prerequisite 100 372 Western Political Thought (4) Analyzes the writings of Western political theorists from 600 B.C. to 1500 A.D.; systematically examines the political, legal, economic, social, cultural and religious elements that influenced the ideas and policies postulated; and scrutinizes the assumptions behind deeply rooted modes of thought that continue to affect people\u2019s lives 373 Western Political Thought (4) Analyzes the writings of Western political theorists from 1500 A.D. to the present; systematically examines the political, legal, economic, social, cultural and religious elements that influenced the ideas and policies postulated; and scrutinizes the assumptions behind deeply rooted modes of thought that currently impact people\u2019s lives 374 Politics through Literature (4) Will use literary works (novels, short stories, plays, essays) to examine a range of social and political systems in specific settings. Will discuss how political and cultural backgrounds of various authors have been conveyed in their writings 377 Communism (4) The development of revolutionary socialism from early Marxism to the present. The course analyzes the relevance of Marxism to a variety of contemporary revolutionary situations. Satisfies the university general education requirement in Western civilization 390* Independent Study (2 or 4) Readings not normally covered in existing course offerings. Directed on an individual basis. Prerequisite: Permission of department and instructor; form available in 418 Varner Hall 412 Police Budgeting and Personnel Management (4) Finance and resource allocation methods used by local and state police agencies. Topics include funding sources, expenditure patterns, resource allocation techniques and stakeholder influence. Identical with 412. 230 (College of Arts and Sciences 413 International Law (4) An examination of the principles and organization of modern international law. Attention is given to the growing fields of ocean resources, outer space, environmental protection and information law. Prerequisite 314 453 Public Budgeting (4) Politics and process of budgeting in public organizations, especially as they relate to the control of policy. Specific techniques are discussed for developing, approving, administering and auditing budgets. Prerequisite 350 and either 303 or 225 454 Public Personnel Administration (4) Study of the procedures, techniques and problems of personnel administration in public agencies; evolution of the modern civil service system, merit principle, and responses to collective bargaining and equal opportunity programs. Prerequisite 350 and either 303 or 225 458* Public Affairs Internship (4 or 8) Supervised student internships with governmental, political and other public agencies; reports and analyses relating to agency required. Applicants must seek departmental approval at the beginning of the semester prior to that of the internship. No more than 4 credits of 458 may be counted toward the major in political science. Prerequisite 257 and permission of the internship director; form available in 418 Varner Hall 490* Special Topics or Directed Research (2, 4 or 8) Prerequisite: Permission of the instructor; form available in 418 Varner Hall 497 Apprentice College Teaching (4) Affords the opportunity for qualified students to deepen their understanding of selected topics in political science and ways of teaching politics by assisting an instructor in teaching a 100-level political science course and writing a critique of this experience. May be taken only once for credit. Prerequisite: Permission of instructor and department chair; form available in 418 Varner Hall. *Students are limited to 8 credits of independent study 390 or 490) in any one semester and may offer no more than a total of 12 credits from 390, 458 and 490 toward fulfillment of major requirements. Advanced seminars From time to time, the department offers advanced seminars in which a topic or problem is studied in depth, and in which significant individual student research is presented for analysis and criticism. The seminar titles refer to the broad fields of political science within which the problem falls; the precise problems to be studied will be announced by the department when the seminars are offered. All seminars require permission of the department before registration. Offered every semester 470 Seminar in American Politics (4 472 Seminar in International Relations (4 474 Seminar in Political Behavior (4 476 Seminar in the Comparative Study of Political Systems (4 478 Seminar in Public Law (4 480 Seminar in Political Theory (4 482 Seminar in Public Administration: Strategies and Policies (4 484 Seminar in Public Policy (4 (College of Arts and Sciences) 231 111 (248) 370-2300 Fax: (248) 370-4612 Chairperson: Robert B. Stewart, Jr. Professors emeriti: Edward A. Bantel, David C. Beardslee, Jean S. Braun, Max Brill, Harvey Burdick, Harold Zepelin Professors: Daniel N. Braunstein, Ranald D. Hansen, Algea O. Harrison, Dean G. Purcell, Robert B. Stewart, Jr. Associate professors: Mary B. Eberly, Christine Hansen, I. Theodore Landau, Lawrence G. Lilliston, Ralph Schillace, David W. Shantz Assistant professors: Ronald L. Butzlaff, Sylvie Adeline Lombardo, Debra McGinnis, Cynthia Sifonis Chief adviser: Mary B. Eberly The Department of Psychology offers undergraduate programs leading to the Bachelor of Arts degree. The psychology curriculum is structured to meet the needs of four types of students interested in majoring in psychology: students who plan to find employment after obtaining the bachelor\u2019s degree, students who plan to go to graduate school in psychology, students who plan to enter a field other than psychology that requires further formal training and students who have a general interest in psychology pamphlet, \u2018\u2018Majoring in Psychology at Oakland University,\u2019\u2019 is available in the department office. Students planning to major in psychology should obtain a copy of this pamphlet, which offers suggested programs of study. Requirements for the liberal arts major in psychology, B.A. program To earn the Bachelor of Arts with a major in psychology, students must complete a minimum of 40 credits in psychology with a minimum of 2.00 over all psychology courses and must satisfy the following three requirements: 1 100, 250 and 251 with a minimum course grade of 2.0 2. Two of the following courses 215, 225, 235 and 245 3. One course each from three of the following four groups: Basic processes 311, 316, 317, 318, 319, 415 Developmental 321, 322, 323, 327, 425 Social 330, 333, 337, 338, 339, 435 Personality and individual differences 341, 342, 343, 344, 445. Students planning to attend graduate school should complete one of the experimental courses 450, 452, 453 or 454 399 may not be counted toward the major. 232 (College of Arts and Sciences) Departmental honors Departmental honors may be awarded to graduates who have taken a 400-level experimental methods course (or equivalent), done honors-level work resulting in a tangible product in 494 or in 487-489, and achieved a grade point average of 3.50 or above in psychology courses. The student must have completed at least six psychology courses at Oakland University. It is also the student\u2019s responsibility to file an \u201cApplication for Departmental Honors in Psychology\u201d form. Requirements for a modified major in psychology with a concentration in linguistics, B.A. program Students with this modified major in psychology must have a minimum of 24 credits in psychology, and 20 credits in linguistics including: 1 100, 250 and 251 2. At least two 300-level courses 3. 16 credits in courses, including 201, 303, 304, 335 and either 403 or 404 4 335. Requirements for the liberal arts minor in psychology To earn a minor in psychology, students must complete a minimum of 24 credits in psychology with a minimum of 2.00 over all psychology courses and must satisfy the following three requirements: 1 100 or 130, and 250 with a minimum course grade of 2.0 2. Two of the following courses 215, 225, 235 and 245 3. One course each from two of the following four groups: Basic processes 311, 316, 317, 318, 319, 415 Developmental 321, 322, 323, 327, 425 Social 330, 333, 337, 338, 339, 435 Personality and individual differences 341, 342, 343, 344, 445. Course Offerings The department offers selected courses from this catalog as warranted by student needs and availability of faculty. Specific offerings for each term may be found in the Schedule of Classes 100 Foundations of Contemporary Psychology (4) An introduction both to basic principles and recent formulations in psychology. Topics include the central psychological processes of attending, perceiving, learning, thinking, remembering and study of social behavior, and the development and organization of personality. Required of psychology majors. Satisfies the university general education requirement in social science 130 Psychology and Society (4) Examination of relationships among people and the effects of these relationships upon them. Analysis of social functions and roles; development and change of attitudes, beliefs and values; and development of personality in relation to the social milieu. Satisfies the university general education requirement in social science 200 Topics in Psychology (4) Offered occasionally on special topics of current interest that are not listed among regular offerings. Prerequisite: See individual listings in Schedule of Classes (College of Arts and Sciences) 233 215 Introduction to Basic Psychological Processes (4 survey of the processes of learning, memory and thinking, including physiological factors underlying these processes. Prerequisite 100 or 130 225 Introduction to Life-Span Developmental Psychology (4 survey of the principal cognitive, social and behavioral processes that operate across the life-span. Prerequisite 100 or 130 235 Introduction to Social Psychology (4) Overview of traditional and current trends in social psychology. Attention is given to developing theoretical approaches to attitudes, interpersonal processes and social perception. Prerequisite 100 or 130 245 Introduction to Individual Differences and Personality Psychology (4 survey of basic research in individual differences and personality, including major areas such as gender, aggression, altruism, conflict and measurement of personality variables. Prerequisite 100 or 130 250 Introduction to Research Design (4) General introduction to design, function and interpretation of research in the social sciences. Provides necessary preparation to evaluate the empirically based content of psychology. Required of psychology majors. Prerequisite 100 or 130 251 Statistics and Research Design (4) The principal statistical procedures employed in social science research. An introduction to descriptive statistics, probability and inferential statistics necessary to carry out and interpret social science research. Prerequisite 250 and 012 with a minimum grade of 2.0 or placement in a higher mathematics course 311 Sensation and Perception (4) Approaches to the basic sensory systems and perceptual processes. Prerequisite 250 316 Cognitive Psychology (4) The information processing approach to problems in pattern recognition, selective attention, mental operations, short- and long-term memory, the psychology of reading, problem solving and probabilistic reasoning. Prerequisite 250 317 Sleep and Dreams (4 review of facts and theories regarding sleep and dreams with demonstrations of research techniques. Topics include psychological and biological viewpoints on sleep, dreams, dream interpretation and sleep disorders. Prerequisite 250 318 Physiological Psychology (4) Biological bases of behavior of humans and related mammalian species: basic neuroanatomy and neurophysiology, motivation, emotion, learning and memory, sleep and dreams, sensory-motor mecha- nisms, brain stimulation, psychopharmacology, hormones and behavior. Prerequisite 250 319 Animal Behavior (4) Comparative psychological, ethological and sociobiological viewpoints on behavior of animals. Emphasis will be on vertebrate species including humans. Discussion of reproductive, aggressive and social behaviors, learning, communication, etc. Stresses an evolutionary perspective. Prerequisite 250 321 Child Development (4) Theory and principles of child development from birth to puberty. Selected topics include: maturational processes, learning and motivation, intelligence, self concept and child-rearing practices. Prerequisite 250. 234 (College of Arts and Sciences 322 Adolescence and Youth (4) The transition to adulthood, as influenced by physiological change, intellectual growth, and social attitudes. Topics include the quest for identity, juvenile delinquency, drug use, the youth culture, relationships between generations, and vocational choice. Prerequisite 250 323 Adulthood and Aging (4) Psychological change, from young adulthood to death. Topics include potentials for psychological growth and sources of crisis, changes in intellectual processes, attitudes toward aging, retirement and the needs of the aged. Prerequisite 250 327 Socialization in the Family (4) Some areas of research and theory on socialization processors. Areas of focus: attachment and separation, conscience development, sex-role identity, ego-identity, etc. Role of principal agents, e.g., family, peers, school. Prerequisite 250 330 Social Cognition (4) The theory and research explicating thinking processes underlying social phenomena such as impression formation, persuasion, conformity, compliance, stereotyping and causal perception. Areas of focus include attitude formation and change, attribution theory, the role of affect in cognition, schema theory and theories of nonverbal behavior. Prerequisite 250 333 Motivation (4) The nature of physiological and behavioral mechanisms that control an organism's reaction to the demands of its environment. Prerequisite 250 337 Interpersonal Processes and Group Behavior (4) Group structure, function and process. Focus on how individuals affect the behavior of people in groups; how the group, in turn, affects the behavior of the individual. Topics include leadership, cohesion, group therapy, crowds and mobs. Prerequisite 250 338 Health Psychology (4) The application of theory and research in psychology to the enhancement of health and prevention and treatment of illness. The interaction between biological, social and psychological factors in health and medical problems is emphasized. Prerequisite 250 339 Emotion (4) Understanding of human emotion from both a historical and theoretical viewpoint. Contemporary theoretical positions will be compared in terms of the roles cognition, behavior and psychological changes play in the emotional experience. Prerequisite 250 341 Abnormal Psychology (4) The psychodynamics of abnormal behavior, clinical types, methods of investigation and principals of psychotherapy. Prerequisite 250 342 Coping Strategies in the Normal Personality (4) Characteristics of healthy personality in the following dimensions: need gratification, reality contact, interpersonal relationships and growth. Prerequisite 250 343 Psychopathology of Childhood (4) The psychopathology of children and adolescents, emphasizing dynamic and cognitive-perceptual-motor variables. Prerequisite 250 (College of Arts and Sciences) 235 344 Behavior Analysis (4) Theory and research on the analysis of behavior as it has developed from Pavlov to Skinner and Bandura. Includes a consideration of the application of principles of behavior analysis to individual and social behavior. Prerequisite 250 358 History and Systems of Psychology (4) How psychology came to be as it is. The beginning to the great experiments and the schools of psychology; the schools to World War II; World War to the present. Researchers, experiments, theories. Prerequisite 100 and two psychology courses other than 251 362 Statistical Analysis on Computers (4) The principal computer packages used by social science researchers in analyzing data study of serves to review basic concepts and introduce the logic of structuring data sets. The remainder of the course will focus on the and packages. Prerequisite 251 370 Psycholinguistics (4) Identical with 335 371 Work with the Elderly (4) Introduction to community and institutional work with the elderly. Field placement is combined with readings and lectures on psychosocial services for the elderly. Prerequisite 250 and 323 or permission of instructor 374 Psychology of Women (4) Examines gender differences resulting from the socialization of girls and women and the psychological impact of life events experienced exclusively or differentially by women. Topics include role conflicts, gender stereotypes, achievement and employment. Identical with 374. Prerequisite 100 or 130 381 Tests and Measurement (4) Theories of measurement and evaluation. Examination of construction and interpretation of tests of ability, achievement, interests and special aptitudes. Objective tests of personality. Prerequisite 251 399 Field Experience in Psychology (4) The application of psychological concepts and methods in a work setting. Includes job placement with a classroom component, readings and discussion of relevant literature. Does not count toward the major. May not be repeated for credit. Prerequisite 250, two courses between 310 and 349, and permission of instructor 415 Seminar in Basic Psychological Procedures (4) Advanced seminar in a special topic related to cognition, perception, conditioning or physiological processes. Prerequisite 215, 250 and permission of instructor 425 Seminar in Developmental Psychology (4) Advanced seminar in a special topic related to developmental psychology, such as theories of develop- ment. Prerequisite 225, 250 and permission of instructor 435 Seminar in Social Psychology (4) Advanced seminar in a special topic related to social psychology, such as attitudes, attributions or theories of social influence. Prerequisite 235, 250 and permission of instructor 445 Seminar in Individual Differences and Personality Psychology (4) Advanced seminar in a special topic related to individual differences and personality psychology, such as theories of personality, aggression or religion. Prerequisite 245, 250 and permission of instructor. 236 (College of Arts and Sciences 450 Advanced Experimental Psychology: Basic Psychological Processes (4) Issues in learning, perception, thinking, physiological psychology, and animal behavior, with independent research project. Prerequisite 251 and permission of instructor 452 Advanced Experimental Psychology: Developmental (4) Issues in design and methodology of psychological research with application to the developmental area. Independent project required. Prerequisite 251 and permission of instructor 453 Advanced Experimental Psychology: Social (4) Theory and techniques of survey research, field experiments, laboratory experiments and field studies. Experience in data collection; independent project required. Prerequisite 251 and permission of instructor 454 Advanced Experimental Psychology: Individual Differences and Personality (4) Issues in design and methodology of psychological research on personality. Independent research project required. Prerequisite 251 and permission of instructor 460 Senior Seminar in Psychological Science (4) This team taught seminar will bring to bear the understandings of various subdisciplines in psychology on a complex behavioral issue (e.g. child rearing, academic achievement, hostility and helping). The members of the department representing the relevant subdisciplines will lead the seminar discussion. Prerequisite 251 and 358 470 Apprentice College Teaching (4) Supervised participation in teaching undergraduate psychology courses. Discussion of teaching objectives and methods. May be repeated for a total of 8 credits. Only 4 credits may be offered to fulfill major requirements. Prerequisite: Permission of instructor 483-485 Readings and Research Projects (2 or 4 each) Individual readings or laboratory research on a topic agreed upon by a student and a member of the psychology faculty. May be repeated for additional credit. Not more than 8 credits of readings and research project may be counted toward fulfillment of the major in psychology. Prerequisite: Permission of instructor 487-489 Research Apprenticeship (4 each) Student will be mentored by faculty in design and implementation of a research project. May be repeated for additional credit. Not more than 8 credits earned in the research apprenticeship may be counted toward fulfillment of the major in psychology. Prerequisite: Permission of instructor 494 Honors Independent Studies (4) Independent honors research projects in clinical, developmental, experimental and social psychology, respectively. Prerequisite: Permission of instructor (College of Arts and Sciences) 237 316 (248) 370-4120 Fax: (248) 370-4208 Interim chairperson: Sharon L. Howell Professors: Jane L. Briggs-Bunting (director, Journalism Program), Alice S. Horning (director, Freshman Rhetoric Program), Sharon L. Howell, Cornelius J. Shine, Ronald A. Sudol Associate professors: Wallis May Andersen, William W. Connellan, Rose M. Cooper, Barbara M. Hamilton, David L. Lau (director, Communication Program), Margaret B. Pigott, Roberta Schwartz Assistant professors: Kellie Hay, Jennifer M. Heisler, Karen E. Strother-Jordan, Marshall W. Kitchens, Margaret K.Willard-Traub Visiting assistant professor: Valerie Palmer-Mehta Special instructors: Susan Baker, Anne Becker (supervisor, Internships), Cathleen Breidenbach, Quinn T. M. Clarke, Scott L. Crabill, Bernadette Dickerson, Thomas A. Discenna, Catherine Haar, Kasia G. Kietlinska, Margaret L. Kurzman, Jeanie F. Robertson Visiting instructor: Mike Lewis Lecturers in rhetoric: Timothy Briggs, David Colonne, Carole Crum, Catherine Daligga, Suzanne Drapeau, Carl Dull, Laura Duprey, Paul Gelinas, Clark Iverson, Andrea Kaitany, Andrew Kos, Robert Lamphear, Kathleen Lawson, Frank Lepkowski, Sabahat Masood, Catherine McQueen, Sharmila Mukerjee, Edward Nebel, Arthur Orme, Anna Mae Powell, Leba Rautbort, Laura Redmond, William Rouster, John Simecek, Kathy Skomski, Craig Smith, Carole Trupiano, Michael Wallwork, Sherry Wynn, Helen Zucker Lecturers in communication: Marsha Alfafara, Theresa Beamon, Scott Burke, Lisa Campbell, Randolph Cullen, Gene Fogel, Heather Haughey, Beth Heyart, Laurel Humphreys, Carol Anne Ketelsen, Deborah Marsden, Reginald McCloud, Janet McKenney, Tushar Oza, Robert Parent, Jill Putman, Teri Reuter, Aileen Sundstrom, Beth Talbert, Kristina Trevarrow Lecturers in journalism: Lori Braiser, Charlie Cortez, Garry Gilbert, Holly Gilbert, Joe Grimm, Kim Madeleine, Louise O. Piechura, Sally Tato, T. Ward, Roger Weber The Department of Rhetoric, Communication and Journalism offers programs of study leading to the degree of Bachelor of Arts in Communication or Journalism, with the opportunity to concentrate in several areas within each major. Courses are available in communi- cation theory, public and interpersonal communication, print and broadcast journalism, public relations, advertising, oral interpretation and mass media. The department serves the non-speech major and the general university student. Commu- nication and journalism training can enhance almost any career or life. There are many 238 (College of Arts and Sciences) specialized careers that welcome students with communication knowledge and writing skills, e.g., journalism, media, law, teaching. The department also serves the general university student by providing the composition courses required by the university. Departmental honors and scholarships All communication and journalism majors with a university grade point average of 3.00 or above are considered candidates for departmental honors. Honors are awarded to those candidates with the highest averages in major courses. The exact criterion varies from year to year. The department awards scholarships in two major fields: the Donald C. Hildum scholarship to communication students demonstrating academic promise, and the Oakland Press scholarship for excellence in journalism. Rhetoric Program The mission of the rhetoric program is to enable students to write independently and collaboratively, to value literate practices in a wide variety of situations, and to be critical readers and thinkers in academic, community, national and global environments. Rhetoric program faculty view rhetoric and literacy as subjects that must be studied in the context of broader cultural and public interests, and are committed to offering students opportunities to write and to read diverse kinds of texts. Therefore, our courses integrate principles of humanistic, academic inquiry and encourage students to become engaged citizens. Because we view written language as a form of action, worthy of careful consideration by students, teachers and citizens, we affirm its ability to create common interests and foster understanding of differences. Thus the curriculum is ethically and intellectually grounded, requiring students to reflect on the forms and purposes of writing and on the ways written communication is shaped to suit particular rhetorical contexts inside and outside the university. To fulfill Oakland University\u2019s graduation requirement of writing proficiency, most students will take Composition 150) and Composition 160). (See Undergraduate degree requirements.) New students will be placed through the use of several mechanisms. Entering students with an score of 15 or below will be placed in 102 (Basic Writing). Students whose scores are 16 or above will be placed in 150 (Composition I) unless they qualify for 160 (Composition II). Some students may be required to take 104 (Supervised Study) based on early writing samples in their classes. Students are placed in 160 on the basis of prior college composition coursework, or if they present a Level 1 score on the Writing Test, or an English exam score of 3 or better, or a successful placement portfolio. Placement portfolio directions are available from the Office of New Student programs and the Department of Rhetoric, Communication and Journalism (316 Wilson Hall, 370-4120). Students who believe their skills warrant exemption from Rhetoric 160 may submit a portfolio as described under Writing Proficiency in the Undergraduate degree requirements section of this catalog. Course Offerings The department offers selected courses from this catalog as warranted by student needs and availability of faculty. Specific offerings for each term may be found in the Schedule of Classes 045 Communication Skills (6 small group course introducing new students to the basic language arts skills of reading, writing and speaking needed for success in the university. Graded S/U. Credits earned may not be used to satisfy minimal graduation requirements in any academic program. Prerequisite: Placement in Student Success Services (College of Arts and Sciences) 239 102 Basic Writing (4) Developing writing skills including idea generation and invention, organizational strategies and conven- tional usage in expository prose. Emphasis on developing fluency and effective writing processes. Placement by referral. Enrollment in summer by placement in Student Success Services Program only. May be repeated once for additional credit. Graded 104 Supervised Study (1 or 2) Tutorial instruction in areas mutually agreed upon by student and instructor such as independent or academic writing projects. May be taken concurrently with other rhetoric courses (seven weeks or 14 weeks). May be repeated for up to 8 credits. Graded 111 Writing and Reading for Non-Native Speakers (4) For students learning English as a second language, focusing on basic syntax, efficient reading and effective writing techniques. Students will write logs or journals, exercises and several short compositions. Placement by referral grading or numerical grading 120 College Study Skills (4) Prepares students for academic success by introducing theories and effective practices in college learning, including strategies of memory and retention, examination preparation and performance, textbook reading and marking, notetaking, time-management 140 College Reading (4) College reading techniques, including diagnosis of instructional needs, and an individual program study 142 Efficient Reading (2 or 4) For students who understand material but need more efficient reading skills. Topics include skimming/ scanning techniques, adjustment of rate, patterns of organization, drawing inferences and conclusions before and during reading, and effective use of textbooks seven- or 14-week course 144 Critical Reading (4) For students who understand literal reading content but who have difficulty with critical comprehension. Develops sophisticated reading skills for practical prose. Recommended for upper-level students contem- plating graduate school. Prerequisite: Completion of Oakland University writing proficiency requirement 150 Composition (4 course emphasizing the rhetorical and stylistic demands of college writing through focus on experiential and expressive writing. Students learn to generate, organize and develop their ideas and to make choices as writers that are appropriate to the rhetorical situation grade of 2.0 or higher must be achieved to advance to 160. Prerequisite: Placement by faculty evaluation of writing or successful completion of 102. Corequisite 104 if recommended by instructor after first class meeting 160 Composition (4) Emphasizes the process of writing in increasingly complex rhetorical situations with focus on developing analytic thinking and problem-solving strategies in writing. Students learn methods of academic research including evaluation and documentation of sources and are expected to create at least one research paper grade of 2.0 or higher must be achieved to satisfy the university writing proficiency requirement. Prerequisite: Placement by portfolio review by faculty, successful completion of 150, or transfer of 3-5 credits of college-level composition. Corequisite 104 if recommended by instructor after first class meeting 314 Writing Project Programs (2 or 4) In-service programs for teachers in individual school districts, particularly those conducted on-site within those districts. May be repeated for up to 4 credits under different subtitles. Students cannot receive credit for both 314 and 315. Prerequisite: Writing proficiency and permission of instructor 315 Summer Workshop (2 or 4) Concentrated four-week workshop on topics of interest to teachers. Meadow Brook Writing Project. May be repeated for up to 4 credits under different subtitles. Students cannot receive credit for both 314 and 315. Prerequisite: Writing proficiency and permission of instructor. 240 (College of Arts and Sciences 316 Advanced Workshop (1, 2 or 4) In-depth study of topics and issues generated by previous participation in National Writing Project courses. May be repeated for up to 8 credits under different subtitles. Prerequisite: Participation as a Fellow in the National Writing Project 314, or permission of instructor 320 Peer Tutoring in Composition (4) Peer tutoring theories and pedagogies, and practical experience in teaching. Work divided between classroom and tutoring assignments. Particularly valuable for majors in the humanities, education, psychology, human services and related fields. Prerequisite: Completion of the writing proficiency requirement. Recommended grade of 3.0 or better in 160 or its equivalent 334 Advanced Writing: Ethnography (4) Development of analytic and collaborative writing skills in the context of ethnographic study. Emphasis on written analysis in a variety of forms including case study analysis and ethnomethodological investigation. Appropriate advanced writing experience for majors in communication, psychology, anthropology, sociology and political science. Prerequisite: Satisfaction of university writing requirement 335 Writing for Human Resource Development Professionals (4) Development of analytic reading and writing skills for human resource development professionals. Emphasis on using rhetorical analysis to write in a variety of forms which may include letters, memos, electronic communications, problem statements, proposals, and research projects. Prerequisite: Satisfaction of university writing requirement. Corequisite 104 if recommended by instructor 365 Women Writing Autobiography (4) Students use autobiography as a feministy methodology to explore topics of personal and community significance, and practice writing strategies relevant to addressing issues of audience, purpose, agency and research. Autobiographical texts by diverse women writers serve as models for students\u2019 own writing. Includes weekly assignments and an extended final project. Identical with 365. Prerequisite 160 370 Special Topics (2 or 4) Special topics in composition and rhetoric. May be repeated under different subtitles. Prerequisite: Satisfaction of university writing requirement 380 Persuasive Writing (4) Advanced writing designed to help students develop argumentative and stylistic skill in a variety of rhetorical contexts with application in business, communication, industry and government. Prerequisite: Satisfaction of university writing requirement 414 Teaching Writing (4) Examination of and practice in instructional techniques and research in writing pedagogy, and such related issues as assessment and classroom workshops. Prerequisite: Junior standing and 314, 315, or 320, or permission of instructor 490 Independent Study (2 or 4) Special research projects in writing and/or teaching writing. Approved course of study and an authorization form, signed by a faculty member willing to supervise the study, must be submitted to the department the term prior to the term the independent study is taken. May be repeated for up to 8 credits. Prerequisite: One 300-level rhetoric course and permission of the instructor 491 Internship (4) Experience working with writing professionals in business or industry. May be repeated once in a different setting. Prerequisite 382 or 335, and three other 300-400 level courses, and permission of the instructor (College of Arts and Sciences) 241 497 Apprentice College Teaching (2 or 4) Assisting in teaching an undergraduate course in rhetoric. Includes discussions with the supervising faculty member on the principles, methods and problems of such teaching. May be taken for a total of 4 credits. Prerequisite: Senior standing 414 and two additional 300-400 level courses 414 may be taken concurrently. Communication Program The major in communication combines theory and practice and emphasizes how people analyze and make responsible choices in communication contexts. Students develop critical perspectives in order to evaluate different communication approaches. Students, as communi- cators, learn to choose the effect their actions have on others. They learn also to choose their roles as citizens in a community. This responsibility requires that they appreciate and respect human differences among cultures, social groups, genders and individuals, and that they create a voice for building personal and public relationships. Requirements for the liberal arts major in communication, B.A. program To earn the Bachelor of Arts degree with a major in communication, students must complete a minimum of 40 credits of which 20 credits must be at the 300 level or above, plus corequisite courses including: 1 201, 303 and 385 2. At least 8 credits from the Interpersonal Discourse group 202, 207, 304, 305, 310, 327, 360, 402, 403 3. At least 8 credits from the Public Discourse group 220, 280, 285, 301, 307, 308, 311, 314, 318, 371, 373, 376, 377, 381, 382 4. At least 8 elective credits in courses 5 399 6. Corequisites as follows: a. Language (choose one from the following): 1. American Sign Language at the university level 114-115 114-115 will also satisfy the elective requirement (see #4 above) for the major in communication. 2. An introductory two-semester sequence in a modern foreign language 3. One semester of a modern foreign language at the 115 level or higher b. An advanced writing course 200 382 334. (This 4-credit writing course is in addition to the 40 credits required for the major.) Communications majors interested in careers in public relations or advertising are encour- aged to focus course work in the appropriate area. For a focus in public relations, students should take 12 credits from 350, 351 and either 352 or 353. For a focus in advertising students should take 12 credits from 340, 341 and either 342 or 343. These courses do not count toward the major, but could count toward a minor in advertising or public relations. (See the Journalism Program section of this catalog.) 242 (College of Arts and Sciences) Requirements for the modified major in communication with a linguistics concentration, B.A. program To earn a communication major with a concentration in linguistics, student must complete 24 credits in communication and 20 credits in linguistics including: 1 201 or 202 2 303 3. At least 4 credits from the Interpersonal Discourse group 4. At least 4 credits from the Public Discourse Group. 5. 20 credits in or courses, including: 201, 303, 304 and either 403 or 404 6 401. Requirements for the liberal arts minor in communication To earn a minor in communication, students must complete a minimum of 20 credits in communication including: 1 201 or 202 2 303 3. At least 4 credits from the Interpersonal Discourse group 4. At least 4 credits from the Public Discourse Group 5. At least 12 credits in communication courses must be at the 300-400 level. No more than 4 credits in independent study, internship or apprentice college teaching may be counted toward the minor. Course Offerings The department offers selected courses from this catalog as warranted by student needs and availability of faculty. Specific offerings for each term may be found in the Schedule of Classes 101 Collegiate Communication (1 twelve week, one credit course with a primary goal of teaching students how successful communica- tion and relationship development can improve their chances of academic and personal success 114 Introduction to American Sign Language (4) Conversational AMESLAN, nonverbal communication, body and facial expression integrated with a basic sign vocabulary, a survey of the various sign systems, and an examination of the psychological, cultural and linguistic aspects of the deaf community 115 American Sign Language (4 continuation of 114. Prerequisite 114 201 Public Speaking (4) Theory and practice in public address: adaptations required by particular goals, audience and occasions, and classroom interactions 202 Group Dynamics and Communication (4) Group dynamics, discussion and problem solving; influences of group structure, norms, roles, leadership and climate on the processes of group communication and collaborative decision making 207 Meaning in Language (4) Identical with 207. Satisfies the university general education requirement in language (College of Arts and Sciences) 243 214 American Sign Language (4) Continues the work of 114-115 with a focus on clarity and completion of expressions. Accurate reception as well as an examination of literary prose in a deaf community. Prerequisite 115 215 American Sign Language (4) Develops expressive and receptive fluency through a study of the performance and structure of American sign language poetry. Prerequisite 214 220 Public Speaking on Public Issues (4) The development, presentation and defense of speeches addressing public issues, including advanced concepts of audience analysis and persuasion, and the use of rhetorical strategies and aids. Prerequisite 201 280 Broadcast Announcing (4) Techniques of speaking before a microphone, editing, reading copy and news broadcasting. Experience includes recording and critique of various styles of delivery 285 Introduction to Broadcasting (4 survey of public and commercial radio and television, including their public service, educational and religious functions; and the history, economics, influence and social control of broadcasting 301 Persuasion (4) Analysis of persuasion in current society, psychological bases of persuasion, ethical considerations, and distinctions between debate and persuasive argument. Prerequisite 201 303 Communication Theory (4) Central concepts in communication and the relation of communication to system theory, the acquisition of knowledge, the nature of language and the maintenance of ethical values. Prerequisite: Sophomore standing 304 Communication in Organizations (4) Communication theory and practice within organizational systems 305 Interpersonal Communication (4) Elements, purposes and patterns of face-to-face communication and their effects; experience in interview- ing, decision making and tutoring. Prerequisite: One course 307 Performance Communication (4) Examination of the theory and practice of oral interpretation of written text. Particular attention is given to how readers bring written works to meaning through communicative performance. Prerequisite 201 or permission of the instructor 308 Competitive Speaking (2) Advanced practice and application of speech writing, public address and oral interpretation skills using many of the standards established by the National Forensics Association. May be repeated for up to 6 credits. Prerequisite 201 310 Philosophy of Rhetoric (4) Identical with 310 311 Rhetoric and Public Address (4) Introduction to the history and theory of rhetorical criticism and public address, contrasting Aristotle\u2019s rhetoric with contemporary theories. Prerequisite 201 314 Discourse and Content Analysis (4) Analysis and comparison of spoken and written texts, with the aim of bringing out their basic structures and differences by methods ranging from close reading to categorization and statistics. 244 (College of Arts and Sciences 318 Argumentation and Debate (4) Theories of argumentation from the classical to the contemporary period combined with debating experience. Propositions of fact, value and policy are distinguished and related to the construction and selection of argument. Debate experience will focus on the national intercollegiate proposition. Prerequisite 201 327 Gender Communication (4) Explores the relationships between gender and communication strategies and settings. The course examines how gender is experienced and how individuals learn to manage the dynamic of gender in interpersonal interaction and public discourse 360 Listening in Communication (2) Examination of the differences between hearing and listening in responsible communication. The course identifies barriers to effective listening and explores ways to manage them. Different listening skills appropriate for diverse types and purposes of listening are identified and examined 371 Forms and Effects of Mass Communication (4) Identical with 371 373 Social Control of Mass Media (4) Identical with 373 376 Introduction to Television Production (4) The essential elements of television as a medium, its capabilities and limitations. Practical experience in studio and/or field work 377 Live Video Production (4) Practicum in live television production. Students will participate in every aspect of producing a live television program. Experiences include research, writing, equipment operation and directing. Prerequisite 376 380 Special Topics in Communication (2 or 4) Various topics in communication theory and practice chosen by department faculty. May be repeated under different subtitles. Prerequisite: Junior or senior standing and at least 20 credits of courses 381 Broadcast Operations (4) An analysis of non-commercial radio with an emphasis on college broadcasting; includes experience in writing, producing and performing on-air programming for the university\u2019s station. Prerequisite 280 (may be taken concurrently 382 Advanced Radio Production (2) Training for positions of leadership in the campus radio station. May be repeated for a total of 4 credits. Prerequisite 381 385 Multicultural Communication (4) Students will learn the relationships among culture, communication and perception, and how these relationships are manifested in our daily interactions among people who are ethnically, racially and sexually different from us. Students will also learn the appropriate communication skills necessary to minimize misunderstanding in intercultural encounters. Satisfies the university ethnic diversity requirement. Prerequisite: Junior standing 399 Field Experience in Communication (4) Field experience, with faculty supervision, that incorporates student performance in community service organizations with directed study assignments and regular discussion sessions. May not be repeated for credit. Prerequisite: Senior standing; communication majors only, and at least 20 credits of courses 402 Small Groups (4) Identical with 402 (College of Arts and Sciences) 245 403 Communication Networks (4) The patterns of contact and information transfer in human groups, ranging from the sociometric patterns of small groups, to the formal and informal networks of organizations and the large-scale exchanges of mass societies. Prerequisite 303 476 Advanced Video Production (4) Advanced practice in video production from conception to post-production. Skills involved pre- production research, remote and studio shooting techniques, and script writing for program formats including commercials and documentary television. Prerequisite 376 480 Special Topics Seminar (4) Group study of topics of special interest chosen by department faculty and students. May be repeated for credit with the instructor\u2019s permission. Prerequisite: Three courses 490 Independent Study (1-4) Special research projects in speech communication. May be repeated for a maximum of 8 credits. Prerequisite: Junior or senior standing, 12 previous credits in the major, permission of instructor and completion of course application form 491 Internship (4) Experience working with professionals in various performing arts and mass communication settings. May be repeated once in a different setting for up to 8 credits. Students can only take a maximum of eight internship credits within the department. Prerequisite: Junior or senior standing and permission of instructor. (Permission will normally require completion of at least one writing course beyond 160 497 Apprentice College Teaching (2 or 4) Assisting in teaching an undergraduate course in speech communication, and discussions with the supervising faculty member on the principles, methods and problems of such teaching. Prerequisite: Junior standing and permission of instructor. Journalism Program Requirements for admission to the journalism major To be admitted to major standing in journalism, students must complete: 1 150 and 160 (or otherwise satisfy the writing proficiency requirement) and 200 with an average grade of 3.00 or above 2. 20 credits of corequisite courses with an average grade of 3.00 or above Requirements for the liberal arts major in journalism, B.A. program To earn the Bachelor of Arts degree with a major in journalism, students must complete: 1 minimum of 36 credits in journalism, including 200, 300, 402, 403, 404, 411 (or 410), and 440 and any two of the following 310, 311, 312, 320, 321, 332, 340, 350. 2. 8 additional credits from the following for an emphasis in print or broadcast journalism 201,207, 285, 301, 303, 311, 371, 373 or 403; or for an emphasis in advertising 341 and 342 or 343, plus an advertising internship 404); or for an emphasis in public relations 351, 352 or 353 plus a public relations internship 404) 3. Corequisites (32 credits) as follows (these courses, where appropriate, may also satisfy general education or college distribution requirements): a. 8 credits from 101, 102, 114, 115, 301, 305, 321 or 354 246 (College of Arts and Sciences) b. 8 credits from 100, 105, 111, 224, 241, 303, 306, 312, 315, 332, 357, 369 or 370 c. 8 credits from 100, 110, 241, 305, 327, 372, 373 or 377 d. 4 credits from 150 or 200 e. 4 credits from 100 101 or 102 4. Upon completion of 92 credits, majors must submit a Senior Portfolio to the program director. The portfolio must include a resume and samples of published work. Deadlines for submitting the portfolios are: October 1 for students completing degree require- ments in April, February 1 for students completing degree requirements in June or August, and May 1 for students completing degree requirements in December. Requirements for the liberal arts minors in journalism, advertising or public relations minor in journalism requires a minimum of 24 credits in courses, including 200, 300 and 404 minor in advertising requires a minimum of 24 credits in courses, including 200, 340, 341, 342 and 404. The internship 404) must be taken in advertising for that minor 343 or 440 may be substituted for 342 minor in public relations requires a minimum of 24 credits in courses, including 200, 350, 351, 352 and an internship 404) in public relations. Additional course work to comprise the minimum of 24 credits must be selected from the following 353, 354, 356, 360 and 440. Journalism majors may not minor in advertising or public relations. Course Offerings The department offers selected courses from this catalog as warranted by student needs and availability of faculty. Specific offerings for each term may be found in the Schedule of Classes 190 Journalistic Style (4) Training in the style of newswriting with a discussion of basic reporting skills, writing of leads, familiarization with the Associated Press style, basic proofreading and copy editing skills. Prerequisite 150 200 Newswriting (4) Training in the practical aspects of news gathering, interviewing and basic newswriting techniques; a discussion of the various journalism media. Some typing skills required. Prerequisite: Completion of 160 or writing proficiency requirement 240 Journalism Laboratory (2) Work in on-campus publications under the direction of an instructor; may be repeated once. Prerequisite 200 300 Newspaper Editing (4) Principles and practices of the newspaper copydesk: copy reading, headline writing, makeup and typography; preparing copy for the printer; some attention to new and developing devices in the print shop, such as those involving the computer. Prerequisite 200 310 Advanced Newswriting (2 or 4) Gathering information through wide reading and interviewing, writing objective in-depth news reports, and background on current social, political and economic issues. Prerequisite 200 (College of Arts and Sciences) 247 311 Public Affairs Reporting (4) Practical training in the news coverage of local governments including police protection, fire control and the courts. Discussion of federal and state coverage of stories of public interest. Prerequisite 200 312 Feature Writing (2 or 4) Practice in writing newspaper and magazine nonfiction features, such as human interest stories and profiles. The course will enable students to develop further their reportorial skills for careers in print journalism study of the purposes, styles, types and techniques of the feature story. Prerequisite 200 313 Magazine Writing and Freelancing (2 or 4) Writing magazine-length nonfiction articles, with some discussion of the differences between newspaper feature stories and magazine pieces, how to write and sell freelance pieces, legal liabilities and rights of the freelance writer, including a discussion of the U.S. copyright laws. Prerequisite 312 320 Editorial Writing (2) Preparing and writing newspaper opinion and commentary usually found on the editorial page; forms and techniques of editorials and the editorial page. Prerequisite 200 321 Reviewing: Books, Theatre, Movies (2) Writing newspaper reviews of the literary, visual and performing arts from recent publications, live productions, films and television. Students will be required to purchase tickets and attend various performances. Prerequisite 200, 312 330 News Photography (2) Fundamentals of black-and-white photographic production; practice in taking still pictures of people and events for use in newspapers and news magazines; darkroom laboratory work in developing photos 332 Radio-Television News (2 or 4) Fundamentals and techniques of preparing news for broadcasting, especially the different demands of electronic journalism from those of the print media. Prerequisite 200 338 Advanced Broadcasting (4 practical application of skills learned in basic broadcasting classes. Students will produce a weekly newscast. The program, which airs on the (cable) education channel, is completely student produced; may be repeated once. Prerequisite 332 340 Introduction to Advertising (4) Advertising in print and electronic media from the standpoint of marketing, its social and legal environment, and strategy decisions in the profession. Prerequisite 200 341 The Advertising Medium (4) Further study of the advertising industry, including trends, design, marketing strategy and the technical problems of planning a product campaign. Prerequisite 340 342 Case Studies in Advertising (4) The study of actual case histories of various companies and projects as well as the analysis of problems within a market. An assigned case study is required. Prerequisite 340 and 341 343 Direct Approaches in Advertising (2 or 4) The study of the effect of direct mail, circular and similar forms of advertising on ad agencies, manufacturers, newspapers, magazines and television and strategies for the future. Prerequisite 340. 248 (College of Arts and Sciences 344 Advertising Copywriting (4) The planning, research and writing that goes into promotion of a company, product or person as part of an advertising campaign. Prerequisite 340 350 Introduction to Public Relations (4) An overview of the practices of public relations and its potential impact on various audiences. Study of basic public relations tactics, including media relations, community relations, internal communications, public affairs and investor relations. Prerequisite 200 351 External Public Relations (4) The study of public relations related to an organization\u2019s external audiences such as the news media and local, state and national government officials. Students will study public relations strategies used to interact with these groups, including media relations, legislative lobbying and special events. Prerequisite 350 352 Internal Public Relations ( 4) The study of public relations related to internal audiences of an organization. In-depth discussion of the shaping of internal culture via public relations vehicles such as newsletters/publications, general memos/ announcements, videotapes and face-to-face employee communications. Prerequisite 350 353 Public Relations and the News (4 study of the relationship between the public relations practitioner and members of the news media. Students will focus on understanding the differing needs of the news media and on using various public relations vehicles to reach targeted audiences via the media. Course includes writing weekly news releases. Prerequisite 350 354 Case Studies in Public Relations (4) The study of actual public relations efforts of various companies and organizations. Students will take on the role of public relations practitioners for a fictitious organization and develop public relations goals, objectives, tactics and programs to deal with situations that affect the organization. Prerequisite 351 or 352 356 Video for Public Relations (2) Understanding the elements involved in producing corporate videos, including an introduction to the technology of video, the applications of video to public relations needs and development of the video \u201ctreatment\u201d for client presentation. Prerequisite 350 360 Special Topics in Public Relations (2) Various specialties offered to students. Subjects change from semester to semester, with some opportunity for independent study. May be repeated under different subtitles. Prerequisite 350 401 Advanced Photojournalism (4) Photography in the news media including work in use of 35mm cameras, darkroom techniques and a brief discussion of marketing for publication. Prerequisite 330 or instructor permission 402 Ethical Issues in the Media (2 or 4 study of professional ethics with an emphasis on print journalism, though helpful and applicable to electronic journalism as well. Discussion format where students analyze a series of factual problems that arise in daily media operations. Prerequisite 200 or junior standing 403 Law of the Press (4) State and federal laws dealing with libel, contempt of court, right of privacy, copyright and other legal matters affecting newspapers, radio, television and other media. Prerequisite 300 or pre-law student (College of Arts and Sciences) 249 404 Journalism Internship (4 full- or part-time internship on a weekly or daily newspaper, radio or television station, or with a public relations or advertising office for one semester. Open only to students in the journalism program, usually in the senior year. May be repeated once in a different medium. Students can only take a maximum of eight internship credits within the department. Prerequisite 200 and three other courses 405 Supervising High School Publication (4) Principles and practices of reporting, news writing, editing, graphics and design, photography, and relevant legal and ethical issues for advisers of high school newspapers, yearbooks and magazines. Prerequisite 200 and 300 406 Newspapers in Education (2) Study of how newspapers and news magazines can be integrated into the curriculum at both the elementary and secondary levels, and what resources are available to teachers 410 Computer Assisted Reporting (2 or 4) Identifying, analyzing and interpreting data for reporting complex, public interest stories utilizing computer database management systems such as Excel and Access. Prerequisite 200 411 Reporting with the Internet (2 or 4 course utilizing the Internet and World Wide Web as reporting tools. Students will learn about search engines, URLs and other information useful to developing stories for media. Prerequisite 200 440 Graphics and Design (2 or 4) Designed to teach basic skills and trends in typography, layout and design with hands-on experience with Quark Xpress, Adobe Photoshop and other software. May be counted towards emphasis in print, public relations or advertising. Prerequisite 300 or instructor permission 441 Advanced Graphics and Design (2 or 4) Designed to teach advanced skills and techniques in graphics and design of publications with hands-on experience with Quark Xpress, Adobe Photoshop and other software. Prerequisite 440 or instructor permission 480 Special Topics in Journalism (2 or 4) Various specialties offered to students. Subjects change from semester to semester, with some opportunity for independent study. May be repeated under different subtitles. Prerequisite 200 490 Independent Study (2 or 4) Individual research projects in journalism. Prerequisite: Junior or senior standing, 12 previous credits in the major, permission of instructor and completion of the course application form. 250 (College of Arts and Sciences 518 (248) 370-2420 Fax: (248) 370-4608 Chairperson: David R. Maines Professors emeriti: Harry Gold, Nahum Z. Medalia, Jesse R. Pitts, Jacqueline R. Scherer Professors: Peter J. Bertocci, Judith K. Brown, James Dow, David R. Maines, Gary Shepherd Associate professors: Albert J. Meehan, Terri L. Orbuch, Cynthia Schellenbach, Suzanne M. Spencer-Wood, Richard B. Stamps Assistant professors: Abdi Kusow, Linda Morrison, Lynetta M. Mosby, Joanne E. Reger Adjunct associate professor: Michael D. Stafford Chief advisers: Gary Shepherd (Sociology) and Peter J. Bertocci (Anthropology) The Department of Sociology and Anthropology offers two separate majors leading to a Bachelor of Arts degree. Sociology is the scientific study of society and is of particular interest for students who wish to examine important social problems. Anthropology is the study of humankind in all its aspects, through archaeological, biological, cultural and linguistic research, and fosters the use of this knowledge in addressing human problems. In sociology and anthropology, students are required to study research techniques and acquire skills in theoretical analysis. Both majors are designed to allow maximum flexibility enabling students to pursue their own intellectual interests. Students may also select a combined major in both disciplines. The department actively participates in the following concentrations: American studies, archaeology, criminal justice, religious studies, social work and urban studies. Requirements for the liberal arts major in sociology, B.A. program To earn a Bachelor of Arts with a major in sociology,* students must complete a minimum of 40 credits including the following: 1 100, 202, 204, 400 2. One anthropology course 3. 20 additional credits in sociology (4 of which may be taken in anthropology) 4 total of 20 credits at the 300-400 level. *No more than 8 credits counted toward the major may be taken in 190, 392, 399 or 480 (College of Arts and Sciences) 251 Requirements for the liberal arts major in anthropology, B.A. program To earn a Bachelor of Arts with a major in anthropology,* students must complete a minimum of 40 credits including the following: 1 101, 102 2 202 3. One of the following 302 or 383 4 400 5. 20 additional credits in anthropology (4 of which may be taken in sociology 101 or 102 may be substituted for a prerequisite of 100). 6 301 may be substituted for one anthropology elective course. *No more than 8 credits counted toward the major may be taken in 190, 392, 399 or 480. Requirements for the combined liberal arts major in sociology/ anthropology, B.A. program To earn a Bachelor of Arts with a combined major in sociology/anthropology,* students must complete a minimum of 20 credits in sociology and 20 credits in anthropology including the following: 1 100, 202, 204 2 101, 102 3 or 400. *No more than 8 credits counted toward the major may be taken in 190, 392, 399 or 480. Requirements for modified majors in sociology and/or anthropology with a linguistics concentration, B.A. program To earn a modified major in sociology with a concentration in linguistics, students must complete a minimum of 20 credits in sociology, including 100, 202, 204, 400 and a minimum of 20 credits in linguistics including 201, 303, 304, and either 403 or 404, and 376. To earn a modified major in anthropology with a concentration in linguistics, students must complete 101 and 102, plus a minimum of 12 additional credits in anthropology and 20 credits in linguistics, including 201, 303, 304, and either 403 or 404, and either 374 or 375. Requirements for a liberal arts minor in sociology or anthropology To earn a minor in sociology, students must complete 100 plus a minimum of 16 additional credits in sociology, 12 of which must be at the 300-400 level. To earn a minor in anthropology, students must complete 101 and 102 plus a minimum of 12 credits in anthropology courses at the 300-400 level. 252 (College of Arts and Sciences) Requirements for the secondary teaching minor in sociology Generally a cumulative grade point average (GPA) of 3.00 is required in courses included in the minor, with no single course grade below 2.0. Second undergraduate degree candidates completing the minor may be required to take additional courses at Oakland University beyond the stated minimums. Students must consult with the secondary education minor adviser in the department. The secondary teaching minor in sociology requires a minimum of 24 credits including: 1. Core 100, 205, 331 2. One course from each of the following areas: a. Social Problems 240, 300, or 315. b. Social Inequality 301, 336, or 352. c. Interpersonal Relations 335, 337, or 402. 3. In addition 427, Methods of Teaching Secondary Students, is required. Two-plus-two transfer agreement program in sociology with a specialization in criminal justice The Department of Sociology/Anthropology offers the B.A. in sociology with a special- ization in criminal justice as part of a two-plus-two agreement with Oakland Community College. This agreement allows students who earn an Associate of Applied Science Degree in criminal justice or in law enforcement and corrections at Oakland Community College in Auburn Hills under the terms of the agreement to transfer to Oakland University and earn a B.A. in Sociology with a criminal justice specialization. Students must meet the require- ments at both institutions; at that means completing university general education, ethnic diversity, college distribution and major requirements brochure detailing the guidelines and required courses is available in the department and in the College of Arts and Sciences Advising Office. Departmental honors To be a candidate for departmental honors in sociology, students must have taken at least 20 of their major credits at the 300-400 level, have taken a minimum of 20 credits of their sociology major course work at Oakland University, have earned a minimum of 3.60 in major course work at Oakland, have successfully completed 303 Social Statistics, and receive recommendations from two departmental faculty members. To be a candidate for departmental honors in anthropology, students must have taken at least 16 credits in the major at the 300 level or above, have taken a minimum of 20 credits of their anthropology major course work at Oakland University, have earned a minimum of 3.60 in major course work, and receive recommendations from two departmental faculty members. Course Offerings The department offers selected courses from this catalog as warranted by student needs and availability of faculty. Specific offerings for each term may be found in the Schedule of Classes 101 Human and Cultural Evolution (4) Introduction to physical anthropology and archaeology as applied to human and cultural evolution. Stress placed on human adaptation to environment. Satisfies the university general education requirement in social science (College of Arts and Sciences) 253 102 Culture and Human Nature (4) Introduction to cultural and social anthropology with emphasis on the continuing human adaptation to the environment and especially the interactions among culture, society and natural environment. Satisfies the university general education requirement in social science. Satisfies the university ethnic diversity requirement 190 Current Issues in Anthropology (4) Designed for the general student, this course examines issues of current interest in anthropology. Topic will be announced at the time of offering 200 Global Human Systems (4) Introductory survey of the worldwide distribution, variation and interconnections of cultural, economic and political systems. Basic concepts in the field of human geography and other social sciences, as relevant, will also be introduced. Identical with 200 and 200 210 Applied Anthropology (4) Introduces applied anthropology through an examination of cross-cultural training in various fields, such as business, education, economic development, cultural resource management and medical anthropology. Various data collection methods and techniques as well as interpretive strategies are examined. Prerequisite 102 222 Introduction to Anthropological Archaeology (4) Introduces the field of anthropological archaeology through examination of theory, data collection methods and techniques, and interpretive strategies used to understand human histories, life-ways and cultural processes 271 Magic, Witchcraft and Religion (4) Anthropological theories of magic, witchcraft and religion: human interaction with beings, creatures and forces that manifest extraordinary powers; folk beliefs of nonliterate people; and transformation of social systems by religious movements. Identical with 271. Prerequisite 102 or sophomore standing 282 The Prehistoric Origins of Civilization (4) The development and spread of culture in the period before written history, using archaeological evidence from Neolithic Old World and New World sites. Cultural evolution from early farming and settlement to the rise of complex civilization. Prerequisite 101 300 Culture, Society and Technology (4) Technology has played a critical role in all human evolution. This course provides a historical overview of the ways in which culture has shaped technology and how technology changes cultures. It emphasizes the impact of technology on modern cultures, especially technology emanating from the Western industrial revolution. Satisfies the university general education requirement in social science 302 Anthropological Research Methods (4) Techniques of anthropological research emphasizing field research methods in cultural anthropology. May include some field work practice. Prerequisite 102 or 100 305 The Life Course in Anthropological Perspective (4) Socialization from infancy to old age will be considered with examples drawn from a variety of non- industrial societies as well as the literature on primates. Theories of human development across cultures will be viewed in light of this evidence. Identical with 305. Prerequisite 102 or 200 307 Culture and Society Through Film (4) The systematic study of selected peoples from different cultures through the ethnographic film and appropriate readings, lectures and discussions. Students learn to evaluate cultural data according to various anthropological concepts and methodologies. Satisfies the university general education requirement in social science. Prerequisite: Junior standing or permission of instructor. 254 (College of Arts and Sciences 308 Native American Art (4) Identical with 308. Satisfies the university ethnic diversity requirement. Prerequisite: 4 credits in art history 309 Pre-Colombian Art (4) Identical with 309. Prerequisite: 4 credits in art history or 250 310 Psychological Anthropology (4) Focuses on the relationship of culture and the individual; considers personality, perception, dreams, and other areas of psychological functioning in cross-cultural perspective and in relation to culture and personality theory. Prerequisite 102 320 Law and Society (4) Identical with 320. Prerequisite 100 or 102 322 Subsistence and Technology in Nonindustrial Society (4) Technologies of different cultures; implications for the individual, society and cultural survival; ecology of tribal, peasant and industrial cultures with emphasis on subsistence technology of non-Western cultures. Identical with 322. Prerequisite 102 331 Racial and Ethnic Relations (4) Identical with 331. Satisfies the university ethnic diversity requirement 333 Medical Anthropology (4) Interaction between biological, ethnopsychiatric and sociocultural environments in health, illness and treatment. Includes historical, organizational, demographic, ecological and other problems in health care delivery. Prerequisite 102 or 100 or 100 or 200 337 Women\u2019s Lives in Cross-Cultural Perspective (4) The lives of women in a variety of tribal and peasant societies, noting how beliefs, rituals and taboos shape the stages of the female life course and how culture influences women's reproductive and economic roles. Identical with 337. Prerequisite 102 or 200 361 Peoples and Cultures of India (4 survey of contemporary society and culture on the Indian subcontinent, with focus on India, Pakistan and Bangladesh; emphasis on social structure, folk religion and the problems of socio-cultural change. Prerequisite 102 or 240 362 Peoples and Cultures of China (4) An anthropological study of China, stressing the variety of cultural and ecological adaptations character- istic of that complex society. Prerequisite 102 or 210 363 The Asian American Experience (4) History of Asian migration to North America and adjustment patterns of Asian American immigrants. Students will study Americanization by making maps, charting kinships, interviewing informants, collecting and documenting life histories, analyzing folklore and taking photographs. Prerequisite 102 or 100 or permission of instructor 370 Archaeology of Mesoamerica (4) The pre-Hispanic culture of Mexico and Guatemala, the Aztecs and Mayas, and their neighboring and derivative cultures. Detailed discussion of the major archaeological sites. Prerequisite 101 or 102 (College of Arts and Sciences) 255 371 Peoples and Cultures of Mexico and Central America (4) Anthropological studies of Indian and Mestizo societies in Mexico and Guatemala, including their separate socio-economic patterns and their integration into a dualistic social system. Prerequisite 102 or 250 372 Indians of South America (4 survey of the native South Americans. Includes warriors of the jungles, peasants and herders of the mountains, nomads of the plains and forests, and subsistence fishermen of the southern coasts. Prerequisite 102 or 250 374 Cross-Cultural Communication (4) Identical with 374. Satisfies the university ethnic diversity requirement 375 Language and Culture (4) Identical with 375. Satisfies the university ethnic diversity requirement 380 Archaeology of North America (4) The evolution of native North American cultures (including Mesoamerica) from 50,000 B.C. to 1500 A.D., with emphasis on the ecological factors in the development of culture areas. Prerequisite 101 381 Peoples of North America: Indians and Inuit (Eskimos) (4) The culture of certain North American societies and their adaptation to Western contact. Satisfies the university ethnic diversity requirement. Prerequisite 102 382 Advanced Physical Anthropology (4) The emergence and diversification of the human species in relation to the morphology and ecology of both modern and fossil man, including physical and physiological variation (sex, race and age), climatic adaptation and population genetics. Prerequisite 101 383 Methods in Anthropological Archaeology (4 or 8) Instruction and field research including site location, excavation and artifact analysis, and conservation. If taken once for 4 credits, may be repeated once more for 4 credits. Prerequisite 101 384 Museum Studies in Archaeology (4 or 8) The organization, goals and funding of archeological museums. Career preparation including hands-on practical experience in acquisitions, cataloging, preservation, display design and preparation, display evaluation, museum education and outreach programs. Prerequisite 101 or 383 or permission of instructor 391 Primate Behavior (4) Various bio-social factors that aid the nonhuman primates in their adaptation to the environment, implications for human behavior, classroom discussions and field studies. Prerequisite 101 or 102 or 100 or 100 or 301 392 Current Problems in Anthropology (2 or 4) Seminar in which a topic or problem is studied in depth. Each seminar requires independent readings and writing. Prerequisite: Permission of instructor 399 Field Experience in Anthropology (4) Field experience in anthropology with faculty supervision. An academic project related to the departmental discipline that incorporates student performance in an occupational setting. May not be repeated for credit. Prerequisite: 16 credits in anthropology, of which at least 8 must be at the 300/400 level, and permission of instructor. 256 (College of Arts and Sciences 400 Theories of Society and Culture (4) The major theoretical foundations of modern sociology. Identical with 400. Prerequisite 102 or 100 401 Social Anthropology (4) Examines social structure and social organization in anthropological perspective. Entails the study of economic, political, religious and kinship systems in the social life of man. Prerequisite 102 410 Human Adaptation (4) Examines current theory on the cultural and biological adaptation of human groups to natural and social environments. Identical with 410. Prerequisite 101, 102 or 322 430 Systems of Wealth and Power in Anthropological Perspective (4) Concepts and methods of political and economic anthropology, emphasizing the interrelated state of political and economic phenomena, with particular reference to preindustrial, non-Western societies. Prerequisite 102 480 Independent Study and Research (2 or 4 tutorial in which the student will pursue a course of reading and research with the instructor. May be repeated only once for credit. Prerequisite: Permission of instructor 497 Apprentice College Teaching (2 or 4) Supervised participation in teaching an undergraduate course in anthropology, combined with readings and discussion of teaching objectives and methods appropriate for anthropological presentation. May be taken only once for credit toward a major. Prerequisite: Senior anthropology major and permission of instructor 100 Introduction to Sociology (4) Introduction to the basic concepts of sociology relating to the study of people as participants in group life. Particular attention is given to culture, socialization and self development, social class, and major social institutions. Satisfies the university general education requirement in social science. Also satisfies the university ethnic diversity requirement 190 Current Issues in Sociology (4) Designed for the general student, this course will examine issues of current interest in sociology. The topic will be announced at the time of the offering 202 Introduction to Methods of Social Research (4) The collection, organization, analysis and interpretation of social data; elementary techniques of understanding and using quantitative evidence in sociological research. Strongly recommended as prerequisite for 204 204 Using Computers in Social Research (4) This laboratory course provides students with hands-on experience in computing activity, including mainframe and microcomputers, and is designed to show how computers are used in social research. Statistical software packages will be used. Recommended prerequisite 202 205 Current Social Problems (4) Presents sociological approaches to analyzing social problems. Particular attention is given to evaluation of the causes and consequences of social problems, as well as of their proposed solutions 206 Self and Society (4) Examines the reciprocal relationship between the individual and the group. Emphasizes the social roots of human nature, the self, social interaction, definitions of reality, socialization and social character. Satisfies the university general education requirement in social science (College of Arts and Sciences) 257 207 Human Sexuality (4) Examines human sexuality from a societal and interpersonal context. Includes methodological and conceptual issues in the study of sexuality; socialization and control of sexuality; sexuality as a social process; the influence of culture, race, and gender; and the social aspects of biological issues. Identical with 207. Prerequisite 100 or 206 240 Sociology of Crime and Punishment (4) An introduction to the study of crime and the system of criminal justice in the United States. Provides an overview of different theories of crime, the production of crime statistics, types of offenses, the role of the police, courts and correctional agencies, and public policy. Also includes a comparison of street crime with white-collar crime. Recommended for all students in the social justice and corrections concentration. Prerequisite 100 300 Alcohol, Drugs and Society (4) An overview of the sociology of substance use and abuse. Includes a review of sociological perspectives, social control of alcohol and drugs, descriptions of alcohol/drug behavior and treatment programs. Also explores ways in which substance abuse problems can be addressed by policy makers, health care professionals and practitioners in the field of substance abuse. Prerequisite 100 301 Social Stratification (4) The concepts of class, caste and race in relation to social conflict and social integration. Students will study these problems in a cross-cultural perspective, emphasizing comparative materials. Prerequisite 100 303 Social Statistics (4) Interpretation of social data by quantification and statistical reasoning. Prerequisite: Two years of high school mathematics 305 Sociology of Religion (4) An analysis of the social components of religious experience, meaning and behavior; emphasis on the relationship between organized religions and other social institutions and such processes as conversion, commitment, sectarianism, accommodation and secularization. Identical with 305 308 Population Dynamics (4) Historical analysis of world population growth, focusing on relationships among population size, popula- tion policy, and social and economic development. Prerequisite 100 314 Introduction to Social Work (4 study of the social work profession and the social context of welfare policies; the relationships between social structure and the development of social work practice; and public and private welfare organizations. Prerequisite 100 or two courses in psychology or human resource development 315 Social Welfare Policies (4) Survey of the development of social welfare programs in the U.S. and internationally. Issues related to the problems of poverty, policy analysis and program evaluation related to social welfare in the U.S. and other countries are examined. Prerequisite 100 or 314 316 Theory and Practice of Social Work (4) Provide a conceptual framework for the practice of social work in diverse client settings while preparing students with necessary skills for internship placements. Prerequisite 314 320 Law and Society (4) Explores the concept of law and its expression in different societies and cultural contexts. The comparative development of legal institutions is studied in relationship to social structure. The organization of the legal system and profession is studied as related to the capacity of the law to affect behavior as an instrument of social control. Identical with 320. Prerequisite 100 or 102. 258 (College of Arts and Sciences 323 Juvenile Delinquency and its Social Control (4) Nature and types of juvenile delinquency, the relation of juvenile delinquency to the stress of adolescence and the specific social situation, methods of preventing delinquency or its recurrence. Prerequisite 240 325 Drugs, Crime and the Criminal Justice System (4) The sociology of drugs, crime and the criminal justice system. Focuses on symptoms of community crime, criminalization, social control of alcohol/drugs, marginalization of drug users/abusers, legal issues and role of criminal justice system in crime control. Explores responses of policy makers, agents of social control and community agencies. Prerequisite 100 327 Police and Society (4 study of police techniques and problems, of deviant citizen-police relations, and of social control in a field where power is high and visibility is relatively low. Topics include the defenses against corruption and the containment concept of police 328 Sociology of Health and Medicine (4) The sociological study of medicine and the uses of sociology in medicine, definitions of health and illness, disease and death, health care occupations, medical malpractice, the organization of health services and trends in health and medicine. Prerequisite 100 330 The Sociology of Deviance (4) An overview of the sociology of deviance, including theoretical approaches, the social construction of deviance, and contemporary empirical research. Prerequisite 100 331 Racial and Ethnic Relations (4 study of racial, ethnic and religious groups, particularly those of the U.S., emphasizing their historical development, problems of adjustment and assimilation and contemporary problems and trends. Satisfies the university ethnic diversity requirement. Identical with 331. Prerequisite 100 335 The Family (4 comparative and historical study of the family. Identical with 335. Prerequisite 100 or 200 336 Sociology of Gender (4) The social construction of femininity and masculinity through social interaction and social institutions. Focus on education, family, media, politics, economy, and sport. Identical with 336. Prerequisite 100 or 200 337 Interpersonal Relationships (4) Focuses on interdisciplinary research of social and personal relationships, concentrating on how scholars investigate relational phenomena; the development, maintenance and dissolution of relationships; relational or couple processes; and influences of networks, norms, gender, ethnicity and social structure. Prerequisite 100 or 206 345 Urban Sociology (4) The social structure, culture and ecology of early and contemporary urban communities; institutional responses to the problems of modern urban life. Prerequisite 100 346 Communities (4) Focuses on the forms and functions of local communities, including neighborhoods and social networks. Both theoretical and applied implications of these structures for community organization and develop- ment are explored. Prerequisite 100 (College of Arts and Sciences) 259 350 The Sociology of Work (4 study of how high technology, computers, and a shift in the economic base of employment are transforming work in contemporary society, why this is happening, and the social, psychological, political and cultural impact of change in the workplace. Prerequisite 100 352 Women and Work (4 sociological study of women\u2019s domestic and labor market activity in historical context, with emphasis on understanding the causes and consequences of sex segregation. Identical with 352. Prerequisite 100 or 200 357 Industrial Sociology (4) The relationship between industrial and business organizations and the community; the study of occupations, labor unions, informal work groups and the character of American occupational life. Prerequisite 100 371 Forms and Effects of Mass Communication (4) Techniques of disseminating ideas and information through the mass media; evaluation of the effect of mass media on values of individuals and policies of institutions. Identical with 371. Prerequisite 100 or sophomore standing 373 Social Control of Mass Media (4) The major sociological factors that control the informational content of the mass media; differences between the structures and processes of control in the print and electronic sectors of the media. Identical with 373. Prerequisite 371 376 Language and Society (4) Identical with 376 381 Theories of Modern Organizations (4) Emphasizes degree to which modern society is based upon formal organization. Topics include: theories of human organization, as well as the study of bureaucracies, features of organizations and the effects of organization on American culture 392 Current Problems in Sociology (2 or 4) Seminar in which a topic is studied in depth. Each seminar requires independent readings and writing. Prerequisite: Permission of instructor 399 Field Experience in Sociology (4) Field experience in sociology with faculty supervision. An academic project related to the departmental discipline that incorporates student performance in an occupational setting. May not be repeated for credit. Prerequisite: 16 credits in sociology, of which at least 8 must be at the 300/400 level, and permission of instructor 400 Theories of Society and Culture (4) The major theoretical foundations of modern sociology. Identical with 400. Prerequisite 100 or 102 401 Survey and Interview Techniques (4) Field interview techniques, questionnaire design, scaling and index construction, experimental and quasi-experimental designs, program evaluation techniques. Prerequisite 202, 204 402 Small Groups (4) The study of small group relations and the informal understandings, codes and conventions that they generate. Considers dynamics of individuality, leadership, conformity and esprit de corps in a group setting. Identical with 402. Prerequisite 100. 260 (College of Arts and Sciences 403 Computer Packages in Social Science (4) Principles of packaged programs, with practice in data editing and analysis with (Statistical Package for the Social Sciences) and BMDP. Comparative merits of different packages. Prerequisite 203 and 204 or equivalent 412 Police Budgeting and Personnel Management (4) Finance and resource allocation methods used by local and state police agencies. Topics include funding sources, expenditure patterns, resource allocation techniques and stakeholder influence. Identical with 412 420 Research and Policy Evaluation in Criminal Justice (4) Overview of problems of conducting research and policy evaluation in criminal justice agencies, including history of such research and \u201cproblem oriented\u201d approach to policing. Prerequisite 202, 204, or equivalent, and 240 202 and 204 may be taken concurrently 425 Corrective and Rehabilitative Institutions (4) Overview of prison and correctional systems in the United States. Includes reviews of the historical development of corrections and current issues in corrections, including sentencing practices, overcrowd- ing, race relations, budget constraints and substance abuse. Explores ways in which these problems are addressed by criminal justice practitioners. Prerequisite 240 430 Internship in Criminal Justice (2 or 4) Field placement and supervision of students in police, prison, and parole organizations and agencies. Prerequisite: Enrollment in criminal justice concentration and written permission of instructor 432 Internship in Social Work (4) Field placement in a social service agency in which students are supervised by professional social workers. Students learn how to handle process notes, develop interviewing skills, investigate community resources and interpret agency policies. Prerequisite 314 and 315; enrollment in the concentration and approval of concentration coordinator 437 Sociology of the Courts (4) The roles of judges, court officers, jury and attorneys are described and analyzed in the context of their professional matrix. Prerequisite 100 and 240 460 Political Sociology (4) Sociological factors that influence distribution of power within a society: political communication, maintenance of political consensus, the revolution process, the structure of political parties and the emergence of new states. Prerequisite 100 465 Sociological Perspectives on Aging (4) Recent sociological perspectives on aging: topics include status of persons approaching and past retirement age, family and community roles and relations, and occupational and political participation. Prerequisite 100 and junior standing or above 480 Independent Study and Research (2 or 4) Directed individual reading and research. Prerequisite: Permission of instructor 497 Apprentice College Teaching (2 or 4) Supervised participation in teaching an undergraduate course in sociology, combined with readings and discussion of teaching objectives and methods appropriate for sociological presentation. May be taken only once for credit toward a major. Prerequisite: Senior sociology major and permission of instructor (College of Arts and Sciences) 261 Coordinator: Arik Dvir (Biological Sciences) Biochemistry Committee: Arthur W. Bull (Chemistry), Denis M. Callewaert (Chemistry), John D. Cowlishaw (Biological Sciences), Anne L. Hitt (Biological Sciences), Kathleen H. Moore (Chemistry) This interdepartmental program offers a Bachelor of Science degree with a major in biochemistry. The biochemistry program is based on faculty resources and research facilities in the departments of Biological Sciences and Chemistry. The curriculum is designed to prepare students for a career in biochemical research, graduate study in biochemistry or molecular biology, or professional education in medicine, dentistry or other health sciences. The specialized research facilities for cellular and analytical biochemistry at Oakland University include tissue culture facilities, an ultracentrifugation laboratory, isotope laborato- ries with beta and gamma counters, equipment for gas and high pressure liquid chromatography, and GC/MS, UV-vis, fluorescence, NMR, EPR, laser Raman, and atomic absorption spectrom- eters. Recent biochemical instrumentation acquisitions include a flow cytometer, a radioiso- topic image analyzer, automated capillary electrophoresis, confocal microscope and sequencer. Undergraduate students in the biochemistry program have access to faculty research laboratories and are encouraged to participate in various ongoing research programs such as studies in metabolism, gene expression, hormone action, immunochemistry, molecular biol- ogy, molecular genetics and macromolecular structure. The minimum requirement for a B.S. in biochemistry is 124 credits, including course work in biological sciences (16 credits), chemistry (32 credits) and biochemistry (12 credits) as detailed below. No more than 8 credits of course work used to fulfill the requirements of a major or minor in biology or chemistry may be used to fulfill the requirements of a major in biochemistry. Admission to major standing Students may apply for major standing after completion of 18 credits of chemistry and at least 8 credits of biology from the requirements listed below, with a grade point average (GPA) of at least 2.50 in those courses. The biochemistry committee must approve major standing and a detailed plan of study at least three semesters prior to graduation. Requirements for the Bachelor of Science degree in biochemistry Students wishing to select the biochemistry major should prepare a detailed plan of study in consultation with a member of the Biochemistry Committee. To earn the Bachelor of Science degree with a major in biochemistry, students must complete: 1. Sixteen or more credits of biology chosen in consultation with the biochemistry program coordinator from the following courses 111, 113, 309, 310, 319, 320, 321, 322, 323, 324, 341 or 393. Other appropriate courses may be approved on an individual basis. 2. Thirty-two credits of chemistry, including 157 - 158 (or 167 - 168), 234-235, 237, 325, 342 and 343. 3. Twelve or more credits of biochemistry including 453, 454 and 457 and additional credits selected from the following courses 407, 423, 439, 440, 441 458, 553, 554, 581; or 490. 4. Corequisites in mathematics 154 and 155) and physics 151 and 152 226 and either 220 or 125 are recommended electives. 262 (College of Arts and Sciences) 5. Admission to major standing as described above at least three semesters prior to graduation. Program honors and scholarships Program honors may be granted to graduating seniors in biochemistry on the basis of high academic achievement (minimum 3.60 overall grade point average) and excellence in biochemical research at Oakland University. The Professional Biochemistry Scholarship sponsored by Oxford Biomedical Research Inc. will be awarded to a junior biochemistry major who shows promise for achievement in the field based on performance in 453/454/457 and evaluation by the Biochemistry Committee. Concentration in preprofessional studies in medicine, dentistry, optometry and veterinary medicine The Bachelor of Science degree with a major in biochemistry provides students with all the requirements for a concentration in preprofessional studies with the exception of 158, which needs to be completed. The Bachelor of Science degree and the Bachelor of Arts degree with a major in chemistry provide students with all the requirements for a concentration in preprofessional studies with the exception of 158, which must be completed, and five courses in biology/biochemistry. Students interested in a medical career should refer to the concentration in preprofessional studies in medicine, dentistry, optometry and veterinary medicine (Other Academic Options) and consult with the biology or biochemistry adviser and with the preprofessional studies adviser. Course Offerings The program offers selected courses from this catalog as warranted by student needs and availability of faculty. Specific offerings for each term may be found in the Schedule of Classes 453 Biochemistry (3) First course in a comprehensive biochemistry sequence. Structure and function of proteins, carbohydrates and lipids. Enzyme mechanisms, kinetics and regulation. Bioenergetics and catabolism. Identical with 453. Prerequisite 235 454 Biochemistry (3) Metabolic pathways and control. Nucleic acid structure, function and processing, including regulation of gene expression. Selected topics in molecular physiology. Identical with 454. Prerequisite 453 457 Biochemistry Laboratory (2) Techniques of extraction, separation, identification and quantification of biomolecules, including electrophoresis, chromatography and radioisotope techniques, with emphasis on mathematical treatment of experimental data. Identical with 457. Prerequisite 453, which may be taken concurrently 489 Biotechnology Internship (2, 3 or 4) The application of biochemical principles and methods in an off-campus technical setting that has been pre-approved by program committee. Does not count toward major credit. Graded S/U. May be repeated for a maximum of 6 credits. Prerequisite 453, approved major standing, permission of instructor 454, 457 should be taken concurrently 490 Biochemistry Research (1, 2, 3 or 4) Laboratory experience in biochemical research requiring at least four hours of work per week per credit. May be repeated for credit. Graded or numerically by written arrangement with faculty research mentor. Graded option requires a written report of research accomplishments and is limited to a total of 4 credits. Prerequisite: Permission of instructor (College of Arts and Sciences) 263 Director: Paul Tomboulian (Chemistry) Designed to integrate applied scientific specialties within the broad field of environmental health, the environmental health curricula prepare students for a variety of professional opportunities in government as well as the private sector, and for graduate study in such fields as toxic substance management, public health, toxicology, pharmacology, industrial hygiene and environmental planning. Graduates of the program should be able to identify and evaluate a broad range of environmental problems. In addition, they should be able to offer solutions, anticipate hazards and prevent future problems. Studies include such areas as health in the work place, toxic substance regulations, applied ecology, pollution prevention, air resources, water resources and public environmental policy. Requirements for the B.S. degree To earn a Bachelor of Science degree with a major in environmental health, students must complete a minimum of 128 credits: 1. An introductory prerequisite core of a minimum of 34 credits, to be completed with a 2.00 average before major standing is awarded, including 111 157 (or 167), 158 (or 168 151, 152 (or, for students not considering graduate work 101 and 102), and 8 credits in mathematics above 121 or 141, usually including 225 154 is strongly recommended 155 is recommended for students considering graduate education). 2. Major standing to be awarded three semesters before graduation, and before a student achieves senior status, otherwise graduation may be delayed. 3 program of a minimum of 54 credits in advanced courses, including 325 and 308 plus courses required by one of the three specializations, which must be approved by the program director. At least 36 credits must be in courses at the 300 level or above, and 30 credits must be in approved courses numbered 350 and above. Except for courses, no more than 24 credits in any one course rubric (such as BIO, CHM, etc.) may be used to fulfill the major. At least 16 of the credits taken at the 300 level or above must be taken at Oakland University. 4. Completion of one of the specializations described below. Students desiring to complete two specializations must take 16 credits of nonduplicative course work. Specialization in occupational health and safety Based upon an extensive curriculum planning study, this option combines environmental and occupational health perspectives in scientific and technical courses designed to provide preprofessional training for careers relating human health and safety factors to working conditions. Students learn to recognize, evaluate and control actual and potential environmen- tal hazards, especially undesirable occupational health and safety conditions and practices. The option emphasizes environmental and occupational toxicology. Required course work includes 207 or 321 234-235 355, 386, 387, 388, 474, 484 (or 403). 264 (College of Arts and Sciences) Recommended electives include 301 325 or 453 381 or 382 364, 368, 452, 461, 470, 486 353 433, 451, 464. Elective courses for the specialization must be approved by the program director. Specialization in public health This option emphasizes the protection of human health through the management, control, and prevention of environmental factors that may adversely affect human health. Many opportunities exist at local and state levels of government to improve health and environmental quality, focusing on toxic substance control, food protection, water quality and waste manage- ment. Required course work includes 355, 356 and 461 207 or 321 307 or 319 or 331 484 or 403 381 or 382. Recommended electives include 205, 375, 393, 423 234, 310, 412, 413 460 364, 368, 373, 384, 386, 388, 452, 484, 485, 486 302, 350, 353, 355. Specialization in environmental and resource management This option emphasizes the wise use of resources, especially as they affect human health and well-being. Program electives offer training for a variety of field and laboratory opportunities including planning, resource management, environmental protection and public policy. Required course work includes 355, 461 301 and one additional laboratory course 302 or 350 or 355. Recommended electives include 207 or 321, 303, 311, 327, 333, 373, 375 234- 235 381 or 382 322, 368, 373, 386, 470, 484, 485, 486 302, 305, 350, 353, 355. Elective courses for the specialization must be approved by the program director. Specialization in toxic substance control This option is designed to provide training for professional opportunities in environmental toxicology, environmental health chemistry, and toxic substance management. The major focus is on toxicological principles and their applications to the production, distribution and release of toxic substances, especially as they may cause environmental problems. Risk assessment, problem solving and legislative compliance are emphasized. Required course work includes 301 234-235 325 or 453 461, 484 (or 403) and 486. Recommended electives include 207 or 321, 375 310, 412, 413, 454, 470, 581 381 or 382 364, 368, 386, 387, 388, 452, 470, 474 302, 353, 355 460. Elective courses for the specialization must be approved by the program director. Requirements for the liberal arts minor in environmental health The following 19 credits are required for this minor 308, 355, 356 or 373 or 452, 368 or 461, 484 or 485 or 486 plus six credits of approved electives. An approved Concentration/ Minor Authorization Form must be filed three semesters prior to graduation. Course Offerings The program offers selected courses from this catalog as warranted by student needs and availability of faculty. Specific offerings for each term may be found in the Schedule of Classes 308 Introduction to Environmental Studies (4) Survey of a broad range of environmental issues from a scientific viewpoint. Basic ecological and thermodynamic principles with applications to air, water and land pollution; human demography and food supplies; alternative futures. Satisfies the university general education requirement in natural science and technology. Prerequisite: Sophomore standing (College of Arts and Sciences) 265 312 Energy and the Environment (4) Basic facts of energy: sources, forms, the roles it plays, and its ultimate fate. Includes study of laws limiting energy utilization, energy flow patterns, effects of energy use on the environment and analyses of current energy-related problems. Prerequisite: Sophomore standing; mathematics proficiency at the 011 level 322 Subsistence and Technology in Nonindustrial Society (4) Identical with 322 350 Selected Topics (1, 2, 3 or 4) Technical studies in special areas; topics vary with semester. May be repeated for credit. Prerequisite: Junior standing and permission of instructor 355 Public and Environmental Health (3) Emphasizing a public health perspective, this course surveys human health issues along with control strategies to reduce risk. Topics include: epidemiology, disease vectors, drinking water, occupational health, food protection, solid and hazardous wastes. Prerequisite: Sophomore standing 356 Public and Environmental Health (3 continuation of the topics in 355, with an emphasis on administrative practice, disease prevention, health promotion, regulatory frameworks and compliance. Prerequisite: Sophomore standing 364 Hazardous Materials Emergency Response (3) Review of standard operating procedures when dealing with responses to hazardous materials incidents. Planning procedures, policies and application of procedures for incident levels, personal protective equipment, decontamination, safety, communications and governmental reporting are stressed. Prerequisite: Sophomore standing 368 Fundamentals of Hazardous Materials Regulations (3) An introduction to the regulations governing the manufacture, use, storage, transportation, treatment and disposal of hazardous materials. Related management issues of liability, compliance, ethics, assessment, remediation and clean-ups will be discussed. Prerequisite: Sophomore standing 386 recommended 373 Water Resources (3) Analysis of natural water systems, introductory hydrology, the chemistry of eutrophication, and wastewa- ter systems. Emphasis is on applications, including water pollution abatement and management strategies. Prerequisite 158 (or 168) and sophomore standing 384 Global Environmental History (4) Identical with 384. Prerequisite 160 386 Principles of Occupational Health (3) Recognition, evaluation and control of chemical and physical stresses in the workplace that may adversely affect human health. Prerequisite: Sophomore standing 113 234; physics is desirable 387 Industrial Hygiene Field Survey (3) Selected subjects of current interest in occupational and environmental health and review of occupational health programs at local industrial companies through site visits. Prerequisite 386 recommended 388 Occupational Health Control Methods (3) Theory and practice in the control of occupational health hazards, including personal protective equipment, noise, radiation, ventilation and engineering design. Prerequisite 386 recommended. 266 (College of Arts and Sciences 390 Directed Studies (1, 2, 3, 4 or 6) Studies in special areas, often individually arranged. May be repeated for credit. Preparation of study plan and instructor\u2019s approval are required before registration. Graded S/U. Prerequisite: Permission of instructor 410 Human Adaptation (4) Identical with 410 452 Pollution Prevention (3) Problems of air and water pollution, solid waste management, hazardous material handling, life cycle analyses and pollution control examined from several viewpoints. Solutions to pollution problems, control technologies, practical aspects and compliance with regulations. Prerequisite: Sophomore standing 158 (or 168 461 Environmental Law and Policies (3) Legislative and legal perspectives on environmental and occupational health issues. Special emphasis on current laws and regulations, as well as their impact on the groups regulated. Prerequisite: Sophomore standing 470 Environmental Health Internship (2) Supervised practical experiences in a variety of environmental health settings. Graded S/U. Prerequisite: Permission of instructor 474 Industrial Hygiene Monitoring Methods (3) Sampling and analysis of occupational health hazards and evaluation of the effectiveness of industrial hygiene control methods in laboratory and field locations. Prerequisite 386 recommended 484 Environmental Toxicology (3) Principles of toxicology applied to a variety of biological systems: exposure, biotransformations, mecha- nisms of toxicity, dose-response relationships and factors influencing toxicity. Prerequisite 235; biochemistry desirable 485 Environmental Fate and Transport (3) Distribution and transformation of chemical pollutants in air, water and soil. Topics include chemical equilibrium and mass transport processes, biotic and abiotic transformations, hydrology, and physiochemical properties of chemical pollutants that affect transport, accumulation and degradation. Prerequisite 235 486 Toxic Substance Control (3) Quantification and management of toxic substances, including production, use, distribution, exposure and control. Risk assessment and regulatory strategies will be emphasized. Prerequisite 111, 113 234 (College of Arts and Sciences) 267 Director: Suzanne M. Spencer-Wood (Anthropology) Assistant director: Joanne E. Reger (Sociology) Women's Studies Executive Committee: Stacey Hahn (French), Rose Hughes, Barbara Mabee (German), Mildred Merz (Kresge Library), Linda Schweitzer (Chemistry), Gary Shepherd (Sociology), Margaret Willard-Traub (Rhetoric), Susan Wood (Art History) Chief adviser: Suzanne M. Spencer-Wood (Anthropology) Women's studies constitutes an interdisciplinary field devoted to the description and analysis of women's experiences in historical and contemporary societies. Particular attention is given to differences among women in various social and cultural contexts, the representation of women in literature, art and the media, and the treatment of women by medical and biological sciences. Women's studies uses feminist methodologies and theories to describe and analyze the impact of social movements, historical events, public policy and other social facts and forces on women's positions in societies. Specific attention is given to the conditions that promote and impede women's progress. Requirements for the liberal arts major in women's studies, B.A. program The major requires a minimum of 40 credits in women's studies, distributed as follows: 1. Core 200, 320, 321, 399, 405. Students must earn a grade of at least 2.0 in both 200 and 320. 2. Five courses selected from 351 305, 337 327 481 561 322, 339, 361, 362, 375 305 307 311 374 365 207, 335, 336, 352 300, 301, 400, 401. Other women's studies cross-listed courses or approved women's studies electives may be substituted for the above listed courses, with the approval of the women's studies director. 3. At least 28 credits counted towards the major must be at the 300 level or above. Note: To remain in good standing students must complete all other courses in the major with a cumulative grade point average of at least 2.00. Requirements for a liberal arts minor in women's studies To earn a minor in women's studies, students must complete a minimum of 20 credits in women's studies distribution as follows:. 1. Core 200, 320, 321. Students must earn a grade of at least 2.0 in both 200 and 320. 2. 8 credits at the 300 level or above chosen from the above list of electives. 268 (College of Arts and Sciences) Course Offerings 200 Introduction to Women's Studies (4) Core course provides an overview of women's studies theories and methods. Strictly interdisciplinary and comparative in approach, offering a general education in women's studies literature, history, economics and culture. May be used in lieu of one of the College of Arts and Sciences' distribution categories 207 Human Sexuality (4) Identical with 207. Prerequisite 100 or 206 300 Women in Transition (4) Focuses on life experiences unique to women. Major issues include identity and independence, marriage, childbirth, adulthood and aging 301 Special Topics in Women's Studies (4) Course content varies. Representative topics have included: gender, ethnicity and representation; black women in America; women in German literature and culture 305 Anthropological Perspectives on the Life Cycle (4) Identical with 305. Prerequisite 102 or 200 307 Philosophy of Gender (4) Identical with 305. Prerequisite 160 and one course in philosophy or one course in women's studies 311 Women and Politics (4) Identical with 311 320 Feminist Theory (4) Overview of the development of the 19th and 20th century Western feminist theories, with special emphasis on the history of the women's movement in the U.S. and controversies in contemporary feminist thought and practice. Includes analysis of categories such as gender, sexual identity, race and class. Prerequisite 200 or permission of instructor 321 Methods of Feminist Analysis (4) Explores how connections among epistemologies, methodologies and research methods are formed in traditional disciplines. Feminist critiques of these epistemologies. Introduction to feminist critiques of research and to a range of research methods utilized by feminist scholars. Prerequisite 200 or permission of instructor 322 Women in Modern America (4) Identical with 322. Prerequisite 160 335 The Family (4) Identical with 335. Prerequisite 100 or 200 336 Sociology of Gender (4) Identical with 336. Prerequisite 100 or 200 337 Women's Lives in Cross-Cultural Perspective (4) Identical with 337. Prerequisite 102 or 200 339 Women in Early Modern Europe (4) Identical with 339. Prerequisite 160 (College of Arts and Sciences) 269 351 Women in Art (4) Identical with 351. Prerequisite 101 or 200 352 Women and Work (4) Identical with 352. Prerequisite 100 or 200 361 History of American Families (4) This course satisfies the university ethnic diversity requirement. Identical with 361. Prerequisite 160 362 History of African-American Women (4) This course satisfies the university ethnic diversity requirement. Identical with 362. Prerequisite 160 365 Women Writing Autobiography (4) Identical with 365. Prerequisite 160 374 Psychology of Women (4) Identical with 374. Prerequisite 100 or 130 375 Women in China, 1600-1900 (4) Identical with 375. Prerequisite 160 399 Field Experience of Women's Studies (4) Field experience in women's studies with faculty supervision. An academic project involving field work or community activism around an issue of importance in women's studies. May not be repeated for credit. Prerequisite 320, 321 or approval of women's studies director 400 Directed Research in Women's Studies (2 or 4) Directed individual study and advanced scholarly research in women's studies. Prerequisite: Approval of faculty adviser and women's studies director 401 Advanced Topics in Women's Studies (4) Course content varies. Representative topics include research methods in women's studies 405 Capstone Course (4) Provides students the opportunity to integrate their theoretical and practical work in women's studies. Students examine a subject using critical analysis and methodological skills, and demonstrate their abilities through class discussion, presentations and critical writing assignments. Prerequisite: Junior or senior standing. 16 credits in women's studies courses including 320 and 321 or approval of women's studies director 481 Gender Socialization in Schools (4) Identical with 481 and 561. 270 (College of Arts and Sciences The minors, concentrations and programs offered in this section are interdisciplinary in nature and are attractive additions to many degree programs in the university. They are available to all students in the university student wishing to pursue any of these minors, concentrations and programs should consult with the coordinator listed with each program and should file a Concentration/Minor Authorization Form where appropriate. Concentration in American Studies Coordinator: Jane D. Eberwein (English) Committee: Sheldon L. Appleton (Political Science), James W. Dow (Anthropology), Todd A. Estes (History), Bruce J. Mann (English), Kathleen Pfeiffer (English), Janice Schimmelman (Art History), Richard B. Stamps (Anthropology), Ronald A. Sudol (Rhetoric) The American studies concentration provides both a broad understanding of the American experience and an introduction to the practice of focused interdisciplinary study. The concentration is taken in addition to a departmental major. By electing departmental courses with an American focus in two or three areas outside the major and framing the concentration with two interdisciplinary American studies courses, students may expect to gain a coherent sense of the national experience and appreciate the various contributions of different academic disciplines. Although not a vocationally directed program, the American studies concentration should be of particular interest to students preparing for careers in law, government and journalism, and those planning graduate work in American studies or any of its contributing disciplines. Concentration requirements include 300, 401, one course in anthropology, one American history course at the 300 level and three electives from the courses listed as electives in the current catalog. No more than two electives may be taken from any one department\u2019s offerings, and at least one must represent a field or fields outside the student\u2019s major. (Those majoring in anthropology or history should be aware that no more than 8 credits may be counted toward both the major and a concentration.) Students interested in pursuing this concentration should file a plan of study with the coordinator. Recommended departmental electives Art and art history 350, 352, 355 English 112, 224, 317, 318, 319, 320, 324, 341, 342 History 114, 115, 292, 301, 305, 306, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 319, 322, 323, 360, 361, 362 Music 200, 338 Political science 100, 115, 203, 300, 301, 302, 305, 307, 323, 324, 326, 327, 340, 341, 342, 371 Sociology/anthropology 100, 205, 210, 315, 331, 357, 373 380, 381 Some 300- and 400-level topics courses offered by contributing departments may also be included in the concentration, with permission of the American studies coordinator (College of Arts and Sciences) 271 Course Offerings The concentration offers selected courses from this catalog as warranted by student needs and availability of faculty. Specific offerings for each term may be found in the Schedule of Classes 300 American Culture (4) An interdisciplinary approach to American culture through examination of several pervading themes (such as manifest destiny, the American dream of success, and tensions between individualism and community). May be used in lieu of one of the College of Arts and Sciences\u2019 distribution categories. Prerequisite: Writing proficiency (may be waived by the concentration coordinator in the case of foreign students). Satisfies the university ethnic diversity requirement 401 Senior Project (4) Either an independent research project or an internship in American studies. Plans for this project must be developed with the concentration coordinator the semester before the student registers for this course. Prerequisite 300. Concentration in Applied Statistics Coordinator: Robert H. Kushler (Mathematics and Statistics) Committee: Keith A. Berven (Biological Sciences), Gerard R. Joswiak (Computer Services), Anandi P. Sahu (Economics), Robert M. Schwartz (Education), Ronald E. Olson (Health Sciences), Mohamed A. Zohdy (Engineering) The University Committee on Applied Statistics sponsors this interdisciplinary concentra- tion in applied statistics, which is available to all university undergraduates. This concentration focuses on the application and interpretation of statistical procedures in the pursuit of empirically based knowledge. In order to be certified by the committee as having fulfilled the concentration requirements, students must complete at least 16 credits in statistics, including: 1. One course at the introductory level 250 251 303 226 or 317) 2 322 3 323 or 324 4. One 400-level course in the student\u2019s major. This course must meet the approval of the University Committee on Applied Statistics. Students who wish to take this concentration must develop a program in consultation with the coordinator or a committee member. Concentration in Archaeology Coordinator: Richard B. Stamps (Anthropology) Committee: Gottfried Brieger (Chemistry), James W. Dow (Anthropology), Suzanne M. Spencer-Wood (Anthropology), Susan E. Wood (Art History) The concentration in archaeology prepares students for graduate study in archaeology. It is also helpful for students interested in an interdisciplinary approach to human cultural development viewed from historical, aesthetic and scientific perspectives minimum of 28 credits are required for this program: 1 100 101 and 222 2. One of the following 310, 312, 314, 380 282, 370, 371, 380, 384, 392 3. 8 credits in field methods 383) 272 (College of Arts and Sciences) 4. At least 4 elective credits. The following courses are recommended for those who wish to expand their background 322, 326 261, 306, 367 and 107. Students are reminded that professional conservation work requires knowledge in botany and chemistry. Students wishing to enroll in the archaeology concentration should file a minor and concentration authorization form with the coordinator. Minors in Computer Science and Computing Coordinator: Subramaniam Ganesan (Computer Science and Engineering) The School of Engineering and Computer Science offers the following two minors, which are available to students in the College of Arts and Sciences. The minor in computer science is suitable for students with majors in mathematics, physics, chemistry or biology, who may wish to emphasize numerical, scientific and engineering aspects of computing. The minor in computing is suitable for students with majors in English, history, modern languages, philosophy, psychology, sociology or anthropology, who may wish to take courses that emphasize non-numerical and symbolic data processing and language translation. With a major in economics, a student may wish to take courses oriented toward application of computers in management data processing. For specific requirements for each of these minors, see the Department of Computer Science and Engineering section of this catalog. Concentration in Criminal Justice Coordinator: Albert J. Meehan (Sociology) The concentration in criminal justice requires at least 28 credits and is to be taken in conjunction with a full major in any department of the college. It provides career-oriented education for students interested in law, in the social forces producing delinquency and crime, in the evaluation of social planning for crime prevention and control, and in the operation of police organizations and correctional institutions. On occasion, courses related to criminal justice may be offered as special topics courses or seminars by participating departments and count for concentration credit. These courses will be identified by the concentration director. Appropriate transfer courses also may be accepted for credit when they meet university equivalency requirements. Students should consult with the concentration director to deter- mine how these courses may fulfill credit requirements student must be formally admitted to the program by meeting with the concentration director and must fulfill the following requirements: 1. 12 credits chosen from 319 241, 340 341 240, 327, 437 2. 12 credits from 321 341, 342 322, 343 and 342 300 320 323, 325, 420, 425 3. Four credits of 430. Students are strongly advised to take 240 at the beginning of their concentration 430, Internship in Criminal Justice, is designed to give students practical experience in the criminal justice or legal system. The student\u2019s particular interests guide the internship selection process. An internship usually involves work in an agency for 20 hours per week and meeting with the internship adviser on a regular basis. Students who qualify may receive paid internships term paper on some aspect of the internship experience is required in order to receive course credit. The internship is a valuable learning experience and should be taken toward the end of the concentration (College of Arts and Sciences) 273 Concentration in Environmental Studies Coordinator: Paul Tomboulian (Chemistry) The concentration in environmental studies introduces students to the newer interdiscipli- nary perspectives needed to address today's environmental problems. Short-and long-range implications of human activities are analyzed, with emphasis on the technical and scientific issues. Requirements for the concentration are a minimum of 28 credits in a planned and approved program of advanced courses, built on introductory work in biology, chemistry, mathematics and physics. Typically the 28 credits would include 308, plus 16 credits of work at the 300 level or above selected from at least three rubrics. Advanced courses in many departments may be suitable for the concentration. In addition to courses, these include, but are not limited to 410 301, 303, 311, 373, 375 384 350, 353 and 355. At least 16 credits must be in nonduplicative course work with another major Concentration/Minor Authorization Form with an approved set of courses must be filed at least three semesters prior to graduation. Consult the program coordinator for details about course sequences and scheduling. Concentration in Film Aesthetics and History Coordinators: Robert T. Eberwein (English) and Andrea Eis (Art History) Committee: Bonnie Abiko (Art History), Peter J. Bertocci (Anthropology), Brian F. Murphy (English) The interdisciplinary concentration in film aesthetics and history, sponsored by the departments of Art and Art History; Center for International Programs; English; Modern Languages and Literatures; Rhetoric, Communication and Journalism; and Sociology/Anthro- pology, offers multiple perspectives for examining theoretical and critical issues of film as art and communication. The introductory courses explore the operation, function and construction of film. The history courses examine narrative and technical developments with emphasis on major directors, genres and trends. The theoretical courses are concerned with the uniqueness of film, its relation to other forms of verbal and plastic arts, and special approaches needed for analysis and enjoyment. The range of viewing experiences and the variety of approaches to the medium provide an excellent preparation for students seeking employment in advertising, publishing, journalism, visual media or teaching, as well as those who wish to pursue film studies on the graduate level minimum of 28 credits is required, including: 1. Three courses chosen from 150 250 251 and 367 2 392 3. Two courses chosen from 300, 301, 302, 303 4. One course chosen from 307 350, 450 303 334; and 268, 368 In special circumstances 450 or 499 may be substituted for one of the courses listed above, with permission of the concentration coordinator. 274 (College of Arts and Sciences) Course Offerings The concentration offers selected courses from this catalog as warranted by student needs and availability of faculty. Specific offerings for each term may be found in the Schedule of Classes 150 Introduction to Film (4) Introduction to the art of film by examination of the filmmaking process, study of narrative and non- narrative film, and exploration of film\u2019s relation to society. Satisfies the university general education requirement in arts and the university ethnic diversity requirement 300 History of Film: The Silent Era (4) Survey of directors and films important in shaping film history: Griffith, Eisenstein, Chaplin, Murnau, Pabst, Lang and others 301 History of Film: The Sound Era to 1958 (4) Examination of significant directors, genres and movements: Welles, Hitchcock, Renoir, DeSica and others; the western, gangster film, musical; neorealism, film noir 302 History of Film: The New Wave and Beyond (4) Study of film since 1959 including such New Wave directors as Truffaut and Godard, and major artists such as Bergman, Kubrick 303 History of Film: Into the 21st Century (4 study of developments in film since the 1980s. Topics include Hollywood cinema, independent film- making, experimental films, third world cinema and various national themes, as well as such major artists as Campion and Lee 350 Topics in Film (4) Examination of specialized subjects in film such as: The War Film, Alfred Hitchcock\u2019s Films, The New Wave, The Japanese Cinema, Censorship 450 Advanced Topics in Film (4) Topics to be selected by instructor. Prerequisite course in film or permission of instructor 499 Independent Study (4) Study on an independent basis for students with demonstrated interest in film proposed course of study must be submitted to the prospective instructor in the semester before the independent study is to be taken. Prerequisite: One course in film. Concentration in French Studies Coordinator: Stacey Hahn (French) The concentration in French studies provides an interdisciplinary understanding of French culture for students not majoring in French. Courses in French language, literature, civilization, art history and history are required. In addition to providing students with a well-rounded background in the area of French studies, this concentration is also useful to students planning graduate work in French history or art history. The concentration offers selected courses from this catalog as warranted by student needs and availability of faculty. Specific offerings for each term may be found in the Schedule of Classes. The concentration requires completion of a minimum of 28 credits, including 8 credits in French language and 20 credits in courses conducted in English as follows.: 1. 8 credits of French language taken at Oakland University. Students must achieve minimally at the 215 level; students who place into 215 will take 215 and 314; if they place higher than 215, they will take 314 plus 4 credits in a higher level course. 2 390 and 375 (both conducted in English (College of Arts and Sciences) 275 3. 8 credits from the following history courses 329, 345, 347, 348 and 349* 4. 4 credits in Art and Art History 326, 360 or 361. Other topic courses in art history may be substituted with permission of the concentration coordinator. *Students must take either 101 or 102 as a corequisite for the concentration (either of which satisfies the general education requirement). This concentration does not constitute a major. Students must elect a major from those offered by the university. Interested students should develop a program in consultation with the coordinator. Concentration in Michigan Studies Coordinator: Richard B. Stamps (Anthropology) Committee: Gottfried Brieger (Chemistry), John B. Cameron (Art History) The concentration in Michigan studies is an integrated program of courses that provides both a broad introduction to and a focused interdisciplinary study of Michigan. Each student is required to take 100 Life in Michigan, which serves to integrate the various disciplinary offerings. No more than 8 credits from the student\u2019s major may be counted toward the concentration. Students wishing to enroll in the Michigan studies concentration should file a minor and concentration authorization form with the coordinator. The concentration requires completion of a minimum of 26 credits, including 100. Students will select the remaining 24 credits from the following courses (4 credits each, except for 373, 3 credits 355 Michigan Architecture 380 Museum Studies in Art History 399 Field Experience in Art History 383 Methods in Anthropological Archaeology 399 Field Experience in Anthropology 373 Field Botany 373 Water Resources (3 302 American Labor History 399 Field Experience in History 305 Politics of the Local Community 307 State Politics 458 Public Affairs Internship Course Offerings The concentration offers selected courses from this catalog as warranted by student needs and availability of faculty. Specific offerings for each term may be found in the Schedule of Classes 100 Life in Michigan (2) An introduction to Michigan history and politics, fine art and archaeology, geology and environment, flora and fauna, climatology, and industry and economic development. Concentration in Preprofessional Studies in Medicine, Dentistry, Optometry and Veterinary Medicine Coordinator: Keith A. Berven (Biological Sciences) Committee: Andrew F.X. Goldberg (Eye Research Institute), Kathy H. Moore (Chemistry), John R. Reddan (Biological Sciences) 276 (College of Arts and Sciences) The concentration in preprofessional studies is intended for students who wish to pursue careers in medicine, dentistry, optometry or veterinary medicine. Students are expected to complete a concentration consisting of the following: 1. At least 20 credits of biology, including some laboratories and the required introductory biology sequence 111, 113, 116), and at least three of the following: Genetics 341, 342 Physiology 207 or 321 and 322 Biochemistry 325 and 326 or 453, 457, 458 Developmental biology 323, 324 Microbiology 319, 320. 2. 20 credits of chemistry 157, 158, 234, 235, 237. 3. 10 credits of physics 101-102 or 151-152 and 158. 4. 8 credits of mathematics 141 plus one of 122, 154 225, 226. Note: preoptometry concentration students must take 12 credits of mathematics including one statistics course 225 or 226). The concentration provides the minimum requirements for admission to various medical, osteopathic, dental, optometry and veterinary schools, and provides the necessary background for the science portion of the standardized aptitude tests: medical (MCAT), dental (DAT), optometry (OAT) and veterinary or GRE). The committee strongly recommends 142 or 144 for better preparation for the nonscience portions of the standardized tests. This concentration does not constitute a major. Students must elect a major from those offered by the university. Interested students should consult with Keith Berven, preprofessional concentration coordinator, for counseling and assistance in planning their academic programs. Concentration in Religious Studies Coordinator: Gary Shepherd (Sociology) Committee: Charles Mabee This concentration offers a series of courses about (or related to) religion, both Western and Eastern, traditional and contemporary. Course goals include understanding a pervasive human phenomenon in the same scholarly objective spirit as other academic courses rather than seeking to confirm or attack any particular religious point of view. This concentration may be taken conjointly as part of a modified major (24 credits) in philosophy or with a full major in any other department of the College of Arts and Sciences. Students wishing to make religion the focus of an independent major should contact the concentration coordinator for further information minimum of 28 credits is required for the concentration in religious studies, distributed as follows: 1 100 (4 credits) 2. Core studies: Two of the following (8 credits 201, 301, 303 3. Field related studies: Four courses in a least three of the following five fields (16 credits): Art 302, 320, 322, 326 History 324, 325, 327 300 (College of Arts and Sciences) 277 Literature 312 305 311 302 Philosophy 204, 205 325 350 Social Science 445 (only when special topic is religion 271 305. Course Offerings The concentration offers selected courses from this catalog as warranted by student needs and availability of faculty. Specific offerings for each term may be found in the Schedule of Classes 100 Introduction to Religion (4) Critical, comparative study of both Western and Eastern religious traditions with emphasis on historical developments. Features methodological approaches taken by a variety of disciplines in studying religion. Includes guest presentations by representatives of these different approaches 150 World Religious Traditions (4) Examines the core teachings and practices of the world\u2019s major religious traditions, including Judaism, Christianity, Islam, Hinduism, Buddhism, and Chinese religions. Emphasis is on terminology developed within each tradition, identification of human problems that each attempts to solve, and the insights and problematic issues that arise from these attempts 201 Introduction to Sacred Texts (4) Explores the various roles played by sacred texts within both Western and Eastern religious traditions. Core texts from these traditions are analyzed and compared, revealing the basic approaches to religious life contained in each 271 Magic, Witchcraft and Religion (4) Identical with 271 300 Topics in the Historical Study of Religion (4) Topics vary, but could include the following: the New Testament, medieval mysticism, early Buddhism, the Protestant Reformation, Christ and Caesar, and the 18th and 19th century attacks on religion. May be repeated for additional credit 301 Religion in the Modern World (4) Focuses on the problem of religious life in the context of modern critical thought and an increasingly pluralistic and secular world dominated by a scientific perspective. Includes examination of the rise of new religions and the struggle of religious systems to establish/maintain social legitimacy 302 Religion and Literature (4) Study of world religious literature. May include Greek tragedy, Hindu epics, Dante and Milton. Will treat both use of religious themes in literature and about literature as an expression of religious belief 303 American Religious Experience (4) Study of a variety of religious traditions (e.g., Buddhist, Catholic, Hindu, Islamic, Native American, Protestant) as these are understood and lived by followers within the modern pluralistic society of North America 305 The Sociology of Religion (4) Identical with 305 311 The Bible as Literature (4) Identical with 305. Satisfies the university general education requirement in literature. Prerequisite 160 325 Philosophy of Religion (4) Identical with 325. Prerequisite 160 350 Philosophies and Religions of Asia (4) Identical with 350. Prerequisite 160. 278 (College of Arts and Sciences 490 Directed Readings in the Religious Studies (4) Individual study of topic(s) not covered in available courses. May be repeated for additional credit. Prerequisite 100, 201 and permission of concentration coordinator. Concentration in Social Work Coordinator: Lynetta Mosby (Sociology) The concentration in social work requires a minimum of 28 credits and is available to students throughout the university, regardless of major. It is primarily designed to ensure that undergraduate social work concentration students have the knowledge, skill and values necessary for entry-level generalist social work practice and/or graduate social work studies. The social and psychological dimensions of service delivery are explored as they relate to professional development and the integration of theoretical and applied approaches to problem solving. The following requirements apply to the concentration in social work minimum of 28 credits in four areas including: 1. Required core courses 314 Introduction to Social Work 315 Social Welfare Policies 316 Theory and Practice of Social Work 432 Internship in Social Work 2. Required psychology course 225 Introduction to Life-Span Developmental Psychology 3. One statistics course 303 Social Statistics 251 Statistics and Research Design 225 Introduction to Statistical Concepts and Reasoning 226 Applied Statistics or an approved alternative statistic course 4. One elective 385 Multicultural Communication 359 Public Policy and Health Care 321 Child Development 322 Adolescence and Youth 341 Abnormal Psychology 300 Alcohol, Drugs and Society 328 Sociology of Heath and Medicine 331 Race and Ethnic Relations 335 The Family 465 Sociological Perspectives on Aging Students are requested to enroll formally in the program by completing an application at the Department of Sociology and Anthropology office. Concentration in Urban Studies Committee: De Witt S. Dykes (History), Oded Izraeli (Economics) The urban studies concentration is designed to provide a comprehensive interdisciplinary understanding of modern urban civilization and to develop an appreciation of some of the problems and policy issues confronting contemporary American urban communities. It is also (College of Arts and Sciences) 279 designed to introduce some of the technical skills that are a prerequisite to the successful pursuit of career opportunities in a variety of urban-oriented public and private service or administra- tive organizations. The concentration provides a carefully selected group of required core courses drawn from several departments, allows a relatively broad choice of electives and provides an interdiscipli- nary seminar designed to help integrate the knowledge and skills acquired in the program. Students wishing to pursue the concentration in urban studies must submit an advising plan to the concentration adviser and make application to the concentration coordinator to be admitted to the program. One course in statistics and/or methodology offered by a social science department or a statistics course offered by the Department of Mathematical Sciences is a prerequisite to the program. To earn the urban studies concentration, students must complete a minimum of 28 credits, distributed as follows: 1. Core \u2014 three of the following four courses 309 301 305 345 2. Electives \u2014 four of the following courses (none of the courses may overlap with courses in the student\u2019s major and no more than two courses may be taken in a single department 363 364 302 307, 350, 353 315, 331 3. Internship \u2014 although an urban internship or field experience is not required as part of the concentration, it is strongly suggested that students complete such a course in their major department or another program in the university. Prelaw Studies Students planning to attend law school after graduation must select a major in addition to the preprofessional studies designation, prelaw studies. Students should choose a major in which they have both interest and aptitude; the particular major is less important for admission to law school than the overall success in courses chosen. Success is generally measured by the cumulative grade point average and the score on the Law School Admission Test (LSAT). Rather than mastery of any particular subject matter, law schools require that incoming students possess certain basic skills. These skills include critical reasoning and the ability to write and speak in a coherent and precise manner. Students are advised to select rigorous course work aimed at developing strong reading, writing and reasoning skills; and to plan undergraduate course work with an eye toward long-term plans within the legal profession. Because there is no set of specific courses necessary for admission to, or success in, American law schools, there is no formal prelaw curriculum at Oakland University. Students are directed to consider courses in three categories as described below and to choose courses which they believe will help them to develop skills or acquire knowledge which may be beneficial during or after law school. None of these courses are required or necessarily recommended for all prelaw students. 1. The development of fundamental abilities of reasoning and written communication. Although most introductory courses in all of the liberal arts disciplines serve this purpose, particularly relevant courses are 207 380 102 and 103 380. 2. Oral communication. The following courses are recommended 201, 220, 301, 318 and 110. 3. The law in relationship to other disciplines. Suggested courses are 378 461 403 350 316, 318, 319 241, 341, 342, 343, 440, 441 320; and 437. Students are cautioned against overemphasizing law-related courses in their undergraduate training. Law schools virtually never give credit for these courses, either for placement or graduation, and are inclined to believe an education featuring these courses to be too narrow in scope. Undergraduate education is a distinct and vital part of one\u2019s professional training and 280 (College of Arts and Sciences) should never be regarded simply as a way station before beginning one\u2019s \u201creal\u201d work. It must be emphasized that none of the courses listed here are required of, or restricted to, prelaw students. Students interested in a career in law should meet with an academic adviser to discuss course selection and admission procedures. Advising is available through either Cheryl A. Sullivan in the College of Arts and Sciences Advising Office or Martha T. Zingo in the Department of Political Science. Premedical Studies Students who plan to attend medical school upon graduation and who entered the college in the premedical studies curriculum must select a major in addition to this preprofessional studies designation. Students planning a career in the medical professions (medicine, dentistry, optometry and veterinary medicine) will find that a major in biology, biochemistry or chemistry, combined with the concentration in preprofessional studies, provides excellent preparation for admission to the various medical schools in Michigan and elsewhere. Students should consult with Keith Berven, preprofessional concentration coordinator, or any of the faculty listed with the concentration, and with an adviser in the College of Arts and Sciences Advising Office for assistance in planning their programs. Liberal Arts Minor in Science Coordinator: William A. Macauley (College of Arts and Sciences) The liberal arts minor in science requires at least 27 credits for the two-science minor, or 29 credits for the three-science minor, selected from courses in biological sciences, chemistry and physics. Students who elect a single discipline minor in either biology, chemistry or physics are not eligible for the science minor, nor are students who are majoring in biochemistry, biology, chemistry, computer science, engineering, environmental health, industrial health and safety, medical physics, medical technology, nursing, physical therapy or physics. Two-science minor 1. Complete at least two of the following course sequences 111, 113 and 116 157, 158 (or 167, 168); or 101, 102 (or 151, 152) and 158. 2. Complete at least 8 additional credits from either one science or split between the two sciences. Biology and chemistry courses numbered lower than 111 and 157, respectively, do not apply to the science minor, nor do 201, 300 and 300. Three-science minor Complete the following 111, 113 and 116 157, 158 (or 167, 168); and 101, 102 (or 151, 152) and 158. Geography Course Offerings The following courses offered under the geography rubric are available only to students fulfilling requirements for the elementary education teaching minor in social studies. Students in other programs may register for these courses under the home department rubric as indicated below 106 Earth Sciences (4) Identical with 106. Satisfies the university general education requirement in the natural sciences 107 Physical Geography (4) Identical with 107. Satisfies the university general education requirement in the natural sciences (College of Arts and Sciences) 281 200 Global Human Systems (4) Provides an introductory survey of the worldwide distribution, variation and interconnections of cultural, economic and political systems. Basic concepts in the field of human geography and other social sciences, as relevant, will also be introduced. Identical with 200 and 200 210 Introduction to China (4) Identical with 210. Satisfies the university general education requirement in international studies 220 Introduction to Japan (4) Identical with 220. Satisfies the university general education requirement in international studies 230 Introduction to Africa (4) Identical with 230. Satisfies the university general education requirement in international studies 250 Introduction to Latin America (4) Identical with 250. Satisfies the university general education requirement in international studies 270 Introduction to the Middle East (4) Identical with 270. Satisfies the university general education requirement in international studies. 282 427 Elliott Hall (248) 370-3286 Fax: (248) 370-4974 Dean: John C. Gardner, Sr. Office of the Dean: Eileen Peacock, associate dean; Marcia Lichty, assistant dean; Moira Fracassa, coordinator of undergraduate academic advising; Theawiana English site administrator/ assessment assistant; Donna Free, coordinator, graduate business programs; Tracy S. Utech, development director; Lorin Wright, undergraduate academic adviser Department chairs: Paul Licker, decision and information sciences; Ronald L. Tracy, economics; Edward Farragher, accounting and finance; Mukesh Bhargava, management and marketing Distinguished professor emeritus: Karl D. Gregory Professor emeritus: Ronald Horwitz, Sid Mittra, Lefterios Botsas, John Tower Professors: Lizabeth A. Barclay, Mohammed S. Bazaz, Joseph H. Callaghan, Gadis J. Dillon, David P. Doane, Edward J. Farragher, John C. Gardner, Oded Izraeli, Thomas W. Lauer, Paul Licker, Donald Mayer, J. Austin Murphy, Kevin J. Murphy, Ravi Parameswaran, Eileen Peacock, Anandi P. Sahu, Howard S. Schwartz, Miron Stano Associate professors: Mukesh Bhargava, Addington Coppin, Eugene B. Fliedner, Sherman T. Folland, John W. Henke, John Kim, Kieran Mathieson, Nivedita Mukherji, Mohinder Parkash, Sandra H. Pelfrey, R. Mohan Pisharodi, Mark Simon, Vijayan Sugumaran, Ronald L. Tracy, T.J. Wharton, Floyd G. Willoughby, Kenneth M. York Assistant professors: Henry Aigbedo, Joann Bangs, Matej Blasko, A.J. Cataldo, Xaiodong Deng, Mark W. Isken, Yong-Shik Lee, Karen Markel, Cynthia E. Miree, Balaji Rajagopalan, Arline Savage, Deepak Sethi, Srinarayan Sharma, Kristina Setzekorn, Catherine Tyler, Jean Yu Special instructor: David Sidaway Applied Technology in Business Program Center for Executive and Continuing Education: Sarah Serra Prucha, director, continuing education; Lori Crose, assistant director, continuing education Board of Visitors The Board of Visitors provides a direct link between the business community and the School of Business Administration. The board is composed of outstanding corporate and professional leaders from the Detroit metropolitan area. Board members assist the dean on several projects and provide consultation on goals and objectives, curricula designs and research programs. The board members are: Michael W. Grieves, Chairman, Interactive Frontiers; Chairman, Board of Visitors Joseph B. Anderson, Jr., Chair & CEO, Vibration Control Technologies, Inc. John Bamberger, CEO, Analysts International-Sequoia Services Group Paul H. Campbell, CEO, Hutchinson FTS, Inc. Ralph A. Caponigro, President, Caponigro Financial Counselors John R. Crary, Vice President Information Technology, Lear Corporation A. Jacqueline Dout, Senior Vice President and Chief Financial Officer, Pella Corporation 283 Stuart D. Doyle, Senior Vice President, General Motors Gerald L. Elson, Vice President, General Motors Corporation and General Manager Vehicle Operations John C. Gardner, Dean, School of Business Administration, Oakland University Glenn C. Gouldey, Vice President, Eaton Corporation Dale Greene, Senior Vice President and Chief Credit Officer, Comerica Incorporated Danette E. Gregory, Co-Founder and Technology Director, Dynamic Business Strategies, Inc. Karen Healy, Vice President, Corporate Affairs and Facilities, Delphi Automotive Systems, World Headquarters Gregory C. Jamian, President and Chief Executive Officer, Americare Medical, Inc. Susan P. Kampe, Vice President, Information Technology, Johnson Controls, Inc. Cleve Killingsworth, President and Chief Executive Officer, Health Alliance Plan Roman T. Kulich, President and Chief Executive Officer, Molina Healthcare of Michigan Jacqueline Lewis-Kemp, Former Chief Executive Officer, Lewis Metal Stamping John G. Marshall, Chairman Thomas McAlear, Chief Operating Officer, DaimlerChrysler Services, North America Kenneth J. McCarter, Vice President, Union Relations and Security Operations, DaimlerChrysler Craig B. Parr, Director, Cargo Management Systems Operations Sports Resorts International, Inc. William Sandy, former Chief Executive Officer, Sandy Corporation John Savio, Vice President, Branch Operations, Oakland University Branch, Michigan State University Federal Credit Union Rebecca R. Smith, Executive Vice President, Commercial Banking Division, Fifth Third Bank Craig M. Stinson, Senior Vice President, and President of Light Vehicle Systems, ArvinMeritor, Inc. Dennis R. Toffolo, Director, Community & Economic Development, Oakland County Joseph Tori, Senior Vice President, Delco Remy International Peter Van Hull, Partner (retired), Accenture Ted D. Wasson, President and Chief Executive Officer, William Beaumont Hospital Corporation Tommi A. White, Chief Operating Officer, Compuware Corporation James R. Wilbert, Managing Partner, PricewaterhouseCoopers Mission The mission of the School of Business Administration is to advance knowledge and enhance students\u2019 abilities to manage in a global business environment. The mission is achieved through a synergistic combination of teaching, scholarship and professional service, with emphasis on the linkage of theory and practice, and the application and management of technology. Toward the achievement of these ends, the promotes collaborative relation- ships among students, faculty, administrators and employers. General Information The School of Business Administration programs enable students to combine the intensive study of a functional area of business (i.e., accounting, finance, financial information systems, human resources management, management information systems or marketing) with a broad background in management. Alternatively, students can focus on economics, the fundamental discipline behind business processes. In these programs, a strong foundation in liberal arts is combined with a rigorous education in written and oral communications and in problem definition, analysis and resolution. This combination produces graduates who can think analytically, communicate effectively and work cooperatively with others of similar or diverse backgrounds in both domestic and international environments. Graduates of these programs are prepared to handle the increasingly complex and changing problems faced by managers in profit oriented enterprises and not-for-profit organizations, both public and private. 284 The programs include: 1. Bachelor of Science with majors in accounting, economics, finance, financial informa- tion systems, general management, human resources management, management information systems and marketing. 2. Bachelor of Arts with a major in economics (offered in conjunction with the College of Arts and Sciences; see the Department of Economics section in the Arts and Sciences portion of the catalog for a description of this program). 3. Minors in accounting, applied technology in business (ATIB), economics, finance, financial information systems, general business, human resources management, international man- agement, management information systems, marketing, production and operations manage- ment, and quantitative methods. High school students who intend to pursue a major offered by the School of Business Administration should consult the Admissions section of the catalog for specific preparation requirements. Students transferring from other institutions, both international and domestic, may be requested to provide documentation of the content and scope of the courses they have taken at their previous institutions. The School of Business Administration offers a Master of Business Administration (MBA) degree for students in any major, including business and management. The is a professional program in business designed to prepare students for careers involving problem identification, problem solving, decision making and leadership in any type of organization students may elect concentrations in accounting, business economics, entrepreneur- ship, finance, health care management, human resources management, international busi- ness, management information systems, marketing or production/operations management. It is preferred that students with an undergraduate degree in business or one of the functional areas of management have two years of work experience before entering the program. The offers an Executive in Health Care Management. The Executive in Health Care Management (EMBA-HCM) is designed to provide health care professionals with an understanding of the management concepts and skills that will assist them in effectively managing in the health care industry. The program is geared toward physicians and health care administrators with a minimum of five years experience, who wish to gain a strong understand- ing of the operational and strategic management in the healthcare industry. The School of Business Administration offers a Master of Accounting degree. Undergradu- ate students majoring in accounting should contact the Office of Graduate Business Programs (432 Elliott Hall, 248-370-3287) for detailed information on admissibility into the program. The School of Business Administration offers a Master of Science in Information Technol- ogy Management degree. The goal of the program is to provide a strong technical and managerial background to those who are interested in using information technology for competitive advantage. It is intended to provide business professionals with the knowledge they need to effectively manage information technology in support of their decision-making. It is also intended to provide information systems professionals with knowledge on the latest technologies and their use in application development. Students interested in pursuing this degree should contact the Office of Graduate Business Programs (432 Elliott Hall, 248-370- 3287) for more information. The Post Master Certificate programs are offered to those who hold an or similar degree and wish to earn a specialization beyond the master\u2019s degree. Certificates are available in accounting, business economics, entrepreneurship, finance, human resource management, international business, management information systems, marketing and production/operations management. Oakland University undergraduates working on majors other than those in business administration may start the program while completing their undergraduate degree. To be eligible, students should have a grade point average in the top 25 percent of students in their major. Students may apply to the program after they have completed 80 under 285 graduate credits. For more information, see the Oakland University Graduate Catalog. The School of Business Administration is accredited, on both the undergraduate and levels, by International\u2013The Association to Advance Collegiate Schools of Business, the premier business school accreditation agency. In addition, the accounting program has achieved accreditation. For more information on the MBA, the Master of Accounting program, the Master of Science in Information Technology Management program, the post master certificate programs, accredi- tation, the undergraduate programs courses and faculty, visit the School's Web site at: Degree Requirements The curriculum described shall be followed by students entering the School of Business Administration beginning with the fall 2003 semester. Students enrolled prior to fall 2003 may choose to satisfy either the degree requirements listed in this catalog or those in the catalog of the academic year in which they were initially admitted to pre-business in the School of Business Administration (or any catalog during the interim), provided that catalog is not more than six years old at the time of graduation. Students who transfer to the School of Business Administration after admission to the university or who are readmitted to the university are required to follow the requirements of the catalog in effect at the time they transfer or are readmitted. To ensure they have met all requirements, students should seek a final program audit from one of the school\u2019s academic advisers no later than the semester before the semester in which they plan to graduate. The responsibility for meeting graduation requirements rests with the student. The business administration programs consist of the following parts: general education, ethnic diversity, writing proficiency, the precore, the core, the major, and free electives (if needed to reach 128 credits). Students in these programs must satisfy the specific requirements of each of these parts and must earn a minimum of 128 credits. (See Bachelor of Science with a major in economics for the specific requirements of that degree program.) Each student must: 1. Complete at least 128 credits, including any free electives needed to reach this total. 2. Complete the writing proficiency requirement by passing 160, Composition II, with a grade of 2.0 or better, or through one of the alternative methods discussed under Undergraduate degree requirements. 3. Complete the university general education requirement as detailed in the general education section below and also under Undergraduate degree requirements. 4. Complete the university ethnic diversity requirement as detailed in the ethnic diversity section below and under Undergraduate degree requirements. 5. Complete the precore requirements as listed below and be admitted to major standing in business administration or economics as detailed in the Admission to major standing section below. 6. Complete the core program and the requirements of one of the majors in the School of Business Administration. 7. Complete at least 32 credits at the 300 level or above. 8. Complete at least 32 credits at Oakland University, of which at least 31 credits must be in courses offered by the School of Business Administration, excluding 150, 200, 201, 210 and 240, 250 and 340. Of these 31 credits, at least eight credits must be in the student\u2019s major. 286 9. Take the last eight credits needed to complete baccalaureate requirements at Oakland University. 10. Earn a cumulative grade point average of at least 2.00 in courses taken at Oakland University and in courses taken in the School of Business Administration. Academic Advising, Mentoring and Major Standing The school offers advising and mentoring to students who plan to pursue one of its degree programs. Faculty members are available to provide support, curricular guidance and career information as students make the transition from high school or a previous college to Oakland University\u2019s business administration or economics programs. Incoming freshmen and transfer students are encouraged to seek information from these experienced faculty members. Students who have more specific questions about schedule planning, degree requirements, admission to the SBA, major standing, transfer credit, petitions of exception or graduation audits should meet with one of the school\u2019s professional advisers. The advising office is located in 332 Elliott Hall (248-370-3285). To avoid delays, students are encouraged to seek advising prior to early registration periods. Once major standing has been achieved (see Admission to major standing in business administration or Admission to major standing in economics), students are encouraged to consult with faculty within their major area to discuss schedule planning within the major, career tracking and other issues relevant to making academic decisions that will enhance opportuni- ties for success within a chosen career field. Requirements for Business Administration Majors General education requirement Students in the School of Business Administration must satisfy the university general education requirement (see Undergraduate degree requirements). These requirements may be summarized as one course from the approved lists in each of the following categories: arts, literature, language, Western civilization, international studies, and natural science and technology. For School of Business Administration students, the mathematics, logic and computer science general education category is satisfied by the school\u2019s precore mathematics requirements 121/122). In addition, for all majors except economics majors, the social science general education requirement is satisfied by the school\u2019s precore economics requirement 200 or 210). School of Business Administration students are encouraged to increase their background in ethics by taking 103, Introduction to Ethics, to satisfy the university\u2019s Western civilization general education requirement. Ethnic diversity requirement Students in the School of Business Administration must satisfy the university ethnic diversity requirement (see Undergraduate degree requirements). The offers four courses that satisfy the ethnic diversity requirement 201 338 404 and 434. Writing proficiency and precore requirements As preparation for the various majors of the business administration program, students must earn a grade of 2.0 or better in each of the following courses in writing, speech communication, mathematics, computer use, economics, accounting and statistics. The required writing proficiency and precore courses are 150-160 Composition (or complete the writing proficiency requirement in another manner) 0-8 201 Public Speaking or 202 Group Dynamics and Communication 4 287 011-012 Elementary-Intermediate Algebra (if required, based on math placement) 0 121 Linear Programming, Elementary Functions (or 141) 4 122 Calculus for the Social Sciences (or 154) 4 200 Personal Productivity with Information Technology or 125 Introduction to Computer Use 4 200 Principles of Macroeconomics and 201 Principles of Microeconomics or 210 Principles of Economics (a 6-credit course that covers the material of both 200 and 201) 6-8 200 Introductory Financial Accounting 4 210 Managerial and Cost Accounting 4 240 Statistical Methods for Business 3-6 or 250 Statistical Methods for Business (a 6 credit course that covers the material of both 240 and 340) 36-46 * If a student places into 122 121 is not required. If a student does not place into calculus 121 must be completed with the required minimum grade. The freshman and sophomore years of study for students pursuing the business administration program will be devoted to the successful completion of the general education and precore course requirements. Special emphasis should be given during the freshman year to the completion of the university writing proficiency requirement and steady progress in the mathematics sequence. Once sophomore status has been achieved (28 credits), students will begin work on the economics, accounting and statistics requirements. Admission to major standing in business administration To be eligible to take 300- and 400-level business courses, business majors must be admitted to major standing in the School of Business Administration. Exceptions to this policy are 310 322 300 302 330 343 340 and all courses. Admission to major standing is selective. The minimum requirements for consideration are: 1. Student\u2019s admissibility to and retention in the university; 2. completion of the writing proficiency requirement; 3. a minimum grade point average of 2.60 in all courses taken at Oakland University*; 4. a minimum grade of 2.0 in each of the following precore courses or their equivalents 200, 210 201 or 202 200 and 201 (or 210 200 or 125 121, 122; and 240 (or 250); and 5. submission of an \u2018\u2018Application for Major Standing\u2019\u2019 for the desired major in September for students expecting to complete the pre-core and writing proficiency requirements during fall semester and in January for those expecting to complete requirements during winter, spring, or summer semesters. *Any grade earned in a major standing course before a student officially earns major standing will not be included in the student\u2019s when determining admission to major standing. 288 Core program Each of the business major programs requires the completion of a common core of courses introducing students to the functional areas of business. The core courses required in all business administration major programs are 382 Business Writing (or 380 or 381) 4 302 Marketing 4 330 Introduction to Organizational Behavior 3 300 Management Information Systems 3 340 (or 250) Statistical Methods for Business 0-3 303 Managerial Economics 3 343 Operations Management 4 322 Managerial Finance 4 331 Introduction to the Management of Human Resources 3 350 Legal Environment of Business 3 435 Management Strategies and Policies 4 35-38 331 350 and 435 require major standing. Only business majors may take 435. Major programs Students continue their program by taking 15-24 additional credits specified in their major area. The junior and senior years will be devoted to the successful completion of the requirements of the core and major. Majors from which business administration students may choose are detailed below. Double majors are permitted in all areas except general management. No more than 4 credits of independent study (490 courses) may be used to meet the major elective requirement. Courses numbered 480 may be repeated for credit provided the topics are different. Free electives Students complete their program by taking a course or courses of their choice to yield a total of 128 credits. While the general education portion of the degree program provides students with the range of knowledge that is the essence of an educated person, the free elective portion of the program allows students to make choices concerning course work that responds to their individual interests and/or needs. Requirements for the major in accounting Major adviser: Gadis Dillon The accounting faculty has adopted the statement of mission as defined in the School of Business Administration Mission Statement. Within the context of that mission statement, the accounting curriculum is intended to prepare graduates for careers in public accounting, industry and government. To fulfill requirements for the accounting major, students must be admitted to major standing in accounting, complete the core program and earn a minimum of 32 credits in the courses specified below, with a grade of 2.0 or better in each major course grade of 2.0 or better must be achieved in each prerequisite accounting course before a student may begin work in subsequent accounting courses. Required precore courses: Credits 200 Introductory Financial Accounting 4 210 Managerial and Cost Accounting 4 8 289 Required major courses 310 Intermediate Financial Accounting 3 311 Intermediate Financial Accounting 3 318 Introduction to Financial Systems and Databases 3 320 Managerial and Cost Accounting 3 12 Electives \u2014 Choose 12 credits 301 Financial Reporting and Analysis (3 401 Advanced Financial Accounting (3 411 Auditing (3 412 Government and Not-for-profit Accounting (3 415 Federal Income Taxation (3 417 International Accounting (3 431 Financial Information Systems: Analysis (3 433 Financial Information Systems: Audit & Control (3 421 Federal Income Tax (3 450 Contemporary Professional Issues in Accounting (3 480 Special Topics in Accounting (3) 12 32 Because of specific examination requirements, students who plan to take a pro- fessional accounting examination or CIA) should discuss their options with an accounting faculty member before enrolling in 400-level accounting courses. The Master of Accounting degree program provides for 33 credits of accounting and related course work. Undergraduate students will be able to apply to enter the program after completing 310. With the completion of 161 credits of undergraduate and graduate course work students will graduate with a Bachelor of Science with a major in accounting and a Master of Accounting. Students planning to sit for the Examination should be aware that recent legislation in Michigan (and most other states) will require a minimum of 150 credit hours to become a Certified Public Accountant. The requirement will be satisfied by completing the Master of Accounting degree program. While the MAcc program is recommended, additional under- graduate courses may also satisfy the 150 credit hour requirement. Requirements for the major in finance Major adviser: Matt Blasko The major in finance leads to an understanding of the theoretical foundations of finance and develops the specific skills, modes of analysis and institutional background useful to work in the accounting and finance areas of profit-making businesses or not-for-profit enterprises. To fulfill requirements for the finance major, students must be admitted to major standing in finance, complete the core program and earn a minimum of 22 credits, as specified below, with a grade of 2.0 or better in each major course grade of 2.0 or better must be achieved in 322 before a student may begin work in subsequent finance courses. Required in the core: Credits 322 Managerial Finance 4 Required major courses 301 Financial Reporting and Analysis* 3 416 Investment Analysis 3 418 Financial Institutions and Capital Markets 3 9 *In lieu of 301, students may substitute both 310 and 311. 290 Electives \u2014 Choose three courses from the following (some may require additional prerequisites 417 Investment Portfolio Management (3 419 International Financial Management (3 420 Real Estate Investment Analysis (3 422 Managerial Finance (3 480 Special Topics in Finance (3) 9 22 320 (3) or 321 (3) may be substituted for one finance elective. Students interested in a career in banking are encouraged to take 321 as a major elective. Requirements for the major in financial information systems Major adviser: Joseph Callaghan The major in financial information systems involves the integration of information systems technology and financial information in the development of business information systems. The major is intended to provide financial services professionals with the knowledge they need to leverage the latest information technologies in order to support the use of financial information in management decision-making and external reporting, and to integrate financial information and internal controls into cross-functional business information systems. To fulfill requirements for the financial information systems major, students must be admitted to major standing in financial information systems, complete the core program and earn a minimum of 18-19 credits, as specified below, with a grade of 2.0 or better in each major course grade of 2.0 of better must be achieved in each prerequisite financial information systems course before a student may begin work in subsequent financial information systems courses. Required major courses: Credits 318 Introduction to Financial Systems and Databases 3 431 Financial Information Systems: Analysis 3 432 Financial Information Systems: Design 3 433 Financial Information Systems: Audit and Control 3 12 Electives - Choose two courses from the following (some may require additional prerequisites 435 Financial Information Systems: Applications 3 480 Special Topics in Financial Information Systems 3 441 Manufacturing Planning and Control (4) (or 448 Project Management Techniques) Any 300 or 400 level courses Any 400 level courses Any 400 level courses Any courses* 6-7 18-19 *Enrollment in courses is limited to students enrolled in the minor in Applied Technology in Business. Requirements for the major in general management Major adviser: Floyd G. Willoughby The general management major allows students to take advanced work in several functional areas of business. Students may not earn a double major in general management and another major of the School of Business Administration 291 To fulfill requirements for the general management major, students must be admitted to major standing in general management, complete the core program and earn a minimum of 15 additional credits in electives with a grade of 2.0 or better in each major course. The electives may be chosen from any area within the School of Business Administration (courses beginning with or QMM) and must be chosen from courses numbered 300 or higher; at least two courses must be at the 400 level. No more than 4 credits of independent study (490 courses) may be used to meet the major elective requirement. Requirements for the major in human resources management Major adviser: Kenneth M. York The major in human resources management develops the skills needed to administer the personnel functions of organizations. It is designed primarily for students who intend to pursue careers in administration, personnel management, labor relations or wherever the management of people at work is a central concern. Emphasis is placed on developing an intensive understanding of the concepts and techniques needed to acquire, develop and utilize an organization\u2019s human resources. The program includes broad coverage of such topics as personnel psychology, personnel administration and labor/management relations, in addition to providing basic knowledge of organizational behavior. To fulfill requirements for the human resources management major, students must be admitted to major standing in human resources management, complete the core program and earn at least 26 credits as specified below, with a grade of 2.0 or better in each major course. Required in the core: Credits 330 Introduction to Organizational Behavior 3 331 Introduction to the Management of Human Resources 3 Required major courses 430 Organizational Research Methods 4 433 Labor/Management Relations 4 434 Advanced Human Resources Management 4 Electives \u2014 Choose two courses, at least one of which must be a 400-level course 431 Leadership and Group Performance (4 432 Motivation and Work Behavior (4 470 International Organizational Behavior and Human Resources Management (4 480 Topics in Organizational Management (4 480 Seminar: Current Business Topics (4 338 Economics of Human Resources (3 454 Public Personnel Administration (4) 7-8 25-26 Requirements for the major in management information systems Major adviser: Paul Licker The major in management information systems specifies a set of courses that will give students more facility with computer languages, with the use of computers in handling information processing in organizations, with systems analysis and with the use of computers in management decision making and support of organizational functions. To fulfill the requirements for the major in management information systems, students must be admitted to major standing in management information systems, complete the core program and complete at least 28 credits, as specified below, with a grade of 2.0 or better in each major course. 292 Required in the pre-core and core: Credits 200 Personal Productivity with Information Technology 4 or 125 Introduction to Computer Use 300 Management Information Systems 3 Required major courses 130 Introduction to Computer Programming 4 or 141 Computer Problem Solving in Engineering and Computer Science 304 Database Management 4 316 Systems Analysis 4 Electives \u2014 Choose three courses, at least one of which is 405, 407, 416 or 426 400 Analysis of Complex Systems (3 405 Business Data/Telecommunications (3 407 Projects and Problem Solving (3 416 Advanced Systems Analysis and Design (3 418 Network Management (3 420 Electronic Commerce (3 421 Advanced Business Applications (3 422 Business Object Development (3 424 Business Application Architecture (3 426 Application Development (3 428 Web Application Development (3 436 Decision Support Systems (3 442 Issues in Supply Chain Management (3 444 Simulation in Management (3 446 Business Analysis and Modeling (3 480 Advanced Topics in (3 220 Computer-based Information Systems (4 448 Project Management Techniques (4) 9-11 28-30 Requirements for the major in marketing Major adviser: Mukesh Bhargava The major in marketing develops the specific skills, modes of analysis and background to work in the marketing area of a profit-making business or not-for-profit enterprise. It is designed primarily for students who intend to pursue careers in fields such as marketing, sales, research, product development and management, advertising, communication, retail buying and distri- bution management. Emphasis is placed on developing a comprehensive understanding of the concepts and techniques needed to plan and execute the conception, pricing, promotion, and distribution of ideas, goods and services by creating exchanges which satisfy individual and organizational goals. The program includes broad coverage of such topics as marketing management, marketing research, selling and sales management, advertising and communications, sales promotion, business-to-business market- ing, not -for-profit marketing, business logistics, retailing, international marketing and Internet marketing. To fulfill the requirements for the major in marketing, students must be admitted to major standing in marketing, complete the core program and complete a minimum of 24 credits, as specified below, with a grade of 2.0 or better in each major course. Required in the core: Credits 302 Marketing 4 293 Required major courses 353 Marketing Management 4 404 Consumer Behavior 4 405 Marketing Research 4 Electives \u2014 Choose two courses 406 Promotional Strategy (4 420 Distribution Channels Management (4 430 Sales and Sales Management (4 450 International Marketing (4 470 Business to Business Marketing (4 480 Seminar in Marketing (4) 8 24 Bachelor of Science with a Major in Economics Major adviser: Ronald L. Tracy The curriculum in economics teaches students the concepts and tools of economic analysis, while providing them with the breadth and flexibility of a broad general education and courses in other areas of interest to the student. Students learn how economic analysis can be applied to major problems facing individuals, firms, the nation and the world today. Majoring in economics prepares students for the workplace of the future, which will require workers who are flexible, adaptable to change, and who can propose practical solutions to solve problems quickly. Besides preparing students for a career in the private or public sector, an education in economics is excellent preparation for law school, graduate school in public administration or economics or an degree. Economics is a flexible choice for students seeking a rigorous, well-respected and relevant major without specializing in a narrowly defined area. The Department of Economics offers three economics programs: Bachelor of Arts in Economics (offered through the College of Arts and Sciences), Bachelor of Science in Economics (offered through the School of Business Administration), and a minor in econom- ics. The Bachelor of Arts degree allows a student to pursue a liberal arts education while providing a background that business considers appropriate for most entry-level management positions (see the Department of Economics section in the College of Arts and Sciences portion of the catalog). The Bachelor of Science degree has an additional accounting and finance requirements. It also provides educational and career flexibility not offered by a degree in business. The minor in economics is useful for liberal arts majors with an interest in business and for business majors who want to demonstrate their solid grounding in economics, the foundation of a business degree. Students who are interested in attending graduate school in economics should see the department chairperson or an economics faculty mentor at an early stage of their undergraduate program. Professional advisers in the School of Business Administration (for B.A. and B.S. degrees) and the College of Arts and Sciences (for B.A. degree) or the chairperson of the Department of Economics do routine student advising. Requirements for the Bachelor of Science degree with a major in economics To earn the Bachelor of Science degree with a major in economics, students must complete a minimum of 128 credits as follows: 294 English composition: Credits 150-160 Composition (or complete the writing 0-8 proficiency requirement in another manner 382 Business Writing (or 380 or 381) 4 4-12 General education requirement: 28 See Undergraduate degree requirements. The math, logic and computer science field category will be satisfied by cognate courses. For economics majors, the social science field category cannot be satisfied with an economics course. Ethnic diversity requirement: See undergraduate degree requirements. Cognate courses 011-012 Elementary-Intermediate Algebra (if necessary) 0 121 Linear Programming, Elementary Functions (or 141) 4 122 Calculus for the Social Sciences (or 154) 4 125 Introduction to Computer Use or 200 Personal Productivity with Information Technology 4 (or 130 or 141 200 Introductory Financial Accounting 4 240 and 340 Statistical Methods for Business and 6 or 250 Statistical Methods for Business (a 6 credit course that covers the material of both 240 and 340) 6 322 Managerial Finance 4 26 Required courses 200 Principles of Macroeconomics and 201 Principles of Microeconomics or 210 Principles of Economics (a 6-credit course that covers the material of both 200 and 201) 6-8 302 Intermediate Macroeconomics 3 303 Managerial Economics 3 304 Consumer Economics 3 405 Econometrics 3 18-20 Electives: 15-16 Choose five economics electives at the 300-level or above, one of which must be at the 400- level. Students taking 150 before 200 or 201, and who subsequently become economics majors, should talk to the department chairperson 418 or 452 can be substituted for a 300-level elective. No more than 3 credits in 490 may be counted as economic electives. General electives: 26-37 128 Transfer students must complete at least 32 credits at Oakland University, of which at least 16 credits must be offered by the School of Business Administration. Of these 16 credits, at least nine must be in the student\u2019s major. Admission to major standing in economics Admission to major standing in economics is required before a student may graduate. The minimum requirements for major standing are: 1. Student\u2019s admissibility to and retention in the university; 2. Completion of the writing proficiency requirement 295 3 minimum grade point average of 2.60 in all courses taken at Oakland University; 4. Completion of the following courses, or their equivalents, with a grade of 2.0 or better in each course 121, 122 200 or 125 (or 130 or 141 200 and 201 (or 210) and 240 (or 250); and 5. Submission of an \u2018\u2018Application for Major Standing.\u201d Although 302, 303 and 304 are not required for admission to major standing in economics, students must earn a grade of 2.0 or better in them in order to graduate. Minors The School of Business Administration offers 12 minors for students who want to combine their majors with an introduction to the skills, analytical techniques and institutional material of economics or an area of business. To earn any of these minors, with the exception of the minor in applied technology in business, students must complete the prescribed courses with a grade of 2.0 or better in each course. (See the description of the minor in applied technology in business for the grade requirements for that minor.) Students majoring in programs other than business administra- tion may take courses only if they meet the prerequisites (except major standing). All students who are not majors in the School of Business Administration and economics majors in either the School of Business Administration or the College of Arts and Sciences, whether they have applied for a minor or not, are limited to no more than 25 percent of their total degree credits in business courses. The maximum of 25 percent of total degree credits includes courses taken at Oakland University and all previous colleges. Economics (ECN) courses 240, 250, 340 and 452 are excluded from this requirement. Therefore, students from majors outside the business administration program may not earn more than 25 percent of total degree credits in transfer plus Oakland credits in or courses (excluding those noted above). Any student enrolled in any major in the School of Business Administration may receive any minor offered by the school, other than in the student\u2019s major, except for the minors in financial information systems, general business and applied technology in business. The minor in accounting information systems is not open to accounting majors. The minor in general business is open only to economics majors (B.A. or B.S. program) and students with majors outside the SBA. The minor in applied technology in business is available only to students majoring in business who have been admitted into the program. Students not in a major within the School of Business Administration are similarly eligible for multiple minors, but are subject to the 25 percent of total degree credits maximum discussed above. Transfer students planning to earn a minor must earn at least nine credits toward the minor at Oakland University; at least six of these nine credits must be in courses at the 300 level or above. Students not in a major within the who are expecting to earn a minor in the are encouraged to meet with the minor coordinator and fill out a university concentration/minor authorization form. Minor in accounting Coordinator: Gadis Dillon The minor in accounting consists of a minimum of the following 20 credits and any prerequisites for these courses 200, 210 and 12 additional credits in any accounting (ACC) courses 318 may also be used toward these 12 credit hours). This minor is open to all students except accounting majors. Minor in applied technology in business (ATIB) Coordinator The minor in applied technology in business is a unique business minor. It provides students 296 admitted into the program with a 32 credit hour tuition scholarship in their junior and senior years so that they can focus their learning on the proactive use of information technology (IT) in solving corporate sponsored business problems. Application to the program is restricted to business majors and admission to the program is competitive; students interested in applying for this minor should contact the program coordinator. The minor consists of a minimum of 19 credits and any prerequisites for these courses 200 (or 125 300 306, 307, 406 and 407 minimum grade of 3.0 is required in each of these courses, and a cumulative of 3.00 or better must be maintained to remain in the program. Minor in economics Coordinator: Ronald L. Tracy The minor in economics consists of a minimum of 18-20 credits (depending on courses chosen) in economics courses including any prerequisites for these courses student must take both 200 and 201 or 210 student must then complete 12 additional credits in any other 300- or 400-level economics (ECN) courses. This minor is open to all students except economics majors. Students taking 150 before 200 or 201, and who subsequently want to minor in economics, should talk to the minor coordinator. Minor in finance Coordinator: Matt Blasko The minor in finance consists of a minimum of the following 23 credits and any prerequisites for these courses 200 240 and 340 (or 250 322 and nine additional credits in finance (FIN) courses 301 may be used towards those nine credits and may satisfy 3 credits toward the finance minor). This minor is open to all students except finance majors. Minor in financial information systems Coordinator: Joseph W. Callaghan The minor in financial information systems consists of a minimum of 20-22 credits and any prerequisites for these courses 200 and 210 318 and three courses chosen from the following 431 (or 316 432, 433, 435, 480 and 304. This minor is open to all students except accounting majors and financial information systems majors. Minor in general business Coordinator: A. J. Cataldo The minor in general business consists of a minimum of 19-23 credits (depending on courses chosen), described as follows, and any prerequisites for these courses 210 or both 200 (or 150) and 201 200 330 and 6-8 additional credits in 300- and 400-level electives or courses) offered by the School of Business Administration. Economics (ECN) 300- and 400-level courses are not acceptable electives for this minor. This minor is open to all majors including the B.A. and B.S. in economics, but students majoring in other programs offered by the School of Business Administration are not eligible. Minor in human resources management Coordinator: Kenneth M. York The minor in human resources management consists of a minimum of 18 credits, described as follows 330, 331 and 434 and eight additional credits chosen from 430, 431, 432 297 433, 470 and 480, and any prerequisites for these courses. This minor is open to all students except human resources management majors. Minor in international management Coordinator: Deepak Sethi The minor in international management consists of a minimum of 16 credits, described as follows, and any prerequisites for these courses 210 or both 200 and 201 373 423 and one course chosen from 417 326 374 419 450 and 470. Proficiency in a foreign language is not required but is highly recommended. This minor is open to all majors. Minor in management information systems Coordinator: Srinarayan Sharma The minor in management information systems consists of a minimum of 18 credits in the following courses and any prerequisites for these courses 125 or 200 130 or 141 or 220 300, 304 and 316. This minor is open to all students except majors. Minor in marketing Coordinator: John Kim The minor in marketing consists of a minimum of 20 credits, described as follows, and any prerequisites for these courses 302, 353, 404 and any two courses chosen from 405, 406, 420, 430, 450, 470 and 480. This minor is open to all students except marketing majors. Minor in production and operations management Coordinator: T.J. Wharton The minor in production and operations management consists of a minimum of 20 credits, described as follows, and any prerequisites for these courses 200 or 125 or 130 or 141 240 and 340 (or 250 or 226 343 and any two courses chosen from 441, 445, 448, 480 and 452. This minor is open to all majors. Minor in quantitative methods Coordinator: David P. Doane The minor in quantitative methods consists of a minimum of 19 credits, described as follows, and any prerequisites for these courses 130 or 141 240 and 340 (or 250 or 226) and any three courses chosen from 452, 440 448 444 405 323, 324. This minor is open to all majors. Policies and Procedures High school admissions For entering freshmen, admission to pre-business is restricted to those presenting a 2.80 cumulative grade point average in high school academic courses and at least four years of college preparatory mathematics courses. Transfer policy Transfer students must have a 2.80 cumulative grade point average and mathematics through algebra for admission to pre-business. 298 Evaluation of transfer courses is a two-part process. General education and composition courses are evaluated by the Academic Records Office. Business courses, including any required computer science courses, are evaluated by the School of Business Administration. Credit for specific courses is authorized for courses of similar content taken at other colleges and universities accredited by a regional accrediting agency. Students transferring from other institutions, especially those from outside the United States, may be required to submit course descriptions and related materials to aid in these transfer evaluations. See Transfer student information for additional information. Internal transfer Oakland University students seeking admission to pre-business from other programs will be considered for admission after they have completed 121 (or an equivalent) with a grade of 2.0 or better. An overall of 2.60 or better in at least 12 credits at Oakland University is also required. Unsatisfactory performance Numerical grades less than 2.0 and grades are considered substandard course in which a grade below 2.0 has been earned may not be subsequently passed by competency examination or independent study student can repeat, either at Oakland University or at another approved institution, any business precore course in which a 2.0 grade is required. However, if a student repeats a course at another institution, the original grade attained in the course at will be included in the student\u2019s GPA. See \u201cRepeating courses\u201d in the Academic policies and procedures section of the catalog for more specific information on university rules governing course repeats. Prerequisites In planning their schedules, students should ensure that they satisfy prerequisite and corequisite conditions for courses. Students who have registered for courses for which they do not meet the conditions may have their registration canceled and will be liable for any financial penalties incurred. Assessment To assist in the continuous improvement of its programs, the engages in a range of assessment efforts. Students are expected to actively participate in these assessment and improvement efforts. Assessment activities include the following: Standard tests: Students are expected to take a pre-test at the start of any program in the SBA, and will be tested on acquired knowledge and skills in the capstone course. Not graded individually, these tests are used to assess the average performance of students in the program. Student/alumni satisfaction surveys: Periodically, current students and alumni are surveyed to provide feedback to the school's faculty, staff and students on the performance of the SBA's programs. Policy regarding non-business majors All students who are not majors in the School of Business Administration and economics majors in either the School of Business Administration or the College of Arts and Sciences, whether they have applied for a minor or not, are limited to no more than 25 percent of their total degree credits in business courses. The maximum of 25 percent of total degree credits includes courses taken at Oakland University and all previous colleges. Economics (ECN) courses 240, 250, 340, and 452 are excluded from this requirement. Therefore, students from majors outside the business administration program may not earn more than 25 percent of total degree credits in transfer plus Oakland credits in or courses (excluding those noted above 299 Additional Information Cooperative education Students in the School of Business Administration who want to combine relevant work experience with their college education are encouraged to participate in the university\u2019s cooperative education program. Co-op students alternate at least two four-month periods of paid, full-time work experience with four-month periods of full-time classwork. Students are placed in jobs in business, not-for-profit or governmental organizations similar to those held by recent Oakland University graduates. On occasion, unpaid internships that provide work experience also are available. Students interested in the co-op program should contact Career Experience in the Career Services department (275 West Vandenberg Hall, 248-370-3250). Honors, awards and scholarships In addition to being eligible for honors available to all Oakland University undergraduates, students in the School of Business Administration are eligible for the following: School honors are awarded by the School of Business Administration to graduating students who have completed a minimum of 32 credits in courses with a minimum of 3.33 in courses offered in the school. American Marketing Award: The Detroit chapter of the American Marketing Association awards certificates of achievement for scholarship and service to marketing majors. Beta Gamma Sigma: Beta Gamma Sigma is the national honor society for business schools accredited by AACSB\u2013The Association to Advance Collegiate Schools of Business. Membership in Beta Gamma Sigma is one of the highest scholastic honors that a student in business administration can achieve. It is based on outstanding scholastic achievement as measured by overall grade point average. Invitation for membership to Beta Gamma Sigma is extended to graduating seniors in the top 10 percent of their class and juniors in the top 5 percent of their class. Financial Executives Institute Award: This award is presented annually to the undergraduate accounting or finance student who has demonstrated the highest standard of academic excellence. The student is honored at a meeting of the Detroit chapter of the Financial Executives Institute. Selection is made by the accounting and finance faculty of the School of Business Administration. Omicron Delta Epsilon: Omicron Delta Epsilon is a national honor society for promising economics students. Selection for membership is made by the economics faculty. Wall Street Journal Student Achievement Award: This award is presented annually to the graduating senior who has demonstrated the greatest academic and leadership achievement in the School of Business Administration. Selection is made by the faculty. School of Business Administration awards/scholarships Applied Technology in Business Scholarships (ATIB): These two-year full scholarships (tuition for up to 64 credit hours plus fees for four terms) were established to support students who have been accepted into the Applied Technology in Business Program. This support allows students to focus their learning on the proactive use of information technology (IT) in solving corporate sponsored business problems. The program is competitive and the number of scholarships available is dependent on the number of organizations that sponsor the Program. Minimum criteria for application to the program include: junior standing, a minimum of 3.00 and at least a 3.0 in 200 (or 125). Diane and Michael Grieves Endowed Diversity Scholarship: This scholarship was established in recognition of the importance of a diverse workforce in the field of management information systems, and in recognition of the central role played by the School of Business Administration in educating highly skilled graduates. This one-year $3,000 scholarship for tuition and fees will be awarded to a minority student pursuing a degree in management information systems who can demonstrate financial need. 300 Dicron Tafralian Memorial Scholarship: This scholarship is awarded annually, on a merit basis, to a continuing accounting major at Oakland University. Selection is made by the accounting faculty of the School of Business Administration. This scholarship was established in memory of Dicron Tafralian, who served in administrative capacities at Oakland University for many years. Dr. Wendell Schindele Scholarship: This $500 scholarship is awarded annually to an undergraduate accounting major. Candidates must have completed at least two accounting courses beyond 210, at least 3.0 overall GPA, and at least a 3.0 in accounting courses beyond 210. Bilingual/foreign language ability and evidence of entrepreneurial spirit will enhance the application. Fidelity Bank Scholarship: This scholarship was established to assist financially disadvantaged minority students and to promote diversity in all fields of business administration preference will be given to those with an interest in a career in banking. Candidates must be full time students, have achieved junior standing and have a of 2.80 or above. This is a one year $1,500 scholarship for tuition and books. Financial Executive Institute Award: Awarded to a graduating undergraduate finance major with an outstanding combination of academics and activities who also intends to pursue a career in financial management, as determined by the department faculty. The honoree must attend the Financial Executive Academic Night banquet, usually held in March. Follmer, Rudzewicz & Co., P.C. Scholarship: This $1,000 scholarship is awarded annually to an undergraduate accounting major. Candidates must have at least junior standing, a 3.0 or higher in courses taken at Oakland University, and have an interest in pursuing a career in public accounting. The scholarship can be used only for tuition and related fees. Francis C. Amos Alumni Scholarship: This $1,000 per academic year scholarship is renewable for up to two academic years (2 regular terms per calendar year) based on maintaining scholarship criteria. This scholarship is open to juniors and seniors who have completed at least 59 credits and have School of Business Administration major standing. Students must maintain 3.40 in and 3.00 overall GPA. Gale Blank Copple Endowed Economics Scholarship: This scholarship is awarded annually to a student who has achieved major standing, declaring economics as a major. Candidates must be members in good standing of the Oakland University Women\u2019s Economic Club; have achieved junior standing; have a minimum of 30 credits remaining to complete a Bachelor of Science or a Bachelor of Arts in economics; be full time students, and have a of 3.00 overall with a minimum of 3.3 in economics courses. Katke Invitational Automotive Scholarship: This scholarship awards $2,000 to a junior or senior business major with at least a 3.00 who demonstrates outstanding academic achievement and extra-curricular and/or civic involvement. Lorenz Awards for Rising Seniors: These awards are to recognize academic excellence in juniors who are moving into their senior year; a tuition scholarship for the senior year will be awarded to the junior student who has the highest overall in the School of Business Administration; $2,000 goes to the student with the second highest GPA; $500 awards go to the two students with the third and fourth highest GPA. Oakland Executive Association Scholarship: This scholarship was established to assist an Oakland County scholar. Candidates must be both scholarly and civic minded, be full time students, have achieved junior standing, have a of 3.00 or above, be current residents of Oakland County and show university/civic involvement. This is a one year, $5,000 scholarship for tuition and books. Paul F. Lorenz/Texas Instruments Excellence Awards: These awards are based on under- graduate academic excellence. Awards of $1,000 and $500 will be made to two graduating seniors with the highest overall GPAs. Professor Ronald M. Horwitz Outstanding Finance Student Award: This award is given to the graduating undergraduate finance major with the best combination of academics and activities, as determined by the Department of Accounting and Finance faculty. Signifi 301 cantly greater emphasis is placed on academic performance, particularly performance in finance courses. Serving in a leadership role in student activities will also be an important factor. Eligible students must have graduated or be eligible to graduate during the academic year in which the award is granted. The honoree must attend the Department of Accounting and Finance\u2019s annual Student Award Banquet. The minimum grant awarded is $500. School of Business Alumni Affiliate Scholarship: This $1,000 per semester scholarship is available for up to two semesters. It is open to juniors and seniors who have completed 59 credits and who have declared School of Business Administration major standing. Recipi- ents must maintain 3.0 overall and be full time students. Stephan and Rita Sharf Scholarship scholarship awarded annually to an upper division student who will be enrolled full-time in the School of Business Administration. Selection is based upon academic achievement and demonstrated financial need. The award amount varies. Volkswagon of America Corporate Leadership Scholarship Award: These $1,000 scholar -ship awards were established to assist talented students pursuing a career in business. Candidates must be full-time students, have achieved junior standing, have a of 3.00 or above, and have demonstrated financial need. Course Offerings Following are descriptions of the courses offered by the School of Business Administration. Required precore and core courses for students majoring in the business programs are generally offered each fall and winter semester and during either the spring or summer session. The 300- and 400-level courses are designed for students with major standing in the School of Business Administration. These courses have major standing as a prerequisite, except for 310 322 300 302 330 343 340 and all economics (ECN) courses. The 300-level courses should be taken during the junior year (59-90 credits). Nonbusiness majors may elect 300- or 400-level courses if they meet the prerequisites (except for major standing). The school offers selected courses from this catalog as warranted by student needs and availability of faculty. Specific offerings for each term may be found in the Schedule of Classes 200 Introductory Financial Accounting (4) Introduction to accounting information as an aid to decision-making for external users of financial statements. Students learn how to measure and record accounting data, prepare financial statements and analyze published financial accounting information. Prerequisite: Sophomore status 200 or 125 recommended 210 Managerial and Cost Accounting (4) Analysis of accounting methods providing data for optimal managerial decisions, implementation and control. Topics include cost allocation; cost, volume and price relationships; product cost accounting and control systems; operations and capital budgeting, and related behavioral, reporting and information processing aspects. Prerequisite 200 200 or 125 recommended. Sophomore status 301 Financial Reporting and Analysis (3 study of financial accounting and reporting from the perspective of the user of accounting information. The course will emphasize the interpretation and analysis of specific accounting treatments rather than accounting methodology. Prerequisite 200, major standing and junior status 310 Intermediate Financial Accounting (3 study of financial accounting topics, including accounting valuation and reporting practices. Three major areas examined include financial accounting theory, current and noncurrent assets, and current and noncurrent liabilities. Prerequisite 200, 210 and junior status. 302 311 Intermediate Financial Accounting (3 continuation of 310. Major financial accounting areas examined include stockholders\u2019 equity, dilutive securities, investments, income measurement issues, and the preparation and analysis of financial statements. Prerequisite 310 and major standing 320 Managerial and Cost Accounting (3) An analysis of available procedures and techniques to sharpen accounting analyses for managerial planning and control. Extends subjects introduced in 210 to non-manufacturing firms, decentralized firms, transfer pricing and segment performance measurement. Prerequisite 210, major standing and junior status 401 Advanced Financial Accounting (3) Topics include accounting and reporting for business combinations, partnerships, consolidated entities, interim financial statements and segments of business enterprises. Prerequisite 311 and major standing 411 Auditing (3) Introduction to the objectives, techniques, and standards of internal and external audits of the accounts of an enterprise. Generally accepted auditing standards will be critically examined. Prerequisite 250 or 340 311 or 301, and major standing 412 Government and Not-for-Profit Accounting (3) The characteristics of not-for-profit entities are analyzed and used to define the basic concepts of accounting for funds. Accounting and reporting principles applicable to governmental units, hospitals, schools and other nonprofit entities are discussed. Prerequisite 310 or 301, and major standing 415 Federal Income Taxation (3) To acquaint students with the concepts of federal taxation. The essential logic underlying the federal tax laws will be explored, with emphasis placed on the tax treatment of individual taxpayers. The course focuses on tax theory and law rather than on the preparation of tax returns. Prerequisite 310 or 301, and major standing 417 International Accounting (3) The study of financial accounting, reporting and disclosure in different nations. Major topics include similarities and differences among country standards, efforts for worldwide harmonization, foreign currency, geographical segment reporting, inflation accounting, taxation and transfer pricing. Prerequisite 311 and major standing 421 Federal Income Tax (3) The study of basic federal income tax laws relating to corporations, partnerships, estates and trusts. Topics include the formation, operation and taxation of corporations, partnerships, and other taxable entities. Prerequisite 415 and major standing 450 Professional Issues in Accounting (3) Addresses contemporary issues that affect accountants. Includes regulation of accounting and accoun- tants; accounting standard-setting; admission to professional status; professional ethics; professional liability; and the impact of technology. Prerequisite 311 and major standing 480 Special Topics in Accounting (3) Intensive study of special topics in accounting. See schedule of classes for current offering. May be repeated for a total of 6 credits. Prerequisite 301 or 311 and major standing 490 Independent Study (1-3) Qualified and highly motivated students may engage in individual research, directed readings or group study under the supervision of a faculty member. Offered every term. May be repeated for a total of 6 credits. Prerequisite: An overall grade point average of 3.00 or better, major standing and an approved contract prior to registration 303 306 Business and Information Technology Foundations (3) Role of information technology in solving business problems, with a special focus on process analysis/ redesign, enterprise-wide data modeling and group decision making. Students work as teams to solve business problems using a variety of data base/spreadsheet tools and communicate their decisions (oral and written) to corporate sponsors periodically. Prerequisite: Junior standing and acceptance into the program 307 Project Management (3) Students are assigned corporate sponsored projects so they can practice their problem solving and project management skills, with special focus on interviewing, task identification, time/resource estimation, setting milestones, and project presentation. Topics covered also include executive and knowledge based systems and inter-organizational systems. Prerequisite 306 406 Information Management (3) Students continue to work on corporate student projects and practice additional skills such as meeting management, implementation and user training. Additional focus is innovative uses of IT, effective use of communications and networking, and management of diverse information needs as part of an organization\u2019s strategy. Prerequisite 307 407 Corporate Internship (3) Students work at a corporate site and work on a specific project that has been agreed to by the program director and the corporation. The students manage the project on their own using a variety of skills they have acquired during the prior three semesters in this program. Prerequisite 406 150 Economics in Today\u2019s World (4) Provides an overview of both macroeconomics and microeconomics. Students will learn about the law of supply and demand, economics of business, industry structure, international trade, exchange rates, inflation, unemployment, and fiscal and monetary policy. This is a survey course intended for students who desire a broad familiarity with a wide range of economic concepts. It does not provide adequate preparation for degrees in business or economics, and does not provide sufficient background for the Professional Engineering (PE) examination. Economics or business majors should not take this course (see specific requirements for those majors). Satisfies the university general education requirement in social science. (Offered every fall and winter.) Prerequisite: None 200 Principles of Macroeconomics (4) Examines a broad range of macroeconomic concepts such as determination of national income, fluctuations in the economy, fiscal and monetary policies, money and banking, inflation and unemploy- ment, and international economics. It also provides an introduction to a few key microeconomic concepts, such as scarcity, opportunity cost, supply and demand, and market processes. Satisfies the university general education requirement in social science. (Generally offered every semester and term.) Prerequisite: High school algebra and sophomore status 201 Principles of Microeconomics (4) Provides an introduction to key microeconomic concepts. Examines operations of markets, theory of consumer demand, elasticity, organization of the firm, production and cost in the long and short runs, competition, externalities, market failures, legal and regulatory environment of business and international economics. It also explores economic perspectives on issues of ethnicity and gender in the U. S. economy. Satisfies the university ethnic diversity requirement. (Generally offered every semester and term.) Prerequisite: High school algebra and sophomore status 210 Principles of Economics (6) Provides an introduction to principles of macroeconomics and microeconomics, covering the same topics as 200 and 201 combined but at an accelerated pace. Intended for highly motivated students with good writing and math ability. Satisfies the university general education requirement in social science. (Generally offered fall semester.) Prerequisite: High school algebra, sophomore status and a of 3.00 or better. 304 302 Intermediate Macroeconomics (3) Deals with construction, analysis and interpretation of models of aggregate economic behavior, including the policy implications of alternative models, international interrelationships and assessment of contempo- rary controversies in national policy. (Generally offered fall semester.) Prerequisite 201 or 210, and 122, or permission of instructor 303 Managerial Economics (3) Explores microeconomic theory and its application to managerial decision making. Examines consumer behavior, cost and output estimation, optimization, pricing issues in competitive and non-competitive markets, decision making under uncertainty and capital budgeting. (Generally offered every semester and term.) Prerequisites 201 or 210, and 122, or permission of instructor 304 Consumer Economics (3) The course emphasizes theories of consumer behavior and their applications to areas such as the individual and market demand curves, supply of labor, intertemporal choice of consumption, tax and public policies, and decision-making under uncertainty. Also emphasizes general equilibrium welfare economics, issues relating to equity and efficiency, the nature of public goods and externalities, consumer protection, and property rights. (Generally offered winter semester.) Prerequisite 303 or permission of instructor 309 State and Local Public Finance (3) Provides explanation and analysis of state and local public finance practices and problems. Topics include public goods and externalities, benefit-cost analysis, organization of sub-national governments, the budget process, and state and local revenues and expenditures. (Offered with sufficient student demand.) Prerequisite 150 or 201 or 210 310 Economics of the Environment (3) Involves the application of the tools of economic analysis to problems of energy, ecology and the environment. Topics include externalities and public goods, optimum use of fixed national resources, limits to economic growth and ecological aspects of principal pollution problems. (Generally offered spring term of odd years.) Prerequisite 150 or 201 or 210 321 Financial Markets and the Economy (3) Focuses on three areas: an introduction to banking and financial institutions, study of the U.S. financial markets (stock, bond and money markets), and the study of the impact of macroeconomic policies on the nation\u2019s economy and financial markets. (Generally offered winter semester and summer term.) Prerequisite 150 or 201 or 210 326 International Economic Development (3) The main theories of economic development applied to developing countries. Topics include decision-making at the individual and macro-levels; trade strategies; fiscal, monetary and exchange policies in promoting economic development; and the role of less developed countries in the global economy. (Generally offered winter semester of odd years.) Prerequisite 150 or 201 or 210 333 History of Economic Thought (3) Surveys the history and development of economic theory. Examines the development of classical theory, the Marxian challenge, the neo-classical refinement (marginal revolution) and the Keynesian revolution. Emphasis will be placed on the development of economics as intellectual history. (Offered with sufficient student demand.) Prerequisite 150 or 200 or 210 338 Economics of Human Resources (3) Surveys the nature of labor markets. Topics include labor demand and supply, education and investment in human capital, unemployment, geographic and occupational mobility of labor, and effects of race, sex and age in labor markets. Satisfies the university ethnic diversity requirement. (Generally offered fall semester of odd years.) Prerequisite 150 or 201 or 210 305 367 Economics of Health Care (3) Application of tools of economic analysis to the health care industry and government health care policy. Examines the impact of the special characteristics of health care and the medical services industry on the pattern of health care produced, its distribution and resource allocation within the industry. (Generally offered winter semester of even years.) Prerequisite 201 or 210 373 International Trade (3) Examines classical, neoclassical and modern theories of international trade, as well as trade policies. Topics include: the relationship between economic growth and international trade, the theory and practice of commercial policy, preferential trading arrangements, international factor movements, trade under imperfect competition, and trade between unequal partners. (Generally offered every fall semester.) Prerequisite 201 or 210 374 Economics of International Finance (3) Examines issues of balance of payments adjustment, exchange rate determination, and the open economy. Topics include: theories of payments and foreign exchange, causes of disturbances and processes of adjustments in the balance of payments of the foreign exchange market under alternative exchange rate regimes, international capital markets, foreign debt, monetary integration, and the international mon- etary system. The course may not be substituted for 419. (Generally offered winter semester of even years.) Prerequisite 201 or 210 378 Economic Analysis of Law (3) Economic analysis of basic institutions of legal systems. Emphasis is on laws that are not directly intended to regulate the economy, including property, contract, tort, criminal and procedural law. Labor and antitrust law will be discussed only tangentially. (Generally offered spring term of even years.) Prerequisite 201 or 210 or permission of instructor 385 Economics of Industries (3) Studies the structure of American industry and the factors affecting it, with emphasis on economies of scale; barriers to entry; structure-behavior relationships, including pricing, product differentiation and technical change; evaluation of performance, antitrust and regulation. (Generally offered fall semester of even years.) Prerequisite 201 or 210 or permission of instructor 405 Econometrics (3) Deals with estimation and testing of economic models using regression techniques. Class time includes weekly computer lab. Topics include: identifying and correcting violations of the regression assumptions, binary variables, distributed lag models, and simultaneous equation models. (Generally offered every fall semester.) Prerequisite 250 or 340 and 303, or permission of instructor. Corequisite: Weekly lab to accompany 405 409 Urban and Regional Economics (3) Explores the application of microeconomic theory and empirical analysis to: residential choice and location of economic activities; migration patterns within and across states and metropolitan areas; major urban problems such as quality of life, transportation and optimum city size; urban sprawl; and Michigan\u2019s economy. (Generally offered winter semester of even years.) Prerequisite 250 or 340, and 303, or permission of instructor 418 Seminar in Economic Policy (3) Involves analysis of economic policy. Topics vary but may include resource allocation, macroeconomic stability, economic growth, energy, public choice, transitional economics, privatization, global economic interdependence and the environment. (Generally offered fall semester of even years.) Prerequisite 303, and 250 or 340, or permission of instructor 421 Monetary Economics (3) Conducts a systematic treatment of monetary economics. Particular attention is paid to issues such as money demand, money supply, effects of money on the real economy (output and employment) and inflation, and effectiveness of monetary policy. (Generally offered fall semester of odd years.) Prerequisites 302 or permission of instructor. 306 456 Public Finance (3) Studies the role and impact of the public sector in a market economy. It examines government spending programs and taxes within the context of efficiency and equity. There is a strong emphasis on current policy issues. (Generally offered winter semester of odd years.) Prerequisite 250 or 340, and 303, or permission of instructor 480 Special Topics in Economics (3) Involves an intensive study of a selected topic in economics. Topics vary. See Schedule of Classes for current offering. May be repeated for a total of 6 credits as long as the topic covered is different. (Offered with sufficient student demand.) Prerequisite 303 490 Independent Study (1-3) Qualified and highly motivated students may engage in individual research, directed readings or group study under the supervision of a faculty member. Offered every term. May be repeated for a total of 6 credits. (Offered based on individual students\u2019 needs.) Prerequisite: An overall grade point average of 3.00 or better, major standing and an approved contract prior to registration 322 Managerial Finance (4) The basic elements of managerial finance. Topics include: capital budgeting techniques, financial structure and analysis, the cost of capital, working capital management and international financial management. Prerequisite 201 200 210 250 or 340 and junior status 416 Investment Analysis (3) Provides a general framework for constructing portfolios and valuing investments. Important concepts include portfolio theory, credit analysis, valuation of call and conversions features on debt instruments, and fundamental analysis of equities and foreign assets. Prerequisite 322 301 or 311 and major standing 417 Investment Portfolio Management (3) Analyzes trading in different types of spot and foreign assets, futures, options, and investment companies. Tax, transaction cost, and regulatory issues are evaluated, as are asset allocation and timing strategies, technical analysis, hedging, arbitrage, and portfolio management within the context of a financial plan. Prerequisite 416 and major standing 418 Financial Institutions and Capital Markets (3) Focus is on the structure and operations of financial intermediaries, analysis of innovative financial instruments, and credit and interest rate risk management. Prerequisite 322 and major standing 419 International Financial Management (3) The application of the tools of financial analysis to cases and the problems of firms that have operations in several countries. Prerequisite 322 and major standing 420 Real Estate Investment Analysis (3 look at acquisition, financing and sale of income-producing real estate. Topics to be covered include feasibility, appraisal, investment, financing and taxation. Prerequisite 322 and major standing 422 Managerial Finance (3) The application of the tools of financial analysis to specific cases in the financial management of corporate businesses and nonprofit enterprises. Prerequisite 322 and major standing 480 Special Topics in Finance (3) Intensive study of a selected finance topic. The topic will vary from term to term. May be repeated for a total of 6 credits. Prerequisite 322 and 416 301 and major standing 307 490 Independent Study (1-3) Qualified and highly motivated students may engage in individual research, directed readings or group study under the supervision of a faculty member. Offered every term. May be repeated for a total of 6 credits. Prerequisite: An overall grade point average of 3.00 or better, major standing and an approved contract prior to registration 318 Introduction to Financial Systems and Databases (3) This course focuses on information systems, project management, data modeling, database design, querying a database, and use of computerized financial databases. Prerequisite 210 300, and major standing 431 Financial Information Systems: Analysis (3) Students will learn how to analyze modern, technologically relevant financial information systems. The Systems Development Life Cycle (SDLC) is used as the logical framework and appropriate modeling methodologies are used to analyze real-world business systems. Prerequisite 318 and major standing 432 Financial Information Systems: Design (3) This project-based course involves design and construction of computer information systems, using appropriate methodologies, and a Model-Oriented-Tool-Enhancement approach. Designs will be implemented using innovative technologies. Prerequisite 431 or 316, and major standing 433 Financial Information Systems: Audit and Control (3) This course deals with audit and control aspects of information systems. Students will study the risks, controls, audit techniques and computer fraud detection techniques related to key information systems areas and will perform audit tests and fraud prevention and detection procedures. Prerequisite 318 or 304, and major standing 435 Financial Information Systems: Applications (3) The content of this project-based course will vary depending on changing business needs and information technologies. Topics include XML-XBRL, electronic commerce, executive decision support systems, and new emerging technologies. Prerequisite 432 and major standing 480 Financial Information Systems: Special Topics (3) Intensive study of special financial information topics. See schedule of classes for current offerings. May be repeated for a total of 6 credits. Prerequisite 318 and major standing 490 Financial Information Systems: Independent Study (1-3) Qualified and highly motivated individuals may engage in individual research, directed readings or group study under the supervision of a faculty member. Prerequisite: An overall grade point average 3.00 or better, major standing, and an approved contract prior to registration 350 Legal Environment of Business (3) The legal framework of business decisions. Introduction to the legal system and a survey of government regulation of business. Legal, ethical and political issues in employment, consumer protection, antitrust and business associations. Prerequisite 201 or 210, major standing and junior status 423 International Business (4) Analysis of the scope, structure and environment \u2014 social, cultural, political, legal, economic and technologi- cal\u2014 of international business. Emphasizes the roles played by the various business functions, in presenting an integrated view of how managers of multinational firms cope with the complex international environment. Prerequisite: Major standing. 308 435 Management Strategies and Policies (4) Managerial problem perception and the application of economics, statistics, organizational behavior, accounting, finance, marketing and quantitative methods to the systematic analysis of case studies. Prerequisite: Major standing 382 302 331 322 343 and senior standing. For majors only 450 Business Law (4) Survey of topics in private commercial law under the Uniform Commercial Code. Contracts, agency, property and insurance, secured transactions and commercial paper. Legal responsibilities of the licensed professions. Prerequisite 350 and major standing 480 Seminar: Current Business Topics (4) The analysis of topics of current interest in management. Outside faculty and managers may participate in the seminar as an integral part of the course. May be repeated for a total of 8 credits. Prerequisite: Major standing 490 Independent Study (2, 4) Qualified and highly motivated students may engage in individual research, directed readings or group study under the supervision of a faculty member. Offered every term. May be repeated for a total of 8 credits. Prerequisite: An overall grade point average of 3.00 or better, major standing and an approved contract prior to registration 200 Personal Productivity with Information Technology (4) Introduction to concepts, principles, and methods that knowledge workers use to organize and manage individual information resources, including the following information technology: the Internet, word processors, spread- sheets, graphics and database management systems. Hands on exercises will be a major part of the course. Recommended for students intending to major in 300 Management Information Systems (3) Examination of information systems from the perspective of the manager as a user. Survey of the behavioral, organizational and systems theory foundations; the systems development process; and the integration of data processing, database management, decision support systems, office automation and telecommunications across functional areas. Includes lab exercises. Prerequisite 125 or 200 and junior status 304 Database Management (4) Technology, organization, design, use and administration of database management systems (DBMS). Includes exercises using microcomputer and mainframe packages. Prerequisite high-level programming language 300 and major standing 316 Systems Analysis (4) Theory and practice of designing information systems to meet user needs, including problem investigation and the analysis, design and implementation of systems. Topics include the systems development cycle, system modeling techniques, interface to database management systems, monitoring and control, review and mainte- nance, and project management. Includes class projects using a tool. Prerequisite high-level programming language 300 and major standing 400 Analysis of Complex Systems (3) Modeling, instrumentation and control of complex systems. Emphasizes design, implementation and testing of information and control systems in unstructured and realistic contexts. Includes specification, evaluation and selection of hardware and software systems, ranging from applications in microcomputers to mainframes. Prerequisite 303 316 and major standing 405 Business Data/Telecommunications (3) Technology, design, management, and use of data, voice, image, and video communication networks. Topics include teleprocessing, micro-mainframe links, local area networks, wide area networks, telephone systems, electronic mail, transborder data flows and communication protocols. Includes exercises using various network configurations. Prerequisite 300 and major standing 309 407 Projects and Problem Solving (3) An advanced communications and problem solving course in which students learn to specify and design systems for computers. Consists of field studies by teams of students leading to computerized solutions of real world problems. Prerequisite 316 130 or 141 or 220 and major standing 416 Advanced Systems Analysis and Design (3) Students will develop a working system from a business case using an integrated tool to produce data and process models, develop a design, generate code and test running code for the system. This course will build on the tool skills in 316 and provide project experience for students. Prerequisite 304 and 316 and major standing 418 Network Management (3) This course provides a general overview of communications network design. Relevant data communication hardware and software characteristics are examined. Students are introduced to network models, and design of local area networks and wide area network along with Intranet and Extranet. The impact of communications technology on organizations as well as trends in the telecommunications industry is explored. Prerequisite 300 or instructor\u2019s permission and major standing 420 Electronic Commerce (3) This course provides students with an analytical and technical framework to understand the emerging world of e-commerce. Topics include the complexities of the marketplace, design and implementation of an Internet business, and issues surrounding privacy, security, and the protection of intellectual property on the Internet Prerequisite 300 and major standing 421 Advanced Business Applications (3) Sophisticated business information systems will be analyzed, designed and programmed using advanced 3GL capabilities such as COBOL\u2019s report writer, relative, direct, and indexed files, and comparisons with 4GLs. Applications in accounting, finance, marketing, human resources and production will be emphasized. Prerequisite 300 130 or 141 and major standing 422 Business Object Development (3) The primary focus of the course is on the principles and applications of object-oriented methods in information systems. Object-oriented concepts and software design and programming principles will be introduced. The purpose of the course is to train students to write reasonably complex business application programs using higher level languages such as Java. Prerequisite 300 130 or 141 and major standing 424 Business Application Architecture (3) This course focuses on issues related to server-side aspects of web-based applications. It introduces different solution architectures and their relative advantages and disadvantages. Several server-side technologies are introduced, such as Java Servlets, Java Server Pages and Java Beans. This project-based course allows students to design and build server-side applications. Prerequisite 422 or instructor\u2019s permission and major standing 426 Application Development (3) Sophisticated graphical user interface (GUI) applications will be developed using Visual Basic, Powerbuilder or some other appropriate development tool. Course topics include the psychology of user interface design, developing client/server systems standards, event-driven program- ming models, single and multi-user interfaces and interacting with databases. Prerequisites 304 and 316 and major standing 428 Web Application Development (3) The course studies the design, creation, and implementation of information systems using the technology of the World Wide Web, including HTML, client-side and server-side scripting languages, and databases. At the end of the course, students should be able to build complete Web-based systems, using technology chosen by the instructor. Prerequisite 300 or instructor\u2019s permission and major standing 436 Decision Support Systems (3) Examines the design and implementation of decision support systems. Considers the roles of expert systems and artificial intelligence in decision making. Includes a critical review of theory and case studies taken from recent literature. Prerequisite 300 and major standing. 310 442 Issues in Supply Chain Management (3) Information technologies have enabled the efficient flow of information, materials and services from raw materials suppliers through to final consumers by advancing supply chain integration and coordination. Aspects related to logistics, operations and information systems, as well as coordination strategies and supply chain partnerships are included. Prerequisite 300 or instructor\u2019s permission and major standing 444 Simulation in Management (3) Computer simulation models using or an equivalent simulation language, plus simulation exercises using standard programming languages. Implications of models and sensitivity analysis for forecasting, planning and decision making in the management environment are explored. Prerequisite 130 or 141 300, knowledge of or and major standing 446 Business Analysis and Modeling (3) This course focuses on the design and development of decision support systems. The emphasis is on end- user development of model and data based systems to support managerial decision-making using various software tools. Prerequisite 130 or 141 240 or 250 300 and major standing 480 Advanced Topics in (3) An advanced course involving study of current research issues and recent developments in MIS. Topics vary. See Schedule of Classes for current offerings. May be repeated for a total of six credits. Prerequisite 300, 304 or 316, and major standing 490 Independent Study (3) Qualified and highly motivated students may engage in individual research, directed readings or group study under the supervision of a faculty member. Offered every term. May be repeated for a total of six credits. Prerequisite: An overall grade point average of 3.00 or better, major standing and an approved contract prior to registration 302 Marketing (4) Analysis of the principles of marketing, marketing concepts and trends, and their relationship to other business principles. Special emphasis is placed on the study of the marketing mix. Prerequisite 150 or 200, and junior status 353 Marketing Management (4 study of the overall marketing strategies pertaining to problems experienced in today\u2019s economy. Uses the case study method to analyze these problems. This course requires a knowledge of spreadsheets and financial statements. Prerequisite 302 and major standing 404 Consumer Behavior (4) Study of factors influencing consumer behavior, structuring and managerial use of consumer decision- making models. Examination of social, psychological and economic variables of buying behavior, including learning, motivation, attitude, personality, small group dynamics, demographic and economic factors and culture. Satisfies the university ethnic diversity requirement. Prerequisite 302 and major standing 405 Marketing Research (4) Focuses on the generation and management of information in marketing decisions. Covers the evaluation of additional marketing information, how it is acquired and used, the manager\u2019s role in market research and the researcher\u2019s role in supplying marketing information. Prerequisite 302 250 or 340 and major standing 406 Promotional Strategy (4 study of the promotional tools of advertising, public relations, sales and sales promotion. Emphasis on identifying the factors that become the basis for promotional decisions. Prerequisite 302 and major standing 311 420 Distribution Channels Management (4) Examination of the management of marketing channel relationships. Focuses on the characteristics and social, economic and political relationships among wholesalers, agents, retailers and the other agencies that comprise distribution channels. Prerequisite 302 and major standing 430 Sales and Sales Management (4) Focuses on the activities of selling and those of the first line sales managers. Emphasis is on how salespeople interact with customers and prospects, i.e., how to sell and how first line sales managers manage his/her field sales force. Prerequisite 302 and major standing 450 International Marketing (4) The application of marketing principles to problems associated with marketing products and services to different nations. Cases in international marketing will be analyzed. Prerequisite 302 and major standing 470 Business to Business Marketing (4) The study of the interaction of businesses with one another in the buying and selling of goods that facilitate the production process or are used as components in the goods manufactured by the buying firm. Focus is on how business to business marketing decisions are or should be made in selling in the business environment. Prerequisite 302 and major standing 480 Seminar in Marketing (4) Study of a selected topic or current marketing interest relevant to marketing management. Topics may include retail management, new product development, web marketing, e-commerce, services marketing or any area not covered by a specific course. May be repeated for a total of 8 credits. Prerequisite 302 and major standing 490 Independent Study (2, 4) Qualified and highly motivated students may engage in individual research, directed readings or group study under the supervision of a faculty member. Offered every term. May be repeated for a total of 8 credits. Prerequisite: An overall grade point average of 3.00 or better, major standing and an approved contract prior to registration 330 Introduction to Organizational Behavior (3) Examination of the theoretical and empirical issues that affect the management of individual, group and organizational processes including structure, motivation and leadership. Prerequisite: Junior status 331 Introduction to the Management of Human Resources (3) Examination of applied issues relevant to the management of human resources including recruitment, selection, performance appraisal, introduction to applied research, international human resources management and organizational development. Projects applying course concepts are required. Prerequisite 330 and major standing 430 Organizational Research Methods (4) Use of various behavioral research strategies as input for managerial problem solving. Review of data collection and feedback procedures, including formal research designs and action research. Computer- based exercises will be required. Prerequisite 331 250 or 340 and major standing 431 Leadership and Group Performance (4) Comprehensive examination of selected theories of leadership. Emphasis on relevant empirical evidence and application of the theories to case studies that involve leadership behavior and group functioning. Prerequisite 331 and major standing. 312 432 Motivation and Work Behavior (4) Analysis of individual and organizational factors affecting employee motivation, performance and satisfaction in the work environment. Topics include the role of leadership, job design, environmental variation, compensation policies, goal-setting techniques and group influences, as each affects employee attitudes and behavior. Prerequisite 331 and major standing 433 Labor/Management Relations (4) Analysis of management/employee relations in the private and public sector. Topics include factors influencing the supply and demand for labor, evolution and governance of unions, collective bargaining and public policy. Prerequisite 201 and major standing 434 Advanced Human Resources Management (4) Discussion of advanced topics in human resources. Topics include compensation, employee involvement, information systems, development, assessment and selection project is required. Satisfies the university ethnic diversity requirement. Prerequisite 331 and major standing 470 International Organizational Behavior and Human Resources Management (4) Examines both international organizational behavior and human resource management in order to prepare for work in a global environment. Cross-cultural training, managing global managers, compensa- tion, labor relations and repatriation are among the topics covered. Offered every other year. Prerequisite 331 and major standing 480 Topics in Organizational Management (4) Intensive study of a selected topic relevant to organizational behavior and/or human resource manage- ment. Topics will vary from term to term and may include career development, compensation, men and women at work, industrial health and safety, management across cultures and power in organizations. May be repeated for a total of eight credits. Prerequisite 331 and major standing 490 Independent Study (2, 4) Qualified and highly motivated students may engage in individual research, directed readings or group study under the supervision of a faculty member. Offered every term. May be repeated for a total of eight credits. Prerequisite: An overall grade point average of 3.00 or better, major standing and an approved contract prior to registration 343 Operations Management (4) Study of operations of manufacturing and service organizations. Introduction to operational design and control issues such as forecasting, capacity planning, facility location and layout, production control, material requirements planning, scheduling and quality assurance. Includes international, legal and ethical aspects, as well as computer exercises. Prerequisite 340 or 250 or 226 and junior status 441 Manufacturing Planning and Control (4) Definitions, techniques and practices in manufacturing applications, including traditional manufacturing techniques as well as current issues such as cellular and flexible manufacturing systems. Emphasizes differences between American and foreign manufacturing techniques. Prerequisite 343 and major standing 445 Cases in Operations Management (4) Analysis of diverse cases from the perspective of the operations function in service and manufacturing organizations. Cases are descriptive of actual operating situations. Covers situations that lend themselves to analytical and computer techniques as well as problems involving subjective judgment and creativity in translating theory into practice. Prerequisite 343 and major standing 313 448 Project Management Techniques (4) An examination of the various math-based techniques for managing projects. The topics include Program Evaluation Review Technique (PERT) and Critical Path Method (CPM). Includes computer exercises. Prerequisite 343 and major standing 480 Special Topics in Operations Management (4) Intensive study of a selected topic in production/operations management. Topics vary. See Schedule of Classes for current offering. May be repeated for a total of eight credits as long as the topic covered is different. Prerequisite 343 and major standing 490 Independent Study (2, 4) Qualified and highly motivated students may engage in individual research, directed readings or group study under the supervision of a faculty member. Offered every term. May be repeated for a total of eight credits. Prerequisite: An overall grade point average of 3.00 or better, major standing and an approved contract prior to registration 240 Statistical Methods for Business (3) Descriptive statistics, probability, probability distributions, sampling distributions, estimation, and hypothesis tests. Emphasizes business applications and computer analysis of data. Includes report writing, computer projects, and presentations. Prerequisite 121 125 or 130 or 200 250 Statistical Methods for Business (6) Covers the same topics as 240 and 340 combined. Intended for motivated students with good writing and analytical skills. Prerequisite 122 or 154 and 125 or 130 or 200 340 Statistical Methods for Business (3) Continuation of 240. Analysis of variance, nonparametric statistics, correlation, regression, statistical process control, and time series analysis. Emphasizes business applications and computer analysis of data. Includes report writing, computer projects, and presentations. Prerequisite 122 or 154, and 240 or equivalent 440 Management Science (4) Overview of quantitative methods used in managerial decision making. Includes decision analysis, linear, integer, and dynamic programming, networks, PERT/CPM, simulation, waiting-line models and Markov chains. Emphasizes the use of computer software in formulation and analysis of management science models. Prerequisite 240 or 250 or 225 and major standing 452 Forecasting (4) Survey of time-series forecasting, including trend-fitting, exponential smoothing, decomposition, ARIMA, and neural nets. Econometric topics include seasonal binaries, autocorrelation, lagged variables, multicolinearity, causality tests, and vector autoregression. Industry case studies and discussion of current economic conditions and managerial implementation. Extensive use of computer packages. Frequent written projects and oral presentations. Prerequisite 250 or 340 and major standing 490 Independent Study (2, 4) Qualified and highly motivated students may engage in individual research, directed readings or group study under the supervision of a faculty member. Offered every term. May be repeated for a total of 8 credits. Prerequisite: An overall grade point average of 3.00 or better, major standing and an approved contract prior to registration. 314 415 Education Building (248) 370-3050 Fax: (248) 370-4202 Dean: Mary L. Otto Associate Deans: Dawn M. Pickard, Robert A. Wiggins Office of the Dean: Sandra K. Deng, adviser; Kim Forcier, adviser; Arielle Kardell, adviser; Helen Gauntt, assistant coordinator; Judith M. Hoppin, executive director, professional develop- ment; Vicky Hunt, assistant dean; Sherrill M. Karppinen, coordinator, field placements; Linda Robak, director; Shannon L. Spann-Revels, PSA/Urban Partnerships; Deborah Weathers, coordinator, counseling practicum laboratory; Donna Malaski, adviser Ken Morris Center for the Study of Labor and Work: Michael P. Long, program director Lowry Center for Early Childhood Education: Department of Human Development and Child Studies, Carol Swift, Chair Programs Offered The School of Education and Human Services offers programs designed to prepare students for careers in teaching and related human service activities. The programs include a Bachelor of Science in elementary education, a five-year secondary education program leading to teaching certification for selected majors, and a Bachelor of Science in human resource development. Minors in human resource development and in labor and employment studies are also available. Students considering a major in elementary education should consult the Admissions section of this catalog for specific preparation requirements. The School of Education and Human Services also offers programs leading to the Doctor of Philosophy in reading, counseling, early childhood education, educational leadership, and music education, the Education Specialist in school administration, the Master of Arts in counseling, and the Master of Arts in Teaching in reading and language arts, and the Master of Education in three areas: early childhood; curriculum, instruction and leadership; and special education and the Master of Training and Development. For information on these programs, see the Oakland University Graduate Catalog. Additional Services Advising Office The School of Education and Human Services (SEHS) Advising Office (363 Education Building, 248-370-4182) is responsible for providing academic advising and career counseling for students in the Bachelor of Science degree in elementary education and secondary education, and for second undergraduate degree students seeking initial certification. The Advising Office (430 Education Building, 248-370-3066) is responsible for providing academic advising and career counseling for students in the Bachelor of Science degree program in Human Resource Development. Professional Development The Professional Development Office (373 Education Building, 248-370-3033 coordinates off-campus courses, certificate, distance/on-line learning, and other programs for teachers, school administrators, counselors, human resource personnel, and training and development professionals. As an outreach unit of the School of 315 Education and Human Services, the office creates partnerships with organizations desiring university credit or continuing education units for staff development programs. Professional development staff also directs the operation of the Career Development Training Institute, an organization that provides consulting services, staff training and training materials for career development personnel working in agencies, business and industry, government and education. Lowry Center for Early Childhood Education The Lowry Center for Early Childhood Education (248-370-4100) provides year-round programs for young children, toddlers through kindergarten-age. The center is a research and training facility for students and faculty concerned about child growth and development. Ken Morris Center for the Study of Labor and Work The Ken Morris Center for the Study of Labor and Work (495C Education Building, 248-370-3124) provides teaching, research, consultation and public service activities for labor organizations and their members. It coordinates the Minor in Labor and Employment Studies and oversees other credit and non-credit courses, primarily for adult working students who are active in unions. Courses, conferences, residential institutes and special lectures and training, taught at on- and off-campus locations, are offered on topics related to work, the needs of working people and labor organizations, and other areas of special concern to union members, leaders and staff. Field Placements and Internships The Office of Field Placements (385 Education Building, 248-370-3060) is responsible for the placement of pre-service interns, elementary, secondary and music. Educational Resources Laboratory The Educational Resources Laboratory (350 Education Building, 248-370-2485) provides support for the academic, research and development activities of the School of Education and Human Services. Patrons are provided with a functional setting for the examination, study, research, development, production, and evaluation of instructional materials and technologies. Workshops, seminars and consultation services in instructional technology and research strategies are available. 316 491B Education Building (248) 370-4185 Fax: (248) 370-4141 Chair: Luellen Ramey Professor Emeritus: Howard Splete Professor: Mary L. Otto Associate professors: Thomas W. Blume, Elyce A. Cron, Robert S. Fink, Jane S. Goodman, James T. Hansen, Luellen Ramey, Lynn Surrey Assistant professors: Lisa D. Hawley Within the School of Education and Human Services, the Department of Counseling offers an undergraduate course in Educational and Career Exploration. See the Graduate Catalog for the Master of Arts in Counseling, post-master\u2019s specializations in Mental Health Counseling, Child and Adolescent Counseling, Couple and Family Counseling, Advanced Career Coun- seling and School Counseling. A. Ph.D. program is offered with a focus on any of the above cognate areas. Course Offering The department offers this selected course as warranted by student need and availability of faculty. Specific offerings for each term may be found in the Schedule of Classes 264 Educational and Career Exploration (2) Introduction of key aspects of personal career decision making, encompassing self assessment, occupa- tional search, and the relationship between academic majors and future career options. Use of internet and computerized career assessment systems, inventories, and exercises in exploration, planning and goal setting 317 405B Education Building (248) 370-3077 Fax: (248) 370-4242 Chairperson: Carol A. Swift Distinguished professor emeritus: Laszlo J. Hetenyi Professor emeritus: Edward A. Bantel Professors: Gerald G. Freeman, Donald M. Miller, Ronald M. Swartz Associate professors: Sandra M. Alber, Marc E. Briod, Andrew S. Gunsberg, M. Shannan McNair, Sherri L. Oden, Richard C. Pipan, Carol A. Swift Assistant professors: Ambika Bhargava, James M. Javorsky, Erica A. Ruegg, Olivia A. Williams Within the School of Education and Human Services, the faculty of the Department of Human Development and Child Studies offer courses in educational foundations and special education at the undergraduate level for students pursuing a career in teaching. The department houses master\u2019s degree programs in early childhood education and special education; these graduate programs can provide teaching certificate endorsements and/or professional education certification requirements. The department also offers a doctor of philosophy degree in early childhood. Course Offerings The department offers selected courses from this catalog as warranted by student needs and availability of faculty. Specific offerings for each term may be found in the Schedule of Classes 210 Social and Philosophical Issues in Elementary Education (4) Study of elementary education in broad perspective, as both an interpersonal activity and a social institution. Topics include immediate and ultimate aims of elementary education, social and cultural differences within and between schools, and assumptions underlying school policy. Must be taken in first 24 professional sequence credits. Includes a required field experience. Prerequisite: Admission to major 215 Educational Psychology for Elementary Teachers (4) Incorporates and places into perspective learning theories, developmental theories, biological theories and evaluation, with emphasis on the effects of varied qualities of experience during childhood and early adolescence. Includes a required field experience. Must be taken in first 24 professional sequence credits. Prerequisite: Admission to major 301 Human Nature (4) An analysis of human nature through evolutionary, developmental, cultural and philosophical perspec- tives. Implications for the helping professions 344 Social and Philosophical Issues in Secondary Education (4) Study of secondary education in broad perspective, as both an interpersonal activity and a social institution. Topics include immediate and ultimate aims of secondary education, social and cultural differences within and between schools, and assumptions underlying school policy. 318 345 Educational Psychology for Secondary Teachers (4) Psychological factors in learning and development are examined in lectures, class discussions and observations. These may be observations of actual teaching in the schools, or of videotapes of teaching. Attention to regular and exceptional development during the adolescent years. Required field experience: 30 clock hours of observation and interaction in local secondary classrooms in the student\u2019s minor area during the semester enrolled 355 Identifying Learning and Behavior Differences in Students (4) Familiarizes students with the characteristics of all types of exceptional students, including the gifted and talented. Introduces special education law and services for handicapped persons. Requires field placement in a special education setting where students practice informal observation and assessment techniques for determining individual differences. Prerequisite: Admission to major 354, 420 and 8 additional professional sequence credits 401 Introduction to Students with Special Needs (4) Introduction to special education, atypical children, individual differences, learner environment and instructional adaptations. Crosslisting with 501 319 435A Education Building (248) 370-4109 Fax: (248) 370-4095 Internet: www2.oakland.edu/sehs/hrd Chairperson: Billy Joe Minor Professors emeriti: David P. Meyer, William F. Moorhouse, Robert G. Payne Associate professors: Susan M. Awbrey, F. James Clatworthy, William C. Fish, Michael P. Long, Billy Joe Minor, James Quinn Assistant professors: Celina Byers, Maria Cseh, Tomas Giberson, Constantine I. Kontoghiorghes, Monica Tracey Instructor: Chaunda L. Scott Technology consultant: George Preisinger The Department of Human Resource Development (HRD) of the School of Education and Human Services offers a program leading to the degree of Bachelor of Science in Human Resource Development. This field of study supports the use of human development, organiza- tion development, training and development, and career development principles and practices to enhance the quality, performance and satisfaction of individuals, groups and organizations. The degree program covers topics in areas related to needs assessment, instructional design and delivery, program evaluation, performance appraisal, personnel selection, recruiting, organiza- tion development, labor relations, employee involvement, and managing diversity. Graduates are prepared with conceptual knowledge and technical and interpersonal skills for a variety of careers in the workplace. Degree Requirements The curriculum described shall be followed by students admitted to pre status. Admission to pre status requires a cumulative grade point average of 2.50 or better. Students admitted to pre status prior to fall 2002 may choose to satisfy either the degree requirements listed in this catalog or those in the catalog of the academic year in which they were initially admitted to pre status (or any catalog during the interim), provided that catalog is not more than six years old at the time of graduation. Students who transfer to the School of Education and Human Services after admission to the university or who are readmitted to the university are required to follow the requirements of the catalog in effect at the time they transfer or are readmitted. To earn a Bachelor of Science degree with a major in human resource development, students must: 1. Complete a minimum total of 124 credits. 2. Complete at least 32 credits in courses at the 300 level or above at Oakland University. 3. Take the last eight credits needed to complete the baccalaureate degree requirements at Oakland University. 4. Have a cumulative grade point average of at least 2.50. 5. Satisfy the writing proficiency requirement (see Undergraduate degree requirements). 6. Complete the university general education requirement with a minimum total of 32 credits (see Undergraduate degree requirements). 320 7. Satisfy the university ethnic diversity requirement 367 in the major satisfies this requirement). 8. Complete the human resource development core courses (16 credits) with a minimum grade of 2.8 in each course and apply for admission to major standing in the program. 9. Complete the human resource development major courses (56 credits) with a minimum grade of 2.8 in each course. 10. Complete the elective requirements. 11. Complete the internship requirements (8 credits) with a minimum grade of 2.8. Advising Students should meet with the professional academic adviser for assistance with schedule planning, completing the program plan, interpreting degree requirements, admission to major standing, transfer credits, petitions of exception and graduation audits. The advising office is located in 430A Education Building (248-370-3066). To avoid delays, students are encouraged to seek advising prior to early registration periods graduation audit should be obtained from the academic adviser at the beginning of the student\u2019s senior year (one year before planned graduation). The responsibility for meeting graduation requirements rests with the student. Admission to major standing in human resource development To be admitted to major standing a student must satisfy the following requirements: 1. Complete a minimum of 32 credits at an accredited college or university with a cumulative of 2.50 or better. Courses that carry no numerical or letter grade (such as S/U)are excluded from calculation of the GPA. 2. Complete the core courses with a minimum grade of 2.8 in each course. 3. Submit an \u201cApplication for Major Standing\u201d during the semester in which the student expects to complete the core requirements. 4. Complete the preparation of an approved program plan. Required courses for the Bachelor of Science degree in human resource development The program leading to the Bachelor of Science degree in human resource development includes the following core courses, major courses, electives and internship Core Courses (16 credits) Core courses introduce important theoretical constructs and tool skills for pursuing a major in human resource development. Students must earn a minimum grade of 2.8 in each of the following core courses 125 Introduction to Computer Use 4 335 Writing for Human Resource Development Professionals 4 306 Introduction to Human Resource Development 4 351 Fundamentals of Human Interaction 4 16 B. Major Courses (56 credits) The student may take up to eight credits of major courses before completion of the core courses and admission to major standing. Additional major courses may not be taken without admission to major standing. Major courses must be completed with a minimum grade of 2.8 321 303 Ethics in Human Resource Development 4 309 Information Management Systems 4 310 Instructional Design 4 320 Introduction to Labor and Employment Relations 4 328 Employment Regulations and Benefits 4 362 Assessment in Human Resource Development 4 363 Group/Team Development and Leadership 4 364 Career Development 4 365 Interviewing in the Workplace 4 367 Cultural Diversity in the Workplace 4 401 Change Process and Organizational Analysis 4 402 Program Planning and Evaluation 4 423 Instructional Methods 4 52 C. Electives (8 credits minimum) The electives allow students to take courses that support their individual interests and career aspirations. Elective courses must be 100 level or higher. D. Internship (8 credits) Eight internship credits must be completed at an approved placement site for a total of 320 hours. Applications for internship must be submitted by the designated deadlines (fall semester-June 15, winter semester-October 15 and spring/summer session- February 15). Applications will not be accepted after the deadline. Internship must be completed with a minimum grade of 2.8. Minor in human resource development The School of Education and Human Services offers a minor in human resource develop- ment for students who wish to strengthen their academic majors with course work in human resource development. To obtain a minor in a student must: 1. Complete the minor authorization form with the approval of the minor coordinator. 2. Complete the minor core courses (12 credit hours) with a minimum grade of 2.8 in each course. 3. Complete an additional minimum of 12 credit hours of courses with a cumulative grade point average of 2.80 or higher in each course. Note 369 Fieldwork in 390 Independent Study in HRD, and 490 Internship in cannot be used to satisfy minor course requirements. Minor core (12 credits 351 Fundamentals of Human Interaction 4 306 Introduction to Human Resource Development 4 363 Group/Team Development and Leadership 4 or 365 Interviewing in the Workplace 4 12 Selected courses 12 24 322 Minor in labor and employment studies Labor and employment studies is an interdisciplinary minor that provides an academic background for understanding the empirical and theoretical bases of the employee/employer relationship and labor organizations. This program may be particularly useful to individuals interested in the operational aspects of employment including the law, collective bargaining, personnel practices, and the dynamics of staff, leadership and participative roles. This minor is open to any student who has been admitted to the university. Core courses are scheduled to maximize accessibility to both full-time undergraduates and full-time, working adult students. Students who seek to apply credits toward a degree must contact an adviser to design a degree plan and to select appropriate courses. This minor requires 22-24 credits distributed among the following three areas of prepara- tion. The plan of study is subject to the approval of the coordinator for the minor. Courses counted towards the minor must have a cumulative grade point average of 2.80 or higher in each course. 1. Core (16 credits) a. Must take one of the following 320 Introduction to Labor and Employment Relations (4 321 Introduction to Public Sector Labor and Employment Relations (4) b. Select at least 3 of the following 322 The Study of Labor and Work Organizations (4 324 Work and the Law (4 326 Collective Bargaining and Dispute Resolution (4 328 Employment Regulations and Benefits (4 364 Career Development (4) In addition, students must make selections of one course from each of the following two areas to satisfy the remaining requirements of the minor: 2. Organizational Theory and Practice and Work Life Processes (3-4 credits 202 Group Dynamics and Communication (4 304 Communication in Organizations (4 363 Group/Team Development and Leadership (4 464 Consultation (4 401 Change Process and Organizational Analysis (4 330 Introduction to Organizational Behavior (3 350 The Sociology of Work (4 354 Quality of Work Life (4 359 Human Factors in Quality Control (4 381 Theories of Modern Organizations (4) 3. Community and Society (3-4 credits 335 Substance Abuse (4 367 Cultural Diversity in the Workplace (4 302 American Labor History (3 110 Contemporary Political Issues (4 374 Psychology of Women (4 331 Racial and Ethnic Relations (4 357 Industrial Sociology (4 445 Contemporary Work Roles, Careers and Labor Markets (4 323 Related minors and concentrations Students who wish to obtain more than one minor must obtain the approval of the human resource development program adviser. If the minor or concentration is within a school other than SEHS, students must obtain approval from the adviser of the selected minor. Departmental honors departmental honors are available to students who meet the following standards: a 3.50 or better cumulative average for all courses taken at Oakland University; a 3.70 or better cumulative average in Department courses (excluding 490). Course Offerings The department offers selected courses from this catalog as warranted by student needs and availability of faculty. Specific offerings for each term may be found in the Schedule of Classes 303 Ethics in Human Resource Development (4) Introduces the forces that shape ethical behavior in the workplace; ethical considerations in transactions with employees, supervisors and peers; ethical responsibility in the marketplace and society; and how to solve ethical problems. Prerequisite 160 or equivalent 306 Introduction to Human Resource Development (4) Introduces strategic assumptions affecting training and design priorities. Investigates roles and competen- cies for trainers in a variety of workplace settings. Promotes an understanding of the training and development field and the positioning of self as a potential trainer 309 Information Management Systems (4) Acquaints the student with the information technology needs of organizations. Students learn the importance of creating information systems and how to select appropriate hardware and software. Formerly 409. Prerequisite 125 or equivalent 310 Instructional Design (4) Explores adult learning theory including cognitive, affective, psychomotor domains. Instructional design models, needs analysis, occupational task analysis, development of competencies and learning objectives. Determination of appropriate training approach. Selection and evaluation of instructional materials and media. Prerequisite 160 or equivalent 320 Introduction to Labor and Employment Relations (4) Studies principles of both private and public sector labor relations. Includes discussions of the rights and responsibilities of all parties and traces labor relations through its origins and basic principles to current volatile issues and developing trends. Formerly 320 321 Introduction to Public Sector Labor and Employment Relations (4) Studies principles of public sector labor relations. Concentrates on public employment relations in Michigan, and includes discussions of the rights and responsibilities of all parties and traces labor relations through its origins and basic principles to current volatile issues and developing trends. Formerly 321 322 The Study of Labor and Work Organizations (4) An in-depth study of employment systems and relationships, and employee organizations. Formerly 322 324 Work and the Law (4 guide to the basic common law rights and responsibilities directly related to employment, as well as policies and procedures under the National Labor Relations Act. Includes a study of the principles used in employment related alternative dispute systems. Identical with 324. Formerly 324. 324 326 Collective Bargaining and Dispute Resolution (4) In-depth study of the principles and practices of private and public sectors collective bargaining and dispute resolution including strategic planning and preparation, position formulation, negotiation techniques, and agreement/ratification processes. Exploration of employment dispute resolution through observation of formal arbitration presentations, decision-making exercises, and active participation in formal arbitration presentations. Formerly 326 328 Employment Regulations and Benefits (4) Studies laws, regulations, policies and procedures required by federal and state statute, keeping employ- ment records, writing and maintaining employment handbooks, and the development of \u201cFamily Friendly\u201d employment policies. Employment benefit packages are studied in relation to their economic and non- economic costs and compatibility with legal requirements and employee expectations. Formerly 328 335 Substance Abuse (4) Studies the modes of prevention and treatment programs for substance abuse. Readings and reports include basic information about various drugs and alcohol, with history, categories and definitions, misuse, abuse, legitimate use, laws, attitudes and reasons people abuse drugs 351 Fundamentals of Human Interaction (4) Introduces key aspects of interpersonal relationships, such as self disclosure, feedback, conflict, trust and nonverbal communication. Examines various theories of healthy relationships and personal maturity. Self-appraisal, role plays, simulations and group interaction are used. Formerly 351 362 Assessment in Human Resource Development (4) Studies the use of standardized and qualitative assessment instruments and techniques in the process of enhancing the quality, performance and satisfaction of individuals, groups and organizations. Prerequisite 160 or equivalent and 306 363 Group/Team Development and Leadership (4) Studies the use of small group and team-based structures to enhance quality and performance in the workplace. Topics include team development, leadership, group norms and goals, resolving group conflicts, group problem solving and decision making models, and group assessments. Formerly 363. Prerequisite 160 or equivalent and 351 364 Career Development (4) Studies of career development theory, practices and resources in the workplace. Topics include development and implementation of career development programs, career materials and resources, trends and placement activities in working with individuals and organizations. Prerequisite 160 or equivalent 365 Interviewing in the Workplace (4) Examines fundamental principles and behaviors influencing workplace interviewing. Featured topics include active listening, questioning techniques, and structuring interviews. Skill practice opportunities are provided for needs assessment, behavioral, counseling, performance, conflict mediation and recruit- ment/selection interviews. Formerly 365. Prerequisite 306 and 351 367 Cultural Diversity in the Workplace (4) Identifies relevant culture-specific issues related to race, gender, ethnicity, socioeconomic status, sexual orientation, disabilities and religion. Examines historical context of culture-specific issues (knowledge). Facilitates awareness of values and their significance in helping relationships (self awareness). Presents an ecological framework for developing effective practices (skills). Satisfies the university ethnic diversity requirement. Prerequisite 160 or equivalent and 351 369 Field Work in (2, 4 or 6) Intermediate-level supervised experiences in a variety of workplace settings. Students must submit application to the fieldwork coordinator by designated dates on field work application approximately three months prior to the semester in which the field work will be served. Prerequisite: Permission of instructor by application to department and admission to human services specialization 325 390 Independent Study in (2 or 4) Directed reading or research in an topic. May be elected for independent study. Student selects topic, obtains faculty sponsor\u2019s permission before registration and writes report. May be taken, with special permission, more than once for 8 credits total. Prerequisite: Permission of a faculty sponsor by application to department 401 Change Process and Organizational Analysis (4) Study of structure of services in organizations and the processes of effecting individual and group change. Influence of assigned roles of administrators and workers on attitude and behavior. Theory and research of institutional growth and change. Prerequisite 306 and 363 402 Program Planning and Evaluation (4) Emphasizes skills in developing performance objectives and in organizing, writing and presenting proposals for program development. Methods of evaluation of training and development and human service programs i.e., action and survey research design. Prerequisite 362 423 Instructional Methods (4) Methods of instructing adults in training programs using instructional materials and media. Application of adult learning theory and evaluation of learning based upon competencies. Teacher-student interaction process and use of instructional media. Prerequisite 310 440 Strategic Planning (4) Development of long-range plans to accomplish the training and development mission. Simulation, group problem solving and preferred future planning used to acquire strategic planning skills. Prerequisite: Senior standing 464 Consultation (4) Includes study of processes of internal and external consultation, strategies for intervention in organization and consulting approaches in support of individual helping professionals, supervisors and administrators. Formerly 464. Prerequisite 365, 401 and 402 467 Workshop (2 or 4) Opportunity for industry/agency personnel and students to focus on various programs and practices. Offered as needed to meet needs of agency or industry employers and training directors. May be taken more than once for 8 credits total. Prerequisite: Course work or experience in the workshop topic 469 Seminar in (4) Scope is predefined and based on a broad topic in the field. Students select research areas and contribute their findings to the class. Visiting consultants and the instructor provide direction and content. May be taken more than once for a total of eight credits. Prerequisite: Course work or experience in the seminar topic 470 Introduction to Computer-Based Instruction (4) Acquaints students with the use of instructional design to create individualized training that is delivered via computer. Provides beginning skills in the use of a computer authoring system to create a training module and in the selection of multimedia software and hardware. Prerequisite 310 490 Internship in (4, 8 or 12 culminating experience where students apply learning in a supervised setting. Students must submit application to the internship coordinator designated dates on internship application approxi- mately three months prior to the semester in which the internship will be served. May be repeated only with department permission. Prerequisite: Full admission to major standing; completion of 100 credits (minimum); an overall of 2.50 or better; completion of the following courses with a minimum grade of 2.8 in each: (core 160 or equivalent 125 or equivalent 306 and 351, (major 309, 310, 362, 363, 364, 365, 367, 402, 423, and 335; permission of internship coordinator by application to department. 326 485K Education Building (248) 370-3065 Fax: (248) 370-4367 Chairperson: Robert M. Schwartz Professors emeriti: Gloria T. Blatt, Jane Bingham, Harold C. Cafone, Robert J. Christina, George E. Coon Distinguished Professor: Ronald L. Cramer Professors: Ronald L. Cramer, Robert M. Schwartz, Toni S. Walters Associate professors: Richard F. Barron, James F. Cipielewski, John E. McEneaney, Anne E. Porter, B. Joyce Wieneck Assistant professors: Jennifer I. Berne, Kathleen F. Clark, Ledong Li, Mary K. Lose, Gwendolyn M. McMillon, Linda M. Pavonetti As a department within the School of Education and Human Services, the instructional staff of the Reading and Language Arts Department offers courses in reading, language arts, instructional systems technology and children\u2019s literature at the undergraduate level for students pursuing a career in teaching. The department offers a master\u2019s degree program in reading and language arts, certificate programs in microcomputer applications, post- master\u2019s certificate programs, K-12 reading endorsements, a master\u2019s degree program combined with the early childhood endorsement and a doctor of philosophy degree in reading. Course Offerings The department offers selected courses from this catalog as warranted by student needs and availability of faculty. Specific offerings for each term may be found in the Schedule of Classes 331 Teaching of Reading (4) Basic course in the teaching of reading in the elementary and middle grades. Content includes strategies for teaching comprehension, phonics, emerging literacy, methods of reading instruction, and other pertinent issues. Includes a required field experience. Prerequisite: Admission to major. Corequisite 333 332 Literature for Children (4) Focuses on the critical evaluation of children's literature, understanding its history, assessing children\u2019s needs and developmental levels, and selecting and using quality literature with children. Prerequisite 160 or equivalent 333 Teaching the Language Arts (2 or 4) Preparation for teaching language arts in elementary arts in elementary and middle grades. Content includes oral language development, listening, writing, spelling and the reading-writing connection. Includes a required field experience. Prerequisite: Admission to major. Corequisite 331 334 Teaching Writing in the Elementary and Secondary School (4) Basic course in teaching the writing process. Students participate in writing workshops, discuss instruc- tional issues and methods, and experience writing through personal engagement in the writing process 327 337 Content Reading in the Elementary School (4) Designed for content subject learning in the elementary classroom. The course bridges learning to read and reading to learn practices relevant to the curriculum of the elementary school children. Prerequisite 331, 333; admission to elementary education program or permission of instructor 338 Teaching Reading in the Content Areas (4) Basic course in reading for secondary teachers. Focuses on the reading process, strategies and materials for teaching reading in English, social studies and other subjects to junior and senior high school students. Not open to elementary education majors 414 Reading Appraisal in the Elementary Classroom (2 or 4) Focuses on the assessment of reading. Uses formal and informal assessment instruments. Students learn to use assessment data to develop instructional programs. Specifically involves reading instruction with pupils and involvement with school personnel. Includes a required field experience. Prerequisite 331, 333 490 Independent Study and Research (2 or 4) Directed individual reading research. May be repeated for a maximum of 4 credits. Departmental permission required. Students must obtain written faculty agreement to supervise their study before permission is granted. Prerequisite 331, 333 396 Educational Uses of Microcomputers and Related Technologies (3 or 4) Basic microcomputer literacy course. Focuses on educational applications. Prepares students to use microcomputers and related technologies for career and personal goals 397 Integrating Technology in Secondary Curricula (4 general personal computer course designed for secondary education students. Students will become proficient users of the World Wide Web and software application tools designed to integrate technology into secondary curricula 399 Secondary Education - Uses of Microcomputers and Related Technologies (4 general microcomputer literacy course designed with focus on educational applications to enable secondary education students to utilize microcomputers and related technologies for career and personal goals. This course is a requirement of secondary education majors for the computer science minor. Prerequisite: 12 credits in Computer Science 464 Consultation: Technology Applications in Education (4) Approaches consultation from an organizational development and change perspective. Students will develop a basic understanding of the consulting process and technology applications. Prerequisite 396, 397, 399 and permission of instructor 490 Independent Study: Instructional Systems Technology (2 or 4) Topics differ depending on student interests. Students pursue a topic independently but with instructor guidance written proposal is prepared and must be approved by faculty sponsor. Prerequisite 396 or 397 or 399 and permission of instructor 499 Final Project in Instructional Systems Technology (4) Students, independently or in groups, formulate a project in an area of personal interest with practical application in the secondary classroom. Project proposals require instructor approval. Assistance is available upon request. Completed project must be presented at least two weeks before the end of classes in the semester of graduation. Prerequisite 399. 328 485B Education Building (248) 370-2613 Fax: (248) 370-4605 Chairperson: Dyanne M. Tracy Professors emeriti: James W. Hughes, M. Sharon Professors: Dyanne M. Tracy Associate professors: Dawn M. Pickard, Mary T. Stein, Robert A. Wiggins Assistant professors: Karen Bolak, Carolyn O\u2019Mahony, Richard Pontius Visiting instructors: Babette M. Benken, Nancy A. Melamed-Brown Special instructor: Mary F. Zeppelin Adjunct professor: Asa Hillard General Information The Department of Teacher Development and Educational Studies offers programs designed to prepare students for careers in elementary and secondary school teaching. Both programs are approved by the National Council for Accreditation of Teacher Education (NCATE) and the Michigan Department of Education. In conjunction with the Departments of Human Development and Child Studies, and Reading Language Arts, the Department of Teacher Development and Educational Studies offers programs that enable students to earn concurrently a Bachelor of Science degree from Oakland University and recommendation for a Michigan elementary provisional certificate (see Michigan Teacher Certification). The Department offers a fifth-year program that prepares students majoring in selected academic fields in the College of Arts and Sciences for recommendation for a Michigan secondary provisional certificate. Students who already hold a four-year degree from an accredited college or university, may choose to complete the Bachelor of Science degree requirements or bypass these requirements and earn certification only. Requirements for the Bachelor of Science degree with a major in elementary education Advising: 363 Education Building, (248) 370-4182 Internet: Program update and changes: Pre-elementary education Students who wish to pursue an elementary education major are admitted by the Admissions Office. Students so admitted are given pre-elementary education status. Students who hold a baccalaureate degree in another discipline also apply through the Admissions Office. Students seeking a second undergraduate degree must meet the undergraduate degree program require- ments. After admission, students meet with personnel in the Advising Office (363 Education Building, 248-370-4182 329 Elementary education candidacy Admission to elementary education candidacy is a prerequisite for some courses in the elementary education major (see course descriptions or Schedule of Classes). Students who hold pre-elementary education status must satisfy three criteria for admission to elementary education candidacy: 1. Achieve an Oakland University cumulative grade point average (GPA) of at least 2.80, including a minimum grade of 2.0 in all general education courses, and a minimum grade of 2.5 in all teaching major or minor courses. The must represent at least 24 credits with at least 6 credits taken at Oakland University. Education courses will not be considered. 2. Earn the minimum score established by the department for the Michigan Teacher Test for Certification (MTTC) Program in Basic Skills. Test bulletins are available at the Advising Office. 3. Complete the Oakland University writing proficiency requirement. To obtain candidacy in elementary education, students must present a photocopy of the Basic Skills score sheet to the Advising Office. Students retain candidacy status so long as the needed for admission to the major is maintained. Students who lose candidacy are reassigned to pre-elementary education status. Personnel in the Advising Office provide academic advice for elementary education candidates. Admission to the major Students who have elementary education candidacy status must complete 310 before applying for the major or professional program. Admission is selective; meeting the minimum requirements does not guarantee admission to the major. Minimum criteria for admission to the major are: 1. Candidacy in elementary education. 2. Completion of all general education requirements with a 2.0 minimum grade in each general education course. 3 minimum of 70 documented clock hours\u2019 experience working with children in non- custodial activities, 50 hours within the last three years and 20 hours during the calendar year prior to application. Field experience in 310 does not meet this requirement. Examples of activities and documentation forms are available on the website ( 4. 2.5 minimum grade in each course for teaching majors or minors. 5. Minimum grade of 3.0 in 310. (Previously enrolled students must take 310 at OU.) 6. Achieve an Oakland University cumulative grade point average (GPA) of at least 2.80. 7. Submission of a completed application to the Advising Office. Qualitative criteria may be required as well. Preference may be given to students who have completed a majority of their credits at Oakland University. The program seeks students who are committed to teaching in a multicultural school or district. Under-represented students are especially encouraged to apply. 330 Advising The Advising Office is located in 363 Education Building (248-370-4182). All first year and transfer students are required to attend an orientation to plan their first semester courses. During the first semester at Oakland, students should schedule an advising appoint- ment to review the program plan and degree requirements. In subsequent semesters, students should schedule advising appointments far in advance of early registration time so that the staff may adequately serve their needs. The adviser\u2019s role is to audit, assist and advise. Ultimately the student is responsible for meeting all degree and graduation requirements. Program requirements Oakland University is proud of its strong roots in the liberal arts tradition and the Elementary Education Program reflects that focus. The program is designed to provide a strong general education background paired with an exemplary education major. Admission to the major is required before beginning the professional sequence. Elementary education students plan their course work with an adviser in the Advising Office. To earn the degree, they must: 1. Complete 140 credits (generally over five years). At least 32 credits, including the last eight, must be taken at Oakland University and at least 32 credits must be at the 300-level or above. Education credits may not be older than six years upon completion of the program. Courses transferred from NCATE-accredited colleges may be approved. 2. Meet university general education requirements. 3. Complete one teaching major or two teaching minors (described below) with a minimum grade of 2.5 in each course. 4. Complete preprofessional and professional course work with a minimum grade of 2.8 in each course unless otherwise noted and a minimum grade of 2.0 in 455 (2.8 required for teaching certification). Pre-professional courses 210 (2.0 316 201 396 310 (3.0 105. Professional courses 354 420 210 215 355 331 333 302 305 470 414 5. Earn a minimum grade of 2.0 in each general education course and maintain a cumulative 2.80 GPA. 6. Be in compliance with all legal curricular requirements for Michigan certification. General education Elementary education majors must take 225 to meet the university general education requirement in mathematics. Recommended course work in other areas follows: Art 100 or any course listed in the catalog that meets the requirement. Literature: Choose one from 100, 224 or 241. Language 176 is preferred unless modern language is a teaching major or minor. Western Civilization 114 or 115. Social Science 100 or 200. Natural Science/Technology: Choose one from 104 104 300 104, or 201 International Studies 210 220 230 250 270 Some general education courses fulfill major/minor requirements. Students should consult their adviser before selecting courses. Teaching majors/minors In keeping with state requirements, one teaching major or two teaching minors selected from the following are required for certification teaching major/minor identifies subjects that a graduate is certified to teach in grades 6-8. Course work is limited to the classes listed and those on the approved list available in the advising office. Students must earn a minimum grade of 331 2.5 in each teaching major/minor course. Courses transferred from institutions that assign letter grades must have a minimum grade of B- to be accepted. (Oakland university courses taken prior to the fall 2001 semester will be accepted with a 2.0 grade.) This list may change reflecting changes in state approved major and minor programs. Language arts teaching minor (24 credits 332 176; 4 credits of literature; and 12 credits from approved electives in or THA. Language arts teaching major (36 credits) \u2014 Meet requirements of the language arts minor plus 12 additional credits selected from language arts minor electives. Mathematics teaching minor (20 credits 210, 211, 410 141 225. Students who test out of 141 must elect one additional course from approved electives in or STA. Mathematics teaching major (30 credits) \u2014 Meet requirements of the mathematics minor plus at least 10 credits from approved electives in or STA, with no more than 4 credits from CSE. Modern languages teaching minor (24 credits) \u2014 All credits must be in one language or SPN; 8 credits must be at the 300-400 level. Modern languages teaching major (36 credits) \u2014 Meet requirements of the modern languages minor plus an additional 12 credits at the 300-400 level. Integrated science teaching minor (24 credits 105; 8 credits from 110, 111, 113, 300, or 306; 4 credits from 104, 143, 157, 158, 167, 168, 300 and 4 credits from 101, 102, 115, 120, 151, 152; 4 credits from 104, 105, 106, 107. Integrated science teaching major (36 credits 105; 12 credits from 104, 110, 111, 113, 300, 301, 303, 309, 311, 313, 317, 327, 333, 341, 373 or 306; 4 credits from 104, 143, 157, 158, 167, 168, 300 and 4 credits from 101, 102, 115, 120, 151, 152 and choose 4 credits from previously listed or courses; 8 credits from 104, 105, 106, 107, 306 or 308 or 310. Social studies teaching minor (24 credits 200 and 201; 8 credits from 106, 107, 200, 210, 220, 230, 250, 270 114 and 115 100 plus any additional course. If additional elective credits are needed, they should be selected from economics, geography, history or political science. Social studies teaching major (36 credits) \u2014 Meet requirements for the social studies teaching minor plus additional approved credits in economics, geography, history or political science. Professional program Upon being admitted to the elementary education program, students are expected to maintain continuous enrollment during the fall and winter semesters in at least two (2) and no more than four (4) professional education courses. Any waiver to this policy must be approved by the Advising Office before the term for which the waiver is requested. Students must follow the required sequence of courses provided at the time of admission. Prerequisites are required for some professional education courses. See course offerings for prerequisites and corequisites. Retention in the program is based on student demonstration of the characteristics and conduct of members of the teaching profession. Students may be removed from the program upon demonstrating professional incompetence. Professional incompetence includes, but may not be limited to, deficiencies in any of the following areas: 1. Knowledge of the subject taught; 2. The ability to impart that knowledge; 3. The manner and efficacy of discipline in the elementary classroom; 4. Rapport and communication with students in the elementary classroom, as well as parents, faculty, administrators and staff; 5. Physical and mental abilities to perform the functions of a teacher. 332 Professional incompetence will be grounds for not recommending students for certification. Field placements: Participation in field placements is required during 310 and each semester during which students enroll in a professional education class. The department arranges placements that ensure a variety of experiences, including two in urban school districts: Detroit and Pontiac. Internship 455 must be taken in the final semester of the degree program. Application for the internship 455, must be made one full academic year in advance of the intended enrollment. Students must check the web page for the date of the required orientation meeting (early each semester) at which application is made. Admission criteria for the internship are: a) satisfactory grade point average and minimum required grades; b) completion of all professional education course work and field placements; and c) completion of all required course work for the teaching major and/or minors. Any student requesting placement in a middle school for student teaching must have two subject area endorsements 455 may not be repeated. Students must obtain written permission from the Advising Office to enroll in more than 12 credits during the internship semester minimum grade of 2.0 in 455 is required for graduation, a minimum grade of 2.8 for certification. Students who do not earn the minimum grade for certification can earn a B.S. without certification. Michigan teacher certification To be recommended for a provisional elementary certificate, elementary education majors must successfully complete requirements for the B.S., complete the required courses in either one major or two minor concentration areas, earn a minimum grade of 2.8 in 455, and successfully pass the elementary education portion of the state exam. To be recom- mended for content area endorsements to the elementary education certificate, students must also successfully pass the subject area tests required by the state. Successful completion of our program and internship does not guarantee certification by the State of Michigan. Furthermore, one is not a \u201cprogram completer\u201d of a teacher education program until one has accomplished both: a) all institutional academic and other requirements such as to establish eligibility for recommendation for certification, and b) taken the minimum number of state certification tests for the teaching field desired. Applicants should be aware that a conviction for a felony or for a misdemeanor involving moral turpitude of a minor may constitute grounds for denial of a certificate by the State of Michigan. Teaching Certification for Elementary Education: The Michigan Elementary Provisional Certificate is valid for teaching all subjects in grades K-5, all subjects in self-contained classrooms for grades 6-8 in which a majority of the instruction is provided by one teacher, and in teaching majors and minors in departmentalized programs for grades 6-8. Course Offerings For and course descriptions, see the Department of Human Development and Child Studies; for and courses, see the Department of Reading and Language Arts. The department offers courses from this catalog as warranted by student needs and availability of faculty. Specific offerings for each term may be found in the Schedule of Classes 300 Dynamics of Education K-12 (3) Exposes students to a beginning understanding of various social and philosophical issues of concern to classroom teachers. Examines through team research projects, individual assignments, lectures and extensive written assignments on relevant topics and issues related to elementary education. Prerequisite: Admission to post-baccalaureate elementary certification program 333 302 Teaching Mathematics at the Elementary-Middle Levels (3 or 4) Assists prospective teachers in developing sound pedagogical strategies and instructional techniques for teaching mathematics in the elementary and middle school. Includes a required field experience. Prerequisite: Admission to major 354, 420 210, 215 396 210 331, 333 105 355 303 Teaching Mathematics in the Middle School (4) Assists prospective teachers in developing sound pedagogical strategies and instruction techniques for teaching mathematics in the middle school. Prerequisite 302 304 Health Education in the Elementary-Middle Level Curriculum (1 or 2) Provides methods and techniques for incorporating health education into the regular curriculum at the elementary and middle levels in order to provide students with practical life skills necessary to develop and maintain total health and wellness. Includes study of research related to good health; including fitness, nutrition, disease control, and social-emotional factors that contribute to a healthy lifestyle. Prerequisite: Elementary education candidacy 305 Teaching Science at the Elementary-Middle Levels (3 or 4) Develops philosophies, rationale and methods for teaching elementary and middle school science. Explores knowledge and skills for planning instruction, using instructional models, integrating the curriculum, using current instructional materials and evaluating outcomes. Includes a required field experience and additional science teaching experience. Prerequisite: Admission to major 354, 420 210, 215 396 210 105 331, 333 355 310 Public Education for the Future (4) Exposes prospective elementary education majors to an overview of practical issues, theoretical foundations and professional standards. This course assists students in determining whether they possess the desire and prerequisite skills needed for pursuing teaching as a career, including interpersonal, and intrapersonal communication skills such as reading, writing, speaking and listening. Includes required field experience. Prerequisite: Elementary education candidacy 316 Educating Children in Art (2, 3 or 4) Provides students with an understanding of discipline-based art education, a knowledge of children\u2019s artistic development, and a commitment to and skills for educating children about the visual arts 325 Learning Theory, Cognitive and Affective Growth and Development (3) An overview of learning theories associated with behavioral, developmental and cognitive schools of thought. The student will examine the application of these theories as they relate to issues of teaching and learning. Prerequisite: Admission to post-baccalaureate elementary teacher certification program 354 Instructional Design and Assessment (4) Prepares prospective teachers to design instruction based on best practices including effective use of formal and informal teacher-created assessment techniques in the process of planning, implementing and evaluating instruction based on standards and benchmarks. Includes a required field experience. Prerequisite 310. Corequisite 420 420 Instructional Interaction and Classroom Management (4) Acquaints prospective teachers with the importance of human interactive skills, including sensitivity to cultural differences. Provides understanding of the flexible line separating personal and professional behavior. Examines classroom management objectives and strategies. Includes student involvement in role-playing and action-oriented problem solving. Includes a required field experience. Satisfies the university ethnic diversity requirement. Prerequisite 310. Corequisite 354 455 Internship in Elementary Education (10 or 12) Provides teaching and other appropriate activities in an area classroom with guidance by a university supervisor and a cooperating teacher. General and specific instructional concerns of interns are explored in five or more concurrent seminars. Completion of a program evaluation survey is required before a grade is reported to the registrar. May not be repeated. Prerequisite: See program requirements \u2014 internship. 334 470 Teaching Social Studies at the Elementary-Middle Levels (3 or 4) Examines instructional objectives and strategies, curriculum materials and evaluative procedures for social studies education grades K-8. Upon completion of the course, students are able to develop, defend and implement an elementary social studies program. Includes a required field experience. Prerequisite: Admission to major 354, 420 210, 215 396 210 105 331, 333 355 481 Gender Socialization in Schools (4) Provides an understanding of the role gender plays in teaching and learning, with emphasis upon socialization of girls and women in schools. Assists prospective teachers, parents and others in designing programs that reduce gender bias in our educational system. Identical with 481 490 Independent Study (1 to 4) Pursues directed individual reading and research. May include a field placement as well as development of specific teaching materials. May be repeated for a total of 4 credits. Prerequisite: Permission of department (present written consent by faculty who will supervise study 105 Science for the Elementary Teacher (3 or 4) Develops science concepts and processes based on recent elementary school curricula in the fields of earth, physical and chemical science. For elementary education majors only; includes laboratory experiences. Prerequisite: Elementary education candidacy 306 Environmental/Outdoor Education for Elementary/Middle School Levels (4) Methods, materials and sites for teaching science-related topics in an environmental/outdoor context. Topics may include terrestrial and aquatic ecology, water quality studies, bringing the outdoors indoors, and program planning. Field trips are included. With laboratory. Crosslisting with 506. Prerequisite 105 or permission of instructor 490 Independent Problems in Science Education (1 to 4) Individual work in science for educators. Credits may be applied to a major or minor in science for teachers. May be repeated for a total of 4 credits. Prerequisite: Permission of instructor. Secondary Education STEP) Advising: 363 Education Building, (248) 370-4182 Internet: Program description The School of Education and Human Services (SEHS) and the College of Arts and Sciences (CAS) offer a fifth-year secondary teacher education program (Oakland University STEP) leading to recommendation for Michigan secondary provisional teacher certification. This certification is valid for teaching content area majors and minors in grades 7-12, except music, which is valid for grades K-12. The major areas in which Oakland program participants may become certified to teach are: biology, chemistry, English, French, German, history, mathemat- ics, music, physics, Russian and Spanish. Students interested in music education need to contact the Department of Music, Theatre and Dance to learn about content-specific course and sequence requirements. After completing requirements for graduation in their major and minor teaching areas and preliminary professional education course work, students engage in year-long internship in the public schools that includes both courses and field experiences, and fulfills requirements for certification 335 Prospective applicants considering education beyond teacher certification should note that 8 credits of professional coursework can be applied directly to an M. Ed. Program offered by the Department of Teacher Development and Educational Studies. The conditions under which this is applicable, and additional information about the M.Ed. program, can be obtained by contacting the advising office. Program requirements Both Oakland undergraduates, and students who have completed undergraduate degrees from Oakland or other universities (second undergraduate degree candidates) may become eligible to enter STEP. Both groups must fulfill all Oakland requirements for a baccalau- reate degree in an approved major (listed above) prior to beginning their internship year. In addition, they must complete a teaching minor in one of the following areas: biology, chemistry, dance, economics, English, history, mathematics, modern languages, physics, political science or sociology. For details on specific major and minor course requirements, consult the applicable College of Arts and Sciences departmental listings in this catalog. The program also requires 36 credits of professional education coursework. Program coursework includes courses which are taken prior to the start of the internship year, and which may be taken while students are completing their other degree requirements. Courses to be taken prior to the internship year 300 Introduction to Secondary Education (includes a 50 hour field assignment in the major in addition to course time. Must be completed no less than 1 semester before application to STEP). 4 345 Educational Psychology for Secondary Teachers (includes a 30 hour field assignment in the minor in addition to course time) 4 538 Teaching Reading in the Content Areas 4 427 or Methods of Teaching Secondary Students 426 or Teaching in Your Minor Field: Mathematics 398 Approaches to Teaching Literature and Composition 4 Internship year courses include 501 Introduction to Student with Special Needs 4 428 Teaching of the Major Field 4 455 Field Component 12 Undergraduates who will be receiving their degrees from Oakland may choose to graduate either before or after their internship year. Undergraduates who receive financial aid, particularly, will want to weigh the costs and benefits of graduation options. Second undergraduate degree candidates completing majors and or minors may be required to complete additional coursework at Oakland and to satisfy residency requirements. Students should consult with the advisers in their content areas to plan degree completion. Program sequence Undergraduates and second undergraduate degree candidates will typically take the educa- tion courses in the following sequence: Junior year, fall or winter semester 300 Senior year, winter semester 345 427 426, or 398 (dependent upon your minor area of concentration); and 538 Internship (fall and winter semesters 428-fall 501-fall 455-fall and winter 300 must be completed at least one semester before application for admission. Students must document passing all areas of the basic skills test as a part of the admission process. 336 Students must pass a required competency exam in the area of technology prior to admittance, or will be required to take a technology course to achieve these competencies. All major and minor coursework, as well as all professional coursework except 455 428 and 501, must be satisfactorily completed before the internship begins. Field experiences 300 345 taken with 427 426 or 398; and 455 require field experiences in the public schools, which must be arranged through the coordinator of field placement services (248-370-3060). Prior or current full- or part-time teaching will not satisfy this requirement 300 requires 50 hours of field experience to be completed during the semester in which a student is enrolled 345 and 427 426 or 398, requires 30 hours of field experience to be completed during the semester in which a student is enrolled. Sustained experience in diverse settings is required. Students will have experiences in classrooms of their major and minor areas of certification 455 requires daily attendance in the field during the entire internship year, including half day participation at school for August through December, and full day participation at school for January through April. Applicant eligibility Eligibility to apply to the requires: 1. Completion of 300 with a minimum grade of 3.0. This course must be taken at least one semester prior to the semester of application to the program. Student must have documented successful completion of the 50 hour field requirement. 2. Minimum GPAs of 3.00 in both liberal arts major and minor. 3 minimum overall of 2.80. 4 minimum grade of 3.0 in Rhetoric 160 (or an equivalent course as determined by the major adviser). 5. Passing scores on each of the three Basic Skills Test components of the Michigan Test for Teacher Certification (MTTC). Program admission The process of admission is designed to identify and to select a number of well-qualified applicants who demonstrate high potential for success in the teaching profession. This number is determined by the capacity of the university to provide quality teacher preparation within its resources. Currently, a maximum of 60 applicants will be accepted per year with consideration given to an equitable distribution across major subject areas. Factors considered in the applicant selection process include GPAs, written responses to a set of application questions, field evaluations, and letters of recommendation. Additional information or an interview may be requested to provide a more complete application profile. Second undergraduate degree applicants should note that admission to the and to the university involve separate processes and should contact the undergraduate admissions office for information about admission to Oakland. Internship and certification To progress into the internship year, students admitted to the must maintain a minimum of 3.00 in their education coursework and in their major and minor coursework. In addition, no single education course grade may be below 2.8 and no major or minor course below 2.0. The program status of a student whose grades or fall below these levels will be placed on hold until deficiencies are remedied. Students must pass the subject area test for each major and minor in which they plan to be certified. The state requires one major and one minor for certification. Successful 337 completion of both of these tests must be documented by August 15, prior to the beginning of the internship. In addition, students must receive a minimum grade of 2.8 in 455 to be eligible for recommendation for certification. Application deadline Applications to the are considered once per year. The deadline is October 1 of the year preceding the intended internship year. Applications received after that date, or incomplete applications, will not be considered. Application packets are available on the secondary education web site. Course Offerings The department offers selected courses from this catalog as warranted by student needs and availability of faculty. Specific offerings for each term may be found in the Schedule of Classes. Descriptions of courses designated and appear under the Department of Human Development and Child Studies courses appear under the Department of Reading and Language Arts. Courses above the 400 level are described in the graduate catalog 300 Introduction to Secondary Education (4) Introduces secondary teaching as a profession and career, exploring topics and issues in secondary education. Field requirement of 50 clock hours of observation and experience in local secondary classrooms during the semester in addition to course meeting time 426 Teaching in Your Minor Field: Mathematics (4) Emphasizes the development of mathematics teaching strategies and human interaction techniques unique to secondary students. Topics include: discipline, motivation, instructional technology, skill assessment, evalua- tion, writing and reading across the curriculum, and affective learning. Those with math as a minor will take 426. Those with English as a minor will take 398, and all other minors will take 427. Prerequisite: Admission to secondary education. Minor field- mathematics only 427 Methods of Teaching Secondary Students (4) Emphasizes the development of teaching strategies and human interaction techniques unique to secondary students. Topics include: discipline, motivation, instructional technology, skill assessment, evaluation, writing and reading across the curriculum, and affective learning. Prerequisite: Admission to secondary education. Minor field- must not be math or English 428 Teaching of the Major Field (4) Develops specific knowledge, competencies and skills required for effective teaching in the student\u2019s major field. Prerequisite: Admission to secondary education and internship placement 429 Teaching Mathematics in the Middle School (4) Assists prospective teachers in developing sound pedagogical strategies and instructional techniques for teaching mathematics in the middle school. Prerequisite 428 455 Internship in Secondary Education (12) Provides an academic year internship in an assigned school district under the guidance of a clinical instructor and university instructor. Enrollment for a total of 12 credits is required for completion of the internship. Prerequisite: Admission to the internship 490 Independent Study in Secondary Education (1 to 4) Pursues directed individual reading, research and fieldwork in secondary education. May be repeated for a total of 4 credits. Prerequisite: Permission of department (or written consent by faculty who will supervise study). 338 248 (248) 370-2212 Fax: (248) 370-4261 Dean: Pieter A. Frick Office of the Dean: Bhushan L. Bhatt, associate dean; James L. Hargett, assistant to the dean; Patrick Bennett, academic adviser/program coordinator; Carmen Etienne, academic advisor; Jerry Felzien, director of development; Paul Hitch, engineering cooperative education coordinator Advisory Board The Advisory Board for the School of Engineering and Computer Science is composed of leaders in industry. They assist the school in developing educational and research programs to meet the rapidly expanding requirements in the technical world. The board is available as a body or individually for consultation on such matters as curriculum, research, facilities, equipment requirements, special subjects and long-range planning. Board members are: Robert T. Lentz, Ph.D., Chairperson, Advisory Board; Director, Advanced Programs, General Dynamics Land Systems Division William G. Agnew, Ph.D., Retired Director, General Motors Research Labs Hadi A. Akeel, Ph.D., Former Senior Vice President and Chief Engineer Robotics Corporation Jerry R. Blevins, Division Manager, Engineering, Eaton Actuators and Sensors Samuel L. Cole, III, Chief Engineer, Chassis Engineering, Lincoln Mercury Product Development Juan De La Riva, Senior Vice President, Arvin Meritor, Inc. Herbert H. Dobbs, Ph.D., Consultant, Rochester, Michigan Walter E. Fairbanks, Corporate Vice President (Retired) and Member of Board, Cubic Corporation Grant R. Gerhart, Ph.D., Senior Research Scientist, U.S. Army Tank-Automotive Center (TARDEC) Philip M. Headley, Chief Engineer, Brake Systems, Continental Teves Sidney D. Jeffe, Retired, Chrysler Corporation Anna Kretz, Vehicle Line Executive Truck Products, General Motors Corporation Joseph D. Long, Chief Engineer, Door Systems, Delphi Interior Systems Thomas P. Mathues, Vice President of Engineering, Advanced Technology Group Automotive Systems, Inc. Ron A. May, Vice President, Energy Delivery and Service Energy William T. Mihalic, Vice President, Alliance Development, Collins & Aikman Bernard I. Robertson, Senior Vice President, Engineering Technologies, General Manager Truck Operations, DaimlerChrysler Corporation Gary W. Rogers, President and Engine Technology, Inc. Stephan Sharf, President Jeffery Van Dorn, Director Engineering Services (Retired), Compuware Corporation Thomas H. Vos, Director of Applied Technology Vehicle Safety Systems, Inc 339 Mission The overall mission of the School of Engineering and Computer Science is threefold: \u2022 to provide high-quality undergraduate and graduate programs of instruction in engineering and computer science to prepare graduates for careers in the coming decades, \u2022 to advance knowledge through basic and applied research in relevant branches of engineer- ing and computer science, and \u2022 to provide service to both the engineering profession and public of the State of Michigan. In carrying out its mission the School will address the needs of the automotive and related industries in southeast Michigan for the: \u2022 education of engineers and computer scientists, \u2022 development of research programs and \u2022 fulfillment of the demands for professional service. General Information Accreditation The undergraduate programs in computer, electrical, mechanical, manufacturing engineer- ing option in mechanical, and systems engineering are accredited by the Engineering Accreditation Commission of the Accreditation Board for Engineering and Technology (ABET). The computer science program is accredited by the Computer Science Accreditation Commission of the Computing Sciences Accreditation Board (CSAB). Undergraduate programs The School of Engineering and Computer Science offers instruction leading to the degrees of Bachelor of Science in Engineering, with majors in computer, electrical, mechanical and systems engineering, and Bachelor of Science, with a major in computer science. In addition, programs leading to the Bachelor of Science degree in engineering chemistry and engineering physics are offered jointly with the College of Arts and Sciences. Through its engineering programs, the School of Engineering and Computer Science prepares students for careers in an industrial-based society. Recognizing that today\u2019s engineers must be able to solve complex, highly focused problems, as well as those transcending narrow fields of specialization, the School of Engineering and Computer Science blends an interdisci- plinary core with specialized study in the elected major for each program. Oakland University engineering graduates are prepared to enter the traditional fields of government, product design, development, manufacturing, sales, service and systems analysis \u2014 as well as specialized areas, such as robotics, transportation, pollution control, energy systems, computer engineering, communications, medical electronics and automotive engi- neering. They are also prepared to pursue graduate study for careers in research and teaching growing number of students find their undergraduate engineering education is excellent preparation for careers in business, law and medicine. 340 The baccalaureate program in computer science provides a solid foundation for a career in that field. Since both the engineering and computer science programs are offered within the school, computer science majors are exposed to the hardware as well as the software aspects of the profession. Thus, students in the computer science program prepare themselves for careers in the traditional fields of systems programming, data processing and systems analysis, as well as in such interdisciplinary fields as artificial intelligence, robotics, computer architecture, computer graphics, pattern recognition and scientific computation. By selecting appropriate concentrations and minors, students can combine their studies in engineering and/or computer science with advanced preparation in a number of related fields. The School of Engineering and Computer Science also offers minors in computer science and in computing for nonmajors. Professional societies The school has a number of professional societies such as the Association of Computing Machinery (ACM), Association of Unmanned Vehicle Systems (AUVS), American Society of Mechanical Engineers (ASME), Institute of Electrical and Electronics Engineers (IEEE), Society of Automotive Engineers (SAE), Society of Manufacturing Engineers (SME), Society of Women Engineers (SWE), National Society of Black Engineers (NSBE), National Society of Professional Engineers (NSPE), Theta Tau fraternity and honor societies Eta Kappa Nu and Tau Beta Pi. Students are encouraged to become active members of one or more of these organizations. Graduate programs The School of Engineering and Computer Science offers programs leading to the Master of Science degree in computer science and engineering, electrical and computer engineering, embedded systems, information systems engineering, mechanical engineering, software engineer- ing, systems engineering, and the Doctor of Philosophy degrees in mechanical engineering and systems engineering. The latter involves a blending of various disciplines. The school also offers a Master of Science degree in engineering management in cooperation with the School of Business Administration. For more information, see the Oakland University Graduate Catalog. Centers Center for Robotics and Advanced Automation The School of Engineering and Computer Science has a Center for Robotics and Advanced Automation. The main goals of the center are to contribute to the demand for high technology and industrial productivity in the United States. Product Development and Manufacturing Center Global competition in manufacturing mandates continual improvement in technology, business processes, and employee capabilities. The manufacturing enterprise must also consider interdependencies between these three factors when affecting change. In recognition of this dynamic, the Product Development and Manufacturing Center at Oakland University focuses on improving the competitiveness of the automotive industry and its suppliers through application of new and existing technology, modified business practices and new educational and training paradigms 341 Admission High school preparation Entering freshmen planning to major in engineering or computer science should have taken at least four years of high school mathematics, including trigonometry solid background in English composition is essential for all majors. Additional preparation should include course work in chemistry and physics. Drafting, machine shop practice, computer programming and electronics shop courses are useful, but are not required for admission. Normally, a 3.00 (B) grade point average is required for admission to programs in the School of Engineering and Computer Science. Transfer policy The programs offered by the School of Engineering and Computer Science are designed to meet accreditation criteria, as well as to reflect the Oakland University philosophy of education. The programs are more than an assemblage of courses; they are designed to blend theory and experiment, and to integrate fundamental mathematical and scientific background into advanced analysis and design work. To ensure the integrity of its programs, the School of Engineering and Computer Science has adopted the following transfer policy: Records of students transferring to Oakland University from other academic institutions are evaluated and transfer credit is granted as appropriate. Once matriculated at Oakland, students are expected to complete all remaining course work for the degree at Oakland University. Students who plan to take courses at other universities must have prior written consent of the chair of their major department. Students may transfer applicable community college credits at any time during their course of study. However, at least one-half of the credits required for completion of a specific baccalaureate degree program must be from regionally accredited four-year institutions, with at least 32 credits earned at Oakland University. Students planning to transfer into one of the engineering programs should present the following: four semester courses in analytic geometry and calculus, including linear algebra and differential equations; two semester courses in introductory college physics using calculus; and one or two semester courses in chemistry. Other credits in mathematics, science or engineering will be evaluated with reference to engineering graduation requirements. Technician course credits generally do not apply to these requirements. Community college students who plan to transfer into an engineering program are advised to follow the transfer program prescribed by the Michigan Engineering College/Community College Liaison Committee. Brochures describing the program are available from community colleges or the School of Engineering and Computer Science. Students planning to transfer from Macomb Community College (MCC) under the two-plus-two program must meet specific requirements that are available in detail from the Admissions Office at or Advising Office at Oakland University. Community college students who satisfy the agreement generally need only 8 additional credits to satisfy Oakland University\u2019s general education requirements. Students planning to transfer into the computer science program should complete one year of course work in calculus, one course in linear algebra, one course in discrete mathematics if possible and two semester courses in introductory college physics using calculus course in programming in a high-level language is desirable. Whenever possible, further course work in computer science should be planned with an Oakland University adviser to ensure compatibility with university requirements. Transfer students from non-ABET-accredited foreign institutions must complete a mini- mum of 20 credits in their major program of study (professional subjects) at Oakland University including the capstone design course. All of the courses presented for transfer from such programs must receive approval of the specific Departmental Undergraduate Affairs Commit- tee, before student receives official transfer credit. See Transfer student information for additional information. 342 Internal transfer Oakland University students wishing to transfer into programs in the School of Engineering and Computer Science from other majors or from undecided status will be considered upon the completion of the following courses 154, 155 151 and 152 strong performance in all of the courses taken at Oakland University, especially in the above listed four courses in calculus and physics, is required for internal transfer. Academic Advising and Plans of Study The programs of study for all entering freshmen are focused toward acquiring math, science, writing and programming skills and thus follow a more or less uniform pattern. One of the early courses taken by engineering students is 101, \u2018\u2018Introduction to Engineering.\u2019\u2019 This course is taught by faculty from all the departments of the school, thereby providing a perspective of their specialty areas and increasing students\u2019 awareness of the engineering profession. Students are encouraged to meet with the faculty and seek further clarification or professional advice. Upon acquiring major standing (see below), students are assigned to a faculty adviser. It is mandatory for the students to consult their faculty advisers to plan a meaningful program of professional study in their major immediately after major standing has been granted. In order to further facilitate the student-faculty interaction, one week of each term is designated as \u2018\u2018Advising Week.\u2019\u2019 This is normally the week before early registration during the fall and winter semesters. Failure to meet with his/her adviser, at least once during each fall and winter semester, will result in cancellation of the student\u2019s registration for the succeeding semester. In consultation with the faculty advisers, students should ensure that they satisfy all of the requirements of their programs of study. The school\u2019s academic advising office oversees specific program requirements. Students who have questions about transfer credit, academic standing, major standing, petitions or the details of degree requirements should consult the academic adviser in 159A Dodge Hall. Students of the School of Engineering and Computer Science must complete a Plan of Study form, which is a timetable of courses to be taken for undergraduate credit. They should complete the form as early as possible, but no later than the end of the semester in which they complete 48 credits. Transfer students should submit the form when they enter Oakland University, regardless of the number of credits they have already earned. Students are responsible for updating their plans regularly, preferably each semester. Although advisers are obligated to help students plan their programs, the responsibility for fulfilling degree requirements remains with students. Degree Requirements General requirements for the baccalaureate degrees The following general requirements must be met by students seeking a bachelor\u2019s degree in computer engineering, electrical engineering, mechanical engineering, systems engineering, engineering chemistry, engineering physics or computer science: 1. Complete at least 128 credits for all programs. At least 32 credits must be in courses at the 300 level or above. 2. Complete at least 32 credits at Oakland University. (Refer to the transfer policy of the School of Engineering and Computer Science for further clarification.) The credits taken at Oakland must include the following for students majoring in: Computer, electrical, mechanical or systems engineering: at least 24 credits in engineering core or professional subjects required for the major 343 Engineering chemistry and engineering physics: at least 16 credits in required engineering courses, and 16 credits in chemistry or physics courses required for the major; Computer science: at least 24 credits in computer science courses required for the major. 3. Take the last 8 credits needed to complete baccalaureate requirements at Oakland University. 4. Demonstrate writing proficiency by meeting the university standard in English compo- sition (see Undergraduate degree requirements). 5. Fulfill the university general education requirement (see below and Undergraduate degree requirements). 6. Fulfill the university ethnic diversity requirement. 7. Be admitted to major standing in the major of the student\u2019s choice. 8. Complete the requirements specified for the elected major. 9. Earn a cumulative grade point average of at least 2.00 in courses taken at Oakland University. 10. Complete an Application for Degree at the Office of the Registrar and pay the graduation service fee. General education All Oakland University students must take a series of courses distributed across eight field groups for broad exposure to a liberal arts education. Engineering and computer science students automatically satisfy two of these groups (natural science and technology; mathematics, logic and computer science) by virtue of required courses. In addition to satisfying the remaining six groups, engineering and computer science students must arrange to acquire depth in a particular area of general education study. The requirements may be satisfied by selecting one of the course sequences listed below and choosing the remaining courses from the field groups not repre- sented. American history and literature 114 and 224 (Western civilization and literature) Asian arts and civilization 104 and 210 or 220 or 240 or 270 (arts and international studies) Asian literature and civilization 100 and 210 (or 220 or 240) (literature and international studies) Chinese civilization and its Communist transformation 210 and 377 (international studies and Western civilization) Classical mythology and philosophy 312 and 204 (literature and Western civilization) Comparative politics 131 and 377 (Western civilization and social science) Culture and society through film 150 and 307 (arts and social science) Culture, science and technology 102 or 300 and 210 (social science and Western civilization) Ethnic literature and history of African-Americans 112 and 292 (literature and Western civilization) 344 European history and literature 101 or 102 and 241 101 and 181 102 and 182 (Western civilization and literature) Language and civilization 114 114 114 114 114 or 114 and the corresponding course (250, 260, 260, 210, 220 or 240) (language and international studies) Macro-economics in the context of American history 115 and 200 (or 210) (Western civilization and social science) Russian civilization and its Communist transformation 260 and 377 (international studies and Western civilization) Self and society in American history 114 or 115 and 206 (Western civilization and social science) Theatre and dramatic expression 100 or 301 or 302 and 306 (arts and literature) Oakland University also requires that students take at least one course that satisfies the ethnic diversity requirement (see Academic Policies and Procedures section of this catalog listing of such courses is also available in the advising office (159A Dodge Hall). Students may select a course that fulfills both a general education category requirement and the ethnic diversity requirement. Suggested sequence for the freshman year Following is an example of a suggested sequence of courses for freshmen entering the School of Engineering and Computer Science with the necessary preparation in mathematics. Engineering majors \u2014 First semester 101 154 143 141, rhetoric or general education course. Second semester 171 155 151, general education course. Computer science majors \u2014 First semester 141 154, rhetoric, general education course. Second semester 171 155 151, general education course. Computer science majors are encouraged to take the 1-credit course 101 as a free elective. Scheduling for subsequent years depends on students\u2019 selected majors or minors, but should be tailored to meet the requirements for admission to major standing promptly. For sample schedules, refer to the department listings in this catalog or to the student handbook of the School of Engineering and Computer Science. Students who are not prepared to enter the mathematics and science courses without additional preparation in these subject areas must modify their schedules accordingly. Such students may require additional time to complete degree requirements, unless they make up the deficiencies by enrolling during the spring and summer sessions following the freshman year. Major standing To enroll in 300- or 400-level courses and to become candidates for the baccalaureate degree, students of the School of Engineering and Computer Science must gain major standing in their selected majors. An application for major standing should be submitted during the semester in which students complete all requirements for major standing. Students lacking major standing may enroll in 300- or 400-level engineering or computer science courses only by presenting at registration an approval form signed by either the academic adviser or the chair of the major department. The purpose of this process is to ensure that students can correct and are working to correct outstanding deficiencies preventing admission to major standing. Forms may be obtained in the advising office (159A Dodge Hall). To gain major standing requires writing proficiency and satisfactory completion of course work in mathematics, science and the major, as designated below 345 Computer science and computer engineering Mathematics 154-155, 256 (for majors 257 (for majors 263. Science 151, 152. Major 101 (for computer engineering majors only 141, 171, 230. Electrical engineering and systems engineering Mathematics 154-155, 256 257. Science 143 151, 152. Major 101 141, 171 222 221. Mechanical engineering Mathematics 154-155, 254 and 257. Science 143 151, 152. Major 101 141, 171 221 222. Engineering physics Mathematics 154-155, 254, and 257. Science 143 151, 152, 158. Major 141, 171 222. Engineering chemistry Mathematics 154-155, 254 257. Science 157-158 or 164-165; 147-148. Major 101 141, 171 221. To complete the requirements for major standing satisfactorily a student must a) have an average of at least 2.00 in each of the mathematics, science and major course groupings; b) have no more than two grades below 2.0 in the required courses; c) not have repeated any course more than twice; and d) not have repeated more than three different courses. Courses in which a (withdrawal) grade is recorded will not be counted. Transfer students may satisfy the requirements for major standing by using transfer credits. Course load Students should strike a balance between course load and other commitments. In general, students carrying a full load of 16 credits per semester should not be employed for more than 10 to 20 hours per week. Students who are employed 40 hours per week generally should not carry a course load of more than 4 credits per semester. The university\u2019s maximum course load policy is detailed in the Academic Policies and Procedures section (see Course and credit system). Graduation check To ensure that students have met all requirements, they must participate in a final program audit during the semester preceding the one in which they expect to graduate. Application should be made in the advising office, 159A Dodge Hall. Cooperative education General information Students in the School of Engineering and Computer Science who want to combine relevant work experience with their college education are encouraged to participate in the university\u2019s cooperative education program. Co-op employment provides practical training related to a student\u2019s field of study and forms an integral part of the educational program. It enables students to relate their academic studies with practical applications, and it gives them early contact with practitioners in their fields. Beginning in the junior year, co-op students alternate four-month semesters of full-time study with equal periods of paid, full-time employment in business, industry or government. The program coordinator and the employer work together to ensure that the practical training becomes progressively more challenging and carries increasing responsibility as students advance through the curriculum. 346 Requirements of the cooperative education program Students interested in the cooperative education program in engineering or computer science should apply through the office of the cooperative education coordinator (366 Vandenberg Hall, 370-3213). To be admitted, students must: 1. Be granted major standing in engineering or computer science (see above), or file an approved plan for achieving major standing, signed by the chair of the major department. In addition, engineering students must have completed the mathematics sequence appropriate to their major. 2. Normally, have a cumulative grade point average of at least 2.80. 3. Have the approval of the academic adviser, the cooperative education coordinator for the school and the employer. Transfer students must have completed at least one semester of full-time study at Oakland University before acceptance into the program. To remain in good standing in the cooperative education program, students must: 1. Complete alternate semesters of full-time study and full-time work. 2. Complete at least 12 credits of work appropriate to their elected major during each semester of study, maintaining a cumulative grade point average of at least 2.80. 3. Complete 391 during the semester following each co-op assignment. 4. Submit a satisfactory training report (as part of the requirements for 391) within four weeks of the beginning of the semester following each co-op assignment. 5. Receive a satisfactory employer evaluation for each assignment. The grade assigned in 391 will give added weight to the employer\u2019s evaluation, the student\u2019s written training report, a progress interview with the coordinator and the student\u2019s participation in regularly scheduled classes. Students who do not meet the conditions for good standing will be subject to dismissal from the co-op program. The co-op program is administered by the Department of Placement and Career Services. Double Major To earn two majors in engineering or in engineering and computer science, students must complete all requirements of both programs. Further, in addition to the credit hours needed for one major, the student must complete a minimum of 12 credit hours in pertinent technical courses applicable to the second major. Students seeking two degrees should consult the university\u2019s requirements (see Additional undergraduate degrees and majors). Policies on Electives Free electives ineligible for credit toward the degree Students entering the School of Engineering and Computer Science are expected to have adequate preparation for the required introductory courses in mathematics, physics and chemistry. Courses in these areas that are more elementary than 154 151 and 143 may not be presented for credit toward a degree in engineering and computer science. Also courses below 141 may not be presented for degrees in computer engineering and computer science. The following math/science courses and their equivalents are not recognized for credit toward the degree 011, 012, 100, 118, 121-122, 141 101, 102 101, 104 and 300 347 New courses in mathematics, physics or chemistry that may be introduced in the future will be added to the list if the content warrants current list of disallowed courses is maintained in the office of the academic adviser, 159A Dodge Hall, and is available for inspection. Minors and Concentrations Students who wish to add a minor or concentration or otherwise participate in an interdepartmental program must apply for admission and assistance in planning a program. Application may be made to the coordinator of the appropriate program committee or department involved. Described below are the requirements for minors and concentrations that have been approved for engineering and computer science majors. Students planning medical, dental or optometry careers are advised to take the concentration in preprofessional studies in medicine, dentistry and optometry (see Other Academic Options in the Arts and Sciences portion of the catalog). Accounting Coordinator: Gadis Dillon For computer science majors, a minimum of 20 credits. To obtain a minor in accounting, students must complete the following courses with a grade of at least 2.0 in each course 200, 210 and 12 additional credits in accounting (ACC) courses for which students have the prerequisites. Applied mathematics Coordinator: Jerrold W. Grossman For engineering and computer science majors, a minimum of 22 credits. To obtain a minor in applied mathematics, students must complete the following courses with a grade of 2.0 or better in each 254, 256, 302, either 351 or 475 226 (or another statistics course approved by the coordinator); and one course chosen from among 257, 263, or any 3- or 4-credit 300-400 level courses labeled or STA, except 407 and 497. Students should consult an adviser in the Department of Mathematics and Statistics when planning their programs. Applied statistics Coordinator: Robert H. Kushler For engineering and computer science majors, a minimum of 16 credits. To obtain a concentration in applied statistics, students must complete at least 16 credits in statistics with an average grade of at least 2.0. Courses must include 226 or another approved introductory course 322, 323 and 324. Students should consult an adviser in the Department of Mathematics and Statistics when planning their programs. Biology Coordinator: John Cowlishaw For computer science majors, a minimum of 20 credits. To obtain a liberal arts minor in biology, students must take a minimum of 20 credits in biology, including 111, 113 and 116. At least 8 credits must be in courses numbered 301 or higher minimum of 8 credits must be taken at Oakland University. 348 Chemistry Coordinator: Michael D. Sevilla For computer science majors, a minimum of 26 credits. To obtain a liberal arts minor in chemistry, students must take 157-158 (or 167-168), 234-235, 325 and 342. This minor is also available for engineering majors, requiring a minimum of 24 credits. Engineering majors must complete the following courses with an average grade of 2.0 or better 157- 158 (or 167-168), 325, 342, 470 and 471 minimum of 8 credits must be taken at Oakland University. Economics Coordinator: Ronald L. Tracy For engineering and computer science majors, a minimum of 18-20 credits. To obtain a minor in economics (offered by the School of Business Administration), students must complete the following courses with a grade of at least 2.0 in each course 200 and 201 or 210 and any prerequisites for these courses. The remainder of the 18-20 credit requirements can be fulfilled with any other 300- or 400- level economics (ECN) courses. This minor is open to all students except economics majors. Environmental Studies Coordinator: Paul Tomboulian For engineering majors, a minimum of 24 credits. To obtain a concentration in environmen- tal studies, students must complete the following courses: a 234 308 and 407; b) 8 credits of electives chosen from 310, 412, 413 373 and 301; and c) 4 credits of 490 or 494 on an approved environmental engineering topic. Finance Coordinator: Matt Blasko For computer science majors, a minimum of 23 credits. To obtain a minor in finance, students must complete the following courses and any prerequisites required 200 240 and 340 (or QMM250 322 and 9 additional credits in finance (FIN) courses grade of at least 2.0 in each course is required. General business Coordinator: A.J. Cataldo For engineering and computer science majors, a minimum of 19-23 credits. To obtain a minor in general business, students must complete the following courses with a grade of at least 2.0 in each course 210 or both 200 (or 150) and 201 200 330, and 6-8 additional credits chosen from 300- or 400-level courses in or for which students have met the prerequisites. International orientation for engineering/computer science students Coordinator: Bhushan L. Bhatt In view of the ever-increasing globalization of industry, students in engineering and computer science need to be aware of their international opportunities and also to develop an intellectual background that enhances their ability to respond to professional challenges in the global environment 349 To obtain a minor in international orientation for engineering/computer science students, students must complete the following courses with a grade of at least 2.0 in each course: Introductory course (4 credits 210, 220, 230, 240, 250, 260 102, 341 Foreign language consistent with the introductory course (8 credits 200 or 210 (4-6 credits) One advanced course (4 credits) from 314 or 373 496 (4 credits), which requires eight weeks of study/work abroad. Some of the courses listed above also satisfy general education requirements. This minor does not satisfy the approved minor requirements for the computer science program. Linguistics Coordinator: Peter J. Binkert For computer science majors, a minimum of 20 credits. To obtain a liberal arts minor in linguistics, students must complete the following courses with an average grade of at least 2.0 201, 303, 304 and either 403 or 404. At least 4 credits from 300-400 level or courses. Management information systems Coordinator: Srinarayan Sharma The minor in management information systems consists of the following 18 credits and any prerequisites for these courses 125 or 200 130 or 141 or 220 300, 304 and 316. Physics Coordinator: Ken Elder For computer science majors, a minimum of 20 credits. To obtain a liberal arts minor in physics, students must complete the following courses with an average grade of at least 2.0 101-102 or 151-152, 158 and at least 8 credits in physics courses numbered 300 or above. Production and operations management Coordinator: T.J. Wharton The minor in production and operations management consists of a minimum of 20 credits, described as follows, and any prerequisites for these courses 200 or 125 or 130 or 141 240 and 340 (or 250), or 226 343; and any two courses chosen from 441, 445, 448, 480 and 452. Quantitative methods Coordinator: David P. Doane For computer science majors, a minimum of 19 credits. To obtain a minor in quantitative methods, students must complete the following courses with a grade of at least 2.0 in each course 130 or 141 240 and 340 (or 250), or 226; three courses chosen from 405 444 448 440 or 452 323 and 324. 350 Additional Information Prerequisite courses In planning their schedules, students should ensure that they satisfy prerequisite and corequisite conditions for courses, as listed under \u201cCourse Offerings.\u201d Students will have their registrations cancelled if they register for courses for which they do not meet the conditions. Students will be liable for any financial penalties incurred by such cancellation. Project and independent study courses Project and independent study courses numbered 490 and 494 are available to provide enrichment opportunities to qualified students. They are not intended as substitutes for regular course offerings; rather, they allow students to investigate areas of interest outside the scope of regular courses, examine subjects more deeply than can be accommodated in regular courses, or gain educational experiences beyond that of regular course work. To register for a project or independent study course, students must first submit a plan of work to the faculty member who will supervise the course. The plan must be approved in writing by the faculty member and the chair of the major department before students may register for the course. Application forms are available in the advising office (159A DHE). Petitions Waivers of specific academic requirements may be initiated by submitting a petition of exception (see Petition of exception). Students seeking a review of their academic standing within the school or students who wish to make a formal complaint should submit a written petition to the chair of their major department or to the associate dean. Petitions will be processed according to established university procedures. Academic conduct Students are expected to abide by the principles of truth and honesty, which are essential to fair grading. Academic misconduct in any form is not permitted. Students who are found guilty of academic misconduct as determined by the university Academic Conduct Committee, in any course offered by the school, may be subject to penalties, among which are a reduced grade for the assignment, a grade of 0.0 for the entire course, academic probation, or suspension or dismissal from the university. All assignments must be the independent work of each student, unless the professor of the course gives explicit permission relaxing this requirement. See the Academic Conduct Policy section of the catalog for more detailed information. Academic standing The performance of students in the School of Engineering and Computer Science will be reviewed at the end of each semester to determine academic progress. Good academic standing in the school requires a cumulative grade point average of at least 2.00 in: a) courses required for the major; b) cognate courses in mathematics and science; and c) all courses taken at Oakland University. Students whose cumulative grade point averages fall below 2.00 in one or more of the three categories will be placed on provisional status. While on provisional status, students must have their programs of study approved by the chair of their major department. Students who fail to remove provisional conditions after one semester are generally ineligible to continue their programs. However, provisional status may be continued if students are judged to be making substantial progress toward correcting the deficiency. (For part-time students, 12 consecutive credits of course work will be considered equivalent to one semester 351 Students on provisional status may not serve on committees of the School of Engineer- ing and Computer Science. Students who become ineligible to continue enrollment in the School of Engineering and Computer Science may transfer to another school or college within the university subject to their requirements. The above rules were established by the undergraduate curriculum committee of the School of Engineering and Computer Science. Students wishing to appeal a ruling on their academic status must address a written petition to the School\u2019s committee on academic standing. Petitions may be submitted to the academic adviser or the associate dean. Unsatisfactory performance Unsatisfactory (U) grades and grades less than 2.0 are considered substandard student within the School of Engineering and Computer Science who repeats a course in which a grade below 2.0 has been earned must repeat that course at Oakland University. Courses in which a grade below 2.0 has been earned may not be subsequently passed by competency examination or independent study. See Repeating courses for additional information. Honors, awards and scholarships The School of Engineering and Computer Science may in its discretion confer departmental honors on students who have completed a minimum of 62 credits in the School and demonstrated a high level of scholarly accomplishment by achieving a of 3.50 in courses. Each year the faculty select graduating seniors to receive four special awards: Exceptional Achievement, Academic Achievement, Professional Development, and Service. Details are described in the undergraduate student handbook. In addition to scholarships available to all Oakland University students, those following are available specifically to students: DeVlieg Foundation Scholarships: Awarded annually to both undergraduates and graduate students by the Department of Mechanical Engineering, these scholarships are merit based in amounts ranging from $1,000 to $5,000 Industries Scholarship: Four scholarships of $5,000 each are awarded to underrepresented students majoring in engineering or computer science. Scholastic achievement and involvement in the university community are considered in the selection of recipients Scholarship $1,000 scholarship is awarded annually to a student in the SECS. Application is filled with the Michigan Society of Professional Engineers International Corporation Scholarship: This endowed scholarship of $2,000 is awarded to a full-time graduate or undergraduate student whose is a minimum of 3.20 and who has demonstrated professionalism, the ability to collaborate with others and a potential to contribute to the quality of academic and student life. Oakland University Engineering Scholarship: Awarded to entering engineering or computer science students based upon a minimum high school of 3.50 and scores on a standardized test, these scholarships may be renewed for a total of eight semesters to recipients who maintain a 3.00 and continue to major in engineering or computer science Engineering Scholarship: This $1,000 scholarship is awarded annually to an entering freshman with high academic credentials and involvement in extra curricular or community activities. Application is filed with the Society of Automotive Engineers. Thomas A. Yatooma Memorial Scholarship: Provided by the Alumni Affiliate, up to four $1,000 scholarships are awarded annually to engineering or computer science majors. Applications are available in February from the advising office and the alumni office. 352 168 (248) 370-2200 Chairperson: Ishwar K. Sethi Professor emeriti: David E. Boddy, Glenn A. Jackson, Thomas G. Windeknecht Professors: Subramaniam Ganesan, Richard E. Haskell, Janusz W. Laski, Fatma Mili, Ishwar K. Sethi, Sarma R. Vishnubhotla Associate professors: Gautam Singh, Ronald J. Srodawa, Christian C. Wagner Assistant professors: Djamel Bouchaffra, Debatosh Debnath, Imad Elhajj, Darrin Hanna, Jia Li, Lunjin Lu, Viviana Sandor Special instructor: Jerry E. Marsh Special lecturer: Laura Dinsmoor Adjunct associate professor: Gerard Jozwiak Advisory Board The Computer Science and Engineering Advisory Board assists the department in enhanc- ing its educational and research programs and ensuring their relevance to current and emerging technological needs. Board members are: Scott V. Thomsen, Director-Science and Technology, Guardian Industries Mary L. Hepler, Vice President, Professional Services, Compuware Corporation Dilip K. Nigam, President, Analytical Design Service Corporation Lawrence C. Wehner, Director Embedded Solutions, Electronic Data Corporation Keith Ensroth, Senior Director, Internet Systems, Kelly Services Mission The Department of Computer Science and Engineering carries out the mission of the School of Engineering and Computer Science by offering separate undergraduate majors in Computer Engineering and in Computer Science. The department also offers master\u2019s programs in Computer Science and Engineering and Software Engineering, and a doctoral program in Systems Engineering. Major in Computer Engineering Major technological advances are being made in the computer field at a rapid pace, and it is essential that computer engineering students are not only aware of these advances but prepared to work in this changing environment. Students should gain a strong background in the fundamentals of computer engineering and develop a willingness to accept and thrive on change 353 The computer engineering program at Oakland University is designed to provide students with the basic knowledge and skills needed to function effectively in computer-related activities in the years ahead balance between theoretical and practical experience and an emphasis on the software and hardware aspects of computers are key elements to the university\u2019s computer engineering major. Program Educational Objectives The objectives of the Computer Engineering program are to produce graduates who: \u2022 are able to design, implement and test a hardware and/or software system or component; \u2022 can adapt and contribute to new technologies and methods and to use these in engineering design; \u2022 are prepared to pursue successfully graduate study in computer engineering or related disciplines; \u2022 are proficient in written and oral communication; \u2022 can function successfully in the automotive and other global industries; \u2022 can serve in a variety of roles such as solving problems with technical and non-technical elements, serving as team members, and leading others; and \u2022 have high standards of professional and ethical responsibility. To earn the degree of Bachelor of Science in Engineering with a major in computer engineering, students must complete a minimum of 128 credits. They must demonstrate proficiency in writing (see Undergraduate degree requirements) and meet the following require- ments: Credits General education (excluding mathematics and science) 24 Mathematics and science 154-155 Calculus 8 256 Introduction to Linear Algebra 3 257 Introduction to Differential Equations 3 263 Discrete Mathematics 4 143 Chemical Principles (or 162) 4 151-152 Introductory Physics 8 Approved science or mathematics elective* 4 34 Engineering core 101 Introduction to Engineering 1 401 Professional Engineering 1 222 Introduction to Electrical Circuits 4 221 Statics and Dynamics 4 241 Thermodynamics 4 317 Engineering Probability and Statistics 3 325 Lumped Parameter Linear Systems 3 20 354 Computer science and engineering core 141 Computer Problem Solving in Engineering and Computer Science 4 171 Introduction to Digital Logic and Microprocessors 4 230 Object-Oriented Computing 4 231 Object-Oriented Computing 4 378 Computer Hardware Design 4 20 Professional subjects Required 326 Electronic Circuit Design 4 384 Electronic Materials and Devices 3 464 Computer Organization and Architecture 4 470 Microprocessor-based System Design 4 480 Senior Design 4 19 Electives \u2014 4 credits chosen from: Any 400/500-level course (4 331 Event-Driven Programming (4 343 Theory of Computation (4 426 Advanced Electronics (4 428 Industrial Electronics (4 437 Introduction to Communication Electronics (4 422 Robotic Systems (4 431 Automatic Control Systems (4 463 Foundations of Computer-Aided Design (4 469 Simulation in Engineering (4 490** Senior Project (2-4 494** Independent Study (2-4) ____ 4 Free electives (may be used to satisfy writing proficiency) 7 For limitations on free electives see Policies on electives. ____ Total 128 *Approved science and mathematics electives for computer engineering majors are: biology courses numbered 111, 113 and higher 163 and chemistry courses numbered 234 and higher, except 497; physics courses numbered 317 and higher, except 341; environmental health courses 308 and 373 254 and mathematics courses (MTH, APM, STA, and MOR) numbered 300 and higher. Special topics and independent study courses require prior approval. **Needs prior permission of the chairperson of the Department of Computer Science and Engineering. Economics requirement In addition to the requirements stated above, computer engineering students must fulfill the economics requirement. This may be met by completion of 150, 200, 201 or 210. However 201 is not part of the general education requirement. Performance requirements In addition to the previously stated requirements, satisfactory completion of the program requires an average grade of at least 2.00 within each group: namely, mathematics and science, core subjects and professional subjects. Within professional subjects, at most two grades below 2.0 are permitted; at most two different courses may be repeated, and a total of three repeat attempts is permitted 355 Sample computer engineering schedule Students entering the School of Engineering and Computer Science with the required background may follow a schedule such as the one indicated below. However, students will need additional time to complete the program if they do not have the required background upon entrance to the program. Freshman year \u2014 fall semester 101 154 143 141, rhetoric or general education, 17 credits; winter semester 155 151 171, general education, 16 credits. Sophomore year \u2014 fall semester 257 152 230, general education, 15 credits; winter semester 263 222 231, general education, 16 credits. Junior year \u2014 fall semester 256 221 317 326, general education, 18 credits; winter semester 241 378 325, general education, 15 credits. Senior year \u2014 fall semester 384 470, science or mathematics elective 401, 4- credit free elective, 16 credits; winter semester 464 480, 3-credit free elective, professional elective, 15 credits. Major in Computer Science The program in computer science leading to a Bachelor of Science degree prepares students for professional practice in systems programming, software design and computer applications, or for graduate study in computer science. The program provides a solid foundation based on the organization, processing and display of information. In addition to software related courses students are also exposed to courses in computer hardware design. Program Educational Objectives The objectives of the Computer Science program are to produce graduates who: \u2022 are able to design, implement, verify and test a computer software system; \u2022 can adapt and contribute to new technologies and methods and to use these in the practice of computer science; \u2022 are prepared to pursue successfully graduate study in computer science or related disciplines; \u2022 are proficient in written and oral communication; \u2022 can function successfully in the automotive and other global industries; \u2022 can serve in a variety of roles such as solving problems with technical and non-technical elements, serving as team members, and leading others; and \u2022 have high standards of professional and ethical responsibility. To earn the Bachelor of Science degree with a major in computer science, students must complete a minimum of 128 credits, demonstrate writing proficiency (see Undergraduate degree requirements) and meet the following requirements: 356 Credits General education (excluding mathematics and science) 24 Mathematics and science 154-155 Calculus 8 256 Introduction to Linear Algebra 3 263 Discrete Mathematics 4 151-152 Introductory Physics 8 158 General Physics Laboratory 2 Approved science or mathematics elective* 4 29 Computer science and engineering core 141 Computer Problem Solving in Engineering and Computer Science 4 171 Introduction to Digital Logic and Microprocessors 4 230 Object-Oriented Computing 4 231 Object-Oriented Computing 4 378 Computer Hardware Design 4 20 Professional subjects Required 331 Event-Driven Programming 4 335 Programming Languages 4 343 Theory of Computation 4 361 Design and Analysis of Algorithms 4 402 Social Implications of Computing 1 445 Database Systems 4 450 Operating Systems 4 480 Senior Design 4 317 Engineering Probability and Statistics 3 32 Electives \u2014 12 credits chosen from: One 200-level course selected from 247 248 251 220 Any two 400- or 500-level courses. 12 490** Senior Project (2-4 494** Independent Study (2-4) Free electives (may be used to satisfy writing proficiency) 11 For limitations on free electives see Policies on electives. ___ Total 128 *Approved science and mathematics electives for computer science majors are: biology courses numbered 111, 113 and higher 143 and chemistry courses numbered 234 and higher, except 497; physics courses numbered 317 and higher, except 341; environmental health courses 308 and 373 254 and mathematics courses (MTH, APM, STA, and MOR) numbered 300 and higher. Special topics and independent study courses require prior approval. **Needs prior approval of the chairperson of the Department of Computer Science and Engineering. Performance requirements In addition to previously stated requirements, satisfactory completion of the program requires an average grade of at least 2.00 within each group: namely, mathematics and science, core subjects and professional subjects. Within professional subjects, at most two grades below 2.0 are permitted, at most two different courses may be repeated and a total of three repeat attempts is permitted 357 Sample computer science schedule Students entering the School of Engineering and Computer Science with the required background may follow a schedule such as the one indicated below. However, students will need additional time to complete the program if they do not have the required background upon entrance to the program. Freshman year \u2014 fall semester 154 141, general education, English composition or general education, 16 credits; winter semester 155 151 171, general education, 16 credits. Sophomore year \u2014 fall semester 263 152 158 230, general education, 18 credits; winter semester 256 231, 200-level elective, general education, 15 credits. Junior year \u2014 fall semester 317 335, 361, general education, 15 credits; winter semester 343, 378, 331, general education or free elective, 16 credits. Senior year \u2014 fall semester 402, 450, 445, professional elective, science or mathematics elective, 17 credits; winter semester 480, professional elective, two free electives, 15 credits. Minors in computer science or computing for nonengineering majors The School of Engineering and Computer Science offers two minors, one in computer science and the other in computing, to students with majors other than engineering or computer science. The minor in computer science is suitable for students with a major in mathematics, physics, chemistry or biology, who may wish to emphasize numerical, scientific and engineering aspects of computing. Students must earn a minimum of 20 credits, including the following courses 141, 171, 230, any two courses numbered 200 or above. At least 12 of these credits must be taken at Oakland University grade of 2.0 is required in each course for this minor. The minor in computing is suitable for students with a major in liberal arts or business, who may wish to emphasize non-numerical and symbolic data processing aspects of computing. Students must earn a minimum of 20 credits as follows 125 130, and three courses chosen from 220 247 248 251, and 230. At least 12 of these credits must be taken at Oakland University. An average grade of at least 2.0 is required in courses counted toward this minor. Students must obtain permission from the Department of Computer Science and Engineer- ing in order to register for courses at the 300 and 400 levels. 358 102A (248) 370-2177 Interim Chairperson: Ka C. Cheok Professors emeriti: Naim A. Kheir, Keith R. Kleckner, Tung H. Weng, Howard R. Witt Professors: Ka C. Cheok, Manohar Das, Edward Y. L. Gu, Pieter A. Frick, Robert N. K. Loh, Michael P. Polis, Andrzej Rusek, Robert P. Van Til, Mohamed A. Zohdy Associate professors: Hoda S. Abdel-Aty-Zohdy, Patrick Dessert, Sankar Sengupta Assistant professors: Daniel Aloi, John Liu, Barbara Oakley Adjunct professors: Ronald R. Beck, Robert F. Bordley, Donald R. Falkenburg Adjunct associate professors: Francis B. Hoogterp, Mutasim Salman Adjunct assistant professor: Gert Edzko Smid Advisory Board The Electrical and System Engineering External Advisory and Development Board assists the department in enhancing its educational and research programs and ensuring their relevance to current and emerging technological needs. Board members are: M.L. Dougherty, Sr., Manager, Applied Research Corporation Kathleen Simonyi McMahon,Ph.D., Engineering Group Manager, General Motors Corporation William H. Mattingly, Executive Engineer, DaimlerChrysler Corporation Shigeru Oho, Senior Manager/Senior Researcher, Hitachi America, Ltd. Daniel J. VandenBossche, Senior Manager, DaimlerChrysler Corporation Paul K. Webber, Chief Engineer Automotive Kregg Wiggins, Director, Powertrain Electronics, North America, Siemens Automotive Mission The Department of Electrical and Systems Engineering carries out the mission of the School of Engineering and Computer Science by offering undergraduate majors in Electrical Engineer- ing and in Systems Engineering. The department also offers master\u2019s programs in Electrical and Computer Engineering, Systems Engineering and Engineering Management in cooperation with the School of Business Administration, and a doctoral program in Systems Engineering. Major in Electrical Engineering Electrical engineering is a broad field encompassing a number of disciplines. Oakland University\u2019s undergraduate program in electrical engineering is designed to provide students with the basic knowledge and skills for challenging careers in electrical engineering in the coming decades. The curriculum offers strong fundamentals in analog and digital circuits, electronics including systems, electromagnetics, electronic devices, communications, controls and power systems. In addition, a strong laboratory component of the program offers 359 numerous design opportunities and allows students to relate theoretical ideas to practical problems using modern equipment and hardware/software tools. Electrical engineering faculty members are engaged in research related to new developments in the field. Their activities contribute to a well-developed, up-to-date curriculum. Program Educational Objectives The undergraduate program in Electrical Engineering will provide educational experiences aimed toward producing graduates who: \u2022 can design an electrical or electronic component or system meeting user specifications; \u2022 can apply laboratory and computer skills to engineering analysis and design; \u2022 can adapt and contribute to new technologies and methods and use these in engineering design; \u2022 are prepared to pursue successfully graduate study in electrical engineering or a related discipline; \u2022 can function successfully in the automotive and other global industries; \u2022 can be effective in a variety of roles such as developing and implementing solutions to problems with technical and non-technical elements, serving as a team member and leading others; \u2022 are proficient in written and oral communication; and \u2022 have high standards of personal and professional integrity and ethical responsibility. To earn the degree of Bachelor of Science in Engineering with a major in electrical engineering, students must complete a minimum of 128 credits, demonstrate writing profi- ciency (see Undergraduate degree requirements) and meet the following requirements: Credits General Education (excluding mathematics and science) 24 Mathematics and science 154-155 Calculus 8 254 Multivariable Calculus 4 256 Introduction to Linear Algebra 3 257 Introduction to Differential Equations 3 143 Chemical Principles (or 162) 4 151-152 Introductory Physics 8 Approved science elective* 4 34 Engineering core 101 Introduction to Engineering or 1 101 Introduction to Electrical and Systems Engineering 1 + 1 401 Professional Engineering 1 141 Computer Problem Solving in Engineering and Computer Science 4 171 Introduction to Digital Logic and Microprocessors 4 222 Introduction to Electrical Circuits 4 221 Statics and Dynamics 4 241 Thermodynamics 4 360 317 Engineering Probability and Statistics 3 325 Lumped Parameter Linear Systems 3 28 Professional subjects Required 326 Electronic Circuit Design 4 345 Electric and Magnetic Fields 3 351 Electromechanical Energy Conversion 3 378 Design of Digital Systems 4 384 Electronic Materials and Devices 3 437 Communication Systems 4 492 Senior Design 2 493 Senior Design 3 431 Automatic Control Systems 4 30 Electives \u2014 8 credits chosen from: Any 400 level courses with an or designation 490*** Senior Project (2-4 494*** Independent Study (2-4) _____ 8 Free electives (may be used to satisfy writing proficiency) 4 For limitations on free electives, see Policies on electives. _____ Total 128 * Approved science electives for electrical engineering majors are: biology courses numbered 111, 113 and higher 163 and chemistry courses numbered 234 and higher, except 497; physics courses numbered 317 and higher, except 341; environmental health courses 308 and 373. Those most highly recommended for electrical engineering students are 331, 361 and 371. Special topics and independent study courses require prior approval. ** This additional credit will count toward free elective. *** Needs prior approval of the chairperson of the Department of Electrical and Systems Engineering. Depth areas Electrical engineering students desiring depth in a particular area should consider the following professional elective packages: Electronics 426, 485; Control systems 422, 433; Computers 470, 472; Power systems 458 454. Economics requirement In addition to the requirements stated above, electrical engineering students must fulfill the economics requirement. This may be met by completion of 150, 200, 201 or 210. However 201 is not part of the general education requirement. Performance requirements In addition to previously stated requirements, satisfactory completion of the program requires an average grade of at least 2.00 within each required group: namely, mathematics and science, core subjects and professional subjects. Within professional subjects, at most two grades below 2.0 are permitted, at most two different courses may be repeated and a total of three repeat attempts is permitted. Sample electrical engineering schedule Students entering the School of Engineering and Computer Science with the required background may follow a schedule such as the one indicated below. However, students will need 361 additional time to complete the program if they do not have the required background upon entrance to the program. Freshman year \u2013 fall semester 101 or 101 or 101 154 143 141, rhetoric or general education, 17 or 18 credits; winter semester 155 151 171, general education, 1-credit free elective, 17 credits. Sophomore year \u2013 fall semester 254 152 221 or 241, general education, 16 credits; winter semester 257 222 221 or 241, general education, 1-credit free elective, 16 credits. Junior year \u2013 fall semester 256 326 317 325, general education, 17 credits; winter semester 345 378, science elective, free elective, 15 credits. Senior year \u2013 fall semester 401 351 384 492, either 437 or 431, general education, 17 credits; winter semester 493, either 437 or 431, two professional electives, 15 credits. Major in Systems Engineering Systems engineering is a broad discipline with roots in a diverse spectrum of engineering fields. The coordination of engineering tasks and the assembly of a complex array of subsystems are typical of the systems approach to problem solving and design. Oakland University\u2019s systems engineering program contains three options: automotive mechatronic systems, dynamic systems and control, and manufacturing. The dynamic systems and control program prepares students for the field of control engineering. The curriculum combines courses from electrical and mechanical engineering, along with a systems engineering control sequence. It is designed to teach the fundamentals of control system design techniques and the practical matter of implementing the controllers in modern electronic hardware. The manufacturing program emphasizes the important role of the computer in systems design. This curriculum is anchored by a set of professional courses, preparing students for careers in simulation, computer-assisted design, production systems and quality control aspects. The automotive mechatronic systems option is truly a strong interdisciplinary program blending courses from electrical, mechanical and systems engineering. This option affords students an added level of flexibility with emphasis placed on automotive electronics and automotive mechatronics courses. Program Educational Objectives The undergraduate program in systems engineering will provide educational experiences aimed toward producing graduates who: \u2022 can design systems composed of diverse components that must interact in prescribed fashions to meet specified objectives; \u2022 can apply laboratory and computer skills to engineering analysis and design; \u2022 can adapt and contribute to new technologies and methods and use these in engineering design; \u2022 are prepared to pursue successfully graduate study in systems engineering or a related discipline; \u2022 can function successfully in the automotive and other global industries; \u2022 can be effective in a variety of roles such as developing and implementing solutions to problems with technical and non-technical elements, serving as a team member and leading others; 362 \u2022 are proficient in written and oral communication; and \u2022 have high standards of personal and professional integrity and ethical responsibility. To earn the degree of Bachelor of Science in Engineering with a major in systems engineering, students must complete a minimum of 128 credits, demonstrate writing proficiency (see Under- graduate degree requirements) and meet the following requirements: Credits General education (excluding mathematics and science) 24 Mathematics and science 154-155 Calculus 8 256 Introduction to Linear Algebra 3 257 Introduction to Differential Equations 3 263* Discrete Mathematics (4) or 254* Multivariable Calculus (4) 4 143 Chemical Principles (or 162) 4 151-152 Introduction to Physics 8 Approved science elective** 4 34 Engineering core 101 Introduction to Engineering or 1 101 Introduction to Electrical and System Engineering 1 + 1 401 Professional Engineering 1 141 Computer Problem Solving in Engineering and Computer Science 4 171 Introduction to Digital Logic and Microprocessors 4 222 Introduction to Electrical Circuits 4 221 Statics and Dynamics 4 241 Thermodynamics 4 317 Engineering Probability and Statistics 3 325 Lumped Parameter Linear Systems 3 28 Professional subjects for automotive mechatronic systems option (38-41 credits) Required 378 Design of Digital Systems 4 472 Microcomputer-based Control Systems 4 372 Properties of Materials 4 431 Automatic Control Systems 4 475 Automotive Mechatronics 4 Choice of either 326 Electronic Circuit Design or 4 473 Automotive Electronics 4 Choice of either 321 Dynamics of Vibrations or 3 331 Intro. To Fluid & Thermal Energy Transport 4 Choice of either 492 Senior Design 2 493 Senior Design 3 or 492 Senior Design 2 363 493 Senior Design 3 or 492 Senior Mechanical Engineering Design Project 3 30-33 Electives: 8 credits chosen from 471 Design of Embedded Software Computer Sys. 4 426 Advanced Electronics 4 428 Industrial Electronics 4 437 Communication Systems 4 446 Electromagnetic Compatibility (New) 4 433 Modern Control System Design 4 487 Foundations of Systems Engineering 4 423 Acoustics and Noise Control 4 457 Internal Combustion Engines 4 484 Automotive Engineering Design 4 8 Professional subjects for dynamic systems and control option (39 credits) Required 326 Electronic Circuit Design 4 351 Electromechanical Energy Conversion 3 378 Design of Digital Systems 4 321 Dynamics and Vibrations 3 372 Properties of Materials 4 431 Automatic Control Systems 4 433 Modern Control System Design 4 492 Senior Design 2 493 Senior Design 3 31 Electives \u2014 8 credits chosen from: Any 400-level courses with or designation 490*\u2020 Senior Project (2-4 494*\u2020 Independent Study (2-4) ____ 8 Professional subjects for manufacturing option (37 credits) Required 422 Robotic Systems 4 483 Production Systems 4 484 Flexible Manufacturing Systems 4 485 Statistical Quality Control 4 492 Senior Design 2 493 Senior Design 3 372 Properties of Materials 4 474 Manufacturing Processes 4 29 Electives \u2014 8 credits chosen from: Any 400-level courses with the or designation 412 Artificial Intelligence in Manufacturing (4 490*\u2020 Senior Project (2-4 494*\u2020 Independent Study (2-4) _____ 8 364 Free Electives (may be used to satisfy writing proficiency) 1-5 For limitations on free electives see Policies on electives. _____ Total 128 254 is required for dynamic systems and control option and automotive mechatronic systems option, and 263 is required for manufacturing option. **Approved science electives for systems engineering majors are: biology courses numbered 111, 113 and higher 163 and chemistry courses numbered 234 and higher, except 497; physics courses numbered 317 and higher, except 341; environmental health courses 308 and 373; those most highly recommended for systems engineering students are 331 and 371. ***This additional credit will count toward free elective. *\u2020 Needs prior permission of the chairperson of the Department of Electrical and Systems Engineering. Economics requirement In addition to the requirements stated above, systems engineering students must fulfill the economics requirement. This may be met by completion of 150, 200, 201 or 210. However 201 is not part of the general education requirement. General business Students enrolled in the manufacturing option may wish to augment their degree with a minor in general business. This may be done by completing 19-23 credits specified by the School of Business Administration (see Minors in the Business Administration portion of the catalog). Credits from the minor may be used to satisfy the social science general education requirement, the economics requirement, and the free elective requirement. Performance requirements In addition to previously stated requirements, satisfactory completion of the program requires an average grade of at least 2.00 within each group: namely mathematics and science, core subjects and professional subjects. Within professional subjects, at most two grades below 2.0 are permitted; at most two different courses may be repeated and a total of three repeat attempts is permitted. Sample systems engineering schedule Students entering the School of Engineering and Computer Science with the required background may follow a schedule such as the one indicated below. However, students will need additional time to complete the program if they do not have the required background upon entrance to the program. Freshman year \u2014 fall semester 101 or 101 or 101 154 143 141, rhetoric or general education, 17 or 18 credits; winter semester 155 151 171, general education, 1-credit free elective, 17 credits. Sophomore year \u2014 fall semester 254 152 221 or 241, general education, 16 credits; winter semester 257 222 221 or 241, general education, 1-credit free elective, 16 credits. Dynamic Systems and Control Option Junior year \u2014 fall semester 256 326 317 325, general education, 17 credits; winter semester 378 431, science elective, free elective, 16 credits 365 Senior year \u2014 fall semester 401 351 321 433 492, general education, 17 credits; winter semester 493 372, two professional electives, 15 credits. Manufacturing Option Junior year \u2014 fall semester 256 372 317 325, general education, 17 credits; winter semester 484 485, science elective, free elective, 16 credits. Senior year \u2014 fall semester 401 422 474 492, general education, 15 credits; winter semester 483 493, two professional electives, 15 credits. 366 170 (248) 370-2210 Chairperson: Gary C. Barber Professor emeriti: Robert Edgerton, Gilbert L. Wedekind Professors: Gary C. Barber, Bhushan L. Bhatt, Ren-Jyh Gu, Michael Y.Y. Hung Associate professors: Ching L. Ko, Michael A. Latcha, Keyu Li, Zissimos Mourelatos, Brian P. Sangeorzan, Lianxing Yang Assistant professors: Yin-Ping Chang, Laila Guessous, Christopher Kobus, Lorenzo Smith, Dong Yao, Qian Zou Adjunct professors: Alex Alkidas, Francis H.K. Chen, Grant R. Gerhart Adjunct associate professors: Fang Chen, Yung Chiang, Yung-Li Lee, Rohit Parangepe, Peter Peng, Sankar Sengupta, Phil Szuba, Simon C.Y. Tung Adjunct assistant professors: Suresh Ramalingham, Saeed Siavoshani Advisory Board The Mechanical Engineering and Manufacturing Engineering Option Advisory Board assists the department in enhancing its educational and research programs and ensuring their relevance to current and emerging technological needs. Board members are: Jack Dawson, Vice President of Technology Corporation, Fluid System Products Flavia Deveny Supervisor, Magna, Cosma Body and Chassis Systems, Vehma International of America Richard Johannes, Director of Engineering, Cardell Automotive-a division of Molex Suresh Ravalingham, Senior Project Engineer, Advanced Manufacturing, DaimlerChrysler Corporation Shan Shih, Chief Engineer, Meritor Heavy Vehicle Systems John Siavoshani, Ph.D., Senior Engineer, Ford Motor Company Thomas Stoughton, Metal Forming Specialist, General Motors Research Philip Szuba, Ph.D., Manager, Research and New Product Development, Lamb Technicon Machining Systems Larry Williams, Retired, Director, DaimlerChrysler Corporation Mission The Department of Mechanical Engineering carries out the mission of the School of Engineering and Computer Science by offering undergraduate majors in Mechanical Engineer- ing and in Mechanical Engineering with Manufacturing Option. The department also offers a master\u2019s program in Mechanical Engineering and a doctoral program in Systems Engineering 367 Major in Mechanical Engineering The field of mechanical engineering offers career opportunities in areas such as design, analysis, test development, research and the manufacturing of various products. Oakland University\u2019s mechanical engineering program provides the student with a founda- tion in the fundamental concepts and principles associated with mechanics of solids, thermo- dynamics, fluid and thermal energy, materials, manufacturing, design of mechanical systems, electrical circuits, computer programming and software utilization strong laboratory experience and the utilization of instrumentation and computers is interwoven through the curriculum. The program also provides numerous engineering design experiences. Program Educational Objectives The objectives of the Mechanical Engineering program and the Manufacturing Engineering option are to produce graduates who: \u2022 (Mechanical Engineering) are able to analyze, design, develop and test components and systems in the areas of mechanics and fluid and thermal sciences; \u2022 (Manufacturing Engineering option) are able to analyze, design, develop and test compo- nents and systems in the areas of materials and manufacturing processes, assembly and product engineering; manufacturing productivity and quality, or manufacturing integration methods and systems design; \u2022 can adapt and contribute to new technologies and methods and to use them in engineering applications; \u2022 are prepared to pursue successfully graduate study in mechanical/manufacturing engineering or other advanced post-graduate education; \u2022 are proficient in written and oral communication; \u2022 can function successfully in the automotive and other global industries; \u2022 can serve in a variety of roles within or leading a team solving problems with technical and non-technical elements; and \u2022 have high standards of professional integrity and ethical responsibility; Students majoring in mechanical engineering will select an option, providing for selection among senior-level courses in one of five areas: either the general mechanical engineering option or the more specialized options of fluid and thermal systems, computer-aided design, automotive engineering, or manufacturing engineering. The Mechanical Engineering curriculum, including the first four options, is accredited by the Engineering Accreditation Commission of the Accreditation Board for Engineering and Technology (ABET). In addition, the Manufacturing Engineering option in Mechanical Engineering has also been separately accredited by ABET. To earn the degree of Bachelor of Science in Engineering with a major in mechanical engineering, students must complete a minimum of 128 credits, demonstrate writing profi- ciency (see Undergraduate degree requirements) and meet the following requirements: 368 Credits General Education (excluding mathematics and science) 24 Mathematics and science 154-155 Calculus 8 254 Multivariable Calculus 4 256 Introduction to Linear Algebra 3 257 Introduction to Differential Equations 3 143 Chemical Principles (or 162) 4 151-152 Introductory Physics 8 Approved science elective* 4 34 Engineering core 101 Introduction to Engineering 1 401 Professional Engineering 1 141 Computer Problem Solving in Engineering and Computer Science 4 171 Introduction to Digital Logic and Microprocessors 4 222 Introduction to Electrical Circuits 4 221 Statics and Dynamics 4 241 Thermodynamics 4 317 Engineering Probability and Statistics 3 325 Lumped Parameter Linear Systems 3 28 Professional subjects Required 321 Dynamics and Vibrations 3 331 Introduction to Fluid and Thermal Energy Transport 4 361 Mechanics of Materials 4 372 Properties of Materials 4 15 Professional design requirements Choose one course from Group and one from Group B: Group 486 Mechanical Systems Design (4 487 Mechanical Engineering Systems (4) Group 456 Energy Systems Analysis and Design (4 482 Fluid and Thermal Systems Design (4) ____ 8 Also choose at least three credits from, Senior Mechanical Engineering Design Project 492, or Senior Project 490. Credits from 492 and 490 should belong to, and be counted toward, one of the professional options listed below. Students who elect the Manufac- turing Engineering option are required to select 493. Professional options 1. General mechanical engineering option (15 credits) Professional electives (chosen from the following if not taken to satisfy Group and design requirements 369 423 Acoustics and Noise Control (4 438 Fluid Transport (4 439 Computational Fluid Dynamics (4 443 Polymeric Materials (4 444 Plastics Processing Engineering (4 445 Plastics Product Design (4 448 Thermal Energy Transport (4 449 Numerical Techniques in Heat Transfer and Fluid Flow (4 450 Computer-Aided Data Acquisition Analysis and Control (2 454 Solar and Alternate Energy Systems (4 456 Energy Systems Analysis and Design (4 457 Internal Combustion Engines (4 461 Analysis and Design of Mechanical Structures (4 467 Optical Measurement and Quality Inspection (4 472 Material Properties and Processes (4 474 Manufacturing Processes (4 475 Lubrication, Friction and Wear (4 482 Fluid and Thermal Systems Design (4 486 Mechanical Systems Design (4 487 Mechanical Computer-Aided Engineering (4 488 Mechanical Computer-Aided Manufacturing (4 490** Senior Project (2-4 492 Senior Mechanical Engineering Design Project (3) Not more than 4 credits from 407 Environmental Engineering (4 476 Product and Process Development (4 477 Concurrent Engineering (4 484 Automotive Engineering Design (4 494** Independent Study (2-4 431 Automatic Control Systems (4 469 Computer Simulation in Engineering (4 483 Production Systems (4 484 Flexible Manufacturing Systems (4) _____ 15 2. Fluid and thermal systems option (15 credits) Required subjects 438 Fluid Transport (4 448 Thermal Energy Transport (4 482 Fluid and Thermal Systems Design (4) Professional electives (chosen from the following if not taken to satisfy Group and design requirements 423 Acoustics and Noise Control (4 439 Computational Fluid Dynamics (4 449 Numerical Techniques in Heat Transfer and Fluid Flow (4 450 Computer-Aided Data Acquisition Analysis and Control (2 454 Solar and Alternate Energy Systems (4 456 Energy Systems Analysis and Design (4 457 Internal Combustion Engines (4 492 Senior Mechanical Engineering Design Project (3) 370 490** Senior Project (2-4) No more than 4 credits from 494** Independent Study (2-4 431 Automatic Control Systems (4) ____ 15 3. Computer-aided design option (15 credits) Required subjects 461 Analysis and Design of Mechanical Structures (4 487 Mechanical Computer-Aided Engineering (4) Professional electives (chosen from the following if not taken to satisfy Group and design requirements 439 Computational Fluid Dynamics (4 449 Numerical Techniques in Heat Transfer and Fluid Flow (4 472 Material Properties and Processes (4 486 Mechanical Systems Design (4 492 Senior Mechanical Engineering Design Project (3 490** Senior Project (2-4 494** Independent Study (2-4) No more than 4 credits from 431 Automatic Control Systems (4 463 Foundations of Computer-Aided Design (4) ____ 15 4. Automotive Engineering option (15 credits) Automotive Structures Specialty Required subjects 461 Analysis and Design of Mechanical Structures (4 484 Automotive Engineering Design (4) or Internal Combustion Engines Specialty Required Subjects 456 Energy Systems Analysis and Design (4 457 Internal Combustion Engines (4 482 Fluid and Thermal Systems Design (4) Professional electives (chosen from the following if not taken to satisfy Group and design requirements 423 Acoustics and Noise Control (4 438 Fluid Transport (4 439 Computational Fluid Dynamics (4 448 Thermal Energy Transport (4 449 Numerical Techniques in Heat Transfer and Fluid Flow (4 450 Computer-Aided Data Acquisition Analysis and Control (2 456 Energy Systems Analysis and Design (4 457 Internal Combustion Engines (4 461 Analysis and Design of Mechanical Structures (4 467 Optical Measurement and Quality Inspection (4 472 Material Properties and Processes (4 475 Lubrication, Friction and Wear (4 482 Fluid and Thermal Systems Design (4 484 Automotive Engineering Design (4 486 Mechanical Systems Design (4 371 487 Mechanical Computer-Aided Engineering (4 490** Senior Project (2-4 492 Senior Mechanical Engineering Design Project (3) Not more than 4 credits from 476 Product and Process Development (4 477 Concurrent Engineering (4 494** Independent Study (2-4 473 Automotive Electronics (4 431 Automotive Control Systems (4 475 Automotive Mechatronics (4) ____ 15 5. Manufacturing Engineering option (15 credits) Students selecting this option must complete a required form before taking courses for this option, and they should have completed the engineering core and professional subjects requirements of the mechanical engineering curriculum. Required subjects 474 Manufacturing Processes (4 484 Flexible Manufacturing Systems (4 467 Optical Measurement and Quality Inspection (4) or 485 Statistical Quality Control (4 493 Senior Manufacturing Engineering Design Project (3) Suggested professional electives. Students are urged to consider selecting one of the following courses to satisfy their free electives requirement 443 Polymeric Materials (4 444 Plastics Processing Engineering (4 445 Plastics Product Design (4 461 Analysis and Design of Mechanical Structures (4 467 Optical Measurement and Quality Inspection (4 472 Material Properties and Processes (4 475 Lubrication, Friction and Wear (4 476 Product and Process Development (4 477 Concurrent Engineering (4 482 Fluid and Thermal Systems and Design (4 486 Mechanical Systems Design (4 487 Mechanical Engineering Systems (4 488 Mechanical Computer-Aided Manufacturing (4 422 Robotic Systems (4 431 Automatic Control (4 469 Computer Simulation in Engineering (4 483 Production Systems (4 485 Statistical Quality Control (4 490** Senior Project (2-4 494** Independent Study (2-4) ____ 15 6. Plastics and Composites Manufacturing Engineering option Required subjects 443 Introduction to Plastic Materials and Technology (4 444 Plastics Processing Engineering (4 445 Plastics Product Design (4 490/492/493 Senior Design Project (3) 372 Suggested professional electives: Same as those in Manufacturing Engineering Options (except 443, 444, 445) and 474 Manufacturing Processes (4 484 Flexible Manufacturing Systems (4) ___ 15 Free electives (may be used to satisfy writing proficiency and programming recommendations) 4 For limitations on free electives see Policies on electives. ____ Total 128 *Approved science electives for mechanical engineering majors are: biology courses numbered 111, 113 and higher 163 and chemistry courses numbered 234 and higher, except 497; physics courses numbered 317 and higher, except 341; environmental health courses 308 and 373; those most highly recommended for mechanical engineering students are 331, 366, 371 163 111 and 205. Special topics and independent study courses require prior approval. **Needs prior permission of the chairperson of the Department of Mechanical Engineering. Economics requirement In addition to the requirements stated above, mechanical engineering students must fulfill the economics requirement. This may be met by completion of 150, 200, 201 or 210. However 201 is not part of the general education requirement. Performance requirements In addition to previously stated requirements, satisfactory completion of the program requires an average grade of at least 2.00 within each group: namely, mathematics and science, core subjects, and professional subjects. Within professional subjects, at most two grades below 2.0 are permitted; at most two different courses may be repeated and a total of three repeat attempts is permitted. Sample mechanical engineering schedule Students entering the School of Engineering and Computer Science with the required background may follow a schedule such as the one indicated below. However, students will need additional time to complete the program if they do not have the required background upon entrance to the program. Freshman year \u2014 fall semester 101 154 143 141, rhetoric or general education, 17 credits; winter semester 155 151 171, general education, 16 credits. Sophomore year \u2014 fall semester 254 152 221 or 241, general education, 16 credits; winter semester 257 222 221 or 241, general education, 15 credits. Junior year \u2014 fall semester 256 321 and 331 325, general education, 17 credits; winter semester 361, 372, free or professional elective, science elective, 16 credits. Senior year \u2014 fall semester 317 401 492 or 493 or 490, professional subject, general education, 15 credits; winter semester: four professional subjects, 16 credits 373 Major in Engineering Chemistry Coordinators: Ching L. Ko (engineering), Dagmar Cronn (chemistry) The program in engineering chemistry, offered jointly by the School of Engineering and Computer Science and the College of Arts and Sciences, leads to the Bachelor of Science degree. It provides for intensive study in chemistry, along with basic preparation in engineering. To earn the degree of Bachelor of Science with a major in engineering chemistry, students must complete a minimum of 128 credits, demonstrate writing proficiency (see Undergraduate degree requirements) and meet the following requirements: Credits General education (excluding mathematics and science) 24 Mathematics and physics 154-155 Calculus 8 254 Multivariable Calculus 4 257 Introduction to Differential Equations 3 151-152 Introduction to Physics 8 23 Chemistry 157-158 General Chemistry (or 167-168) (or 162-163) 10 234-235 Organic Chemistry 8 237 Organic Chemistry Laboratory 2 325 Analytical Chemistry 4 342-343 Physical Chemistry 8 348 Physical Chemistry Laboratory 2 471 Macromolecular Chemistry 3 Plus one lecture or laboratory course (two or three credits) above 400 2 (3) 39(40) Engineering 101 Introduction to Engineering 1 401 Professional Engineering 1 141 Computer Problem Solving in Engineering and Computer Science 4 171 Introduction to Digital Logic and Microprocessors 4 222 Introduction to Electrical Circuits 4 221 Statics and Dynamics 4 241 Thermodynamics 4 331 Introduction to Fluid and Thermal Energy Transport 4 325 Lumped Parameter Linear Systems 3 29 Plus 8 credits from 438 Fluid Transport (4 439 Computational Fluid Dynamics (4 448 Thermal Energy Transport (4 449 Numerical Techniques in Heat Transfer and Fluid Flow (4) 374 456 Energy Systems Analysis and Design (4 457 Internal Combustion Engines (4 482 Fluid and Thermal Systems Design (4 431 Automatic Control Systems (4) _____ 8 Free electives (may be used to satisfy writing proficiency) For limitations on free electives see Policies on electives. 5 (4) Total 128 Performance requirements In addition to the previously stated requirements, satisfactory completion of the program requires an average grade of at least 2.00 in the courses taken to satisfy the engineering, chemistry, and mathematics and physics requirements. Major in Engineering Physics Coordinators: Hoda Abdel-Aty-Zohdy (engineering), Andrei Slavin (physics) The program in engineering physics is offered jointly by the School of Engineering and Computer Science and the College of Arts and Sciences. This program blends the pure and applied, the theoretical and practical aspects of scientific knowledge into a meaningful educational experience. Through the university\u2019s cooperative education program, engineering physics students may opt to combine a relevant work experience with their formal education. To earn the degree of Bachelor of Science with a major in engineering physics, students must complete a minimum of 128 credits, demonstrate writing proficiency (see Undergraduate degree requirements) and meet the following requirements: Credits General education (excluding mathematics and science) 24 Mathematics and sciences 154-155 Calculus 8 254 Multivariable Calculus 4 257 Introduction to Differential Equations 3 143 Chemical Principles (or 162) 4 151-152 Introductory Physics 8 158 Physics Laboratory 2 317 Modern Physics Laboratory 2 351 Intermediate Theoretical Physics 4 361 Mechanics 4 371 Modern Physics 4 Another course in physics in addition to any required in options below, chosen from 331 Optics (4 366 Vibrations and Waves (4 381 Electricity and Magnetism (4 472 Quantum Mechanics (4) 4 47 Engineering 141 Computer Problem Solving in Engineering and Computer Science 4 171 Introduction to Digital Logic and Microprocessors 4 222 Introduction to Electrical Circuits 4 326 Electronic Circuit Design 4 221 Statics and Dynamics 4 375 241 Thermodynamics 4 317 Engineering Probability and Statistics 3 325 Lumped Parameter Linear Systems 3 30 Professional option (The following two options are offered as typical. Students with different interests can construct different options in consultation with the program coordinators.) Solid state physics and technology option 384 Electronic Materials and Devices 3 472 Quantum Mechanics 4 Design elective, chosen from: 4 378 Design of Digital Systems (4 426 Advanced Electronics (4 437 Communication Systems (4 470 Microprocessors and Microcomputers (4 487 Integrated Electronics (4 410 Systems Optimization and Design (4) _____ 11 Applied mechanics option 366 Vibrations and Waves 4 361 Mechanics of Materials 4 Design elective, chosen from: 4 456 Energy Systems Analysis and Design (4 461 Analysis and Design of Mechanical Structures (4 482 Fluid and Thermal Energy Systems (4 486 Mechanical Systems Design (4 487 Mechanical Engineering Systems (4) _____ 12 Technical electives, chosen from 256 Introduction to Linear Algebra (3 263 Discrete Mathematics (4 318 Nuclear Physics Laboratory (2 331 Optics (4 366 Vibrations and Waves (4 372 Nuclear Physics (4 381 Electricity and Magnetism (4) or 345 Electric and Magnetic Fields (3 418 Modern Optics Laboratory (2 472 Quantum Mechanics (4 482 Electricity and Magnetics (4 351 Electromechanical Energy Conversion (3 378 Design of Digital Systems (4 384 Electronic Materials and Devices (3 331 Introduction to Fluid and Thermal Energy Transport (4 361 Mechanics of Materials (4) Any 400-level or courses (4-8) _____ 7-8 Free electives (can be used to satisfy writing proficiency) 7-9 For limitations on free electives, see Policies on electives. _____ Total 128 376 Performance requirements In addition to the previously stated requirements, satisfactory completion of the program requires an average grade of at least 2.00 in the engineering and computer science courses and also in the mathematics and science courses taken to meet program requirements. Course Offerings Courses offered through the School of Engineering and Computer Science carry the following designations: computer science and engineering courses, CSE; electrical engineering courses, EE; systems engineering courses, SYS; mechanical engineering courses, ME. Courses offered under the general title of engineering are listed under EGR. For some of the courses, the semester(s) in which they are usually offered is indicated at the end of course description. However, this is subject to change. To register for 300- and 400-level courses, students must have attained major standing 101 Introduction to Engineering (1) Introduction to the various disciplines of engineering. The course will be a series of weekly lectures on topics in engineering. Offered fall, winter. (Graded 295 Special Topics (1 to 4) Study of special topics in engineering and/or computer science. May be taken more than once. Topic must be approved prior to registration 391 Cooperative Engineering and Computer Science (1 seminar course for cooperative engineering and computer science students to be taken in the semester following a cooperative training assignment report of the training assignment must be submitted within four weeks of the beginning of the course. May be taken up to three times. Offered fall, winter. Prerequisite: Consent of the cooperative education coordinator 400 Engineering Seminar (1) Lectures and discussions conducted by faculty, graduate students and speakers from industry and other universities. Emphasis is on current research interests of the school. May be taken twice 401 Professional Engineering (1) Seminars of professional interest to engineers, including such topics as professionalism, ethics, engineering law, engineering economics and technical communications. Graded S/U. Offered fall. Prerequisite: Senior status in engineering 496 International Engineering and Computer Science (4) An independent study or technical internship involving a minimum of eight weeks of residence abroad; student is required to present a final report. Departmental approval is required prior to registration. Prerequisite: Senior standing 110 Computer Literacy (2) An introduction to the use of desktop computers. Topics include word-processing, spreadsheets, PowerPoint, and the use of the worldwide web 125 Introduction to Computer Use (4 first course in computer usage for non-engineering and computer science majors. Introduction to computer hardware, software and business applications. Topics include word processing, spreadsheets, data base management, data communications and graphics software. Programming concepts in data base languages. Problem-solving methodology is emphasized. Instruction is divided between lecture and computing laboratory. Offered fall, winter. Satisfies the university general education requirement in mathemat- ics, logic and computer science. Prerequisite 012 or equivalent 377 130 Introduction to Computer Programming (4) Introduction to digital computers and algorithmic programming. Topics include: data storage and manipulation, control structures, functions and subprogramming. Introduction to object-oriented pro- gramming. Students cannot receive credit for both 130 and 141. Offered fall, winter. Satisfies the university general education requirement in mathematics, logic and computer science. Prerequisite 012 or equivalent 141 Computer Problem Solving in Engineering and Computer Science (4) General methods of problem solving and principles of algorithmic design using a high level computer language such as Visual Basic. Applications will be drawn from problems in mechanical, electrical and computer engineering and computer science. Students cannot receive credit for both 130 and 141. Offered fall, winter. Corequisite 154 171 Introduction to Digital Logic and Microprocessors (4) Introduction to digital logic using programmable logic devices. Introduction to computer organization and microprocessors. Assembly language programming. Offered fall, winter. Prerequisite 141 and 154 220 Computer Programming for Business Applications (4) Introduction to business applications using Visual Basic. Emphasis is on structured programming and top- down development in an interactive environment. Topics include extended Visual Basic syntax, Active controls, business application design, an introduction to integrating a database system with a business application, and using a report writer to design reports. Prerequisite 130 or 141 230 Object-Oriented Computing (4) Introduction to object-oriented computer programming using a high-level programming language such as C++. Classes, member functions, inheritance, polymorphism and operator overloading. Design method- ologies and introduction to software engineering principles and practices. Basic data structures are introduced. Prerequisite 141 231 Object-Oriented Computing (4 second course in object-orientated programming with emphasis on data abstraction and object-oriented design. The basic data structures in computer science, including stacks, queues, files, lists, trees and graphs, are covered in detail. Concepts of design, analysis and verification are discussed in the context of abstract data types. Examples of applications taken from numeric and symbolic domains are used. Prerequisite 230 247 Computer Based Information Networks (4) An introduction to networking methodologies and implementation. Topics covered include peer-to-peer networking, server/client networking, intranets, wide area networks, necessary communications hard- ware, and Internet servers. These topics will be applied using various platforms such as Microsoft, Macintosh, Novell Netware and Unix Networking systems. Prerequisite: One course in a high level programming language 248 Open Source Software Development (4) This course covers application software development within the open source environment. State of the art tools, application and languages are covered. Topics include: the Unix operating system C/C++, software maintenance utilities, and scripting languages such as Perl and Python. The architectures of higher-level components, including the Apache web server, MySQL database server application server, are presented fully functional e-commerce application is developed using the software packages discussed in class. Prerequisite 231 251 Web Programming (4) An introduction to web technologies. Topics include use of modern web development tools, Hypertext Markup Language (HTML), server-side processing using languages such as or PHP, and client-side processing using languages such as JavaScript. Students will use these tools to create interactive and dynamic web sites. Prerequisite: One course in a high level programming language. 378 331 Event-Driven Programming (4) Development of Object-Oriented applications using the Java development environment. Introduction to the Model View Controller (MVC) design patterns and the Java Graphical User Interface (GUI) model. Course topics will include: object concept, code reuse and code libraries, messages and message handlers, dialog boxes and controls, document interfaces, menus, toolbars, database connectivity, and web applications. The course will culminate with a student project encompassing all of the major course topics. Prerequisite 231 335 Programming Languages (4) Fundamental concepts in programming languages. Several high-level languages are studied in depth and their approaches to the fundamental issues in language design are compared. Issues include: data types and structures, control structures, binding times, run-time, storage organization, flexibility vs. efficiency, compiled vs. interpreted languages, strong vs. weak typing, block structure and scope of names. Offered fall. Prerequisite 231 256 and major standing 343 Theory of Computation (4) Formal models of computation, including finite state automata, pushdown automata and Turing machines. Regular and context-free languages. The computational models are used to discuss computabil- ity issues. Offered winter. Prerequisite 361 and major standing 361 Design and Analysis of Algorithms (4) Computer algorithms, their design and analysis. Strategies for constructing algorithmic solutions, including divide-and-conquer, dynamic programming and greedy algorithms. Development of algorithms for parallel and distributed architectures. Computational complexity as it pertains to time and space is used to evaluate the algorithms general overview of complexity classes is given. Offered fall, winter. Prerequisite 231 263 378 Computer Hardware Design (4) Development of components and techniques needed to design basic digital circuits and systems for computers, communication and related applications. Design and analysis of combinational and sequential logic circuits using a hardware description language such as VHDL. Design of a small digital computer and its implementation in an FPGA. Prerequisite 171 and major standing 402 Social Implications of Computers (1) Seminars dealing with the professional, social and ethical issues of computer science and engineering. Presentations by faculty, students and visiting professionals. (Graded S/U). Credit cannot be earned for both 402 and 401. Offered fall. Prerequisite: Senior standing in the School of Engineering and Computer Science 439 Software Engineering (4) An overview of software development processes, tools, and techniques from the perspective of learning what they can and cannot do; deciding when, how and why to apply them; and selecting among the available alternatives. Requirements analysis and specification techniques, life-cycle models, process modeling, software design methods, project planning and management, quality assurance, configuration management, program and system testing. Offered fall. Prerequisite 361 or equivalent, major standing 445 Database Systems (4) Design and implementation of relational, hierarchical and network database systems. Query/update data languages, conceptual data model, physical storage methods, database system architecture. Database security and integrity. Relational database systems are emphasized. The course has a significant laboratory component involving the use of commercial database software to retrieve information in various forms. Offered fall, winter. Prerequisite 361 and major standing 447 Computer Communications (4 study of data communications and computer networks with emphasis on the functional characteristics of communications hardware and the design of communications control software. Standard protocols and interfaces. Case studies of local area networks and wide area networks. Communications software is designed and implemented as student projects. Offered fall. Prerequisite 450 or equivalent 379 450 Operating Systems (4) Introduction to the concepts and design of multi-programmed operating systems. Typical topics include: historical perspectives; sequential processes; concurrent processes; processor management; memory management; scheduling; file management, resource protection; a case study. Offered fall, winter. Prerequisite 361 and major standing 464 Computer Organization and Architecture (4) Stored program computers, performance evaluation and architectures, instruction sets, theory and design of arithmetic-logic and control units, hardwired control design and microprogrammed design, memory organization, cache mapping, associative memory, pipeline computer design, linear and non-linear pipelines, data and branch hazards, stalling, interfacing input/output units with processors, parallel processing. Course emphasizes hardware design and organization. Offered winter. Prerequisite 378 263, and major standing 470 Microprocessor-based Systems Design (4) Application of microprocessors and microcomputers to the solution of typical problems; interfacing microprocessors with external system such as sensors, displays and keyboards; programming consider- ations, microcomputer system and memory system design laboratory, design course; several short design projects and one large design project. Written report and oral presentation required. Credit cannot be earned for both 470 and 470. Offered fall, winter. Prerequisite 378 480 Senior Design (4 team-oriented senior design course for computer science and computer engineering majors. Teams will conceive, analyze, design, implement and test a computer-based hardware and/or software system, component, or process. Results will be demonstrated and documented in oral presentations and written reports. Prerequisite 378 and either 470 or 331 490 Senior Project (2 to 4) Independent work on advanced laboratory projects. Topic must be approved prior to registration. May be taken more than once 494 Independent Study (2 to 4) Advanced individual study in a special area. Topic must be approved prior to registration. May be taken more than once 495 Special Topics (2 to 4) Advanced study of special topics. May be taken more than once. The following courses are graduate level courses open to undergraduate students with instructor permission 512 Artificial Intelligence in Manufacturing (4) Integration of the techniques and methodologies from artificial intelligence and manufacturing engineer- ing. On the manufacturing side, issues of design, manufacturability, process planning, and cost analysis are cast around feature-based technologies. The artificial intelligence techniques include standard transparent representation schemes of rule bases and semantic networks as well as the most up- to-date opaque representations of neural networks and genetic algorithms, both areas integrated with issues of fuzy logic and control. Involves a large class project 513 Soft Computing (4 study of algorithms that can be used to add humanlike intelligence to computer systems. Topics include fuzzy logic, artificial neural networks, genetic algorithms, and classification and regression trees. Applications to machine learning, pattern recognition, and intelligent automation 516 Artificial Intelligence (4) An introduction to artificial intelligence techniques, including: knowledge representation using semantic networks, scripts, frames, predicate calculus, production and expert systems, and procedures; learning via symbolic and adaptive algorithms; natural language understanding; and game playing and other searching problems. Offered fall. 380 517 Agent-Based Systems (4) Introduction to intelligent agents and multiagent systems; distributed problem solving and planning; search algorithms for agents; interaction and cooperation; action and behavior modeling of agents; learning and knowledge acquisition; applications 521 Software Requirements Engineering (4) This course studies the mechanisms underlying programming decisions and presents systematic procedures for making these decisions. The procedures studied cover the design of iterative loops, and sequence statements, along with general heuristics that represent problem solving strategies. The course uses the formalism of relational algebra. The relational algebra is covered in class 522 Objective Oriented Analysis and Design (4) This course covers the methodologies of object oriented (OO) modeling during the planning, analysis and design stages of software systems development. Predominate methodologies and techniques such as the Unified Modeling Language (UML) will be surveyed programming using an language such as C++ or Java is not covered in this course. Topics include both process oriented issues, such as the application of use case modeling during requirements analysis, and product-oriented issues, such as the definition of an design using class diagrams 537 Systematic Software Development (4 project-driven, language-independent, top-down software development method based on specifications and refinement of every step of design. It involves user-defined Abstract Operations and Abstract Data Types variant of the Vienna Development Method (VDM) is used. Specification techniques are introduced gradually, in step with a nontrivial term project. An emphasis is placed on practical applications of the method. Offered winter 538 Software Verification and Testing (4) Systematic methods of software verification, testing and analysis and the supporting tools. Topics: principles of formal verification, static program analysis and dynamic program analysis (testing and debugging significant part of the course is its lab component 540 Software Quality Assurance (4) Intended for students who have mastered fundamental design and programming skills. The impact of software design and construction techniques on structural quality for both object-oriented and traditional decomposition. The relationship between software structure and software maintainability (modifiability and readability) and reusability is emphasized 542 Rapid Prototyping and Component Software (4) Methodologies for rapid prototyping and component software use. Topics include: platforms for rapid prototyping and object-oriented software development, available software components, object request brokers (COM/CORBA/OLE), data modeling, transaction processing and federated database, client and server web technologies theory and project-oriented course 549 Multimedia and Networks (4) Multimedia system requirements, data representation and compression, input/output and devices, network load implications, multimedia authoring, web design and presentation of multimedia, collaborative multimedia sessions, graphical user interface design using Tcl/Tk and Java 555 Computer Graphics (4) Introduction to the concepts underlying two- and three-dimensional computer graphics. Topics include an overview of graphics hardware and software, capabilities and algorithms of a two-dimensional raster graphics package, basics of three-dimensional raster graphics, algorithms for simple three-dimensional raster graphics, introduction to computer animation 556 Computer Graphics (4) Continuation of 555. Topics covered include realistic rendering techniques (hidden line/surface, lighting, shading, texture mapping); mathematics and data structures for curve, surface, and solid representation (including B-spline and Bezier techniques); advanced animation techniques (key-frame animation, morphing 381 571 Design of Embedded Software Computer Systems (4) Design of real-time systems with microcontrollers such as the 68HC11 and 68332. Object-oriented software development using both assembly language and high-level languages. Use of interrupts. Project- oriented course. Offered winter 581 Data Mining and Knowledge Discovery (4) This course provides a background in data warehousing technologies, and their applications in knowledge discovery using data mining algorithms. Data preparation, reduction, and transformation concepts are presented as integral component of the discovery life cycle. Data mining algorithms, including association rules, decision trees, link analysis, clustering, regression and neural models are covered. The theoretical concepts presented are supplemented with adequate hands-on experience with software tools for data mining 582 Information Retrieval (4) Introduction; information retrieval models; retrieval evaluation; query languages; query operations; text and multimedia documents; indexing and searching; visualization; web search engines 583 E-Commerce and (4) This course focuses on the evolving technologies on the world wide web that support new models of business. These models include 1) electronic commerce with concerns of fault tolerance, security, and 24x7 availability and 2 with concerns of financial, human resource and manufacturing systems integrating together into inter- company supply chain systems 101 Introduction to Electrical and Systems Engineering (2) Basic problem solving techniques of electrical and systems engineering. The course is centered around design/ analysis projects which students carry out in small groups in a laboratory setting. One lecture/laboratory per week. Can be used to satisfy 101 requirement in electrical engineering. Credit cannot be received for both 101 and 101 222 Introduction to Electrical Circuits (4) Resistive dc circuits, Kirchhoff laws, Thevenin and Norton theorems, controlled sources, superposition, source transformations. Transient and forced responses in and circuits; impedance concept and phasors values and average power. Use of PSPICE. With laboratory. Offered fall, winter. Prerequisite 155 and 152. Corequisite 257 326 Electronic Circuit Design (4) Characteristics and models of diodes and bipolar and unipolar transistors. Analysis and design of circuits employing these devices, including power supplies, voltage regulators, amplifiers. Operational amplifiers as design elements. Use of software. With laboratory emphasizing design. Offered fall, winter. Prerequisite 222 and major standing. Recommended corequisite 384 345 Electric and Magnetic Fields (3) Introduction to electromagnetic fields, Maxwell\u2019s equations, electrostatics, magnetic fields of steady currents, time varying fields. Introduction to wave phenomena, transmission lines, plane waves. Offered fall. Prerequisite 254 222 and major standing 351 Electromechanical Energy Conversion (3) Magnetic circuits, transformers and necessary conditions of electromechanical energy conversion and machines: equivalent circuits, input/output characteristics, torque analysis and power efficiency machine drives and position/speed control systems. With laboratory. Prerequisite 325 378 Design of Digital Systems (4) Development of components and techniques needed to design digital circuits and systems for controllers, signal processors and related applications. Combinational and sequential logic design: circuit, logic, register, transfer and functional levels. Applications include system design using programmable arrays and a hardware descriptive language. With laboratory. Offered fall, winter. Prerequisite 171 and major standing. 382 384 Electronic Materials and Devices (3) Basic quantum mechanics fundamental to the understanding and development of integrated circuits and systems. Semiconductor device physics; charge carriers and conduction mechanisms, energy band diagrams. Theory of the junction and metal semi-conductor diodes. Bipolar transistors and unipolar field effect devices. Offered fall. Prerequisite: Major standing 426 Advanced Electronics (4) Transistor circuit design and analysis. Multistage small signal and power amplifier design, feedback, frequency response, stability and sensitivity. Design and analysis of linear/nonlinear circuits with operational amplifiers and other integrated circuits. Design of signal generators. Emphasis on designing through laboratory experiments and projects. Offered winter. Prerequisite 326 and 325 428 Industrial Electronics (4) Applications of advanced electronics to manufacturing processes. Analysis and design considerations for industrial electronic systems. Operation of programmable controllers. Modeling and characteristics of integrated process elements. Transducers, signal conditioning and transmission; analog and digital controllers; thyristor commutation techniques; power supplies and interfaces and drives and motor control circuits. With laboratory and design projects. Offered winter. Prerequisite 326 and 325 437 Communication Systems (4) Frequency domain analysis of signals and systems using Fourier series and Fourier transform techniques, power spectral density. Filtering. Analog modulation techniques, such as Source coding and baseband digital signaling techniques. Digital modulation techniques, such as Multiplex- ing, such as Introduction to performance of communication systems in presence of noise. With laboratory. Prerequisites 326 317 and 325 445 Electronic Engineering (4) Electromagnetic theory with applications. Diffraction, radiation, propagation, guided waves, optical transmission and resonant cavities. Offered winter. Prerequisites 345 and 325 446 Introduction to Electromagnetic Compatibility (4) Review of basics related to applications. Analysis of sources and receivers. Signal spectra, conducted and radiated emissions. Transmission line cross-talk. Introduction to shielding, filtering, and grounding. Electrostatic discharges (ESD). Circuit and system immunity. Signal spectra, conducted and radiated emissions requirements for component and system levels and European standards and their origin. Automotive standards issues in vehicle multiplexing communication. With laboratory. Prerequisites by Courses 345 325, EE326 378. Recommended Co-requisite 437 470 Microprocessors-based Systems Design (4) Application of microprocessors and microcomputers to the solution of typical problems; interfacing microprocessors with external systems such as sensors, displays and keyboards; programming consider- ations, microcomputer system and memory system design laboratory, design course; several short design projects and one large design project. Written report and oral presentation required. Credit cannot be earned for both 470 and 470. Offered fall, winter. Prerequisite 378 472 Microcomputer-based Control Systems (4) Computer-aided engineering, analysis, design, evaluation of control systems. Microcomputer/ micro- processor-based hardware and software development of digital controllers, estimators, filters. Data acquisition, signal conditioning and processing circuits, graphics displays. On-line system-level and board-level microcomputer-based control experiments. Laboratory and projects emphasize real-time applications, programming and hardware integration. With laboratory. Offered winter. Prerequisite 326 or 473 and 431 383 473 Automotive Electronics (4) Review of basic automotive electronic devices and circuits. Characteristics, models and interfacing of sensors and actuators. Basic electronic and electromechanical controllers; engines, transmission, brake, suspension and traction. Battery system supply. Ancillary system components: safety, auto theft, diagnos- tics, collision. With laboratory. (Not for credit for electrical engineering majors). Prerequisite 222. Corequisite 325 475 Automotive Mechatronics (4) Overview of mechatronics; modeling, simulation, characterization and model validation of electro- mechanical devices; introduction to computer-aided software; basic automotive sensors; basic actuators and power train devices; principles of automotive and industrial electronic circuits and control systems (analog and digital); principles of product design; mechatronics case studies. With laboratory. Prerequisite 325 485 Design of Digital Chips (4) Techniques for rapid implementation and evaluation of Very Large Scale Integrated Circuits (VLSIC). Behavioral, functional, logic, circuit, device, physical fabrication, layout issues and pseudo nMOS technology, inverters, logic and transmission gates, switching characteristics and processing. Reliability, yield and performance estimation. Students design Application Specific Integrated Circuits (ASICs) using tool suites. Offered winter. Prerequisite 384 or equivalent 487 Integrated Electronics (4) Modern microelectronics processes and fabrication of integrated circuits. Crystal growth, wafer prepara- tion, photolithography, dielectric and polysilicon film deposition, epitaxial growth, oxidation, diffusion, ion implantation, etching, metallization and integrated circuits layout principles. Introduction to MOS- based and bipolar transistor-based microcircuits design and fabrication. Fabrication processing simulation using SUPREM. With laboratory and projects. Prerequisite 384 490 Senior Project (2 to 4) Independent work on advanced laboratory projects. Topic must be approved prior to registration. May be taken more than once 492 Senior Design (2) Capstone design project selected from electronics, communications, instrumentation and measurement, and control systems. Develops system approach to design: preparation of specifications, automotive and industrial electronics, scheduling, modeling, simulation, and technological, financial and environmental aspects. Teamwork is emphasized. Prerequisite 326, 378 and either 345 or 351. Corequisite 437 or 431 493 Senior Design (3) Prototyping, testing and completion of the project begun in 492. Presentation of results orally in class and in a documented final report. Prerequisite 492 494 Independent Study (2 to 4) Advanced individual study in a special area. Topic must be approved prior to registration. May be taken more than once 495 Special Topics (2 to 4) Advanced study of special topics in engineering. May be taken more than once 106 Machine Shop Practice (2) Introduction to basic machining principles and machine shop techniques, uses of lathes, milling machines and other power machines. Emphasis is on practical experience. 384 208 Computer-Aided Engineering Graphics (4) Engineering sketching, engineering drawing interpretation. Use of computer software in engineering graphics: 2D and 3D geometric construction; orthographic projection; multiview layout; sectional and auxiliary views; dimensioning and tolerancing; exploded assembly drawings; solid modeling; Boolean operations; surface creation and intersection; surface rendering. Offered fall, winter 221 Statics and Dynamics (4) Introduction to engineering mechanics. Static equilibrium of particles and rigid bodies; analysis of trusses, frames, machines; centroids, internal forces in beams, friction, moments of inertia. Dynamics of particles: kinematics, kinetics, energy and momentum methods. With laboratory. Offered fall, winter. Prerequisite 155. Corequisite 151 241 Thermodynamics (4) The fundamentals of classical thermodynamics. The various forms of energy, and the effects of con- versions and energy transfers on system and material properties. Thermodynamic property relationships are studied along with the fundamental laws of thermodynamics. Applications to engineering systems and processes. Laboratory emphasizes experimental design. Offered fall, winter. Prerequisite 143 155 151 321 Dynamics and Vibrations (3) Dynamics of systems of particles and rigid bodies: kinematics, kinetics, energy and momentum methods. Introduction to mechanical vibrations: free and forced vibrations of particles and single-degree-of-freedom systems of rigid bodies with and without damping. Offered fall. Prerequisite 221 257. Corequisite 325 331 Introduction to Fluid and Thermal Energy Transport (4) The fundamentals of fluid mechanics and heat transfer; conservation and momentum principles; viscous and inviscid flow; laminar and turbulent flow; introduction to viscous and thermal boundary layer theory; one-dimensional conduction heat transfer and characteristics and dimensionless correlations of convec- tion heat transfer; applications to engineering problems. Laboratory emphasizes experimental design. Offered fall, winter. Prerequisite 221, 241 254 and major standing 361 Mechanics of Materials (4) Introduction to the mechanics of deformable bodies: distribution of stress and strain in beams, shafts, columns, pressure vessels and other structural elements, factor of safety, yield and fracture criteria of materials with applications to design. With laboratory including two-dimensional truss and beam design on computer. Offered fall, winter. Prerequisite 221. Corequisite 372 372 Properties of Materials (4) The atomic, molecular and crystalline structure of solids, including a description of x-ray analysis, metallography and other methods of determining structure; correlation of structure with the electric, magnetic and mechanical properties of solids. With laboratory. Offered fall, winter. Prerequisite 143 152 and major standing 423 Acoustics and Noise Control (4) Introduction to vibrations and waves; plane and spherical acoustic waves; sound generation, transmission and propagation; sound intensity and power; principles and definitions of noise control; sound and hearing; hearing conservation; community, building and industrial noise control; measurement of sound. Offered spring. Prerequisite 331 257 438 Fluid Transport (4) Continued study of the fundamentals of fluid mechanics and their applications, angular momentum principle; generalized study of turbomachines, potential flow of inviscid fluids, laminar and turbulent boundary layer theory, dimensional analysis and similitude, compressible flow. With laboratory empha- sizing engineering design. Offered fall. Prerequisite 241, 331 and 257 385 439 Computational Fluid Dynamics (4) Overview of the physical and mathematical foundations of computational fluid dynamics (CFD). Practical numerical solution techniques for the Navier-Stokes equations; Finite difference and finite volume methods are covered, including discretization, stability analysis, time stepping and multigrid methods. Discussion of grid generation and complex geometries. Introduction to commercial software (Fluent/ Gambit). Students are expected to complete several computer projects. Offered fall, odd years. Prerequisite 331; Corequisites 438, or approval of instructor; knowledge of a programming language 443 Introduction to Plastics Materials and Technology (4) Fundamentals of plastic materials. Terminology and nomenclature for plastics. General topics dealing with plastics, such as structure, morphology, properties, etc. Focus on mechanical and physical properties and mechanical behavior of plastics. Technology related to plastics processing, testing, designing, and recycling is introduced. Prerequisite 372 444 Plastics Processing Engineering (4) Polymeric materials and their manufacturing related properties. Principles and design of extrusion, post extrusion processes, and molding and forming processes. Rheological behavior of polymer, melt-flow characteristics, and modeling and simulation. With laboratory. Prerequisite 331 443 445 Plastics Product Design (4) Design of plastic/composite products based on strength, stiffness, creeping, impacting, chemical and environmental deterioration. Effects of processing on part quality and performance. Design of plastic parts for manufacturability. Prototyping plastic parts. Design of plastic parts for joining and assembly. Use of software for structural analysis and design optimization. Prerequisite 443 448 Thermal Energy Transport (4) Continued study of properties and descriptions of conduction, convection and thermal radiation heat transfer; thermal boundary layer theory; forced and natural convection, heat transfer correlations. Thermodynamics of thermal radiation, radiation intensity, surface properties and energy exchange. Laboratory emphasizes experimental design and development of empirical relationships. Offered winter. Prerequisite 241, 331 and 257 449 Numerical Techniques in Heat Transfer and Fluid Flow (4) Overview of practical numerical solution techniques. Major emphasis is on concepts, methodology, and physics associated with the formulation of the discretization equations appropriate for the representation and solution of linear and nonlinear partial differential equations governing heat transfer and fluid flow. Personal and mainframe computers will be used for the solution of a variety of engineering and design problems. Offered winter. Prerequisite or corequisite 438 or 448 or equivalent 450 Computer-Aided Data Acquisition Analysis and Control (2) Introduction to and a \u201chands-on\u201d experience with computer-aided data acquisition, analysis and control as it relates to fluid and thermal experimentation and measurements. Topics include computer hardware and software, a variety of measurement and control instrumentation, communication between instrumen- tation and computer programming language, instrument operation and calibration, data acquisition and analysis. Design-oriented laboratory projects. Corequisite 482 454 Solar and Alternate Energy Systems (4) The analysis and design of energy conversion systems. Principles of optimum power transfer and efficiency. Availability analysis of systems for heating, chemical conversion and electrical generation. Emphasis on solar applications and alternative energy technology. Includes design project(s). With laboratory. Prerequisite 241 and 331. 386 456 Energy Systems Analysis and Design (4) The analysis and design of thermodynamic systems. Applications include thermodynamic cycles for power; thermodynamics of non-reacting mixtures including psychrometry; concepts of available energy and application to process/system optimization; the thermodynamics of reacting mixtures, including chemical equilibrium concepts, applied to combustion systems. Design project (and/or laboratory) required. Offered winter. Prerequisite 241 and major standing 457 Internal Combustion Engines (4) Introduction to thermodynamics, fluid mechanics and performance of internal combustion engines including: introduction to engine types and their operation, engine design and operating parameters, ideal thermodynamic cycles, thermodynamics of actual working fluids and actual cycles, gas exchange processes, heat losses, performance, exhaust gas analysis and air pollution. With laboratory. Offered fall. Prerequisite 456; senior standing 461 Analysis and Design of Mechanical Structures (4) Methods of advanced mechanics of materials applied to the design of mechanical structures. Topics include stress and strain analysis, force equilibrium, deformation compatibility, Castigliano\u2019s Theorem, torsion of noncircular cross-sections, torsion of thick-walled tubes, shear centers, nonsymmetric bending, and thick-walled cylinders. Offered fall. Prerequisite 361 467 Optical Measurement and Quality Inspection (4) Topics include the state-of-the-art optical methods such as holography, shearography, moire, three- dimensional computer vision, electronic speckle pattern interferometry and laser triangulation; with applications to measurement of displacement, vibrational mode shapes, material properties, residual stresses, three-dimensional shapes, quality inspection and nondestructive testing. Offered fall. Prerequisite 321, 361, and senior standing in Engineering 472 Materials Properties and Processes (4) Study of mechanical behavior of real engineering materials and how they influence mechanical design. True stress/strain properties of materials, plastic deformation and fracture of materials, failure theories, fatigue damage under cyclic loading, creep and high temperature applications. Material properties of engineering metals, ceramics and composites. Behavior of materials during and after manufacturing processes such as stamping, drawing, extrusion, etc. Offered winter and summer. Prerequisite 361, 372 474 Manufacturing Processes (4) Fundamentals and technology of machining, forming, casting and welding. Mechanics of cutting. Molding of polymers. Tolerancing and surface topography. Manufacturing considerations in design. Economics of manufacturing. Process assembly and product engineering. Offered fall and winter. Prerequisite 331, 372 475 Lubrication, Friction, and Wear (4) Study of fundamental wear mechanisms including: adhesive, abrasive, corrosive and surface fatigue. Boundary and hydrodynamic lubrication. Friction theories. Surface topography characterization. Appli- cations: journal and ball bearings, gears and engine components. Offered fall and spring. Prerequisite 372 and senior standing in Engineering 476 Product and Process Development (4) Topics include traditional and nontraditional approaches in product and process development and optimization, including conventional experimental mechanics and acoustic test methods. The Taguchi approach and other methods for design of experiments are used to study the interaction of variables and to attain optimization. Prerequisite 317. Corequisite 486 or 487 477 Concurrent Engineering (4) Principles of concurrent engineering including: manufacturing competitiveness, performance indicators, life-cycle management, strategic technology insertions, process re-engineering, cooperative work teams, supplier organization, information modeling and product realization taxonomy. Credit cannot be received for both 477 and 477. Prerequisite: Senior standing 387 482 Fluid and Thermal Systems Design (4) Study of systems involving fluid and thermal phenomena such as energy conversion, and fluid and thermal energy transport. Using fundamentals studied in prerequisite courses, component and system analyses, for the purpose of design optimization, are emphasized using integral, differential and lumped-parameter modeling techniques. The course focuses on the design process using design-oriented laboratory projects. Offered fall. Prerequisite 241, 331 and 257 484 Automotive Engineering Design (4) Tire forces and moments, rolling resistance of tires, tractive effort and longitudinal slip, tires on wet surfaces, ride properties of tires; equation of motion and maximum tractive effort, aerodynamic forces and moments, power plant and transmission characteristics, prediction of vehicle performance, operating fuel economy, engine and transmission matching, braking performance. Offered fall. Prerequisite: Senior standing 486 Mechanical Systems Design (4) Study of systems involving mechanical elements. Includes stress, strength, deflection, safety, economic and social considerations, optimization criteria and strategies. Analysis and design of fasteners, springs, welds, bearings, power transmitting elements and complex structures subjected to static and/or dynamic loads. Includes major design project. Offered winter and spring. Prerequisite 361 487 Mechanical Computer-Aided Engineering (4) Introduction to the use of state-of-the-art finite element technology in mechanical engineering analysis. Fundamentals of computer graphics, solid modeling , finite element modeling and interactive design. Analysis and evaluation of linear static and dynamic mechanical systems. Includes design project(s) in various topics. Offered fall and summer. Prerequisite 361. Corequisite 321 488 Mechanical Computer-Aided Manufacturing (4) Use of in various aspects of manufacturing processes and tolerance analysis; surface design, managing cloud points and reverse engineering; simulation of kinematics of machine tools; 3-axis surface machining; mold tooling design and measurement data analysis; assembly simulation and structural analysis, rapid-prototyping. Includes design projects in various topics. Offered winter. Prerequisite 361 fundamentals or permission from instructor 490 Senior Project (3 or 4) Work on advanced laboratory projects. Topic must be approved prior to registration. If taken as an alternative to 492, student must work as part of a team of at least two people. May be taken more than once. Prerequisite: Senior standing and consent of supervising faculty 492 Senior Mechanical Engineering Design Project (3) Team experience in engineering design of systems, components or processes involving mechanical and/ or fluid and thermal sciences. Emphasis will be given to the design process, utilizing the fundamental concepts, principles and methodologies encountered in earlier course work. Projects will be supervised by mechanical engineering faculty. Normally taken during senior year. Offered fall, winter. Prerequisite 331, 361 and approval of project faculty supervisor 493 Senior Manufacturing Engineering Design Project (3) Team experience in manufacturing engineering design, including materials and manufacturing processes; process assembly and product engineering; manufacturing productivity and quality; and manufacturing integration methods and system design. Projects will be supervised by mechanical engineering faculty. Must be taken only during the student\u2019s last semester before graduation. Offered fall, winter. Prerequisites 474 486 or 487 467 or 485 484 494 Independent Study (2 to 4) Advanced individual study in a special area. Topic must be approved prior to registration. May be taken more than once 495 Special Topics (2 to 4) Advanced study of special topics in engineering. May be taken more than once. 388 101 Introduction to Electrical and Systems Engineering (2) Basic problem solving techniques of electrical and systems engineering. Course is centered around design/ analysis projects which students carry out in small groups in a laboratory setting. One lecture/laboratory per week. Can be used to satisfy 101 requirement in systems engineering. Credit cannot be received for both 101 and 101 317 Engineering Probability and Statistics (3) Probability and statistics for discrete and continuous random variables; examples and problems from various areas of engineering illustrate developments and applications. Finite sample spaces, two or more events, random variables, distribution functions, expected value, two or more random variables; introduc- tion to statistics, sampling distributions, parameter estimation and hypothesis testing. Offered fall, winter. Prerequisite: Major standing. Corequisite 254 or 256 325 Lumped-parameter Linear Systems (3) Laplace transform methods, transfer functions and impedance concepts in the analysis of electrical and mechanical lumped-parameter linear systems. Natural and forced behavior of first-, second-, and higher- order systems. Relationship between pole-zero pattern and dynamic response. Frequency response methods; Fourier analysis of signals. Computer techniques for analysis and design. Offered fall, winter. Prerequisite 222 221 257 and major standing 422 Robotic Systems (4) Overview of industrial robots, their components and typical applications. Kinematics of robots and solution of kinematic equations. Trajectory planning and the Jacobian matrix. Robot programming languages and task planning. Laboratory experience in the development and implementation of a robot language environment using minirobots. Demonstrations and applications using industrial robots. Offered fall. Prerequisites 131 and 325 431 Automatic Control Systems (4) Performance specifications for feedback control systems. Modeling, transfer functions, block diagrams, signal flow graphs, Mason\u2019s formula. Static error coefficients, stability theory, Routh\u2019s criterion. Root locus and frequency response; Nyquist criterion. Design of proportional, integral and derivative controllers; compensation networks. Laboratory analysis of practical systems. Offered fall, winter. Prerequisite 325 433 Modern Control System Design (4) Design methodology for control systems via state space approach; modeling and transformation. Physical systems, time response, stability, transition matrix, state feedback control. Integrated system design, state observers. Analytical and computer simulations. Course includes a project to model, design, implement and evaluate a controller for a practical system. Offered fall. Prerequisite 431 458 Electrical Energy Systems (4) Generation, transmission and distribution of electrical energy. Analysis and design of three-phase circuits, representation of power systems and per unit normalization, symmetrical components and stability, unsymmetrical faults. Computer-aided problem solving included. Offered winter. Prerequisite 325 463 Foundations of Computer-Aided Design (4) Computer-aided design as the cornerstone of computer-aided manufacturing. Presentation and explora- tion of \u201cgeneric architecture. Mathematical representations of primitives, surfaces and solids and manipulation. Comparison of wire-frame, surface, 2-1/2 and solid models. IGES, STEP, CALS, and standards Description of \u201cfeature based CAD\u201d and the manufacturing link. Prerequisite: Major standing 469 Computer Simulation in Engineering (4) Simulation as modeling tool for discrete-event and continuous systems, general principles of simulation, statistical models, input modeling, random variable generation, model building using a commercial simulation language, model verification and validation, determination of run length, output analysis, variance reduction techniques. Design and optimization of production service systems. Offered winter. Prerequisites 317, 325 389 475 Automotive Mechatronics (4) Overview of mechatronics; modeling, simulation, characterization and model validation of electro- mechanical devices; introduction to computer-aided software; basic automotive sensors; basic actuators and power train devices; principles of automotive and industrial electronic circuits and control systems (analog and digital); principles of product design; mechatronics case studies. With laboratory. Prerequisite 325 477 Concurrent Engineering (4) Principles of concurrent engineering including: manufacturing competitiveness, performance indicators, life-cycle management, strategic technology insertions, process re-engineering, cooperative work teams, supplier organization, information modeling and product realization taxonomy. Credit cannot be received for both 477 and 477. Prerequisite: Senior standing 483 Production Systems (4) Design issues to control the flow of material in manufacturing systems from forecast to finished product. Topics include aggregate planning and disaggregation to a master schedule, inventory control systems, scheduling and sequencing, project planning and resource balancing, philosophy of lean manufacturing, theory of constraints and supply chain. Offered fall. Prerequisite 317 484 Flexible Manufacturing Systems (4) The components of flexible manufacturing systems machining centers, automated assembly, automated warehousing (AS/RS), inspection, material transport, programmable logic controllers and coordination; integration of to the FMS; production planning and control; factory simula- tion; implementation strategies. With laboratory. Offered winter. Prerequisite: Major standing 485 Statistical Quality Control (4) Fundamentals of statistical quality control , control charts for variable and attribute data, cusum charts charts, estimation of process capability, statistical tolerancing and sampling plans. Fundamentals of design of experiments and application to product/process design. Taguchi\u2019s approach to robust design and related topics. Offered winter and spring. Prerequisite 317 487 Foundations of Systems Engineering (4) Techniques for generation, analysis, and verification of traceable product requirements. System perfor- mance and structural modeling using object, behavioral, and other models. Techniques for analysis of system for serviceability, reliability, maintainability, and testability. System alternative trade-off study techniques. System life cycle and other tools for implementation of systems engineering techniques. Prerequisite: Senior standing 490 Senior Project (2 to 4) Independent work on advanced laboratory projects. Topic must be approved prior to registration. May be taken more than once 492 Senior Design (2) Capstone design project selected from manufacturing systems, automotive or industrial systems, instru- mentation and measurement, and control systems. Develops system approach to design: preparation of specifications, scheduling, modeling, simulation, and technological, financial and environmental aspects. Teamwork is emphasized. Prerequisite: Dynamics and Control Option 326, 378 431. Manufacturing Option 484, 485. Corequisite: Dynamics and Control Option 351. Manufacturing Option 422 or 483 493 Senior Design (3) Prototyping, testing and completion of the project begun in 492. Presentation of results orally in class and in a documented final report. Prerequisite 492. 390 494 Independent Study (2 to 4) Advanced individual study in a special area. Topic must be approved prior to registration. May be taken more than once 495 Special Topics (2 to 4) Advanced study of special topics in engineering. May be taken more than once 391 416 (248) 370-3229 Director: Carole L. Crum Faculty Council for General Studies: Scott Crabill, special instructor, Communication; Kathleen Galloway, assistant professor, Physical Therapy; Kellie Hay, assistant professor, Communication; Linda Hildebrand, assistant professor, Kresge Library; Alice Horning, professor, Rhetoric/Linguistics; Judith Hovey, assistant professor, Nursing; Yong-Shik Lee, assistant professor, Management and Marketing; Frank Lepkowski, associate professor, Kresge Library; Emmett Lombard, associate professor, Political Science; Michael Long, associate professor, Human Resource Development; Jerry Marsh, special instructor, Computer Science; Subbaiah Perla, professor, Mathematics and Statistics; Ann Pogany, assistant professor, Kresge Library; Erica Ruegg, assistant professor, Human Development and Child Study The Bachelor of General Studies The Bachelor of General Studies degree (B.G.S.) is a university-wide baccalaureate program that offers maximum flexibility and opportunity for student decision making about courses of study at Oakland University. The degree is primarily intended for students wishing to create a program to meet their individual goals through interdisciplinary study. Students entering the General Studies program design a program of study utilizing courses from many departments to prepare them for a particular job or career choice. Students may select courses from any field of study offered by an academic department, subject to prerequisites and policies set by the individual departments. This program offers students the opportunity to plan a unique and challenging academic program in cooperation with a General Studies faculty adviser. Students changing major into B.G.S. must meet the program requirements described in the catalog extant at the time of the change, or they may meet program requirements described in a subsequent catalog. Any catalog that students are following must not be more than six years old at the time of graduation. Frequently, students seeking the degree have earned academic credits from other colleges and have been encouraged by their employers to pursue a baccalaureate degree. The General Studies program has flexible policies on transfer credits from other institutions, and it provides a personalized program to meet the educational needs of individuals and employers. Students applying to the General Studies program are first admitted to pre-B.G.S. status. Students will be granted major standing upon approval of their plan of study and supporting rationale by the General Studies Faculty Advising Committee. The B.G.S. program is administered by the Department of General Studies (416 Varner Hall, 248-370-3229, [email protected]). Because the Bachelor of General Studies is an alternative to a traditional degree, it is not permissible to seek a double degree with the Bachelor of General Studies serving as one of those degrees. Two-Plus-Two program for associate degree holders The General Studies program allows students to combine broad liberal arts and professional courses from the university curriculum with associate degrees from Michigan community colleges. The two-plus-two program provides for transfer of up to 62 semester credits from accredited two-year community colleges in Michigan. Students with associate degrees in any area except nursing may qualify for the two-plus-two General Studies program. Holders of associate degrees in nursing are subject to a course by course evaluation. 392 The program requires that courses accepted for transfer must have a grade of or above, that at least 12 semester credits have been earned in liberal arts courses, and that all course work has been taken at accredited institutions. Certain developmental courses may be subject to individual evaluation. For additional information, see the Transfer student information section of the catalog. Advising Advising is central to the program as students design an individualized and unique program of study based upon their interests and needs. Students must follow a specific advising procedure as follows: 1. Meet with a General Studies counselor in a preliminary appointment. The counselor will explore the suitability of the program to student needs and interests. The counselor will also discuss student eligibility to enter the program. Students entering the program through a change of major or through the readmission process must have a cumulative grade point average of at least 2.00. Students on academic probation will not be considered for the program. 2. Be assigned a faculty adviser. When pre-B.G.S. has been declared as a program of study, students will again meet with the counselor to receive the plan of study form and rationale guidelines. Students and the counselor will mutually select a faculty adviser. 3. Develop a plan of study and rationale with the faculty adviser. Students will initiate a meeting with the faculty adviser to discuss their goals and the courses that may help achieve those goals. In addition to creating a plan of study, students will write a rationale for course selection. 4. Attain committee approval. After the faculty adviser approves them, the plan of study and rationale are returned to the General Studies office and sent to the Faculty Advising Committee for approval. When the plan of study and rationale have been approved by the committee, students will be granted major standing. 5. Make substitutions as needed to the plan of study. Students who want to take courses other than those listed on their approved plans of study must have the consent of their faculty adviser or a General Studies counselor. Plan of Study Substitution forms are available from the General Studies office or faculty advisers. They must be submitted to the General Studies office. Requirements for the degree in Bachelor of General Studies To earn the Bachelor of General Studies degree, students must meet the following requirements: 1. Successfully complete at least 24 credits at Oakland University as an admitted candidate for the Bachelor of General Studies degree, excluding courses used to meet the writing proficiency requirement or the general education requirement. Candidacy is authorized by the university and the Faculty Council for General Studies when a student\u2019s plan of study and supporting rationale have been approved by the General Studies Faculty Advising Committee. If the plan of study is not submitted in a timely manner, the credits in any current semester may be excluded from the plan of study. (See Advising above for additional information.) 2. Complete the writing proficiency requirement. 3. Complete the general education requirements. (See Undergraduate degree requirements.) 4. Complete the university ethnic diversity requirement. (See Undergraduate degree require- ments 393 5. Complete a minimum of 124 semester credits. 6. Complete 32 of those credits at the 300 or 400 level. 7. Complete 32 credits at Oakland University; complete the last 4 credits toward the degree at Oakland. Concentrations or minors General Studies students may wish to develop programs that include concentrations or minors offered by other academic schools or departments within the university. Approximately 65 minors and concentrations are available to General Studies students; a complete listing is available from the General Studies office. Forms for written approval of concentrations or minors are also available in the General Studies office (416 Varner Hall). Students should consult a General Studies counselor to determine policies and procedures on seeking minors or concentrations. Conciliar honors Conciliar honors are awarded to General Studies students by the Faculty Council for General Studies. There are two ways in which students may earn conciliar honors. Students who have cumulative grade point averages of 3.60 or better are automatically eligible for conciliar honors. Students may be nominated for honors if they have cumulative grade point averages between 3.30 and 3.59; students may nominate themselves or be nominated by a faculty adviser. Written nominations, accompanied by faculty recommendations, should be made on the basis of excellence in scholarship, appropriate community and university experience, and/or achieve- ment of academic distinction while overcoming extreme adversity. Nominations will be considered by the advising committee and will be forwarded to the faculty council for final approval. 394 363 (248) 370-3562 Fax: (248) 370-4227 Dean: Ronald E. Olson Office of the Dean: Kenneth Hightower, interim associate dean; Ronald M. Mattei, assistant dean; A. Jayne Berry, academic adviser Board of Visitors The Board of Visitors for the School of Health Sciences is composed of community leaders directly interested in issues of health and health care education. The board helps the school to encourage healthy living as a means to promote wellness and to encourage safety maintenance in the home and workplace. In addition, the board helps the school to develop curricula and continuing education initiatives to meet community needs regarding current knowledge about the delivery of health care. Board members offer advice on needed research and long-range planning for the school. Members of the Board of Visitors are: Anthony Tersigni, Ed.D., (Chair) Executive Vice President and COO, Ascension Health System John Hoffman, Ph.D., President, Safety Engineering Labs, Inc. Elliott Joseph, M.H.S.A., President and CEO, St. John Health System John Labriola, M.B.A., Senior Vice President and Hospital Director, William Beaumont Hospital - Royal Oak Patrick Lamberti, M.B.A., President and Medical Center Barbara Moore, M.S., R.N., Executive Vice President and COO, St. Joseph Mercy-Macomb Joseph Tasse, M.S., Chief Administrative Officer, Oakwood Healthcare Corporation General Information The School of Health Sciences offers degree and nondegree programs in health and medically related fields. Bachelor of Sciences degree options include health sciences, pre- physical therapy, industrial health and safety, medical laboratory sciences and wellness, health promotion, and injury prevention. Programs leading to the Master of Science degree include exercise science. The School of Health Sciences also offers a Doctor of Physical Therapy degree. Nondegree programs include exercise science at the undergraduate level and graduate certificates in orthopedic manual physical therapy, pediatric rehabilitation, orthopedics, neurological rehabili- tation, teaching and learning for rehabilitation professionals, clinical exercise science, comple- mentary medicine and wellness, corporate and worksite wellness, exercise science, and preventative medicine at the graduate level. Continuing education is offered by the School of Health Sciences Center for Professional Development in order to meet the educational needs of health sciences professionals. Specialized contract programs are also provided to meet the unique professional staff develop- ment needs of employers in health care, business and industry, government and other settings. Programs are individually tailored to meet the specific workplace needs of professionals and employers. Programs and courses are offered either for university credit or noncredit. When noncredit programs and courses are offered they carry the nationally recognized Continuing Education Unit (CEU). The Meadow Brook Health Enhancement Institute is a university facility of the School of Health Sciences. The institute offers programs addressing health promotion and disease prevention, including programs for health maintenance, cardiac rehabilitation, diabetic health 395 women\u2019s health, nutrition, weight control, stress management, smoking cessation, and others. The full-time staff of the institute provides these programs to the university community as well as to the public at large through individual or corporate associations. Admission to any program offered by the School of Health Sciences may be considered on a competitive basis if the balance between applicants and available instructional resources requires such action to maintain the academic integrity of the program. School programs with laboratory and internship components require that physical, cogni- tive, and psycho-social technical standards be met. Students with disabilities who have questions about meeting these standards are encouraged to contact the Office of Disability Support Services, 157 North Foundation Hall, (248-370-3266). High school students considering a major in any of the programs offered by the School of Health Sciences should consult the Admissions section of the catalog for specific preparation requirements. Health sciences core curriculum The health sciences core curriculum is a common component of introductory course work required for each of the baccalaureate programs offered through the School of Health Sciences except for the Wellness, Health Promotion, and Injury Prevention program. The core curriculum also represents an appropriate starting point for undecided health sciences students, since its flexibility allows for entry into any of the health sciences programs at Oakland University, as well as most health sciences degree programs at other universities. The programs in Industrial Health and Safety and in Wellness, Health Promotion, and Injury Prevention do not incorporate a preprofessional component; thus, students may declare these majors upon entry to the university. In this case, the core curriculum will be completed during the course of the two respective programs. Early completion of some of the core curriculum courses is recommended, since they are prerequisites to required advanced courses in the two respective programs. The academic requirements for each of the baccalaureate programs of the school are described in the pages that follow. In addition to the core curriculum, the requirements include additional prerequisite-level course work that complements the core curriculum, the program major course requirements, the university general education and ethnic diversity requirements and the university writing proficiency requirement. Students completing the core curriculum course work at Oakland University may, in some instances, substitute equivalent or higher level courses for core curriculum courses; this action must be approved by the appropriate program director and the School of Health Sciences Committee on Instruction. Students transferring from other universities or colleges to Oakland University must have their transcripts evaluated by the School of Health Sciences to determine which core curriculum or program course work requirements have been met. See Transfer student information for additional information. Core curriculum courses 111; 207 or 321 225 or 226 157-158 101-102 or 151-152 200** *See the academic requirements of the individual health sciences programs for core curriculum course preferences or requirements. **This course satisfies the university ethnic diversity requirement. Academic advising professional academic adviser is available to assist students with degree require- ments, plans of work, course scheduling, transfer course evaluation, establishing aca- demic goals, health career choices and the process of achieving major standing. The 396 health sciences advising office is located in 364 Hannah Hall (248-370-4195). Freshman and transfer orientation advising is required of all entering students. Thereafter, students are encouraged to make appointments with the adviser periodically to monitor their progress. Health sciences faculty members are also available to assist with curricu- lum and course questions once students are enrolled in health sciences major course work. To avoid delays in seeing an adviser, students are encouraged to schedule advising appointments during times other than early registration periods. Advisers are obligated to assist students in planning their programs. Ultimately, students are responsible for understanding and fulfilling the degree requirements for graduation as set forth in this catalog. Approved minors School of Health Sciences students may elect to complete a minor in another discipline offering such an option. It is recommended that students who are considering declaring a minor consult as early as possible with the School of Health Sciences academic adviser and the minor field adviser. Credits earned toward a degree in the School of Health Sciences can be counted also toward any minor to which they would otherwise apply that is offered by the other schools or the college. Petition of exception For students enrolled in health sciences programs, all petitions of exception must be reviewed by a faculty member or the academic adviser and reviewed by the appropriate program director before referral to the Health Sciences Committee on Instruction. See the Academic Policies and Procedures section of the catalog for further information (Petition of exception). Exercise Science Program Director: Brian R. Goslin Associate professors: Brian R. Goslin, Robert W. Jarski, Charles R. C. Marks, Clinical professors: Barry A. Franklin, Steven J. Keteyian, Murray B. Levin, Augustine L. Perrotta Clinical associate professors: John F. Kazmierski, Creagh E. Milford, Rajendra Prasad Adjunct assistant professors: Patricia Brooks, Scott Eathorne, Victoria Kimler, Jack T. Wilson Clinical assistant professors: Roger Byrd, Jeffrey H. Declaire, Mario J.C. DeMeireles, Albert A. DePolo, Johnathan Ehrman, Roland Gerhard, William E. Hill, Andrew J. Madak, Chandra S. Reddy Clinical instructors: Mary Ann Cukr, Nancy S. Kennedy, Sheldon Levine, Hans J. Stein The exercise science program offers elective courses for students interested in the relation- ship among physical activity, weight control, disease prevention, stress management and nutrition for optimal health and performance. Opportunities exist for students to establish personal programs of exercise, weight control, nutrition, stress management and substance abuse avoidance. Disease prevention and quality of life are components of many of the course offerings. Selecting courses in exercise science can be especially meaningful to students entering a health- related career, with the current emphasis placed on health promotion and disease prevention within the health care delivery system. Students can complete a baccalaureate degree in health sciences with an exercise science academic focus. See Health Sciences Program in this section of the catalog. For a description of the Master of Science in exercise science program, see the Oakland University Graduate Catalog 397 Minor in exercise science minor in exercise science is available to students seeking a formal introduction to the exercise science field. An undergraduate degree focusing on exercise science may be designed by including this minor in a Bachelor of Science in health sciences or a Bachelor of General Studies plan of work. Courses required for the minor include 201 204, 304*, 350*; and 6 credits from the following electives 101-105* (4 credits maximum will count toward the minor 103* and one other elective from 101-105 are required to satisfy the prerequisite for the M.S. in Exercise Science program), 202, 207*, 215, 321, 360, 405, 410, 425, 435, 445, 450, 465, 493 (2 credits maximum). Courses denoted with an asterisk (*) represent prerequisite courses for admission to the Master of Science in exercise science program. (An additional prerequisite for admission to this graduate program is 225 or 226 or 251.) Course Offerings Note regarding 101, 102, 104 and 105: Because of similar course content, students enrolling in more than one of these courses may not repeat the lectures or final examination, but must complete an independent project and/or a different final examination 101 Exercise (Jogging) and Health Enhancement (2) Examination of lifestyle factors related to disease prevention and improved quality of life. Combines regular walking-jogging exercise and health enhancement lectures. Fall and winter semesters 102 Exercise (Swimming) and Health Enhancement (2) Examination of lifestyle factors related to disease prevention and improved quality of life. Combines regular swimming exercise and health enhancement lectures. Fall and winter semesters 103 Exercise (Strength Training) and Health Enhancement (2) Examination of lifestyle factors related to disease prevention and improved quality of life. Combines regular strength training exercise and health enhancement lectures. Offered all semesters 104 Exercise (Aerobics) and Health Enhancement (2) Examination of lifestyle factors related to disease prevention and improved quality of life. Combines regular aerobic exercise and health enhancement lectures. Fall and winter 105 Cardiovascular Fitness Training (2) Examination of lifestyle factors related to disease prevention and improved quality of life. Combines exposure to walking-jogging exercise, aerobics exercise, standard cardiovascular training equipment, swimming exercise and health enhancement lectures. Offered all semesters 202 Introduction to Exercise Science (2) Introduction to the basic concepts from different areas of exercise science (e.g. motor learning, exercise physiology, biomechanics). Offered spring semester 204 Weight Control, Nutrition and Exercise (4) Exploration of the role of exercise and optimal nutrition in weight control/loss. Emphasis on effective eating, energy balance, physiology of weight loss, behavior modification and health risks of obesity. Includes practical laboratory experiences. Recommended for students wishing to develop successful weight loss/control skills and improved nutritional habits. Fall, winter and spring semesters 207 Safety and First Aid in Exercise Settings (2) Understanding of procedures in the immediate and temporary care of victims of an accident or sudden illness in exercise settings. Safety concerns regarding exercise facilities, equipment and programs. Certification in American Red Cross \u2018\u2018Responding to Emergencies\u2019\u2019 and \u2018\u2018Basic Life Support\u2019\u2019 upon completion. Fall, winter, and spring 215 Stress Management (2) Concepts and techniques to enable students to manage stress more effectively. Offered every term. 398 304 Exercise Physiology (4) Effects of exercise and physical training on the physiological systems of the body, with emphasis on cardio- respiratory systems. Includes muscle contraction mechanisms, circulatory and respiratory adjustment during exercise, and nutrition for physical activity. Laboratory experiences are provided for insight into the dynamics of human performance. Fall and winter semesters. Prerequisite 111 and 207 321 Basic Athletic Training (2) Identical with 321. Prerequisite 205, 207 350 or 300 350 Human Motion Analysis (4) The study of basic mechanical and kinesiological principles and their functions, interrelationships and involvement with the mechanics of human motion. Fall and spring. Prerequisite 205 360 Healthy Lifestyle Choices (2 biopsychosocial approach to exercise and other healthy lifestyle choices. Focus is on the dimensions of wellness, factors influencing lifestyle choices, the theory and practice of behavior change, and health promotion concepts. Credit will not be granted for both 360 and 560. Offered fall and spring. Prerequisite 100 204 or 304 or 201 401 Practicum in Exercise Science (5) Supervised experience in a wide variety of educational exercise science settings. Students must be approved to attend a practicum site prior to registration list of approved practicum sites is available through the program office. Offered all semesters. Prerequisite 304, 350, program permission 405 Health and Disease (2) Examination of the health and medical record with a focus on the history, physical exam, and laboratory and imaging studies. The pathogenesis of representative diseases that are lifestyle related are emphasized. Credit will not be granted for both 405 and 505. Offered winter semester. Prerequisite 111 and 207, or instructor\u2019s permission 205 recommended 406 The Brain and Disease (2) Reviews current neurological research on the brain in health in disease, including addiction, depression, stroke, viral infections, Alzheimer\u2019s and Parkinson\u2019s. Emphasis on multidisciplinary research studies on the role of exercise and nutritional antioxidents. Spring elective. Prerequisite 304 401 or permission of instructor 410 Clinical Biomechanics (2) The pathomechanics of the human musculoskeletal system. Topics include properties of human tissue, mechanisms of injury, pathokinesiology, and principles of musculoskeletal exercise prescription. Credit will not be granted for both 410 and 610. Offered fall semester in even-numbered years. Prerequisite 350 or instructor\u2019s permission 425 Exercise Electrocardiography (2) Theoretical and applied concepts of resting and exercise electrocardiography (ECG), the normal ECG, and factors contributing to abnormal ECG. Students experience exercise test applications of the and learn to recognize life-threatening arrhythmias. Credit will not be granted for both 425 and 625. Offered spring. Prerequisite 304 or permission of instructor 435 Environment and Human Performance (2) Human adaptation to major factors that can significantly influence human movement in diverse micro- and macro-environments, including temperature, altitude, precipitation, light, noise and sociocultural factors. Credit will not be granted for both 435 and 635. Offered fall semester in odd-numbered years. Prerequisite 304 399 445 Physical Activity and Aging (2) The effects of aging on physical work capacity, body composition, and cardiovascular, pulmonary, neuromuscular and musculoskeletal function. The principles for prescribing and conducting physical conditioning programs to retard the aging process are included. Credit will not be granted for both 445 and 545. Offered summer. Prerequisite 304 and 350 450 Children and Exercise (2) Physical activity and the growth, maturation, motor development, and motor learning of children from birth through adolescence. Skill and performance enhancement, exercise program design, biomechanics, and injury and disease prevention are discussed. Credit will not be granted for both 450 and 550. Offered summer semester in odd-numbered years. Prerequisite 304 and 350 465 Corporate and Worksite Wellness Programs (2) Concepts underlying corporate and worksite health promotion programs, including: health and exercise program planning, facility planning and design, program management, staffing, equipment selection, safety and legal issues, and marketing. Credit will not be granted for both 465 and 565. Offered spring. Prerequisite 304 or instructor\u2019s permission 493 Directed Study and Research (1, 2, 3 or 4) Special study areas and research in exercise science. May be repeated for additional credit. Offered every semester. Prerequisite: Program permission. Health Behavioral Sciences Program The concentration in Health Behavioral Sciences is currently under review and a limited number of courses are being offered. While courses are described below, it should be noted that in subsequent catalogs their rubric will change to a Health Sciences (HS) designation. Course Offerings The program offers selected courses from this catalog as warranted by student needs and availability of faculty. Specific offerings for each term may be found in the Schedule of Classes 200 Health Care Dimensions (4) Development, present status and dynamics of the American health care system, emphasizing structure of the various health professions and the problems, opportunities and constraints of health care delivery and professionalism. Other topics are relationships between the health care cultures and personality and professional roles of health care practitioners, and issues involving hospitals and health care. Satisfies the university ethnic diversity requirement 359 Public Policy and Health Care (4) Identical with 359 450 Law, Values and Health Care (4) An examination of the legal concepts, problems and institutions that shape and control professional responsibility, the problems associated with maintaining and terminating life, licensure and related questions in the organization and delivery of health care services. Health Sciences Program Professors: Gary D. Russi, Ronald E. Olson, Kenneth R. Hightower Clinical professors: Bernard Bercu, Daniel E. DeSole, Moon J. Pak Clinical associate professor: Frank E. Check, Michael Musci 400 Adjunct associate professor: Guido Giarelli Clinical assistant professors: Gian Carlo Decimo, Muhammad N. Kahn, Todd Lininger, Kanamarlapudi Rao, Jeffrey P. Yanez Adjunct assistant professor: Anthony Tersigni Consulting assistant professor: Steven King Bachelor of Science in health sciences degree combines a broad spectrum of liberal arts, basic sciences, social sciences and health sciences course requirements and electives for students who desire a generalized health sciences academic credential. In addition, students choose one of four academic focus areas to obtain greater exposure to a specific health discipline. These four focus areas include exercise science, industrial health and safety, prephysical therapy and preprofessional studies. Students completing the exercise science focus area obtain all the academic course prerequisites necessary for consideration for admission to the Master of Science in exercise science program. The industrial health and safety focus area provides exposure to the fundamental principles of this profession in preparation for further study in this field or as a complement to another career. The prephysical therapy focus area prepares students for the traditional application requirements for the Oakland University Doctor of Physical Therapy (DPT) Program. The preprofessional focus area incorporates basic science courses to prepare students for the traditional application requirements for medical, dental, optometric and other professional schools. Requirements for the B.S. degree with a major in health sciences 1. Complete the writing proficiency requirement. In satisfying this requirement, students may need to complete 150 and 160 (with grades of 2.0 or better), or their equivalents at another college or university. Not all credits associated with these courses will apply to the 128-140 credits required for the degree. 2. Meet the university general education requirements (see Undergraduate degree require- ments). In completing the health sciences core curriculum and additional required courses which complement the core curriculum, health sciences majors will automatically satisfy the requirements in mathematics, logic and computer science; natural science and technology; and social science. 3. Complete the university ethnic diversity requirement. For health sciences majors, this requirement is satisfied by completing the health sciences core curriculum course 200. 4. Complete the health sciences core curriculum (see Health sciences core curriculum 141 is the required math core course for this program. 5. Complete these additional required courses which complement the core curriculum 205 or 381 206 or 322 450 or 302 or 318 401 158 100 or 130. 6. Complete the prescribed number of credits from the following courses 325 201 125 215, 304, 321, 360, 405, 445, 493 335 201, 331, 451 305, 306, 315, 316 210 122 or 154 225 or 321 or 323 250, 333, 338, 344 328. The preprofessional academic focus requires 26 credits. The industrial health and safety academic focus requires 26 credits, which must include all courses listed above. The exercise science academic focus requires 22 credits, which must include 304 201 and 451, and 250. 7. Demonstrate evidence of computer literacy. This can be done by completing 125 (elective in paragraph 6) or by completing an appropriate self-study or community education course 401 8. Complete the course requirements specified under one of the four academic focus areas (exercise science, industrial health and safety, pre-physical therapy, or preprofes- sional studies). Exercise science academic focus course requirements Students completing the Bachelor of Science in health sciences with an academic focus in exercise science must complete a minimum of 128 credits, including the following courses: 1 101-105 103 and 1 other course 204, 207, 350, 401 344 (preferred) or 321, 323, 333, 338. 2. Complete 10 credits from the following list of electives 202, 215, 321, 360, 405, 410, 425, 435, 445, 450, 465, 493. Industrial health and safety academic focus course requirements Students completing the Bachelor of Science in health sciences with an academic focus in industrial health and safety must complete a minimum of 136 credits, including the following courses: 1 205 234, 235 201 141 158. 2. Complete all math and science prerequisite courses within the health sciences core curriculum and all major courses with grades of 2.0 or higher. Pre physical therapy academic focus course requirements Students completing the Bachelor of Science in health sciences with an academic focus in pre physical therapy must complete a minimum of 136 credits, including the following requirements: 1 201, 451 204. 2 210 207, 304, 350 225, 321 or 323 250. 3. Minimum of 10 elective credits 300/400 level from the following course list 323, 324, 325, 326, 341 453, 454, 457 360, 405, 410, 425, 435, 445, 450, 465, 493 321, 323, 333, 338 328 335 (any 300/400 level 331, 405 359 326 490. Preprofessional academic focus course requirements Students completing the Bachelor of Science in health sciences with an academic focus in preprofessional studies must complete a minimum of 128 credits, including the following courses 113, 323, 324, 325, 326, 341 234, 235, 237, 238. Course Offerings The school offers selected courses from this catalog as warranted by student needs and availability of faculty. Specific offerings for each term may be found in the Schedule of Classes 101 Careers in Health (0) An introduction to programs and career opportunities offered through the School of Health Sciences. Class meets only the first week of the fall semester. Not graded 201 Health in Personal and Occupational Environments (4) Current information about the impact of environmental and lifestyle factors on health. Examination of issues related to human exposure to physical, chemical and biological stresses. The impact of exercise, weight control, substance abuse, nutrition and stress management on a person\u2019s ability to cope with environmen- tal stresses will be analyzed. Satisfies the university general education requirement in natural science and technology. 402 301 Human Nutrition and Health (4) Chemical, biological, social and psychological elements of human nutrition. Constituents of food and their functions in human health and disease. Offered spring term 331 Pharmacology (2) An introduction to the principles of pharmacology, including the principles of drug therapy and the actions of the basic classes of drugs. Will satisfy requirements for 230. Prerequisite 207 or 321 401 Introductory Pathology (4) Basic principles of human pathology appropriate for students pursuing curricula in the health-related disciplines. Diseases of the major systems of the body are studied. Credit will not be granted for both 401 and 501. Prerequisite 111 and 207 or 321 405 Special Topics (2, 3 or 4) May be repeated for additional credit. Prerequisite: Permission of instructor 406 The Brain and Disease (2) Reviews current neurological research on the brain in health in disease, including addiction, depression, stroke, viral infections, Alzheimer\u2019s and Parkinson\u2019s. Emphasis on multidisciplinary research studies on the role of exercise and nutritional antioxidents. Spring elective. Prerequisite 304 401 or permission of instructor 451 Mind-Body Medicine (2) Examines the role of stress, emotions and other psychological states that bring about physiological changes affecting health and disease. Topics include psychoneuroimmunology, stress management, guided imagery, the relaxation response, exercise, nutrition, laughter and humor, and the role of personality. Applications include patient motivation, empowerment and variability in response to treatment 490 Directed Study (1, 2, 3 or 4) Student-initiated and problem-oriented directed study focusing on health sciences issues. May be repeated for additional credit. Graded numerically or S/U. Prerequisite: Departmental permission. Industrial Health and Safety Program Director: Charles W. McGlothlin, Jr. Associate professor: Richard J. Rozek Assistant professor: Charles W. McGlothlin, Jr. Adjunct associate professor: John M. Hoffmann Adjunct instructors: Frank M. Cleary, Melissa Eddy, Patrick R. Frazee, Darryl C. Hill, Daniel Maser, Sarunas S. Mingela, Rico J. Odorico, Barbara R. Ondrisek, Thomas W. Schenk, James M. Weiskopf, Andrew P. Wood Industrial health and safety is a specified branch of the health professions focusing on the environment of workers. Protecting America\u2019s workers and the general public from injury and illness in today\u2019s age of technological advancement has become one of the most challenging and rewarding professions available. Industrial health and safety professionals strive to identify, evaluate and eliminate or control hazards which expose people, property or the environment to danger or harm. The profession is concerned with prevention of injuries or occupational diseases that may occur with the interaction between the worker and the chemical, physical, biological, ergonomic, mechanical, electrical and other forces in the work environment 403 The Industrial Health and Safety (IHS) program is multi-disciplinary in nature, providing students with relevant exposure to basic sciences and behavioral science subjects as well as a thorough introduction to industrial hygiene and industrial safety concepts one-semester internship in the senior year of the program provides students with firsthand field experience in the practice of industrial health and safety. Internship placements are coordinated through the program and include, manufacturing, construction, service, consulting, labor and govern- ment organizations. Graduates of the program will find employment opportunities within industrial firms; insurance companies; professional associations; local, state, and federal government; and labor organizations. Oakland\u2019s proximity to many of the nation\u2019s leading industrial companies provides a wealth of opportunities throughout the curriculum, particularly for the internship placements. Program educational objectives The Industrial Health and Safety program contributes to the institution\u2019s mission by offering a high quality baccalaureate degree that meets and exceeds the educational outcomes-based criteria established by the American Society of Safety Engineers (ASSE) for a B.S. degree in a safety-related career field. The educational objectives of the Industrial Health and Safety program are designed to prepare students to: 1. enter the industrial health and safety profession as a generalist with the skills necessary for success; 2. use the techniques, skills, and modern scientific and technical tools necessary for professional practice; 3. become proficient in written composition and oral communications; 4. apply knowledge of mathematics and science to analyze and interpret data necessary to resolve safety and health related issues; 5. anticipate, identify, and evaluate hazardous conditions and practices; 6. formulate hazard control designs, methods, procedures, and programs; 7. function on multi-disciplinary teams; 8. recognize the impact of solutions within a global and societal context; 9. understand ethnical and professional responsibility; 10. pursue successfully graduate study in health and safety; and 11. appreciate the need to continue professional development through graduate study, professional certification, and to become life-long learners. Requirements for the B.S. degree with a major in industrial health and safety Students seeking the Bachelor of Science degree with a major in industrial health and safety must complete a minimum of 136 credits, including the following requirements: 1. Complete the writing proficiency requirement. In satisfying this requirement, students may need to complete (with grades of 2.0 or better 150 and 160 or their equivalent at another college or university. 2. Meet the university general education requirements (see Undergraduate degree require- ments). In completing the health sciences core curriculum, industrial health and safety majors will automatically satisfy the requirement in natural science and technology. 3. Complete the university ethnic diversity requirement. For industrial health and safety majors, this requirement is satisfied by completing the health sciences core curriculum course 200. 4. Complete the health sciences core curriculum. The biology sequence of 111, 207 is preferred. 404 5. Complete 205 234-235 201 141 and 158, which complement the core curriculum. 6. Complete the major courses 300, 303, 305, 306, 307, 308, 315, 316, 319, 325, 403, 415, 430, 464, 470 480 or 490 and 495 470 may only be taken by students with major standing, a minimum 2.00 in all prerequisite courses, and with permission of the program director.) 7. Complete all math and science prerequisite courses within the health sciences core curriculum and all industrial health and safety required courses with grades of 2.0 or higher. Minor in industrial safety minor in industrial safety is available to students majoring in other programs, such as environmental health, general studies, engineering, biology or chemistry. Courses required for the minor include 300, 303, 305, 306, 307, 308, 315, 316, 319, 415, 464. Grade point policy Industrial health and safety majors must achieve minimum course grades of 2.0 in science core prerequisite courses and in required courses final course grade below 2.0 places a student on probation, which requires a meeting with the program director or a designated representative to discuss a method of remediation. In most cases, the method of remediation involves repeating the course in which the unsatisfactory grade was earned. See Repeating courses for additional information. Course Offerings The program offers selected courses from this catalog as warranted by student needs and availability of faculty. Specific offerings for each term may be found in the Schedule of Classes 210 Safety and Health at Work (2 general introduction to safety and health on the job including injury and illness prevention, emergency response, accident investigation, relevant legislation, and current topics. It is recommended for business, engineering, prelaw, health professions or general studies students. Due to its condensed nature, it may not be used to meet major requirements. Prerequisite: None 300 Industrial Experience (1) Introduces students to various industrial environments through site visits and/or guest speakers and provides first hand experience of how health and safety professionals function in the workplace. Prerequisite: None 303 Safety Training Methods (3) Provides in-depth study of training methods required to conceptualize, prepare, deliver, and evaluate training directed at the adult learner. Course includes hands-on experiences in conducting a training needs assessment, establishing learning objectives, developing curricula, pertinent to needs of participants using different types of media and developing training evaluation tools. Prerequisite: None 305 Industrial Environment I: Evaluations (3) Basic concepts in the recognition, measurement and evaluation of chemical, physical (noise, radiation, extreme thermal conditions, etc.) and biological (blood borne pathogens, allergens, etc.) hazards in the industrial environment. Prerequisite 235 158 306 Industrial Environment II: Controls (3) Principles and practices on the control aspects (engineering, administrative, and personal protection) of chemical, physical and biological hazards in the industrial environment. Prerequisite 305 405 307 Occupational Safety and Health Standards (3) Current regulations and standards promulgated by the Occupational Safety and Health Administration of the U.S. Department of Labor, with specific emphasis on Michigan safety and health standards. Prerequisite: None 308 Industrial Environmental Lab (2) Quantitative monitoring techniques for measuring and evaluating environmental stress in the industrial workplace. Corequisite 306 315 Industrial Safety I: Engineering and Technology (3) Safety principles and practices in the industrial environment. Engineering and technical information are discussed. Prerequisite: None 316 Industrial Safety II: Administration and Programs (3) Management aspects of the industrial environment. Administration techniques, governmental regulations, and programs for health and safety management are discussed. Prerequisite: None 319 Fire Prevention and Protection (3) Fundamentals of flame generation and propagation, fire behavior in open and confined spaces, theory of fire fighting methods, fire detection and suppression, property loss control and life safety. Prerequisite 315 or 316 or instructor permission 325 Accident/Incident Investigation and Systems Safety Analysis (3 review of methodologies for accident and incident investigation and analysis. Topics include data collection, investigative methodologies, interviewing techniques, techniques of data analysis, reporting formats, systems safety, and developing recommendations to prevent recurrence. Prerequisite 316 or instructor permission 403 Industrial Toxicology (3) Introduction to the basic concepts and techniques of toxicology, with special attention given to the industrial environment. Evaluation of the toxic effects of substances and toxic responses to various substances. Prerequisite 207 235 306 410 Health Care Facility Safety (3) Critical health care associated risks, such as blood borne diseases, radiation, medical waste handling and back injuries, as well as the general topics of ergonomics, construction, hazardous waste and fire safety as they relate to diverse health care facilities. Prerequisite 315 or instructor permission 415 Construction Safety (3) Construction safety practices and principles with an overview of program development, legislative issues and special concerns of the construction industry with respect to worker safety. Prerequisite: None 420 Robotic and Automation System Safety (3) Information and issues related to worker safety in industrial environments where robots are used. The state- of-the-art of advanced automation will be surveyed, with emphasis on system safety and injury prevention features required to assure an adequate worker/robot interface. Prerequisite 315 423 Radiation Safety (3) Safety aspects of occupational hazards associated with the use of ionizing radiation in industry. Methods for the identification, evaluation and control of potential worker overexposure conditions will be reviewed. Biological effects of acute and chronic worker exposure will also be reviewed. Prerequisite 306 102, 158 or permission of instructor 430 Environmental Standards (3) Examines air, water, hazardous waste, pesticide and chemical regulatory standards. Topics will be analyzed in terms of standard development, enforcement at state and federal levels, and the validity of the standard\u2019s ability to protect health and the environment. Prerequisite: None. 406 451 Industrial Ventilation (3) Design and control applications for reducing worker exposure to airborne contaminants. Concepts and principles of dilution and local exhaust ventilation. Methods for assessment of industrial ventilation systems required to prevent the accumulation of flammable or explosive concentrations of gases, vapors or dusts. Prerequisite 306, 315 158 453 Industrial Noise Control (3) Concepts in engineering controls required in the management of noise overexposure in industrial environments. Analysis of engineering design options and mechanical modifications effective in control- ling worker exposure to undesirable industrial noise. Prerequisite 306 158 460 Introduction to Epidemiology (3) Introduction to the uses of epidemiology in public health practice, using selected diseases to illustrate the development of knowledge on disease causation and the application of such knowledge to disease control. Prerequisite 225 or 226 464 Introduction to Ergonomics (3) Ergonomics and related change management concepts; anthropometry, biomechanics, metabolic energy expenditure, capabilities and limitations of workers; design and analysis of the workplace, hand tools, controls and products; application of the lifting guidelines and other standards. Prerequisite 205 or 300 and 305. Cross-listed with 420 470 Industrial Health and Safety Internship (4) An experiential learning capstone in industrial health and safety in close collaboration with professional health and safety practitioners to expose the intern to health and safety problem identification, evaluation, and control and to health and safety program planning and evaluation. May only be taken by students with major standing and minimum 2.0 in all courses. Graded S/U. Prerequisite: Program director permission. School of Health Sciences core and 306, 307, 308, 316, 325, 415, 430, 464 480 Special Topics in Industrial Health and Safety (2, 3, or 4) Instructor initiated research and investigation into current topics of special interest in the career field of industrial health and safety. Prerequisite: Program director permission 490 Directed Study and Research in Industrial Health and Safety (1, 2, 3 or 4) Student initiated and problem-oriented independent research and study focusing on occupational health and safety issues. May be repeated for additional credit. Graded S/U. Prerequisite: Program director permission 495 Industrial Health and Safety Capstone Course (3) Develops a comprehensive, site-specific health and safety program for an industrial employer that address key health and safety management elements identified by NSC, OSHA, and other appropriately referenced sources. In addition, develops comprehensive implementation, administration, training, and management plans to ensure the program gains management support and employee involvement. Prerequisite: Program director permission. School of Health Sciences core and 306, 307, 308, 316, 325, 415, 430, 464. Medical Laboratory Sciences Program Director: Mary Ann Weller Professor: J. Lynne Williams Assistant professor: Mary Ann Weller Clinical professors: John D. Crissman, Howard J. Dworkin, Noel S. Lawson, Joan C. Mattson, Frank A. Vicini Clinical associate professors: Barbara Anderson, Ali-Reza Armin, Sudha Kini 407 Adjunct associate professor: Gilbert Herman Clinical assistant professors: Elena I. Dvorin, Rebecca Coapman Hankin Adjunct assistant professor: Janet Castillo Clinical instructors: Michele M. Beauvais, Cheryl Culver-Schultz, Vanessa L. Gates, Maria M. Hardy, M. Patricia Harvey, Margaret M. Kluka, Ross R. Lavoie, Larry D. Meakem, Paul M. Nuechterlein, Mary L. Premo, Joseph Roszka, Joyce A. Salancy, Cheryl Schultz, Laura L. Ochs, Carol A. Watkins, Peggy A. Wenk Adjunct instructor: Jean Garza The medical laboratory sciences program is designed to prepare students for professional opportunities in a variety of settings. Graduates may find employment in hospital or commercial clinical laboratories, research laboratories or public health facilities. Positions within biomedical corporations, including research and development, quality assurance and sales or service may also be prospective sources for employment. Furthermore, because it meets basic academic requirements, the medical laboratory sciences curriculum provides excellent preparation for entry into postbaccalaureate professional programs including medicine, dentistry and osteopathy. Medical laboratory sciences is a very diversified field. In response to new technologies, many areas of specialization have evolved within the profession to ensure the expertise of individuals performing the required tasks. The medical laboratory sciences program at Oakland University addresses several specializations including clinical laboratory science (formerly medical technology), cytotechnology, histotechnology, nuclear medicine technol- ogy and radiation therapy technology. As health care professionals, medical laboratory scientists play an integral part in patient care. Some are involved in detection and diagnosis of disease. Others provide therapy to patients. In general, cytotechnologists and histotechnologists are involved in the diagnosis of disease based on alterations in cells or tissues. Clinical laboratory scientists (formally medical technologists) perform a wide range of diagnostic tests, including chemical, microscopic, bacteriological and immunological proce- dures used in the diagnosis and study of disease. Nuclear medicine technologists use small amounts of radioactive materials for diagnostic evaluation of the anatomic or physiologic conditions of the body and to provide therapy with radioactive sources. Radiation therapists use ionizing radiation in the treatment of cancer. Generally, employment in a hospital or community clinical laboratory requires certifica- tion in a specialization field. Students are eligible to sit for national certification examinations in their specialization upon completion of the appropriate internship at an accredited institution. Professional certification is obtained by successfully passing the examination. Students may be admitted as medical laboratory science majors directly from high school or by transfer from other colleges or universities. As described below (Admission to clinical specialization internship), with the exception of clinical laboratory science, students have the option of earning the medical laboratory sciences degree by completing a hospital-based clinical specialization internship program. Acceptance into the internship programs is competitive and is based on grade point average, personal interview and letters of recommen- dation. The application process for each of the specializations is unique. Students are advised to read carefully about their chosen specialization. All students must declare their choice of specialization by the end of sophomore year. They must complete a departmental program application at this time. The declaration of and acceptance into a student\u2019s chosen specialization shall define specialization standing for course prerequisites and professional course requirements. The junior and senior year curricula will vary depending upon the specialization. Students not wishing to pursue professional certification or not accepted by a clinical internship program may complete the medical laboratory sciences degree by following the 408 academic program for the specialization of their choice and substituting adviser-approved electives for the clinical year (internship) course work. Such students will be eligible to apply for clinical internship opportunities either before or after graduation, if desired. However, only those students accepted into the radiation therapy internship program will be allowed to enter the radiation therapy junior year curriculum (hospital based program). Requirements for the B.S. degree with a major in medical laboratory sciences Students pursuing specializations in cytotechnology, histotechnology, nuclear medi- cine technology, or radiation therapy must complete a minimum of 136 credits, including the following requirements. Students pursuing the specialization in clinical laboratory science must complete a minimum of 128 credits, including the following requirements. Preprofessional program 1. Complete the writing proficiency requirement. In satisfying this requirement, students may need to complete 150 and 160 (with grades of 2.0 or better), or their equivalents at another college or university. Not all credits associated with these courses may apply to the degree. 2. Meet the university general education requirements (see Undergraduate degree require- ments). In completing the health sciences core curriculum, medical laboratory sciences majors will automatically satisfy the requirements in mathematics, logic and computer science, and in natural science and technology. 3. Complete the university ethnic diversity requirement. For medical laboratory sciences majors, this requirement is satisfied by completing the health sciences core curriculum course 200. 4. Complete the health sciences core curriculum 121 or 141* is required for this major. 5. Complete the following required preprofessional courses 205, and 206* or 322 234 201, 210. Professional program 6. Complete the professional course requirements specified under one of the five medical laboratory sciences specializations (clinical laboratory science, cytotechnology, histotechnology, nuclear medicine technology, or radiation therapy). 7. Complete all medical laboratory sciences major program course work with a cumulative of 2.50 or higher. *Radiation therapy majors must take 141 and 206. **All specializations except radiation therapy. Admission to clinical specialization internship To be accepted in a clinical specialization internship, students must submit a formal application for each program for which they seek consideration. Applications for the cytotechnology, histotechnology, and radiation therapy internship programs are processed in the winter semester of the sophomore year (or following completion of the health sciences core and core-complement curriculum). Applications for nuclear medicine internships are processed during the winter semester of the junior year and applications for the internships are processed during the fall semester of the senior year. It is recommended that students have a 3.00 overall GPA. Students with lower grade point averages may be admitted provisionally pending satisfactory completion of appropriate fall semester, junior-year course work 409 Grade point policy Students must maintain a cumulative of 2.50 in all course work applied to the medical laboratory sciences major. Students in a specialization will be placed on probation if they earn a grade less than 2.0 in any course or if their cumulative grade point average in major course work falls below 2.50. Students who earn a second grade less than 2.0 must have their programs reviewed by the faculty to determine remediation or termination from the program. In order to remove probationary status, students must raise their major grade point average to 2.50 or higher. Specialization in clinical laboratory science (medical technology) Medical technologists perform diagnostic tests that afford important information to determine the presence, extent or absence of disease and provide data to evaluate the effectiveness of treatment. They work with all types of body tissues and fluids, from blood and urine to cell samples. Major areas of specialization within the laboratory are hematology, clinical chemistry, microbiology, serology, urinalysis and immunohematol- ogy (blood bank). Students may apply for specialization standing in after completing the preprofessional program, generally at the end of the sophomore year. The junior and senior years consist of the prescribed professional course requirements at Oakland University clinical internship is required for national certification as a clinical laboratory scientist (certification required for most hospital and private laboratory employment positions). Application to clinical internship (if desired) is made during the fall semester of the senior year. Internships are six or nine months (depending on the clinical site), and may be done post-graduate. Oakland University is affiliated with the following accredited clinical programs: Detroit Medical Center University Laboratories, Detroit; St. John Hospital, Detroit; William Beaumont Hospital, Royal Oak, and the Wayne State University/Oakland University clinical consortium. Clinical laboratory science specialization professional course requirements Students in the clinical laboratory science specialization must complete the following courses 325, 423, 465, 466 450 313, 314, 316, 317, 326, 327, 328, 330, and 401. Specialization in cytotechnology Cytotechnologists are trained medical laboratory scientists who detect disease by light microscopic examination of cell samples from all areas of the human body. They are responsible for the collection, preparation and staining of specimens consisting of cells which have been shed, abraded or aspirated from body tissues. Cytotechnologists are able to detect abnormal cells and provide preliminary diagnostic information. Students may apply for specialization standing in cytotechnology after completing the preprofessional program. Application to the hospital-based internship is made during the winter semester of the sophomore year. Students will be informed of acceptance in June and begin the internship in August of the next calendar year. Application for specialization standing and internship usually coincide for cytotechnology. The junior year consists of the prescribed professional course requirements at Oakland University. The senior year consists of a 12-month internship at an approved hospital school of cytotechnology. The internship includes an integrated presentation of didactic material, microscopic study, specimen preparation, clinical observation, cytogenetics, laboratory management and a research project. The following Detroit area hospitals offer a cytotechnology internship in affiliation with Oakland University: The Detroit Medical Center University Laboratories and Henry Ford Hospital. 410 Cytotechnology specialization professional course requirements Students in the cytotechnology specialization must complete the following courses 305, 306, 307, 325, 341, 393 and 423 450 401 312 and 401; and 401 and 402. Specialization in histotechnology Histotechnologists perform a variety of diagnostic and research procedures in the ana- tomic sciences. During the clinical internship, students will learn histologic techniques which involve processing, sectioning and staining of tissue specimens that have been removed from humans or animals by biopsy, surgical procedures or autopsy. Advanced techniques include muscle enzyme histochemistry, electron microscopy, immunofluores- cence and immunoenzyme procedures, molecular pathology techniques including in situ hybridization and image analysis, and medical photography. Techniques in education methodology, management, research, technical writing and presentation of scientific infor- mation are also included in the curriculum. Students may apply for specialization standing in histotechnology after completing the preprofessional program. Application to the hospital-based internship is made during the winter semester of the sophomore year. Students will be informed of acceptance in June and begin the internship in August of the next calender year. Application for specialization standing and internship usually coincide for histotechnology. The junior year consists of the prescribed professional course requirements at Oakland University. The senior year consists of a 12-month internship at The William Beaumont Hospital School of Histotechnology. Histotechnology specialization professional course requirements Students in the histotechnology specialization must complete the following courses 305, 306, 307, 325, 341, 423 450 401 312, 327, 401 401, 402, 403 and 404. Specialization in nuclear medicine technology Nuclear medicine technologists utilize small amounts of radioactive materials for diagno- sis, therapy and research. Diagnosis can involve organ imaging using gamma counters to detect radioactive material administered to the patient or analysis of biologic specimens to detect levels of various substances. Therapeutic doses of radioactive materials are also given to patients to treat specific diseases. Students may apply for specialization standing in nuclear medicine technology after completion of the preprofessional program. Application for specialization standing occurs at the end of the sophomore year. Application for the hospital-based internship is made during winter semester of junior year as the student approaches completion of the prescribed professional course requirements. Students will be informed of acceptance in June and begin the internship in August. The senior year consists of a 14-month affiliation at an approved hospital school of nuclear medicine. Nuclear medicine technology specialization professional course requirements Students in the nuclear medicine technology specialization must complete the following courses 325, 423 125 450 331, 401 312, 326, 327, 328 158 401 and 402. Specialization in radiation therapy Radiation therapy uses ionizing radiation to treat disease, especially cancer. The radiation therapist has the technical skills to plan, deliver and record a prescribed course of radiation. Their primary responsibility is to implement treatment programs prescribed by a radiation oncologist. Practice of this profession requires good judgment and compassion to provide appropriate therapy 411 Students may apply for specialization standing in radiation therapy after completion of the preprofessional program. Students applying to the radiation therapy program must take the Allied Health Professions Admissions Test. Application is made during the winter semester of sophomore year. Students will be informed of acceptance in June and begin the two-year clinical program in August. The junior and senior years consist of didactic work and the supervised clinical experience in the Radiation Therapy Department at William Beaumont Hospital. Radiation therapy specialization professional course requirements Students in the radiation therapy specialization must complete the following courses 301, 311, 315, 321, 323, 331, 333, 334, 335, 341, 342, 343, 344, 401, 402, 403, 404, 405 and 406. In addition, students must demonstrate evidence of computer literacy. This can be done by completing 125 or by completing an appropriate self-study or community education course. Preprofessional studies in medicine, dentistry, optometry, veterinary medicine and physician assistant The Bachelor of Science degree in Medical Laboratory Science, with a concentration in clinical laboratory science, provides excellent preparation for admission to professional schools. Different professional programs may require additional courses. Students should consult with adviser. The other specializations in and RT) can also be used as a gateway to professional schools. Course Offerings The program offers selected courses from this catalog as warranted by student needs and availability of faculty. Specific offerings for each term may be found in the Schedule of Classes 401 Clinical Internship (12) Microscopic study of cellular alterations indicative of cancer and precancerous lesions, infections and benign conditions in the female genital tract; introduction to cytopreparatory techniques. Prerequisite: Program permission 402 Clinical Internship (12) Continuation of 401; microscopic study of non-gynecologic samples and fine needle aspirations; laboratory rotations; research project. Prerequisite: Program permission 401 Basic Histotechnique and Histochemical Staining Methods (12) Didactic and practicum experience in preparing histologic sections for light microscopy, including the study of over 50 different histologic and enzyme histochemical staining methods and their specific applications. Prerequisite: Program permission 402 Basic Electron Microscopy (6) Didactic and practicum experience in basic biological electron microscopy. Electron microscopic histochemistry and special techniques are also covered. Emphasis is on the electron microscope as a medical diagnostic tool. Prerequisite: Program permission 403 Immunohisto-cytochemistry (3) Didactic and practicum experience in basic and advanced procedures of fluorescent and enzyme-labeled antibody techniques. Includes the preparation of tissues, staining with labeled antibodies and the use of the fluorescence microscope in clinical medicine and research. Prerequisite: Program permission. 412 404 Special Techniques (3) Didactic and practicum experience in molecular pathology (in situ hybridization and analysis), management, education methodology, technical writing and research techniques. Prerequisite: Program permission 201 Careers in Medical Laboratory Sciences (1) An introductory seminar in medical laboratory sciences, including career opportunities in clinical settings (medical technology, histotechnology, cytotechnology, nuclear medicine technology, industrial sales and/or research and development, basic medical research and education 210 Medical Terminology (1) This course is designed as an independent study using a programmed text. Initial emphasis is on learning Greek and Latin word parts and rules for combining them, with cumulative study directed to the analysis and definition of medical terms 312 Hematology/Cellular Pathophysiology (3) Topics include current concepts of hematopoiesis, including selected topics in red blood cell, white blood cell and platelet morphogenesis, physiology and pathophysiology; an introduction to the basic principles involved in cellular disease mechanisms. Prerequisite 207 or 321; permission of instructor 313 Immunohematology (4) Discussion of the immunologic and genetic basis for the study of red cell antigen/antibody systems, including physiologic and pathophysiologic consequences of foreign antigen exposure. Laboratory included. Prerequisite 207 or 321; permission of instructor 314 Hemostasis (4) In depth study of the basic physiology and pathophysiology of the human hemostatic system. Laboratory included. Prerequisite 207 or 321; permission of instructor 316 Medical Hematology (4) Theory and techniques in hematology, including red blood cell, white blood cell and platelet morphogen- esis, physiology and pathophysiology. Prerequisite 207 or 321; permission of instructor 317 Hematology Laboratory (1) To accompany 316. Prerequisite: Permission of instructor 326 Instrumentation and Clinical Analysis (3) An introduction to theoretical and practical aspects of instrumentation and clinical analysis. Includes practical experience in the calibration, operation and preventive maintenance of laboratory instruments. Laboratory included. Prerequisite: Permission of instructor 327 Clinical Chemistry (3 theoretical introduction to the fundamentals of clinical chemistry, with emphasis on pathophysiology and clinical correlations. Prerequisite 325 328 Clinical Chemistry Laboratory (1) Provides practical experience in the application of clinical instrumentation and current clinical method- ologies to the performance of clinical chemistry assays. Prerequisite: Successful completion of 326 with grade of 2.0 or better 330 Clinical Microbiology (4) Lecture and laboratory exercises in the fundamentals of microbiology, including bacteria, viruses and fungi. Includes a detailed consideration of the role of these agents in disease. Prerequisite 111 413 401 Molecular Pathology (3) Introduces the cause and diagnosis of disease on a molecular level. Illustrates the use of molecular pathology as used in recent diagnostic methodology. Prerequisite 325 402 Molecular Diagnostics (2) Discussion of current molecular diagnostic techniques and procedures, including correlation with clinical conditions. Laboratory included. Prerequisite 401 405 Special Topics (1, 2, 3 or 4) May be repeated for additional credit. Prerequisite: Permission of instructor 440 Clinical Correlation (3) Analysis of case studies, integrating data from patient history and diagnostic procedures. Prerequisite major 451 Clinical Education (6) Prerequisite: Permission of instructor 490 Individual Laboratory Work (2, 3, 4) May be repeated for additional credit. Prerequisite: Permission of instructor 497 Apprentice College Teaching (2) Directed teaching of selected undergraduate courses. May be repeated for a maximum of 4 credits. Graded S/U. Prerequisite: Permission of instructor 498 Directed Study (1-4) Student initiated and problem-oriented directed study focusing on medical laboratory science issues. May be repeated for additional credit. Prerequisite: Program permission 401 Clinical Internship (12) Didactic and clinical experience in clinical nuclear medicine including instrumentation, radiopharmacy, ligand assay, organ imaging and therapy with radionuclides. Prerequisite: Program permission 402 Clinical Internship (12) Continuation of 401. Prerequisite: Program permission 301 Introduction to Radiation Therapy (2) An introduction to the activities and responsibilities of the radiation therapist including orientation to school and hospital policies, career insights, overview of techniques used in radiation therapy, and essentials of procedures needed in the care of radiation oncology patients. Medical terminology specific to the field is reviewed. Prerequisite specialization standing 311 Patient Care and Management (2) Patient care techniques with emphasis on those necessary in the care and examination of oncology patients, especially those receiving radiation therapy. Psychological considerations, management of emergencies, infection control, examination, medical-surgical asepsis and tube management will be presented. Prerequisite specialization standing. 414 315 Seminar in Radiation Oncology (3) Literature search of faculty approved topics related to radiation oncology with written analysis of case studies on various malignancies. Oral presentation required. Prerequisite specialization standing 321 Radiographic Imaging and Anatomy (2) Fundamentals of radiographic exposure techniques including production of radiation, rectification, quality of radiation and film processing. Topographic and cross-sectional anatomy and identification of anatomic structures as seen by various imaging modalities will be introduced. Prerequisites 205 and specialization standing 323 Radiobiology (2) Biophysical principles of ionizing radiation and effects on living tissue with emphasis on radiosensitivity and response to radiation, including a review of cell biology. An introduction to hyperthermia as a treatment modality illustrating the cellular response to heat, methods of heating and interactions of heat and radiation. Prerequisite 331 and specialization standing 331 Radiation Physics (3) Fundamental principles of atomic structure and matter, production and properties of radiation, interac- tions of photons, particulate radiation, measurements of radiation and measurement of absorbed dose are covered. Discussions will include different radiation therapy treatment units. Prerequisite 102 and specialization standing 333 Clinical Dosimetry (3) Basic concepts of clinical dosimetry including use of isodose charts, treatment planning, field defining apparatus and wedges. Different methods of dosimetric calculations are described. Emphasis is on conformal therapy dosimetry and three dimensional treatment planning. Prerequisite 331 and specialization standing 334 Brachytherapy and Radiation Protection (3) Principles of radiation safety including need for radiation protection, detection and measurement of radiation, regulatory agencies and regulations, personnel monitoring and practical radiation protection are presented. Also includes types and storage of brachytherapy sources, use and care of applicators, leak testing and surveys and accident procedures. Prerequisite specialization standing 335 Quality Assurance (3) Principles and applications of a comprehensive quality assurance program in radiation therapy. Topics include relevant tasks, frequency of performance and acceptable limits. Laboratory exercises included. Prerequisite specialization standing 341 Oncologic Pathology (3) Disease concepts including: inflammatory process, neoplasia, types of growth, causative factors, behavior of tumors and staging procedures. Tumors originating from specific sites and respective pathology will be discussed. Prerequisite 207 and specialization standing 342 Technical Radiation Oncology (3) Provides an understanding of radiation therapy equipment including techniques used in treatment delivery. Tumor localization utilizing simulators, beam directing devices and other technical consider- ations involved are presented. The role of the radiation therapist in disease management will be discussed. Prerequisite 102 205 and 207 specialization standing 343 Technical Radiation Oncology (3) Continuation of Technical Radiation Oncology I. Prerequisite 342 and specialization standing 344 Clinical Radiation Oncology (2) An overview of radiation oncology and its role in medicine as compared with surgery and chemotherapy as treatment modalities. Discussion of tumors including locations, etiology, detection, staging and grading, and treatment. Oncologic emergencies are presented. Prerequisite 341 and 342 and specialization standing 415 401 Clinical Practicum (5) Supervised experience in the practice of radiation therapy technology. The student therapist will observe and participate in simulation procedures and delivery of radiation treatment to actual patients in the Radiation Oncology Department of William Beaumont Hospital. Patient care and management will be covered. Prerequisite: Program permission 402 Clinical Practicum (5) Continuation of 401. Prerequisite: Program permission 403 Clinical Practicum (2) Continuation of 402. Prerequisite: Program permission 404 Clinical Practicum (4) Continuation of 403. Prerequisite: Program permission 405 Clinical Practicum (6) Continuation of 404. Prerequisite: Program permission 406 Clinical Practicum (2) Continuation of 405. Prerequisite: Program permission. Physical Therapy Program Director: Beth C. Marcoux Associate professor: Beth C. Marcoux Special instructors: Christine Stiller, Kristine A. Thompson Visiting instructors: R. Elizabeth Black, Douglas S. Creighton, Kathleen M. Galloway, John R. Krauss, Cathy A. Larson, Susan E. Saliga Clinical professors: A. Charles Dorando Consulting professor: Olaf Evjenth Clinical assistant professors: Pamela Lemerand, Gretchen D. Reeves, Bjorn W. Svendsen Consulting assistant professor: Lasse Thue Senior clinical instructors: Mary S. Lundy, Martha Schiller, David A. Tomsich Clinical instructors: Lezlie Adler, Henry D. Boutros, Linda F. Erickson, David Gilboe, Pamela S. Knickerbocker, Gregory Kopp, Kathleen Jakubiak Kovacek, Peter R. Kovacek, Jeffrey Placzek, Frederick D. Pociask, Marilyn J. Raymond, Helene M. Rosen, Janet Siedel, Angela C. Strong, Jody Tomasic, James E. Traylor, Kenneth M. Woodward Requirements for the B.S. degree in health sciences with a focus in pre- physical therapy See Requirements for the B.S. degree with a major in health sciences and pre physical therapy academic focus course requirements. The information contained in those sections is repeated here with specific reference to pre physical therapy academic focus requirements only: 1. Complete the writing proficiency requirement. In satisfying this requirement, students may need to complete 150 and 160 (with grades of 2.0 or better) 416 or their equivalent at another college or university. Not all credits associated with these courses will apply to the 128 credits required for this degree. 2. Meet the university general education requirements (see Undergraduate degree requirements). In completing the health sciences core curriculum and major program requirements, pre physical therapy majors will automatically satisfy the requirements in mathematics, logic and computer science, in natural science and technology and in social science. 3. Complete the university ethnic diversity requirement. For health sciences majors, this requirement is satisfied by completing the health sciences core curriculum course 200. 4. Complete the health sciences core curriculum 111, 205, 206 or 322, 207 or 321 157, 158 141 225 101, 102, 158 100 200 450 or 301 or 318 or 301 401. 5 125, placement examination or approved community education courses 150, 160. 6. Minimum of three credit hours in each of the following: art, literature, language, western civilization, international studies. 7 201, 451 204. 8 210 207, 304, 350 250 225 or 321 or 323 302, 321 9. Minimum of 10 elective credits at 300/400 level from the following course list 323, 324, 325, 326, 341 453, 454, 457 360, 405, 410, 425, 435, 445, 450, 465, 493 321, 323, 333, 338 328 335 any 300/400 level 331, 405 359 326 490. Course Offerings 302 Physical Therapy as a Profession (2 course for students who are considering a career in physical therapy. Students will examine professional development, behavior and roles in physical therapy clinical, academic and research settings. The current practice of physical therapy in various settings is covered. Prerequisite: Junior standing 321 Basic Athletic Training (2) Course directed to competitive sports and the recognition and immediate care of athletic injuries. Evaluative and treatment procedures and techniques are presented and practiced. Identical with 321. Prerequisite 205 207 350 490 Directed Study (1, 2, 3 or 4) Student initiated and problem-oriented directed study focusing on physical therapy issues. May be repeated for additional credit. Graded numerically or S/U. Prerequisite: Program permission. Wellness, Health Promotion, and Injury Prevention Program Director: Stafford C. Rorke Associate professor: Stafford C. Rorke Assistant professor: William C. Andress 417 Consulting associate professors: Robyn Brown, Stephen A. Chemiak, Robert S. Levin, David B. Siegel The wellness, health promotion and injury prevention program prepares graduates to address growing societal needs for specialists in diverse allied health fields. Graduates find employment in a variety of commercial, industrial, government, hospital, community, school, and non- profit organizations. Their professional skills are utilized in health enhancement, disease prevention, injury prevention, health education and health promotion, health and fitness, corporate and worksite wellness, as well as human resource practice and management. The curriculum is designed to provide students with a broad-based introduction to this emerging multi-disciplinary field of study, but in addition, provides a specialization within one of six focus areas: General health enhancement; intervention strategies in health promotion; complementary medicine; injury prevention; exercise science; and, a pre-professional option. All focus areas for the major in wellness, health promotion and injury prevention can be completed within 128 credit hours. However, students taking the pre-professional focus should note that additional credit hours will be required in the biological sciences in order to satisfy entry requirements for most medical and related schools. It is possible for students majoring in wellness, health promotion and injury prevention to take a minor in anthropology, human resource development, psychology, or sociology, depending on the focus area chosen. Careful choice of course work can also result in a double major with psychology. Requirements for the B.S. degree with a major in wellness, health promotion, and injury prevention Students seeking the Bachelor of Science degree in Wellness, Health Promotion, and Injury Prevention must complete 128 credits, including the following requirements: 1. Complete the writing proficiency requirement. In satisfying this requirement, students must complete (with grades of 2.0 or better 150 and 160 (or their equivalent at another college or university). Credit hours for 150 are additional to the 128 credit hours required for graduation. 2. Meet the university general education requirements (see Undergraduate degree require- ments). Note that several courses under point 5 below satisfy both general education requirements, and wellness, health promotion, and injury prevention degree requirements. See courses marked *. 3. Complete the university ethnic diversity requirement. For majors in wellness, health promotion, and injury prevention this requirement is satisfied by completing the complemen- tary core curriculum course 200. 4. Complete the wellness, health promotion, and injury prevention core curriculum credits, as follows 300, 305, 310, 330, 350, 360, 401, 402. 5. Complete courses that complement the core curriculum, as follows 150 204 207 215 360 201 210 451 200 (satisfies ethnic diversity 310 103 100 250 338 225*. (* Courses that also satisfy the university general education requirement). 6. Complete the required credit hours of program elective work for one of the chosen focus specialization areas below: 418 a. General health promotion focus 225. One of 235 or 245. Four hours from either 318, 333 or 342; plus an additional 8 elective credit hours from the elective list 101, 102, 305, 310, 401, 410, 420 303, 335, 351 235, 245, 318, 323, 333, 337, 342, 344, 371 300 100, 207, 300, 328, 337, 350, 465 300; plus 12 elective credit hours from the general elective list below. Students may choose a course not on the elective lists if pre-approved by the program director as pertinent to the field of general health promotion. b. Complementary medicine and wellness focus 461, 462 318, plus an additional 8 elective credit hours from 310, 420 351 316, 333, 337, 339, 342 328, 337, 402; plus 12 elective credit hours from the general elective list below. Students may choose a course not on the elective lists if pre-approved by the program director as pertinent to the field of complementary medicine and wellness. c. Health promotion intervention strategies focus 306 359 302, plus an additional 8 elective credit hours from 200 303 304 367 303, 351, 362, 363, 365, 367, 402, 440 396 330 359; plus 12 elective credit hours from the general elective list below. Students may choose a course not on the elective lists if pre-approved by the program director as pertinent to the field of health promotion intervention strategies. d. Injury prevention focus 300, 315, 316, 464, 480 410; plus an additional 8 elective hours from 355 465 305, 306, 319, 403, 410, 415, 420, 430, 433; plus 10 elective credit hours from the general elective list below. Students may choose a course not on the elective lists if pre-approved by the program director as pertinent to the field of injury prevention. e. Exercise science focus 103 105 or 2 hours from 101, 102, or 104 304, 350 (prerequisites 205, 207, 111 must be taken), plus 8 elective credit hours from the general elective list below. Students may choose a course not on the elective lists if pre-approved by the program director as pertinent to the field of exercise science. f. Pre-professional study: Pre-professional students must complete a core requirement of 26 credit hours from 141 205, 206, 207, 111, 113, 116 401. In addition, choose 6 or more hours from 319, 320, 323, 324, 325, 326, 341, 342 157-158 234-235 237 330 101-102 158. NOTE: In addition to the core above, prospective physician assistant (PA) students will need general chemistry, organic chemistry and biochemistry. Entry to medical school requires a minimum of at least 20 credits of biology, 20 credits of chemistry, 10 credits of physics, and 8 credits of mathematics. 7. All students declaring wellness, health promotion and injury prevention as their major must undertake a Health Risk Appraisal within their freshman or sophomore year. General elective list 104, 300, 351, 393, 423 308, 355 101-105, 304, 321, 350, 410, 425, 445, 450, 465 450 306 331, 401 102, 318 131 340, 370, 405, 410, 420, 461, 462, 493, plus any course on the general, complementary medicine, health promotion interventions, injury prevention, exercise science, or preprofessional focus group lists above. Other elective options in biology, business, anthropology, health sciences, psychology, sociology, or human resource development may be taken with the prior written approval of the program director 419 Minor in wellness, health promotion and injury prevention minor in wellness, health promotion and injury prevention is available to students majoring in other programs such as anthropology, general studies, health sciences, human resource development, psychology, or sociology. Courses required for the minor include 201 300, 305, 310, 330, 350 204, and a further 4 credit hours from 310 451 103, 105, 207, 215, 360, 465 340, 360, 420, or 210. Grade point policy Students must maintain a cumulative of 2.50 in all course work applied to the major. Students in the major will be placed on probation if they earn a grade less than 2.0 in any course or if their cumulative grade point average in major course work falls below 2.50. Students who earn a second grade below 2.0 must have their programs reviewed by the faculty to determine remediation or termination from the program. In order to remove probationary status students must raise their major grade point average to 2.50 or higher. Code of ethics Since ethical conduct is critical to a health profession, students are required to abide by the Code of Conduct established by the American College of Sports Medicine. Violations will be reviewed by the faculty and could result in dismissal from the program. Course Offerings The program offers selected courses from this catalogue as warranted by student needs. Specific offerings for each term may be found in the schedule of classes 300 Foundations, Assessment and Interventions in Wellness (4 systems-approach to understanding functional anatomy, physiology and lifestyle issues in relation to disease prevention and wellness. Students learn health risk appraisal and physical assessment techniques that lead to the design of intervention strategies for lifestyle and health enhancement and the prevention of disease. Prerequisite 201 204. Corequisite 305 305 Laboratory, Foundations, Assessment and Interventions in Wellness (2) Laboratory course to accompany 300. Content covers core competencies for entry-level health promotion professionals. Prerequisite 204 201. Corequisite 300 310 Injury Prevention, Control, and Safety Promotion (2) Introduction to epidemiology of unintentional or intentional injuries, including violence. Topics include magnitude and cost to society, issues, principles, models, surveillance, advocacy, educational, environ- mental and enforcement intervention strategies, and program evaluation, for safety in the home, during activities of daily living, sport, leisure, recreational, occupational, and high-risk activities 330 Foundations and Issues in Health and Wellness (4) Contemporary issues underlying biological, psychological, philosophical, and ethical determinants of health and wellness in humans. Terminology, epidemiological methods/techniques, personal, and community issues are addressed relative to the distribution and cause of disease. Facilitates understanding of positive interventions for enhancement of health and wellness. Prerequisite 201 100 340 Contemporary Issues in Personal Health (2) Contemporary issues in personal health are examined from biological, psychological, sociological, philosophical, and ethical perspectives. Exploration of personal protection and health issues related to human sexuality, substance use and abuse, anger, violence, and workplace abuse. Prerequisite 201. 420 350 Health Program Implementation (4) Needs analysis, planning, design, development, equipment, choice, delivery, and evaluation of health and wellness program implementation are emphasized. Students are introduced to topics including organiza- tional development, program, human and financial management, staff selection and development, marketing, facility maintenance, health, safety, and legal issues 360 Wellness Facilitation (2) Processes designed to facilitate optimum human interaction in a wellness setting. Fundamental issues related to the presentation of health promotion messages for one-to-one, small, or large group settings. Topics include individual and group dynamics, development, written and oral presentation of wellness- related information, non-verbal communication, debate, persuasion, leadership, problem solving, change and conflict 370 Culture, Ethnicity and Well-being (2) Interaction between biological, social and cultural environments as they effect health, illness, and treatment. Includes historical, organizational, demographic, ecological, behavioral and other factors influencing health and wellness outcomes. Prerequisite 100 or 200 401 Internship in Wellness, Health Promotion and Injury Prevention (4) Supervised general experiences in a variety of wellness educational settings. Students must be approved to attend an internship site prior to registration list of approved internship sites is available through the program office. Prerequisite 204 207 215 or 360 300 310 or 210 402 Senior Culminating Experience (4) Supervised project and/or undergraduate research experience at a specialized site, culminating in a written report. Students must have an approved project and site prior to registration. Prerequisite 250 225 401 405 Special Topics (1-4) An advanced course involving study of current topics in the practical application of wellness principles. Topics vary. May be repeated for additional credit. Prerequisite: Permission of instructor 410 Advanced Injury Prevention, and Safety Promotion (3) In-depth examination of factors associated with non-industrial events resulting in injury or death, including critical appraisal of intervention strategies, and the design of a comprehensive intervention program. Prerequisite 310 420 Ergonomics (3) Functional application of concepts in kinesiology related to human capability and applied to human work in various occupational settings. Students are introduced to human-machine interface systems, environ- mental challenge and wellness objectives of reduced energy expenditure, enhanced health and safety, and increased productivity and human satisfaction. Prerequisite 300. Cross-listed with 464 461 Modalities for Healing (4) Healing differentiated from curative approaches, and an introduction to frequently used complementary and alternative therapies including massage, hypnosis, herbology, osteopathic manipulation, acupunc- ture, chiropractic, naturopathy and homeopathy. Critical examination of the techniques used, possible mechanisms, evidence for safety and efficacy, and professional training/credentialing. Prerequisite 451 462 Healing Traditions (4) This course examines and compares Eastern and Western healing traditions. Origin, evolution, applica- tions, and degree of acceptance of these healing traditions is examined with regard to individual beliefs, and in relation to cultural, historical, political, and economic aspects of competing health systems. Prerequisite 451 421 493 Directed Study and Research in Wellness, Health Promotion and Injury Prevention (1-4) Independent problem-directed study and research focusing on wellness, health promotion and injury prevention issues. May be repeated for additional credit. Prerequisite: Completion of core credits. 422 112 (248) 370-4450 Director: Jude V. Nixon (English) Associate Director: Brian F. Murphy (English) Council: Lizabeth A. Barclay, Business; James F. Cipielewski, Education; Barbara U. Mabee, Modern Languages and Literature; Fatma Mili, Computer Science and Engineering; Michael D. Sevilla, Chemistry; Gary A. Shepherd, Sociology and Anthropology; two sophomore, two junior, and two senior Honors College students. The Honors College was established for highly motivated students seeking a rich, valuable and challenging undergraduate education. It offers a specially designed general education and additional requirements, in conjunction with a departmental major from the College of Arts and Sciences or from one of the professional schools. Students currently admitted to or enrolled at Oakland University may apply directly to The Honors College for admission; others must apply for admission to Oakland University as well. Application forms are available online or at The Honors College office. Courses with the prefix are open only to students who have been accepted into The Honors College. Please visit our website at www2.oakland.edu/hc for additional information on The Honors College, its programs and requirements. Requirements and Procedures Departmental majors Each student must complete a departmental major in the College of Arts and Sciences or a prescribed course of study in the School of Business Administration, the School of Education and Human Services, the School of Engineering and Computer Science, the School of Health Sciences or the School of Nursing student who is not pursuing a standard major (for example, a student with an independent major) may be accepted to The Honors College if The Honors College Council determines that the student\u2019s program is of sufficient breadth, depth and coherence. General education requirements of The Honors College 1. The student must successfully complete 160 or its equivalent. 2. The student must successfully complete at least four Honors College core courses (16 credits), selected from 201, 202, 204, 205, 206, 207 or 208. 3. The student must successfully complete at least one 4-credit course in each of the other general education areas not covered by the core courses taken student may meet this requirement by successfully completing relevant university general education courses, departmental courses that count towards a major, additional core courses or a combination of these. 4. The student must successfully complete a senior colloquium 401. 5. The student must attain second-year foreign language proficiency. 6. The student must complete the Community Service requirement - one semester or a six-week summer of approved community service 423 Note: Honors College requirements replace university general education and college distribu- tion requirements. Students are not required to fulfill both sets of requirements. Advanced standing The student shall apply for advanced standing in The Honors College, normally by the end of the fourth semester. Following receipt of the application, an Honors College administrator or the Council will interview the applicant. The interview will be of a general nature, but will deal, in part, with material studied in the Honors College core courses the student has completed. After the interview, the council may admit the student to advanced standing, grant the student conditional advanced standing or ask the student to withdraw from The Honors College student who is granted conditional advanced standing will be given reasons for this status. Honors Thesis Each Honors College student must successfully complete a major creative or scholarly work under the supervision of a faculty member. Proposals for all Honors College theses must be approved by The Honors College Council prior to proceeding with work. Thesis proposals should be submitted to the Council before students complete their junior year. The thesis must be approved within the first four weeks of the semester in which the student completes 96 credits. The student may receive departmental or Honors College independent study credit for all or part of this work. The student may, but is not required to, register for 490. The project must be independently designed and completed. The completed thesis is due no later than one month before the end of the semester in which the student intends to graduate. Grade point average and graduation honors minimum grade point average of 3.30 is required for graduation. Honors College students may receive departmental and university honors upon graduation. Course Offerings The Honors College offers selected courses from this catalog as warranted by student needs and availability of faculty. Specific offerings for each term may be found in the Schedule of Classes 201-208 Honors College Core Courses (4 each) Introduction to ways of thinking characteristic of a modern university 201 deals with the arts 202 with literature 204 with western civilization 205 with international studies 206 with social science 207 with mathematics, logic or computer science, and 208 with natural science or technology. Core courses are typically offered each semester 300 Special Topics (2, 4) Special problems and topics selected by the instructor. Prerequisite: Open to Honors College students only 401 Honors College Senior Colloquium (4) Discussion of a broad topic of traditional concern or an issue of particular current significance. Offered annually 490 Independent Study (2, 4) Supervised instruction in the Honors College independent project. May be repeated for credit. Offered each semester. 424 428 (248) 370-4253 Fax: (248) 370-4279 Dean: Linda S. Thompson Interim Associate Dean: Catherine V.H. Vincent Office of the Dean: Sherry Abernathy, assistant dean; Pamela A. Marin, manager student services & continuing education; Joann Burrington, administrative project coordinator; Patricia T. Ketcham, nursing laboratory manager Professor emerita: Diane R. Wilson, Carol Zenas Professor: Anahid Kulwicki Associate professors: Frances C. Jackson, Mary E. Mittelstaedt, Gary Moore, F. Darlene Schott-Baer, Christina L. Sieloff Assistant professors: Karen Dunn, Judith K. Hovey, Suha Kridli, Anne Mitchell-Gieleghem, Sarah E. Newton, Diane Norris, Barbara B. Penprase, Laureen Smith, Teresa Thompson Full time adjunct instructors: Wanda Gibson-Scipio, Carrie Motyka, Karen Olsen Adjunct assistant professors: Patricia T. Ketcham, Karen Zaglaniczny Adjunct instructors: Pamela Friedman, Palemonita Jones, Lisa Ann Mileto, Kathryn Swender Board of Visitors The Board of Visitors for the School of Nursing is composed of community leaders in the greater Detroit area. It assists the school in developing goals and objectives, curricular design, as well as clinical and research programs that meet the rapidly changing requirements of the health care field. Board members consult on such matters as facilities, equipment requirements, special topics and long-range planning. Members of the Board of Visitors are: Marie Adam, Sr. Occupational Health Services Specialist, DaimlerChrysler Corp. Maggie Allesee, Counselor, Bloomfield Hills, Michigan Nancy Burton, Vice President of Operations, St. John Detroit Riverview Hospital Bart P. Buxton, Vice President and COO, Crittenton Hospital Medical Center Carl Camden, President and COO, Kelly Services Janice Crawford, Development Director, Women's Philanthropy Institute Lisa DeMoss, Vice President and Deputy General Counsel, Blue Cross Blue Shield of Michigan Anthony J. Filippis, President and CEO, Wright & Filippis Mary Fowlie, Group Senior Vice President, Standard Federal Bank Lorraine Headley, Associate Hospital Director, William Beaumont Hospital, Troy Paula Hebert, President, St. Vincent & Sarah Fisher Center Frank W. Jackson III, Assist. General Counsel, Blue Cross Blue Shield of Michigan Diane Janusch, Vice President, Patient Care, St. John Hospital and Medical Center Patricia Jorgensen, Rehabilitation Consultant, Jorgensen Consulting Barbara Kopasz, Associate Vice President, Purchaser Health Care Initiatives, Health Alliance Plan Karen Lucas, Independent Consultant Consulting Gwen M. MacKenzie, Executive Vice President and COO, The Detroit Medical Center Barbara R. Medvec, Chief Nursing Officer, Oakwood Healthcare System 425 Margo Riza, Regional Operations Manager, Special Tree Rehabilitation System Joan M. Simon, Vice President Clinical Services, Mt. Clemens General Hospital Roberta Toll, Psychologist, Bingham Farms, Michigan Christine Zambricki, Administrative Director Anesthesia, William Beaumont Hospital, Royal Oak Programs Offered Undergraduate program The School of Nursing offers instruction leading to the Bachelor of Science in Nursing (B.S.N.) degree. The course of study combines general education in the humanities and the social, biological and natural sciences with education in the theory and practice of nursing. Graduates are eligible to take the state registered nurse licensure examination. Full and part-time program sequences are provided for baccalaureate students. Undergraduate program objectives In keeping with the philosophy of the School of Nursing, the baccalaureate graduate achieve the following outcome competencies: 1. Demonstrates critical thinking through synthesis of knowledge from the humanities and the sciences in the application of the nursing process to the independent and collaborative practice of professional nursing Standards of Care, I-V). 2. Applies ethically and legally grounded clinical judgments supported by research in making decisions about the provision of professional nursing care Standards of Professional Performance & VII). 3. Demonstrates effective communication skills and proficiency in information management, including standardized nursing languages, and technology in delivering safe, effective and cost-efficient professional nursing care based on current best practices Standards of Professional Performance I, III, VII, & VIII). 4. Demonstrates adherence to the Standards of Professional Performance when deliver- ing nursing care across the life span to diverse client populations in a wide variety of settings Standards of Professional Performance I-VIII). 5. Acquires the foundation for continued study at the graduate level. Graduate program The School of Nursing offers a program of study leading to the Master's of Science in Nursing (M.S.N.) degree. This program prepares nurses for advanced nursing practice as family nurse practitioners or nurse anesthetists. Post-master\u2019s certificate programs are also offered in these tracks. An Adult/Gerontological Nurse Practitioner program is under development with a target start date of Fall 2004 Graduate Certificate in Nursing Education is offered for post students. For more information, see the Oakland University Graduate Catalog. Admission It is recommended that students wishing to enter the nursing program will have completed two years of high school mathematics, including algebra, one year of biology and one year of chemistry with a grade of or better in each course scores will be considered. Admission to the School of Nursing occurs either via direct admission in the freshman year (Track I) or via admission after completion of pre-requisite courses (Track II). The School 426 of Nursing encourages and actively seeks male and other minority applicants. Individuals with disabilities will be considered for admission to the School of Nursing on an individual basis related to their ability to meet clinical practice requirements and the core perfor- mance standards. Direct admission into freshman year (Track I) Applicants who meet the following requirements are eligible for direct admission into the School of Nursing: \u00b7 Recalculated High School of 3.0 or above (recalculation includes all Math, Psychology, English, Biology, and Chemistry courses, but excludes courses deemed to be remedial math score of 18 or higher, or placement out of 011 via Oakland University Math Placement Test English score of 16 or higher composite score of 20 or higher \u00b7 One year (each) of high school biology and chemistry with a grade of or higher During the freshman year, students who have been directly admitted to the nursing major must adhere to the following requirements: \u00b7 Grades of 2.5 or better in all nursing courses \u00b7 Grades of 2.0 or better in all non-nursing courses \u00b7 Overall cumulative of 3.0 or better in all non-nursing courses Students who do not meet these requirements will be delayed from progressing to sophomore year nursing courses. Admission after the freshman year (Track II) Students who are admitted to the undecided nursing (below 2.8 high school GPA) or pre- nursing (above 2.8 high school GPA) major upon entry to Oakland University are eligible to apply to the School of Nursing once the following requirements are met: \u00b7 Complete 111, 121 104, 201 150, 160; and 100 or 130 with a minimum grade of 2.0 in each course and a minimum overall of 3.00 \u00b7 Complete one philosophy course 101, 102, 103, 107, 204, 205 206) with a minimum grade of 2.0 \u00b7 Complete 011 with a minimum grade of 2.0 (this requirement is waived for students who receive a score of 18 or higher on the mathematics subsection of the American College Test (ACT) or who have taken an Oakland University placement test and have placed into 012 or higher) Pre-nursing students are admitted to the School of Nursing on a rolling basis throughout the year. The applicant must be in good standing in the university (minimum overall of 2.00). Completion of minimum requirements does not guarantee admission. Positions are filled with applicants best qualified to succeed in the nursing program. Preference is given to students who have completed five or more of their pre-nursing courses at Oakland 427 University and with a grade point average (GPA) of 3.00 or better in courses used in the calculation of the pre-nursing grade point average. Admission clinical/health requirements Admission to the nursing program is contingent upon meeting all clinical/health requirements. Specific details will be provided with the letter of admission. Requirements include: 1. Submission of a completed health assessment, including inoculation for tetanus; skin testing or chest x-ray for tuberculosis; proof of immunity to rubella, rubeola, mumps, varicella and Hepatitis (or formal refusal of Hepatitis vaccination). 2. Meeting minimum physical, cognitive and psycho-social technical standards for clinical/field and laboratory experiences (see core performance standards). Students with disabilities who have questions about their ability to meet these standards are encouraged to contact the Office of Disability Support Services, 157 North Foundation Hall (248-370-3266). 3. Malpractice insurance coverage of at least $1,000,000 per occurrence/$3,000,000 aggregate. 4. Documented completion of an approved course. Students are responsible for any costs associated with the requirements described above. Students accepted to the nursing program must submit proof of all the above requirements no later than the first of July prior to sophomore fall semester (per program plan). All requirements must remain in effect throughout the academic year. Students who have not provided necessary documentation by July 1 will not be assigned to a field placement until the requirements are met. It is important that students maintain their own health insurance for illness or injury. Clinical agencies are not required to provide free treatment for students and will bill individuals for use of their emergency or employee health services. Advising The School of Nursing advising office is located in 444 O\u2019Dowd Hall (248-370-4253). It is recommended that students schedule an advising appointment during the freshman/pre- nursing year to review degree requirements and develop a plan of study. The plan of study is a timetable of courses to be taken and assures progress toward satisfying degree requirements. In addition, students are required to attend a School of Nursing orientation prior to registration for nursing courses. Transfer policy Programs offered by the School of Nursing are designed to meet the Commission on Collegiate Nursing Education (CCNE) accreditation criteria as well as to reflect the Oakland University philosophy of education. Records of students transferring to Oakland University from other academic institutions are evaluated and transfer credit is granted as appropriate. Once matriculated at Oakland, students are expected to complete all remaining nursing course work for the degree at Oakland. See Transfer student information in this catalog for additional information about university transfer policy, including transfer of credit from community colleges. Inactive status At times students need to take time out from the nursing program for personal or academic reasons. Students can request inactive status in the School of Nursing for a period of up to one year. Their return to the program is contingent upon availability of 428 space. Students who return to the nursing program from inactive status must comply with all School of Nursing policies in effect when they return. Policies and procedures Once admitted to the nursing program, students should consult the School of Nursing Undergraduate Student Handbook for detailed information on program policies and procedures. Requirements for the Bachelor of Science in Nursing degree To earn the Bachelor of Science in Nursing degree, students must complete a minimum of 125 credits and meet the following requirements: 1. Complete the University writing proficiency requirement. 2. Complete the University ethnic diversity requirement by taking 302 in the standard plan and 450 in the degree completion sequence for registered nurses. 3. Complete all credits and courses as listed in the plan of study below or in the degree completion sequence for registered nurses. 4. Achieve a grade of at least 2.5 in all nursing courses. 5. Complete at least 32 credits in courses at or above the 300-level 429 Fall 104 Introduction to Chemical (4) Principles 111 Biology (4 150 Composition (4 100 Foundations of Contemporary Psychology or 130 Psychology & Society (4) 16 Spring/Summer 225 Intro to Life-Span (4) Developmental Psychology General Education (4) 8 Fall 101, 102, 103, 107, 204, 205, 206 (4) (select one 207 Nursing Therapeutics (1) Lab 208/209 Health Assessment/Lab (3/1 216 Wellness & Health (3) Promotion 213 Basic Clinical (1) Competencies 252 Scientific Inquiry (2) 15 Fall 308 Pharmacology in (3) Nursing 326 Acute Health Needs (5 336, Acute Care Clinical (2) 337, 338 (One of three) General Education (4) 15 Winter 201 Organic and Biological (4) Chemistry 121 Clinical Anatomy and (5) Physiology 160 Composition (4 206 Intro. to Professional Nursing (2) 15 Fall 428 Community Nursing (3 470 Chronic Health (3) Conditions 471, 477 Chronic Care (4) Clinical (2+2) General Education (4) 14 Winter 210/211 Nursing Therapeutics II/ (1/1) Lab 220 Nutrition in Nursing (2) Practice 302/303 Nursing: Vulnerable (3/2) Populations/ Clinical 227 Pathophysiology (3 307 Intro to Human Microbiology(4) 16 Winter 328 Acute Health Needs (4 336, Acute Care Clinical (2+2) (4) 337, 338 (Two of three 354 Nursing Care Management (2 452 Scientific Inquiry (3) 12 Winter 472/473 Synthesis/ (1/5) Clinical General Education (4) General Education (4) 14 Total: 125 credits * Part-time plan of study is available upon request. ** Courses used in the calculation of the pre-nursing grade point average 225 may be taken Sp/Su prior to sophomore fall semester or during sophomore fall semester. Note: General Education courses can be taken in any semester throughout the program. Plan of study for direct admission into freshman year (Track I)* 430 Students who are admitted to the School of Nursing after the freshman year complete the same pre-requisite coursework as direct admission students, with the exception that they will take 206 (Introduction to Professional Nursing) in the fall semester sophomore year and take a philosophy course during the freshman year. Field/clinical placements Nursing students are placed in a variety of settings throughout their academic program. The School of Nursing provides students with a range of experiences with diverse populations, organizations and agencies. Cooperating agencies are located in both urban and suburban settings throughout metropolitan Detroit and southeastern Michigan. Each student is responsible for providing his or her own transportation for all field experi- ences. Annual clinical/health requirements The requirements listed below must be renewed annually and remain in effect throughout the academic year. By July 1 each year, students in the nursing program must supply written validation of: 1. Skin testing for tuberculosis and/or chest x-ray. 2. Malpractice insurance coverage of at least $1,000,000 per occurrence/$3,000,000 aggregate. 3. Documented completion of an approved course. Students are responsible for any costs associated with the requirements described above. Students who have not submitted all of the above items prior to the deadline will not be assigned to a field placement until requirements are met. Degree completion sequence for registered nurses The School of Nursing offers registered nurses an opportunity to earn a Bachelor of Science in Nursing degree. The purposes, philosophy and outcome expectations for the B.S.N. program are the same for basic and registered nurse students. However, course objectives and teaching methodologies take into account the professional and life experiences of R.N. students. Students who have satisfactorily completed a diploma or associate degree program in nursing and who possess a valid R.N. license may apply for admission to the B.S.N. program cumulative of 2.50 or better is required for admission to the R.N./ B.S.N. degree completion sequence. Registered nurses with a below 2.50 may be admitted to the University under pre- R.N./B.S.N. status and change to R.N./B.S.N. status upon completion of a minimum of 12 credits (applicable to the nursing program) at Oakland University with a of 2.50 or higher. Registered nurses must complete all credits and/or courses in the degree program. Completion may be achieved in the following manner: 1. Graduates from an accredited diploma program will be granted the equivalent of 32 nursing credits through a course competency process. This process includes: a. Successful completion of the examination. b. Evidence of a valid license. c. Registration for competency credits. Plan of study for admission after the freshman year (Track 431 2. Graduates from a regionally accredited associate degree nursing program may transfer a maximum of 13 nursing credits and 50 credits applied toward required non-nursing and general education categories. In addition, a maximum of 19 nursing credits will be granted through a course competency process. This process includes: a. Successful completion of the examination. b. Evidence of a valid license. c. Registration for competency credits. 3. Required Nursing Courses 310 Conceptual Foundations of Practice 4 340 Health Promotion in the Community 4 355 Nursing Leadership & Health Care Issues 4 426 Nursing: Home & Community 4 450 Nursing: Vulnerable Populations for the 4 452 Scientific Inquiry 4 474/475 Nursing Synthesis for the RN/Clinical (4/4) 8 Total required nursing credits: 32 4. Nursing assessment skills must be validated before registering for 474/475 using one of the following methods: a. completion of a health assessment course equivalent to health assessment course b. letter of verification from current (or most recent) supervisor validating assessment skills practice as an performing health assessment skills within the last three years c. completion of 330 Health Assessment for the RN. An independent study option is available for 1-3 credits. Contact the Degree Completion Sequence Academic Adviser for details unique plan of study is prepared for each student by an academic adviser in the School of Nursing to assure that all Oakland University degree requirements and major requirements are satisfied. Core performance standards All nursing students must demonstrate the following competencies during the entire academic program: Competency Standard Critical Thinking: Inductive/deductive reasoning sufficient for clinical judgment and decision making. Interpersonal: Interpersonal abilities sufficient to interact with individuals, families, and groups from a variety of social, emotional, cultural, spiritual and intellectual backgrounds. Emotional Stability: Emotional stability sufficient to assume responsibility/accountability for actions. Communication: Communication abilities sufficient for interaction with others in verbal and written form. Motor Skills: Gross and fine motor abilities sufficient to provide safe and effective nursing care. 432 Mobility: Physical abilities sufficient to move from place to place and maneuver in small places. Visual: Visual ability sufficient to provide safe and effective nursing care. Hearing: Auditory ability sufficient to provide safe and effective nursing care. Tactile: Tactile ability sufficient for assessment and implementation of care. Health: Characteristics that would not compromise health and safety of clients. Policies and Procedures for Progression, Retention and Dismissal in the School of Nursing Once admitted to the School of Nursing, students are required to earn a grade of 2.5 or better in each nursing course and a grade of 2.0 or better in 225: Introduction to Life- Span Developmental Psychology and 307: Introduction to Human Microbiology. In courses graded satisfactory/unsatisfactory (S/U), students are expected to earn a course grade of satisfactory. No nursing course may be repeated more than once. Students who do not meet these standards will have their academic progress reviewed by the Associate Dean or designee. Students who are not making satisfactory progress toward completion of the nursing degree will be placed on probation with conditions imposed for retention in the program or they will be dismissed from the program. Probation student will be placed on probation if the student receives a nursing course grade below 2.5 or unsatisfactory or below 2.0 in 225 or 307. Upon receipt of written notification of placement on probation, the student will meet with his/her academic adviser to develop a plan for success in meeting program requirements. The conditions of probation are: 1. repeating a nursing course if the course grade is below 2.5 or unsatisfactory 2. repeating 225 or 307 if course grade is below 2.0 It is the faculty's prerogative to assign grades utilizing her/his academic/professional judgment. If a student believes s/he has been treated in an arbitrary or capricious manner or not afforded due process s/he may initiate the grievance procedure (see Under- graduate Handbook). Dismissal student will be dismissed from the program if the student: 1. receives two nursing course grades below 2.5 or unsatisfactory in one semester or term 2. receives a second nursing course grade below 2.5 or unsatisfactory before completion of the nursing program 3. receives grades below 2.0 in both 225 and 307 4. receives one nursing course grade below 2.5 or unsatisfactory and receives one grade below 2.0 in 225 or 307 433 Additional Information Accreditation and program review The Oakland University School of Nursing is accredited by the Commission on Collegiate Nursing Education (CCNE) and is approved by the Michigan State Board of Nursing. Sigma Theta Tau-Theta Psi Chapter The local chapter of Sigma Theta Tau International Honor Society in Nursing was chartered in April 1986 at Oakland University. Candidates for membership are selected on the basis of superior scholastic achievement and evidence of professional leadership potential. Student Nurses Association of Oakland University Pre-nursing and nursing students are eligible for and encouraged to become members of the Student Nurses Association of Oakland University. The organization gives nursing students an opportunity to receive information, have support from other nursing students and increase networking skills. It also gives members the ability to work with others, participate in community and political events, and have an opportunity to communicate with School of nursing administrators. Qualification for R.N. licensure Licensure is granted by the state of Michigan. Requirements for licensure include successful completion of a state-approved educational program and satisfactory performance on the licensing examination prescribed by the state of Michigan. Upon registration of the license, a nurse is known as a registered nurse (R.N.). Licensure in one state entitles a qualified holder to seek licensure by endorsement in other states. As part of the pre-licensure screening policy, the Michigan Board of Nursing will obtain criminal conviction history. Additionally, new licensure applicants with previous substance abuse convictions will not be prohibited from licensure; however, the circumstances of the conviction will be reviewed and may result in investigation and/or referral to the Health Professional Recovery Program (Legal and Professional Regulation of Nursing Practice in Michigan, 1995). Continuing education Continuing professional education is offered by the School of Nursing in order to meet the life-long learning needs of professional nurses. Specialized contract programs can be provided in order to meet the unique professional staff development needs of employers in the health care setting, business and industry, government and other settings. These programs are individually tailored to meet the specific workplace needs of professionals and employers.Programs and courses are offered for university credit or noncredit. When noncredit programs and courses are offered, they carry the Continuing Education Unit (CEU). 5. fails to fulfill the conditions of probation 6. exhibits egregiously unsafe behavior in any clinical setting Appeal Process student may appeal the dismissal from the program if s/he believes there are valid reasons to do so (see Undergraduate Handbook). Readmission Policy: Readmission to the School of Nursing will be considered on a case-by-case basis. If readmitted, conditions of readmission may be imposed. Students may not reapply to the nursing program for at least one full 14-week semester (fall or winter) following dismissal. Request for readmission forms are available from student\u2019s academic advisor. 434 Course Offerings The School of Nursing offers selected courses from this catalog as warranted by student needs and availability of faculty. Specific offerings for each term may be found in the Schedule of Classes 206 Introduction to Professional Nursing (2) Introduction to the profession of nursing and to the basic therapeutic intervention and skills of professional nursing practice. Emphasis is placed on communication skills and health education. Prerequisite: Admission to the School of Nursing 207 Nursing Therapeutics Laboratory (1) Application in the laboratory setting of principles, concepts and client care skills presented in 206. Prerequisite: Admission to the School of Nursing. Corequisite 206 208 Health Assessment (3) Introduces students to the process of health assessment. Emphasis on performing a full screening assessment of well clients across the life span. Deviation from normal findings are stressed. Prerequisite: Admission to the School of Nursing. Prerequisite or corequisite 225 206. Corequisite 209 209 Health Assessment Laboratory (1) Application in the laboratory setting of principles, concepts and client care skills presented in 208. Prerequisite: Admission to the School of Nursing. Corequisite 208 210 Nursing Therapeutics (1) Introduces student to basic and advanced therapeutic skills related to the care of acute and chronically ill clients. Prerequisite 206, 208, 209. Corequisite 211 211 Nursing Therapeutics Laboratory (1) Application in the laboratory setting of principles, concepts and client care skills presented in 210. Corequisite 210 213 Basic Clinical Competencies (1) Application in the clinical setting of principles, concepts, and client care skills learned in Introduction to Professional Nursing 206), Nursing Therapeutics 207), Health Assessment/Lab 208/ 209), and Wellness and Health Promotion 216). Prerequisite: Admission to the School of Nursing Prerequisite or corequisite 216 216 Wellness and Health Promotion (3) Introduces concepts and principles of health promotion and wellness. Specific areas of discussion will include health promotion, protection, and preventative strategies. Prerequisite: Admission to the School of Nursing. Prerequisite or corequisite 225 206, 208, 252 220 Nutrition in Nursing Practice (2) Presents knowledge and skills necessary to determine nutritional needs, status, and habits throughout the life span and health-illness continuum. Prerequisite: Admission to the School of Nursing or permission of instructor 227 Pathophysiology (3) Presents biological and physiological functional deviations that can occur throughout the life span. Prerequisite: Admission to the School of Nursing or permission of instructor. Prerequisite or corequisite 307 435 252 Scientific Inquiry (2) Introduction to the scientific basis of professional nursing practice. Focuses on the theory and application of information related to critical thinking, nursing process, clinical judgement, and research. Prerequisite: Admission to the School of Nursing 260 Topics in Nursing (1-12) Presents special topics or areas of nursing that students may wish to develop. Clinical experiences in a health care facility may be required 302 Nursing: Vulnerable Populations (3) Focuses on the provision of nursing care to vulnerable populations. Examines race, ethnicity, religion, gender, socioeconomic environmental circumstances, and developmental status. This course satisfies the university ethnic diversity requirement. Prerequisite 216 Corequisite 303 303 Nursing: Vulnerable Populations Clinical (2) Application in the clinical setting of principles, concepts, and client care skills presented in 302. Corequisite 302 308 Pharmacology in Nursing (3) Presents pharmacological rationale and interventions in health and illness. Includes implications for specific drugs. Prerequisite 227 310 Conceptual Foundations of Practice (4) Examination of conceptual foundations of baccalaureate nursing practice including the roles of the professional nurse. Focuses on critical thinking skills necessary to analyze scholarly literature including nursing research. Prerequisite: Admission to degree completion sequence 326 Acute Health Needs (5) Presents theory, rationale, and specific nursing interventions for acutely ill clients of all ages and their families. Emphasizes application of the nursing process. Prerequisite: Completion of School of Nursing program plan for sophomore year. Prerequisite or corequisite 308. Corequisite 336 or 337 or 338 328 Acute Health Needs (3-4) Continues content and emphasis begun in 326. Prerequisite 326. Prerequisite or Corequisite 336 and/or 337, and/or 338 330 Health Assessment for the (4) Introduces students to the process of health assessment. Emphasis on performing a full screening assessment of well clients across the life-span 336 Acute Care Clinical: Adult (2) Application of theory, research and client care skills presented in 326/328 in the clinical setting with a focus on adults. Corequisite 326 or 328 337 Acute Care Clinical: Child (2) Application of theory, research and client care skills presented in 326/328 in the clinical setting with a focus on children. Corequisite 326 or 328 338 Acute Care Clinical: Family (2) Application of theory, research and client care skills presented in 326/328 in the clinical setting with a focus on emerging families. Corequisite 326 or 328. 436 340 Health Promotion in the Community (4) Focuses on the development of nursing strategies for health promotion with diverse client populations over the life span. Prerequisite or Corequisite 310 354 Nursing Care Management (2) Presents principles and knowledge necessary to coordinate and manage health care. Explores the ethical, legal and financial issues impacting health care delivery. Prerequisite 326 355 Nursing Leadership and Health Care Issues (2-4) Examine the influence of customer demands, characteristics of the healthcare workplace, reimbursement systems and outcome measures on the cost, availability and quality of healthcare services. Prerequisite or Corequisite 310 360 Topics in Nursing (1-12) Presents special topics or areas of nursing that students may wish to develop. Clinical experience in health care facility may be required 426 Nursing: Home and Community (2-4) Focuses on principles, knowledge, skills, and attitudes necessary to deliver health care in the community, including the home setting. Prerequisite or Corequisite 310 428 Community Nursing (3) Examination of the role of the nurse in the community. Focuses on community resources as well as the legal, ethical, and legislative issues related to community nursing. Prerequisite 328 450 Nursing: Vulnerable Populations for the (2-4) Focuses on the provision of nursing care to vulnerable populations. Examines race, ethnicity, religion, gender, socioeconomic environmental circumstances, and developmental status. This course satisfies the university ethnic diversity requirement. Prerequisite or Corequisite 310 452 Scientific Inquiry (2-4) Emphasizes the salient points of the research process and evidenced based practice. Prerequisite 252 Completion Sequence: Prerequisite or Corequisite 310 460 Topics in Nursing (2-6) Provides comprehensive theoretical nursing content related to a specialty area, e.g., critical care, maternity, etc. Clinical experience in a health care facility may be required. Prerequisite: Completion of School of Nursing program plan for junior year 470 Chronic Health Conditions (3) Presents theory, rationale, and specific nursing interventions for chronically ill clients of all ages and their families. Emphasizes application of the nursing process. Prerequisite: Completion of School of Nursing program plan for junior year. Corequisite 471, 477 471 Chronic Care Clinic (2) Application in the clinical setting of principles, concepts, and client care skills presented in 470. Corequisite 470 472 Nursing Synthesis (1) Analyze and debate theoretical and practice issues impacting health care delivery. Prerequisite 428, 470. Corequisite 473 437 473 Nursing Synthesis Clinical (5) Application in the clinical setting of theory, research and client care skills presented in 472. Corequisite 472 474 Nursing Synthesis for the (4) Analyze and debate theoretical and practice issues impacting health care delivery. Prerequisite 310 Corequisite 475. Prerequisite or Corequisite 340, 355, 426, 450,452 475 Nursing Synthesis for the Clinical (1-5) Application of theory, research and client care skills presented in 474. Prerequisite 310. Prerequisite or Corequisite 340,355, 426, 450, 452, 474 477 Chronic Care Clinical: Psychiatric (2) Application in a psychiatric clinical setting of principles, concepts, and client care skills learned in 470. Corequisite 470 490 Independent Study (1-12) Engages students in individual research, directed readings or group study under the supervision of a faculty member. 438 This list reflects faculty appointments effective August 15, 2003, as they were available on the publication date. Officers of Instruction D. RUSSI, President of Oakland University and Professor of Health Sciences, Ph.D., University of Kansas K. MOUDGIL, Vice President for Academic Affairs and Provost and Professor of Biological Sciences, Ph.D., Banaras Hindu University (India ABDEL-ATY-ZOHDY, Associate Professor of Engineering, Ph.D., University of Waterloo (Canada F. ABIKO, Associate Professor of Art History, Ph.D., Princeton University ADLER, Clinical Instructor in Physical Therapy, M.A., Wayne State University AIGBEDO, Assistant Professor of Production and Operations Management, Ph.D., University of Tsukuba (Japan M. ALBER, Associate Professor of Education, Ed.D., Wayne State University ALBRIGHT, Adjunct Assistant Professor of Music, B.Mus.Ed., Indiana University ALKIDAS, Adjunct Professor of Engineering, Ph.D., Cornell University ALOI, Assistant Professor of Engineering, Ph.D., Ohio University B. ALSTON, Associate Professor of Music, D.M.A., University of Michigan D. ALTAN, Adjunct Professor of Engineering, Ph.D., University of California (Berkeley ANDERSEN, Associate Professor of Rhetoric, Ph.D., University of Detroit J. ANDERSON, Clinical Associate Professor of Medical Laboratory Sciences, M.D., Wayne State University L. ANDERSON, Visiting Assistant Professor of Education, M.A., Oakland University F. ANDERSON, Assistant Professor of English, Ph.D., University of Rochester C. ANDRESS, Assistant Professor of Wellness, Health Promotion, and Injury Prevention, Dr.P.H., Loma Linda University T. ANDREWS, Professor of Mathematical Sciences, Ph.D., University of Illinois L. APPLETON, Distinguished Professor of Political Science, Ph.D., University of Minnesota ARI, Professor of Biomedical Sciences, Ph.D., Lucknow University (India ARMIN, Clinical Associate Professor of Medical Laboratory Sciences, M.D., Tehran University (Iran P. ARMOUR, Adjunct Assistant Professor of Medical Physics, Ph.D., University of Texas M. AWBREY, Associate Professor of Education and Vice Provost for Under- graduate Education, Ph.D., Michigan State University BAILLARGEON, Assistant Professor of Art and Art History, Ph.D., Univer- sity of California (Santa Barbara G. BAKER, Special Instructor in Communication, M.A., Eastern Michigan University OMGBA, Visiting Assistant Professor of French, M.A., University of Cote d\u2019Ivoire (Ivory Coast M. BANGS, Assistant Professor of Economics, Ph.D., University of Minnesota 439 C. BARBER, Professor of Engineering and Chairperson, Department of Mechanical Engineering, Ph.D., University of Michigan A. BARCLAY, Professor of Management, Ph.D., Wayne State University F. BARRON, Associate Professor of Education, Ph.D., Syracuse University S. BAZAZ, Professor of Accounting, Ph.D., University of Oklahoma M. BEAUVAIS, Clinical Instructor in Medical Laboratory Sciences, B.S., Wayne State University R. BECK, Adjunct Professor of Engineering, Ph.D., University of Iowa BECKER, Adjunct Professor of Chemistry, Ph.D., University of Washington BECKER, Special Instructor in Rhetoric, Communication and Journalism, M.A., Oakland University M. BENKEN, Visiting Instructor in Education, M.S., University of Michigan BENNETT, Adjunct Assistant Professor of Chemistry, Ph.D., Oakland University K. BENSON, Professor of History, Ph.D., University of Leeds (England BERCU, Clinical Professor of Health Sciences, M.D., Washington University S. BERK, Adjunct Professor of Medical Laboratory Sciences, Ph.D., University of Chicago I. BERNE, Assistant Professor of Education, Ph.D., Michigan State University J. BERTOCCI, Professor of Anthropology, Ph.D., Michigan State University BERVEN, Special Instructor in French, Ph.D., University of Maryland A. BERVEN, Associate Professor of Biological Sciences, Ph.D., University of Maryland BHARGAVA, Assistant Professor of Education, Ph.D., University of Texas (Austin BHARGAVA, Associate Professor of Marketing and Chairperson, Department of Management and Marketing, Ph.D., University of Texas (Austin L. BHATT, Professor of Engineering and Associate Dean, School of Engineer- ing and Computer Science, Ph.D., Oakland University J. BINKERT, Professor of Linguistics and Classics and Chairperson, Department of Linguistics, Ph.D., University of Michigan BLACK, Adjunct Instructor in Physical Therapy, M.S., McMaster University (Canada BLASKO, Assistant Professor of Finance, Ph.D., University of Georgia E. BLEIL, Adjunct Professor of Physics, Ph.D., University of Oklahoma W. BLUME, Associate Professor of Education, Ph.D., Texas Technological University BOELTER, Associate Professor of Music and Chairperson, Department of Music, Theatre and Dance, D.M.A., University of Michigan BOHTE, Assistant Professor of Political Science, Ph.D., Texas University BOLAK, Assistant Professor of Education, Ed.D., Wayne State University BONDER, Adjunct Professor of Mathematical Sciences, Ph.D., Ohio State University F. BORDLEY, Adjunct Professor of Engineering, Ph.D., University of California (Berkeley BORREGO, Adjunct Professor of Health Behavioral Sciences, M.D., M.P.H., University of LaSalle (Mexico BOUCHAFFRA, Assistant Professor of Engineering, Ph.D., Universite Des Sciences Sociales, DeGrenoble (France D. BOUTROS, Clinical Instructor in Physical Therapy, M.Ed., Wayne State University BREIDENBACH, Special Instructor in Rhetoric, M.A., Oakland University BRIEGER, Professor of Chemistry, Ph.D., University of Wisconsin L. BRIGGS-BUNTING, Professor of Journalism, J.D., University of Detroit 440 E. BRIOD, Associate Professor of Education and Philosophy, Ph.D., Northwestern University BROOKS, Clinical Assistant Professor of Exercise Science, M.D., Michigan State University K. BROWN, Professor of Anthropology, Ed.D., Harvard University L. BROWN, Adjunct Associate Professor of Medical Physics, Ph.D., University of Toronto (Canada BRYANT, Professor of Chemistry, Ph.D., University of Wroclaw (Poland C. BRYANT-FRIEDRICH, Assistant Professor of Chemistry, Ph.D., Ruprecht-Karls University (Germany W. BULL, Professor of Chemistry, Ph.D., Wayne State University J. BURKE, Professor of Philosophy, Ph.D., University of Chicago L. BUTZLAFF, Assistant Professor of Psychology, Ph.D., Harvard University BYERS, Assistant Professor of Education, Ph.D., University of North Texas BYRD, Clinical Assistant Professor of Exercise Science, D.O., Chicago College of Osteopathic Medicine CAHLON, Professor of Mathematical Sciences, Ph.D., Tel Aviv University (Israel H. CALLAGHAN, Professor of Accounting, Ph.D., University of Illinois (Urbana-Champaign M. CALLEWAERT, Professor of Chemistry, Ph.D., Wayne State University B. CAMERON, Professor of Art History, Ph.D., Yale University CAPONE, Clinical Assistant Professor of Biomedical Sciences, M.D., Brown University T. CARDIFF, Assistant Professor of English, Ph.D., Western Michigan University A. CARLSON, Adjunct Instructor in Medical Physics, M.S., Wayne State University CASTILLO, Adjunct Assistant Professor of Medical Laboratory Sciences, M.S., Ohio State University II, Assistant Professor of Accounting, Ph.D., Virginia Polytechnic Institute CHALASINSKI, Adjunct Professor of Chemistry, Ph.D., University of Warsaw (Poland CHANG, Assistant Professor of Engineering, Ph.D., Pennsylvania State University E. CHAPMAN, Assistant Professor of History, Ph.D., Georgetown University CHAUDHRY, Associate Professor of Biological Sciences, Ph.D., University of Manitoba (Canada A. CHAVEZ, Assistant Professor of Chemistry, Ph.D., University of California (Santa Cruz E. CHECK, Clinical Associate Professor of Health Sciences, M.D., Wayne State University H. K. CHEN, Adjunct Professor of Engineering, Ph.D., University of Illinois (Urbana-Champaign CHENG, Professor of Mathematical Sciences, Ph.D., Rutgers University CHENG, Associate Professor of Mathematical Sciences, Ph.D., University of Waterloo (Canada CHEOK, Professor of Engineering and Interim Chairperson, Department of Electrical and Systems Engineering, Ph.D., Oakland University CHIANG, Adjunct Associate Professor of Engineering, Ph.D., University of Wisconsin (Madison 441 K. CHINTALA, Assistant Professor of Biomedical Sciences, Ph.D., Osmania University (India CHIPMAN, Professor of Mathematical Sciences, Ph.D., Dartmouth College CHOPP, Professor of Physics, Ph.D., New York University F. CIPIELEWSKI, Associate Professor of Education, Ph.D., Oakland University O. CLARK, Visiting Assistant Professor of Education, Ph.D., University of Detroit J. CLARK, Assistant Professor of History, Ph.D., Duke University F. CLARK, Assistant Professor of Education, Ph.D., University of Minnesota M. CLARKE, Special Instructor in Communication, M.A., Oakland University R. CLASON, Associate Professor of German, Ph.D., University of California (Davis M. CLEARY, Adjunct Instructor in Industrial Health and Safety, M.B.A., Washington University COLE, Associate Professor of English, Ph.D., State University of New York (Buffalo COMPTON, Adjunct Assistant Professor of Chemistry, M.S., Oakland University CONDIC, Associate Professor, University Library, M.S.L., Western Michigan University W. CONNELLAN, Associate Professor of Journalism and Associate Dean for Community Programs, College of Arts and Sciences, Ph.D., University of Michigan A. CONNERY, Professor of English, Ph.D., University of Arizona COOPER, Associate Professor of Rhetoric and Communication, Ph.D., Wayne State University M. COPPIN, Professor of Economics, Ph.D., University of Illinois (Urbana- Champaign COPPOLA, Professor of Hindi-Urdu and Linguistics, Ph.D., University of Chicago M. CORRY, Adjunct Professor of Medical Physics, Ph.D., University of Texas D. COWLISHAW, Associate Professor of Biological Sciences and Chairperson, Department of Biological Sciences, Ph.D., Pennsylvania State University L. CRABILL, Special Instructor in Communication, M.A., Oakland University L. CRAMER, Professor of Education, Ph.D., University of Delaware S. CRAMER, Assistant Professor, University Library, M.S.L.S., Case Western Reserve University S. CREIGHTON, Adjunct Instructor in Physical Therapy, M.S., University of Detroit D. CRISSMAN, Clinical Professor of Medical Laboratory Sciences, M.D., Case Western Reserve University A. CRON, Associate Professor of Education, Ph.D., University of Toledo R. CRONN, Professor of Chemistry, Ph.D., University of Washington CSEH, Assistant Professor of Education, Ph.D., University of Georgia CUKR, Clinical Instructor in Exercise Science, M.S., Oakland University CULVER-SCHULTZ, Clinical Instructor in Medical Laboratory Sciences, M.S., University of Michigan CUNNINGHAM, Assistant Professor of Music, Ed.D., University of Illinois N. CYRLIN, Clinical Associate Professor of Biomedical Sciences, M.D., Washington University (St. Louis, Missouri L. DAHLSTROM, Special Instructor in Journalism, M.A., Michigan State University DAS, Professor of Engineering, Ph.D., Colorado State University DEBNATH, Assistant Professor of Engineering, Ph.D., Kyushu Institute of Technology (Japan DECIMO, Clinical Assistant Professor of Health Behavioral Sciences, M.D., University of Palermo (Italy) 442 H. DECLAIRE, Clinical Assistant Professor of Exercise Science, M.D., University of Michigan DEMBINSKI, Assistant Professor of Chemistry, Ph.D., Polish Academy of Science (Poland J.C. DeMEIRELES, Clinical Assistant Professor of Exercise Science, M.D., University of Michigan DENG, Assistant Professor of Management Information Systems, Ph.D., University of Toledo A. DePOLO, Clinical Assistant Professor of Exercise Science, D.O., Philadel- phia College of Osteopathic Medicine E. DeSOLE, Clinical Professor of Health Behavioral Sciences, M.D., University of Cincinnati DESSERT, Associate Professor of Engineering, Ph.D., Oakland University DICKERSON, Special Instructor in Rhetoric, B.S., Ohio State University K. DIDIER, Professor and Dean, University Library, Ph.D., University of Michigan DIGGORY, Adjunct Assistant Professor of Music, D.M.A., Indiana University J. DILLON, Professor of Accounting, Ph.D., University of Michigan DINDA, Adjunct Assistant Professor of Biological Sciences, Ph.D., Oakland University DINGLER, Clinical Instructor in Medical Laboratory Sciences, B.F.A., University of Wisconsin A. DISCENNA, Assistant Professor of Communication, Ph.D., Wayne State University P. DOANE, Professor of Quantitative Methods, Ph.D., Purdue University DOBREFF, Adjunct Assistant Professor of Health Behavioral Sciences, J.D., Detroit College of Law DORANDO, Clinical Professor of Physical Therapy, B.S., Adelphi College W. DOW, Professor of Anthropology, Ph.D., Brandeis University J. DOWNING, Associate Professor of Mathematical Sciences and Dean, College of Arts & Sciences, Ph.D., University of Iowa A. DULIO, Assistant Professor of Political Science, Ph.D., American University DUNN, Assistant Professor of Nursing, Ph.D., R.N., Wayne State University DVIR, Assistant Professor of Biological Sciences, Ph.D., Hebrew University of Jerusalem (Israel I. DVORIN, Clinical Assistant Professor of Medical Laboratory Sciences, Ph.D., Academy of Science of J. DWORKIN, Adjunct Professor of Medical Physics and Clinical Professor of Medical Laboratory Sciences, M.D., Albany Medical College (New York) DeWITT S. DYKES, JR., Associate Professor of History, M.A., University of Michigan W. EATHORNE, Clinical Assistant Professor of Exercise Science, M.D., Wayne State University B. EBERLY, Associate Professor of Psychology, Ph.D., Ohio State University D. EBERWEIN, Distinguished Professor of English, Ph.D., Brown University T. EBERWEIN, Professor of English, Ph.D., Wayne State University EDDY, Clinical Instructor in Industrial Health and Safety, M.S., Wayne State University EHRMAN, Clinical Assistant Professor of Exercise Science, Ph.D., Ohio State University EIS, Special Instructor in Art History, M.F.A., Cranbrook Academy of Art N. EISENHOWER, Professor of Dance, M.F.A., Arizona State University ELDER, Associate Professor of Physics, Ph.D., University of Toronto (Canada 443 H. ELHAJJ, Assistant Professor of Engineering, Ph.D., Michigan State University ELIEZER, Professor of Chemistry, Ph.D., Hebrew University of Jerusalem (Israel ELIEZER, Adjunct Assistant Professor of Chemistry, Ph.D., Hebrew University of Jerusalem (Israel F. ERICKSON, Clinical Instructor in Physical Therapy, B.S., Georgia State University A. ESTES, Associate Professor of History, Ph.D., University of Kentucky C. ETTINGER, Adjunct Professor of Chemistry, Ph.D., University of Illinois P. EVANS, Visiting Assistant Professor of Linguistics and Chinese, Ph.D., University of California (Berkeley EVJENTH, Consulting Professor of Physical Therapy, Orthopedic Institute, Oslo (Norway R. EWING, Adjunct Associate Professor of Medical Physics, Ph.D., Oakland University R. FALKENBURG, Adjunct Professor of Engineering, Ph.D., Case Western Reserve University J. FARRAGHER, Professor of Finance and Chairperson, Department of Accounting and Finance, Ph.D., University of Illinois (Urbana-Champaign S. FINK, Associate Professor of Education, Ph.D., State University of New York C. FINUCANE, Professor of History, Ph.D., Stanford University C. FISH, Associate Professor of Education, Ed.D., Columbia University B. FLIEDNER, Associate Professor of Production & Operations Management, D.B.A., Indiana University T. FOLLAND, Associate Professor of Economics, Ph.D., University of Iowa J. FOLLO, Professor of Education, Ed.D., Wayne State University A. FRANKLIN, Clinical Professor of Exercise Science, Ph.D., Pennsylvania State University R. FRAZEE, Adjunct Instructor in Industrial Health and Safety, M.S., University of Michigan G. FREEMAN, Professor of Education, Ph.D., University of Michigan A. FRICK, Professor of Engineering and Dean, School of Engineering and Computer Science, Ph.D., London University (England FRIEDMAN, Adjunct Instructor in Nursing, M.S., University of Michigan M. GALLOWAY, Assistant Professor of Physical Therapy, D.Sc., Rocky Mountain University of Health Professions J. GAMBOA, Professor of Biological Sciences, Ph.D., University of Kansas GANESAN, Professor of Engineering, Ph.D., Indian Institute of Science (India C. GARDNER, Professor of Accounting and Dean, School of Business Adminis- tration, Ph.D., Michigan State University GARFINKLE, Professor of Physics and Interim Chairperson, Department of Physics, Ph.D., University of Chicago R. GARRETSON, Clinical Assistant Professor of Biomedical Sciences, M.D., Wayne State University L. GARVIN, Adjunct Professor of Biological Sciences, Ph.D., Duke University V. GARZA, Adjunct Instructor in Medical Laboratory Sciences, B.S., Central Michigan University L. GATES, Clinical Instructor in Medical Laboratory Sciences, M.S., University of Michigan GENDELL, Associate Professor of Chemistry, Ph.D., Cornell University GERHARD, Clinical Assistant Professor of Exercise Science, D.O., Chicago College of Osteopathic Medicine 444 R. GERHART, Adjunct Professor of Engineering, Ph.D., Wayne State University GIARELLI, Adjunct Associate Professor of Health Behavioral Sciences, Ph.D., University College of London R. GIBERSON, Assistant Professor of Education, Ph.D., Wayne State Univer- sity J. GIBLIN, Professor of Biomedical Sciences and Interim Director, Eye Research Institute, Ph.D., State University of New York (Buffalo L. GIBSON, Associate Professor of Education, Ph.D., Wayne State University GIBSON-SCIPIO, Adjunct Instructor in Nursing, M.S.N., R.N., Wayne State University GILBOE, Clinical Instructor in Physical Therapy, B.S., Wayne State University E. GILLESPIE, Associate Professor of Theatre, Ph.D., Stanford University M. GILSON, Assistant Professor of English, Ph.D., Washington University F. X. GOLDBERG, Assistant Professor of Biomedical Sciences and Adjunct Assistant Professor of Biological Sciences, Ph.D., Brandeis University J. GOLDSTEIN, Professor of Political Science, Ph.D., University of Chicago S. GOODMAN, Professor of Education, Ph.D., Wayne State University G. GOODY, Assistant Professor of Art, M.F.A., Slade School of Fine Art, University College London R. GORDON, Associate Professor of Biological Sciences, Ph.D., University of Vermont R. GOSLIN, Associate Professor of Exercise Science, Ph.D., Rhodes University (South Africa E. GRAETZ, Visiting Assistant Professor of Education, M.S., Wayne State University D. GRAHAM, Associate Professor of History, Ph.D., Northwestern University J. GRANADIER, Clinical Assistant Professor of Biomedical Sciences, M.D., University of Michigan R. GRAVES, Associate Professor of Philosophy and Chairperson, Department of Philosophy, Ph.D., University of California (Irvine T. GRIMM, Associate Professor of English, Ph.D., University of Virginia W. GROSSMAN, Professor of Mathematical Sciences, Ph.D., Massachusetts Institute of Technology A. GRUDZIEN, JR., Associate Professor of Biological Sciences, Ph.D., Virginia Polytechnic Institute and State University Y. L. GU, Professor of Engineering, Ph.D., Purdue University GU, Professor of Engineering, Ph.D., State University of New York (Buffalo GUESSOUS, Assistant Professor of Engineering, Ph.D., University of Michigan S. GUNSBERG, Associate Professor of Education, Ph.D., University of Illinois HAAR, Special Instructor in Rhetoric, Ph.D., University of Maryland L. HAHN, Associate Professor of French, Ph.D., University of Wisconsin (Madison F. HALPIN, Associate Professor of Philosophy, Ph.D., University of Illinois (Chicago B. HAMILTON, Associate Professor of Rhetoric, Ph.D., University of Southern California C. HANKIN, Clinical Assistant Professor of Medical Laboratory Sciences, M.D., University of Rochester M. HANNA, Visiting Assistant Professor of Engineering, Ph.D., Oakland University H. HANSEN, Associate Professor of Psychology, Ph.D., Michigan State University 445 M. HANSEN, Associate Professor of Biological Sciences, Ph.D., Medical College of Wisconsin T. HANSEN, Associate Professor of Education, Ph.D., University of Detroit D. HANSEN, Professor of Psychology and Interim Vice Provost for Research and Graduate Study, Ph.D., University of Connecticut O. HARRISON, Professor of Psychology, Ph.D., University of Michigan HARVEY, Clinical Instructor in Medical Laboratory Sciences, B.A., Mercy College of Detroit E. HASKELL, Professor of Engineering, Ph.D., Rensselaer Polytechnic Institute S. HASSAN, Clinical Assistant Professor of Biomedical Sciences, M.D., University of Michigan E. HAWKINS, Associate Professor of English, Ph.D., University of Oregon D. HAWLEY, Assistant Professor of Education, Ph.D., University of South Carolina C. HAWORTH, Adjunct Associate Professor of Engineering, Ph.D., Cornell University HAY, Assistant Professor of Communication, Ph.D., Ohio State University M. HEISLER, Assistant Professor of Communication, Ph.D., Michigan State University W. HENKE, JR., Associate Professor of Marketing, Ph.D., Michigan State University E. HERMAN, Adjunct Associate Professor of Medical Laboratory Sciences, M.D., Wayne State University HEROLD, Associate Professor of English, Ph.D., University of California (Berkeley R. HIGHTOWER, Professor of Health Sciences, Ph.D., Southern Illinois University L. HILDEBRAND, Assistant Professor, University Library, M.A., University of Denver C. HILL, Adjunct Instructor in Industrial Health and Safety, M.S., Wayne State University E. HILL, Clinical Assistant Professor of Exercise Science, M.D., Howard University G. HILLARD, III, Adjunct Professor of Education, Ed.D., University of Denver L. HITT, Assistant Professor of Biological Sciences, Ph.D., Vanderbilt University HOEPPNER, Professor of English, Ph.D., University of Iowa M. HOFFMAN, Adjunct Associate Professor of Industrial Health and Safety, Ph.D., Naval Postgraduate School B. HOOGTERP, Adjunct Associate Professor of Engineering, Ph.D., Oakland University S. HORNING, Professor of Rhetoric and Linguistics, Ph.D., Michigan State University K. HOVEY, Assistant Professor of Nursing, Ph.D., R.N., Michigan State University L. HOWELL, Professor of Communication and Interim Chairperson, Department of Rhetoric, Communication & Journalism, Ph.D., Wayne State University Y. Y. HUNG, John F. Dodge Professor of Engineering, Ph.D., University of Illinois HUNTER, Professor of Biological Sciences, Ph.D., Syracuse University L. INGRAM, Assistant Professor of Education, Ed.D., Wayne State University W. ISKEN, Assistant Professor of Management Information Systems, Ph.D., University of Michigan IZRAELI, Professor of Economics, Ph.D., University of Chicago 446 C. JACKSON, Associate Professor of Nursing, Ph.D., R.N., Wayne State University JAKUBIAK-KOVACEK, Clinical Instructor in Physical Therapy, B.S., Wayne State University W. JARSKI, Associate Professor of Exercise Science, Ph.D., University of Iowa M. JAVORSKY, Assistant Professor of Education, Ph.D., Purdue University JAYMES, Professor of French, Ph.D., University of Kansas JENKINS, Visiting Assistant Professor of Education, Ph.D., University of Michigan JIANG, Associate Professor of Mathematical Sciences, Ph.D., University of Texas (Austin JIANG, Adjunct Assistant Professor of Medical Physics, Ph.D., Oakland University L. JORDAN, Special Instructor in Music, M.M., Wayne State University L. JOSEPH, Assistant Professor of English, Ph.D., Florida State University R. JOZWIAK, Adjunct Associate Professor of Engineering, Ph.D., Wayne State University E. KALIST, Visiting Instructor in Economics, Ph.D., Wayne State University KANTROWITZ, Adjunct Professor of Medical Physics, M.D., Long Island College of Medicine C. KARASCH, Professor of History, Ph.D., University of Wisconsin F. KAZMIERSKI, Clinical Associate Professor of Exercise Science, D.O., Des Moines College of Osteopathic Medicine and Surgery G. KEANE, Associate Professor of Education, Ed.D., Columbia University S. KENNEDY, Clinical Instructor in Exercise Science, M.S., Oakland Univer- sity J. KETEYIAN, Clinical Associate Professor of Exercise Science, Ph.D., Wayne State University J. KEYSE, Assistant Professor, University Library, M.A., University of Michigan N. KHAN, Clinical Assistant Professor of Health Sciences, M.B.B.S., University of Karachi (Pakistan B. KHAPOYA, Professor of Political Science, Ph.D., University of Denver KHATTREE, Professor of Mathematical Sciences, Ph.D., University of Pittsburgh M. KIDGER, Assistant Professor of Music, Ph.D., Harvard University G. KIETLINSKA, Special Instructor in Rhetoric, M.A., University of Gdansk (Poland KIM, Adjunct Professor of Medical Physics, Ph.D., University of Iowa D. KIM, Associate Professor of Marketing, Ph.D., University of Cincinnati KIMLER, Clinical Assistant Professor of Exercise Science, Ph.D., Wayne State University J. KING, Consulting Assistant Professor of Health Behavioral Sciences, M.P.H., University of Michigan R. KINI, Clinical Associate Professor of Medical Laboratory Sciences, M.B.B.S., Bombay University J. KISSOCK, Assistant Professor of Linguistics, Ph.D., Harvard University W. KITCHENS, Assistant Professor of Rhetoric, Ph.D., Wayne State University S. KLEMANSKI, Professor of Political Science, Ph.D., Wayne State University M. KLUKA, Clinical Instructor in Medical Laboratory Sciences, M.S., Wayne State University S. KNICKERBOCKER, Clinical Instructor in Physical Therapy, M.S., Oakland University 447 KNIGHT, Adjunct Associate Professor of Medical Physics, Ph.D., Oakland University KNOX, III, Associate Professor of Theatre, M.F.A., Yale University KO, Associate Professor of Engineering, Ph.D., University of Oklahoma KOBUS, Assistant Professor of Engineering, Ph.D., Oakland University I. KONTOGHIORGHES, Assistant Professor of Education, Ph.D., Georgia State University KOPP, Clinical Instructor in Physical Therapy, M.P.T., Oakland University R. KOPPELMAN, Assistant Professor of Philosophy, Ph.D., University of Iowa A. KOTYNEK, Associate Professor of History, Ph.D., Northwestern University R. KOVACEK, Clinical Instructor in Physical Therapy, M.S.A., Central Michigan University W. KRAEMER, Assistant Professor, University Library, M.L.S., Wayne State University R. KRAUSS, Instructor in Physical Therapy, M.S., Oakland University E. KRESTA, Adjunct Professor of Chemistry, Ph.D., Czechoslovak Academy of Science (Prague KRIDLI, Assistant Professor of Nursing, Ph.D., R.N., University of Missouri (Columbia R. KROESCHE, Assistant Professor of Music, D.M.A., University of Michigan KRUK, Assistant Professor of Mathematics and Statistics, Ph.D., University of Waterloo (Canada J. KUBICEK, Associate Professor of Political Science, Ph.D., University of Michigan KULWICKI, Professor of Nursing, D.N.S., R.N., Indiana University School of Nursing L. KURZMAN, Special Instructor in Rhetoric, Ph.D., The Union for Experimenting Colleges and Universities (Cincinnati, Ohio H. KUSHLER, Associate Professor of Mathematical Sciences, Ph.D., Univer- sity of Michigan M. KUSOW, Assistant Professor of Sociology, Ph.D., Wayne State University K. LAL, Assistant Professor of Biological Sciences, Ph.D., University of Nebraska LANDAU, Associate Professor of Psychology, Ph.D., University of California A. LARSON, Assistant Professor of Physical Therapy, Ph.D., University of Michigan W. LASKI, Professor of Engineering, Ph.D., Technical University of Gdansk (Poland A. LATCHA, Associate Professor of Engineering, Ph.D., Wayne State University L. LAU, Associate Professor of Communication, Ph.D., Southern Illinois University W. LAUER, Professor of Management Information Systems, Ph.D., Indiana University R. LAVOIE, Clinical Instructor in Medical Laboratory Sciences S. LAWSON, Clinical Professor of Medical Laboratory Sciences, M.D., Wayne State University LEE, Assistant Professor of Management, M.A., University of Cambridge (England LEE, Adjunct Associate Professor of Engineering, Ph.D., University of Wisconsin (Madison) 448 A. LEMERAND, Clinical Assistant Professor of Physical Therapy, Ph.D., University of Michigan J. LEPKOWSKI, Associate Professor, University Library, A.M.L.S., University of Michigan M. LETSHOLO, Visiting Assistant Professor of Linguistics, Ph.D., University of Michigan B. LEVIN, Clinical Professor of Exercise Science, M.D., Wayne State University D. LEVINE, Clinical Instructor in Exercise Science, M.S.A., Central Michigan University A. LEWIS, Visiting Instructor in Journalism, M.A., Central Michigan University LI, Assistant Professor of Engineering, Ph.D., University of Michigan LI, Associate Professor of Engineering, Ph.D., Johns Hopkins University LI, Assistant Professor of Education, Ph.D., Oakland University S. LICKER, Professor of Management Information Systems and Chairperson, Department of Decision and Information Sciences, Ph.D., University of Pennsylvania G. LILLISTON, Associate Professor of Psychology, Ph.D., Temple University B. LINDEMANN, Professor of Biological Sciences, Ph.D., State University of New York (Albany E. LININGER, Clinical Instructor in Health Sciences, M.D., Wayne State University LIPTAK, Assistant Professor of Mathematical Sciences, Ph.D., Yale University LIU, Assistant Professor of Engineering, Ph.D., University of Southern California K. LOH, Professor of Engineering and Director of the Center for Robotics and Advanced Automation, Ph.D., University of Waterloo (Canada N. LOMBARD, Associate Professor of Political Science, Ph.D., Colorado State University V. LOMBARDO, Assistant Professor, University Library, M.L.S., Wayne State University A. LOMBARDO, Assistant Professor of Psychology, Ph.D., Wayne State University P. LONG, Associate Professor of Education, and Chairperson, Department of Human Resource Development, J.D., Detroit College of Law LOOKA, Adjunct Assistant Professor of Engineering, Ph.D., Alexandra University (Egypt K. LOSE, Assistant Professor of Education, Ed.D., Drake University I. LOUGHEED, Professor of Education, Ed.D., Wayne State University LU, Assistant Professor of Engineering, Ph.D., University of Birmingham (England S. LUNDY, Senior Clinical Instructor in Physical Therapy, M.S., East Carolina University MABEE, Professor of German and Chairperson, Department of Modern Languages and Literatures, Ph.D., Ohio State University A. MACAULEY, Associate Professor of Political Science and Associate Dean, College of Arts & Sciences, Ph.D., University of Houston G. MACDONALD, Assistant Professor of Education, Ph.D., University of Calgary (Canada MACHMUT-JHASHI, Assistant Professor of Art History, Ph.D., Indiana University 449 J. MADAK, Clinical Assistant Professor of Exercise Science, D.O., Michigan State University MADHAVAN, Adjunct Professor of Biological Sciences, M.D., University of Madras (India R. MAINES, Professor of Sociology and Chairperson, Department of Sociology and Anthropology, Ph.D., University of Missouri (Columbia E. MALEC, Visiting Assistant Professor of Dance, M.F.A., Arizona State University J. MANN, Associate Professor of English and Chairperson, Department of English, Ph.D., University of Michigan V. MANTESE, Adjunct Professor of Physics, Ph.D., Cornell University C. MARCOUX, Professor of Physical Therapy, Ph.D., University of Michigan S. MARKEL, Assistant Professor of Management, Ph.D., Michigan State University R. C. MARKS, Associate Professor of Exercise Science, Ph.D., University of Michigan E. MARSH, Special Instructor in Engineering, M.S., Oakland University C. MASER, Adjunct Instructor in Industrial Health and Safety, M.S., Wayne State University D. MATHIESON, Associate Professor of Management Information Systems, Ph.D., Indiana University C. MATTHEWS, Assistant Professor of History, Ph.D., University of Chicago C. MATTSON, Clinical Professor of Medical Laboratory Sciences, M.D., Northwestern University O. MAYER, Professor of Management, LL.M., Georgetown University L. McCLOSKEY, Special Instructor in English, M.A., Oakland University T. McCLURE, Special Instructor in English, M.A., Oakland University C. McDONALD, Visiting Professor of Statistics, Ph.D., Purdue University E. McENEANEY, Associate Professor of Education, Ph.D., University of Georgia Q. MCGINNIS, Assistant Professor of Psychology, Ph.D., University of Southern California W. MCGLOTHLIN, Assistant Professor of Industrial Health and Safety, Ph.D., Colorado State University B. McGOWAN, Visiting Professor of Finance, Ph.D., Michigan State University McMILLON, Assistant Professor of Education, Ph.D., Michigan State University McNAIR, Associate Professor of Education, Ed.D., University of Michigan D. MEAKEM, Clinical Instructor in Medical Laboratory Sciences, B.S., Mercy College of Detroit J. MEEHAN, Professor of Sociology, Ph.D., Boston University A. MELAMED-BROWN, Visiting Instructor in Education, M.Ed., University of Michigan H. MERZ, Associate Professor, University Library, M.L.S., George Peabody College D. METZLER, Assistant Professor of History, Ph.D., University of California (Berkeley I. MEUSER, Associate Professor of Spanish, Ph.D., University of Minnesota MILETO, Adjunct Instructor in Nursing, M.S., R.N., Mercy College of Detroit E. MILFORD, Clinical Associate Professor of Exercise Science, D.O., Chicago College of Osteopathic Medicine MILI, Professor of Engineering, Ph.D., University of Paris (France M. MILLER, Professor of Education, Ph.D., University of Wisconsin 450 A. J. MILLER, Associate Professor of History, Ph.D., Columbia University S. MINGELA, Adjunct Instructor in Industrial Health and Safety, M.S., Wayne State University MINOR, Associate Professor of Education, Ph.D., Indiana University E. MIREE, Assistant Professor of Management, Ph.D., Florida University A. MITCHELL, Assistant Professor of Music, Ph.D., University of Missouri (Kansas City M. MITCHELL-GIELEGHEM, Assistant Professor of Nursing, Ph.D., R.N., Wayne State University E. MITTELSTAEDT, Associate Professor of Nursing, Ph.D., R.N., Michigan State University P. MITTON, Assistant Professor of Biomedical Sciences, Ph.D., University of Western Ontario (Canada H. MOORE, Assistant Professor of Education and Chairperson, Department of Educational Leadership, Ph.D., Michigan State University MOORE, Associate Professor of Nursing, Ph.D., R.N., Wayne State University H. MOORE, Professor of Chemistry, Ph.D., Wayne State University F. MORAN, Associate Professor of History, Ph.D., American University M. MORENO-MAZZOLI, Associate Professor of Spanish, Ph.D., University of Michigan J. MORRISON, Assistant Professor of Sociology, M.A., University of Pittsburgh M. MOSBY, Assistant Professor of Sociology, Ph.D., Wayne State University MOTWANI, Adjunct Associate Professor of Biological Sciences, Ph.D., Wayne State University L. MOTYKA, Adjunct Instructor in Nursing, M.S.N., R.N., University of Michigan P. MOURELATOS, Associate Professor of Engineering, Ph.D., University of Michigan MOURNING, Adjunct Assistant Professor of Political Science, J.D., Univer- sity of Michigan F. MOYLAN, Adjunct Professor of Mathematical Sciences, M.A., University of Detroit MUKHERJI, Associate Professor of Economics, Ph.D., Virginia Polytechnic Institute and State University F. MURPHY, Professor of English, Ph.D., University of London (England MURPHY, Professor of Finance, Ph.D., University of Georgia J. MURPHY, Professor of Economics, Ph.D., Michigan State University N. MUSCI, Clinical Associate Professor of Health Behavior Sciences, D.O., Michigan State University J. NACHMAN, Professor of Mathematical Sciences and Interim Chairperson, Department of Mathematics and Statistics, Ph.D., Ohio State University NAKAO, Associate Professor of Japanese, Ph.D., New York University NATHANSON, Adjunct Associate Professor of Medical Physics, M.D., University of Witwatersrand (South Africa NAZRI, Adjunct Professor of Chemistry, Ph.D., Case Western Reserve University K. NESBARY, Associate Professor of Political Science, Ph.D., Northeastern University E. NEWTON, Assistant Professor of Nursing, Ph.D., R.N., University of Michigan V. NIXON, Professor of English and Director, Honors College, Ph.D., Temple University M. NORRIS, Assistant Professor of Nursing, Ph.D., R.N., University of Michigan 451 M. NUECHTERLEIN, Clinical Instructor in Medical Laboratory Sciences, B.S., Michigan State University OAKLEY, Assistant Professor of Engineering, Ph.D., Oakland University L. OCHS, Clinical Instructor in Medical Laboratory Sciences, B.S., Wayne State University L. ODEN, Associate Professor of Education, Ph.D., University of Illinois J. ODORICO, Adjunct Instructor in Industrial Health and Safety, B.S., Oakland University O. OGUNYEMI, Associate Professor of Mathematical Sciences, Ph.D., Kansas State University OLDHAM, Adjunct Assistant Professor of Medical Physics, Ph.D., University of Newcastle Upon Tyne (United Kingdom L. OLSEN, Visiting Instructor in Nursing, M.S.N., R.N., Wayne State Univer- sity E. OLSON, Professor of Health Behavioral Sciences and Dean, School of Health Sciences, Ph.D., Illinois Institute of Technology J. O\u2019MAHONY, Assistant Professor of Education, Ph.D., Michigan State University R. ONDRISEK, Adjunct Instructor in Industrial Health and Safety, M.S., Central Michigan University L. ORBUCH, Associate Professor of Sociology, Ph.D., University of Wisconsin (Madison R. OSTHAUS, Professor of History and Chairperson, Department of History, Ph.D., University of Chicago L. OTTO, Professor of Education and Dean, School of Education and Human Services, Ed.D., Indiana University P. PACKARD, Professor of Education, Ed.D., Indiana University J. PAK, Clinical Professor of Health Sciences, Ph.D., University of Minnesota P. PALMER-MEHTA, Visiting Assistant Professor of Communication, Ph.D., Wayne State University PAN, Associate Professor of Mathematical Sciences, Ph.D., Ohio State University PAPAZIAN, Professor of English and Associate Dean, College of Arts and Sciences, Ph.D., University of California (Los Angeles PARAMESWARAN, Professor of Marketing and Management Information Systems, Ph.D., Georgia State University PARANJPE, Adjunct Associate Professor of Engineering, Ph.D., Columbia University L. PARFITT, Visiting Assistant Professor of Education, M.A., Eastern Michigan University PARK, Associate Professor of Mathematical Sciences, Ph.D., University of California (Berkeley PARKASH, Associate Professor of Accounting, Ph.D., University of Arizona A. PATTERSON, Associate Professor of Dance, M.F.A., University of Michigan PAURAZAS, Visiting Assistant Professor of Education, Ph.D., University of Michigan M. PAVONETTI, Assistant Professor of Education, Ed.D., University of Houston PEACOCK, Professor of Accounting and Associate Dean, School of Business Administration, Ph.D., University of Birmingham (England H. PELFREY, Associate Professor of Accounting, M.B.A., Wright State University 452 PENG, Adjunct Assistant Professor of Engineering, Ph.D., McMaster University (Canada B. PENPRASE, Assistant Professor of Nursing, M.S.N., R.N., Wayne State University PERLA, Professor of Mathematical Sciences, Ph.D., University of Rochester L. PERROTTA, Clinical Professor of Exercise Science, D.O., Chicago College of Osteopathic Medicine PETRAS, Adjunct Assistant Professor of Political Science, M.P.A., Oakland University H. PETRELLA, Assistant Professor of Music, D.M.A., University of North Texas L. PETTENGILL, Assistant Professor, University Library, M.S., Columbia University A. PFEIFFER, Associate Professor of English, Ph.D., Brandeis University M. PICKARD, Associate Professor of Education and Associate Dean, School of Education and Human Services, Ph.D., Purdue University B. PIGOTT, Associate Professor of Rhetoric, Ph.D., University of Detroit C. PIPAN, Associate Professor of Education, Ed.D., University of North Carolina PISHARODI, Associate Professor of Marketing, Ph.D., University of Tennessee PISKULICH, Associate Professor of Political Science and Chairperson, Department of Political Science, Ph.D., State University of New York (Binghamton PISKULICH, Associate Professor of Political Science, Ph.D., State University of New York (Binghamton PLACZEK, Clinical Assistant Professor of Physical Therapy, M.D., Wayne State University D. POCIASK, Clinical Instructor in Physical Therapy, M.S., Oakland University M. POGANY, Assistant Professor, University Library, A.M.L.S., University of Michigan P. POLIS, Professor of Engineering, Ph.D., Purdue University W. PONTIUS, Assistant Professor of Education, Ph.D., Ohio State Univer- sity E. PORTER, Associate Professor of Education, Ph.D., Wayne State University D. PORTNOY, Adjunct Professor of Medical Physics, M.D., Wayne State University PRASAD, Clinical Associate Professor of Exercise Science, M.D., Prince of Wales Medical College (India L. PREMO, Clinical Instructor in Medical Laboratory Sciences, B.A., University of Michigan G. PURCELL, Professor of Psychology, Ph.D., University of Toronto (Canada S. QATU, Adjunct Associate Professor of Engineering, Ph.D., Ohio State University QUINN, Associate Professor of Education, Ph.D., University of Iowa RAJAGOPALAN, Assistant Professor of Management Information Systems, Ph.D., Memphis State University RAMEY, Associate Professor of Education and Chairperson, Department of Counseling, Ph.D., University of Florida RANGANATHAN, Adjunct Assistant Professor of Engineering, Ph.D., Purdue University RAO, Clinical Assistant Professor of Health Sciences, M.D., Guntur Medical College (India RAO, Adjunct Associate Professor of Engineering, Ph.D., Oakland University F. RAPIN, Associate Professor of Spanish, Ph.D., Michigan State University 453 J. RAYMOND, Clinical Instructor in Physical Therapy, M.A., Wayne State University R. REDDAN, Professor of Biological Sciences and Adjunct Professor of Biomedi- cal Sciences, Ph.D., University of Vermont S. REDDY, Clinical Assistant Professor of Exercise Science, M.D., Osmania Medical College (India D. REEVES, Clinical Assistant Professor of Physical Therapy, Ph.D., University of Michigan E. REGER, Assistant Professor of Sociology, Ph.D., Ohio State University RIEGER, Assistant Professor of German, Ph.D., University of Virginia A. RIGSTAD, Assistant Professor of Philosophy, Ph.D., Johns Hopkins Univer- sity K. RILEY-DOUCET, Visiting Instructor in Nursing, Ph.D., R.N., Wayne State University F. RING, Assistant Professor, University Library, M.L.S., University of Wisconsin (Madison J. RIVARD, Visiting Assistant Professor of Education, Ed.D., Wayne State University F. ROBERTSON, Special Instructor in Rhetoric, M.A., Oakland University G. ROJO, Associate Professor of Physics, Ph.D., Instituto Balseiro (Argen- tina ROONEY, Associate Professor of Philosophy, Ph.D., University of California (Berkeley C. RORKE, Associate Professor of Health Sciences, Ph.D., University of Port Elizabeth (South Africa M. ROSEN, Clinical Instructor in Physical Therapy, B.S., University of Michigan S. ROSENSHEIN, Adjunct Associate Professor of Medical Physics, Ph.D., Massachusetts Institute of Technology ROSENTHALL, Assistant Professor of Linguistics, Ph.D., University of Massachusetts J. ROTH, Associate Professor of Physics, Ph.D., Vanderbilt University K. ROY, Adjunct Professor of Engineering, Ph.D., University of Missouri (Rolla J. ROZEK, Associate Professor of Industrial Health and Safety, Ph.D., Wayne State University J. RUBY, Clinical Assistant Professor of Biomedical Sciences, M.D., University of Michigan A. RUEGG, Assistant Professor of Education, Ed.D., Texas Technological University RUSEK, Professor of Engineering, Ph.D., Technical University of Warsaw (Poland W. RUSSELL, Professor of Chemistry, Ph.D., University of California (Berkeley M. SAED, Special Instructor in Chemistry and Adjunct Associate Professor of Chemistry, Ph.D., University of Essex (England P. SAHU, Professor of Economics, Ph.D., Washington University A. SALANCY, Clinical Instructor in Medical Laboratory Sciences, M.S., Wayne State University E. SALIGA, Adjunct Instructor in Physical Therapy, M.H.S., University of Indianapolis SALMAN, Adjunct Associate Professor of Engineering, Ph.D., University of Illinois (Champaign SANDOR, Assistant Professor of Engineering, Ph.D., College of William and Mary 454 P. SANGEORZAN, Associate Professor of Engineering, Ph.D., University of Wisconsin (Madison SARKAR, Adjunct Professor of Chemistry, Ph.D., Banaras Hindu University (India A. SAVAGE, Assistant Professor of Accounting, Ph.D.M., University of Port Elizabeth (South Africa J. SCHELLENBACH, Associate Professor of Sociology, Ph.D., Pennsylvania State University W. SCHENK, Adjunct Assistant Professor of Industrial Health and Safety, Ph.D., State University of New York J. SCHILLACE, Associate Professor of Psychology, Ph.D., University of Cincinnati SCHILLER, Senior Clinical Instructor in Physical Therapy, M.S., Central Michigan University G. SCHIMMELMAN, Professor of Art History, Ph.D., University of Michigan P. SCHMIDT, Professor of Mathematical Sciences, Ph.D., Montana State University E. SCHOCHETMAN, Professor of Mathematical Sciences, Ph.D., University of Maryland SCHOTT-BAER, Associate Professor of Nursing, Ph.D., R.N., Wayne State University SCHULTZ, Clinical Instructor in Medical Laboratory Sciences, M.S., University of Michigan S. SCHWARTZ, Professor of Management, Ph.D., Cornell University M. SCHWARTZ, Professor of Education and Chairperson, Department of Reading and Language Arts, Ph.D., University of Illinois C. SCHWARTZ, Associate Professor of Journalism, Ph.D., Wayne State University SCHWEITZER, Assistant Professor of Chemistry, Ph.D., University of California (Los Angeles L. SCOTT, Instructor in Education, M.Ed., Harvard University V. SEELEY, Assistant Professor of Chemistry, Ph.D., Massachusetts Institute of Technology SEN, Associate Professor of Mathematical Sciences, Ph.D., University of Wisconsin SENGUPTA, Associate Professor of Engineering, Ph.D., Clemson University SETHI, Assistant Professor of Management, Ph.D., University of Texas (Dallas SETHI, Professor of Engineering and Chairperson, Department of Computer Science and Engineering, Ph.D., Indian Institute of Technology (Kharagpur, India SETZEKORN, Assistant Professor of Management Information Systems, D.B.A., Southern Illinois University (Carbondale W. SEVERSON, Professor of Chemistry, Ph.D., University of Minnesota D. SEVILLA, Professor of Chemistry and Chairperson, Department of Chemistry, Ph.D., University of Washington W. SHANTZ, Associate Professor of Psychology, Ph.D., Purdue University SHARMA, Assistant Professor of Management Information Systems, D.B.A., Southern Illinois University (Carbondale S. SHASTRY, Associate Professor of Biomedical Sciences, Ph.D., University of Mysore (India SHEPHERD, Professor of Sociology, Ph.D., Michigan State University F. SHERIDAN, Associate Professor of Theatre, M.F.A., Goodman School of Drama SHI, Associate Professor of Mathematical Sciences, Ph.D., University of Delaware 455 SHICHI, Adjunct Professor of Biomedical Sciences, Ph.D., University of California (Berkeley SHILLOR, Professor of Mathematical Sciences, Ph.D., Hebrew University of Jerusalem (Israel J. SHINE, Professor of Journalism, B.S., University of Detroit SIAVOSHANI, Adjunct Assistant Professor of Engineering, Ph.D., Oakland University D. SIDAWAY, Special Instructor in Accounting, M.Acc., Ohio State University SIEDEL, Clinical Instructor in Physical Therapy, M.P.T., Oakland University L. SIELOFF, Associate Professor of Nursing, Ph.D., R.N., Wayne State University M. SIFONIS, Assistant Professor of Psychology, Ph.D., Texas University SIMON, Associate Professor of Management, Ph.D., Georgia State University B. SINGH, Associate Professor of Engineering, Ph.D., Wayne State University F. SIVERGINA, Visiting Assistant Professor of Mathematics, Ph.D., Institute of Mathematics and Mechanics, Ural Brunch of Russian Academy of Sciences S. SLATER, Assistant Professor, University Library, M.L.S., University of Illinois (Urbana-Champaign N. SLAVIN, Professor of Physics, Ph.D., Leningrad Technical University (Russia SMID, Adjunct Assistant Professor of Engineering, Ph.D., Oakland University B. SMITH, Associate Professor of Education, Ed.D., University of Michigan H. SMITH, Assistant Professor of Nursing, M.S.N., University of Michigan M. SMITH, Assistant Professor of Engineering, Ph.D., Michigan State University B. SMITH, Associate Professor of Linguistics, Ph.D., University of California (San Diego V. SMYDRA, Special Instructor in English, M.A., Eastern Michigan University M. SPAGNUOLO, Assistant Professor of Mathematics and Statistics, Ph.D., Purdue University M. SPENCER-WOOD, Associate Professor of Anthropology, Ph.D., Univer- sity of Massachusetts SPICER-ESCALANTE, Assistant Professor of Spanish, Ph.D., University of Illinois (Urbana-Champaign SRINIVASAN, Professor of Physics, Ph.D., Indian Institute of Technology (Bombay, India J. SRODAWA, Associate Professor of Engineering, Ph.D., University of Michigan B. STAMPS, Associate Professor of Anthropology, Ph.D., Michigan State University STANO, Professor of Economics and Management, Ph.D., Cornell University J. STEIN, Clinical Assistant Professor of Exercise Science, M.D., Wayne State University T. STEIN, Associate Professor of Education, Ph.D., State University of New York (Buffalo D. STEIN, Adjunct Professor of Medical Physics, M.D., University of Cincinnati B. STEWART, JR., Professor of Psychology and Chairperson, Department of Psychology, Ph.D., Pennsylvania State University STILLER, Special Instructor in Physical Therapy, Ph.D., Michigan State University C. STRONG, Clinical Instructor in Physical Therapy, B.S., Spelman College E. STROTHER-JORDAN, Assistant Professor of Communication, Ph.D., Ohio University 456 A. STRYKER, Assistant Professor of Biological Sciences, Ph.D., Johns Hopkins University M. SUDA, Special Instructor in Theatre, M.F.A., Wayne State University A. SUDOL, Professor of Rhetoric and Associate Provost, Ph.D., State University of New York (Stony Brook SUGUMARAN, Associate Professor of Management Information Systems, Ph.D., George Mason University R. SURREY, Associate Professor of Education, Ph.D., University of Missouri (Kansas City W. SVENDSEN, Clinical Assistant Professor of Physical Therapy, D.H.Sc., Loma Linda University M. SWARTZ, Professor of Education and Philosophy, Ph.D., New York University A. SWENDNER, Adjunct Instructor in Nursing, M.S.N., R.N., Oakland University A. SWIFT, Associate Professor of Education and Chairperson, Department of Human Development and Child Studies, Ph.D., University of Arizona SZUBA, Adjunct Assistant Professor of Engineering, Ph.D., Oakland University TAYLOR, Professor of Chemistry, Ph.D., Princeton University TEPLEY, Professor of Physics, Ph.D., Massachusetts Institute of Technology R. TERSIGNI, Adjunct Assistant Professor of Political Science and Health Behavioral Sciences, Ed.D., Western Michigan University A. THOMPSON, Special Instructor in Physical Therapy, Ph.D., Michigan State University THOMPSON, Assistant Professor of Nursing, Ph.D., R.N., Wayne State University THUE, Consulting Assistant Professor of Physical Therapy, School of Physical Therapy in Berlin (Charlottenberg, Germany L. TOMASIC, Clinical Instructor in Physical Therapy, M.S., Oakland University TOMBOULIAN, Distinguished Professor of Chemistry, Ph.D., University of Illinois A. TOMSICH, Clinical Instructor in Physical Therapy, M.S., University of Kentucky W. TRACEY, Assistant Professor of Education, Ph.D., Wayne State University M. TRACY, Professor of Education and Chairperson, Department of Teacher Development and Educational Studies, Ph.D., Indiana University L. TRACY, Associate Professor of Economics and Interim Chairperson, Department of Economics, Ph.D., Michigan State University E. TRAYLOR, Clinical Instructor in Physical Therapy, B.S., Wayne State University T. TRESE, Clinical Professor of Biomedical Sciences, M.D., Georgetown University F. TRUMBORE, Assistant Professor of Political Science, Ph.D., University of Connecticut TSUI, Professor of Mathematical Sciences, Ph.D., University of Pennsylvania TUNG, Adjunct Associate Professor of Engineering, Ph.D., Rensselaer Polytechnic Institute TURETT, Professor of Mathematical Sciences, Ph.D., University of Illinois L. TYLER, Assistant Professor of Management, M.B.A., University of South Florida A. URLA, Special Instructor in Spanish, M.A., University of Michigan TIL, Professor of Engineering, Ph.D., Northwestern University VARANI, Professor of Music, M.M., Manhattan School of Music 457 G. VASCON, Adjunct Assistant Professor of Health Behavioral Sciences, M.D., University of Trieste (Italy VENKATESWARAN, Professor of Physics, Ph.D., University of Missouri A. VICINI, Clinical Professor of Medical Laboratory Sciences, M.D., Wayne State University VINCENT, Assistant Professor of Nursing and Interim Associate Dean, School of Nursing, Ph.D., R.N., Wayne State University R. VISHNUBHOTLA, Professor of Engineering, Sc.D., Washington University (St. Louis, Missouri H. VOELCK, Associate Professor and Associate Dean, University Library, M.S.L., Western Michigan University C. WAGNER, Associate Professor of Engineering, Ph.D., Michigan State University K. WALIA, Associate Professor of Biological Sciences, Ph.D., Maharishi Dayanand University (India S. WALTERS, Professor of Education, Ph.D., Oakland University S. WANG, Professor of Mathematical Sciences, Ph.D., Cornell University C. WARLEY, Assistant Professor of English, Ph.D., Rutgers University A. WASSON, Visiting Assistant Professor of Sociology, Ph.D., State University of New York (Stony Brook A. WATKINS, Clinical Instructor in Medical Laboratory Sciences, M.B.A., Michigan State University M. WEISKOPF, Adjunct Instructor in Industrial Health and Safety, B.A., University of Illinois WELLER, Assistant Professor of Medical Laboratory Sciences, Ph.D., Wayne State University WELLS, Assistant Professor of Musical Theatre, M.Mus., Westminster Choir College L. WENDELL, Assistant Professor of Biological Sciences, Ph.D., University of California (Davis WENK, Clinical Instructor in Medical Laboratory Sciences, B.S., Oakland University T. J. WHARTON, Associate Professor of Operations Management, Ph.D., University of Minnesota WHITE, Professor of Music, Diploma, Curtis Institute of Music WIENCEK, Associate Professor of Education, Ph.D., University of Maryland H. WIGGINS, Professor of Music, Ed.D., University of Illinois (Urbana- Champaign A. WIGGINS, Associate Professor of Education and Associate Dean, School of Education and Human Services, Ph.D., University of Illinois (Urbana-Champaign K. WILLARD-TRAUB, Assistant Professor of Rhetoric, Ph.D., Univer- sity of Michigan A. WILLIAMS, Clinical Professor of Biomedical Sciences, M.D., Northwest- ern University WILLIAMS, Professor of Medical Laboratory Sciences, Ph.D., Wayne State University A. WILLIAMS, Assistant Professor of Education, Ph.D., Michigan State University G. WILLOUGHBY, Associate Professor of Management, Ph.D., Michigan State University T. WILSON, Adjunct Assistant Professor of Exercise Science, Ph.D., University of Northern Colorado 458 S. WINKLER, Professor of Biomedical Sciences, Ph.D., State University of New York (Buffalo WONG, Adjunct Professor of Medical Physics, Ph.D., University of Toronto (Canada P. WOOD, Adjunct Instructor in Industrial Health and Safety, M.I.S.M., West Virginia University E. WOOD, Professor of Art History and Chairperson, Department of Art and Art History, Ph.D., Columbia University M. WOODWARD, Clinical Instructor in Physical Therapy J. WRIGHT, Professor of Mathematical Sciences, Ph.D., Indiana University XIA, Associate Professor of Physics, Ph.D., Massey University (New Zealand X. XIAO, Adjunct Professor of Chemistry, Ph.D., Chinese Academy of Sciences (China YAN, Adjunct Assistant Professor of Medical Physics, D.Sc., Washington University P. YANEZ, Clinical Assistant Professor of Health Sciences, M.D., St. George\u2019s University School of Medicine (West Indies YANG, Associate Professor of Engineering, Ph.D., University of Kassel (Germany YAO, Assistant Professor of Engineering, Ph.D., University of Massachu- setts (Amherst M. YORK, Associate Professor of Management, Ph.D., Bowling Green State University YU, Assistant Professor of Finance, Ph.D., Florida State University ZAGLANICZNY, Adjunct Assistant Professor of Nursing, Ph.D., R.N., Wayne State University ZEILSTRA-RYALLS, Assistant Professor of Biological Sciences, Ph.D., Purdue University ZENG, Assistant Professor of Chemistry, Ph.D., State University of New York (Buffalo F. ZEPPELIN, Special Instructor in Education, M.S., Oakland University ZHANG, Associate Professor of Mathematical Sciences, Ph.D., Southern Methodist University ZHANG, Adjunct Assistant Professor of Medical Physics, Ph.D., Oakland University T. ZINGO, Associate Professor of Political Science, Ph.D., University of Maryland A. ZOHDY, Professor of Engineering, Ph.D., University of Waterloo (Canada ZOU, Assistant Professor of Engineering, Ph.D., Tsinghua University (China) Professors Emeriti W. AKERS, Professor Emeritus of History; Ph.D., Boston University J. ARNOLD, Professor Emeritus of Mathematical Sciences; Ph.D., Princeton University A. BANTEL, Professor Emeritus of Education and Psychology; Ed.D., Columbia University BARNARD, Professor Emeritus of History; Ph.D., University of Chicago F. BARNES, JR., Professor Emeritus of Art & Art History; Ph.D., Columbia University W. BARTHEL, Professor Emeritus of German and Linguistics; Ph.D., University of Illinois C. BEARDSLEE, Professor Emeritus of Psychology; Ph.D., University of Michigan 459 M. BINGHAM, Professor Emerita of Education; Ph.D., Michigan State University T. BLATT, Professor Emerita of Education; Ph.D., Michigan State University BODDY, Professor Emeritus of Computer Science and Engineering; Ph.D., Purdue University BOTSAS, Professor Emeritus of Economics; Ph.D., Wayne State University R. BRAGG, Professor Emeritus of Mathematical Sciences; Ph.D., University of Wisconsin S. BRAUN, Professor Emerita of Psychology; Ph.D., Wayne State University N. BRAUNSTEIN, Professor Emeritus of Management and Psychology; Ph.D., Purdue University C. BRICKER, Professor Emeritus of Philosophy; Ph.D., Johns Hopkins University BRILL, Professor Emeritus of Psychology; Ph.D., University of Cincinnati W. BROOKS, Professor Emeritus of Philosophy; Ph.D., University of Minnesota M. BURDICK, Professor Emerita of French; Ph.D., University of California (Berkeley BURDICK, Professor Emeritus of Psychology; Ph.D., University of Minnesota M. BUTTERWORTH, Professor Emeritus of Biological Sciences; Ph.D., Northwestern University C. CAFONE, Professor Emeritus of Education; Ed.D., University of Arizona W. CASSTEVENS, Professor Emeritus of Political Science; Ph.D., Michigan State University J. CHRISTINA, Professor Emeritus of Education; Ph.D., Syracuse University E. COON, Professor Emeritus of Education; Ed.D., Wayne State University DANIELS, Professor Emeritus of Music; Ph.D., University of Iowa M. DAVID, Professor Emerita, University Library; Ph.D., Wayne State University W. DEMENT, Professor Emeritus of English; Ph.D., Indiana University W. DETTMAN, Professor Emeritus of Mathematical Sciences; Ph.D., Carnegie Institute of Technology DOVARAS, Professor Emeritus of Music; M.M., Northwestern University and D.Litt. (Honorary), Alma College EDGERTON, Professor Emeritus of Mechanical Engineering; Ph.D., Cornell University H. EVANS, Professor Emeritus of Engineering; Ph.D., Brown University I. FACKO, Professor Emeritus of Music; Ed.D, Columbia University F. FEEMAN, Professor Emeritus of Mathematical Sciences; Ph.D., Lehigh University FITZSIMMONS, Professor Emeritus of English; M.A., Columbia University C. FORBES, Professor Emeritus of Biological Sciences; Ph.D., University of Connecticut O. FRANKIE, Professor Emerita, University Library; D.P.A., George Washing- ton University H. FULLMER, Professor Emeritus of Linguistics and English; Ph.D., University of Michigan L. GARDINER, Professor Emeritus, University Library; M.A., University of Chicago G. GAYLOR, Professor Emeritus, University Library; M.L.S., University of Oklahoma V. GERULAITIS, Professor Emeritus of History; Ph.D., University of Michigan GERULAITIS, Professor Emerita of German; Ph.D., University of Michigan GOLD, Professor Emeritus of Sociology; Ph.D., University of Michigan M. GOUDSMIT, Professor Emerita of Biological Sciences; Ph.D., University of Michigan 460 D. GREGORY, Distinguished Professor Emeritus of Economics and Management; Ph.D., University of Michigan E. HALSTED, Professor Emerita of Dance; Ed.D., Wayne State University HAMPTON, Professor Emeritus of English; Ph.D., University of Connecticut HARMON, Professor Emeritus of Chemistry; Ph.D., University of Washington W. HENRY, Professor Emeritus of Biological Sciences; Ph.D., The City University of New York J. HETENYI, Distinguished Professor Emeritus of Performing Arts and Educa- tion; Ed.D., Michigan State University J. HEUBEL, Professor Emeritus of Political Science; Ph.D., University of Minnesota G. HIRSCHFELD-MEDALIA, Professor Emerita of Theatre; Ph.D., Wayne State University C. HOFFMAN, Professor Emeritus of Mathematical Sciences; Ph.D., Univer- sity of California (Los Angeles HOLLADAY, Professor Emeritus of Music; M.A., Wesleyan University W. HOLLINGSWORTH, Professor Emeritus of Music; Fellow of the American Academy of Roma M. HORWITZ, Professor Emeritus of Finance; Ph.D., Michigan State Univer- sity C. HOWES, Professor Emeritus of History; Ph.D., Cornell University F. HOYLE, Professor Emeritus of English; Ph.D., Princeton University W. HUGHES, Professor Emeritus of Education; Ed.D., University of New Mexico R. IODICE, Professor Emeritus of French and Linguistics; M.A., Yale University A. JACKSON, Professor Emeritus of Engineering; Ph.D., University of Michigan JOHNSON, Professor Emeritus of Mathematical Sciences; Ph.D., University of Minnesota J. JOHNSON, Professor Emeritus of Education; Ed.D., Wayne State University H. JONES, Professor Emeritus of Education; Ph.D., University of Michigan R. KLECKNER, Professor Emeritus of Engineering; Ph.D., Cornell University KOVACH-TARAKANOV, Professor Emerita of Russian; Ph.D., Elizabeth University (Hungary A. KROMPART, Professor Emerita, University Library; M.L.S., University of California (Berkeley R. LIBOFF, Professor Emeritus of Physics; Ph.D., New York University G. MALM, Professor Emeritus of Mathematical Sciences; Ph.D., Brown University H. MARZ, Professor Emeritus of Political Science; Ph.D., Michigan State University MASCITELLI, Professor Emeritus of English; Ph.D., Duke University H. McKAY, Professor Emeritus of Mathematical Sciences; Ph.D., University of Michigan M. McKINLEY, Professor Emeritus of Physics; Ph.D., University of Illinois Z. MEDALIA, Professor Emeritus of Sociology; Ph.D., Harvard University P. MEYER, Professor Emeritus of Education; Ph.D., University of Arizona R. MILLER, Professor Emeritus of Chemistry; Ph.D., Massachusetts Institute of Technology MITTRA, Professor Emeritus of Finance; Ph.D., University of Florida C. MOBLEY, Professor Emeritus of Physics; Ph.D., University of Wisconsin R. MOELLER, Distinguished Professor Emeritus of German; Ph.D., Princeton University F. MOOREHOUSE, Professor Emeritus of Education; Ed.D., University of Wyoming 461 E. MORSE, Professor Emeritus of English; Ph.D., University of Connecticut S. MUIR, Professor Emerita of Education; Ph.D., University of Nebraska R. OZINGA, Professor Emeritus of Political Science; Ph.D., Michigan State University G. PAYNE, Professor Emeritus of Education; Ph.D., University of Michigan R. PITTS, Professor Emeritus of Sociology; Ph.D., Harvard University RAHMAN, Professor Emeritus of Hindi-Urdu; Ph.D., University of London V. RILEY, Professor Emeritus of Biomedical Sciences; Ph.D., Liverpool University (England G. ROSEN, Professor Emerita of English; M.A., Wayne State University R. SCHERER, Professor Emerita of Sociology and Anthropology; Ph.D., Syracuse University SCHWAB, Professor Emeritus of Linguistics and English; Ph.D., University of Wisconsin E. SIMMONS, Professor Emeritus of German; Ph.D., Stanford University SPLETE, Professor Emeritus of Education; Ph.D., Michigan State University L. STERN, Professor Emeritus of Chemistry; Ph.D., Johns Hopkins University STRAUSS, Professor Emeritus of History; Ph.D., Columbia University TAGORE, Professor Emeritus of Chinese; Ph.D., Visva Bharati University (India THOMAS, Professor Emeritus of History; Ph.D., Columbia University A. TIPLER, Professor Emeritus of Physics; Ph.D., University of Illinois E. TOWER, Professor Emeritus of Management Information Systems; Ph.D., State University of New York (Buffalo H. TRIPP, Professor Emerita of History; Ph.D., University of Michigan J. UNAKAR, Professor Emeritus of Biological Sciences; Ph.D., Brown University M. URLA, Professor Emerita of Spanish; M.A., University of Illinois WALLACE, Professor Emeritus of Physics; Ph.D., Wayne State University H. WENG, Professor Emeritus of Engineering; Ph.D., University of Missouri (Columbia M. WHITE, Distinguished Professor Emerita of English; Ph.D., University of Chicago W. WILLIAMSON, Professor Emeritus of Physics; Ph.D., University of Wisconsin R. WILSON, Professor Emerita of Nursing; Ph.D., R.N., Michigan State University WINDEKNECHT, Professor Emeritus of Engineering; Ph.D., Case Institute of Technology R. WITT, Professor Emeritus of Engineering; Ph.D., Cornell University ZENAS, Professor Emerita of Nursing; Ph.D., R.N., University of Michigan ZEPELIN, Professor Emeritus of Psychology; Ph.D., University of Chicago 462 Board of Trustees Henry Baskin, Chairman Penny M. Crissman, Vice-Chair David J. Doyle David T. Fischer Dennis C. Muchmore Ann V. Nicholson Dennis K. Pawley Rex E. Schlaybaugh, Jr. Office of the President Gary D. Russi, Ph.D., President Karen S. Kukuk, Assistant to the President Athletics Jack Mehl, M.A., Director of Athletics Jamie Ahlgren, B.A., Graduate Assistant Brian Arbeiter, M.P.A., Assistant AD/Development Kristen Arnott, B.S., Sports Information Assistant Mark Avery, B.A., Baseball Coach Harold Baber, B.S., Assistant Men\u2019s Basketball Coach Jane Bentham Self-Study Certification Liaison Jenny Bishop, Assistant Men's and Women's Golf Coach Terri Bossi, B.A., Dance Team Coach Christina Colombe, B.S., Assistant Women's Cross Country Coach Dave DeWulf, B.A., Men\u2019s & Women\u2019s Golf Coach Ben DiPonio, B.S., Assistant Baseball Coach Pete Di Sanza, B.A., Sports Information Assistant Mark Doman, J.D., M.A., B.S., Assistant AD/Marketing Simon Dover, M.S.A., Assistant AD/Finance & Administration Tom Ford, M.S., A.T., C., Athletic Trainer Schenette Fowler, Accounting Clerk Tom Heffernan, B.A., Marketing Assistant Phil Hess, M.S.M., Sports Information Director Amy Hirschman, B.A., Assistant to the Athletic Director Pete Hovland, M.A., Men\u2019s & Women\u2019s Swimming Coach Tracy Huth, M.A., Associate Greg Kampe, M.A., Men\u2019s Basketball Coach Heather Kelly, B.S., Assistant Trainer Rick Larson, B.A., Assistant Women's Soccer Coach Glenn MacDonald, Assistant Softball Coach Ernie Maglischo, Ph.D., Assistant Men's and Women's Swimming Coach Denise McGee, B.A., Assistant AD/Facilities and Operations; Senior Women Administrator Keith Merritt, M.S., Athletic Academic Adviser Nate Murphy, B.S., Assistant Men's Swimming Coach Chris Newell, B.S., Assistant Baseball Coach Leslie-Ann O'Shea, M.A., Assistant Women's Soccer Coach Nick O\u2019Shea, B.A., Women\u2019s Soccer Coach Petra Pankova, B.A., Assistant Women's Basketball Coach Gary Parsons, M.A., Men's Soccer Coach Wayne Penniman, B.S., Assistant Trainer Eric Pogue, B.S., Assistant Men's Soccer Coach Heather Redshaw, B.S., Women\u2019s Tennis Coach Paul Rice, B.A., Men\u2019s & Women\u2019s Cross Country Coach Mark Ridley, B.A., Volleyball Coach Jill Rogacki, B.S., A.T., C., Assistant Trainer Sylvia Rowe, Accounting Clerk Steve Seargeant, Assistant Men\u2019s Soccer Coach Heath Senour, B.S., Compliance Coordinator Eileen Shea-Hilliard, M.S., Women's Basketball Coach Jeff Smith, B.A., Assistant Men's Basketball Coach Eric Stephan, B.A., Assistant Men\u2019s Basketball Coach Jon Teal, B.S., Assistant Men\u2019s & Women\u2019s Swimming Coach Mike Tomlinson, B.A., Softball Coach Eddie Turner, B.A., Equipment Manager Tony Venticinque, Men\u2019s & Women\u2019s Diving Coach Michael Villano, B.A., Assistant Baseball Coach Beth Zeone, B.S., Assistant Women's Basketball Coach Office of Diversity and Compliance Pamela Heatlie, J.D., Interim Director Helen M. Ellison, B.A., Assistant Director Office of Government Relations Rochelle A. Black, B.A., Director Academic Affairs Office of the Vice President Virinder K. Moudgil, Ph.D., Vice President for Academic Affairs and Provost and Professor of Biological Sciences Ronald A. Sudol, Ph.D., Associate Provost Arthur J. Griggs, M.S., Assistant Vice President for Academic Affairs Sheryl L. Klemanski, M.P.A., Assistant Vice President for Academic Affairs Stephanie J. Lee, B.A., Administrative Assistant to the Provost Leigh Settlemoir Dzwik, B.S., Coordinator, Faculty Human Resources Admissions and Enrollment Management Robert E. Johnson, M.S., Vice Provost Peter C. Nacy, M.S., M.Ed., Director of Admissions Doug Beffort, M.Ed., Canadian Recruiter Melinda Booth, B.A., Admissions Adviser Brian Bouwman, B.S., Admissions Adviser Michelle Guy, B.A., Admissions Adviser Joan Love, B.S., Assistant Director Megan McNally, B.A., Assistant Director Aniesha Mitchell, B.A., Admissions Adviser Mary Parco, B.S., Systems Analyst 463 James P. Pauley, B.S., Coordinator of Community College Relations Lisa Remsing, B.A., Admissions Adviser Christopher F. V. Wolfs, B.A., Admissions Adviser University Technology Services Vacant, Interim Vice President for Academic Affairs and Provost Theresa M. Rowe, M.P.A., Assistant Vice President Cheryl Allmen, B.A., Senior Developer Analyst Anthony M. Becker, B.Mus., Database Administrator Christopher M. Chamberlain, B.S., Systems Programmer Deshan Chang, Ph Maintenance Administrator Michael Cojocari, Developer/Analyst Christopher Condie, Security Systems Analyst Hernando Echeverri, Senior Developer Analyst Timothy S. French, B.S., Programmer Analyst Coordinator Stephen A. Glowacki, B.S., Senior Systems Analyst Lakshmi Indiresh, Senior Developer Analyst Milus Earl Jones, B.A., Senior Developer Analyst Karen Eliot Kahn, Helpdesk Service Specialist Shajan Kay, B.S., Academic Technology Developer Lily Li, M.L.S., Programmer Analyst Coordinator Traci Nies, Developer Analyst Brian D. Paige, M.S., Senior Network and Communications Analyst George P. Pappas, B.S., System Programmer Christopher G. Sellers, Systems Programmer Chia-Poh Tai, M.S., Assistant Director, Operations Andrea Tanner Zsigo, B.A., Manager, Helpdesk and Desktop Applications Lynette D. Thor-Cereghino, Computer Resource Coordinator Lori A. Tirpak, B.S., Senior Systems Analyst Gail S. Trammel, Assistant Manager, Operations William S. Watt, Network Project Manager Jay Wren, Systems Programmer E-Learning and Instructional Support Mark R. Ludorf, Ph.D., Director, Information Technology Institute Scott Burke, B.A., Video Services Coordinator Ewell D. Compton, M.S., Media Distribution Coordinator John Coughlin, B.A., Senior Systems Analyst Brenda K. Ellis, B.A., Applications Specialist Heather Haughey Producer/Editor Gerard Jozwiak, Ph.D. Instructional Technologies Coordinator Shajan Kay, B.S., WebCT Specialist Steven T. King, A.S. Media Distribution Coordinator Vicki S. Larabell, B.A., Associate Director, Training and User Support Patrick D. McNeill, Technical Services Engineer Sabrina Merrill, B.S., WebCT Application Administrator George Preisinger, M.A., Associate Director, Instructional Technology Center Steve Sapilewski, M.B.A. Multimedia Presentation Production Coordinator John K. Sweet, B.A., Assistant to Technical Services Engineer Eye Research Institute Frank J. Giblin, Ph.D., Interim Director Paulette M. Realy, B.S., Assistant to the Director Financial Aid Cindy Hermsen, M.Ed., Director M. Joyce Dudley, M.S.A., Associate Director Chitra Sethuramalingam, M.C.A., Financial Aid Systems Analyst Catherine Berrahou, B.S., Ed., Financial Aid Adviser Nancy Fetzer, B.B.A., Financial Aid Adviser Initra McCrary, M.S.A., Financial Aid Adviser Research and Graduate Study Ranald D. Hansen, Ph.D., Interim Vice Provost for Research and Graduate Study Patricia A. Beaver, M.A., Assistant Vice Provost of Graduate Study and Lifelong Learning Julie M. Delaney, Assistant Director of Graduate Study and Lifelong Learning Christina J. Grabowski, M.S.A., Associate Director of Graduate Study and Lifelong Learning Judette Haddad, Ph.D., Regulatory Compliance Coordinator Joanne M. Nicholson, Director of Grants and Contract Administration Steven P. Szalay, B.A. Electronic Resources Manager Institutional Research and Assessment Laura A. Schartman, M.B.A., Director Kay E. Palmer, M.A., Social Science Research Associate Taeko Yokoyama, M.A., Social Science Research Assistant Classroom Support and Instructional Technical Services George T. Preisinger, M.A., Assistant Vice President Scott E. Burke, B.A., Coordinator, Video Services Ewell D. Compton, M.S., Media Distribution Coordinator Heather Haughey Producer/Editor Steven T. King, A.S., Media Distribution Coordinator Patrick D. McNeill, Coordinator, Technical Services Engineer Steven M. Sapilewski, M.B.A., Specialist, Multimedia Services John K. Sweet, B.A., Assistant to Technical Services Engineer Kresge Library Elaine K. Didier, Ph.D., Dean Julie Voelck, M.S.L., M.A., Associate Dean Kristine S. Condic, M.S.L., Electronic Resources William Cramer, M.S.L.S., M.A., Government Documents Linda Hildebrand, M.A., Coordinator, Reference Services Frank Lepkowski, A.M.L.S., M.A., Coordinator, Information Literacy Mildred H. Merz, M.L.S., M.A., Coordinator, Collection Development 464 Ann M. Pogany, A.M.L.S., Coordinator, Technical Services Patricia Clark, B.S., Manager, Interlibrary Loans Eric Condic, M.S., Manager, Library Systems Brenda Pierce, B.S., Assistant to the Dean/Business Manager Louann Stewart, M.A., Manager, Access Services Registrar Steven J. Shablin, M.Ed., Registrar Jennifer Gilroy, B.A., Senior Associate Registrar Ronald L. Somerville, M.Ed., Associate Registrar Joann Denby, B.B.A., Assistant Registrar Katherine Z. Rowley, B.A., Assistant Registrar Undergraduate Education Susan Awbrey, Ph.D., Vice Provost for Undergraduate Education Irene D. Graham, B.A., Assistant to the Vice Provost Instructional Units Bachelor of General Studies Carole Crum, Ph.D., Director Melodi Schuchman, M.A., Counselor College of Arts and Sciences David J. Downing, Ph.D., Dean William Connellan, Ph.D., Associate Dean for Community Programs William A. Macauley, Ph.D., Associate Dean and Interim Director, Center for International Programs Mary A. Papazian, Ph.D., Associate Dean Janice S. Elvekrog, M.A.T., Assistant Dean Thomas F. Kirchner, M.A.T., Assistant Dean T. Andrew Aston, M.A., Director of Scheduling and Facilities Management, Department of Music, Theatre and Dance Janice M. Baker, B.A., Administrative Assistant Donna Buckley, Costume Shop Supervisor Denis M. Callewaert, Ph.D., Director, Center for Biomedical Research Patrick J. Colling, Instrument Design Engineer Gerald G. Compton, M.S., Manager, Chemistry Laboratories Marcee Daly, Ph.D., Assistant Manager, Chemistry Laboratories Eric Haher, B.F.A., Technical Director and Lighting Designer, Department of Music, Theatre and Dance Sally K. Daniel, M.Ed., Manager, Physics Laboratories Stewart Dorsey, Manager, Instrument Shop Manjit K. Gill, M.B.A., Assistant to the Coordinator, Department of Music, Theatre and Dance Jacqueline Leow, B.A., Assistant to the Director Renee Ligeski, M.A., Academic Adviser Julie M. Litchenberg, M.S.W., College Development Officer Louisa C. Ngote, M.A., Curator of Visual Resources, Department of Art and Art History Michael Poosch, Ph.D., Manager, Biological Sciences Laboratories Rao U. Bidthanapally, Ph.D., Instrumentation Specialist, Department of Physics Cheryl A. Sullivan, M.Ed., Advising Coordinator Jean Parker, B.A., Publicist, Department of Music, Theatre and Dance Tricia E. Westergaard, M.A., Academic Adviser School of Business Administration John C. Gardner, Ph.D., Dean Eileen Peacock, Ph.D., Associate Dean Marcia Lichty, Ph.D., Assistant Dean Katherine Brubaker, Assistant Computer Facilities Administrator Peggy Chiu, M.Ed., Computer Facilities Administrator Lori Crose, B.S., Assistant Director, Continuing Education Theawiana English Site Administrator and Assessment Assistant Moira Fracassa, M.A., Coordinator of Undergraduate Advising Donna Free, M.Acc, Coordinator, Graduate Business Programs Sarah Serra Prucha, Director, Executive and Continuing Education Tracy Utech, M.P.A., Development Director Lorin Wright, M.A., Undergraduate Adviser School of Education and Human Services Mary L. Otto, Ed.D., Dean F. James Clatworthy, Ph.D., Associate Dean Dawn M. Pickard, Ph.D., Associate Dean Sandra K. Deng, M.A., Academic Adviser, Advising Office Vicky Hunt, Assistant Dean Sherrill M. Karppinen, M.A., Coordinator, Field Placements Michael P. Long, J.D., Director of Labor Studies Program, Ken Morris Center Shannon L. Spann-Revels, B.A., Public School Academies & Urban Partnerships Kimberly Forcier, M.A., Academic Adviser, Advising Office Deborah Weathers, M.A., Coordinator, Counseling Practicum Laboratory Christine A. Boisvert-Ashley, Program Director, Lowry Center for Early Childhood Education James G. Woolcock, Academic Adviser, Department of Human Resource Development School of Engineering and Computer Science Pieter A. Frick, Ph.D., Dean Bhushan L. Bhatt, Ph.D., Associate Dean Patrick C. Bennett, M.A., Academic Adviser/Program Coordinator Leonard M. Brown, Manager, Engineering Laboratories Justine Burdine, B.S., Computer Network Administrator Carmen Etienne, M.A., Academic Adviser James L. Hargett, M.B.A., Assistant to the Dean Terrence P. Heinz, Computer Technologist James Quinlan, B.S.E. (EE), Assistant Laboratory Manager Forrest S. Wright, M.S., Project Engineer 465 Michael J. Rossi, B.S., Coordinator of Aquatics Maura C. Selahowski, M.A., Assistant Director for Membership/Information Services and Business Operations Marie E. Taylor, M.S., Coordinator for Membership/ Information Services Career Resource Center Beth LeBreton, M.S., Coordinator Career Services Robert B. Thomas, M.Ed., Director Alan R. Scott, M.B.A., Associate Director Estella Nicholson, M.Ed., Interim Assistant Director, Career Experience Carol Anne Ketelsen, M.S.A., AmeriCorps Program Manager Joyce A. Esterberg, M.S.A., Program Manager Paul Hitch, B.S., Interim Job Development Coordinator Judy Robinson, M.Ed., Professional Employment Coordinator Wayne Thibodeau, B.S., Interim Professional Employment Coordinator Crystal Turner, B.A., Professional Employment Coordinator Kimberly Tan, B.S., Systems Specialist Center for Multicultural Initiatives Gloria A. Sosa, M.A., L.P.C., Director Monica Long, M.A., Assistant Director Omar Brown-El, B.A., Retention Coordinator Center for Student Activities and Leadership Development Jean Ann Miller, M.S.W., Director Sara L. Crampton, M.S.Ed., Coordinator of Student Leadership Development Paul L. Franklin, M.Ed., Coordinator of Campus Programs Christina L. Tierman, M.A., Coordinator of Student Organizations and Greek Life Counseling Center James B. Franklin, Ph.D., Psychologist and Director of Training Bela Chopp, Ph.D., Associate Director Pamela S. Warner, Psy.D., Staff Psychologist Dean of Students Office Glenn McIntosh, M.A., L.P.C., Assistant Vice President for Student Affairs and Dean of Students Karen Lloyd, M.P.A., B.S.W., Assistant Dean of Students Steven Meyer, B.A., Information Systems Specialist Disability Support Services Linda Sisson, M.A., L.L.P.C., N.C.C., Director Theresa Early, M.Ed., Coordinator School of Health Sciences Ronald E. Olson, Ph.D., Dean Kenneth Hightower, Ph.D., Interim Associate Dean Ronald M. Mattei, M.B.A., Assistant Dean A. Jayne Berry, M.A., Academic Adviser Meadow Brook Health Enhancement Institute Alfred W. Stransky, Ph.D., Executive Director Carl W. Hunt, B.B.A., Business Manager Patricia A. Brooks, M.D., Medical Director Ron Jesmore, Director of Operations Angie Kubousky, M.S., Exercise Physiologist Yvonne Moses, R.D., Registered Dietitian Jan Peabody-Kratt, Office Manager Heather Ruppel, M.D., Staff Physician Honors College Jude V. Nixon, Ph.D., Director Brian F. Murphy, Ph.D., Associate Director School of Nursing Linda S. Thompson, DrPH, R.N., F.A.A.N., Dean Catherine Vincent, Ph.D., R.N., Interim Associate Dean Sherry F. Abernathy, M.B.A., Assistant Dean Joann K. Burrington, R.N., B.S.N., Administrative Project Coordinator Patricia T. Ketcham, M.S.N., R.N., Nursing Laboratory Manager Pamela A. Marin, Ph.D., Manager, Student Services & Continuing Education Sarah E. Mullin, M.A., L.P.C., Academic Adviser Mary E. Bray Admissions Adviser/Recruiter Student Affairs Office of the Vice President Mary Beth Snyder, Ph.D., Vice President Academic Skills Center Charles E. Clark, Jr., Director Ivy R. Horn, M.A., L.P.C., Assistant Director Chardin S. Claybourne, M.A., Retention Coordinator Elizabeth DeVerna, M.A., Tutor Coordinator Lisa Dillon, M.A., L.L.P.C., Retention Specialist Advising Resource Center Nancy Schmitz, M.A., Assistant Vice President for Student Affairs Vanessa Bard, M.S.W., Assistant Director Vacant, Adviser and Program Coordinator Campus Recreation Gregory T. Jordan, M.S., Director Terri Eudy, M.A., Assistant Director for Facilities and Aquatics Andre D. Love, M.S., Coordinator of Intramurals and Club Sports Joel Nieusma, M.A., Coordinator of Facility Operations Mila L. Padgett, M.S., Assistant Director, Programs 466 Graham Health Center Josephine Brucia, R.N., Ph.D., C.S., Family Nurse Practitioner Kathy Pecha, B.S.N. Joanne M. Talarek, M.S.N., R.N., C.S., Adult Nurse Practitioner/Coordinator International Students and Scholars David Archbold, M.A., Director Vacant, Assistant Director Learning Resources Lynn R. Hockenberger, M.A., Director Candace Rogers, MA.Ed., Coordinator, Pre-College Programs New Student Programs Dawn M. Aubry, M.Ed., Director Kristy Chene, M.Ed., Assistant Director Oakland Center Richard D. Fekel, M.A.Ed., Director Rakhi Roy, M.S., Assistant Director of Administrative Services Don Ritenburgh, B.S., Manager Card Operations Rich Zizek, B.S., Assistant Director of Operations Project Upward Bound Geraldine E. Graham, M.B.A., Director Maxine P. Shawver, M.A., Academic Coordinator University Housing Eleanor L. Reynolds, M.S., Director David Moroz, M.A., Assistant Director for Program Services Deborah O. Wade, M.S., Assistant Director for Finance and Operations Rebecca L. Wickham, M.A., Assistant Director for Administrative Services Felicia B. Bumpus, M.A., Manager, Student Apartments Finance and Administration Office of the Vice President Lynne C. Schaefer, M.B.A., Vice President for Finance and Administration Tom LeMarbe, M.S.F., Division Information Technologist Steve W. Roberts, M.B.A., Associate Vice President for Finance and Administration Patricia I. Rottenberk, B.A., Assistant to the Vice President of Finance and Administration Auxiliary Services Peggy S. Cooke, M.B.A., C.P.A., Director Roberta A. Badgley, B.S., C.P.A., Assistant Director Gregg Bloomfield, B.A., Managing Director, Meadow Brook Theatre Emily Fletcher, Group Sales Manager, Meadow Brook Theatre Kathleen M. Gentile, Box Office Manager, Meadow Brook Theatre Robert Gold, B. A., Acting Director of Marketing and Sales, Meadow Brook Theatre Daniel M. Jaffe, B.A., Production Manager, Meadow Brook Theatre Angela M. Schmucker, B.S., Director of Development, Meadow Brook Theatre Budget and Financial Planning Thomas P. LeMarbe, M.S.F., Acting Director Ann M. Bayley, B.B.A., C.P.A., Senior Budget Analyst Cheryl McPherson, M.S.A., Budget Analyst Nancy B. Vander Werff, M.B.A., C.P.A., Financial Analyst Cheryl R. Verbruggen, M.S.A., Associate Director Facilities Management Carl (Rusty) Postlewate, M.S., P.E., Associate Vice President Ron Carlsen, General Foreman, Structural Maintenance and Repair Edward R. Dorich, A.A., Manager, Buildings & Grounds Daniel E. Jakobiak, B.A., Work Order System Coordinator Carolyn Johnson, M.B.A., Business Manager Daniel S. Niezurawski, Deferred Maintenance Project Manager Grover C. Tigue, Manager, Utilities Operations James Leidel, BSME, C.E.M., C.E.P., Energy Manager Simon Ren, BSME, C.E.M., P.E. University Engineer Capital Planning and Design Janet R. Hepburn, B.S., Manager Khales S. Dahr, M.S., Senior Architect Stuart L. Rose, M.U.P., Project Manager Steve Zmich, B.A., Project Manager Controller\u2019s Office Thomas C. Evans, M.B.A., C.P.A., Controller Robert O. Bonam, II, B.S., C.P.A., Accounts Payable Manager Sylvia F. Cacossa, M.S., C.P.A., Senior Accountant Kelly R. Carter, B.S., C.P.A., Manager of Student Business Services Jackie L. Dutcher, B.S., Assistant Manager, Financial Aid Accounting & Cashiers Office Yeanina M. Hines, B.B.A., Assistant Manager, Student Accounts Edward H. Nolan, M.B.A., C.P.A., Assistant Controller Michele L. St. Denis, A.A.S., Manager, Student Accounts Pamela R. Andrews, B.S., C.P.P., Payroll Manager Linda M. Switzer, B.S., Manager, Financial Aid Accounting & Cashiers Office University Human Resources Ronald P. Watson, B.A., Assistant Vice President Charles Hughley, M.S.A., M.P.A., B.S., Labor/Employer Relations Manager Barbara McGuire, B.A., Benefit & Compensation Services Manager Carol Lieving, M.A., B.A., Benefit and Compensation Analyst 467 Gail A. Ryckman, B.S., Manager of Employment Aldona Sonta, M.A., B.S., Manager, Professional Development & Training Tracey D. Zang, Human Resources Specialist Internal Audit David P. Vartanian, M.B.A., C.P.A., Director Kathleen A. Belke, B.B.A., Internal Auditor Marjorie A. Goodhue, B.S., C.P.A., Manager Oakland University Golf & Learning Center Katke-Cousins & R.& S. Sharf Golf Courses William Rogers, B.A., P.G.A. Golf Professional and Managing Director Larry Hamilton, B.S., P.G.A., Head Golf Professional Carl W. Hunt, B.B.A., Business Manager Oakland University Police Samuel C. Lucido, B.S., M.S., Chief of Police Melvin E. Gilroy, B.A., Lieutenant Purchasing and Risk Management Catherine R. Lark, B.A., Director Judy Burton, Buyer Maria Ebner-Smith, M.B.A., Manager, Purchasing Cora A. Hanson, M.S., Environmental Health and Life Safety Manager Mariann Hodge, M.S., Laboratory Safety Specialist Margaret C. Leahy, M.B.A., Manager, Insurance & Risk Control Domenico A. Luongo, M.S., Laboratory Compliance Manager Robert D. Tyrell, Fire Systems Inspection Coordinator University Services and Property Management Laurel McDaniel, B.S., Director of University Services General Counsel and Board of Trustees Victor A. Zambardi, J.D., General Counsel and Secretary to the Board of Trustees Pamela Heatlie, J.D., Assistant General Counsel Diana L. Fernando, J.D., Staff Attorney, and Freedom of Information Act Coordinator Susan M. Frishman, J.D., Staff Attorney Rhonda G. Saunders, Assistant to the General Counsel/Secretary to the Board of Trustees University Relations Office of the Vice President Susan Davies Goepp, CFRE, B.S., Vice President for University Relations and Executive Director, Oakland University Foundation Evelyn Yaeger, B.A., Assistant to the Vice President for University Relations and Executive Director, Oakland University Foundation Matthew York, B.S., University Relations Budget Manager Alumni Relations and Annual Giving Susannah Cameron Crichton, B.S.C., Joint Honors Geology (Canada), Assistant Vice President for Alumni Relations and Annual Giving Adrienne L. Bass, B.A., Director, Alumni Relations Carol Carpenter, B.A., Program & Events Specialist Gail Meyers, A.S., Membership Services Coordinator Linda Oliver, B.S., Assistant Director James Simek, M.S.Ed., Assistant Director, Alumni Relations Julie Vulaj, M.S.M., Director of Annual Giving Terry Colonna, B.S., Assistant Director of Annual Giving Development Bernadette Dor\u00e9, J.D., B.A., Assistant Vice President for Major and Planned Gifts Brian Arbeiter, M.P.A., Director of Development, Athletics Jerry Felzien, B.A., Director of Development, School of Engineering and Computer Science Julie M. Lichtenberg, MSW, Director of Development, College of Arts and Sciences Angela Schmucker, B.S., B.A., Director of Development, Meadowbrook Theatre Pamela Serwa, B.A., Director of Development, Meadowbrook Hall Tracy Utech, M.P.A., Director of Development, School of Business Administration James A. McLaughlin, CFRE, B.A., Assistant Vice President for Development Information Services and Corporate and Foundation Relations Robert Saunders, B.S., Director of Advancement Services Theresa Allen, Gift Processing Manager Lyndy Drewry, B.A., B.S., Director Prospect Tracking Linda Hahn, M.S., B.S., Constituent Researcher Alysa Hunton, B.A., Constituent Researcher Rainy Stephenson, Stewardship Manager Dawn M. Teolis, B.A., Technical and Reporting Specialist Meadow Brook Hall Sally A. Victor, B.S., Interim Director Mary Bonnell, Group Events Representative Wendy A. DeLaRosa, B.A., Corporate Events Representative Tami Lund, Facility Rental Manager Shannon O'Berski, B.A., Marketing Manager Pamela Serwa, B.A., Director of Development Paula O. Sutterfield, B.S., Business Manager Kimberly L. Zelinski, A.S., Facility Operations Manager Special Events Lenise M. Tucker, B.S., Director of Special Events Bridget Green, B.A., Assistant Director of Special Events Tiffany Alexander, B.A., Administrative Assistant University Communications and Marketing Geoffrey C. Upward, M.A., Director M. Kathy Angel, B.S., Graphic Designer Mark Bryant, B.F.A., Web Designer 468 Kelly Claffey, B.F.A., Graphic Production Coordinator Dennis L. Collins, B.F.A., Campus Photographer Pamela Duplacey, B.F.A., Graphic Designer Kathleen D. Kramer, B.B.A., Budget Manager/ Administrative Assistant Mary Iorio, B.A., Editor Debra Lashbrook, B.F.A., Art Director Liz Lent, B.A., Writer Ted Montgomery, B.A., Director, Media Relations Laura Mutz, M.A., Special Projects Editor Ann Ruppenthal, B.A., Media Relations Assistant Jeff Samoray, M.A., Web Writer Kimberly Popiolek, B.A., Web Editor Sheila Carpenter, B.B.L., Office Assistant Claudette Zolkowski, B.A., Director of Web and Marketing Services Oakland University Foundation Through its activities, the Oakland University Foundation, a separate legal corporation, provides influence, advice and financial support to the university. Support generated by its President\u2019s Club and other activities augments traditional resources of tuition and state appropriations, and serves to enhance and maintain the high-quality characteristics of the educational, cultural and public-service programs of Oakland University. Directors James L. Howlett, Chair Ralph W. Babb, Jr., Vice-Chair Janet E. Bennett*, Secretary Walter R. Young, Jr., Treasurer Margaret Allesee Marilyn Barnett Walter E. Douglas David J. Doyle* Frederic Gonzalez Diane L. Grieves* Barry M. Klein* Gary W. Laidlaw* David Baker Lewis* John F. Mills* Eddie R. Munson Henry D. Price Joan Rosen George H. Seifert Stephan Sharf James A. Sharp, Jr. Michael J. Vogel James R. Wilbert* J. Michael Wooley* *Alumni of Oakland University ex officio Susan L. Davies Goepp, Vice President, University Relations and Executive Director, Oakland University Foundation Gary D. Russi, President, Oakland University Lynne C. Schaefer, Vice President, Finance and Administration and Chief Financial Officer, Oakland University Foundation Molly Beresford, Chair, President's Club Susan J. Evans, Chair, Alumni Association Board of Directors Lawrence Ternan, Legal Counsel 469 Oakland University Senate The Senate is an all-university governance body whose membership includes administrative officers, students and faculty members elected for two-year terms to represent their academic units. The Vice President for Academic Affairs, its presiding officer, works with the Steering Committee to carry out the administrative functions of the Senate. It serves as a legislative forum that meets monthly during the academic year. The Senate recommends new degree programs to the president and the board and must approve the constitutions of colleges and schools. It determines academic policies and provides opportunity for public deliberation on issues of importance to the university. The Senate carries out much of its work through its committees, all staffed mainly by faculty members but generally including student and administrative representatives as well. Currently, there are 18 such committees whose responsibilities reflect the range of the Senate\u2019s concerns. Academic and Career Advising Committee Academic Computing Committee Academic Conduct Committee Academic Standing and Honors Committee Admissions and Financial Aid Committee Assessment Committee Athletics Committee Budget Review Committee Campus Development and Environment Committee Committee on Human Relations General Education Committee Graduate Council Honorary Degrees Committee Library Committee Planning Review Committee Research Committee Teaching and Learning Committee University Committee on Undergraduate Instruction 470 Course Reference Accounting (ACC) .......................................... 301 American Studies (AMS) ............................... 271 Anthropology (AN) ....................................... 252 Applicable Analysis and Mathematical Modeling (APM) ........................................ 162 Applied Language Studies (ALS) ................... 150 Applied Technology in Business (ATB) .......... 302 Art History (AH)............................................ 92 Biochemistry (BCM)...................................... 262 Biology (BIO) ............................................. 103 Chemistry (CHM) .......................................... 115 Chinese Language (CHE) ............................... 170 Cinema Studies (CIN) .................................... 274 Communication (COM) ................................. 242 Computer Science and Engineering (CSE) ...................................... 376 Counseling (CNS).......................................... 316 Cytotechnology (CT) ..................................... 411 Dance (DAN)................................................. 207 Economics (ECN) ................................... 122, 303 Electrical Engineering (EE) ............................ 381 Elementary Education (EED) ......................... 332 Engineering (EGR) ........................................ 376 English (ENG) ............................................... 127 English As Second Language (ESL) ........... 153 Environmental Studies (ENV) ........................ 264 Exercise Science (EXS) .................................. 397 Finance (FIN) ................................................ 306 Financial Information Systems ........................ 307 Foundations of Education (FE)....................... 317 French Language and Literature (FRH) ........... 171 Geography (GEO) .......................................... 280 German Language and Literature (GRM) ........ 173 Health Behavioral Sciences (HBS) .................. 399 Health Sciences (HS)...................................... 401 Hindi-Urdu Language (HIU, HIN, URD)......... 175 History (HST) ................................................ 134 Histotechnology (HT) .................................... 411 Honors College (HC) ..................................... 423 Human Resource Development (HRD)............ 323 Industrial Health and Safety (IHS) .................. 404 International Studies (IS) ................................ 145 Instructional Systems Technology (IST) ......... 327 Italian Language and Literature (IT) ................ 175 Japanese Language and Literature (JPN).......... 175 Journalism (JRN) ........................................... 246 Latin Language And Roman Culture (LTN) ................................. 153 Linguistics (LIN) ........................................... 151 Literatures in Translation (LIT) ....................... 179 Management (MGT) ...................................... 307 Management Information Systems (MIS) ........ 308 Marketing (MKT) .......................................... 310 Mathematics (MTH)....................................... 160 Mathematics for Elementary Education Majors (MTE) ............................................ 164 Mechanical Engineering (ME) ........................ 383 Medical Laboratory Science (MLS) ................ 412 Michigan Studies (MC) .................................. 275 Modern Language (ML) ................................. 180 Music, Theatre, Dance (MTD) ........................ 204 Music (Applied) (MUA)................................. 194 Music Ensembles (MUE) ............................... 197 Music History, Literature, Appreciation and Education (MUS) ................................. 199 Music Theory and Composition (MUT) .......... 203 Nuclear Medicine Technology (NMT) ............ 413 Nursing (NRS)............................................... 434 Operations Research (MOR) ........................... 164 Organizational Behavior (ORG) ...................... 311 Philosophy (PHL) .......................................... 212 Physical Sciences (SCI) ............................ 115, 220 Physical Therapy (PT).................................... 416 Physics (PHY) ............................................... 219 Political Science (PS) ..................................... 226 Production and Operations Management (POM) .................................... 312 Psychology (PSY) ......................................... 232 Quantitative Methods (QMM) ........................ 313 Radiation Therapy (RT) ................................. 413 Reading (RDG) .............................................. 326 Religious Studies (REL) ................................. 277 Rhetoric (RHT) .............................................. 238 Russian Language and Literature (RUS) .......... 176 Science Studies (SCS) .................................... 334 Secondary Education (SED) ........................... 337 Sociology (SOC) ........................................... 256 Spanish Language and Literature (SPN) .......... 177 Special Education (SE)................................... 318 Statistics (STA) .............................................. 163 Studio Art (SA) .............................................. 96 Systems Engineering (SYS) ........................... 388 Theatre (THA) ............................................... 204 Wellness, Health Promotion, and Injury Prevention (WHP) .......................... 419 Women\u2019s Studies (WS) ............................... 268 471 Academic advising, 51 (see also individual academic units and programs) calendar, 6 conduct policy, 70 forgiveness, 74 honors, 70 options, 270 policies, other, 70 probation and dismissal, 72-74 progress, 29 records, 67 Skills Center, 40 Accounting for computer science majors, 345 Accreditation accounting, 285 business administration, 285 chemistry, 111 computer science, 339 education, 328 engineering, 339 nursing, 433 physical therapy, 415 university, 10 Additional undergraduate degrees and majors, 61 Admission arts and sciences, 83 business administration, 287 elementary education, 329 engineering and computer sciences, 341 freshmen, 11 from Michigan community colleges, 64 guest status, 12 high school students, 12, 297 non-matriculating, 13 non-U.S. citizens, 12 nursing, 425 physical therapy, 415 post-baccalaureate status, 13 second degree, 13 to major standing (see individual academic departments) transfers, 63 Advanced placement, 13 standing, Honors College, 423 Advertising minor, 246 Advising academic, 50 (see also individual aca- demic units and programs) academic advising index, 4 College of Arts and Sciences, 83 fee, orientation and advising, 17, 41 General Studies, 392 physics, 217 Resource Center, 51 School of Business Administration, 286 School of Education and Human Services, 314 School of Engineering and Computer Science, 342 School of Health Sciences, 395 School of Nursing, 427 African and African-American studies program, 143 AFROTC, 81 American Chemical Society, 112 Application for degree, 17 fee, 17 process, STEP, 334 Applied language studies courses (ALS), 150 mathematics, 347 music courses, 194, 195 statistics concentration, 101, 271, 347 statistics major, Bachelor of Science, 158 Archaeology concentration, 271 Art and Art History Department of, 91 Arts and Sciences College of, 83 cooperative education, 90 degree requirements, 84 departmental honors, 85 distribution requirements, 84 field experience program, 89 independent majors, 87 interschool program, 87 majors, 85, 86 multiple majors, 87 STEP, 86 transfer students, 89 Assessment, 51, 298 Associate degree, two-plus-two, 391 Athletics, 82 472 Attendance, class, 74 Auditing courses, 54 Bachelor of General Studies, 391 requirements, 392 Biochemistry program, 86, 102, 114, 261 Biological Sciences Department of, 99 Secondary Teacher Education Program (STEP), 101 Board of Visitors School of Business Administration, 282 School of Engineering and Computer Science, 338 School of Health Sciences, 394 School of Nursing, 424 Business Administration awards, honors, scholarships, 299 cooperative education, 299 degree requirements, 285 requirements for majors, 286 School of, 282 Campus map, 481 Campus Sex Crime Prevention Act, 68 Cancellation, extension class, 80 Career experience, 42 Career Resources Center, 41 Career Services, 42 Catalog, six year rule, 55 Center for American English, 63, 153 for International Programs, 86, 142 for Multicultural Initiatives, 42 for Robotics and Advanced Automation, 340 for Student Activities and Leadership Develop ment, 46 Certificate programs, 80 Certification elementary education, 332 secondary education, 86, 316 Certified Public Accountant preparation, 289 Chemistry Department of, 110 engineering chemistry, 112, 373 Secondary Teacher Education Program (STEP), 113 Child care, 44, 315 Chinese studies (see East Asian studies), 143 (credit by examination), 14 Class standing, 52 Code of ethics, American College of Sports Medicine, 419 College of Arts and Sciences (see Arts and Sciences, College of) Commendations (see honors) Communication program, 241 Competency, course, 53 Complaints, procedure, 75 Computer science and engineering Department of, 352 Computing resources, 14 Concentrations, 88 American studies, 270 applied statistics, 347, 271 archaeology, 271 criminal justice, 272 defined, 55, 88 environmental studies, 273, 348 film aesthetics and history, 273 for engineering and computer science stu- dents, 347 for general studies majors, 393 German studies, 168 French studies, 170, 274 health behavioral sciences, 399 linguistics, 125, 149, 211, 232, 242, 251 Michigan studies, 275 prelaw studies, 279 premedical studies, 280 preprofessional studies in medicine, dentistry, optometry and veterinary medicine 102, 114, 262, 275 preprofessional studies in medicine, denistry, optometry and veterinary medicine and physician assistant, 411 religious studies, 276 social work, 278 urban studies, 278 Conferences, 81 Congress, student government, 46 Continuing Education, 80, 433 Cooperative education, 42 arts and sciences, 90 business administration, 299 engineering and computer science, 345 Counseling Center, 43 Course adjusting (drop/add), 53 auditing, 54 competency, 53 competency by examination fee, 17 473 credit system, 52 fees, 16 reference, 470 regulations, 52 repeating, 54 Dean of Students, 43 Dean\u2019s List, 70 Degree requirements, 55 (see also individual academic units and programs) Degrees, additional, 13, 61 Diploma programs, 80 Discrimination, Illegal, 76 Disability support services, 43 Dismissal, 72 appeal process, 74 option status, 74 Distribution fields, arts and sciences, 85 Double degrees, 61 Double majors, 61, 346 East Asian studies program, 143 Economics Department of, 120 Education and Human Services Advising Center, 314, 320 certification, elementary education, 332, 336 Step, 334 Educational Resources Laboratory, 315 Field Placements, 315, 332 School of, 314 Electrical and Systems Engineering Department of, 358 Elementary education candidacy, 329 certification, 332 pre-elementary education, second undergradu- ate degree, 328 program requirements, 330 teaching majors/minors, 330 Email policy, 15 Engineering and Computer Science academic standing, 344, 350 admission, 341 concentrations and minors, 347 cooperative education program, 345 double major, 346 electives policy, 346 School of, 338 transfer policy, 341 Engineering Sciences Programs, 373 English Department of, 124 STEP, 126 English as a second language (see ESL), 63, 149, 153, 170 English proficiency policy, 62 Enrollment deposit, 17 Environmental health program, 86, 263 ESL, 63, 149, 153, 170 Ethnic diversity requirement, 60, 61 Evening degree programs, 80 Exception, petition of, 62 Exercise science program, 396 Extension program, 80 course cancellation, 80 Faculty, university, 438 Family Educational Rights/Privacy Act, 68 Fees, 15-18 refund of, 18 Field experience courses, 89 Field placements, 315, 430 Financial Aid and Scholarships academic requirements, 29 application procedures, 27 financial aid, grants, 24-27 scholarships, 31-40 Forgiveness, academic, 74 French language and literature, 170 Freshman admission, 11 General business minor, 296 education requirements, 57-61 education requirements, Honors College, 422 information, elementary education, 328 information, engineering and computer science, 339 management major, 290 service fee, 16 studies degree, 391 undergraduate degree requirements, 55 Grade point requirement, 57 Grading system, 66 Graduate Study, Office of, 49 Graduation service fee, 17 Graham Health Center, 43 Grants, 24-27 Guest status admission, 12 Handicapped student services, see Disability Support Services Health behavioral sciences program, 399 Health Sciences advising, 395 core curriculum, 395 program, 399 474 School of, 394 Health services, 43 History Department of, 132 Secondary Teacher Education Program (STEP), 133 Honors academic, 70 arts and sciences, 85 anthropology, 252 art history, 92 biochemistry, 262 biology, 102 business administration, 299 chemistry, 113 communication, 238 conciliar, 393 departmental, 70 dean\u2019s list, 70 economics (arts and sciences), 121 English, 125 general studies, 393 history, 133 Honors College, 422 human resource development, 323 international studies, 142 journalism, 238 linguistics, 149 mathematics and statistics, 159 modern languages, 169 music, theatre, dance, 182 nursing, 423 philosophy, 211 physics, 219 political science, 224 psychology, 232 sociology, 252 university, 70 Honors College, 422 Housing, 45 Human Development and Child Studies Department of, 317 Human Resource Development Department of, 319 Independent major, arts and sciences, 87 project, Honors College, 422 Industrial health and safety grade point policy, 401 program, 402 Instructors, standards, 75 Intercollegiate sports, 82 International Programs, Center for International, 142 students and scholars, 44 Internship program, 42 (see also individual academic units) Interschool MBA, 87 Japanese language and literature studies (see East Asian studies), 143 Journalism program, 245 Ken Morris Center for the Study of Labor and Work, 315 Labor studies center, 315 Late add fee, 17 payment penalty, 17 registration fee, 17 Latin American language and civilization, 168 studies program, 144 Legal assistant program, 80, 225 Library, 78 Licensure, nursing, 433 Linguistics Department of, 148 Lowry Center for Early Childhood Education, 44, 315 Macomb University Center, 80 agreement principles, 65 Major requirements, arts and sciences, 84 Majors (see also modified majors) accounting, 288 additional, 61 African and African-American studies, 143 anthropology, 251 applied statistics, 158 art history, 91 arts and sciences, 85 biochemistry, 86, 103, 114, 261 biology, 100 chemistry, 111 Chinese studies (see East Asian studies), 143 choral/general music education, 187 communication, 241 composition, 191 computer engineering, 352 computer science, 355 dance, performing arts, 183 East Asian studies, 143 economics (Bachelor of Arts), 120 economics (Bachelor of Science), 293 electrical engineering, 358 475 elementary education, 328 elementary teaching, 170, 329 engineering chemistry, 112, 373 engineering physics, 218, 374 English, 125 environmental health, 86, 263 finance, 289 financial information systems, 290 general management, 286 health sciences, 400 history, 132 human resource development, 319 human resources management, 291 independent, 87 industrial health and safety, 403 instrumental music education, 186 instrumental performance, 190 international studies, 142 Japanese studies (see East Asian studies), 143 journalism, 245 Latin American language and civilization, 168 Latin American studies, 144 linguistics, 148 management information systems, 291 marketing, 292 mathematics, 152 mechanical engineering, 367 medical laboratory sciences, 408 medical physics, 217 multiple, 87 modern language and literature, 167 music (Bachelor of Arts), 182 music (Bachelor of Music), 186 music theatre, performing arts, 184 nursing, 428 organ performance, 190 performing arts, 183 philosophy, 210 physical therapy (see Health Sciences), 415 physics, 217 piano performance, 189 political science, 223 psychology, 231 public administration/public policy, 224 Registered Nurse sequence, 430 Russian language and civilization, 168 slavic studies, 144 sociology, 250 sociology and anthropology, 251 South Asian studies, 144 systems engineering, 361 teaching, 330, 331 theatre performance, performing arts, 185 theatre production, performing arts, 185 two modern languages, 167 vocal performance, 188 Women\u2019s studies, 267 Wellness health promotion, and injury prevention, 417 Major standing biochemistry, 261 biology, 100 business administration, 287 chemistry, 111 computer science, 344 economics (Bachelor of Arts), 121 economics (Bachelor of Science), 294 elementary education, 329 engineering, 344 journalism, 245 modern languages, 167 music, 182 Master\u2019s programs business administration, 284 education, 314 engineering and computer science, 340 graduate degrees, 49 interschool MBA, 87 Mathematics and Statistics Department of, 156 Secondary Teacher Education Program (STEP), 158 McCree, Wade Incentive Scholarship Program, 47 Meadow Brook Art Gallery, 7 Hall, 7 Health Enhancement Institute, 394 Music Festival, 7 Theatre, 7 Mechanical Engineering Department of, 366 Medical laboratory sciences program, 406 grade point policy, 409 physics, 216 Michigan teaching certification, 332 Minors accounting, 295, 347 476 advertising, 246 African and African-American studies (see international studies), 143 anthropology, 251 applied statistics, 347 applied mathematics, 347 applied technology in business, 295 art history, 92 biology, 103, 347 chemistry, 114, 348 Chinese studies (see East Asian and interna- tional studies), 143 communication, 242 computer science (for mathematics majors), 159 (for nonengineering majors), 272, 357 computing, 272, 357 dance, 193 East Asian studies, 143 economics, 121, 296, 348 elementary teaching, 170, 330 English, 125 environmental health, 264 environmental studies, 348 exercise science, 397 finance, 296, 348 financial information systems, 296 for engineering and computer science majors, 347 for general studies majors, 393 for liberal arts programs, 87 for nonbusiness majors, 295 French language, 169 French language and literature, 171 general business, 296, 348 German language, 169 German language and literature, 173 history, 134 human resource development, 321 human resources management, 296 industrial safety, 404 international management, 297 international orientation for engineering/com- puter science students, 348 international studies, 143 Japanese language and civilization, 170 journalism, 246 labor and employment studies, 322 Latin American studies, 144 linguistics, 149, 349 management information systems, 297, 349 marketing, 297 mathematics, 159 modern language, 169 modern language and literature, 169 music, 193 philosophy, 211 physics, 219, 349 political science, 224 production and operations management, 297, 349 psychology, 232 public relations, 246 quantitative methods, 297, 349 Russian language, 169 Russian language and literature, 176 science, 280 secondary teaching, 114, 122, 126, 134, 159, 170, 193, 219, 224 slavic studies, 144 sociology, 251 South Asian studies, 144, 211 Spanish language, 169 Spanish language and literature, 177 studio art, 92 teaching 330 theatre, 193 two/three-science, 280 wellness, health promotion, and injury prevention, 419 women\u2019s studies, 267 Modern Languages and Literatures Department of, 166 Secondary Teacher EducationProgram (STEP), 168 Modified majors anthropology, 251 biology, 101 communication, 242 English, 125 French, 168 German, 168 linguistics, 149 modern languages, 168 philosophy, 211 psychology, 232 Russian, 168 sociology, 251 Spanish, 168 Music, Theatre and Dance Department of, 181 Secondary Teacher Education Program (STEP), 186, 334 477 Need-based grants, 23 Nonmatriculating admission, 13 Non-U.S. citizens, admission, 12 Nursing admission, 425, 426 accreditation, 433 advising, 427 annual requirements, 430 field placements, 430 Graduate program, 425 licensure, 433 policies and procedures, 432 School of, 424 Student Nurses Assoc., 433 transfer policy, 427 Oakland Center, 44 Office of field placements, 315 Orientation, 45 fee, 17 Other academic options, 270 STEP, 334 Petition of exception, 62 (see also individual academic units) Philosophy Department of, 210 Physical education (see exercise science), 396 Physical Therapy programs, 415 Physics advising, 217 Department of, 216 engineering physics, 218 Secondary Teacher Education Program (STEP), 217 Placement advanced, 13 exams mathematical sciences, 157 modern languages, 167 in rhetoric courses, 238 testing, 45 Plan of study engineering and computer science, 342 nursing, 429 Planning page, 479 Political science Department of, 223 Postbaccalaureate status, admission, 13 Pre college programs, 47 Pre-elementary education, 328 Prelaw studies, 225, 279 Premedical studies, 280 Preprofessional studies in medicine, dentistry, optometry and veterinary medicine, 102, 114, 262, 275, 411 Preprofessional studies for physician assistant, 411 Privacy Act, 68 Probation, academic, 72 Problem resolution, 75 Product development and manufacturing cen- ter, 340 Psychology Department of, 231 Public administration/public policy program, 224 Reading and Language Arts Department of, 326 Readmission, 17, 74 Records, academic, 67 Recreation, Campus, 41 Refund of fees, 18 Registered Nurse sequence, 430 Regulations governing courses, 52 Repeating courses, 54 Research opportunities, 14, 113 Residency classification, 19 application process, 21 halls and university housing, 45 service fees, 18 Responsibility, student, 51 Rhetoric, Communication and Journalism Department of, 237 programs, 238, 241, 245 Role and Mission, 8 Russian language and civilization, 168 Scholarships, 31 Science liberal arts minor, 280 Second undergraduate degrees, 61 Secondary certification, 86 teaching education program (STEP), 334 teaching minors, 88 biology, 103 chemistry, 114 dance, 193 economics, 122 English, 126 history, 134 mathematics, 159 478 Theatre performance, performing arts, 185 Theatre production, performing arts, 185 Time limits, 77 Transcripts (see Academic records), 67 Transfer admission, 63 arts and sciences provisions, 65, 84 business administration, 297 community college, 64 credit evaluation, 64 engineering and computer science, 341 general education, 65 nursing, 427 practices, 64 principles, 65 student information, 64 writing proficiency, 56 Translation certification, 169 Tuition and fees, 15 Tutorial assistance (see Academic Skills Center), 40 Two-plus-two program, 252, 391 Two modern languages program, 167 Undergraduate degree requirements, 55 Undergraduate education, Office of, 47 University faculty, 438 honors, 70 library, 78 offices, 462 Senate, 469 Student Congress, 46 University approval for research activities involving human and animal subjects, 69 Upward Bound program, 47 Vocal music education, 188 Wellness, Health Promotion, and Injury Preven- tion Program, 416 Withdrawals, undergraduate, 75 Women\u2019s studies Program, 267 Writing proficiency requirement, 56 modern languages, 170 physics, 219 political science, 224 sociology, 252 Teacher Education Program (STEP), 86, 334 Sigma Theta Tau, 433 Skill development courses 011-012), 159 Social studies, teaching minor, major, 331 Sociology and Anthropology Department of, 250 South Asian studies program, 144, 211 Spanish language and literature, 169 Special opportunities for students, 14 Specializations anatomy, 101 cell-molecular, 101 criminal justice, 252 cytotechnology, 409 defined, 55 environmental and resource management, 264 histotechnology, 410 medical technology, 409 microbiology, 101 nuclear medicine technology, 410 occupational health and safety, 263 public health, 264 radiation therapy, 410 toxic substance control, 264 Statistics and Mathematics Department of, 156 Student Activities and Leadership Development, 46 Affairs, Division of, 40 employment, 22 International, 43 Nurses Association of Oakland University, 433 organizations, activities, 46 responsibility, 51 standards, 70 Study abroad, 15, 144, 169 Supplemental Instruction (SI), 40 grading option, 66 Teacher certification, 332 Teacher Development and Educational Studies, Department of, 328 Teaching majors/minors (SEHS), 330, 331 Test preparation workshops, educational, 81 Testing services, 47 479 Ethnic Diversity Requirements Course Taken General Education Requirements Date Field Category Course Taken Credits Arts Literature Language Western Civilization International Studies Social Science Mathematics Natural Science Total credits (Minimum 32) Writing Proficiency Requirements Rhetoric 150 Rhetoric 160 480 College or School Requirements Date Field Category Course Taken Credits Total credits Major: Major Requirements Date Category Courses Taken Credits Total credits 481 1. Campus Facilities and Operations 2. Police and Support Services Building 3. Belgium Barn 4. Varner Hall Varner Recital Hall Studio Theatre 5. Elliot Hall 7. Kresge Library 8. Science and Engineering Building 9. Hannah Hall of Science 10. Dodge Hall of Engineering 11. South Foundation Hall 12. North Foundation Hall 13. Oakland Center 14. Wilson Hall 15. Meadow Brook Theatre and Art Gallery 16. Graham Health Center 17. Vandenberg Hall 18. Hamlin Hall 19. George T. Matthews Apartments 20. Hill House 21. Van Wagoner House 22. Fitzgerald House 23. Anibal House 24. Pryale House 25. Central Heating Plant 26. Recreation and Athletics Center 27. O\u2019Dowd Hall 28. Grounds/Maintenance 29. Clinical Research Lab 30. Kettering Magnetics Lab 31. Observatory 32. Lowry Child Care Center 33. Golf Course Clubhouse 34. John Dodge House 35. Meadow Brook Hall 36. Carriage House 37. Sunset Terrace Oakland University 38. Baldwin Memorial Pavilion 39. Trumbull Terrace 40. Meadow Brook Music Festival Ticket Office 41. Shotwell-Gustafson Pavilion 42. Meadow Brook Health Enhancement Institute 43. Katke-Cousins Golf Course 44. Pioneer Field (lower) 45. Pioneer Field (upper) 46. Varner House 47. Meadow Brook Greenhouse 482 5", "7478_103.pdf": "School of Business Administration Elliott Hall of Business and Information Technology Faculty Expertise Guide 2000-2002 Oakland University Faculty Listing Accounting Bazaz, Mohammad (Sadi) Callaghan, Joseph H. Cataldo, Anthony J. Dillon, Gadis J. Gardner, John C. Nathan, Kevin Parkash, Mohinder Peacock, Eileen Pelfrey, Sandra Savage, Arline Sidaway, David D. Economics Bangs, Joann Coppin, Addington Esposito, Louis Folland, Sherman T. Fosu, Augustin K. Izraeli, Oded Kalist, David Mukherji, Nivedita Murphy, Kevin J. Sahu, Anandi P. Stano, Miron Tracy, Ronald L. Finance Blasko, Matej Farragher, Edward Horwitz, Ronald M. Murphy, J. Austin Management Lee, Yong-Shik Markel, Karen Mayer, Don Miree, Cynthia E. Simon, Mark Willoughby, Floyd G. Management Information Systems Deng, Xiaodong Isken, Mark Lauer, Thomas W. Mathieson, Kieran Rajagopalan, Balaji Setzekorn, Kristina Sharma, Srinarayan Sugumaran, Vijayan Tanniru, Mohan Marketing Bhargava, Mukesh Carter, E. Vincent Henke, John W. Kim, John Parameswaran, Ravi Pisharodi, Ram Mohan Tyler, Catherine Organizational Behavior Barclay, Lizabeth A. Braunstein, Daniel N. Schwartz, Howard S. York, Kenneth M. Production Operations Management Aigbedo, Henry Fliedner, Eugene B. Wharton, T.J. Quantitative Methods in Management Doane, David P. Index of Specialties Accounting Information Systems (Savage) Accounting Regulations (Bazaz) Activity Based Costing (Bazaz, Peacock) Advertising Effectiveness Research (Bhargava Based Decision Support (Rajagopalan Using (Callaghan) Analytical Procedures (Sidaway) Antitrust Policy (Esposito) Applied Econometrics (Esposito, Fosu) Applied Economics (Tracy) Applied Statistics (Doane) Arbitration (Mayer) Asset Pricing (Blasko) Assessment Centers (York) Asymmetric Information & Macroeconomic Policies (Mukherji) Audit and Review Efficiency (Sidaway) Audit Risk (Sidaway) Audit Sampling (Sidaway) Audit Scheduling (Gardner Board Financial Committees (Horwitz) Brand and Service Equity (Parameswaran) Business Consulting (Callaghan) Business Ethics (Mayer) Business Logistics Management (Fliedner) Business Process Reengineering (Lauer, Savage) Business-to-Business Sales/Marketing in Manufacturing Firms (Henke) Business-to-Business Marketing Research (Henke) Business Law (Lee) Business Valuation (Callaghan) Buyer-Supplier Relationships (Henke Capital Budgeting (Gardner) Capital Investment Analysis (Farragher) Capital Markets Research (Callaghan) Cognitive Heuristics and Biases (Simon) Commerce (Mathieson) Comparative Hospital Efficiency (Folland) Competitive Positioning (Willoughby) Competitive, Customer, and Supplier Intelligence Systems (Henke, Miree) Computer Simulation (Isken) Consolidation (Bazaz) Consumer Behavior (Kim) Consumer Decision Support Systems (CDSS) (Carter) Consumption Behavior Phenomena (Parameswaran) Corporate Control (Nathan) Corporate Environmental Disclosure (Savage) Corporate Law (Mayer) Country of Origin Studies (Parameswaran, Pisharodi Database Management Systems (Sugumaran) Debt and Credit Analysis (A. Murphy) Decision Making (Simon) Decision Support Systems (Isken) Demand Forecasting (Fliedner) Diffusion of Information Technology Innovations (Rajagopalan) Disability Management (Markel) Disclosure Issues (Parkash) Distribution Management (Pisharodi) Dividend Policy (Blasko) Diversity Management (Markel) Domain Modeling and Software Reuse (Sugumaran Econometrics (K. Murphy) Economic Development (Fosu) Economic Growth (Mukherji) Economic Methodology (Tracy) Efficiency Measurement (Bhargava) Electronic Commerce (Carter, Rajagopalan, Sharma, Sugumaran) Electronic Commerce, IOIS, and Supply Chain Linkages (Setzekorn) Environmental Economics (Izraeli) Equal Employment Opportunity (York) Ethnic Markets/Consumers (Carter) Executive Education (Farragher Financial Accounting (Dillon) Financial Committees (Horwitz) Financial Economics (Blasko) Financial Institutions (Sahu) Financial Intermediation (Mukherji) Financial Markets (Sahu) Financial Planning (Callaghan) Financial Reporting Issues (Bazaz, Dillon, Gardner, Pelfrey, Parksash, Sidaway) Financial Statement Analysis (Gardner, Parkash, Sidaway) Fiscal and Monetary Policies (Sahu) Forecasting (Doane) Foreign Currency Issues (Bazaz) Formulation of Beliefs about Information Systems (Mathieson Generally Accepted Accounting Principles (Dillon) Government Regulation (Esposito) Governmental Accounting Issues (Pelfrey Application Development (Mathieson Health Care Evaluation/Cost Effectiveness (Stano) Health Care Management (Braunstein) Health Care System Reform (Stano) Health Economics (Esposito, Kalist) Hospital Economic Behavior (Folland) Hospital Finance (Horwitz) Hospital Financial Management (Horwitz) Human Resources Management (Braunstein Individual Taxation (Theisen) Industrial Organization (Esposito) IT\u2019s Effects on Industry/Firm Efficiency, Structure, Learning, Decision Rights, and Incentives (Setzekorn Learning Process (Deng Strategy and Value (Setzekorn Strategy and Process Redesign (Tanniru) Intelligent Agents (Sugumaran) Internal and External Assessment (Willoughby) International Accounting (Bazaz) International Economics (Botsas, Coppin) International Investment (A. Murphy) International Law (Mayer) International Management and Marketing (Parameswaran) International Trade and Investment (Lee) International Trade and Monetary Theory (Bangs) Investments (Sahu Japanese Manufacturing (Aigbedo) Job Scheduling (Aigbedo Knowledge-based Systems (Sugumaran,) Knowledge-based Systems and Management (Tanniru) Knowledge Management (Sharma Labor Economics (Fosu, Izraeli, Kalist, K. Murphy) Labor Relations (Barclay) Logistics (Pisharodi Managed Care (Stano) Management Based Costing (Bazaz) Management Decision Making (Braunstein) Management Information Systems, Decision Support and Expert Systems (Parameswaran) Managerial Accounting (Cataldo, Peacock) Manufacturing Process Improvement (Wharton) Manufacturing Sales and Marketing (Henke) Marketing in Nonprofit Organizations (Bhargava) Marketing Measurements (Parameswaran) Marketing Performance Analysis (Bhargava) Marketing Research (Kim) Marketing Research and Information Systems (Parameswaran) Medicare Hospital Reimbursement (Horwitz) Mergers (Blasko) Mergers and Acquisitions (Nathan) Michigan Blue Cross Hospital Reimbursement (Horwitz) Monetary Policy (Mukherji) Monetary Policy under Uncertainty (Mukherji Non-Profit Economics (Folland) Not-for-Profit Accounting (Pelfrey) Not-for-Profit Tax Matters (Theisen) Nuclear Power Plan Externalities (Folland Object-oriented Design and Programming (Sugumaran) Operations Research/Management Science Modeling of Healthcare Systems (Isken) Operations Strategy (Fliedner) Organizational Coordination (Miree) Organizational Theory (Miree) Organizational Transformation and Change (Schwartz Physician Advertising (Folland) Portfolio Management (A. Murphy) Predicting Voluntary Use of Information Systems (Mathieson) Privatization in Government (Sahu) Proactive Firm Behavior (Simon) Problem Formulation (Wharton) Process Analysis and Design (Sharma) Production Systems Modeling and Analysis (Aigbedo) Professional Accounting Organizations (Dillon) Professional Services Markets (Stano) Purchasing Policies (Henke Quality Control (Doane Real Estate (Farragher) Reverse Distribution (Pisharodi) Reverse Logistics (Pisharodi) Review Procedures (Sidaway Sales/Marketing Structure, design, & Systems in Manufacturing (Henke) Script Theoretic Modeling (Pisharodi) Self-Efficacy (Barclay) Services Marketing (Carter) Sexual Harassment (York) Simulation (Parameswaran) Small Area Studies (Folland) Software Project Management Risk (Lauer) State and Local Public Finance (Izraeli) Strategic Feasibility Studies (Willoughby) Strategic Management Evaluation (Willoughby) Strategic Management Process (Willoughby) Supply Chain Management (Aigbedo) Systems Analysis and Design using (Savage) Systems Development (Callaghan Tax Planning/Compliance (Callaghan) Time Series Analysis (Tracy) Total Quality Management (Wharton, York) Transformational Leadership (Barclay) Transportation Selection (Pisharodi Urban and Regional Economics (Izraeli) Urban Education and Economic Development (Carter) Use of Software Productivity Tools (Lauer Value-at-Risk (Blasko) Variable Costing (Cataldo) Vital Organ Transplantation (Parameswaran Web Marketing (Mathieson) Work-family Conflict and Human Resources Practices (Markel) Oakland University School of Business Administration Office of the Dean 427 Elliott Hall Rochester 48309 Dear Friends: An important goal of the School of Business Administration at Oakland University is to provide assistance and be a source of information to our external constituent communities. We are interested in sharing our expertise with businesses, government and other types of organizations that can benefit from the intellectual resources of our faculty. This guide provides a short biography of each School of Business Administration faculty member and lists his or her particular areas of expertise. As you will see, the School has a dynamic faculty with a wide range of interests and accomplishments. The index at the end of the guide provides and alphabetical list of expertise areas and the associated faculty names encourage you to contact members of our faculty directly if you have needs that they might address. For further information or assistance, please feel free to contact my office at (248) 370-3286. Sincerely, John C. Gardner, Ph.D. Dean School of Business Administration Oakland University School of Business Administration Dean John C. Gardner, Ph. D. Location The School of Business Administration is located in the Elliott Hall of Business and Information Technology on the campus of Oakland University in Rochester, Michigan. Oakland University is strategically located in an actively expanding region of a major metropolitan area. Oakland's proximity to the Oakland Technology Park, DaimlerChrysler Headquarters, EDS, Facuc Robotics and Compuware and other corporate offices reinforces and enhances the dynamic relationship between the School of Business Administration faculty, students and Southeastern Michigan businesses. Mission The mission of the School of Business Administration is to advance knowledge and enhance students' abilities to manage in a global business environment. The mission is achieved through a synergistic combination of teaching, scholarship and professional service with emphasis on the linkage of theory and practice, and the application and management of technology. Toward the achievement of these ends, the School of Business Administration promotes collaborative relationships among students, faculty, staff, administrators and employers. Programs The School of Business Administration offers graduate programs leading to an Executive in Health Care Management, a Master of Business Administration, Master of Accounting, and a Master of Science in Information Technology Management. Post-Master Certificate Programs may be earned in Accounting, Business Economics, Finance, Human Resources Management, International Business, Management Information Systems, Marketing, and Production and Operations Management. The also participates in the Master of Science in Engineering Management offered by the School of Engineering and Computer Science. Undergraduate programs include a Bachelor of Science with majors in accounting, economics, finance, general management, human resources management, management information systems and marketing and a Bachelor of Arts with a major in economics. The SBA's Applied Technology in Business (ATiB) program is the only internship program of its kind in Michigan, combines a rigorous business education with hands- on training in the application of information technology in business. Totally funded by participant associate companies such as Chrysler Corporation, Compuware Automotive International, Kelly Services, Meritor and Hubert Distributors, ATiB interns receive two-year full tuition scholarships. Students learn the latest in information technology while applying what they learn to problems in laboratory settings and at associate firms Visiting Assistant Professor of Operations Management (248) 370-4959 [email protected] Henry Aigbedo joined the faculty in the fall of 2000. Prior to this, he held faculty positions at the University of Tsukuba, Japan and Iowa State University. He has acquired cognate industrial experience in a number of companies. He specializes in the areas of just-in-time manufacturing systems, job scheduling, mathematical modeling and analysis of production systems, and supply chain management. He is an active member of a number of professional organizations, including the Decision Sciences Institute and Japan Industrial Management Association. Education University of Tsukuba, Japan (M.S., Ph.D.) University of Lagos, Nigeria (M.S.) University of Ibadan, Nigeria (B.S.) Specialties o Japanese manufacturing o Job scheduling o Production systems modeling and analysis o Supply chain management (248) 370-3283 secretary (248) 370-4275 fax Assistant Professor of Economics (248) 370-2842 [email protected] Joann Bangs specializes in international trade and monetary theory. Her dissertation, completed in July, 2000 examined why countries import less than many international trade models predict. This idea is called \u201chome country bias.\u201d She used the idea that countries must learn to adapt to differences in laws and customs to build trading relationships with each other to explain why home country bias exists, and why it has been decreasing over time. Education University of Minnesota (Ph.D. in Economics) University of Minnesota (M.A. in Economics) University of Wisconsin, Madison (B.S. in Economics) Specialties o International trade and monetary theory (248) 370-3283 secretary (248) 370-4275 fax Professor of Management (248) 370-3293 [email protected] Lizabeth A. Barclay specializes in the areas of transformational leadership, labor relations and self-efficacy and teaching methods. Her current research interests include self-efficacy in a union environment and burnout in academic chairs. She has published in journals such as Journal of Applied Psychology, Academy of Management Review, Journal of Collective Negotiations in the Public Sector Magazine, and Public Management. She occasionally consults on a variety of topics with local organizations. She is also certified as a Senior Professional of Human Resources (SPHR). Education Wayne State University (Ph.D., Industrial Organizational Psychology) Eastern Michigan University (M.S., General/Experimental Psychology) Michigan State University (B.A., History) Specialties o Transformational leadership o Self-efficacy o Labor relations (248) 370-3279 secretary (248) 370-4275 fax Professor of Accounting (248) 370-4286 [email protected] Mohammad Bazaz specializes in financial, managerial and international accounting. He has taught elementary, intermediate and advanced accounting courses at the undergraduate and graduate levels. He has also published many articles in accounting regulations, foreign currency translation, segmental reporting, and event studies. Dr. Bazaz has published numerous articles in several international accounting journals including The Journal of International Accounting and Advances in International Accounting. Dr. Bazaz had two internships with DaimlerChrysler Corporation in 1994 and 1997. His experience with Chrysler included the areas of activity-based cost accounting and business process costing. He also helped Price Waterhouse in the implementation of ACTIVA, a software with activity-based costing. Education University of Oklahoma (Ph.D. in Accounting) College of Accounting, Iran (B.Acc., M.Acc.) Specialties o Consolidation o Accounting regulation o Financial reporting issues o Foreign currency issues o International accounting o Management based costing o Activity Based Costing (248) 370-4288 secretary (248) 370-4275 fax Professor of Marketing Chair, Department of Management & Marketing (248) 370-4093 [email protected] Mukesh Bhargava\u2019s interests include advertising research, strategic market planning and marketing for non-profit organizations. His recent areas of research have examined out- door advertising effectiveness and new techniques (Data Envelopment Analysis) for measuring efficiency in a variety of managerial settings. Dr. Bhargava has published in the Journal of Advertising Research, Journal of the Academy of Marketing Sciences, Marketing Letters, and Journal of Business Research among others. His professional experience includes marketing research services for diverse clients such as Nestle\u2019s, Goodyear Tires, Union Carbide and the World Bank. Education University of Texas at Austin (Ph.D.) Indian Institute of Management, Ahmedabad (M.B.A.) Delhi University (B.Sc.) Specialties o Advertising effectiveness research o Marketing performance analysis o Efficiency measurement o Marketing in nonprofit organizations (248) 370-3279 secretary (248) 370-4604 fax Assistant Professor of Finance (248) 370-3277 [email protected] Matt Blasko is a specialist in Financial Economics with a focus on financial risk management, quantitative finance, asset pricing, mergers, and dividend policy. His teaching interests include International Finance, Financial Institutions, Derivatives and Financial Risk Management. He has previously taught at the University of Georgia and the International Summer School in Innsbruck, Austria. Education The University of Georgia (PhD in Finance) Univerzita Komenskeho Bratislava, Slovakia (B.A. in business) Univerzita Komenskeho Bratislava, Slovakia (M.S. in math and physics) Specialties o Financial Economics o Financial Risk Management o Value-at-Risk o Asset Pricing o Mergers o Dividend Policy (248) 370-4288 secretary (248) 370-4275 fax Professor of Management and Psychology (248) 370-3298 [email protected] Daniel N. Braunstein specializes in management decision making and the management of human resources. He is Director of the new Executive in Health Care Management. His current research interests focus on organizational factors influencing the development and utilization of information systems, decision support systems, and the provision of technology services. Related interests include comparative management decision styles, and the role of decision making in organizational change. He has published in a diverse group of journals, including Administrative Science Quarterly, Journal of Applied Psychology, Interfaces, Journal of Information Technology, Accounting Review, and Journal of Applied Business Research. He has coedited a book comparing diverse research programs on decision making. Education Purdue University (M.S. and Ph.D., Industrial/Organizational Psychology) Cornell University (B.A.) Specialties o Management decision making o Human resources management o Health care management (248) 370-3279 secretary (248) 370-4275 fax Associate Professor of Accounting (248) 370-3538 [email protected] Joseph H. Callaghan specializes in Accounting Information Systems (AIS) and employing a (Model-Oriented Tool-Enhanced) framework. His primary research areas include: reengineering legacy using CASE, evaluating risk and performance of publicly-traded equities, and performing small business valuations. He has published numerous articles in journals such as Advances in Accounting, The International Journal of Accounting, and the Multinational Business Review. He has served as a consultant for closely-held businesses in the areas of systems development, financial planning, and tax compliance. Education University of Illinois at Urbana-Champaign (Ph.D. in Accountancy) University of Detroit (J.D.-M.B.A., B.S. Accounting) Specialties o using o Capital markets research o Business valuation o Business consulting o Systems development o Financial planning o Tax planning/compliance (248) 370-4288 secretary (248) 370-4275 fax Assistant Professor of Accounting (248) 370-3509 [email protected] Anthony Cataldo has published in a variety of journals including Journal of Accountancy, Management Accounting, Strategic Finance, Accounting Historians Journal and National Tax Journal and is co-author of two monographs published by Press/Elsevier Science. His professional experience includes public accounting (tax and litigation support), government (performance auditing) and industry (division controller). His teaching interest is managerial accounting, with considerable experience in variable costing as it relates to the (retail) automotive industry. Education Virginia Polytechnic Institute and State University (Ph.D.) University of Arizona (M.Acc. and B.S.B.A.) Specialties o Managerial accounting o Variable costing (248) 370-4288 secretary (248) 370-4275 fax Assistant Professor of Marketing (248) 370-2821 [email protected] E. Vincent (\u201cVince\u201d) Carter specializes in consumer decision support systems (CDSS), ethnic consumer behavior, and innovative applications of marketing theory. His research interests are focused on the role of electronic commerce in traditional marketing systems\u2014including the formulation of new business models, interactive customer decision processes, the design of digital market interfaces, electronic technology diffusion/adoption, and the application of services marketing, relationship marketing, consumer behavior, and business ethics. Dr. Carter\u2019s articles have been published in national marketing conference proceedings such as: Academy of Marketing Science, American Society for Competitiveness, American Marketing Association, and Center for Services Marketing. His primary teaching focus is buyer behavior, marketing research, relationship marketing, and internet marketing. In addition, Dr. Carter is actively involved in community service\u2014with a particular emphasis on improving urban education and economic development. Education The George Washington University (Ph.D.) Columbia University Graduate School of Business (M.B.A.) Kettering University [formerly General Motors Institute] (B.I.A.) Specialties o Electronic commerce and consumer decision support systems (CDSS) o Ethnic markets/consumers o Services marketing o Urban education and economic development (248) 370-3279 secretary (248) 370-4275 fax Associate Professor of Economics (248) 370-3541 [email protected] Addington Coppin taught at the University of West Indies and worked as a senior economist at the Central Bank of Barbados prior to joining the faculty at Oakland in 1989. His primary teaching and research interests are in the areas of international economics, international economic development, international business, and labor economics. He is the author of over two dozen articles on socio-economic issues related to the Caribbean region. Among the journals where his research appears are The Journal of Development Studies, The Journal of Developing Areas, Social and Economic Studies, Global Development Studies, The Journal of Economic Development, The Review of Black Political Economy, The North American Review of Economics and Finance, and Economic Review. Education University of Illinois at Urbana-Champaign (Ph.D. in Economics) University of East Indies (B.Sc. in Economics and Mathematics) Specialties o International economic development o International business (248) 370-3283 secretary (248) 370-4275 fax Assistant Professor of Management Information Systems (248) 370-4089 [email protected] Xiaodong Deng\u2019s current research includes information technology (IT) innovation and learning process. Education University of Toledo (Ph.D.) Tsinghua University (P.R. China) (B.S., M.S.) Specialties o learning process (248) 370-3283 secretary (248) 370-4275 fax Professor of Accounting Chair, Department of Accounting and Finance (248) 370-4289 [email protected] Gadis J. Dillon specializes in financial accounting and reporting issues. He is also interested in issues of accounting education and relations with professional accounting organizations. Dr. Dillon has published in numerous journals, including Accounting Review, The Journal of Accountancy, and Management Accounting. He is active as a discussion leader in Continuing Professional Education courses, lecturing nation-wide for the American Institute of CPAs and various State societies. Topics include preparation and presentation of financial statements, Generally Accepted Accounting Principles, prospective financial statements, and update sessions on recent authoritative accounting pronouncements. Education University of Michigan (Ph.D.) West Virginia University (B.S., M.B.A.) Specialties o Financial accounting o Financial reporting o Generally Accepted Accounting Principles o Professional accounting organizations (248) 370-4288 secretary (248) 370-4275 fax Professor of Quantitative Methods (248) 370-4002 [email protected] David P. Doane is a software developer and co-principal investigator of several successful National Science Foundation educational grants. His current research focuses on statistical education using computers. He is a former department chair and textbook author. His most recent textbook is Visual Statistics (McGraw-Hill, 2000). His scholarly work has appeared in Journal of Statistical Education, Journal of Education for Business, Journal of Information Technology, Valuation, College Mathematics Journal, Property Tax Journal, Journal of Comparative Economics, The Justice System Journal, Michigan Law Review, The American Statistician, and Explorations in Economic History. He has served as a journal referee and consultant to health care organizations and government. He has organized and presented educational seminars for business, hospitals, and continuing education. He is an active member of and the American Statistical Association. Education Purdue University (M.S. and Ph.D., Economics) University of Kansas (B.A., Mathematics) Specialties o Applied statistics o Forecasting o Quality control (248) 370-3283 secretary (248) 370-4275 fax Professor of Economics (248) 370-2193 [email protected] Louis Esposito specializes in industrial organization, antitrust policy, government regulation, health economics and applied econometrics. His current research interests include the variation over time in U.S. advertising intensity and the economic effects of specialized accreditation in higher education. His research has been published in journals such as The Review of Economics and Statistics, The Southern Economic Journal, The Review of Industrial Organization, The Quarterly Journal of Business and Economics, The Eastern Economic Journal, The Journal of Economic Education, and The Antitrust Bulletin. He has served as a consultant to the Office of Research and Statistics, U.S. Social Security Administration, the U.S. Office of Management and Budget, and the U.S. Bureau of Commercial Fisheries. He has also served as a consultant in antitrust cases. Education Boston College (M.A. and Ph.D. in Economics) St. Peter\u2019s College (B.A. in Economics) Specialties o Industrial organization o Antitrust policy o Government regulation o Health economics o Applied econometrics (248) 370-2193 secretary (248) 370-4475 fax Professor of Finance (248) 370-4094 [email protected] Edward J. Farragher specializes in real estate and capital budgeting. His primary research is in real estate investment decision-making and capital investment analysis. Other interests include finance for the non-financial manager and executive education. He has published over forty articles in journals such as Real Estate Portfolio Management, Real Estate Review, Real Estate Finance, Real Estate Accounting and Taxation, Financial Management, The Journal of Cash Management, Management Accounting, and The Engineering Economist. Dr. Farragher has served as a consultant, expert witness, and executive educator for many business and government organizations. Education University of Illinois (Ph.D., M.S., Finance) University of Detroit (B.S., Accounting) Specialties o Real estate o Capital investment analysis o Executive education (248) 370-4288 secretary (248) 370-4604 fax Associate Professor of Operations Management (248) 370-4281 [email protected] Eugene B. Fliedner specializes in the areas of demand forecasting, operations strategy, and business logistics management. His present research interests focus on family or group forecasting systems and approaches, agile manufacturing strategies, and business logistics management. His research has been published in journals including Decision Sciences, Journal of Operations Management, Computers and Operations Research, International Journal of Production Research, Computers and Operations Research, International Journal of Production Research, European Journal of Operational Research, International Journal of Forecasting, Production and Inventory Management Journal, and Industrial Management and Data Systems. His teaching interests focus on subjects including manufacturing planning and control, project management, materials management, purchasing, and distribution. He is certified at the fellows level in production and inventory management (CFPIM) by the American Production and Inventory Control Society. Education Indiana University (D.B.A. and M.B.A.) Texan Christian University (B.B.A.) Specialties o Demand forecasting o Operations strategy o Business logistics management (248) 370-3283 secretary (248) 370-4275 fax Associate Professor of Economics (248) 370-4086 [email protected] Sherman T. Folland specializes in health economics and related microeconomic topics. Within this field, he has studied hospital economic behavior, comparative hospital efficiency, physician advertising, nuclear power plant externalities, economic models of non-profit organizations, and methodological issues of applications of frontier analysis to hospitals. During a Fulbright year, in 1993/1994, in Freiburg, Germany he studied small areas of East Bloc countries and several hundred hospital districts under Communism. He has published numerous articles in academic journals including Journal of Health Economics, Inquiry, Medical Care, Southern Economic Journal, Applied Economics, Journal of Advertising, and Medical Care Research and Review, Land Economics, Journal of Regional Sciences, and Journal of Health Politics, Policy, and Law. He and co-authors Allen Goodman and Miron Stano are contracted with Prentice Hall to bring out the 3rd edition of their textbook, The Economics of Health and Health Care in late 1999. Education The University of Iowa, Iowa City (M.A., Ph.D., Economics) Concordia College, Moorhead, Minnesota (B.A., Political Science/History) Specialties o Hospital economic behavior o Comparative hospital efficiency o Physician advertising o Nuclear power plant externalities o Small area studies o Non-profit economics (248) 370-3283 secretary (248) 370-4275 fax Professor of Economics (248) 370-3523 [email protected] Augustin K. Fosu received his Ph.D. in economics from Northwestern University in 1979 when he joined the Oakland faculty. He had previously taught for two years at Kalamazoo College. He was Visiting Associate Professor at the University of Rochester during 1992-93. His main specialties are applied econometrics, economic development, and labor economics. He has published numerous scholarly articles in several areas, including union effects on fringe benefits, international impacts on U.S. prices, labor economics of minorities and women, and economic growth in developing countries with special emphasis on Africa. His recent publications appear in such journals as: American Economic Review, Applied Economics, Economic Development and Cultural Change, Economics Letters, Industrial and Labor Relations Review, Journal of Development Studies, Journal of Labor Research, Review of Black Political Economy, Southern Economic Journal, World Development, and World Economy. Prof. Fosu\u2019s research has been supported by fellowships from both the School of Business Administration and Oakland University. He is a referee for many major academic journals. He has also served as a statistical/economics consultant locally; nationally for the Educational Testing Service, Princeton, and the National Research Council; and internationally for the African Economic Research Consortium and the African Capacity Building Foundation. Education Northwestern University (M.A. and Ph.D. in Economics) Lawrence University, Wisconsin (B.A. in Mathematics and Economics) Specialties o Applied econometrics o Economic development o Labor economics (248) 370-3283 secretary (248) 370-4275 fax C. GARDNER, SR. Dean and Professor of Accounting (248) 370-3286 [email protected] John C. Gardner, Sr. specializes in financial reporting, audit scheduling and capital structure issues. Dean Gardner has published in numerous journals including The Accounting Review, Journal of Accounting Research, Journal of Financial and Quantitative Analysis, Financial Review, Decision Science, Contemporary Accounting Research, and Accounting, Organizations and Society. Dean Gardner has taught managers internationally including in mainland China, Hungary and Romania. He has also worked on projects with several Fortune 500 firms. Education Michigan State University (M.B.A., Ph.D.) State University of New York at Albany (B.S.) Specialties o Audit scheduling o Capital budgeting o Financial reporting (248) 370-3286 secretary (248) 370-4604 fax W. HENKE, JR. Associate Professor of Marketing (248) 644-7690 [email protected] John W. Henke, Jr. held sales and marketing management positions during a 15 year period with several firms, including the Corporation, Data Processing Division, and the Automotive Division of General Automation, an international manufacturer of automated industrial processes, prior to joining the academic community. He has continued his association with the business world as a researcher and consultant in the area of business-to-business marketing in manufacturing industries. His specialty and primary area of research and consulting is buyer-supplier relationships of manufacturing firms from the perspective of both the manufacturer and the supplier, as well as the development and implementation of competitive, customer, and supplier intelligence systems. These activities and others have resulted in publications in the Sloan Management Review, Business Horizons, Journal of Product Innovation Management, Systemica, Systems Research, Industrial Marketing Management, International Journal of Purchasing and Materials Management, Journal of Marketing for Higher Education, and Journal of Marketing Education. He has also given numerous presentations throughout the United States and Europe on a variety of business-to-business marketing and purchasing-related topics. Professor Henke\u2019s consulting clients include the Black & Decker Corporation, DaimlerChrysler Corporation, Compaq Computer Corporation, Delphi Automotive Systems, Ford Motor Company, and General Motors Corporation. Education Michigan State University (M.B.A. and Ph.D. in Marketing) Cornell University (M.S. in Radiological Physics) Eastern Michigan University (B.A. in Physics) Specialties o Business-to-business sales and marketing in manufacturing firms o Business-to-business marketing research o Buyer-supplier relationships o Sales/marketing structure design and systems in manufacturing firms o Competitive, customer, and supplier intelligence systems (248) 370-3279 secretary (248) 644-7488 fax Professor of Finance (248) 370-2432 [email protected] Ronald M. Horwitz specializes in financial management and hospital health-care finance. He is also a CPA. His research is in hospital financial management and reimbursements, hospital audit committees, and financial institutions. He has published numerous articles in journals such as Healthcare Financial Management, The Accounting Review and The Michigan CPA. He is recognized as an expert on hospital Medicare and Michigan Blue Cross reimbursement. He has lectured widely and presented professional development seminars on these topics and hospital finance, in general. He currently serves on the boards of United American Healthcare Corp. (OTC),and Providence Hospital and Medical Centers (Southfield, MI. He is also a member of the Finance Committee of Ascension Health (St. Louis). Education Michigan State University (Ph.D.) Wayne State University (B.S., M.B.A.) Specialties o Hospital finance o Medicare hospital reimbursement o Michigan Blue Cross hospital reimbursement o Hospital financial management o Board financial committees (248) 370-4288 secretary (248) 370-4275 fax Assistant Professor of Management Information Systems (248) 370-3296 [email protected] Mark Isken specializes in the development and application of management science based models and information technology to healthcare systems. His research interests include personnel scheduling models, capacity planning models and decision support systems. His professional experience includes operations analysis positions with William Beaumont Hospital and Henry Ford Health System. Education University of Michigan (B.S.E., M.S.E., Ph.D. in Industrial and Operations Engineering) Specialties o Computer simulation o Decision support systems o Operations research/management science modeling of healthcare systems (248) 370-3283 secretary (248) 370-4275 fax Professor of Economics (248) 370-3524 [email protected] Oded Izraeli has published numerous scholarly articles in journals such as: Journal of Urban Economics, Journal of Regional Science, Urban Studies, Regional Studies, Journal of Environmental Economics and Management, Economic Development and Cultural Change, Transport Economic and Policy, Logistics and Transportation Review, and the Annals of Regional Science. His areas of interest are urban and regional economics, state and local public finance, environmental economics and labor economics. His current research interests include work on interstate differences in state and local revenues, trade-off between environment quality and jobs, interstate equity implications of the 1986 tax reform, the effect of state governor party affiliation on state economic performance, convergence in state per capita income and the comparison of the impact of the environment on earnings and housing values overtime. Some of these research projects have already been published in journals such as Growth and Change, Environmental, Planning A, and Public Finance Review. Education University of Chicago (M.A., Ph.D. in Economics) Hebrew University (B.A. in Economics and Statistics) Specialties o Urban and regional economics o State and local public finance o Environmental economics o Labor economics (248) 370-3283 secretary (248) 370-4275 fax Visting Instructor of Economics (248) 370-2505 [email protected] David Kalist received his Ph.D. in economics from Wayne State University. During that time, he served as a project manager/research associate for a large government funded substance abuse study. His research interests are in the fields of labor and health economics. He currently is examining the supply determinants of registered nurses. Education Wayne State University (Ph.D., Economics) Walsh College (M.S., Finance) Oakland University (B.S., Finance) Specialties o Labor economics o Health economics (248) 370-3283 secretary (248) 370-4275 fax Associate Professor of Marketing (248) 370-3297 [email protected] John Kim specializes in marketing research, advertising strategy, and consumer behavior. His primary research is in consumer decision making and advertising efficiency. His current interests also include brand equity. Dr. Kim has published numerous articles in journals such as Journal of Marketing Research, Journal of Consumer Research, Journal of Business Research, Journal of Academy of Marketing Science, Journal of Business-to- Business Marketing, and Journal of Consumer Psychology. He has made presentations at the American Marketing Association and Association for Consumer Research conferences. He has organized and chaired the conference for the Society of Consumer Psychology. Education University of Cincinnati (Ph.D.) University of Toledo (M.B.A.) The University of Akron (B.A.) Specialties o Marketing research o Consumer behavior (248) 370-3279 secretary (248) 370-4275 fax Professor of Management Information Systems (248) 370-3278 [email protected] Thomas W. Lauer has taught and conducted research on a variety of subjects. Some of his research has concerned the use of questions in the acquisition of information by systems analysts, auditors, and during problem solving, software project managers perception of risk, graphical perception, and decision support systems. Dr. Lauer was the co-editor of a book entitled Questions and Information Systems published by Lawrence Erlbaum and Associates. His research has appeared in Quarterly, The British Accounting Review, Behavior and Information Technology, Discourse Processes, and Journal of Information Technology. He has developed and taught a number of courses for undergraduates, graduates, and industry including: Business and Process Reengineering, Systems Analysis using tools, and the Management of the Function. Dr. Lauer has received a number of grants including funding from: Texas Instruments, the National Council on Automated Information Retrieval, EDS, Inc., and the David E. Lattanze Center for Information Systems Research. The most notable of these concerned the use of tools in the classroom. Dr. Lauer has also conducted training seminars for Ameritech and Comerica Bank and consulted extensively in both the public and private sectors. Education Indiana University (B.A., M.B.A., Ph.D. in MIS) University of New Mexico (M.A. in Public Administration) Specialties o Business process reengineering o Use of software productivity tools o Software project management risk (248) 370-3283 secretary (248) 370-4275 fax Assistant Professor of Management (248) 370-4976 [email protected] Yong-Shik Lee is a specialist in international trade and business law. He has published several articles in leading academic journals including Journal of World Trade and World Competition. Before joining the faculty at Oakland University, he served the Ministry of Foreign Affairs of Trade of the Republic of Korea where he advised the government on the international legal issues, including international trade. He was also engaged in private practice, advising individuals and companies on international trade and investment. He has conducted academic research at various leading institutions including University of California at Berkeley, School of Law, Georgetown University, School of Law, and the International Law Institute in Washington, D.C. He is a member of the State Bars of California and North Carolina, a solicitor of the Supreme Court of England and Wales, and a member of the Korean Commercial Arbitration Board. Education University of Cambridge, England (M.A., B.A., in law) University of California at Berkeley (B.A., in economics) Specialties o International trade and investment o Business law (248) 370-3279 secretary (248) 370-4275 fax Visiting Assistant Professor of Management (248) 370-4981 [email protected] Karen Markel specializes in the areas of organizational behavior and human resource management. Her research focuses on organizational adoption of work-family practices and the experiences of injured workers. She has published in a variety of journals including the Journal of Occupational Health Psychology, Journal of Applied Psychology and Journal of Vocational Behavior. Her research has also been presented at various conferences including the Academy of Management and the Industrial Relations Research Association. Education Michigan State University (Ph.D. expected 2001) State University of New York at Buffalo (M.A.) Washington University in St. Louis (B.S.B.A.) Specialties o Work-family conflict and human resource practices o Diversity management o Disability management (248) 370-3279 secretary (248) 370-4275 fax Associate Professor of Management Information Systems (248) 370-3507 [email protected] Kieran Mathieson has both behavioral and technical research interest. On the behavioral side, he studies how individuals form beliefs about information systems, and how they apply those beliefs in deciding whether to voluntarily use information systems. On the technical side, he is interested in the development of graphical user interface (GUI) and client/server systems. His work has appeared in Information Systems Research, Information Management, Data Base, and other journals. Dr. Mathieson is currently developing Visual Statistics software for applied statistics education, supported by the National Science Foundation. He also works with industry on GUI/client-server education. Education Indiana University (M.B.A., Ph.D.) University of Queensland (Master of I.S.) North Brisbane College of Advanced Education (B.Bus.) Specialties o Formation of beliefs about o Predicting voluntary use of o application development o Commerce o Web marketing (248) 370-3283 secretary (248) 370-4275 fax Associate Professor of Management (248) 370-3238 [email protected] Don Mayer specializes in business ethics, international law, and environmental law. His recent research focus has been on individual, corporate, and governmental actions that adversely affect the natural environment. Dr. Mayer has published work on free trade and the environment, teaching environmental law and policy, and environmental ethics. His work has appeared in journals such as the American Business Law Journal, Business Ethics Quarterly, Journal of Business Ethics, Journal of Legal Studies Education, South Carolina Law Review, Business and Economic Review, Journal of the Academy of Marketing Science, and The Business and Society Review. His article in \u201cInstitutionalizing Overconsumption\u201d was included in The Business of Consumption: Environmental Ethics and the Global Economy. He recently completed a MacArthur Foundation grant study on \u201cRestraints on Gasoline Consumption: U.S. Automakers\u2019 Perceptions and Responses.\u201d His article, \u201cArbitration and letters of credit,\u201d was reprinted in the 1998 Annual Survey on Letter of Credit Law. He currently serves as chair of the business ethics section of the Academy of Legal Studies in Business, and is a member of the International Society for Environmental Ethics and the Society for Business Ethics. Education Georgetown University (LL.M.) Duke University (J.D.) Kenyon College (A.B.) Specialties o Business ethics o Environmental law o International law o Arbitration (248) 370-3279 secretary (248) 370-4275 fax Assistant Professor of Management (248) 370-2833 [email protected] Cynthia E. Miree\u2019s research focuses on competitive intelligence and specifically explores how the process can be used by organizations to facilitate the coordination of strategic and tactical intelligence in the sales and marketing functions. She has also served as a subject matter expert for a benchmarking study conducted by the American Productivity and Quality Center and published in the Journal of Small Business Stragegy and Competitive Intelligence Review. Cynthia Miree has worked in the sales area for Parke Davis and Merck Sharpe and Dohme. She has also worked at Aetna Life and Casualty. She is a member of the Academy of Management and the Strategic Management Society. Education University of Pittsburgh (Ph.D. in Business Administration) Florida University (M.B.A. and B.S.) Specialties o Competitive intelligence o Organizational Coordination o Organizational Theory (248) 370-3279 secretary (248) 370-4275 fax Associate Professor of Economics (248) 370-4087 [email protected] Nivedita Mukherji specializes in macroeconomic and monetary economic theories. Her research interests include issues related to optimal monetary policies under uncertainty, effects of monetary policies on investment, financial intermediation, asymmetric information and monetary policy, complex dynamics, economic growth and finite versus infinite horizon optimization. She has published and has articles forthcoming in journals such as: The International Economic Review, Journal of Macroeconomics, Annals of Regional Science, Quarterly Review of Economics and Finance, Journal of Economics and Business, Atlantic Economics Journal. She has also presented her research in several national conferences. Education Virginia Tech (M.A., Ph.D.) Calcutta University (B.Sc.) Specialties o Monetary policy o Financial intermediation o Monetary policy under uncertainty o Asymmetric information and macroeconomic policies o Economic growth (248) 370-3283 secretary (248) 370-4275 fax Professor of Finance (248) 370-2125 [email protected] J. Austin Murphy specializes in investments across the globe. His primary expertise is in security valuation (stocks, bonds, mortgages, and derivatives), portfolio management, refinancing and international investment. He has published over 50 articles in journals such as the Journal of Banking and Finance, Journal of Financial Research, Financial Management, Financial Review, Applied Financial Economics, American Journal of Agricultural Economics, Southern Economic Journal, Journal of International Financial Markets, Institutions of Money, International Review of Economics and Finance, and Journal of East-West Business. He is the author of three books including Research Solutions to the Financial Problems at Depository Institutions and Scientific Investment Analysis. He has served as a visiting scholar to the Federal Home Loan Board (FHLB) and as a Fulbright Scholar in Germany. (He is fluent in German.) He has developed expert financial software for evaluation of many different investments (including stocks, convertibles, callable debts, mortgage derivatives and entire portfolios). Education University of Georgia (Ph.D.) American Graduate School of International Management (Master in International Management) Emory University (B.B.A.) Specialties o International investment o Debt and credit analysis o Portfolio management (248) 370-4288 secretary (248) 370-4275 fax Professor of Economics (248) 370-3294 [email protected] Kevin J. Murphy specializes in the areas of labor economics and econometrics. His current research interests include labor contracting, payroll tax incidence, the effect of industrial diversity on state economies and economic convergence in the United States. His scholarly work has appeared in journals such as: Southern Economic Journal, Economic Inquiry, Review of Economics and Statistics, Industrial and Labor Relations Review, Journal of Regional Science, and the Journal of Macroeconomics. He consults locally on Act 312 Arbitrations and has conducted econometric analyses for private sector firms. His research has been supported by the U.S. Department of Labor and he held a Fulbright Fellowship to the National University of Ireland. Education Michigan State University (B.A., M.A., and Ph.D. in Economics) Specialties o Labor economics o Econometrics (248) 370-3283 secretary (248) 370-4275 fax Associate Professor of Accounting (248) 370-3288 [email protected] Kevin Nathan specializes in mergers and acquisitions, and corporate control issues. His primary research is in merger offer premia and their determinants. Other interests include leveraged recapitalizations and greenmail. He has published in the Journal of Financial Economics, Journal of Accounting and Public Policy, Financial Review and Mergers and Acquisitions. Dr. Nathan has served as a staff editor for the American Business Law Journal. Education University of Oregon (Ph.D.) Case Western Reserve University (J.D.) London School of Economics (B.Sc., Economics) Specialties o Mergers and acquisitions o Corporate control (248) 370-4288 secretary (248) 370-4275 fax Professor of Marketing and International Business (248) 370-3299 [email protected] Ravi Parameswaran specializes in the areas of marketing measurements, consumption behavior phenomena, international marketing with special emphasis on the consequences of the country-of-origin construct, and decision support and expert systems. His current research interest include: object oriented and modeling, covariance structure analyses, dimensionality, and structural equations\u2019 modeling in the context of country-of- origin measurements, consumer involve- ment, international business theories pertaining to the globalization of markets, prototype development and simulation in the context of global financial reporting, measurement of service equity as it relates to university images, vital organ transplantation and country and organization cultures through decision and expert systems. Dr. Parameswaran has published numerous articles in journals such as the Journal of Marketing Research, Journal of Advertising, Journal of International Business Studies, Journal of the Academy of Marketing Science, Global Finance Journal, Simulation, Journal of International Information Management, the Journal of Marketing Education, the Journal for Teaching in International Business, and the Journal of Marketing for Higher Education. He has consulted with several organizations large and small in fields such as marketing, advertising, strategies and research including developing and implementing new and effective methodologies. Education Georgia State University (Masters in Business InformationSystems, Ph.D., Marketing) American Graduate School of International Management (Master of International Management) Bombay University (B.S. Physics and Mathematics) Specialties o Marketing research and information systems o Marketing measurements o Consumption behavior phenomena o Brand and service equity o Vital organ transplantation o International management & international marketing o Country-of-origin studies o Simulation o Management information systems, decision o support and expert systems (248) 370-3279 secretary (248) 370-4275 fax Associate Professor of Accounting (248) 370-4361 [email protected] Mohinder Parkash specializes in financial reporting standards and disclosure issues. Other interests include financial statement analysis and effects of accounting choices on it. Dr. Parkash has published in journals including The Accounting Review, Accounting Horizon, Research in Accounting Regulation, Journal of Business Research, and the Journal of Business Finance and Accounting. Education University of Arizona (Ph.D.) Eastern Michigan University (M.S. in Accounting) Punjab University, India (M.A. Honors) Specialties o Financial reporting standards o Disclosure issues o Financial statement analysis & accounting choices (248) 370-4288 secretary (248) 370-4275 fax Professor of Accounting Associate Dean, School of Business Administration (248) 370-2124 [email protected] Eileen Peacock has published in a variety of journals including the British Accounting Review, Journal of International Accounting, Auditing and Taxation, Management Accounting and Journal of Cost Management and is co-editor of a book, Questions and Information Systems. The receipt of a grant to introduce an information engineering approach to the teaching of accounting information systems has led to interest in the curriculum issues in accounting systems. Her teaching interest are in managerial accounting, activity based costing and strategic cost management and she has worked with the Institute of Management Accountants in corporate academic relations. Education University of Birmingham, England (Ph.D.) University of Oklahoma (M.Acc.) Loughborough University of Technology (B.Tech.) Specialties o Managerial accounting o Activity based costing and management (248) 370-2957 secretary (248) 370-4275 fax Associate Professor of Accounting (248) 370-3276 [email protected] Sandra Pelfrey specializes in financial accounting and governmental and not-for-profit accounting issues. She has written a text on basic healthcare accounting for the non- financial manager. She is a and has been employed as a senior auditor by an international public accounting firm, in addition to serving as the controller of a large urban hospital located in the midwest. Ms. Pelfrey has published in numerous journals including Journal of Accountancy, The Journal, Healthcare Financial Management, Journal of Nursing Administration, and Internal Auditing. She is the treasurer of the Women\u2019s Survival Center of Pontiac. Education Wright State University (M.B.A.) University of Dayton (B.S.) Specialties o Financial reporting issues o Governmental accounting issues o Not-for-profit accounting (248) 370-4288 secretary (248) 370-4275 fax Associate Professor of Marketing (248) 370-3540 [email protected] Ram Mohan Pisharodi specializes in the areas of marketing logistics, distribution channel management, and international marketing. His current research interests include distribution customer service, relationship marketing, the selection of transportation carriers, and reverse logistics. His methodological interests include structural equations, modeling and script-theoretic modeling. Dr. Pisharodi has published articles in various logistics and marketing journals including the Journal of Business Logistics, International Journal of Physical Distribution and Logistics Management, Logistics and Transportation Review, Journal of Transportation Management, and Journal of Advertising. His conceptual work and research findings have been presented in detail in textbooks and training manuals in the area of logistics. Dr. Pisharodi has also reviewed articles and books for numerous conferences and journals. He is an active member of the American Marketing Association, the Council of Logistics Management, the Academy of Marketing Science, the Association for Consumer Research, and the Marketing Management Association. Dr. Pisharodi has worked on research and planning projects with several companies including DaimlerChrysler Corporation. Education University of Tennessee (Ph.D.) University of Western Ontario (M.B.A.) Panjab University (M.B.A.) Specialties o Logistics o Distribution management o Reverse logistics o Reverse distribution o Country-of-Origin perceptions o Script-theoretic modeling o Transportation selection (248) 370-3279 secretary (248) 370-4275 fax Assistant Professor of Management Information Systems (248) 370-4958 [email protected] Balaji Rajagopalan specializes in the areas of artificial intelligence based decision support, diffusion of information technology innovations, and electronic commerce. He has published in several journals and presented his research at national and international conferences. Dr. Rajagopalan has served as the minitrack chair at the Americas Conference on Information Systems for the last four years. He is currently serving as the guest editor for the International Journal of Accounting, Finance and Management. Education University of Memphis (M.S., Ph.D.) Andhra University (B.E.) Specialties o based decision support o Diffusion of information technology innovations o Ecommerce Professor of Economics (248) 370-3537 [email protected] Anandi P. Sahu has concentrated his research efforts in three fields: macroeconomics, monetary theory and finance. Dr. Sahu has published numerous articles in scholarly and professional outlets. His journal publications include articles in Southern Economic Journal, Financial Services Review, Quarterly Journal of Business and Economics, Review of Business and Economic Research, Eastern Economic Journal, Journal of Economics and Finance, Journal of Applied Business Research, and Public Finance Quarterly. He is also co-editor of two books on public policy: The Economic Legacy of Reagan Years: Euphoria or Chaos? (Praeger Publishers, 1991) and Defense Spending and Economic Growth (Westview Press, 1993). Education Washington University \u2013 St. Louis (A.M. and Ph.D. in Economics) Delhi School of Economics (M.A. in Economics) Specialties o Fiscal and monetary policies o Financial markets o Financial institutions o Investments & portfolio management o Privatization in government (248) 370-3283 secretary (248) 370-4604 fax Assistant Professor of Accounting (248) 370-4307 [email protected] Arline Savage specializes in teaching Accounting Information Systems, employing a Model-Oriented, Tool-Enhanced (MOTE) framework. She also teaches in the areas of financial accounting, auditing and managerial finance, and has actively participated in the training of accounting professions in Canada and South Africa. Primary research areas include: accounting information systems, stock market seasonal anomalies, and corporate social and environmental disclosure. She has published articles in journals in the United States, South Africa and the United Kingdom, and is the co-author of an Advanced Financial Accounting textbook (Canada), and a monograph on Stock Market Seasonal Anomalies (U.S.). Work experience includes extensive public also worked extensively as a consultant in private accounting and auditing practice, and financial management, industrial accounting and internal auditing experience in the motor industry. She has industry. Education University of Port Elizabeth, South Africa, (Ph.D.M. Comm., B. Comm. Honors) Chartered Accountant (South Africa) Specialties o Accounting information systems o Business process reengineering o Systems analysis and design using o Corporate environmental disclosure (248) 370-4288 secretary (248) 370-4275 fax Professor of Organizational Behavior (248) 370-2122 or (248) 684-5345 [email protected] Howard S. Schwartz specializes in the psychoanalytic theory of organizations. His areas of research interest have included work on obligation as a form of work motivation, the psychodynamics of organizational culture, totalitarianism, political correctness, and narcissistic degeneration in work organizations. He is currently interested in the psychodynamics of postmodern organization. He has published articles in such journals as The Academy of Management Review, Human Relations, The Journal of Applied Behavioral Science, and Administration and Society and is the author of Narcissistic Process and Corporate Decay: The Theory of the Organization Ideal, published by New York University Press. Dr. Schwartz was a founding member of the International Society for the Psychoanalytic Study of Organizations and is a member of the Executive Board of the Standing Conference on Organizational Symbolism. He recently served as a faculty intern at the DaimlerChrysler Corporation. Education Cornell University (Ph.D.) Antioch College (B.A., UCSD, M.A.) Specialties o Organizational transformation and change (248) 370-3279 secretary (248) 370-4275 fax Assistant Professor of Management Information Systems (248) 370-2832 [email protected] Kristina Setzekorn is interested in Information Technology\u2019s (IT) effects on industry and firm efficiency, structure, learning, decision rights and incentives. Her research projects involve electronic commerce strategy, knowledge management, and interorganizational information systems. Her dissertation studies the productivity implications of architecture\u2019s alignment with business strategy and market context, using survey data from the Global Manufacturing Research Group. Education Southern Illinois University at Carbondale (D.B.A.) Southern Illinois University at Edwardsville (M.B.A.) Iowa State University (B.S.) Specialties o Electronic commerce, IOIS, and supply chain linkages o strategy and value o IT\u2019s effects on industry and firm efficiency, structure, learning, decision rights and incentives (248) 370-3283 secretary (248) 370-4275 fax Assistant Professor of Management Information Systems (248) 370-4088 [email protected] Srinarayan Sharma specializes in analysis and redesign of business processes using information technology including internet for efficient and effective utilization of organizational resources. His major interests are in the areas of business-to-business and business-to-consumer electronic commerce, knowledge management, and adoption, implementation, and utilization of information technology. Other interests include delivery of information systems, infrastructure development, data modeling and database management, and use of organizational learning for better management of information. He has published in Communications of the ACM, Information Systems Journal, and International Journal of Computer Applications in Technology and numerous national conferences. He has done consulting for automobile, information technology, and retail companies. Education Southern Illinois University at Carbondale (M.S., D.B.A.) Indian School of Mines, India (B. Tech) Specialties o Process analysis and design o Electronic commerce o Knowledge management (248) 370-3283 secretary (248) 370-4275 fax Special Instructor of Accounting (248) 370-2121 [email protected] David D. Sidaway specializes in financial accounting and auditing issues. He combines 20 years of professional accounting and academic study to assist public accountants reduce their engagement risk and increase their engagement efficiency. He wrote Audit Sampler, a text describing the various types of sampling available to auditors and related computer sampling programs, as well as, Notes to Financial Statements: Accounting, Reporting and Analysis, a text describing the information content of notes to financial statements and related computer analytic programs. Mr. Sidaway also serves as a discussion leader on various accounting and audit topics for CPAs. Education Ohio State University (B.B.A., M.Acc.) Specialties o Audit sampling o Analytical procedures o Audit procedures o Audit risk o Financial statement analysis o Financial statement reporting o Review procedures o Audit and review efficiency (248) 370-4288 secretary (248) 370-4275 fax Assistant Professor of Management (248) 370-3295 [email protected] Mark Simon specializes in the area of strategic management. His current research examines risk taking, proactive behavior and entrepreneurship. Related areas include market pioneering, information processing and decision making. He has published papers in the Journal of Business Venturing. In addition, he has authored a teaching case that was included in Strategic Management: Formulation, Implementation, and Control. Education Georgia State University (Ph.D.) Babson College (B.S.) Specialties o Proactive firm behavior o Decision making o Cognitive heuristics and biases (248) 370-3279 secretary (248) 370-4275 fax Professor of Economics and Management Chair, Department of Economics (248) 370-3291 [email protected] Miron Stano conducts research in managed care, the professional services markets and cost evaluation. His research has been supported by the Health Care Financing Administration, the Health Resources Services Administration, and the Michigan Health Care Education and Research Foundation. In 1981, his article, \u201cIndividual Health Accounts: An Alternative Health Care Financing Approach,\u201d (Health Care Financing Review) introduced the concept of medical savings accounts. Other publications include: The Economics of Health and Health Care,3rd edition (Prentice Hall, 2000) co-authored with S. Folland and A. Goodman, and many article in journals such as Bell Journal of Economics, Southern Economic Journal, Journal of Health Economics, Journal of Human Resources, Medical Care, Inquiry, Health Policy, American Journal of Managed Care, and Journal of Health Policy, Politics and Law. Dr. Stano is Associate Editor of the American Journal of Managed Care and has served as a research consultant to various organizations including Blue Cross and Blue Shield of Michigan, Wayne State University\u2019s School of Medicine, and the U.S. General Accounting Office. He has also served as an expert witness in antitrust cases involving the health care professions. Education Cornell University (M.A. and Ph.D.) McGill University (B. Commerce) Specialties o Managed care o Health system reform o Health care evaluation/cost effectiveness o Professional services markets (248) 370-3283 secretary (248) 370-4275 fax Assistant Professor of Management Information Systems (248) 370-2831 [email protected] Vijayan Sugumaran specializes in database management systems, object-oriented databases, object-oriented programming, and intelligent information systems. His research interests are in the areas of knowledge-based systems, domain modeling and software reuse, intelligent agent technology, web database, data warehousing and data mining, and electronic commerce applications. His recent papers have appeared (or forthcoming) in journals such as Communications of the ACM, Data Base, Industrial Management and Data Systems, Automated Software Engineering, Expert Systems: The International Journal of Knowledge Engineering and Neural Network, Journal of Network and Computer Applications. Dr. Sugumaran has also presented his research results in various national and international conferences including the International Conference on Information Systems. Education George Mason University (Ph.D.) University of Alaska-Fairbanks (M.S.) Indian School of Mines (B.Tech.) Specialties o Database management systems o Object-oriented design and programming o Knowledge-based systems o Domain modeling and software reuse o Intelligent agents o Ecommerce and web applications (248) 370-3283 secretary (248) 370-4275 fax Professor of Director of Applied Technology in Business Program Co-director, Center for Entrepreneurship in Information Technology (248) 370-4649 [email protected] Mohan Tanniru's research interests are in the areas of systems development methodology, decision support, expert/knowledge based systems, and information technology/systems planning. He has published over 75 articles in various journals Quarterly, Communication of ACM, Decision Sciences, etc.) books and conference proceedings, and has presented at various national and international conferences. He also directed over 60 projects that explored technologies and methodologies such as management in a global arena, business process reengineering, building a learning oriented organization, object oriented development, CASE, expert systems bench- marking, sales force automation, and decision modeling. He was a consultant to Proctor & Gamble Pharmaceuticals, Carrier-UTC, Bristol Myers Squibb, and Tata Consultancy Service of (largest software firm in South Asia). He is a member of SIM, DSI, ACM, and organizations. Education Northwestern University, Evanston, Illinois (Ph.D.) University of Wisconsin and in Engineering) Regional Engineering College, India in Engineering) Specialties o Strategy and Process Redesign o Knowledge-Based Systems and Management (248) 370-3284 secretary (248) 370-3292 fax Associate Professor of Economics (248) 370-3514 [email protected] Ronald L. Tracy came to Oakland University from a faculty position at Southern Illinois University. He was Chair of the Department of Economics from 1985 until 1993. His research interest include econometric methodology, time series analysis and applied economics. He has published in the area of statistical theory, demography and macroeconomics. His publications have appeared in such journals as the Journal of Macroeconomics, Southern Economic Journal, and the Journal of Economic Development. In addition, he has recently co-edited a book entitled The Economic Legacy of the Reagan Years: Euphoria or Chaos? His research has been supported by Oakland University Research Fellowships and other university grants. His research is currently being supported by a National Science Foundation grant to study how computer can be used to teach business statistics effectively. Education Michigan State University (B.A. in Mathematics with honors, M.S., in Economics and Ph.D. in Economics with fields in Econometrics, Monetary Theory and Policy) Specialties o Econometric methodology o Time series analysis o Applied economics (248) 370-3283 secretary (248) 370-4275 fax Visiting Assistant Professor of Management (248) 370-2838 [email protected] Catherine Tyler has published in a variety of journals, including the Journal of Applied Psychology, as well as presenting work at national and international conferences. She has also co-authored several book chapters including The Handbook of Multi-Source Feedback. Research interests include performance appraisal, multi-source performance appraisal, groups in organizations, international human resource management, and management pedagogy. She has taught a wide variety of courses, including Human Resource Management, Organizational Behavior, Organizational Development, and Business Strategy. Education Florida Atlantic University (Ph.D. candidate) University of South Florida (M.B.A.) Earlham College (B.A.) Specialties o Performance Appraisal o Multisource Performance Appraisal o Organizational Change (248) 370-3279 secretary (248) 370-4275 fax Professor of Operations Management Chair, Department of Decision Information Sciences (248) 370-4284 [email protected] T.J. Wharton specializes in the areas of manufacturing process improvement, total quality management, and problem formulation. His current research includes work on manufacturing practices that enhance process improvement. He has published and presented numerous papers in the above area as well as in areas of statistical process control, and flexibility and automation in manufacturing. Dr. Wharton is past chair of the Operations Management Division of the Academy of Management. He has also been active in the Decision Sciences Institute and the Educational Society for Resource Management (APICS). Education University of Minnesota (B.S., M.B.A., Ph.D.) Specialties o Manufacturing process improvement o Total quality management o Problem formulation (248) 370-3283 secretary (248) 370-4604 fax Associate Professor of Management (248) 370-3290 [email protected] Floyd G. Willoughby specializes in helping and training organizations in all phases of the strategic management process from formulating vision and mission statements to implementation and evaluation of strategies. He has conducted field experiments of new products for manufacturing businesses and done feasibility studies for service organizations. Dr. Willoughby actively consults with manufacturing and service businesses in the for-profit sector and with charities, associations and other non-profit businesses. His greatest interest is in the competitive positioning of organizations so that they may maximize profitability. Education Michigan State University (Ph.D., Management, M.B.A.,Personnel) Olivet College (B.A., Science and Mathematics) Kellogg Community College (Associates Degree in Accounting) Specialties o Strategic management processes o Competitive positioning o Internal and external assessment o Strategic feasibility studies o Strategic management evaluation (248) 370-3279 secretary (248) 370-4275 fax Associate Professor of Management (248) 370-3272 [email protected] Kenneth M. York specializes in the application of behavioral and quantitative decision theory to evaluating incidents of possible sexual harassment in the workplace, and the creation of experiential learning exercises for development of management skills. His current research focuses on measurement methods in human resources management and the application of total quality management methods to human resources management processes. He has consulted on Equal Employment Opportunity cases, and published articles in the Academy of Management Journal, Organizational Behavior and Human Decision Processes, Organizational Behavior Teaching Review, Journal of Management Education, and Employee Responsibilities and Rights Journal. Education Bowling Green State University (M.A., Ph.D. in Industrial/Organizational Psychology) College of St. Scholastica (B.A.) Specialties o Equal employment opportunity o Sexual harassment o Total quality management o Assessment centers (248) 370-3279 secretary (248) 370-4275 fax"} |
8,904 | Mohammad Chaichi | California State Polytechnic University - Pomona | [] | {} |
7,322 | William Daniel Perdue | Eastern Washington University | [
"7322_101.pdf",
"7322_102.pdf"
] | {"7322_101.pdf": "Suit Claims Ewu Prof Assaulted Student Woman Seeks Damages From Sociology Teacher And University Fri., March 27, 1998 By Adam Lynn [email protected] former Eastern Washington University student who claims a respected professor sexually assaulted her is suing him and the school. April Strader, who graduated with honors in 1996, filed a civil lawsuit this week in Spokane County Superior Court. She is seeking unspecified damages from and William Daniel Perdue, a former sociology professor at the university. Strader maintains in the suit that Perdue got her drunk at an off-campus bar in March 1996, then sexually assaulted her for several hours. He denies the charges. She was taking a class from Perdue at the time, and he also was acting as her \u201cmentor and adviser,\u201d according to the suit. He asked her to go with him to the Ramada Inn lounge near Spokane International Airport so they could talk about her classes and work at the college newspaper, the suit states. Strader claims she is suffering \u201ceconomic, physical and emotional damages as a result of the mental distress she has experienced.\u201d Washington Idaho > Menu Search News Sports Business Weather 2/21/25, 6:49 Suit Claims Ewu Prof Assaulted Student Woman Seeks Damages From Sociology Teacher And University 1/4 In May 1996, sheriff\u2019s detectives investigated her complaints, as well as those of another student who claimed Perdue fondled her. Prosecutors determined there was not enough evidence to charge him with a crime. Perdue\u2019s attorney, Carl Hueber of Spokane, said his client passed a lie-detector test as part of that investigation. Soon after, Perdue negotiated an early retirement from the university, which included a two-year leave of absence without pay. Perdue, who had taught at the Cheney school since 1969 and had been honored as a teacher and author, was forbidden from returning to campus as part of the agreement. Strader says her constitutional rights were violated because Perdue\u2019s actions amounted to sex discrimination. The university has a duty to protect its students from such discrimination, the suit contends. On Thursday, Hueber called the suit a last-ditch effort by Strader to get money. Perdue and rejected a claim for damages filed by her in July 1996. \u201cAllegations of sexual misconduct coupled with monetary claims are easily made,\u201d he said. \u201cThere are two sides to every story. Dr. Perdue looks forward to telling his side in a courtroom and is confident he will be fully exonerated.\u201d Perdue, 54, also intends to counter-sue for defamation, Hueber said spokeswoman Stefanie Pettit said university policy prohibits her from commenting. \u201cThere are some things I\u2019d like to say, but can\u2019t at this time,\u201d she said. , DataTimes Local journalism is essential. Give directly to The Spokesman-Review's Northwest Passages community forums series -- which helps to offset the costs of several reporter and editor positions at the newspaper -- by using the easy options below. Gifts processed in this system are not tax deductible, but 2/21/25, 6:49 Suit Claims Ewu Prof Assaulted Student Woman Seeks Damages From Sociology Teacher And University 2/4 are predominately used to help meet the local financial requirements needed to receive national matching-grant funds. Subscribe now to get breaking news alerts in your email inbox Get breaking news delivered to your inbox as it happens. Sign up Active Person 2/21/25, 6:49 Suit Claims Ewu Prof Assaulted Student Woman Seeks Damages From Sociology Teacher And University 3/4 Statewide and regional programs supporting rural behavioral health in Washington state Access to mental health care provides essential intervention for those in need of support, especially when care is localized and culturally relevant. \u00a9 Copyright 2016,The Spokesman-Review 2/21/25, 6:49 Suit Claims Ewu Prof Assaulted Student Woman Seeks Damages From Sociology Teacher And University 4/4", "7322_102.pdf": "Professor Won\u2019t Be Charged With Sexual Assault Ewu Instructor Accused By Two Women Of Forcing Himself On Them Off Campus Fri., May 31, 1996 By Adam Lynn [email protected] An Eastern Washington University professor accused of sexually assaulting two students will not be charged with a crime. There is not enough evidence to bring charges against William Daniel Perdue, a sociology professor, Spokane County Deputy Prosecutor Dawn Cortez said in a written statement Thursday. Two women complained to university police last month that Perdue forced himself on them sexually during separate incidents in March and April. Both incidents occurred off campus. One woman said Perdue had intercourse with her against her will, said Lt. Tom McGill of the university police. The other claimed Perdue fondled her, McGill said. Both women said they had been drinking at the time. Neither woman reported the incidents at the time they occurred, and neither had a sexual assault examination, Cortez said in her statement. Sheriff\u2019s detectives who investigated the accusations didn\u2019t believe there was probable cause to charge Perdue, who was never arrested, Cortez added. Washington Idaho > Menu Search News Sports Business Weather 2/21/25, 6:49 Professor Won't Be Charged With Sexual Assault Ewu Instructor Accused By Two Women Of Forcing Himself On Them Off Campus 1/4 After nearly three weeks of review, prosecutors agreed. \u201c\u2026 The state would be required to prove that Professor Perdue either had sexual intercourse or sexual contact with the women by forcible compulsion, or while each was incapacitated (unconscious) through intoxication,\u201d Cortez wrote. Further details of the case have not been made public. The names of the women have not been released by authorities. At least one of them was taking a class from Perdue at the time of the alleged misconduct, according to Dale Lindekugel, sociology department chairman. Perdue on Thursday referred questions to his attorney, Carl Hueber, who issued a written statement in which he praised the prosecutor\u2019s decision trust that one of the factors in their decision was the fact that Dr. Perdue voluntarily took and passed a polygraph examination,\u201d Hueber stated. Hueber also stated his client would cooperate with any university inquiry into the case spokeswoman Stefanie Pettit said Thursday that Edmund Yarwood, dean of the College of Letters, Arts and Social Sciences, now will review the matter. \u201cIt\u2019s his call as to whether there may be some cause to pursue this internally,\u201d Pettit said. Perdue, 52 and a professor at Eastern since 1969, has voluntarily agreed to stay off campus until Yarwood decides what to do, she said. His classes are being taught by other professors. Perdue, who makes about $51,000 per year, is still being paid. , DataTimes Local journalism is essential. Give directly to The Spokesman-Review's Northwest Passages community forums series -- which helps to offset the costs of several reporter and editor positions at the newspaper -- by using the easy options below. Gifts processed in this system are not tax deductible, but 2/21/25, 6:49 Professor Won't Be Charged With Sexual Assault Ewu Instructor Accused By Two Women Of Forcing Himself On Them Off Campus 2/4 are predominately used to help meet the local financial requirements needed to receive national matching-grant funds. Subscribe now to get breaking news alerts in your email inbox Get breaking news delivered to your inbox as it happens. Sign up Active Person 2/21/25, 6:49 Professor Won't Be Charged With Sexual Assault Ewu Instructor Accused By Two Women Of Forcing Himself On Them Off Campus 3/4 Statewide and regional programs supporting rural behavioral health in Washington state Access to mental health care provides essential intervention for those in need of support, especially when care is localized and culturally relevant. \u00a9 Copyright 2016,The Spokesman-Review 2/21/25, 6:49 Professor Won't Be Charged With Sexual Assault Ewu Instructor Accused By Two Women Of Forcing Himself On Them Off Campus 4/4"} |
8,397 | Sinisa Urban | Johns Hopkins University | [
"8397_101.pdf",
"8397_102.pdf",
"8397_103.pdf"
] | {"8397_101.pdf": "By By and and UPDATED: UPDATED: August 30, 2019 at 7:52 August 30, 2019 at 7:52 In a decisive move, Johns Hopkins University In a decisive move, Johns Hopkins University drove out two drove out two professors this summer professors this summer for violating sexual misconduct policies \u2014 for violating sexual misconduct policies \u2014 and did not let them go quietly. An email sent to their departments and did not let them go quietly. An email sent to their departments named both men and and made clear why they were leaving. named both men and and made clear why they were leaving. Hopkins ensured the allegations would not go unnoticed, a rare Hopkins ensured the allegations would not go unnoticed, a rare occurrence in the cloistered academic world where violators often occurrence in the cloistered academic world where violators often have been allowed to slink away with little fanfare to other jobs. have been allowed to slink away with little fanfare to other jobs. The action shows how universities in Maryland and nationally are The action shows how universities in Maryland and nationally are sometimes responding more forcefully to reports of sexual assault, sometimes responding more forcefully to reports of sexual assault, often spurred by student activism. often spurred by student activism Here\u2019s what happened when Here\u2019s what happened when Maryland students forced Maryland students forced colleges to confront sexual colleges to confront sexual assault assault Loading your audio article Loading your audio article 2/21/25, 6:50 Here\u2019s what happened when Maryland students forced colleges to confront sexual assault \u2013 Baltimore Sun 1/10 \u201cWe\u2019re absolutely seeing more schools be willing to do \u201cWe\u2019re absolutely seeing more schools be willing to do investigations against professors,\u201d said Tanyka Barber, an associate investigations against professors,\u201d said Tanyka Barber, an associate with Consulting, which works with colleges on such issues. with Consulting, which works with colleges on such issues. \u201cWith MeToo and TimesUp, they have no choice but to at least do \u201cWith MeToo and TimesUp, they have no choice but to at least do the investigation, whereas in the past they may have been less the investigation, whereas in the past they may have been less likely to even do that.\u201d likely to even do that.\u201d But while activists who rallied on Hopkins and other campuses in But while activists who rallied on Hopkins and other campuses in Maryland agree some progress has been made, they believe Maryland agree some progress has been made, they believe universities are still moving too slowly and leaving students universities are still moving too slowly and leaving students vulnerable as administrators catch up to a changing culture. vulnerable as administrators catch up to a changing culture. \u201cIt\u2019s been such a difficult and such an important struggle,\u201d said \u201cIt\u2019s been such a difficult and such an important struggle,\u201d said Heba Islam, a Hopkins graduate student Heba Islam, a Hopkins graduate student who says the university who says the university took more than a year took more than a year to dismiss a professor who she saw grabbing to dismiss a professor who she saw grabbing a student in a bar in May 2018. a student in a bar in May 2018. The Hopkins action in July followed accusations last year of The Hopkins action in July followed accusations last year of sexual sexual misconduct at the University of Maryland Medical Center misconduct at the University of Maryland Medical Center, where , where staff and faculty described an intolerable work environment in the staff and faculty described an intolerable work environment in the vascular surgery department that drove women away. And the vascular surgery department that drove women away. And the University of Maryland, Baltimore County is now defending itself University of Maryland, Baltimore County is now defending itself in a lawsuit in a lawsuit filed on behalf of students who allege that Baltimore filed on behalf of students who allege that Baltimore County Police and university authorities intimidated and deceived County Police and university authorities intimidated and deceived them in an attempt to cover up credible accounts of sexual assault. them in an attempt to cover up credible accounts of sexual assault. At each of these institutions, students and staff have raised their At each of these institutions, students and staff have raised their voices to demand change. voices to demand change. More reporting More reporting 2/21/25, 6:50 Here\u2019s what happened when Maryland students forced colleges to confront sexual assault \u2013 Baltimore Sun 2/10 Even before the MeToo movement began two years ago, Maryland\u2019s Even before the MeToo movement began two years ago, Maryland\u2019s colleges and universities say they were getting more complaints of colleges and universities say they were getting more complaints of sexual assault and harassment, an increase they attribute to their sexual assault and harassment, an increase they attribute to their efforts to focus on the problem. They have trained staff, faculty efforts to focus on the problem. They have trained staff, faculty and students about what is inappropriate behavior, where to go for and students about what is inappropriate behavior, where to go for counseling and how to report cases of sexual harassment and counseling and how to report cases of sexual harassment and assault. assault. Higher education institutions are required to file reports of sexual Higher education institutions are required to file reports of sexual assault and harassment on campuses Maryland Higher assault and harassment on campuses Maryland Higher Education Commission analysis reported a statewide annual Education Commission analysis reported a statewide annual average of 1,344 incidents for 2017 and 2018, a 27 percent increase average of 1,344 incidents for 2017 and 2018, a 27 percent increase over 2016. About three incidents a year are being reported for over 2016. About three incidents a year are being reported for every 1,000 undergraduate and graduate students in the state\u2019s 48 every 1,000 undergraduate and graduate students in the state\u2019s 48 private, public and community colleges. private, public and community colleges. Only about a third of the incidents were reported by the victims, Only about a third of the incidents were reported by the victims, with many more being reported by employees who are required with many more being reported by employees who are required under law to report incidents when a student or staff member under law to report incidents when a student or staff member confides in them. confides in them. When students were victims, the vast majority \u2014 70 percent \u2014 When students were victims, the vast majority \u2014 70 percent \u2014 were offered counseling and health services, the commission\u2019s were offered counseling and health services, the commission\u2019s report said. report said. Despite these steps, students say institutional responses still fall Despite these steps, students say institutional responses still fall short. short. Broken trust in Baltimore Broken trust in Baltimore Critics at Hopkins say the cases involving the two professors Critics at Hopkins say the cases involving the two professors dragged on for months and were resolved only after petitions and dragged on for months and were resolved only after petitions and protests. The university counters that it must maintain high protests. The university counters that it must maintain high standards for investigations. standards for investigations. 2/21/25, 6:50 Here\u2019s what happened when Maryland students forced colleges to confront sexual assault \u2013 Baltimore Sun 3/10 Less high profile cases also can languish in bureaucracy, Hopkins Less high profile cases also can languish in bureaucracy, Hopkins students say. Last year, the school revealed that a website problem students say. Last year, the school revealed that a website problem resulted in officials misplacing more than a dozen reports that resulted in officials misplacing more than a dozen reports that students had attempted to file online over two years. students had attempted to file online over two years. Kennedy McDaniel, 22, says she was sexually assaulted in a Kennedy McDaniel, 22, says she was sexually assaulted in a Hopkins dorm room in the summer of 2015, after her freshman Hopkins dorm room in the summer of 2015, after her freshman year. The man who assaulted her, she says, enrolled in one of her year. The man who assaulted her, she says, enrolled in one of her classes in the fall. classes in the fall didn\u2019t want to be in that kind of space when was trying to get an didn\u2019t want to be in that kind of space when was trying to get an education,\u201d she said. That\u2019s when she reported the assault, she education,\u201d she said. That\u2019s when she reported the assault, she said. said. She didn\u2019t hear back for two years. It seemed to her like the She didn\u2019t hear back for two years. It seemed to her like the university had determined her assault didn\u2019t matter. She felt naive university had determined her assault didn\u2019t matter. She felt naive for assuming she would get help or that the person who assaulted for assuming she would get help or that the person who assaulted her would face consequences. her would face consequences. Then, in the winter of 2018, she got an email from university Then, in the winter of 2018, she got an email from university officials apologizing for misplacing her report and offering to help. officials apologizing for misplacing her report and offering to help. \u201cFor me, it was like, years have gone by,\u201d McDaniel said. \u201cFor them \u201cFor me, it was like, years have gone by,\u201d McDaniel said. \u201cFor them to even bring it up years later, it just brought me back to this to even bring it up years later, it just brought me back to this stressful, emotional place understand there are website glitches. stressful, emotional place understand there are website glitches. But when it comes to sexual misconduct, for you to lose 18 cases is But when it comes to sexual misconduct, for you to lose 18 cases is horrifying.\u201d horrifying.\u201d Hopkins says all the cases have since been addressed. Hopkins says all the cases have since been addressed. Other women at Hopkins say their cases have been marked by Other women at Hopkins say their cases have been marked by delay, even without a website blunder to blame. delay, even without a website blunder to blame. Of the 148 cases closed in 2017 \u2014 including those first reported in Of the 148 cases closed in 2017 \u2014 including those first reported in 2016 \u2014 the average time to close was 128 days, 2016 \u2014 the average time to close was 128 days, according to according to university data university data. School policy aims for 60 days. . School policy aims for 60 days. 2/21/25, 6:50 Here\u2019s what happened when Maryland students forced colleges to confront sexual assault \u2013 Baltimore Sun 4/10 University officials say they continue to strive to meet that goal. University officials say they continue to strive to meet that goal. \u201cThe timeliness of investigations and disposition of complaints is a \u201cThe timeliness of investigations and disposition of complaints is a key component of a strong climate,\u201d spokeswoman Karen key component of a strong climate,\u201d spokeswoman Karen Lancaster said in a statement. Lancaster said in a statement. It took roughly a year and a half for Hopkins to resolve Madelynn It took roughly a year and a half for Hopkins to resolve Madelynn Wellons\u2019 report of being sexually assaulted by another student in Wellons\u2019 report of being sexually assaulted by another student in 2016. Her experience launched her activism on behalf of other 2016. Her experience launched her activism on behalf of other sexual assault survivors. sexual assault survivors. Throughout her ordeal, she says, she found university officials to Throughout her ordeal, she says, she found university officials to be unresponsive and slow. She frequently had to be the one be unresponsive and slow. She frequently had to be the one reaching out for information. In many ways, she says the process reaching out for information. In many ways, she says the process was re-traumatizing. On one occasion, she says an investigator was re-traumatizing. On one occasion, she says an investigator instructed her to re-enact the assault. instructed her to re-enact the assault. For those months between reporting and resolution, she checked For those months between reporting and resolution, she checked her email constantly, desperate for news on her case. her email constantly, desperate for news on her case. \u201cIt was horrible,\u201d she said. \u201cKnowing that every week had this \u201cIt was horrible,\u201d she said. \u201cKnowing that every week had this hanging over my head, that had to be the one checking in, had to hanging over my head, that had to be the one checking in, had to make an active choice to re-remember what happened because make an active choice to re-remember what happened because wanted justice.\u201d wanted justice.\u201d More than 100 Hopkins students rallied on campus last winter to More than 100 Hopkins students rallied on campus last winter to criticize the university\u2019s Office of Institutional Equity for what they criticize the university\u2019s Office of Institutional Equity for what they saw as weak investigations and delayed responses to accusations of saw as weak investigations and delayed responses to accusations of assault and harassment. assault and harassment university spokeswoman said the university has added staff in university spokeswoman said the university has added staff in the office that receives and investigates the reports, cleared a the office that receives and investigates the reports, cleared a backlog of pending cases and introduced new protocols. backlog of pending cases and introduced new protocols. 2/21/25, 6:50 Here\u2019s what happened when Maryland students forced colleges to confront sexual assault \u2013 Baltimore Sun 5/10 \u201cThe university heard the concerns of our community about these \u201cThe university heard the concerns of our community about these issues and undertook an initiative to streamline our process, issues and undertook an initiative to streamline our process, reduce wait times, and improve communications,\u201d Karen reduce wait times, and improve communications,\u201d Karen Lancaster wrote in a statement. \u201cThese efforts are already Lancaster wrote in a statement. \u201cThese efforts are already beginning to show positive results.\u201d beginning to show positive results President Freeman A. Hrabowski responds to student demands after they President Freeman A. Hrabowski responds to student demands after they marched on the administration building. The students were protesting after a marched on the administration building. The students were protesting after a lawsuit alleged that the university and Baltimore County covered up complaints of lawsuit alleged that the university and Baltimore County covered up complaints of sexual assault. sexual assault President Freeman A. Hrabowski responds to student President Freeman A. Hrabowski responds to student demands after they marched on the administration building. The demands after they marched on the administration building. The students were protesting after a lawsuit alleged that the university students were protesting after a lawsuit alleged that the university and Baltimore County covered up complaints of sexual assault. and Baltimore County covered up complaints of sexual assault. From anger, progress From anger, progress Eleven miles southwest of Hopkins\u2019 Homewood campus, Eleven miles southwest of Hopkins\u2019 Homewood campus, student student protesters stormed the administration building protesters stormed the administration building in in Catonsville last September to confront University President Catonsville last September to confront University President Freeman Hrabowski about a lawsuit claiming the school covered Freeman Hrabowski about a lawsuit claiming the school covered up complaints of sexual assault. The students demanded the up complaints of sexual assault. The students demanded the administration take action. administration take action. Autumn Cook was among the students who met with Autumn Cook was among the students who met with administrators to work on changes. She says they were responsive. administrators to work on changes. She says they were responsive. For instance, every student and staff identification badge now For instance, every student and staff identification badge now includes phone numbers for police, health services, the counseling includes phone numbers for police, health services, the counseling center, a national suicide hotline and a hotline for sexual assault center, a national suicide hotline and a hotline for sexual assault and violence. and violence. Students also recommended in-depth sexual assault prevention Students also recommended in-depth sexual assault prevention training. As a result, beginning last December 3,000 faculty, staff, training. As a result, beginning last December 3,000 faculty, staff, graduate assistants, student leaders, and residential assistants graduate assistants, student leaders, and residential assistants were assigned to mandatory, in-person training. The university were assigned to mandatory, in-person training. The university also added two new staff positions to provide more support for also added two new staff positions to provide more support for students and do prevention education. students and do prevention education. 2/21/25, 6:50 Here\u2019s what happened when Maryland students forced colleges to confront sexual assault \u2013 Baltimore Sun 6/10 think what has happened here is a broad and deep process of think what has happened here is a broad and deep process of working together as a campus community to review and assess our working together as a campus community to review and assess our processes and what is working well and what could be working processes and what is working well and what could be working better,\u201d said Lisa Akchin, an associate vice president and assistant better,\u201d said Lisa Akchin, an associate vice president and assistant to the president. to the president. The sexual misconduct issue has also struck a chord in the medical The sexual misconduct issue has also struck a chord in the medical community, where activists have put their own spin on the rallying community, where activists have put their own spin on the rallying cry: #MeTooMedicine civil suit filed by former research cry: #MeTooMedicine civil suit filed by former research coordinator Carly Goldstein against the University of Maryland, coordinator Carly Goldstein against the University of Maryland, Baltimore and its medical school alleges she was sexually harassed Baltimore and its medical school alleges she was sexually harassed and assaulted over a three-year period by a prominent vascular and assaulted over a three-year period by a prominent vascular surgeon she reported to. surgeon she reported to. An An investigation by The Baltimore Sun investigation by The Baltimore Sun found that three other found that three other women complained to the university about Dr. Robert Crawford\u2019s women complained to the university about Dr. Robert Crawford\u2019s behavior, saying he harassed them or other women and that behavior, saying he harassed them or other women and that superiors failed to take action. Those women and three others superiors failed to take action. Those women and three others described an atmosphere where inappropriate comments were described an atmosphere where inappropriate comments were accepted as part of the male-dominated vascular surgery accepted as part of the male-dominated vascular surgery department. Two female surgeons told The Sun they eventually left department. Two female surgeons told The Sun they eventually left because of the climate. Crawford left the university in 2017 and because of the climate. Crawford left the university in 2017 and later declined to comment through his lawyer. later declined to comment through his lawyer. UMB, which has seen a 50 percent increase in complaints in the UMB, which has seen a 50 percent increase in complaints in the past couple of years, created a task force that has spent months past couple of years, created a task force that has spent months looking at what changes the university might make to change the looking at what changes the university might make to change the culture of the institution, said Susan Buskirk, deputy culture of the institution, said Susan Buskirk, deputy accountability officer. Buskirk said there is no date for the task accountability officer. Buskirk said there is no date for the task force to complete its work but said it would be months not years. force to complete its work but said it would be months not years. 2/21/25, 6:50 Here\u2019s what happened when Maryland students forced colleges to confront sexual assault \u2013 Baltimore Sun 7/10 While sexual assault is a clear violation of policies, more subtle While sexual assault is a clear violation of policies, more subtle behaviors also adversely affect the environment in medical behaviors also adversely affect the environment in medical institutions and research labs, said Kyle Cavagnini, a Hopkins institutions and research labs, said Kyle Cavagnini, a Hopkins graduate student in biological chemistry. The American graduate student in biological chemistry. The American Association of Medical Colleges now recognizes that a whole host Association of Medical Colleges now recognizes that a whole host of behaviors \u2014 such as publicly humiliating a graduate student or of behaviors \u2014 such as publicly humiliating a graduate student or requiring them to do favors \u2014 also qualify as mistreatment and requiring them to do favors \u2014 also qualify as mistreatment and abuse. Students working in the field often feel isolated in research abuse. Students working in the field often feel isolated in research silos and unable to fight back, he said. silos and unable to fight back, he said. \u201cThese types of behaviors, micro-aggressions or outright \u201cThese types of behaviors, micro-aggressions or outright discrimination, contribute to that loss of talent. It is endemic discrimination, contribute to that loss of talent. It is endemic within science and it is something that absolutely needs to within science and it is something that absolutely needs to change,\u201d Cavagnini said. The Hopkins community has had a much change,\u201d Cavagnini said. The Hopkins community has had a much more \u201cvigorous\u201d conversation about sexual assault and more \u201cvigorous\u201d conversation about sexual assault and mistreatment in recent years that he believes will help treat the mistreatment in recent years that he believes will help treat the problem. problem national problem national problem At schools across the country, similar stories are unfolding. At schools across the country, similar stories are unfolding. Universities are grappling with how to ensure due process for the Universities are grappling with how to ensure due process for the accused and justice for the victim. U.S. Education Secretary Betsy accused and justice for the victim. U.S. Education Secretary Betsy DeVos proposed last year a sweeping revision of regulations for DeVos proposed last year a sweeping revision of regulations for colleges under Title IX, the law prohibiting sex discrimination in colleges under Title IX, the law prohibiting sex discrimination in federally funded educational programs. federally funded educational programs. The rules would, if finalized, allow for cross-examination at The rules would, if finalized, allow for cross-examination at hearings and a higher standard of evidence in sexual misconduct hearings and a higher standard of evidence in sexual misconduct cases. cases. 2/21/25, 6:50 Here\u2019s what happened when Maryland students forced colleges to confront sexual assault \u2013 Baltimore Sun 8/10 DeVos\u2019 office was inundated with comments on the proposed DeVos\u2019 office was inundated with comments on the proposed regulations, including from schools in the Baltimore region. Many regulations, including from schools in the Baltimore region. Many advocates for sexual assault survivors view the draft rules as a advocates for sexual assault survivors view the draft rules as a devastating step backward, while those in support of DeVos\u2019 devastating step backward, while those in support of DeVos\u2019 proposed changes see them as a way to better protect the wrongly proposed changes see them as a way to better protect the wrongly accused. accused. \u201cJohns Hopkins University objects strongly to the Department\u2019s \u201cJohns Hopkins University objects strongly to the Department\u2019s proposed requirement for live hearings,\u201d officials wrote in a letter proposed requirement for live hearings,\u201d officials wrote in a letter to the administration. \u201cIf the Department remains insistent that to the administration. \u201cIf the Department remains insistent that live hearings must be a part of the grievance process for Title live hearings must be a part of the grievance process for Title cases, we strongly urge that live questioning with cross- cases, we strongly urge that live questioning with cross- examination by advisors should be prohibited.\u201d Many advocates examination by advisors should be prohibited.\u201d Many advocates believe the threat of cross-examination will intimidate victims and believe the threat of cross-examination will intimidate victims and deter them from coming forward. deter them from coming forward. Meanwhile, universities across the country are drafting policies Meanwhile, universities across the country are drafting policies aimed at limiting relationships between staff and students, aimed at limiting relationships between staff and students, recognizing the potential danger posed by inherent power recognizing the potential danger posed by inherent power differentials. differentials. Hopkins issued a personal relationships policy Hopkins issued a personal relationships policy, effective July 1, , effective July 1, which prohibits faculty and staff \u201cfrom having academic or which prohibits faculty and staff \u201cfrom having academic or professional influence over a trainee with whom they have a professional influence over a trainee with whom they have a personal relationship.\u201d Relationships between faculty and personal relationship.\u201d Relationships between faculty and undergraduate students are not permitted at all. undergraduate students are not permitted at all. \u201cWhere one individual has power over another individual, freely \u201cWhere one individual has power over another individual, freely given consent may be illusory,\u201d the policy states. given consent may be illusory,\u201d the policy states. In 2017, roughly one-third of sexual misconducts reports at In 2017, roughly one-third of sexual misconducts reports at Hopkins were made against faculty and staff members, according Hopkins were made against faculty and staff members, according to a university report. to a university report. 2/21/25, 6:50 Here\u2019s what happened when Maryland students forced colleges to confront sexual assault \u2013 Baltimore Sun 9/10 2019 2019 \ue907 \ue907August August \ue907 \ue90727 27 Originally Published: Originally Published: August 27, 2019 at 11:41 August 27, 2019 at 11:41 Michigan State professor has since 2016 methodically Michigan State professor has since 2016 methodically assembled assembled a database a database of nearly 1,000 publicly documented cases of sexual of nearly 1,000 publicly documented cases of sexual misconduct by faculty, staff and administrators. The professor, misconduct by faculty, staff and administrators. The professor, Julie Libarkin, has already updated it to include the two Hopkins Julie Libarkin, has already updated it to include the two Hopkins professors: Juan Obarrio, who was fired, and Sinisa Urban, who professors: Juan Obarrio, who was fired, and Sinisa Urban, who resigned under pressure from the university. Neither could be resigned under pressure from the university. Neither could be reached by The Sun for comment. reached by The Sun for comment. \u201cInstitutions don\u2019t tend to ever announce this stuff,\u201d Libarkin said. \u201cInstitutions don\u2019t tend to ever announce this stuff,\u201d Libarkin said. \u201cOnly a tiny percentage of cases get into the media or the court or \u201cOnly a tiny percentage of cases get into the media or the court or the public view.\u201d the public view.\u201d Libarkin sees campus activism as the way to disrupt campus Libarkin sees campus activism as the way to disrupt campus cultures that have long failed victims of sexual misconduct. cultures that have long failed victims of sexual misconduct. \u201cVictims and survivors are the ones who have to push institutions \u201cVictims and survivors are the ones who have to push institutions to think about how they have to change,\u201d she said. to think about how they have to change,\u201d she said. 2/21/25, 6:50 Here\u2019s what happened when Maryland students forced colleges to confront sexual assault \u2013 Baltimore Sun 10/10", "8397_102.pdf": "By By UPDATED: UPDATED: July 25, 2019 at 9:30 July 25, 2019 at 9:30 Karl Merton Ferron/Baltimore Sun Karl Merton Ferron/Baltimore Sun Johns Hopkins University campus Johns Hopkins University campus Tenured Johns Hopkins Tenured Johns Hopkins professor resigns after school professor resigns after school finds he violated sexual finds he violated sexual misconduct policy misconduct policy 2/21/25, 6:52 Tenured Johns Hopkins professor resigns after school finds he violated sexual misconduct policy \u2013 Baltimore Sun 1/5 tenured professor of molecular biology and genetics at the Johns tenured professor of molecular biology and genetics at the Johns Hopkins School of Medicine resigned under pressure after the Hopkins School of Medicine resigned under pressure after the university found he violated university sexual misconduct policy. university found he violated university sexual misconduct policy. The professor was identified as Dr. Sinisa Urban in an email, The professor was identified as Dr. Sinisa Urban in an email, obtained by The Baltimore Sun, that was sent to the department obtained by The Baltimore Sun, that was sent to the department earlier this month by Carol Greider, director of the Department of earlier this month by Carol Greider, director of the Department of Molecular Biology and Genetics. Molecular Biology and Genetics. He also was named by Kyle Cavagnini, president of the graduate He also was named by Kyle Cavagnini, president of the graduate student association for the past academic year, and a source with student association for the past academic year, and a source with knowledge of the situation. Cavagnini, a graduate student within knowledge of the situation. Cavagnini, a graduate student within the department of biological chemistry was involved in discussions the department of biological chemistry was involved in discussions between the university and students after a complaint was filed between the university and students after a complaint was filed last fall against Urban. last fall against Urban. Urban is one of two Hopkins professors who left after being Urban is one of two Hopkins professors who left after being investigated for sexual misconduct, joining investigated for sexual misconduct, joining Juan Obarrio, who was Juan Obarrio, who was terminated after his tenure was revoked last week. terminated after his tenure was revoked last week. In an internal In an internal letter obtained by The Sun, the university\u2019s top officials said two letter obtained by The Sun, the university\u2019s top officials said two professors were investigated by the Office of Institutional Equity professors were investigated by the Office of Institutional Equity and found to have been involved in conduct that violated and found to have been involved in conduct that violated university sexual misconduct policy. university sexual misconduct policy. Neither Urban nor Obarrio was named in that letter separate Neither Urban nor Obarrio was named in that letter separate email, also obtained by The Sun, sent to the anthropology email, also obtained by The Sun, sent to the anthropology department identified Obarrio. department identified Obarrio. Urban did not return phone calls seeking comment Thursday. His Urban did not return phone calls seeking comment Thursday. His Facebook and Linkedin pages are not operating, and all references Facebook and Linkedin pages are not operating, and all references and contact information have been expunged from Johns Hopkins and contact information have been expunged from Johns Hopkins websites and directories. websites and directories. 2/21/25, 6:52 Tenured Johns Hopkins professor resigns after school finds he violated sexual misconduct policy \u2013 Baltimore Sun 2/5 The internal letter written by Hopkins officials, including Paul The internal letter written by Hopkins officials, including Paul Rothman, the of Johns Hopkins Medicine, said that one of Rothman, the of Johns Hopkins Medicine, said that one of those professors who recently departed \u201cwas a full professor in the those professors who recently departed \u201cwas a full professor in the School of Medicine who resigned of his own accord following a School of Medicine who resigned of his own accord following a recommendation of termination by the advisory board of the recommendation of termination by the advisory board of the medical faculty, the dean of the School of Medicine, and the medical faculty, the dean of the School of Medicine, and the provost. The faculty member was found to have engaged in sexual provost. The faculty member was found to have engaged in sexual harassment of a student, abusive and bullying behavior toward harassment of a student, abusive and bullying behavior toward trainees, and other inappropriate behaviors.\u201d trainees, and other inappropriate behaviors.\u201d Cavagnini said the graduate student association helped the process Cavagnini said the graduate student association helped the process by \u201chaving an ear or acting more as a go-between to get clarity on by \u201chaving an ear or acting more as a go-between to get clarity on the investigation and disciplinary procedures.\u201d the investigation and disciplinary procedures.\u201d The second professor, Obarrio, was an anthropology professor who The second professor, Obarrio, was an anthropology professor who was fired by the Johns Hopkins University\u2019s Board of Trustees after was fired by the Johns Hopkins University\u2019s Board of Trustees after an investigation determined he violated the school\u2019s sexual an investigation determined he violated the school\u2019s sexual misconduct policy. Obarrio\u2019s tenure was revoked and his faculty misconduct policy. Obarrio\u2019s tenure was revoked and his faculty appointment terminated. Student activists have been appointment terminated. Student activists have been calling for calling for him to be fired him to be fired after multiple people told university officials they after multiple people told university officials they witnessed an incident between him and a visiting graduate student witnessed an incident between him and a visiting graduate student in a Baltimore bar last year. in a Baltimore bar last year. Urban was born in Croatia and earned a undergraduate degree at Urban was born in Croatia and earned a undergraduate degree at the University of Alberta and a doctorate from the University of the University of Alberta and a doctorate from the University of Cambridge. He worked at the Harvard University Medical School Cambridge. He worked at the Harvard University Medical School before being recruited to Hopkins in 2006, according to before being recruited to Hopkins in 2006, according to information on a website describing his research. information on a website describing his research. In her email, Greider said Urban resigned just before the board of In her email, Greider said Urban resigned just before the board of trustees was about to vote on a recommendation to terminate him. trustees was about to vote on a recommendation to terminate him. In addition to violating the university\u2019s sexual misconduct policy, In addition to violating the university\u2019s sexual misconduct policy, Urban was found to have violated the school\u2019s guidelines for Urban was found to have violated the school\u2019s guidelines for conduct in teacher/learner relationships and the medical school\u2019s conduct in teacher/learner relationships and the medical school\u2019s Code of Professional Conduct for Faculty, Greider wrote. Code of Professional Conduct for Faculty, Greider wrote. 2/21/25, 6:52 Tenured Johns Hopkins professor resigns after school finds he violated sexual misconduct policy \u2013 Baltimore Sun 3/5 Originally Published: Originally Published: July 25, 2019 at 11:00 July 25, 2019 at 11:00 She went on to say that \u201cwe all need to be mindful of how we treat She went on to say that \u201cwe all need to be mindful of how we treat each other in all working relationships. We are committed to each other in all working relationships. We are committed to helping to change the culture so that together we can help create a helping to change the culture so that together we can help create a positive environment for our students, post-docs, faculty, and staff. positive environment for our students, post-docs, faculty, and staff. \u201c\u201c Greider\u2019s letter also gave staff and students phone numbers and Greider\u2019s letter also gave staff and students phone numbers and links to file a formal complaint to the university or to make an links to file a formal complaint to the university or to make an anonymous tip. anonymous tip. Cavagnini said Hopkins acted swiftly once the complaint had been Cavagnini said Hopkins acted swiftly once the complaint had been filed in the fall determination was made by spring, a timetable filed in the fall determination was made by spring, a timetable he described as \u201cunheard of in academia.\u201d he described as \u201cunheard of in academia.\u201d \u201cHopkins has put significant personnel and financial resources \u201cHopkins has put significant personnel and financial resources into building up its infrastructure for harassment cases over the into building up its infrastructure for harassment cases over the past few years,\u201d he said, adding that student associations had given past few years,\u201d he said, adding that student associations had given their input. \u201cThere is of course further work to do \u2026 but think their input. \u201cThere is of course further work to do \u2026 but think they deserve credit on this one especially in context to what passes they deserve credit on this one especially in context to what passes for common practice at other institutions.\u201d for common practice at other institutions.\u201d Cavagnini said he hoped that recent steps taken by the National Cavagnini said he hoped that recent steps taken by the National Institutes of Health and the National Academies of Science, Institutes of Health and the National Academies of Science, Engineering and Medicine would help stem the incidents of sexual Engineering and Medicine would help stem the incidents of sexual harassment. harassment. The National Academies report, released in June 2018, said sexual The National Academies report, released in June 2018, said sexual harassment of women in academic sciences and medicine does harassment of women in academic sciences and medicine does damage to research integrity, limits careers and causes the loss of damage to research integrity, limits careers and causes the loss of talent in the field. Institutions should take steps to prevent a talent in the field. Institutions should take steps to prevent a culture of gender harassment, the report said. The National culture of gender harassment, the report said. The National Institutes of Health has convened a work group to look at sexual Institutes of Health has convened a work group to look at sexual harassment in science. harassment in science. 2/21/25, 6:52 Tenured Johns Hopkins professor resigns after school finds he violated sexual misconduct policy \u2013 Baltimore Sun 4/5 2019 2019 \ue907 \ue907July July \ue907 \ue90725 25 2/21/25, 6:52 Tenured Johns Hopkins professor resigns after school finds he violated sexual misconduct policy \u2013 Baltimore Sun 5/5", "8397_103.pdf": "Johns Hopkins professor resigns after school finds he violated sexual misconduct policy By Liz Bowie tenured professor of molecular biology and genetics at the Johns Hopkins School of Medicine resigned under pressure after the university found he violated university sexual misconduct policy. The professor was identified as Dr. Sinisa Urban in an email, obtained by The Baltimore Sun, that was sent to the department earlier this month by Carol Greider, director of the Department of Molecular Biology and Genetics. He also was named by Kyle Cavagnini, president of the graduate student association for the past academic year, and a source with knowledge of the situation. Cavagnini, a graduate student within the department of biological chemistry was involved in discussions between the university and students after a complaint was filed last fall against Urban. Urban is one of two Hopkins professors who left after being investigated for sexual misconduct, joining Juan Obarrio, who was terminated after his tenure was revoked last week. In an internal letter obtained by The Sun, the university\u2019s top officials said two professors were investigated by the Office of Institutional Equity and found to have been involved in conduct that violated university sexual misconduct policy. Neither Urban nor Obarrio was named in that letter separate email, also obtained by The Sun, sent to the anthropology department identified Obarrio. Urban did not return phone calls seeking comment Thursday. His Facebook and LinkedIn pages are not operating, and all references and contact information have been expunged from Johns Hopkins websites and directories. 2/21/25, 6:53 Johns Hopkins professor resigns after school finds he violated sexual misconduct policy - Baltimore Sun 1/3 The internal letter written by Hopkins officials, including Paul Rothman, the of Johns Hopkins Medicine, said one of those professors who recently departed \u201cwas a full professor in the School of Medicine who resigned of his own accord following a recommendation of termination by the advisory board of the medical faculty, the dean of the School of Medicine, and the provost. The faculty member was found to have engaged in sexual harassment of a student, abusive and bullying behavior toward trainees, and other inappropriate behaviors.\u201d Cavagnini said the graduate student association helped the process by \u201chaving an ear or acting more as a go-between to get clarity on the investigation and disciplinary procedures.\u201d The second professor, Obarrio, was an anthropology professor who was fired by the Johns Hopkins University\u2019s Board of Trustees after an investigation determined he violated the school\u2019s sexual misconduct policy. Obarrio\u2019s tenure was revoked and his faculty appointment terminated. Student activists have been calling for him to be fired after multiple people told university officials they witnessed an incident between him and a visiting graduate student in a Baltimore bar last year. Urban was born in Croatia and earned a undergraduate degree at the University of Alberta and a doctorate from the University of Cambridge. He worked at the Harvard University Medical School before being recruited to Hopkins in 2006, according to information on a website describing his research. In her email, Greider said Urban resigned just before the board of trustees was about to vote on a recommendation to terminate him. In addition to violating the university\u2019s sexual misconduct policy, Urban was found to have violated the school\u2019s guidelines for conduct in teacher/learner relationships and the medical school\u2019s Code of Professional Conduct for Faculty, Greider wrote. She went on to say that \u201cwe all need to be mindful of how we treat each other in all working relationships. We are committed to helping to change the culture so that together we can help create a positive environment for our students, post-docs, faculty, and staff. \u201d 2/21/25, 6:53 Johns Hopkins professor resigns after school finds he violated sexual misconduct policy - Baltimore Sun 2/3 Greider\u2019s letter also gave staff and students phone numbers and links to file a formal complaint to the university or to make an anonymous tip. Cavagnini said Hopkins acted swiftly once the complaint had been filed in the fall determination was made by spring, a timetable he described as \u201cunheard of in academia.\u201d \u201cHopkins has put significant personnel and financial resources into building up its infrastructure for harassment cases over the past few years,\u201d he said, adding that student associations had given their input. \u201cThere is of course further work to do ... but think they deserve credit on this one especially in context to what passes for common practice at other institutions.\u201d Cavagnini said he hoped that recent steps taken by the National Institutes of Health and the National Academies of Science, Engineering and Medicine would help stem the incidents of sexual harassment. The National Academies report, released in June 2018, said sexual harassment of women in academic sciences and medicine does damage to research integrity, limits careers and causes the loss of talent in the field. Institutions should take steps to prevent a culture of gender harassment, the report said. The National Institutes of Health has convened a work group to look at sexual harassment in science Article 7 of 96 2/21/25, 6:53 Johns Hopkins professor resigns after school finds he violated sexual misconduct policy - Baltimore Sun 3/3"} |
7,266 | Moises Salinas | Central Connecticut State University | [
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"7266_102.pdf",
"7266_103.pdf",
"7266_104.pdf"
] | {"7266_101.pdf": "1 Proceedings of the diversity conference Kick-off speaker, Moises Salinas, newly elected Chief Diversity Officer: Dr. Salinas talked about his vision for a better campus climate. He hopes to improve education for our students \u2013 multicultural competence. His vision for our university includes making this a more diverse place, in terms of students and faculty. He wants to have a very aggressive affirmative action plan that will be enforced. He was happy that the search for the vice president of academic affairs was stopped because there weren\u2019t any diverse candidates in the finalist pool. He hopes to see increased resources for departments, employment, etc for diversity. Some suggestions: go to conferences to recruit people of color. We need to be more assertive in marketing ourselves. We want more representation and advancement in the areas of diversity. What hurts us is the 4-4 load. Peer institutions have a reduced load. We\u2019ve had a number of indicators \u2013 from the satisfaction survey, etc. that a number of people are not happy with our climate. That is a problem in trying to attract good candidates. We will be assertive and not tolerate any of these isms. Want to make a tolerant climate. This is place where we need to promote and support diversity. He would like to see a center that provides support, research, events. Want to move towards multicultural competence. Our mission is to educate our students. We need to give our students the tools to be able to deal with a diverse world. The office of diversity & equity needs to support faculty with an infusion of diversity into the curriculum. Focus on skills, attitude, and exposure. Panel 1: Heather Prescott (Women, gender & sexuality studies), Gustavo Mejia diversity committee, co-chair with Cindy White), Scott Hazen (Director Student Activities), Matt Ciscel (Ad hoc committee to talk about ways to improve language requirement & address diversity issues), Betsy Kaminiski (Women, gender, sexuality program & co-chair on the committee on concerns of women), Anne Alling (Chief human resources & committee chair search for chief diversity officer, administration perspective), Sue Sweeney (22 years \u2013 leader student development). The panel started talking about issues with programming and a lack of communication. There is no master schedule for diversity. There needs to be coordination at the top end. There is a lack of leadership. There are a number of diversity committees and no one knows what the different groups are doing. Another panel member stated that he felt it was a good thing that a lot of people are working on this problem. Bottom up is helpful master calendar would be a useful tool. Otis Mamed could help with using the master calendar. It is an under-utilized tool. We need a person to coordinate diversity events so that there isn\u2019t overlap and duplication of effort and resources. Another panel member talked about issues regarding and pay equity. Look at the figures \u2013 there are problems retaining women of color, both at the administrative and faculty level. For students, where are their role models? Also, there is concern with the clerical staff \u2013 women who are in dead-end jobs without the ability to move up. Students \u2013 childcare concerns \u2013 can\u2019t come to class student concerns. There needs to be improvement in counseling. Further, safety issues have received public attention. Sexual assault. 1/6 women students will be victimized by sexual assault in college. How are we handling sexual assault? Counseling and disability concerns. When the elevator breaks down, it takes 3-4 days to get it fixed. This is not within compliance. What are we doing for students with mental health concerns? Going back to 1988, there was 1 African American administrator on the entire campus. There weren\u2019t many African American students. There weren\u2019t any scholarships for students of color. Now there are 4 scholarships. Things have changed. We need to incorporate issues of diversity 2 in everything we do. We miss the mark if we do not. Athletics is part of the university. Harmony classic \u2013 brought players from N.C. and their bands. This is a week in September that culminates with a game. Encourage this as a week of reflection on issues of diversity. Challenge the faculty to infuse issues in curriculum on a daily basis. Since 1995, enrollment of people of color is either the same or declining. How do we serve as an example? Then you have a diverse society. There is a lot of talk about perception with the administration. There are a lot of issues with trust and lack of trust among groups. The administration is very distressed about this. They don\u2019t know how it happened or how to fix it. Is it historical? There have been specific actions taken. It is important to move forward and stop problems. Need to start trusting each other. If there is always fighting, there is no way we can have shared governance. At the same, administration needs to be trustworthy. White privilege operates and most faculty are oblivious to white privilege. One of the initiates needed is to educate all about our own unconscious assumptions. Need to push ahead. What should we do versus looking at our own unconscious attitudes? People\u2019s attitudes are unconscious. For example, years ago a supervisor would ask you to do something because you are black. Nothing happened. The same scenarios happen today and no one says anything about it. Observation: this is a dynamic campus with high-spirited faculty. Professors and academics need to call themselves on the lack of civility. There are issues with counseling and a lack of services. There are faculty issues and recruitment. These are structural issues. Peer institutions can offer a 3 teaching load and more money. This hurts us. In this state with resource issues \u2013 no changes can be made. There salary isn\u2019t bad. The climate issues are important in attracting faculty. These conversations are messy and painful \u2013 but necessary. We need to deal with teacher trainers. What do we do here? We need to train them in how to analyze sub-conscious. We need to think about differences & we need to incorporate that thinking into the curriculum. Do we encourage diversity? Each of our specializations need to improve our society by incorporating diversity into everything we do. We need to think in terms of a holistic systemic frame of mind. We are currently not doing that here. We need trust and respect. Things got off badly a couple of years ago with the decisions. We are not retaining women of color. They are getting outside offers and we are not attempting to match. There is not respect for faculty and shared governance. If you want trust, we need respect. The committee on diversity looked at and came up with recommendations to the dean. Some questions include our honors program. How come it is not diverse? Do we not have students of color who are able to be in the honors program? We need a self-study. There are so many opportunities missed to incorporate diversity into every subject, e.g., where does math come from? Many faculty do not see that as important. There is a lack of commitment from the top administration. Do not see any plan to address diversity in a meaningful way. The president sent around 104 diversity issues. On the list were movies, plays, etc. Did not see any initiatives to engage the entire community. Need more than a 3 2-hour talk. People who need help do not participate. Institutional racism. Need radical changes if you want to change on campus. President needs to make a commitment. U. of VT.\u2019s president addressed diversity in all classes. All students must take 2 classes on multicultural issues. There is also an experiential component. Commitment needs to come from the talk. We also need training within courses. We just recently had training and diversity wasn\u2019t even mentioned. Division requirements proposal from the faculty senate diversity committee: d-diversity designation. Learning about diversity is more than themed. Includes a set of skills, attitudes, changes. At the pedagogical level \u2013 challenge assumptions. Need an experiential component. Issues are more encompassing. Diversity issues stem from the faculty. They are publishing articles because they do not have role models in the faculty to show them the right way. How do we change people\u2019s minds? It is easier to challenge students than the faculty. The people who need training within the faculty are not the ones getting the training. They distance themselves \u2013 they are absent. This is an example of white privilege. Not seeing proactive negativity \u2013 seeing white men not getting in the conversation. Seeing absence. Without participation, how do we engage or infuse culture in classes? What about a math class? Why is that important? Felt not important. There is a lack of commitment from the top administration. Do not see any plans to address diversity in a meaningful way. What people aren\u2019t going to surrender than privilege? Better to say\u2026 how do we empower other students of color? Let\u2019s give those students a voice. Look at ourselves. Do not try to change other people. Complacency festers what is happening here. We will make more change. Lost energy to focus on others. Problem is us. We see things. How do we change our own comfort zones? Developing individuals = filling souls, hearts, inspiring them to be better human beings. Be sensitive to others. Panel #2: Antonio Garcia (ombudsperson), Ernie Markest (acting Chief of Diversity), Joanne DiPlacido (Faculty advisor to Pride), Antonio Easton students liason to faculty), Sarah Rines (on a number of committees), Barrett McGee (help with Latin American Association, Mosaic, etc.). The role models are here, but not enough and need more support students are highly stigmatized. They get labeled as a trouble-maker if voice concerns. This groups needs to be much bigger. As long as that happens \u2013 we\u2019re always in minority. The more we talk about Central \u2013 about what we are about \u2013 serving all communities. We are teaching people how to not be racist. The entire campus needs to own this. Coming from the top. The top will not solve all problems. This is a community issue Re- vamping chief diversity officer is a start. This job is at a new level. Moy has a wonderful vision for the university. Can\u2019t leave it for the people at the top. Current changes come from the faculty. We all need to move together. We all need to own this. Need a vision and message from the top \u2013 say what that vision is and put resources to back it up. Money is needed for great initiatives. Student activities \u2013 retaining. 4 Problem retaining good students \u2013 lacking in area of orientation. There isn\u2019t a transfer orientation. We need summer overnight experiences before school start. These people RAs, student leaders, club officers \u2013 they are trained in multicultural issues. We are lacking with communication to our freshman. Last 30 years \u2013 above curve in most universities. Closed pool \u2013 statements athletics. Top 205 gender equity, women\u2019s issues, student enrollment. Frustration at the top. Need more change. We are doing something positive. Students are learning about diversity in their classes. There are several initiatives. President Miller wants our students to be exposed to multicultural issues. Jan 2009, 3 different groups will travel overseas (FYE). This type of initiatives could development foundation = diversity. The interim Students affairs \u2013 very active university. We have a high number of events- but we do not have enough audience. Few students attending. Believe these events are targeting faculty. We need more for students. We have a high number of interests \u2013 not competing. Fixed amount of resources. Plan \u2013 we want money to do overnight orientation program. That has to be defended in light of millions of dollars of new requests. From a financial standpoint \u2013 ask yourself \u2013 is this a good idea? Our interests and needs must be coordinated fiscally. We need to set priorities. We have set a priority, now we need money to back it up. Sexual minorities: best practices. We\u2019ve nothing to review except what has done. The burden placed on students \u2013 they do all the programming on issues. This is a high amount of pressure to educate this campus. These students are educating their entire campus. This is a real concern. 10% of our students not making it. There is no support on campus. Recently, a roommate threatened to kill a student. Nothing happened. We need to take responsibility. Want programming for all students. Sexual minority students are underserved. Good news. Student activities \u2013 new working with our students. Growing up\u2026 there was never fair representation for me \u2013 black and gay. Want kids growing up to have good role models want supportive environment and minorities of color need a supportive environment. We have to do outreach. Conversations like this in residence halls. Lack of cultural understanding. Work with Pride as well. Student activities students not bein seen. What can we do now to make it better? Hired Tony to help. What can we do now to help? Also, on Mosaic Center committee \u2013 it is pretty inactive \u2013 5 student run organization with the mission of promoting diversity and education. Taking strides to get more involved. Support Mosaic group. Encourage students to become more involved. See a number of students at lasso, but not same numbers at Mosaic. Need representative from other cultures. What can we do now? These are common words used but different ways that we understand. We need common language and accessibility to services. We lost a number of students this semester because the university withdrew them because they didn\u2019t pay. If we do not know how to access money, then this is a barrier for the ability to remain in college. Programs \u2013 a good diversity program, but not serving itself. Miss boat if you do not include others not like you. 5 St. Patty\u2019s Day parade \u2013 there are mixtures of people. But if Africana groups have an event, only have African American there. Purpose? Serve needs larger than the university clubs and organizations on campus. Required to do diversity programs. Every organization does diversity training. They come to student government for money \u2013 for programs. Required? Many are not developmentally ready. Equity study \u2013 buried in that list of 104 things. Wrote rfp \u2013 Anne Alling. President allocated $30 K. Now the center for public so & res \u2013 Steve Klinger? Focusing on 2-3 things, P&T, Hiring, etc. We need to educate the campus. Coverage of events taking place. No diversity in the campus newspaper. Angela Davis, profound scholar, comes to campus and the university newspaper does not cover it. We need to empower our writers to help spread the word about diversity. Also, campus \u2013 let\u2019s talk to Chad Valk. Let\u2019s use these events and channel them to the residence halls. We need to bring the clubs together. Students of color are dropping out of high school. We need to recruit people of color. Took part in a Laso concert, Kwanza, they serve as recruitment events. Come to get educated \u2013 huge advantage. We lose a number of students because we do not support those students. We need to put resources to help students and to accommodate their needs. Suggestion \u2013 student activities side \u2013 student groups are great programs, but how do we connect with faculty? We need to be citizens. Lobby for our students. Lobby for the millionare\u2019s tax. Governor Rell is coming for graduation. Let\u2019s lobby her. Our students cannot afford it. We are all citizens. What is our priority? We need a new slogan that says who we all are about. Break out sessions: \u201cDiversity Conversation\u201d Break-Out Session \u2013 Increasing under-represented groups at Sarah Rines, Michael Ansarra, Gustavo Mejia, Anne Alling, ????? Recruitment EOP/Conncap-leadership charge three years ago. Shared budget to produce summer events and operational budget. University initiative to have student recruit \u2013 liability to use students. Department cannot utilize this asset. Athletics has students travel cross country-we should be \u2026 to be able to use more TA. Difficulty using campus vehicles vs. person vehicles. Events on campus to collaborate to work on recruiting because TAs. Etc. very difficult for students like and LASO. 6 Honors Programs not sure of application and committee diversity? Would like more information on these Honors Programs and not sure how we are recruiting is taking them. Outgoing to campus of and other schools. Students coming to campus from \u2026 without diversity. Outreach to let students know about the diversity Admissions outreach program Students no concept of diversity Student went on road for admissions. Issues of Financial Aid/Scholarships. 100% had green start @ a disadvantage. Percentages of grants/loans Family contribution misleading students can afford tuition but not textbooks etc. Communication of financial aid is not happening. Institution needs to change to be more inclusive awareness of who are these students curriculum asked to go into department and talk about diversity. Freshman asked them about their experiences and they were all negative. (Neg speak). Social Work \u2013 at risk students/req. to graduate. Because of this need diversity outreach Students Lunch room very segregated Specific department not sensitive to their needs Living practices Sensitivity training Lack of Coaching Diversity needs to be embedded Diverse initiative with department and clubs Students of color \u2013 passion in profession. Poor advising happens \u2013 \u00bd way through and leaving. Students need more awareness of education req. in order to stay in major. Others institution \u2013 cultivated students of color to become students in the honors program. Making sure a certain number of seats are filled by multicultural students Affirmatively seek out Have a bus of our students Summer overnights Yearly overnights Community summer camp 7 \u2013 Diversity Reg. to take a course to graduate. All students need to see this. Good thing \u2013 recruitment Larry Hall Underrepresented meet 400-4K Took out under rep admissions Person and burden to everyone. Students Advising Center- major problems need for professions advising Seems to need overhaul and that is happening FYE-support for incoming needs to support diversity Components need to be connected Financial Aid \u2013 lack of communication Students being worked with more and consistently Students feel invisible Under represented Get involved and are not allowed Newspaper Radio All needing diversity Media board \u201cDiversity Conversation\u201d Break-Out Session \u2013 Campus Climate Carolyn Fallahi, Joanne DiPlacido, Scott Hazen, Matt Ciscel, Antonio Lozada-Garcia, Heather Prescott, ?????? 1) No e-mail on Fridays to encourage face-to-face contact. 2) Encourage groups/organizations to combine in support of large events to cut down on so many events being scheduled opposite one another. 3) We need a listserv that supports intellectual discourse. 4) The new Chief Diversity Officer will need support from committed faculty and staff to have an impact. 5) Guidelines for the listserv. 6) Bring True Colors to campus should be a priority. 7) We need one central reservations office, monitored to make sure that it supports diversity programming for inside and outside groups. 8) Talk to Otis Mamud about tapping into the calendar. We can have our own diversity calendar on our website that automatically loads into the large calendar. \u201cDiversity Conversation\u201d Break-Out Session III\u2014Diversity Education Liz Aaronson, Mary Pat Bigley, Matt Ciscel, Tim Craine, Shelly Jones, Marisa Mealy, Gladys Moreno-Fuentes, Mary Anne Nunn, Moises Salinas, Susan Sweeney 8 \u2022 There are no ug courses for teacher candidates on teaching diversity except Mathematics and Diverse Culture\u2014suggestion that all teacher candidates be required to take this course \u2022 Two courses in the Psych dept.: Psychology of Diversity, and Cross-Cultural Psychology\u2014a suggestion that all students be required to take this course, or develop a list of courses from which student must choose one \u2022 Bring diversity to every class\u2014example: in literature course specify the cultural make-up of the audience of the original work, so, in a survey course, by the end of the semester students would have had to consider things from a wide variety of perspectives. The role-playing is a kind of experiential learning \u2022 Write up a statement on CCSU\u2019s policy regarding diversity and print it on every single syllabus handed out on campus \u2022 Take a holistic and systemic approach to diversity\u2014seek out the initiators of the University of Vermont\u2019s program and get pointers/tips from them systemic approach will bring the need for faculty development, but we have many experts on campus already whose training we could tap \u2022 Begin with making the design and teaching of courses integrating diversity voluntary; include incentives such as release time, stipend, limited course cap \u2022 Organize those volunteering to teach courses incorporating diversity into a small teaching community, along the lines of the groups, so that they can share information and experience and prepare to disseminate their findings to a wider audience after a pilot experience \u2022 Use the model of Writing Across the Curriculum (WAC)\u2014Diversity Across the Curriculum would make it impossible for a student to go through even a semester without having the messages about diversity presented in multiple settings. \u201cNowhere to hide\u201d \u2022 Take the \u2018nowhere to hide\u2019 philosophy of and apply it to faculty, administration, and staff as well as students. Make sure that the promotion of diversity is one of the very highest priorities by those at the top making decisions about the allotment of resources \u2022 Re-examine the Foreign Language requirement, a traditional spot where students have confronted diverse cultures. Possible models: 2-year requirement rather than 1; 3- semester requirement rather than 2; have all students take placement exams as part of their entry to and require all students to take one course in a foreign language at the appropriate level \u2022 Look for ways to promote both inter-disciplinary and community engagement opportunities for students \u2022 Make sure faculty are aware of funds available for developing diversity projects \u2022 Take advantage of the President\u2019s gathering of faculty, staff, and administrators at the beginning of the Fall semester to bring appropriate speakers to campus and have break- out sessions across tiers of the institution. Consider having a second such gathering at the beginning of the Spring semester Key note speaker: Dr. William Howe When there are situations with the potential to get hurt, the brain shuts down. What makes it hard \u2013 The school climate \u2013 learning. We put pressure on kids when we put them on the spot. If they have a history of being hurt, going into pressure situation \u2013 do not respond well. 9 When we as parents send our children off on the bus in September, we hope that they will be okay. We know the things that could go wrong. The school climate is a terrifying environment. We know what could happen so it is hard for parents. If you go into a school and read their mission statement, it often says something like, we want to educate the whole child. We want to raise kids \u2013 civic minded, great scholars. Purpose: we want to educate kids \u2013 wrong. The primary responsibility is to keep kids safe physically and emotionally. Until kids feel safe, they do not learn at their optimum. This is all about success in school. Do we have an environment where every student feels safe? But I\u2019m preaching to the choir \u2013 we need your bosses. Even choirs need choir practice. Dr. Howe handles complains from schools, approximately 8 or 9 per week Parents call and say that their kids are being bullied. For example, an African American family \u2013 kid is called the \u201cn\u201d word repeatedly. The mother tells the principal \u2013 complains. The principal\u2019s response \u2026. Get used to it, you\u2019ll be hearing the \u201cn\u201d word for the rest of your life second example, a young African American girl \u2013 why can\u2019t play with the girls after school? They tell her, because you are African. At a university in CT, a professor taught a lecture about race and skin color. An Asian American asked about the lecture and how it applied to him/her, the professor pulled up his/her arm and said, look at your color \u2013 you don\u2019t have any problems. These examples all occurred in the last 6 months in CT. In a local state agency, Puerto Rican clerical folks are told not to speak Spanish. Another example, a child missed 9 weeks of school because he was bullied because he is gay. There is a large number of pointed prejudice and discrimination. We do not see it. Recently school was fined for civil rights violation (systemic issues). The school district could not define sexual harassment. After years of doing this, these are the lessons that he has learned: (1) training \u2013 an inservice training won\u2019t fix some people. Go forth and no longer be a bigot. There are some people who should not be working with human beings. (2) Smart people can say and do stupid things (3) Smart people can implement extremely inappropriate policies (4) Some people do not want to change the system. (5) Don\u2019t presume for another culture how they think or feel. (6) Many people do not know how to effectively complain \u2013 how to file a complaint. If do not file a complaint, then nothing changes. You want to try and resolve things on a lower local level. If not news comes into the building. (7) The political climate now is that it is okay to do a number of uncivil things. Often wonder if we still have a constitution. (8) There are some people who do not know how to change or what to do. 10 Another recent example young French teacher would whisper in old French into a teenage girl\u2019s ears. She wrote it down and gave it to her father who was fluent in French. The teacher was propositioning the girl. This was brought to the principal who responded, it is really hard to find a good French teacher. Current thinking: what can we do? Watching \u2013 Glory Road \u2013 about a college in Texas who recruits white male high school basketball players. The coach could\u2019t find enough good players, so he recruits African American students. They win the national championships. Go back to basics. Teach fundamentals. They learned fundamentals. Some people do know the basics. Assume everyone knows what you mean by play nice, be kind to each other. Go back to class and teach the fundamentals. How we should be with each other \u2026. How we should act. How do you change people\u2019s attitudes? We can demand that we change their behaviors. Fundamentals of diversity \u2026 all really need to know learned in Kindergarten (Folgen). Things like: play fair, share everything, do not hit, clean up own mess, don\u2019t take things that are not yours, say sorry, wash hands, flush. Message: consider going back and focusing on fundamentals. Do not assume that people understand. Know about civil rights laws. Know the organization\u2019s policies inside and out. Act immediately and decisively when laws/policies are violated Hold ourselves and others accountable. Surround self with someone negative \u2026 you\u2019re a loser, not pretty, enough, failure, basic idea: get rid of those people. Have positive people in our life instead.Listen to those who are positive people. Think about who you would want to talk to if you only had 10 minutes to live. Talk to them \u2013 not the negative people. To change policies, we must focus on small victories.", "7266_102.pdf": "26 2020 203-815-1612 Home \u00bb News \u00bb News coverage on case settled by Partner Nina Pirrotti: Female police officer wins $1.75 million settlement against in rape and sexual harassment lawsuit $1.75 Posted by Garrison, Levin-Epstein, Fitzgerald & Pirrotti, P.C. in News As it appeared in the Hartford Courant By Lawyers for a female police officer at Central Connecticut State University said she has obtained a settlement of $1.75 million against the University, claiming the university \u201cfostered an environment in its police department where sexual harassment and even sexual assault was the norm, emboldening a fellow officer to rape her on three separate occasions.\u201d The lawsuit also claimed that members of the police department \u201csexually harassed female undergraduate students,\u201d and that one officer who was later promoted to sergeant \u201copenly pursued a sexual relationship with an undergraduate student.\u201d 2/21/25, 6:55 Female police officer wins $1.75 million settlement against in rape and sexual harassment lawsuit 1/8 do think that the outcome is a satisfying one and that it does provide some measure of accountability for the wrongs that were perpetrated against her, which will impact her for the rest of her life,\u201d said Nina T. Pirrotti, of the law firm Garrison Levin-Epstein Fitzgerald & Pirrotti. \u201cUnfortunately, there\u2019s no way to take back the alleged crimes, which ran the gamut from sexualized comments to groping to rape. There\u2019s no way that can be undone. The only way that there can be accountability is through a monetary settlement, and do believe that the magnitude of the settlement reflects a measure of justice being done.\u201d The female officer has not pursued criminal charges, Pirrotti said complaint filed in U.S. District Court in Connecticut on May 9, 2019 alleges that the female officer, who is referred to as Jane Doe in the lawsuit, worked alongside her alleged rapist for almost a year after reporting incidents to police leadership before the university launched an investigation. During that time, the woman\u2019s supervisors and co-workers allegedly retaliated against her, \u201cpotentially endangering her life by denying back-up when she called for it.\u201d \u201cIn working with the Attorney General\u2019s Office settled the sexual assault case brought by a woman police officer against a male police officer president Zulma R. Toro responded in a statement. \u201cThe University terminated the male officer in fall 2018. This case was one of several brought to light when [I] arrived at CCSU, and have] worked to transform the campus culture while sending a loud and clear message that sexual misconduct and bullying are not tolerated at CCSU.\u201d In March 2019, the Courant reported that the 40-page lawsuit named Director of Public Safety and Chief of Police Gregory Sneed and three ranking officers in the department: Lt. Edward Dercole, Lt. Christopher Cervoni and Sgt. Ramon Baez. The officer accused of the sexual assaults, Curtis Lollar, was fired following an independent investigation. An outside firm hired by university found the police department had hired and retained officers, including the alleged rapist, who had \u201cred flags\u201d and even criminal charges in 2/21/25, 6:55 Female police officer wins $1.75 million settlement against in rape and sexual harassment lawsuit 2/8 their backgrounds, resulting in a \u201chostile culture\u201d and leading to instances of sexual assault against the female police officer. Investigators also cited the police department\u2019s failure to investigate or take any other measures after the female officer came forward. The complaint also traces a history of \u201csimilar, pervasive institutional failures\u201d at CCSU, including sexual misconduct by unnamed professors and former Chief Diversity Officer Moises Salinas, who the plaintiff alleges \u201csexually assaulted one of his students at a meeting he initiated to discuss her graduation plans\u201d in 2010. \u201cThis is not an isolated incident, and this was not a matter of getting rid of one alleged rapist and then all is well on the campus,\u201d Pirrotti said. \u201cThe entire university police department was infected with this systemic, pernicious attitude towards women that manifested itself in ways big and small.\u201d Posted by Garrison, Levin-Epstein, Fitzgerald & Pirrotti, P.C. in News Tagged Nina Pirrotti Josh Goodbaum and Meaghan Kirby Lead Non-Compete Webinar Meaghan Kirby to Serve as President of the Connecticut Employment Lawyers Association Garrison Law Earns Tier 1 Ranking in the 2025 Edition of Best Law Firms\u00ae Every Garrison Law Attorney Recognized as 2024 Super Lawyers 2/21/25, 6:55 Female police officer wins $1.75 million settlement against in rape and sexual harassment lawsuit 3/8 About the Author & PIRROTTI, P.C. 2/21/25, 6:55 Female police officer wins $1.75 million settlement against in rape and sexual harassment lawsuit 4/8 Advocating for Employees since 1977 We will respond to your message promptly. Although we will keep your message strictly confidential, please note that contacting us does not create an attorney- client relationship. Name Personal Email Address Personal Phone Number Case Details How Did You Hear About Us do want to stay up to date on firm items, important information, and other breaking news. 2/21/25, 6:55 Female police officer wins $1.75 million settlement against in rape and sexual harassment lawsuit 5/8 This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply Advocating for Employees since 1977 Nina Pirrotti provided outstanding legal advice and was trustworthy, dependable, and responsive. From the start was confident that her knowledge and experience would obtain favorable results. On a more personal note enjoyed working with her and her staff and felt was included in every part of the process. The dedication, concern, and interest in me as a client was greatly appreciated, and Nina has earned my highest recommendation. \u2014 J.H., Monroe Josh Goo was calm is a great a plan tha was hopi and mone enough f uncertain \u2014 D.T. 2/21/25, 6:55 Female police officer wins $1.75 million settlement against in rape and sexual harassment lawsuit 6/8 Home About the Firm Practice Areas News & Updates Employee Rights Blog Contact Us 50 YEARS. 2/21/25, 6:55 Female police officer wins $1.75 million settlement against in rape and sexual harassment lawsuit 7/8 405 Orange Street New Haven 06511 Tel: 203-815-1612 Connect with Our Firm Copyright \u00a9 2025 Garrison, Levin-Epstein, Fitzgerald & Pirrotti, P.C. | Terms Of Use/Disclaimer | Website Development by ENX2 Marketing Serving all of Connecticut, including New Haven county (from Waterbury to the Shoreline), Fairfield county (from Greenwich to Westport to Bridgeport), Hartford county, Middlesex county (including Middletown), and New London county. 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Please consult professional counsel before acting upon any of the information contained on this website. 2/21/25, 6:55 Female police officer wins $1.75 million settlement against in rape and sexual harassment lawsuit 8/8", "7266_103.pdf": "News Assault Victim Don\u2019t Feel Ashamed Anymore\u2019 March 15, 2011 By Kat Boushee When professor Moises Salinas sexually assaulted Krystal Rich in February 2010, she contemplated not saying anything, but was bolstered by a strong support system to ultimately seek the justice she needed to give her peace. Rich says she wishes for her story to inspire others to seek the justice they deserve just want justice to be served\u2026 for all those people out there who had things happen to them and it hasn\u2019t worked out and the person has walked away,\u201d Rich said. \u201cSometimes, just sometimes, it works. And wish it worked every time.\u201d Rich also spoke of the toll that this case took on her and those she is closest to never in a million years imagined going to court or imagined this year-long process,\u201d she said, \u201cIt wasn\u2019t just the assault itself but then afterwards it was him trying to Trending Stories From Florence to New Britain: South Carolina at the heart of men\u2019s basketball success OPINION: Hadestown is Overrated The Owl House Ends with Poignant, Spectacular Finale Men\u2019s basketball stuns Saint Francis, wins eighth straight for first time since 2007 Men's basketball wins seventh straight after defeating Mercyhurst 73-63 at home Recent Stories \uf39e \uf16d\ue61b Enter Search Term Men\u2019s basketball stuns Saint Francis, wins eighth straight for \u00d7 contact me, him making up lies about people on campus\u2026 and trying to undermine my character and [the character of] his colleagues.\u201d The case was such a struggle for Rich because prior to her assault there was no contingency plan in place at regarding the sexual assault of a student by a faculty member. Joanne DiPlacido professor and close friend of Rich, said \u201cWhen Krystal was sexually assaulted Central did not have a formalized policy and protocol and it was further complicated by the fact that the Chief Diversity Officer was designated as the person to investigate sexual assaults.\u201d In Rich\u2019s case, the assailant was the Chief Diversity Officer at the time, which made it even harder for her to seek relief. \u201cMy case on campus was investigated as though it was a sexual harassment, not a sexual assault,\u201d recalled Rich. \u201cThat\u2019s why it wasn\u2019t reported to the police initially, because it wasn\u2019t looked at as a crime.\u201d After the assault, Salinas was not removed from his post at the university. He resigned his job as Chief Diversity Officer, but continued on as a professor. \u201cMe having to go to the police to get this man off campus was so upsetting,\u201d said Rich, her voice wavering. Rich spoke about how she felt during the spring 2010 semester when Salinas was still teaching on campus after assaulting her, and, in fact, teaching a night class that met on the same evenings as a night class she was taking. \u201cOftentimes,\u201d she said, looking visibly distressed wouldn\u2019t go to class, because was so fearful of seeing him that just couldn\u2019t handle it.\u201d Rich said she would have panic attacks when she saw him on campus, because she felt that he had \u201cnothing more to lose\u201d and could \u201cdo or say anything,\u201d and added that he \u201cdestroyed a lot of things for me.\u201d first time since 2007 Eary Banushi and Andrew Johnson From Florence to New Britain: South Carolina at the heart of men\u2019s basketball success Marcus Saunders, Staff Writer Men\u2019s basketball wins seventh straight after defeating Mercyhurst 73-63 at home Ari Kinder, Staff Writer Rich believes that one of the single most important things that was said to her while going through this ordeal was what her adviser told her after hearing her story: this wasn\u2019t her fault. She remembers going to her adviser and the first thing that she told him was what she had been wearing had a coat on, and had a scarf on, and had long pants on,\u2019\u201d Rich recalls saying. \u201c[My adviser] looked me straight in the face and said don\u2019t care if you were wearing a bikini, that doesn\u2019t give him the right to touch you.\u2019\u201d During her case, Rich became very interested in and involved with advocacy groups and even became a certified sexual assault crisis counselor. Channeling her feeling of powerlessness and putting it to good use, she has joined many committees at and through those committees is working on the school\u2019s sexual assault policy and on a new consensual relationship policy for relationships between students and faculty know a lot of times it doesn\u2019t work out and know a lot of times victims don\u2019t think they have a voice,\u201d Rich said. \u201cAt least had a voice. And yes had to fight hard, but at least was allowed to fight. That\u2019s the thing that\u2019s so amazing about this case. That\u2019s why want people to know the story, because it did work out. Just because he was one of the head\u2019s of the university doesn\u2019t mean shit. He still can\u2019t do what he did STORY: Salinas Found Guilty of Sexually Assaulting Student Leave a Comment moises salinas More in News \u00a9 2025 Pro WordPress Theme by \u2022 Log in Russia- Ukraine Ukrainian University Student\u2019s new Reality A.I. Dog Meets Central's Campus New Britain: Crime Rates Increasing Warns of Budget Shortfall Veteran: \"Just Remember With Us\" The Increasing Cost of Special Education for New Britain Schools The Recorder The Student News Site of Central Connecticut State U\u2026 \uf39e \uf16d\ue61b Enter Search Term Home Staff About Submit a Letter", "7266_104.pdf": "Female Officer Wins Settlement Against in Rape Lawsuit According to an investigation, the Central Connecticut State University police department hired officers with \"red flags,\" including criminal backgrounds. Published: August 31, 2020 Author: Amy Rock BRITAIN, Conn female police officer at Central Connecticut State University has won $1.75 million in a lawsuit against the school, claiming it \u201cfostered an environment in its police department where sexual harassment and even sexual assault was the norm.\u201d According to the lawsuit, which was filed in March 2019, the woman was raped by fellow officer Curtis Lollar on three separate occasions, reports WTNH. The first two rapes allegedly happened on duty in the summer of 2014 when Lollar cornered her in an empty building she was checking. The third rape allegedly happened two years later at Lollar\u2019s home, says the lawsuit \uf002 Trending Governor Rejects Plan to Collect Students' Immigration Status Indiana Teen Arrested for Planning School Shooting Teacher Shortages by State Ex-Log \uf002 Follow Us \ue093 \ue09a \ue09d \ue094 \ue0a3 Emerald Media Network Advertise Campus Safety Conference 2/21/25, 6:55 Female Officer Wins Settlement Against in Rape Lawsuit 1/5 When the officer reported the incidents to her supervisor, she says she was publicly shamed and the department potentially endangered her life \u201cby denying back-up when she called for it.\u201d The lawsuit also says the victim had to work alongside Lollar for nearly a year after reporting the incidents. The lawsuit also alleges that members of the police department sexually harassed female undergraduate students and that one officer \u201copenly pursued a sexual relationship with an undergraduate student BELOW\u2014\u2014 Get the latest industry news and research delivered directly to your inbox each week! Email* By clicking Sign Up above, you agree to the Emerald Privacy Policy and Terms of Use. Sign Up Additionally, the lawsuit accuses unnamed professors and CCSU\u2019s former Chief Diversity Officer Moises Salinas of sexual misconduct. The plaintiff alleges Salinas \u201csexually assaulted one of his students at a meeting he initiated to discuss her graduation plans\u201d in 2010. An outside firm that investigated the department found it hired and retained officers, including the alleged rapist, who had \u201cred flags\u201d and criminal charges in their backgrounds, resulting in a \u201chostile culture\u201d and leading to the sexual assaults against the female officer, according to The Hartford Courant. Lollar was fired in 2018 following the investigation do think that the outcome is a satisfying one and that it does provide some measure of accountability for the wrongs that were perpetrated against her, which will impact her for the rest of her life,\u201d said Nina T. Pirrotti, of the law firm Garrison Levin-Epstein Fitzgerald & Pirrotti. \u201cUnfortunately, there\u2019s no way to take back the alleged crimes, which ran the gamut from sexualized comments to groping to rape. There\u2019s no way that can be undone. The only way that there can be accountability is through a monetary settlement, and do believe that the magnitude of the settlement reflects a measure of justice being done.\u201d Posted in: News Tagged with: Campus Police, Investigations, Lawsuits, Officer Safety, Rape, Sexual Harassment, Sexual Misconduct, University Police 2/21/25, 6:55 Female Officer Wins Settlement Against in Rape Lawsuit 2/5 Related Posts Illinois Governor Proposes School Cell Phone Ban 2 Teens Arrested for Planning Mass Casualty Attack on Houston High School Gainesville Mother Says Daughter Took Own Life After Being Bullied Over Family\u2019s Immigration Status The U.S. Will Soon Have a Hospital Bed Shortage, Study Finds 2/21/25, 6:55 Female Officer Wins Settlement Against in Rape Lawsuit 3/5 Contact Us Emerald Expositions 31910 Del Obispo, Suite 200 San Juan Capistrano 92675 Phone: 800-440-2139 Customer Service: 774-505-8058 Social: \ue093 \ue09a \ue09d \ue094 \ue0a3 General News Insights Resources Awards Podcasts Sponsored Press Releases Topics View All Posts \u00bb Active Assailant Clery / Title Emergency Management Hospital Security Mental Health Public Safety School Safety Security Technology Facilities Management University Security Awards Campus Safety Awards Director of the Year Awards About Us About Us Editorial Team Advertise with Us General News Insights Resources Awards Podcasts Sponsored Press Releases Topics View All Posts \u00bb Active Assailant Clery / Title Emergency Management Hospital Security Mental Health Public Safety School Safety Get the latest industry news and research delivered directly to your inbox each week! Email* By clicking Sign Up above, you agree to the Emerald Privacy Policy and Terms of Use. Sign Up 2/21/25, 6:55 Female Officer Wins Settlement Against in Rape Lawsuit 4/5 \u00a9 2025 Emerald X, LLC. All Rights Reserved Contact Us Emerald Expositions 31910 Del Obispo, Suite 200 San Juan Capistrano 92675 Phone: 800-440-2139 Customer Service: 774-505-8058 \ue093 \ue09a \ue09d \ue094 \ue0a3 Security Technology Facilities Management University Security Resources Campus Safety Awards Director of the Year Awards About Us About Us Editorial Team Advertise with Us 2/21/25, 6:55 Female Officer Wins Settlement Against in Rape Lawsuit 5/5"} |
8,768 | Charles Armstrong | Columbia University | [
"8768_101.pdf",
"8768_102.pdf",
"8768_103.pdf"
] | {"8768_101.pdf": "Charles K. Armstrong Charles King Armstrong (born February 11, 1962) is an American historian of North Korea. From 2005 to 2020, he worked as the Korea Foundation Professor of Korean Studies at Columbia University, spending his last year on sabbatical after the university's determination that he had committed extensive plagiarism. Armstrong's works dealt with revolutions, cultures of socialism, architectural history, and diplomatic history in the contexts of East Asia and modern Korea, with a focus on North Korea. His 2013 book, Tyranny of the Weak, won the John K. Fairbank Prize, but he returned it in 2017 after the American Historical Association asked him to account for issues with the citations, including plagiarism and source fabrication. He was investigated by Columbia in 2020 relating to rape accusations from a student, where he was found guilty of \"harassment\" and violating school policy prohibiting sexual relations of professors with students.[1] He left Columbia in June 2020. Armstrong earned his B.A. in Chinese Studies (having transferred from East Asian studies during his first year) at Yale University in 1984, and continued his studies for two years at Yonsei University in Seoul, earning a diploma in Korean language in 1986. He next spent a year in Northeast China teaching English at Jilin University and then went onto study for an M.Sc. at the London School of Economics in 1988. He earned his Ph.D. in Korean Studies at the University of Chicago in 1994 under Bruce Cumings, a noted historian of Korean Studies.[2] Charles Armstrong is a specialist in the modern history of Korea and East Asia, and has written or edited numerous books on modern and contemporary Korea as well as the wider East Asia region (including Vietnam and Japan) and the Cold War. He joined the Columbia faculty in 1996 and before leaving in 2020, taught courses on Korean history, U.S.-East Asian relations, the Vietnam War, and approaches to international and global history. His book The North Korean Revolution, 1945\u20131950, published in 2003, was based largely on captured North Korean documents in the U.S. National Archives, and was a step forward for efforts to understand North Korea more at the local level and beyond more conventional Cold War or Korean War-centered approaches.[3] He has published articles in peer-reviewed journals on such subjects as Kim Il Sung's Manchurian guerrilla heritage,[4] the \"cultural Cold War\" in Korea,[5] and assessments of North Korean studies as a whole.[6] Early life Career 2/21/25, 6:55 Charles K. Armstrong - Wikipedia was investigated by Columbia,left Columbia in June 2020. 1/9 He was a visiting professor in 2008 at the Graduate School of International Studies at Seoul National University, has given keynote lectures at major Asian studies conferences,[7] and is a regular fixture in media coverage of the Korean peninsula, including documentary film and television.[8][9] In 2013, Charles Armstrong's book Tyranny of the Weak: North Korea and the World, 1950\u20131992 was published by Cornell University Press. The book sought to reassess North Korean foreign policy in the Cold War. The book received positive reviews, particularly because it appeared to draw from so many foreign archives and materials in multiple languages including Russian, Chinese, German, and Korean. The book was the 2014 winner of the John K. Fairbank Prize, given to the best book in East Asian History by the American Historical Association.[10] Beginning in September 2016, the book was severely criticized by a number of North Korea scholars (Andrei Lankov, Bal\u00e1zs Szalontai ( Brian Myers, Fyodor Tertitskiy ( and others) for deceptive scholarship.[11][12][13][14] Szalontai asserted that many parts of the text closely resemble text in Szalontai's Kim Il Sung in the Khrushchev Era and were supported by documents that either did not exist or were completely unrelated to the subject.[15] Szalontai compiled a table of 76 problematic cases[16] and later expanded the table to include 90 of such cases.[17] Soon after the allegations were made public, Armstrong responded to News that he \"did not comment on any specific issues critics have raised with the book\".[11] On December 30, 2016, Armstrong directly addressed the issues raised by the critics, stating: \"For those who find the book flawed, inaccurate or insufficiently researched, the answer is simple: write a better book.\"[18] Armstrong stated that he had submitted 52 corrections to Tyranny of the Weak to the publisher Cornell University Press and these would be included in the next printing of the book.[18] The press confirmed this with a single tweet on January 11, 2017, saying \"Charles Armstrong responds to critics, issues corrections to Tyranny of the Weak\" and linking to Armstrong's blog post.[19] However, Armstrong later deleted the post and his entire blog.[20] In June 2017, Armstrong returned the John King Fairbank Prize to the American Historical Association in response to critical queries made by the association. In its press release, the association stated that they had \"identified a set of citations that did not meet professional standards\" and that \"Dr. Armstrong has corrected the citation errors and, out of respect for the AHA, has returned the Fairbank Prize.\"[21] Columbia University made no statement at this time, but did announce on June 1 that Armstrong had been awarded a 2017 President's Global Innovation Fund Grant for work with Joseph Terwilliger on exchanges with North Korean physicians.[22] The return of the prize prompted the head of Cornell University Press to state in early July 2017 that the press would imminently issue a revised edition of the book.[23] The new edition of the book appeared in the summer of 2017, without any formal announcement from the press. The new text contained few changes to the prose, but did feature changes to dozens of footnotes now citing Szalontai's Kim Il Sung in the Khrushchev Era rather than archival documents. It also included two new sentences from Armstrong in the front matter of the text would like to add a special note of Plagiarism and source fabrication in Tyranny of the Weak 2/21/25, 6:55 Charles K. Armstrong - Wikipedia was investigated by Columbia,left Columbia in June 2020. 2/9 thanks to Dr. Bal\u00e1zs Szalontai, whose pioneering research was insufficiently acknowledged in the prior printing of this book and who pointed out to me numerous attribution errors in chapters 2 and 3 apologize for my previous oversights and gratefully acknowledge Dr. Szalontai's assistance in correcting these errors short review of the controversy was published in a collective blog Retraction Watch.[24][25] It was also covered by South Korean media,[26][27] Chinese media,[28] and the New York Post.[29] In an extensive interview in December 2019, Szalontai revealed that Armstrong had not worked in any Russian archives at all, and said \"some of the East German sources [in Tyranny of the Weak] are fake, some are not fake,\" and further discussed some of the efforts by Andrei Lankov and other scholars to methodically check Armstrong's suspicious sources.[30] In February 2020, Armstrong's 2005 article: \"'Fraternal Socialism': The International Reconstruction of North Korea, 1953\u201362\", published in the journal Cold War History, was retracted for plagiarism from Szalontai's book.[31][32] On September 10, 2019, Columbia University released a letter to faculty explaining that it had concluded a multi-part formal investigation of Armstrong's research conduct and determined that he had committed plagiarism. It further announced that Armstrong would retire at the end of 2020.[33] He left the university in June 2020. According to documents obtained by journalists Khadija Hussein and Karen Xia, Columbia's investigation concluded in January 2019 and its scope extended back to Armstrong's tenure file submitted in 2003.[33] That tenure file included draft chapters of what would ultimately become Armstrong's book Tyranny of the Weak. According to Bal\u00e1zs Szalontai, who obtained a copy of the investigation's draft report in 2018,[34] the investigation found evidence in the tenure file that Armstrong had plagiarized Szalontai's dissertation.[35 partial copy of an earlier draft of Columbia's investigation report was made public by the Retraction Watch website on September 20, 2019.[36 female student enrolled in Armstrong's 2014 Global Scholars summer course accused Armstrong of rape in 2020.[37][1] According to the university's student newspaper Columbia Spectator, Armstrong responded that the sex was consensual.[37] Columbia University's Office of Equal Opportunity and Affirmative Action conducted an internal investigation of the accusation and found Armstrong guilty of harassment and of violating the university policy prohibiting relationships between professors and students. Monographs Columbia University's investigation Sexual assault accusation Selected works 2/21/25, 6:55 Charles K. Armstrong - Wikipedia was investigated by Columbia,left Columbia in June 2020. 3/9 2017 \u2014 Tyranny of the Weak: North Korea and the World, 1950\u20131992 (first edition \"reprinted with corrections\") Withdrawn by the publisher, Cornell University Press.[38] 2013 \u2014 Tyranny of the Weak: North Korea and the World, 1950\u20131992 2006 \u2014 The Koreas (reissued in 2013/14)[39] 2003 \u2014 The North Korean Revolution, 1945-1950[40] 2005 \u2014 Korea at the Center: Dynamics of Regionalism in Northeast Asia (co-edited with Samuel S. Kim, Stephen Kotkin and Gilbert Rozman) 2002 \u2014 Korean Society: Civil Society, Democracy, and the State (textbook, reissued in 2006)[41] 2015 \u2014 \"Socialist Postmodernism: Conceptual and comparative analysis of recent representative architecture in Pyongyang, Astana and Ashgabat, 1989\u20132014,\"Tiempo devorado: revista de historia actual, Vol.2 (2), pp. 98\u2013118 (article; co-authored with Jelena Prokopljevic)[42] \"The Destruction and Reconstruction of North Korea, 1950 \u2013 1960,\" Japan Focus (article)[43] 2005 \u2014 \"'Fraternal Socialism': The International Reconstruction of North Korea, 1953\u201361,\" Cold War History May 2005, Vol.5(2), pp. 161\u2013187 (article; retracted by the journal on February 10, 2020, due to the author's 'fabrication and falsification of sources')[32] 1998 Socialism of Our Style': North Korean Ideology in a Post-Communist Era,\" in North Korean Foreign Relations in the post-Cold War Era (book chapter; editor: Samuel S. Kim)[44] 1990 \u2014 \"South Korea's 'Northern policy',\" in Pacific Review, Vol.3(1), pp. 35\u201345 (article) 2011 \u2013 \"'Juche' and North Korea's Global Aspirations,\" North Korea International Documentation Project Working Paper #1[45] 1994 \u2013 \"The Origins and Future Demise of the Democratic People's Republic of Korea,\" Norman Paterson School of International Affairs, Carleton University, 11 p. (working paper)[46] 1994 \u2014 State and Social Transformation in North Korea, 1945\u20131950 (University of Chicago) 1991 \u2013 2 Fulbright Research Grant 2000 \u2013 Fulbright Senior Scholar Research Grant.[2] 2002 \u2013 German Academic Exchange Grant, Humboldt University, Berlin 2006 \u2013 Fellow in Residence, Institute for Scholars at Reid Hall, Paris 2008 \u2013 Toyota Fellow, Seoul National University 2014 \u2013 John King Fairbank Prize, American Historical Association (returned)[21] Edited volumes and textbooks Articles and book chapters Working papers Ph.D. thesis Honors 2/21/25, 6:55 Charles K. Armstrong - Wikipedia was investigated by Columbia,left Columbia in June 2020. 4/9 1. \"Incident 8768 | Academic Sexual Misconduct Database\" ( abase.org/incident/8768). academic-sexual-misconduct-database.org. Retrieved December 5, 2021. 2. Columbia University, faculty bio notes ( lty.html) Archived ( ry/fac-bios/Armstrong/faculty.html) October 18, 2010, at the Wayback Machine 3. Dennehy, Kristine (2003). \"The North Korean Revolution, 1945\u20131950 (review)\". Korean Studies. 27 (1): 138\u2013139. doi:10.1353/ks.2005.0005 ( 1529-1529 ( S2CID 162304773 ( anticscholar.org/CorpusID:162304773). 4. Armstrong, Charles (1995). \"Centering the Periphery: Manchurian Exile(s) and the North Korean State\". Korean Studies. 19: 1\u201316. doi:10.1353/ks.1995.0017 ( 0017 23719136 ( S2CID 154659765 ( emanticscholar.org/CorpusID:154659765). 5. Armstrong, Charles (February 2003). \"The Cultural Cold War in Korea, 1945-1950\". Journal of Asian Studies. 62 (1): 71\u201399. doi:10.2307/3096136 ( 3096136 ( 6. Armstrong, Charles K. (May 2011). \"Trends in the Study of North Korea\". The Journal of Asian Studies. 70 (2): 357\u2013371. doi:10.1017/S0021911811000027 ( 1811000027 1752-0401 ( S2CID 162656969 ( 7. \"The Korean War and the East Asian Peace by Professor Charles Armstrong (Columbia University)\" ( korean-war-and-the-east-asian-peace-by-professor-charles-armstrong-columbia-university.html University of London. Archived from the original ( an-war-and-the-east-asian-peace-by-professor-charles-armstrong-columbia-university.html) on March 1, 2021. Retrieved September 13, 2019. 8. \"Who Are They? \u2013 Some Historical Perspective | Kim's Nuclear Gamble\" ( h/pages/frontline/shows/kim/them/historical.html). PBS. Archived ( 70906135302/ from the original on September 6, 2017. Retrieved September 13, 2019. 9. Stanford University, Walter H. Shorenstein Asia-Pacific Research Center, North Korea in The Cold War International System,\" ( onal_system/) Archived ( nts/north_korea_in_the_cold_war_international_system/) July 20, 2011, at the Wayback Machine April 10, 2009. 10. \"John K. Fairbank Prize Recipients\" ( john-k-fairbank-prize-recipients). Archived ( ww.historians.org/awards-and-grants/past-recipients/john-k-fairbank-prize-recipients) from the original on April 6, 2019. Retrieved September 11, 2019. 11. Hotham, Oliver (September 30, 2016). \"Ivy League professor accused of discrepancies in North Korea book\" ( north-korea-book/). Archived ( rg/2016/09/ivy-league-professor-accused-of-discrepancies-in-north-korea-book/) from the original on March 24, 2019. Retrieved September 11, 2019. References 2/21/25, 6:55 Charles K. Armstrong - Wikipedia was investigated by Columbia,left Columbia in June 2020. 5/9 12. Lankov, Andrei (October 5, 2016). \" \"Tyranny of the Weak\": The row engulfing North Korean studies\" ( dies/). Archived ( ranny-of-the-weak-the-row-engulfing-north-korean-studies/) from the original on March 24, 2019. Retrieved September 11, 2019. 13. Myers, Brian (September 13, 2016). \"Revoking a Recommendation\" ( php/2016/09/13/revoking-a-recommendation-b-r-myers/). Archived ( 3185618/ from the original on September 13, 2019. Retrieved January 10, 2017. 14. Tertitskiy, Fyodor (December 13, 2016). \"Speaking truth to power: The biggest scandal in Korean studies should be talked about\" ( k03600/). Archived ( h/read.php?num=14242&cataId=nk03600%2F) from the original on January 10, 2017. Retrieved September 25, 2019. 15. Szalontai, Balazs. \"Re-revised posting \"Revoking a Recommendation\" \" ( eb/20161005100342/ September/036571.html). Archived from the original ( dies_koreanstudies.com/2016-September/036571.html) on October 5, 2016. Retrieved October 3, 2016. 16. Szalontai, Balazs Table of 76 Examples of Source Fabrication, Plagiarism, and Text-Citation Disconnects in Charles K. Armstrong's Tyranny of the Weak (2013)\" ( ntent/uploads/2016/09/Tyranny-of-the-Weak_Table-of-76-Cases.pdf) (PDF). Archived ( archive.org/web/20171207071556/ the-Weak_Table-of-76-Cases.pdf) (PDF) from the original on December 7, 2017. Retrieved September 11, 2019. 17. Szalontai, Balazs. \"Invalid Source Citations in Charles K. Armstrong' s Tyranny of the Weak Table of 90 Cases\" ( Archived ( 20170716111527/ mstrong_s_Tyranny_of_the_Weak_A_Table_of_90_Cases) from the original on July 16, 2017. Retrieved September 11, 2019. 18. Armstrong, Charles. \"Corrections to Tyranny of the Weak\" ( 005201/ Charles Armstrong's blog. Archived from the original ( s-to-tyranny-of-the-weak/) on January 7, 2017. 19. Cornell University Press [@cornellpress] (January 11, 2017). \"Charles Armstrong responds to critics, issues corrections to Tyranny of the Weak \u2026 #NorthKorea\" (h ttps://web.archive.org/web/20190913185939/ 678336?lang=en) (Tweet). Archived from the original ( 409678336) on September 13, 2019 \u2013 via Twitter. 20. McCook, Alison (April 20, 2018). \"After issuing dozens of corrections to high-profile book, historian shuts down his blog\" ( o-high-profile-book-historian-shuts-down-his-blog/). Retraction Watch. Retrieved September 13, 2019. 21. \"2014 Fairbank Prize Returned\" ( ze-returned). historians.org. June 29, 2017. Archived ( 59/ from the original on March 24, 2019. Retrieved April 12, 2019. 2/21/25, 6:55 Charles K. Armstrong - Wikipedia was investigated by Columbia,left Columbia in June 2020. 6/9 22. \"Charles K. Armstrong Receives 2017 President's Global Innovation Fund Grant from Columbia\" ( om-columbia/). weai.columbia.edu. Archived ( weai.columbia.edu/charles-k-armstrong-receives-2017-presidential-innovation-fund-grant-from-col umbia/) from the original on September 7, 2019. Retrieved September 13, 2019. 23. \"History book award returned amid questions about citation errors\" ( m/news/2017/07/05/history-book-award-returned-amid-questions-about-citation-errors). July 5, 2017. Archived ( tps:// ut-citation-errors) from the original on September 7, 2019. Retrieved September 13, 2019. 24. McCook, Alison (October 13, 2016). \"Criticism swirls around high-profile history book about North Korea\" ( north-korea/). Retraction Watch. Archived ( actionwatch.com/2016/10/13/criticism-swirls-around-high-profile-history-book-of-north-korea/) from the original on September 7, 2019. Retrieved September 11, 2019. 25. McCook, Alison (January 31, 2017). \"High-profile book on North Korea earns 52 corrections\" (htt p://retractionwatch.com/2017/01/31/high-profile-book-north-korea-earns-52-corrections/#more-479 36). Retraction Watch. Archived ( atch.com/2017/01/31/high-profile-book-north-korea-earns-52-corrections/#more-47936) from the original on July 23, 2019. Retrieved September 11, 2019. 26. \ubbf8\uad6d\uc758 \ub300\ud45c\uc801\uc778 \ubd81\ud55c\ud559\uc790 \ucc30\uc2a4 \uc554\uc2a4\ud2b8\ub871\uc774 \ud45c\uc808 \uc758\ud639\uc5d0 \ud718\ub9d0\ub838\ub2e4 ( 016/10/07/story_n_12382944.html) [Charles Armstrong, a prominent North Korean scholar entangled in suspicions of plagiarism]. The Huffington Post (in Korean). October 7, 2016. Archived ( 12382944.html) from the original on March 24, 2019. Retrieved April 12, 2019. 27. \uc554\uc2a4\ud2b8\ub871 \ucf5c\ub7fc\ube44\uc544\ub300 \uad50\uc218\uac00 \uc790\uc2e0\uc758 \ud45c\uc808 \uc2dc\ube44\uc5d0 \ub300\ud574 \ub2f5\ud588\ub2e4 ( 01/11/-_n_14075052.html) [Columbia University professor Armstrong responded to the plagiarism dispute over his work]. The Huffington Post (in Korean). January 11, 2017. Archived ( rchive.org/web/20190324034003/ from the original on March 24, 2019. Retrieved April 12, 2019. 28. Fu Shiye \u5085\u9002\u91ce (October 11, 2016). \u88ab\u4e3e\u62a5\u7684\u54e5\u5927\u6559\u6388\u56de\u5e94\u6f8e\u6e43\u65b0\u95fb\uff1a\u518d\u7248\u65f6\u5c06\u66f4\u6b63\u811a\u6ce8\u9519\u8bef (htt ps:// The Paper (in Chinese). Archived ( eb.archive.org/web/20171110220935/ from the original on November 10, 2017. Retrieved September 17, 2019. 29. Klein, Melissa (October 12, 2019). \"Columbia professor booted for plagiarizing book on North Korea\" ( korea/). New York Post. Retrieved December 11, 2019. 30 history and plagiarism in Korean Studies \u2013 NKNews Podcast Ep.106\" ( s.org/category/north-korea-news-podcast/older-podcasts/dprk-history-and-plagiarism-in-korean-st udies-nknews-podcast-ep-106/870117 News. Retrieved December 11, 2019. 31. Marcus, Adam (February 20, 2020). \"Disgraced Korea scholar, formerly of Columbia, loses paper for plagiarism\" ( bia-loses-paper-for-plagiarism/). Retraction Watch. Retrieved February 23, 2020. 32. \"Statement of Retraction: '\"Fraternal Socialism\": The International Reconstruction of North Korea, 1953\u201362' \" ( Cold War History. 20 (2): 253. February 10, 2020. doi:10.1080/14682745.2020.1724643 ( 080%2F14682745.2020.1724643) (inactive November 1, 2024 1468-2745 ( worldcat.org/issn/1468-2745). 2/21/25, 6:55 Charles K. Armstrong - Wikipedia was investigated by Columbia,left Columbia in June 2020. 7/9 33. \"History professor Charles Armstrong found guilty of plagiarism, to retire in 2020\" ( pectator.com/news/2019/09/12/history-professor-charles-armstrong-found-guilty-of-plagiarism-to-r etire-in-2020/). Columbia Daily Spectator. Archived ( 6/ -guilty-of-plagiarism-to-retire-in-2020/) from the original on September 13, 2019. Retrieved September 13, 2019. 34. \"Award-winning North Korea scholar plagiarized sources, university finds\" ( g/2019/09/award-winning-north-korea-scholar-plagiarized-sources-university-finds News. September 11, 2019. Archived ( s.org/2019/09/award-winning-north-korea-scholar-plagiarized-sources-university-finds/) from the original on September 13, 2019. Retrieved September 13, 2019. 35. \"The Failure of De-Stalinization in North Korea, 1953\u20131964. The In a Comparative Perspective. | Central European University\" ( rchive.ceu.hu/node/44934). archive.ceu.hu. Archived from the original ( 44934) on February 24, 2020. Retrieved September 13, 2019. 36. \"Columbia historian stepping down after plagiarism finding\" ( 7/columbia-historian-stepping-down-after-plagiarism-finding/). Retraction Watch. September 20, 2019. Archived ( 9/17/columbia-historian-stepping-down-after-plagiarism-finding/) from the original on September 22, 2019. 37. \"Julie Moon's professor faced no consequences for her alleged rape. Now, she is supporting other survivors of sexual assault in their search for justice \u2013 Columbia Spectator\" ( g/web/20210924123849/ sor-faced-no-consequences-for-her-alleged-rape-now-she-is-supporting-other-survivors-of-sexual- assault-in-their-search-for-justice/). September 24, 2021. Archived from the original ( olumbiaspectator.com/news/2021/09/24/julie-moons-professor-faced-no-consequences-for-her-all eged-rape-now-she-is-supporting-other-survivors-of-sexual-assault-in-their-search-for-justice/) on September 24, 2021. Retrieved December 5, 2021. 38. \"Browse Books, Authors, and Articles\" ( Cornell University Press. Retrieved February 23, 2023. 39. Armstrong, Charles K. (2014). The Koreas ( EBSCOhost (Second ed.). New York: Routledge 978-1-136-16132-2. 40. \"Product Details\" ( Cornell University Press. Retrieved November 25, 2019. 41. \"Korean Society: Civil Society, Democracy and the State\" ( ety-Civil-Society-Democracy-and-the-State/Armstrong-Armstrong/p/book/9780415770583 Press. Retrieved November 25, 2019. 42. Prokopljevic, Jelena; Armstrong, Charles K. (July 19, 2015). \"Socialist Postmodernism. Conceptual and comparative analysis of recent representative architecture in Pyongyang, Astana and Ashgabat, 1989\u20132014\" ( Tiempo Devorado. 2 (2): 210\u2013231. doi:10.5565/rev/tdevorado.27 ( orado.27 2385-5452 ( S2CID 143220888 (http s://api.semanticscholar.org/CorpusID:143220888). 43. \"The Destruction and Reconstruction of North Korea, 1950 \u2013 1960'1950\u20131960 | The Asia-Pacific Journal: Japan Focus\" ( apjjf.org. Retrieved November 25, 2019. 44. Kim, Samuel S.; Armstrong, Charles K., eds. (1998). North Korean foreign relations in the post- Cold War era ( ign%20relations%20in%20the%20post-Cold%20War%20era)&offset=1&max=241289). Hong Kong; New York: Oxford University Press 978-0-19-590604-2. 2/21/25, 6:55 Charles K. Armstrong - Wikipedia was investigated by Columbia,left Columbia in June 2020. 8/9 45. \"Juche and North Korea's Global Aspirations\" ( north-koreas-global-aspirations). Wilson Center. July 7, 2011. Retrieved November 25, 2019. 46. Armstrong, Charles K. (1994). The origins and future demise of the Democratic People's Republic of Korea ( Occasional paper series; no. 5, 1994. Ottawa, Ont.: Norman Paterson School of International Affairs, Carleton University. Retrieved from \" 2/21/25, 6:55 Charles K. Armstrong - Wikipedia was investigated by Columbia,left Columbia in June 2020. 9/9", "8768_102.pdf": "History professor Charles Armstrong found guilty of plagiarism, to retire in 2020 By Kali Duffy / File Photo Armstrong, who is on sabbatical for the 2019-2020 academic year, will retire at the end of 2020 11, 2019 11:01 History professor Charles Armstrong cited nonexistent or irrelevant sources in at least 61 instances in his 2016 book, \u201cTyranny of the Weak: North Korea and the World, 1950\u2013 Share 2/21/25, 6:55 History professor Charles Armstrong found guilty of plagiarism, to retire in 2020 1/9 1992,\u201d according to the findings of an investigation by the University\u2019s Standing Committee on the Conduct of Research. In a letter sent to select faculty on Tuesday, Interim Executive Vice President of the Arts and Sciences Maya Tolstoy announced that Armstrong, who is on sabbatical for the 2019-2020 academic year, will retire at the end of 2020. Armstrong, a tenured professor who specializes in modern Korean, East Asian, and international history, has faced public accusations of source fabrication in \u201cTyranny of the Weak\u201d since 2016, when professor Balazs Szalontai of Korea University filed a formal complaint to Columbia alleging that the book included 76 cases of academic misconduct. In 2017, Szalontai raised the total number of cases to 98 after finding an additional number of problems in the work. Though Columbia\u2019s Institutional Policy on Misconduct in Research states that an investigation should be completed within 120 days of its initiation, and the adjudication should be completed within 60 days, the University declined to comment publicly on the case for nearly two years after Szalontai filed the case to former Provost John Coatsworth. The University declined to comment on why proceedings took longer than the timeline outlined within its own policies. \u201cThere is no higher value at Columbia than ensuring the credibility of our scholarship,\u201d a Columbia spokesperson said in a statement. \u201cProfessor Armstrong is no longer teaching or supervising Columbia students.\u201d Armstrong continued to teach classes through spring 2019, even receiving a President\u2019s Global Innovation Fund grant in 2017. In response, a number of professors both within and outside Columbia pointed to the allegations as undermining the integrity of the history department. In January 2019, the Standing Committee on the Conduct of Research finalized its recommendations for action to be taken in response to Armstrong\u2019s misconduct, according to documents obtained by Spectator. The documents also outline how a number of the chapters in question were submitted as part of Armstrong\u2019s tenure application in 2003. The committee\u2019s recommendations, which were implemented starting April 9, included notifying the American History Association, Cornell Press, and the Weatherhead East Asian Institute of the outcome of the investigation, modifying Armstrong\u2019s book to 2/21/25, 6:55 History professor Charles Armstrong found guilty of plagiarism, to retire in 2020 2/9 indicate that corrections had been made, and stopping the usage of either version of \u201cTyranny of the Weak\u201d as a textbook for Columbia courses. Though the committee also suggested that findings be publicly announced, citing the widespread nature of the allegations, Tolstoy\u2019s statement was not shared with faculty outside of relevant departments. \u201cGenerally, findings of research misconduct are communicated to the public through retractions or corrections published in the scholarly literature. Where such a retraction is not feasible, the University may choose to notify the relevant community,\u201d Tolstoy\u2019s letter read. After multiple rounds of review by the Executive Vice President for Research Compliance, Training and Policy Naomi Schrag and Provost Coatsworth, the University declared that the research misconduct case was closed on April 9 and ultimately announced that Armstrong would retire. When enforcing punitive measures against tenured faculty, the University has never completed the process required by its statutes to remove a faculty\u2019s tenure rights, a Spectator investigation found last spring. The best case outcome for disciplinary proceedings, ranging from academic misconduct to sexual assault, is often the retirement of a faculty member\u2014negotiated between University representatives and the faculty members themselves. In response to the findings, Armstrong said he had not yet seen the letter sent by Tolstoy, but that he apologized for the errors in his work deeply regret the shortcomings of my research and the issues found in my book, which have done my best to address and correct,\u201d Armstrong wrote in a statement to Spectator. Senior staff writer Khadija Hussain can be contacted at [email protected]. Follow Spectator on Twitter @ColumbiaSpec. 2/21/25, 6:55 History professor Charles Armstrong found guilty of plagiarism, to retire in 2020 3/9 News editor Karen Xia can be contacted at [email protected]. Follow her on Twitter @xia_karen. More In News Micah Lasher sworn in as District 69 Assembly member 21 2/21/25, 6:55 History professor Charles Armstrong found guilty of plagiarism, to retire in 2020 4/9 The University Senate, explained 20 2/21/25, 6:55 History professor Charles Armstrong found guilty of plagiarism, to retire in 2020 5/9 Armstrong, Olinto meet with Israeli Minister of Education Yoav Kisch 20 Editor's Picks Spectator announces 149th managing board 11, 2024 2/21/25, 6:55 History professor Charles Armstrong found guilty of plagiarism, to retire in 2020 6/9 Columbia President Minouche Shafik resigns amid campus turmoil over war in Gaza 14, 2024 Our Campus. Our Crisis 4, 2024 2/21/25, 6:55 History professor Charles Armstrong found guilty of plagiarism, to retire in 2020 7/9 sweeps occupied Hamilton Hall, arrests dozens 30, 2024 Dozens occupy Hamilton Hall as pro-Palestinian protests spread across campus 29, 2024 2/21/25, 6:55 History professor Charles Armstrong found guilty of plagiarism, to retire in 2020 8/9 Copyright Spectator Publishing Company. All rights reserved. 490 Riverside Drive, Rm 414, New York 10027 Subscribe to our newsletter. Email Address Subscribe About Us Usage Rights Contact Us AdvertiseDonateJoinDEI 2/21/25, 6:55 History professor Charles Armstrong found guilty of plagiarism, to retire in 2020 9/9", "8768_103.pdf": "Khadija Hussain 2/21/25, 6:56 Columbia Daily Spectator 1/11 History professor Charles Armstrong found guilty of plagiarism, to retire in 2020 11, 2019 History professor Charles Armstrong cited nonexistent or irrelevant sources in at least 61 instances in his 2016 book, \u201cTyranny of the Weak: North Korea and the World, 1950\u20131992,\u201d according to the findings of an investigation by the University\u2019s Standing Committee on the Conduct of Research. 2/21/25, 6:56 Columbia Daily Spectator 2/11 Up against the invincible professor was convicted of sexual misconduct. Why is he still on campus 11, 2019 Women speak up tenured professor is accused of sexual misconduct. Who does the University protect? 2/21/25, 6:56 Columbia Daily Spectator 3/11 Public Safety investigating report of a nonconsensual filming in Broadway Hall bathroom 6, 2019 Public Safety has opened an investigation into a report of a nonconsensual filming in a women\u2019s bathroom of Broadway Hall, according to an email sent to Columbia College and Engineering students Wednesday evening. 2/21/25, 6:56 Columbia Daily Spectator 4/11 laundry service suspended for at least two weeks 12, 2019 Students in East Campus will be forced to do their laundry in Wien Hall or other undergraduate residence halls while the building\u2019s laundry services are undergoing repair. 2/21/25, 6:56 Columbia Daily Spectator 5/11 Amid public allegations of plagiarism, reputation and academic integrity of Korean studies program face scrutiny 28, 2019 History professor Charles Armstrong, who specializes in modern Korean, East Asian, and international history, has faced accusations of source fabrication, plagiarism, and falsifying sources in his 2013 book, \u201cTyranny of the Weak: North Korea and the World, 1950\u20131992,\u201d since 2016. 2/21/25, 6:56 Columbia Daily Spectator 6/11 Carman Hall residence vandalized with anti-black slur in early December 18, 2018 An unknown perpetrator tore an air vent cover off the wall, marked it with an anti-black racial slur, and placed it outside the front of a black resident\u2019s door in Carman Hall earlier this month. 2/21/25, 6:56 Columbia Daily Spectator 7/11 receive highest number of early applicants ever 13, 2018 The Office of Undergraduate Admissions received 4,461 early decision applications to Columbia College and the Fu Foundation School of Engineering and Applied Science for the class of 2023, the highest number of early applicants in Columbia\u2019s history. Copyright Spectator Publishing Company. All rights reserved. 490 Riverside Drive, Rm 414, New York 10027 Subscribe to our newsletter. Email Address Subscribe About Us Usage Rights Contact Us AdvertiseDonateJoinDEI 2/21/25, 6:56 Columbia Daily Spectator 8/11 Off the radar: At public schools where Columbia doesn\u2019t recruit, applicants face uphill battle 20, 2018 To Rashel Mejia \u201922, who grew up in the Bronx and went to high school just 20 minutes away from Morningside Heights, Columbia\u2019s campus seemed insurmountably distant. 2/21/25, 6:56 Columbia Daily Spectator 9/11 Man arrested for flashing student in Uris bathroom 9, 2018 man was arrested on Columbia\u2019s campus following a report of public lewdness in Uris Hall Saturday night. 2/21/25, 6:56 Columbia Daily Spectator 10/11 New national policy will ban hard alcohol in Columbia frats by 2019 6, 2018 nationally mandated policy will ban hard alcohol from all fraternities by September 2019, including almost all fraternities at Columbia 2/21/25, 6:56 Columbia Daily Spectator 11/11"} |
7,779 | Walker S. Carlos Poston II | University of Missouri – Kansas City | [
"7779_101.pdf",
"7779_102.pdf",
"7779_103.pdf"
] | {"7779_101.pdf": "Two Professors Speak Out About Resignations By \u2014 Associated Press, cmaadmin (EDU) Aug 18, 2008 CITY, Mo. Two tenured professors accused of sexual harassment at the University of Missouri-Kansas City said they resigned to protect their families and because they couldn\u2019t afford to continue defending themselves against the university. The university last year settled a sexual harassment lawsuit that centered around the professors for $1.1 million. Psychology professors C. Keith Haddock and Walker S. Carlos Poston said they deny they sexually harassed a former graduate student and a faculty member or created a hostile atmosphere in the psychology lab they ran did not resign because was guilty of anything,\u201d Poston said resigned because was told that was the only way to get a letter that says didn\u2019t do it.\u201d Create a free account 2/21/25, 6:57 Two Professors Speak Out About Resignations | Diverse: Issues In Higher Education 1/7 The resignation agreement provides for the professors to be paid through the end of their contract year, Aug. 31, 2009, and for them to fulfill their remaining academic obligations. Haddock and Poston will avoid tenure-revocation and dismissal proceedings, the university said in announcing the resignations. The two agreed not to reapply for jobs with UMKC. Sexual harassment complaints filed in 2005 triggered two internal investigations, neither of which has been made public. The complaints accused Haddock and Poston of groping, fondling and subjecting women to explicit sexual conversations in UMKC\u2019s psychology lab, where they supervised the staff. Two women who worked at the lab, an associate professor and a doctoral student, eventually sued the university, alleging it failed to respond in a timely way to the complaints. Dr. Linda Garavalia, an associate professor of psychology and one of the women who filed the lawsuit, said she was surprised to hear about the resignations thought they would fight it out,\u201d Garavalia said. \u201cIf you weren\u2019t guilty, then why not go through with it. If there was no evidence against them, then what would it cost? What would they have to defend against would never give up my tenure if were innocent.\u201d Two investigations by the affirmative action office were inconclusive. The university\u2019s lawyers have not allowed the professors to see details of the findings from those investigations and denied open records requests. The professors said they are tired after nearly four years under investigation. \u201cThis investigation was not easy on anyone,\u201d Haddock said. He said his family had been threatened and his students who continued to work with him in the lab were harassed after details of the alleged sexual harassment surfaced. 2/21/25, 6:57 Two Professors Speak Out About Resignations | Diverse: Issues In Higher Education 2/7 He said he agreed to leave \u201cbecause thought would have to go through another investigation didn\u2019t want to do that didn\u2019t have the financial resources to battle the university system.\u201d Click here to post and read comments \u00a9 Copyright 2005 by DiverseEducation.com Nikole Hannah-Jones, Ta-Nehisi Coates Head to Howard 6, 2021 Faculty Institutional Decision-Making Power Drops, Yet Departmental Power Rises 2/21/25, 6:57 Two Professors Speak Out About Resignations | Diverse: Issues In Higher Education 3/7 Featured Jobs Nikole Hannah-Jones, Ta- Nehisi Coates Head to Howard Nikole Hannah-Jones No Longer Has Immediate Tenure at UNC. What After Fighting to Gain Tenure, Dr. Paul Harris Leaves on His Own Terms Imposter Syndrome Buzzword with Damaging Consequences Precarious, Unequal Tipping Point for Faculty Nikole Hannah-Jones, Ta-Nehisi Coates Head to Howard Nikole Hannah-Jones Tells She Won\u2019t Teach Without Tenure 2/21/25, 6:57 Two Professors Speak Out About Resignations | Diverse: Issues In Higher Education 4/7 Premium Employers Executive Director, Mays Cancer Center The University of Texas The Legacy for Airway Health Chair in Health Communication Simon Fraser University Clinical Assistant/Associate Professor Of Financial Planning New York University School of Professional Studies Aviation - Adjunct Faculty Community College of Baltimore County Architectural Designer Binghamton University Assistant Professor, Health and Health Education Coppin State University The trusted source for all job seekers We have an extensive variety of listings for both academic and non-academic positions at postsecondary institutions 2/21/25, 6:57 Two Professors Speak Out About Resignations | Diverse: Issues In Higher Education 5/7 1 Journalism Dean Navigates Diversity Mission Amid Restrictions 2 Directive to Dismiss Diversity, Equity and Inclusion Practices Presents Opportunity to Define and Seek Equity 3 Community College Leader Dr. Walter Bumphus to Step Down After Transformative Era 4 Boston College Names Father Jack Butler as 26th President 5 Civil Rights Group Details Opposition to McMahon Education Nomination 6 Civil Rights Coalition Mounts Opposition to McMahon Education Secretary Nomination Diverse Daily and Weekly Recap e-Newsletters Keeping you abreast of late-breaking news and insights. Email [email protected] Topics Editor's Note Students Faculty & Staff Leadership & Policy Sports Resources Podcasts Opinion Diverse Talk Live! Webcasts Community Colleges Health 2/21/25, 6:57 Two Professors Speak Out About Resignations | Diverse: Issues In Higher Education 6/7 Follow Diverse: Issues In Higher Education Privacy Policy | Site Map \u00a9 2025 Cox Matthews and Associates, Inc. All rights reserved. Demographics Institutions Jobs Military Keep it Real Shop Testimonials Awards & Honors Arthur Ashe Jr. Diverse Champions Dr. John Hope Franklin Award Emerging Scholars Rising Graduate Scholars Most Promising Places to Work: Community Colleges Most Promising Places to Work: Student Affairs Top 100 Top Women About Advertise Press Releases About Us Contact Us Subscribe Editorial Calendar 2/21/25, 6:57 Two Professors Speak Out About Resignations | Diverse: Issues In Higher Education 7/7", "7779_102.pdf": "Professors resign after harrassment settlement Staff Writer Columbia Daily Tribune Published 12:01 a.m Aug. 12, 2008 (AP) - One year after the University of Missouri-Kansas City settled a sexual harassment lawsuit for $1.1 million, two tenured professors at the center of the case have agreed to resign. The agreement provides for psychology professors C. Keith Haddock and Walker S. Carlos Poston to be paid through the end of their contract year - Aug. 31, 2009 - and for them to fulfill their remaining academic obligations. Haddock and Poston will avoid tenure-revocation and dismissal proceedings, the university said in announcing the resignations yesterday. The two agreed not to reapply for jobs with UMKC. \"This agreement provides the opportunity for all parties to move forward with the mission of educating students and advancing research without the distraction of a protracted proceeding before a faculty committee,\" Gail Hackett, provost and vice chancellor for academic affairs, said in a statement. Sexual harassment complaints filed in 2005 triggered two internal investigations, neither of which has been made public. The complaints accused Haddock and Poston of groping, fondling and subjecting women to explicit sexual conversations in UMKC's psychology lab, where they supervised the staff. Two women who worked at the lab - an associate professor and a doctoral student - eventually sued the university, alleging it failed to respond in a timely way to the complaints. UMKC's affirmative action officer, Grace Hernandez, conducted the second investigation after the lawsuit was settled in 2007. Dozens of students, faculty and staff members were 2/21/25, 6:57 Professors resign after harrassment settlement 1/2 interviewed. In its statement yesterday said that \"because of significantly conflicting testimony among the witnesses, (Hernandez) felt the evidence was inconclusive\" as to whether Haddock and Poston had created a hostile work environment. The statement did not say why the university planned to initiate tenure-revocation proceedings if the evidence was inconclusive. In an e-mail message yesterday, an attorney for Haddock and Poston, Karen Glickstein, said Hernandez's investigation \"failed to substantiate that any sexual harassment, exploitation or hostile environment occurred\" in the men's laboratory. Copyright 2008 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. 2/21/25, 6:57 Professors resign after harrassment settlement 2/2", "7779_103.pdf": "settles sexual harassment suit for $1.1 million By The Kansas City Star Megan Pinkston-Camp et al. v (Warning: Content may offend some readers) The work environment at a laboratory in UMKC\u2019s psychology department was so sexually charged that at least five women left in recent years after nothing was done about it. Now the University of Missouri-Kansas City has done something, agreeing to pay $1.1 million to two of those women to settle an explosive lawsuit. According to the suit, the two psychology professors who headed the lab \u2014 C. Keith Haddock and Walker S. Carlos Poston \u2014 created a hostile environment by seeking sexual favors, circulating torture videos and pornography, and physically intimidating female lab students and employees. But even though the university has agreed to pay what may be the largest amount it has ever shelled out in a sexual harassment case, the two men remain in charge of the lab, although it has been moved from UMKC\u2019s psychology department to its medical school. In fact, not long after the men moved from the psychology department to the medical school in late 2005, they were promoted from associate professors to full professors and given raises \u2014 from $76,707 to $101,707 in Poston\u2019s case and from $75,876 to $93,376 in Haddock\u2019s case. In a written statement to The Kansas City Star said that \u201cthe charge of sexual harassment is serious and the University of Missouri-Kansas City remains committed to due process in this matter. In our commitment to providing an appropriate environment, we are re-examining all information that was revealed during the litigation to determine if further action is needed didn\u2019t elaborate on what further action it might take. \u201cAs a matter of procedure,\u201d it said does not comment on litigation.\u201d The school, however, has expressly denied liability in the case. The lawsuit was filed a year ago in Jackson County Circuit Court by Linda S. Garavalia, an associate professor in the psychology department, and Megan Pinkston-Camp, a one-time doctoral student in the department who has since left and now lives in Maryland. In often graphic terms, the suit described an environment at the lab, then known as the Health Research Group, in which women were groped, fondled, subjected to explicit sexual comments and sexual advances, and generally made to understand that they needed to go along with the professors\u2019 behavior if they wanted to advance their careers. \u201cThese were very smart, very educated women,\u201d said Kansas City attorney Tammy Horn, who, with her partner Carrie Brous, represented Garavalia and Pinkston-Camp. \u201cThey were physically scared and they were scared about their careers. And they had no idea where to go for help.\u201d Haddock, who has a doctorate in clinical psychology from the University of Memphis, and Poston, who has a doctorate in counseling psychology from the University of California-Santa Barbara, work mainly in the areas of obesity epidemiology and tobacco control. Neither returned calls seeking comment. Haddock was chairman and Poston was associate chairman of UMKC\u2019s psychology department before they rotated out in mid-2004. In late 2005, after the plaintiffs complained about their behavior, the men, at their request, were transferred to the medical school, where they were offered tenured faculty positions in the department of informatic medicine. Both are large revenue generators for the university, mainly in the form of government grants, according to deposition testimony in the case. The story of Garavalia\u2019s and Pinkston-Camp\u2019s experiences at the Health Research Group appears to have been as much about their inability to obtain redress from the university as about the inappropriate behavior that took place in the lab. \u201cDr. Garavalia watched as multiple women felt they had no choice but to abandon their research efforts, dissertations, theses, grant opportunities, etc. to escape the sexually hostile environment created by Haddock and Poston,\u201d Horn said. In deposition testimony, the current head of UMKC\u2019s psychology department, Diane Filion, said that she went to six different people and an outside lawyer seeking help for the women. Eventually, Pinkston-Camp was directed to the head of UMKC\u2019s Affirmative Action Office, Darlene Scott-Scurry, who conducted an investigation that some psychology faculty members later called insufficiently thorough. Scott-Scurry never interviewed Garavalia, for example, or any other member of the psychology faculty besides Haddock and Poston. She spoke to only 11 of the 18 people who Pinkston-Camp told her were familiar with the situation in the lab. After finishing her investigation, Scott-Scurry wrote to Haddock and Poston that \u201ctestimony revealed that certain behaviors were occurring in the laboratory that had no place in a university environment.\u201d But she concluded that there was \u201cinsufficient evidence\u201d of a sexually hostile environment. Scott-Scurry has since left and taken a similar position at the University of Virginia. She did not respond to requests for comment. At least one psychology department member, associate professor Kathy Goggin, was alarmed enough by the harassment allegations to inform the Missouri State Committee of Psychologists \u2014 the state agency responsible for overseeing the practice of psychology in Missouri \u2014 of the complaints became involved when asked to assist students and junior faculty to leave Drs. Haddock and Poston\u2019s laboratory following what they perceived to be inappropriate behavior while under Drs. Haddock and Poston\u2019s supervision,\u201d she wrote the committee. Goggin went on to say that she had \u201cno personal knowledge of the most serious of these complaints\u201d and was therefore not filing a formal complaint. But she said she expected a formal complaint to be filed by the women. Goggin could not be reached for comment. Pinkston-Camp, who worked at the lab from August 2003 to June 2005, acknowledged that she eventually submitted to Poston\u2019s advances and had physical contact with him, though not sexual intercourse, on three occasions. But in an occasionally emotional telephone interview last week, she said she felt obliged to do so because of his power to make or break her career. \u201cHe was my supervisor,\u201d she said. \u201cHe was the one depended on for my research career, for everything.\u201d The last straw, she said, came when Poston scheduled a conference trip for the two of them in May 2005 and booked adjoining rooms at the conference hotel before, during and after the conference. She said she remained at the lab for a while longer because she didn\u2019t know where to turn and was too scared for her physical safety to leave. \u201cThey talked all the time about killing people, about hurting people, about how you look sexually, about their sexual preferences,\u201d Pinkston-Camp said. \u201cThey\u2019d bring up porn images on the computer screen to share with you.\u201d Pinkston-Camp and Garavalia said that they were subjected to choke holds by the professors, supposedly in \u201cgood fun,\u201d and that the men circulated torture videos showing animals being dismembered. Horn and Brous, the women\u2019s attorneys, said that Haddock and Poston had created a \u201ccult environment\u201d in which they used their power and threats of violence to control and dominate women in the lab. The cult, as Garavalia and Pinkston-Camp described it in the suit, extended to two other members of the lab \u2014 both of them women \u2014 who were involved in consensual relationships with Haddock and allegedly received special treatment as a result. Garavalia, who worked in the lab from January 2004 to February 2005 and recently received the dean\u2019s outstanding teaching award, said she was never overtly propositioned by Haddock or Poston. But she said she was told by them that she needed to be more of a \u201cteam player\u201d and saw them kissing and massaging other women in the lab, grabbing women from behind in choke holds, and referring to female students as \u201csluts.\u201d \u201cThere was a lot of pressure to conform,\u201d she said. \u201c \u2026 There were no demands at first. And then slowly things escalated and there were these expectations.\u201d In sworn statements provided in the lawsuit, three other female students \u2014 their names were redacted for privacy reasons \u2014 backed up Garavalia\u2019s and Pinkston-Camp\u2019s allegations, describing an environment rife with graphic sexual banter and intimidating behavior heard Dr. Haddock say that he would kill someone if he needed to, he knew how to take care of killing people and he knew people who could kill people,\u201d one of the women said in her sworn statement saw a video on Dr. Haddock\u2019s computer of a fight between at least two people and one of the fighter\u2019s eyeballs was hanging out of his head. Dr. Haddock was calling other lab employees to view the violent video.\u201d Garavalia and Pinkston-Camp said they repeatedly tried to bring the situation at the lab to the university\u2019s attention. But they said they either didn\u2019t know where to turn or ran into bureaucratic obstacles. Filion, the psychology department head who tried to help the women, testified that she didn\u2019t know the university had an Equal Opportunity/Affirmative Action Office. It was only last year that University of Missouri administrators got around to announcing a policy prohibiting \u201camorous relationships\u201d between university employees and students or between supervisors and subordinates. Administrators said the policy was needed to maintain a professional atmosphere on the campuses. The settlements with Pinkston-Camp and Garavalia call for the university to pay each woman $82,107 in lost wages and $246,322 in damages for emotional distress. Their attorneys are to get $443,141. Meanwhile, Haddock and Poston remain in charge of the lab. In fact, after they were interviewed by Scott-Scurry, the two were allowed to submit their own plan to ensure that sexual harassment didn\u2019t occur in the lab. \u201cWhat\u2019s sad to this day is that if someone has a sexual harassment complaint, I\u2019d have to tell them, \u2018You\u2019d better call (my attorneys) Tammy and Carrie,\u2019 because don\u2019t know what to tell them,\u201d Garavalia said."} |
7,476 | Ernest Britt | Norwalk Community College | [
"7476_101.pdf",
"7476_102.pdf",
"7476_103.pdf",
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] | {"7476_101.pdf": "By John Nickerson, Reporter Updated April 19, 2012 11:23 p.m. Ex-professor found guilty of sex assault former Norwalk Community College criminal justice professor was convicted Thursday of sexually assaulting a female student in his Stamford home in 2005. Baby seal, featured on Colbert show, was seen around before New Haven resc Watch More Subscribe Sign in 2/21/25, 6:57 Ex-professor found guilty of sex assault 1/9 At the end of a four-day trial, Ernest Britt, 44, now of Park Ave., Bridgeport, was found guilty by Judge Gary White of second-degree sexual assault. Britt faces at least nine months and up to 10 years in prison at his sentencing, scheduled for June 22 at state Superior Court in Stamford. The woman took the stand against Britt, accusing him of raping her in his Strawberry Hill Avenue home when she was 17. Britt remains free on $75,000 bond Article continues below this ad White acquitted Britt of a first-degree sexual assault charge in the case. Britt faces two unrelated fourth-degree sexual assault charges for incidents police said occurred in 2009, when he worked as a part-time case manager for the Alternative Incarceration Center at Inc. in Stamford -- a South End community outreach center. Those charges involve him inappropriately touching two 18-year- old women, police said. 2/21/25, 6:57 Ex-professor found guilty of sex assault 2/9 More News Bridgeport politicos surrender Friday on new charges related to 2023 election Judge rejects zoning variances allowing construction of Bridgeport Aldi board grants 'conditional release' in Bridgeport fatal cannibalism case Milford mayor's budget has 3% hike to over $150M police make 3 additional arrests at Bridgeport 'drug factory' on Noble Avenue thought that during the trial, it was shown that this all was a fabrication, and that's why am really disappointed,\" Britt's attorney, Kenneth Davis, said of the guilty verdict. \"As with any judge in a situation of this nature, they get to make the final decision.\" 2/21/25, 6:57 Ex-professor found guilty of sex assault 3/9 Davis said he was grateful White found his client not guilty of the most serious charge. Assistant State's Attorney Michelle Bredefeld said the victim was key to the case's outcome. \"The victim should be commended for having the strength to come forward and testify,\" Bredefeld said. According to testimony at trial, Britt was mentoring and teaching the 17-year-old. Her family and Britt belonged to the same church Article continues below this ad Authorities say in the fall of 2005, Britt brought the girl into his home office, where access was restricted, even to his family. 2/21/25, 6:57 Ex-professor found guilty of sex assault 4/9 April 19, 2012 | Updated April 19, 2012 11:23 p.m. The girl told police he locked the door and played a pornographic movie before pulling her clothes off and forcing himself on the girl. The girl did not report the assault to police until three years later, when she went to police in Stamford with her mother on Oct. 30, 2008, Britt's arrest warrant affidavit said. Bredefeld called another of Britt's alleged victims to the stand. That woman told White that when Britt was her case manager at the Alternative Incarceration Center and she was 18, he touched her breasts and pushed his hand down the back of her pants Article continues below this ad Davis said he believes the student's story was fabricated because it took so long for her to come forward. \"To me, women that know, if you do something to them, they are going to say something,\" he said. \"They won't wait three years thereafter.\" 2/21/25, 6:57 Ex-professor found guilty of sex assault 5/9 John Nickerson John Nickerson was formerly a reporter with the Stamford Advocate. He is a Connecticut native and a Cal graduate with a degree in mass communications. He got his start in newspaper writing at Orange Coast College in Southern California where he became editor of the school weekly, The Coast Pilot. After getting his degree, he began writing for the Marin Independent Journal before moving back to Connecticut in 2001 and finding a reporting job with The Advocate. He loves wooden boats and 454-cubic inch engines that power them. Around The Web Powered by Stop Information Overload By Ethereal Search Engine Should You Buy an Electric Car? 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No. 101], which the court has addressed in a separate Ruling, also issued today. 1 DOE, : Plaintiff NO. v. : 3:04-cv-1976 COLLEGES, and MASI, individually 16, 2007 Defendants [Doc. No. 95] The plaintiff, Jane Doe, brings this action against Norwalk Community College (\u201cNCC\u201d) and the Board of Trustees, Connecticut Community Colleges (\u201cBoard\u201d) (collectively, the \u201cdefendants\u201d), as well as against Ronald Masi in his individual capacity. In her Amended Complaint [Doc. No. 31], Doe alleges violations of Title of the Education Amendments of 1972, 20 U.S.C. \u00a7\u00a7 1681-1688. Doe also asserts state law claims of negligent retention and supervision and negligent infliction of emotional distress. The defendants have filed a Motion for Summary Judgment [Doc. No. 95] pursuant to Rule 56 of the Federal Rules of Civil Procedure. Their motion is not submitted on behalf of the pro se defendant Ronald Masi. 1 In a motion for summary judgment, the burden is on the moving party to For the purposes of the instant motion, the court accepts as true facts undisputed by 2 the parties and resolves disputed facts in favor of the non-moving plaintiff, where there is evidence to support her allegations. 2 establish that there are no genuine issues of material fact in dispute and that it is entitled to judgement as a matter of law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256 (1986); White v Engineering Corp., 221 F.3d 293, 300 (2d Cir. 2000). Once the moving party has met its burden, the nonmoving party must \u201cset forth specific facts showing that there is a genuine issue for trial,\u201d Anderson, 477 U.S. at 255, and present such evidence as would allow a jury to find in his favor in order to defeat the motion. Graham v. Long Island R.R., 230 F.3d 34, 38 (2d Cir. 2000). In assessing the record, the trial court must resolve all ambiguities and draw all inferences in favor of the party against whom summary judgment is sought. Anderson, 477 U.S. at 255; Graham, 230 F.3d at 38. \u201cThis remedy that precludes a trial is properly granted only when no rational finder of fact could find in favor of the non-moving party.\u201d Carlton v. Mystic Transp., Inc., 202 F.3d 129, 134 (2d Cir. 2000). \u201cWhen reasonable persons, applying the proper legal standards, could differ in their responses to the question\u201d raised on the basis of the evidence presented, the question must be left to the jury. Sologub v. City of New York, 202 F.3d 175, 178 (2d Cir. 2000). II. FACTS2 In February 2004, Jane Doe was a student at NCC. See Def.\u2019s Loc.R.Civ.P. 56(a)1 Statement (\u201cDef.\u2019s Stat.\u201d) at \u00b6 1 [Doc. No. 95]. On February 10, 2004, Doe was a student in a class taught by Ronald Masi, an adjunct professor at NCC. Id. at \u00b6 2. According to Doe, Masi sexually assaulted her on that day. See Plf.\u2019s Memorandum of The court notes that Doe\u2019s Local Rule 56(a)2 Statement failed to provide specific 3 citations to the evidence in the record, as is required by the Local Rule. See D. Conn. L. Civ. R. 56(a)(3) (\u201cEach statement of material fact [and each denial]. . . by an opponent in a Local Rule 56(a)2 Statement . . . must be followed by a specific citation to (1) the affidavit of a witness competent to testify as to the facts at trial and/or (2) evidence that would be admissible at trial.\u201d). According to the Rule, such failure \u201cmay result in sanctions, including, . . . when the opponent fails to comply, an order granting the motion [for summary judgment].\u201d Id. In the absence of proffered evidence to the contrary, the court will deem the facts set forth in the defendant\u2019s Local Rule 56(a)(1) Statement to be admitted by the plaintiff. See S.E.C. v. Global Telecom Services, L.L.C., 325 F. Supp. 2d 94, 109 (D. Conn. 2004). 3 Law in Opposition to Summary Judgment (\u201cMem. in Opp.\u201d) at 4 [Doc. No. 102]. Although the parties dispute whether Masi resigned voluntarily or involuntarily, Masi\u2019s employment with terminated on February 13, 2004. Id. at \u00b6 3; Plf.\u2019s Loc.R.Civ.P. 56(a)2 Statement (\u201cPlf.\u2019s Stat.\u201d) at \u00b6 3 [Doc. No. 102]. On June 12, 2003, after a female student had complained that Masi had touched her knee and made her feel uncomfortable, Dean John K. Fisher spoke to Masi and informed him that it was inappropriate to touch students and that his relationships with his students should be classroom-based only. The remaining facts are in dispute and 3 will be set forth below where relevant A. Title Claims (Counts 1 & 2) Doe brings hostile-environment (Count 1) and sexual-harassment (Count 2) claims against the defendants, alleging that their deliberate indifference to Masi's harassment of her violated Title IX's prohibitions on gender discrimination. Congress promulgated Title to discourage educational institutions who receive federal funding from engaging in gender-based discriminatory practices. Title explicitly sets forth that \u201c[n]o person in the United States shall, on the basis of sex, be excluded from Doe claims that, when she initially told Professor Ernest Britt about the incident 4 involving Masi, Britt told her \u201cthis has happened before . . . someone complained about Masi . . . [but] nothing was done.\u201d See Plf.\u2019s Stat. at Vol. II, Doe Dep. at 54, 57. Britt denies having 4 participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.\u201d 20 U.S.C. \u00a7 1681(a). Under Title IX, the aggrieved party has a right of action for injunctive relief or monetary damages. Murray v College of Dentistry, 57 F.3d 243, 248 (2d Cir. 1995 recipient of federal funding can, under certain circumstances, be liable under Title for discrimination arising out of teacher-student harassment. See Gebser v. Lago Vista Indep. School District, 524 U.S. 274, 290 (1998). In order to establish a claim based on teacher-student harassment under Title IX, a plaintiff must demonstrate that an official with authority to take corrective action knew of the harassment yet failed to adequately respond because of deliberate indifference. Id. Thus, the two elements for such a claim are: (1) actual notice, and (2) deliberate indifference. See Hayut v. State Univ. of New York, 352 F.3d 733, 750-51 (2d Cir. 2003). Regarding the second element, the Second Circuit has explained that: The Supreme Court has held that Title IX's requirement of an adequate response is violated not only if school officials render no response . . . but also if the response that is rendered amount[s] to deliberate indifference to discrimination. . . . Deliberate indifference may be found both when the defendant's response to known discrimination is clearly unreasonable in light of the known circumstances and when remedial action only follows after a lengthy and unjustified delay. Id. at 751. According to Doe, the defendants were aware of four other complaints of sexual misconduct by Masi prior to her complaint. See Plf.\u2019s Mem. in Opp. at 9-26. The 4 said this, see id. at Ex. 3, Britt Dep. at 10; moreover, the defendants challenge Doe\u2019s testimony regarding Britt\u2019s statements as hearsay and thus not admissible, see Def.\u2019s Reply at 7-8. In a footnote, Doe had argued that Britt\u2019s statements are admissible as vicarious admissions under Fed. R. Evid. 801(d)(2)(D). See Plf.\u2019s Mem. in Opp. at 7 n.5. The defendants challenge this on the basis that Doe has provided no evidence to substantiate her assertion that Britt was NCC\u2019s agent acting within the scope of his employment, and also that Britt was an adjunct professor with only limited duties, none of which included administering sexual harassment complaints. See Def.\u2019s Reply at 8. The court need not decide this evidentiary challenge at this time, however; it can analyze the defendants\u2019 Title liability even without relying on Britt\u2019s statements that knew of Masi\u2019s harassing behavior. The court has used initials to afford non-party students privacy. 5 5 defendants disagree with this assertion, arguing that they were aware of only one complaint prior to Doe\u2019s and took corrective action in that case. See Def.\u2019s Memorandum in Support of Summary Judgment (\u201cMem. in Supp.\u201d) at 7 [Doc. No. 95]. That incident involved R.M., a female student, who reported to Professor Althea 5 Seaborn that she felt \u201cuncomfortable\u201d being in Masi\u2019s class, because he had put his hand on her knee and suggested that she call him at home and that they go to the movies together. See Def.\u2019s Stat. at Ex. D, Seaborn Dep. at 29-30. The defendants claim that this incident \u201cin no way placed [them] on \u2018actual notice\u2019 that Professor Masi was a \u2018known\u2019 or \u2018obvious risk.\u2019\u201d See Def.\u2019s Mem. in Supp. at 9. Even so, the defendants argue that they did not exhibit deliberate indifference to Masi\u2019s conduct in this incident; instead, after the student met with Dean Fisher, the Dean investigated the matter by interviewing relevant faculty members and then \u201clectured [Masi] quite sternly\u201d and informed he must only have academic relationships with his students. See Def.\u2019s Stat. at Ex. E, Fisher Dep. at 41. Regarding the first prong, actual notice, although the defendants claim that R.M. only complained to Professor Seaborn that Masi \u201chad put his hand on her knee, told her she could call him at home and that they could go to the movies,\u201d which conduct 6 Professor Seaborn believed was not inappropriate, see Def.\u2019s Stat. at Ex. D, Seaborn Dep. at 35-37, in her statement to the police R.M. indicated that not only did Masi put his hand on her lap, but he told her that he did not want an affair but a relationship, that it was \u201cboring to be with one person all your life,\u201d that she would not have to worry about her grades, and that \u201cwhatever happens no one will find out,\u201d see id. at Ex. H, R.M. Police Statement at 2. R.M. claims to have reported these statements and conduct to Seaborn and Fisher. See Plf.\u2019s Stat. at Vol. I, Ex. 17, R.M. Aff. at \u00b6\u00b6 4-5. Thus, the court finds that Doe has presented a genuine issue of fact as to whether the defendants had actual notice of Masi\u2019s misconduct. See Tesoriero v. Syosset Cent. Sch. Dist., 382 F. Supp. 2d 387, 397 (E.D.N.Y. 2005) (agreeing with most federal courts that \u201cthe \u2018actual knowledge\u2019 need only be of facts indicating that the teacher has the potential to abuse a student\u201d). As for whether the defendants adequately responded to R.M.\u2019s complaints, the deliberate indifference standard is often \u201ca fact-laden question.\u201d Id. at 398 (citations omitted). Although, as the Second Circuit notes, \u201c[t]he Supreme Court has rejected the use of such an objective (\u2018should have known\u2019) test for deliberate indifference in the Title context, . . . [o]f course, a showing that the defendant \u2018should have known\u2019 can, in some circumstances, create an inference\u2013at least sufficient to raise a genuine issue\u2013that the defendant did know.\u201d Gant v. Wallingford Bd. of Educ., 195 F.3d 134, 141 n.6 (2d Cir. 1999). In this case, R.M. asserts that she went to Seaborn shortly after the incident \u201cbecause knew she was a lawyer,\u201d and that Seaborn told her she could complain but that it would be \u201cmy word against Masi\u2019s.\u201d See Plf.\u2019s Stat. at Vol. I, Ex. 17, R.M. Aff. at \u00b6 4. According to R.M., Seaborn\u2019s comment led her to refrain from filing a Indeed, it were Professors Skeeter and Seaborn who went to Masi\u2019s home to ask him 6 to resign. See id. at Seaborn Dep. at 56. Although R.M. had initially indicated that she wished to keep the matter confidential, 7 Seaborn admitted in her deposition that the school\u2019s policy was that if someone complained of an \u201cunwanted sexual advance\u201d by a professor, she would \u201chave to report it\u201d regardless of the student\u2019s wish for confidentiality. See Plf.\u2019s Stat. at Vol. II, Ex. 9, Seaborn Dep. at 31-32, 69-70. 7 complaint, although she ultimately did complain to Dean Fisher months later. See id. at \u00b6 5. The defendants have addressed Fisher\u2019s response; they also argue that Seaborn is not an \u201cappropriate person\u201d within the meaning of Title IX, because she was not an official with authority to take corrective action. See Def.\u2019s Reply at 6. However, the court finds this is an issue of fact. Moreover, Seaborn in her deposition testified that she discussed the matter with Professor Skeeter, after R.M. agreed that she tell him, who according to Seaborn\u2019s testimony had the authority to take corrective action. 6 See Plf.\u2019s Stat. at Vol. II, Ex. 9, Seaborn Dep. at 32. Seaborn then talked to Masi about the incident. Id. at 38-39. There is no indication that Seaborn reported the incident directly after R.M. complained, or that any effort was taken to track Masi\u2019s behavior 7 toward R.M. until R.M. ultimately reported the incident to Dean Fisher in June 2003. The next incident of which the defendants had actual notice and acted with deliberate indifference, according to Doe, occurred between 1999 and 2001, and allegedly involved a female student named \u201cDanielle\u201d who had claimed that Masi engaged in sexually inappropriate conduct toward her. See Plf.\u2019s Mem. in Opp. at 9-18. However, besides establishing through Masi\u2019s deposition that the student charged him with sexual misconduct, Doe has provided no evidence that the defendants were aware of Masi\u2019s behavior toward Danielle, apart from vague, inadmissible statements that Danielle had contacted faculty after having had a nervous breakdown following Detective Kline of the Connecticut State Police interviewed Masi and others after the 8 alleged assault made on Doe. 8 Masi\u2019s alleged assault. See id. at 14; Plf.\u2019s Stat. at Vol. II, Ex. A, Masi Dep. at 41-42. Such vague assertions are insufficient to create a material issue of fact as to whether any \u201cappropriate person\u201d under Title IX\u2013that is, a school official with authority to take corrective action\u2013knew of the harassment yet failed to adequately respond because of deliberate indifference. See Gebser, 524 U.S. at 290. Doe also claims that the defendants misled her into believing that the wrong student was in fact Danielle, thereby wasting much of plaintiff counsel\u2019s time and expenses in interviewing a student who Detective James Kline ultimately determined did not fit the description Masi had 8 previously given of her. See Plf.\u2019s Stat. at Vol. I, Ex. 15, Kline Supplemental Report. However, from this the court cannot infer that the defendants had actual notice of any sexual misconduct by Masi toward Danielle, especially considering the Supreme Court\u2019s admonition that Title liability cannot be based on theories of respondeat superior or constructive notice. See Gebser, 524 U.S. at 285. The third incident, according to Doe, involved W.K. in November 2003. Doe has provided evidence of W.K.\u2019s statement to the police, in which she indicated that she went to Seaborn after Masi told her he wanted to have a relationship \u201cbecause in a relationship you do more than have sex,\u201d and that he \u201cwanted this to be kept quiet . . . [and that] another girl took this out of context and tried to turn things around on him but didn\u2019t get too far.\u201d See Plf.\u2019s Stat. at Vol. I, Ex. 1, W.K. Statement at 31. W.K. told Seaborn of this incident, and Seaborn urged her to tell Skeeter and the Dean; however, W.K. had come up with \u201ca plan to deflect his advances.\u201d Id. at 33-34. While Seaborn\u2019s The defendants cite to Litman v. George Mason Univ., 131 F. Supp. 2d 795 (E.D. Va. 9 2001), to support the proposition that the existence of a sexual harassment policy that required professors to report complaints of sexual harassment \u201cis not a substitute for knowledge of a supervisory official.\u201d See Def.\u2019s Reply at 12. However, the court notes that Litman is an Eastern District of Virginia decision, and thus not controlling on this court; moreover, although the court in Litman refused to impute the knowledge of the professor to whom the plaintiff complained to the university \u201cdespite any failure by [that professor] to comply with the university's sexual harassment policy,\u201d the court reasoned that the plaintiff had not shown that the professor \u201chad supervisory authority over the harasser, such that he could have directly taken corrective action to cure the problem.\u201d Litman, 131 F. Supp. 2d at 799-800. In this case, the court has already found that the parties have created an issue of fact as to whether Professor Seaborn was an \u201cappropriate person\u201d within the meaning of Title IX. See supra at 8. 9 reaction may not be unreasonable, the court finds that Doe has created an issue of fact as to whether the school\u2019s policy, admitted by Seaborn, which would have required her to report the incident regardless of W.K.\u2019s \u201cplan,\u201d renders Seaborn\u2019s response inadequate under Title IX. Indeed, according to Barbara Drotman, the school\u2019s Dean of Students, \u201c[w]hen a student brings the complaint forward, then it\u2019s the obligation of the person who is the recipient of this complaint to investigate in some manner.\u201d See Plf.\u2019s 9 Stat. at Vol. II, Ex. 2, Drotman Dep. at 17. The fourth incident, according to Doe, involved an anonymous student, and it allegedly occurred approximately a week prior to the incident involving the plaintiff, in February 2004. Doe relies on handwritten notes, written by Virginia Dellamura, NCC\u2019s head of Human Resources, which recorded comments made by Seaborn during a meeting held on February 13, 2004 between Fisher, Skeeter and Seaborn regarding the Doe incident. See Plf.\u2019s Stat. at Vol. II, Ex. 7, Dellamura Dep. at 32-33. The handwritten notes contain bullet points of incidents involving Masi, including one which states: \u201cAlthea Seaborn \u2013 different female student \u2013 same story almost.\u201d See id. at Vol. I, Ex. 23. This statement is made directly following a short description of an incident of sexual harassment/assault with another student, which Doe agrees is 10 \u201cimpossible to tell if this incident involved a student other than Doe.\u201d See Mem. in Opp. at 24. However, Doe argues that the \u201cdifferent female student\u201d bullet point indicates \u201cthat there was at least one other female student assaulted by Masi in February 2004, whom the college has never identified.\u201d Id. Doe further points to a memorandum authored by Seaborn on February 13, 2004, in which she alerted the chair of the business school, Ronald Bealer, that \u201c[l]ast week\u201d a student complained to her about \u201cunwelcome sexual advances\u201d by Masi. See Plf.\u2019s Stat. at Vol. I, Ex. 24. The memo shows that Seaborn followed up this complaint from the student with a brief meeting, and that as of that date that student was \u201cstill considering whether she wishes to pursue this matter.\u201d Id. Although the defendants argue that this memo is non-probative because it does not evidence a complaint of sexual misconduct to an \u201cappropriate person\u201d and because it was dated after the incident involving Doe, see Def.\u2019s Reply at 13-14, the court still finds that there is an issue of fact as to whether the defendants, through Seaborn, were on notice of yet another incident of sexual misconduct involving Masi. The court would be hesitant to find deliberate indifference solely with respect to this fourth incident, even if there was actual notice, because that incident occurred only about a week prior to the Doe incident. However, because of the court\u2019s finding that Doe has created a genuine issue of fact regarding at least the complaints made by R.M. and W.K., the court finds that Doe has created an issue of fact as to whether the inaction on the part of Seaborn, or any other school official, in this fourth incident amounted to \u201cdeliberate indifference\u201d as that standard is used under Title IX. The court finds that at least three of these incidents raise a material question In addition, in a separate Ruling issued today, the court grants Doe\u2019s Motion for 10 Sanctions [Doc. No. 101], which includes an adverse inference instruction against the defendants: clearly, the adverse inference, in combination with the evidence submitted by Doe in opposition to the Motion for Summary Judgment, is more than sufficient to defeat summary judgment. See Byrnie v. Town of Cromwell, Bd. of Educ., 243 F.3d 93, 107 (2d Cir. 2001). Doe has not responded to this immunity argument, having only addressed the merits 11 of her state law claims. See Plf.\u2019s Mem. in Opp. at 36-37. 11 about whether the defendants had actual notice but were deliberately indifferent to complaints about Masi\u2019s harassing conduct. Therefore, the defendant\u2019 Motion for Summary Judgment is denied on the Title counts. 10 B. State Law Claims: Eleventh Amendment and Sovereign Immunity The defendants argue that Doe\u2019s state law claims of negligent retention and supervision (Count 3) and negligent infliction of emotional distress (Count 4) are barred by the Eleventh Amendment and state sovereign immunity. See Def.\u2019s Mem. in Opp. 11 at 15. The defendants cite to Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 121 (1984), in which the Supreme Court held that federal courts are barred by the Eleventh Amendment from hearing pendent state law claims against the state, its agencies, or its officials without the state\u2019s consent. The claims in Counts 3 and 4 are directed only against the defendants, Norwalk Community College, and the Board of Trustees, Connecticut Community Colleges, and thus are claims directed at the State of Connecticut. See Barde v. Bd. of Trustees of Regional Cmty. Colls., 207 Conn. 59, 64 (1988) (\u201cAlthough the named defendant here is the board of trustees of regional community colleges, these colleges are state public institutions and the real party in interest is the state.\u201d); see also Brown v. Western Conn. State Univ., 204 F. Supp. 2d 355, 361 (D. Conn. 2002) (citing cases). Based on the defendants\u2019 sound argument 12 and because Doe has not pointed the court to any waiver of immunity, the state law claims are dismissed on the basis of Eleventh Amendment immunity, absent objection Based on the foregoing analysis, the defendants\u2019 Motion for Summary Judgment [Doc. No. 95] is as to Counts 1 and 2 and as to Counts 3 and 4, which are based on Eleventh Amendment immunity ORDERED. Dated at Bridgeport, Connecticut this 16th day of July, 2007. /s/ Janet C. Hall Janet C. Hall United States District Judge", "7476_103.pdf": "By John Nickerson Updated April 25, 2012 5:01 p.m. Ex-professor found guilty of sexually assaulting student Ex-prof guilty Baby seal, featured on Colbert show, was seen around before New Haven rescue Watch More SALE! 25\u00a2 for your first 3 months Sign in SALE! Only 25\u00a2 for 3 months of digital access to local news 2/21/25, 6:58 Ex-professor found guilty of sexually assaulting student 1/10 of sexually assaulting student SALE! Only 25\u00a2 for 3 months of digital access to local news former Norwalk Community College Criminal Justice professor was convicted last Thursday of sexually assaulting one of his female students at his Stamford home in 2005 Article continues below this ad At the end of a four-day court trial, Ernest Britt, 44, now of 2625 Park Ave., Bridgeport, was found guilty by Judge Gary White of second-degree sexual assault. Britt is facing at least nine months and as many as 10 years behind bars when he is scheduled for sentencing on June 22 at state Superior Court in Stamford. He was convicted under an article of the state's sexual assault laws that makes it illegal for a person over 20 to have sex with someone under 18 if they stand in a position of power, authority or supervision over the younger person. More News Police: Stamford cop charged with in Bridgeport crash was over legal limit Police investigate bomb threat at Attorney General Tong's Stamford home 2/21/25, 6:58 Ex-professor found guilty of sexually assaulting student 2/10 Stamford developer adds 23 apartments to High Ridge Road near Merritt Parkway man sentenced after recording sexual abuse of minor, feds say Exchange Club of New Canaan grant applications and other news The woman who took the stand against Britt during his four-day trial and accused him of raping her in his Strawberry Hill Avenue home was 17 at the time of the incident. Britt remains free on $75,000 bond. White acquitted Britt of a first-degree sexual assault charge in the case. Britt still faces two unrelated fourth-degree sexual assault charges for incidents that police say occurred in 2009 when he worked as a part time case manager for the Alternative Incarceration Center at CTE, Inc -- a South End community outreach center. Those charges involve his inappropriately touching two 18-year-old women. Britt's attorney, Kenneth Davis, said he was disappointed at the guilty verdict but grateful that White found his client not guilty of the most serious charge of the trial thought that during the trial, it was shown that this all was a fabrication and that's why am really disappointed,\" he said. \"As with any judge in a situation of this nature they get to make the final decision in a court trial such as this Article continues below this ad 2/21/25, 6:58 Ex-professor found guilty of sexually assaulting student 3/10 According to testimony at trial, Britt was mentoring and teaching the 17-year-old student, who was also a family friend and whose family and Britt belonged to the same church. Authorities say on a fall day in 2005, Britt took the girl home to his two-story Strawberry Hill Avenue home and brought her into his office, which was restricted even to his family. The girl said he locked the door and played a pornographic movie on his office before pulling her clothes off. After having oral sex with the girl, he then forced himself on her and had sex, telling the girl he had undergone an operation and that made it impossible for her to get pregnant. The girl said she tried, but she was not strong enough to push the 400-pound Britt off of her Article continues below this ad The girl did not report the assault to police until three years later, when she went to police headquarters in Stamford with her mother on Oct. 30, 2008 and told her story, Britt's arrest affidavit said. Along with the woman's testimony, Bredefeld also called another one of Britt's alleged victims to the stand to testify against him. That woman told White that when she was 18 and Britt was her case manager at the Alternative Incarceration Center, he touched her breasts and pushed his hand down the rear of her pants. Davis said he believes the student's story was made up because it took so long for her to come forward. 2/21/25, 6:58 Ex-professor found guilty of sexually assaulting student 4/10 Article continues below this ad Norwalk man suffers cut -- Police are investigating after a man called police at 7:08 p.m. last Saturday to report that he had been stabbed. When police arrived at 56 Woodward Ave., the alleged victim did not want to give them any information about the incident and would not tell them where he had been injured, Sgt. Lisa Cotto said. After talking to the man, police finally found a small cut on his chest. The man was alert but appeared very agitated when he was speaking to police, Cotto said Article continues below this ad Ex-daycare teacher charged with molesting former day care teacher was arrested by Norwalk police and charged with molesting two young girls at a day care center about two years ago. Harold Meyers, 44, of 104 Waldorf Ave., Bridgeport, was charged with two counts each of third-degree sexual assault and two counts of risk of injury to a child. He was held overnight on $150,000 bond and will be 2/21/25, 6:58 Ex-professor found guilty of sexually assaulting student 5/10 arraigned Monday at state Superior Court in Norwalk. He denied the charges to police when they investigated the case. According to the two arrest affidavits, Meyers worked as a head teacher in a classroom at Tumble Bugs day care center at 11 Allen Road for 18 months between 2007 and 2009 Article continues below this ad In August of 2011, the mother of a girl, 7, called police to report that the woman's daughter told her mother that about two years earlier a teacher at the day care had molested her when she was 4 or 5. The girl was taken to the Children's Connection in Norwalk for a forensic interview in which she said during nap time one day a male teacher pulled his chair up to her cot and put his penis into her mouth, the affidavits said. The girl said that because the man was a teacher, she thought that she had to do what he told her to do. Police investigated and determined that Meyers was the head of the classroom when the incident took place and he fit a basic description of the teacher that the girl provided during her interviews, the affidavit said. The mother also told police that the only male who supervised her daughter was a teacher with the last name of Meyers, the affidavit said Article continues below this ad 2/21/25, 6:58 Ex-professor found guilty of sexually assaulting student 6/10 The girl also said that she believed that the same thing happened to a friend of hers around the same time. Police determined who the girl was and when they interviewed her in September, she said that she was also molested during nap time by the male teacher when a lady teacher left the room for lunch. She said the teacher put his hands down her pants and touched her genitals. During her interview at the Children's Connection the girl said that the teacher also touched her genitals with his genitals on another occasion, the affidavit said. The girl said that she didn't tell anyone about what the teacher did to her because she didn't want to get in trouble. Meyers denied the allegations when confronted by a police detective investigating the case. Meyers declined to give a written statement or undergo a polygraph test offered to him by police, the affidavit said Article continues below this ad Cops: Man stole school laptops Wilton man was arrested last Saturday night and charged with breaking into an elementary school and stealing two laptops worth more than $2,000, police said. Anthony Hines, 20, of 369 Mountain St., was charged with third-degree burglary and fourth-degree larceny. He was held in lieu of $1,000 bond. Norwalk Police Sgt. Lisa Cotto said police were called at 9:45 p.m. Saturday after a passerby saw a man leaving Tracey School at 20 Camp St. The caller said that the man carrying a large backpack may have broken a window at the school, Cotto said Article continues below this ad 2/21/25, 6:58 Ex-professor found guilty of sexually assaulting student 7/10 April 19, 2012 | Updated April 25, 2012 5:01 p.m. John Nickerson Hines was found a short time later near the Norwalk courthouse carrying a backpack. After Hines gave permission to look in his backpack, they found two Dell laptop computers that were marked \"Property of Norwalk Schools lab 13,\" Cotto said. Police looked inside the school and determined the laptops -- worth an estimated $2,500 -- had been stolen from a room there, Cotto said. Sign up for the Morning Briefing! Start your day with important local and statewide headlines. Email By signing up, you agree to our Terms Of Use and acknowledge that your information will be used as described in our Privacy Policy. Enter your email Around The Web Powered by Stop Information Overload By Ethereal Search Engine Should You Buy an Electric Car? By Why Google Workspace for Business is Worth the Upgrade By Sign Up 2/21/25, 6:58 Ex-professor found guilty of sexually assaulting student 8/10 Get Dog Food Designed for Your Dog's Health & Happiness By Take on a Challenge: Make Pasta Al Limone at Home By The New Normal of Selling a Home Today By The Best Places to Buy College Apparel Make Showing College Pride Too Easy By Four Ways Food Banks Are Feeding Kids Right Now By Ring Devices Help Make Peace of Mind More Accessible to All By Don't Miss committee proposes pilot program for overdose prevention sites in state 2025 Connecticut girls ice hockey conference tournament outlooks UConn freshman Morgan Cheli will miss remainder o the season Let's Play Cross|word Typeshift SpellTower Flipart Really Bad Chess Top 2/21/25, 6:58 Ex-professor found guilty of sexually assaulting student 9/10 About Contact Services Account \u00a9 2025 Hearst Media Services Connecticut Terms of Use Privacy Notice Industry Opt Out Your Privacy Choices (Opt Out of Sale/Targeted Ads) 2/21/25, 6:58 Ex-professor found guilty of sexually assaulting student 10/10", "7476_104.pdf": "22m ago Judge blocks Trump\u2019s executive order ending federal support for programs New York Capital Region Hudson Valley Business Opinion Entertainment Food Sports Obituari TRENDING: PepsiCo to close facility | The death of Robert Brooks | 'Life of Pi' tiger comes alive enrollment increases By John Nickerson, Reporter Updated April 19, 2012 11:23 p.m. Ex-professor found guilty of sex assault former Norwalk Community College criminal justice professor was convicted Thursday of sexually assaulting a female student in his Stamford home in 2005. Watch More SALE! 25\u00a2 for your first 3 months Sign in 2/21/25, 6:58 Ex-professor found guilty of sex assault 1/6 At the end of a four-day trial, Ernest Britt, 44, now of Park Ave., Bridgeport, was found guilty by Judge Gary White of second-degree sexual assault. Britt faces at least nine months and up to 10 years in prison at his sentencing, scheduled for June 22 at state Superior Court in Stamford. SALE! Only 25\u00a2 for 3 months of digital access to local news The woman took the stand against Britt, accusing him of raping her in his Strawberry Hill Avenue home when she was 17. Britt remains free on $75,000 bond Article continues below this ad White acquitted Britt of a first-degree sexual assault charge in the case. Britt faces two unrelated fourth-degree sexual assault charges for incidents police said occurred in 2009, when he worked as a part-time case manager for the Alternative Incarceration Center at Inc. in Stamford -- a South End community outreach center. Those charges involve him inappropriately touching two 18-year-old women, police said thought that during the trial, it was shown that this all was a fabrication, and that's why am really disappointed,\" Britt's attorney, Kenneth Davis, said of the guilty verdict. \"As with any judge in a situation of this 2/21/25, 6:58 Ex-professor found guilty of sex assault 2/6 nature, they get to make the final decision.\" Davis said he was grateful White found his client not guilty of the most serious charge. Assistant State's Attorney Michelle Bredefeld said the victim was key to the case's outcome. \"The victim should be commended for having the strength to come forward and testify,\" Bredefeld said. According to testimony at trial, Britt was mentoring and teaching the 17-year-old. Her family and Britt belonged to the same church. Authorities say in the fall of 2005, Britt brought the girl into his home office, where access was restricted, even to his family Article continues below this ad The girl told police he locked the door and played a pornographic movie before pulling her clothes off and forcing himself on the girl. The girl did not report the assault to police until three years later, when she went to police in Stamford with her mother on Oct. 30, 2008, Britt's arrest warrant affidavit said. 2/21/25, 6:58 Ex-professor found guilty of sex assault 3/6 April 19, 2012 | Updated April 19, 2012 11:23 p.m. John Nickerson John Nickerson was formerly a reporter with the Stamford Advocate. He is a Connecticut native and a Cal graduate with a degree in mass communications. He got his start in newspaper writing at Orange Coast College in Southern California where he became editor of the school weekly, The Coast Pilot. After getting his degree, he began writing for the Marin Independent Journal before moving back to Connecticut in 2001 and finding a reporting job with The Advocate. He loves wooden boats and 454-cubic inch engines that power them. Most Popular 1. PepsiCo to close Catskills facility, prompting mass layoffs 2. More than 20 states file lawsuit to block New York Superfund Act 3. Prosecutor reveals disturbing new details in death of Robert Brooks 4. Inmate uprising at Riverview as prison strikes enter 4th day 5. Video of assemblyman's stay at Marcy shows exchange with sergeant Bredefeld called another of Britt's alleged victims to the stand. That woman told White that when Britt was her case manager at the Alternative Incarceration Center and she was 18, he touched her breasts and pushed his hand down the back of her pants. Davis said he believes the student's story was fabricated because it took so long for her to come forward Article continues below this ad \"To me, women that know, if you do something to them, they are going to say something,\" he said. \"They won't wait three years thereafter.\" Around The Web Powered by 2/21/25, 6:58 Ex-professor found guilty of sex assault 4/6 Stop Information Overload By Ethereal Search Engine Get Dog Food Designed for Your Dog's Health & Happiness By Heartwarming Reaction From a Couple Meeting Their Rescue Dog for the First Time By The Close Relationship Between Stress and Sleep By Is My Space a Good Fit for Airbnb? By Four Ways Food Banks Are Feeding Kids Right Now By Got Plant Milk? Add These 16 Plant Milks to Your Mug for Health, Flavor, and Fro By Ring Devices Help Make Peace of Mind More Accessible to All By Four Easy Tips to Keep Your Kids Safe Online By Editors\u2019 Picks SEEN? SEEN: 20th annual Warmth of Winter 2/21/25, 6:58 Ex-professor found guilty of sex assault 5/6 Watch: Another improbable shot, another shirtless celebration in Albany How puppetry makes 'Life of Pi' tiger a scene-stealing star Let's Play Bongo Really Bad Chess Typeshift Pile-Up Poker SpellTower About Contact Services Account \u00a9 2025 The Hearst Corporation Terms of Use Privacy Notice Interest Based Ads Your California Privacy Rights Top 2/21/25, 6:58 Ex-professor found guilty of sex assault 6/6"} |
9,041 | Paul Wadleigh | Washington State University – Pullman | [
"9041_101.pdf",
"9041_101.pdf"
] | {"9041_101.pdf": "In October 2003, a professor emeritus in theater made inappropriate comments and touched a student in ways that made her uncomfortable, according to the CHR. The professor, Paul Wadleigh, said he was \"clowning around\" and noted that his door was left open during the incident. The concluded the facts supported the allegation. He retired in December 2003. Contacted last week, his wife said that Wadleigh, 79 at the time, was suffering from Parkinson's disease and some signs of dementia, and that the incident was not a fair representation of his long, distinguished career.\" SOURCE: Shawn Vestal Staff writer. (September 3, 2006 Sunday). Assault cases confront tenure suit strains evolving policies. Spokesman Review (Spokane, WA). com.proxy1.cl.msu.edu/api/document?collection=news&id=urn:contentItem:4KV8- N5B0-TWSR-V35R-00000-00&context=1516831."} |
7,391 | Michael R. Simonson | Iowa State University | [
"7391_101.pdf",
"7391_102.pdf",
"7391_103.pdf",
"7391_104.pdf"
] | {"7391_101.pdf": "v (1999) Supreme Court of Iowa. Michael R. SIMONSON, Appellee, v UNIVERSITY, Camilla Benbow, Carla Espinoza and John Kozak, Appellants. No. 97-1177. Decided: December 22, 1999 Considered by McGIVERIN, J., and and TERNUS, JJ. Thomas J. Miller, Attorney General, Elizabeth Osenbaugh, Solicitor General, and Diane M. Stahle, Assistant Attorney General, for appellants. Stephen M. Terrill of Terrill & Martens Law Offices, Ames, for appellee. The main question here is whether a tenured state university professor has a constitutional right to an evidentiary hearing before the university can place him on paid administrative leave pending an investigation of student sexual harassment complaints against him. The university appeals a district court decision requiring it to hold such a hearing. Upon our review, we reverse. I. Background facts and proceedings. A. Placement on paid administrative leave. On February 10, 1997, Camilla Benbow, acting Dean of the College of Education at Iowa State University or University), was advised by Richard Zbaracki, Chair of the Department of Curriculum and Instruction, that a student in that college was planning to file a sexual harassment complaint against \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/21/25, 6:58 v (1999) | FindLaw 1/16 tenured Professor Michael R. Simonson. The student had talked to her \u201csexual harassment assistor\u201d (an individual in the department charged with giving confidential advice and counsel to students on sexual harassment matters), as well as to two other faculty members about filing a complaint. The student had also dropped out of a program with which Simonson was connected. Later, on February 11, two staff members informed Daniel Reschly, Associate Dean of the College of Education, that they had a conversation with a graduate student who was concerned about sexual harassment by Simonson and that the student was concerned about retaliation for having spoken out. The two staff members did not discuss the specific nature of the complaints, but did tell Reschly that the allegations against Simonson were \u201cextremely serious.\u201d Reschly immediately informed Benbow of his conversation with the two staff members. That same day Benbow advised Provost John Kozak of the matter and also talked about it with Director of Affirmative Action, Carla Espinoza. Also on February 11, another member of the faculty, Ann Thompson, informed Benbow that in September 1996, a student had raised concerns to her about Simonson's behavior, but the student had never filed a complaint. Thompson indicated that the student may now be willing to come forward. Thompson also informed Benbow of an incident where Simonson had arrived at a student's house drunk although the student had told him she did not want him to come to her home. The complaining student told Thompson that Simonson had confronted her and another student, trying to find out who might be filing complaints against him, and that she was terrified. Thompson also stated that certain students had witnessed inappropriate behavior by Simonson at conferences, and that the students were afraid to come forward because they were concerned about retaliation. Later that day, a meeting was held in Espinoza's (Director of Affirmative Action) office. Persons present included Espinoza, a complaining student and her attorney, the sexual harassment assistor, and Hessie Harris, associate legal counsel for the University. The complainant gave Espinoza the names, dates, and description of events relating to the alleged incidents of sexual harassment by Simonson. Following the meeting, Espinoza called Benbow and told Benbow that she felt the complaint should be investigated and that some immediate action should be taken. Espinoza recommended that Simonson be placed on administrative leave with pay and that authorization for his imminent trip to a conference in New Mexico be withdrawn. Later that evening of February 11, Dean Benbow informed Simonson by telephone that a formal complaint of sexual harassment had been made against him and that he was being placed on paid administrative leave pending the outcome of the investigation. Benbow also told Simonson that the University was rescinding its approval for him to attend the conference in New Mexico. According to Benbow, this decision was based on concerns that an important witness and potential complainant was 2/21/25, 6:58 v (1999) | FindLaw 2/16 scheduled to attend the conference and that the University may be at risk if it allowed Simonson to attend the conference in light of the sexual harassment allegations. On February 13, Dean Benbow wrote to Simonson confirming the telephone call and stating that a formal complaint had been filed. The letter imposed several restrictions concerning Simonson's teaching and other duties. Specifically, Simonson was required to turn in his keys to his office and was advised to have no contact with students and not to come to campus unless for an approved visit. On February 13, the student filed a formal written complaint with the Affirmative Action Office. The student later retrieved the complaint to add more information. On February 14, Simonson appeared at the Provost's office with a letter demanding that an appeal of his suspension be heard by 4:00 p.m. that day. The Provost, John Kozak, was out of town. Simonson then requested that Associate Provost Edwin Lewis hear his appeal that day. Later that day, a meeting was held in Lewis' office attended by Lewis, Benbow, Hessie Harris (acting as attorney for Benbow and Espinoza) attorney Paul Tanaka (attending as \u201clegal advisor\u201d for Lewis), Simonson and his attorney. Lewis postponed making a decision on Simonson's appeal until Provost Kozak returned. On February 17, six days after being placed on paid administrative leave, Simonson received a copy of the written complaint of sexual harassment. On February 18, the Provost denied Simonson's appeal of Benbow's decision placing him on paid administrative leave, but adjusted some of the restrictions concerning Simonson's administrative duties. On February 24, Simonson appealed the Provost's decision to the Faculty Senate Committee on Judiciary and Appeals. Thereafter, the University Faculty Senate Committee formed an ad hoc subcommittee to consider Simonson's appeal. After an investigation, the ad hoc subcommittee of the Faculty Senate submitted its report to the full committee on March 17. B. The present action. Simonson filed a petition, as amended, for judicial review in district court on March 19, against respondents Iowa State University, Benbow, Espinoza and Kozak, alleging that he had been deprived of property and liberty interests protected by the Due Process Clauses of the United States and Iowa Constitutions. See U.S. Const. amend. XIV, \u00a7 1; Iowa Const. art. I, \u00a7 9. Simonson sought reinstatement to his teaching duties at ISU. For simplicity, we will refer to respondents collectively as or the University, unless otherwise necessary. On March 26, the Faculty Senate Committee met and unanimously adopted the ad hoc committee's report that recommended reinstatement of Simonson. The committee's report was delivered to 2/21/25, 6:58 v (1999) | FindLaw 3/16 University President Jischke on March 31 for his review and action hearing was held in district court on April 11, 1997, concerning Simonson's petition. President Jischke eventually rendered his decision on April 21, and rejected the recommendation of the Faculty Senate that Simonson be taken off administrative leave pending the completion of the investigation. By consent of the attorneys for the parties, President Jischke's decision was submitted as part of the record before the district court to be considered in ruling on Simonson's petition. On May 9, 1997, the district court issued its decision, concluding that the University had deprived Simonson of a protected property and liberty interest without due process of law. The case was remanded to the University with instructions that the University give Simonson a hearing, with notice of the allegations against him, the right to hear and cross-examine those witnesses complaining against him, and the right to present evidence on his own behalf. The district court also ordered that Simonson should be reinstated to his rights and duties as a full, tenured professor. The University appeals the district court's decision that it was required to give Simonson a full, evidentiary-type hearing prior to placing him on paid administrative leave. The University does not contend that Simonson failed to exhaust any administrative remedies. Plaintiff Simonson filed before us a motion to amend the record and dismiss the appeal. We ordered that the motion be submitted with the appeal. After due consideration, the motion is overruled. II. Standard of review. The parties seem to agree that Simonson sought relief in district court pursuant to the judicial review provisions of Iowa Code chapter 17A (1997). Specifically, Simonson sought judicial review of the University's (i.e., agency) decision to place him on paid administrative leave pending investigation of the sexual harassment complaints against him without a prior evidentiary hearing. Under Iowa Code chapter 17A, an agency's action is characterized as rule-making, contested case or other agency action. Hurd v. Iowa Dep't of Human Servs., 580 N.W.2d 383, 388 (Iowa), cert. denied, 525 U.S. 987, 119 S.Ct. 455, 142 L.Ed.2d 408 (1998 review of the record suggests that the action taken by the University in placing Simonson on paid administrative leave falls into the category of \u201cother agency action.\u201d Our review of a district court's judicial review ruling is ordinarily for correction of errors at law. Bennett v. Iowa Dep't of Natural Resources, 573 N.W.2d 25, 27 (Iowa 1997). When constitutional issues are raised, however, we must make an independent evaluation of the totality of the evidence and our review in such cases is de novo. Office of Consumer Advocate v. Iowa State Commerce Comm'n, 465 N.W.2d 280, 281 (Iowa 1991). 2/21/25, 6:58 v (1999) | FindLaw 4/16 We apply the standards of section 17A.19(8) to assess whether our conclusions are the same as those reached by the district court. Mortimer v. Fruehauf Corp., 502 N.W.2d 12, 14 (Iowa 1993). Upon our review, we may affirm, reverse, modify or grant any other appropriate relief, equitable or legal. Iowa Code \u00a7\u00a7 17A.19(8), 17A .20. The operative question on judicial review in the present case is whether substantial rights of the petitioner have been prejudiced because the University's action (i.e., the agency) is in alleged violation of constitutional or statutory provisions. See Iowa Code \u00a7 17A.19(8)(a). III. Was a protected right of Simonson infringed by the University's actions? The main issue in this appeal is whether Simonson was entitled to a hearing before he was placed on paid administrative leave government employee is entitled to constitutional procedural due process only when the employee has been deprived of a protected property or liberty interest. See Board of Regents v. Roth, 408 U.S. 564, 570-71, 92 S.Ct. 2701, 2705, 33 L.Ed.2d 548, 556 (1972). Once it is determined that an employer's decision implicates a protected property or liberty interest, the court must then determine what process is constitutionally due, or whether a hearing is required in a given case, by balancing three competing interests: (1) the private interest affected by the official action; (2) the governmental interest; and (3) the risk that erroneous deprivation of the private interest will occur, using the current procedures and the probable value, if any, of additional or substitute procedural safeguards. Gilbert v. Homar, 520 U.S. 924, 931, 117 S.Ct. 1807, 1812, 138 L.Ed.2d 120, 128 (1997); Callender v. Skiles, 591 N.W.2d 182, 189 (Iowa 1999). The first step in our analysis is to determine whether the University's action in placing Simonson on paid administrative leave deprived Simonson of a constitutionally protected property or liberty interest. A. Was Simonson deprived of a property right? At this point in our discussion, we believe it helpful to clarify that Simonson was not suspended, but rather was placed on paid administrative leave pending the investigation of the sexual harassment complaint filed against him. 1. Applicable law. Public employees who can be discharged only for cause have a constitutionally protected property interest in their tenure and cannot be fired without due process. Gilbert, 520 U.S. at 929, 117 S.Ct. at 1811, 138 L.Ed.2d at 126 person must have a legitimate claim of entitlement to his or her employment to have a property interest in it. Roth, 408 U.S. at 577, 92 S.Ct. at 2709, 33 L.Ed.2d at 561. \u201cWhen such a property interest exists, the employee is entitled to a hearing or some related form of due 2/21/25, 6:58 v (1999) | FindLaw 5/16 process before being deprived of the interest.\u201d Winegar v. Des Moines Ind. Community Sch. Dist., 20 F.3d 895, 899 (8th Cir.1994). \u201cProperty interests \u2018are created and their dimensions are defined by existing rules or understandings that stem from an independent source such as state law\u2024\u2019 \u201d Bennett v. City of Redfield, 446 N.W.2d 467, 472 (Iowa 1989) (quoting Roth, 408 U.S. at 577, 92 S.Ct. at 2709, 33 L.Ed.2d at 561 property interest typically arises from contractual or statutory limitations on the employer's ability to terminate an employee or can also be created by implied contract, arising out of customs, practices, and de facto policies. Winegar, 20 F.3d at 899 (parties agreed that high school teacher had protected property interest in employment by virtue of teacher's continuing contract under Iowa Code \u00a7\u00a7 279.13-.19 relating to contracts with teachers). Thus, to determine whether a public employee has a property interest in continued employment, we look to state law and any contractual rights Simonson may have. See Bennett, 446 N.W.2d at 472; Wagner v. Texas Univ., 939 F.Supp. 1297, 1311-12 (S.D.Tex.1996) (stating that where employee did not claim deprivation of compensation, state law and any contractual rights must be examined to determine whether employee had property interest in ability to continue to perform job duties). In this case, Simonson was not deprived of any economic benefits because he was placed on paid administrative leave. Cases from other jurisdictions have concluded that a government employee has no constitutionally protected property interest in actually performing his or her job and thus an employee's due process rights are not implicated so long as he or she continues to receive pay and benefits. See Harris v. Board of Educ., 105 F.3d 591, 596-97 (11th Cir.1997) (school board was entitled to qualified immunity where it relieved superintendent of duties while continuing to pay salary; public employee has only a constitutionally protected property interest in economic benefits of his position and does not have any right to actually hold the position and execute the duties of the office); City of Annapolis v. Rowe, 123 Md.App. 267, 717 A.2d 976, 988 (1998) (firefighter who was suspended with pay had no constitutionally protected property interest in actually performing his job, was not deprived of due process, and was not entitled to presuspension hearing), and cases cited therein. Other cases have held, however, that even though the employee is not deprived of the economic benefits of the job, an employee has a constitutionally protected property right in continuous employment by virtue of certain statutorily created procedural rules concerning suspension or demotion. See Wedges/Ledges of Cal., Inc. v. City of Phoenix, 24 F.3d 56, 62 (9th Cir.1994) (\u201cAlthough procedural requirements ordinarily do not transform a unilateral expectation into a protected property interest, such an interest is created if the procedural requirements are intended to be a significant substantive restriction on \u2024 decision making.\u201d) (quotations and citations omitted); Winegar, 20 F.3d at 899 (the parties agreed that a high school teacher had a protected property interest in his employment by virtue of his continuing contract under Iowa Code \u00a7\u00a7 279.13-.19 prescribing procedures for teacher termination or nonrenewal of teacher contracts, culminating with a hearing before the school board); 2/21/25, 6:58 v (1999) | FindLaw 6/16 Division of Family Servs. v. Cade, 939 S.W.2d 546, 553 (Mo.Ct.App.1997) (Missouri statutes which require written notice be given to employees who are to be suspended for more than five days, and permit suspension only for certain causes, give government employees a property interest in jobs); Arneson v. Jezwinski, 225 Wis.2d 371, 592 N.W.2d 606, 618-19 (1999) (state university employee had protected property interest in wages and in continuous employment with university under state statute prescribing that civil service employees may be removed, suspended without pay or discharged only for just cause). 2. Application of law to facts. In this case, Simonson was placed on paid administrative leave and thus he was not deprived of any economic benefits while the University investigated the sexual harassment complaints against him. The district court concluded, however, that Simonson's property interest in continued employment as a tenured professor is guaranteed by his contract with the University and the Board of Regents and by the following provisions of Iowa Administrative Code rule 681-9.1 relating to \u201cPolicies, Practices and Procedures\u201d of the State Board of Regents: 1 10. \u201cSuspension of a member of the faculty or staff\u201d means that during a specified period of time, the member of the faculty or staff is not eligible to continue as an employee of the university, or to resume employment status \u2024 \u2024 C. Sanctions 1. Any student or member of the faculty or staff who is found after appropriate hearings to have violated any of the rules of personal conduct \u2024 may be sanctioned up to and including suspension, expulsion or dismissal faculty or staff member [professor] who is suspended shall receive no salary during the period of suspension; provided, however, that the faculty member shall be paid for work done prior to the date of the suspension order. Appropriate hearings as used throughout these rules means pursuant to existing hearing procedures in effect at the university for students and members of the faculty and staff. (Emphasis added.) The University's personnel policies make no reference concerning when a professor may be placed on paid administrative leave, whether a hearing is required before doing so, or whether such action constitutes a sanction. 2/21/25, 6:58 v (1999) | FindLaw 7/16 According to the University's personnel policies, a faculty member may be sanctioned \u201cafter appropriate hearings.\u201d As noted above, the phrase \u201cmay be sanctioned\u201d includes suspension, expulsion or dismissal without pay. Thus, by inference, a faculty member who is placed on administrative leave with pay is not suspended as that term is defined in the University's personnel policies. We believe that the phrase \u201cmay be sanctioned\u201d is suggestive of disciplinary action that is taken after a formal investigation is completed and would not include the decision to place a professor on paid administrative leave made at the initial stages of an investigation into sexual harassment complaints. Additionally, any sanction imposed on Simonson affecting his tenure would come after the University held proceedings concerning the merits of the sexual harassment complaints. Thus, assuming without deciding that the University's procedural rules concerning suspension create a property interest in employment which entitles a professor to an \u201cappropriate hearing\u201d prior to suspension, those procedural rules would not seem to apply to the University's decision to place a professor on paid administrative leave. We, therefore, conclude that nothing in ISU's personnel policies or rules regarding suspension of employees gives Simonson a protected property interest entitling him to a hearing prior to being placed on paid administrative leave pending investigation of the complaints against him. Thus, Simonson was not deprived of a protected property interest, in the form of an economic benefit or otherwise, when he was placed on paid administrative leave. See Harris, 105 F.3d at 596-97; City of Annapolis, 717 A.2d at 988. We reverse the decision of the district court on this issue. B. Did Simonson have a protected liberty interest at stake? The University also contends that the district court wrongfully concluded that the stigma Simonson allegedly suffered as a result of being placed on paid administrative leave was serious enough to implicate his liberty interests. The district court made no conclusions concerning whether University officials had publicized the reasons for the suspension. 1. Applicable law state may deprive an employee of his or her liberty interest by damaging the employee's reputation so severely that associational or employment opportunities are impaired or foreclosed. Bennett, 446 N.W.2d at 470. We have said that in order to establish a liberty interest due process claim in connection with termination from employment, the employee must prove the following: that the employer published false, stigmatizing charges in connection with the discharge which were denied by the claimant and which seriously damaged the [employee's] employment opportunities or standing and associations in the community, all without notice and opportunity to be heard in a name clearing hearing requested by the [employee]. 2/21/25, 6:58 v (1999) | FindLaw 8/16 Bennett, 446 N.W.2d at 471 (footnotes and citations omitted). We assume that the same rules apply when an employee is placed on paid administrative leave pending investigation of sexual harassment complaints against an employee. \u201cAn employee's liberty interests are implicated when the employer levels accusations at the employee which are so damaging as to make it difficult or impossible for the employee to escape the stigma of those charges.\u201d Shands v. City of Kennett, 993 F.2d 1337, 1347 (8th Cir.1993). The requisite stigma will be found when an employer has accused an employee of dishonesty, immorality, criminality, racism, and the like. Winegar, 20 F.3d at 899. \u201cLiberty interests are not violated by the private disclosure of reasons for discharge from public employment \u2018when there is no public disclosure of the reasons for the discharge.\u2019 \u201d Poynton v. Special Sch. Dist. of St. Louis County, 949 F.Supp. 1407, 1414 (E.D.Mo.1996) (quoting Bishop v. Wood, 426 U.S. 341, 348, 96 S.Ct. 2074, 2079, 48 L.Ed.2d 684, 692 (1976)); see also Bennett, 446 N.W.2d at 471. \u201cUnpublicized accusations do not infringe constitutional liberty interests because by definition, they cannot harm the employee's good name, reputation, honor, or integrity.\u201d Wasson v. Sonoma County Junior College, 4 F.Supp.2d 893, 907 (N.D.Cal.1997). 2. Application of law to facts. Upon our review, we find no evidence in the record that any of the University officials involved in the investigation of the sexual harassment complaints against Simonson publicly disclosed the reasons why Simonson was placed on paid administrative leave. We note that there is some evidence in the record that faculty members-not University officials involved in the investigation-made comments overheard by students to the effect that Simonson \u201cwould not be back\u201d or otherwise disclosed that the charges against Simonson were sexual harassment. However, we do not believe these comments constituted a public disclosure by University officials that would cause a violation of any liberty interest Simonson had in employment. Cf. Poynton, 949 F.Supp. at 1414 (discharged substitute teacher failed to allege or show that defendants made the reasons for his removal public and thus failed to establish a liberty interest that would trigger due process), and Bennett, 446 N.W.2d at 471 (terminated city employee failed to show that reasons for discharge were stigmatizing in nature and thus employee was not deprived of liberty interest due process), with Winegar, 20 F.3d at 899, n. 3 (fact that information concerning allegations that high school teacher physically abused student was disseminated to the point that an outside private investigator was hired and students were interviewed satisfied the publication requirement and was sufficient to implicate teacher's liberty interests). We therefore conclude that Simonson was not deprived of a constitutionally protected liberty interest when the University placed him on paid administrative leave pending the investigation of the sexual harassment complaints against him. C. Summary. 2/21/25, 6:58 v (1999) | FindLaw 9/16 We conclude, that apart from any economic benefits, Simonson did not have a protected property interest in continuing to perform his duties as a professor and thus was not deprived of such property interest when he was placed on paid administrative leave pending the investigation of the sexual harassment complaints against him. See Iowa Code \u00a7 17A.19(8)(a). The University's actions did not amount to a suspension as contemplated by the University's rules because Simonson was not deprived of economic benefits while on administrative leave. We also conclude that the University did not deprive Simonson of a constitutionally protected liberty interest. See Iowa Code \u00a7 17A.19(8)(a). In light of these conclusions, we need not proceed further to examine the level of due process to which Simonson may have been entitled. We also point out that, as a policy matter, the University had a significant interest in acting quickly to remove an employee, who was in a position of public trust, from teaching duties. First, ISU's policy on sexual harassment imposes a duty on the University administrators to respond to sexual harassment complaints brought to their attention. Second, the statements made by the complaining student concerning inappropriate behavior by Simonson were corroborated by other students who had witnessed inappropriate behavior by Simonson at conferences. The University had to view the allegations seriously because the complainant student had retained counsel and had already filed a complaint with the Iowa Civil Rights Commission. Other students also expressed fear of Simonson and were concerned with potential retaliation. Placing Simonson on paid administrative leave was a way the University could protect students, while at the same time ensuring that Simonson continued to receive the economic benefits of his position. In view of our resolution of the issues discussed, we need not address other issues raised by the parties. IV. Disposition. We conclude that Simonson did not have a constitutionally protected property or liberty interest in his continued teaching duties as a professor at Iowa State University that was implicated when the University placed him on paid administrative leave pending the University's investigation of sexual harassment complaints against him. Accordingly, Simonson was not entitled to an evidentiary hearing before the University made the decision to place him on paid administrative leave. Upon our review, we also conclude that the University's decision to place Simonson on paid administrative leave pending investigation of the sexual harassment complaints against him was not in violation of any constitutional or statutory provision urged by petitioner. See Iowa Code \u00a7 17A.19(8)(a). Accordingly, we reverse the decision of the district court and affirm the action of the University 2/21/25, 6:58 v (1999) | FindLaw 10/16 1. The provisions of Iowa Administrative Code rule 681-9 relating to Policies, Practices and Procedures for the Board of Regents have been adopted by the University and form the basis of the University's \u201cPersonnel General Policies.\u201d McGIVERIN, Chief Justice. Was this helpful? Yes No Welcome to FindLaw's Cases & Codes free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law. Go to Learn About the Law v (1999) Docket No: No. 97-1177. 2/21/25, 6:58 v (1999) | FindLaw 11/16 Decided: December 22, 1999 Court: Supreme Court of Iowa. Need to find an attorney? Search our directory by legal issue Enter information in one or both fields (Required) Find a lawyer \uf105 \uf105Practice Management \uf105Legal Technology \uf105Law Students Legal issue need help near (city code or country) Bahawalpur, Punjab \uf057 For Legal Professionals 2/21/25, 6:58 v (1999) | FindLaw 12/16 Get a profile on the #1 online legal directory Harness the power of our directory with your own profile. Select the button below to sign up. Sign up \uf105 Enter your email address to subscribe * Indicates required field Get email updates from FindLaw Legal Professionals Email * 2/21/25, 6:58 v (1999) | FindLaw 13/16 Learn more about FindLaw\u2019s newsletters, including our terms of use and privacy policy. Learn About the Law Get help with your legal needs FindLaw\u2019s Learn About the Law features thousands of informational articles to help you understand your options. And if you\u2019re ready to hire an attorney, find one in your area who can help. Go to Learn About the Law \uf105 \uf105 2/21/25, 6:58 v (1999) | FindLaw 14/16 Need to find an attorney? Search our directory by legal issue Enter information in one or both fields (Required) Find a lawyer Questions? At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Contact us. Stay up-to-date with how the law affects your life. Sign up for our consumer newsletter \uf105 Our Team Accessibility Contact Us \uf105 By Location By Legal Issue By Lawyer Profiles Legal Forms & Services Learn About the Law State Laws U.S. Caselaw U.S. Codes Legal issue need help near (city code or country) Bahawalpur, Punjab \uf057 2/21/25, 6:58 v (1999) | FindLaw 15/16 US: \uf09a \uf16a \uf16d By Name Copyright \u00a9 2025, FindLaw. All rights reserved. Terms > | Privacy > | Disclaimer > | Cookies > 2/21/25, 6:58 v (1999) | FindLaw 16/16", "7391_102.pdf": "\uf39e \uf16d \ue61b \ue07b Enter Search Term Judge tells university to dismiss Simonson Kate Kompas August 19, 1998 After months of speculation and media attention, the administrative hearing of Iowa State professor Michael Simonson came to a close this summer. On June 29, Administrative Judge Donald W. Bohlken released his proposed decision \u2014 that Simonson be dismissed from his position as professor of curriculum and instruction at ISU. Charges were filed against Simonson in September 1997 by three female students, each accusing Simonson of \u201cviolating university policy, creating a hostile environment, offensive conduct and sexual harassment.\u201d In his decision, Bohlken wrote that \u201cthe respondent has proven by a preponderance of the evidence that there are reasonable grounds to believe that the charges against the Appellant [Michael Simonson] are true and support the proposed action of terminating his employment.\u201d On Aug. 6 President Martin Jischke agreed with Bohlken\u2019s decision by releasing his own decision. Jischke wrote that after a \u201ccareful review of the proposed decision find that there is sufficient evidence, even without the charges dismissed by the [Administrative Law Judge], to conclude there are \u2018reasonable grounds to believe that the charges (remaining) against the Appellant [Michael Simonson] are true and support the proposed action of terminating his employment.'\u201d Despite repeated attempts, neither Simonson nor his lawyer Stephan Terrill were available for comment State Auditor Rob Sand gives lecture on government accountability February 21, 2025 offering internship and employment resources for international students February 20, 2025 Three meets await Iowa State track and field this weekend February 20, 2025 No. 26 Iowa State returns home to host No. 31 February 20, 2025 Reiman Gardens\u2019 big \u2018Instagramable\u2019 plans for 2025 February 20, 2025 Shortly after Bohlken\u2019s decision was released, but before Simonson was dismissed, he told the Daily that he is still asserting his innocence. \u201cWe are continuing to believe that the accusations made against me are false,\u201d Simonson told the Daily in July. \u201cMy family and friends and colleagues are supporting me.\u201d When Jischke released his decision, the termination of Simonson, who was a tenured professor at ISU, became official, said John McCaroll, director of university relations. \u201cHe is no longer an employee of the university,\u201d McCaroll said. \u201cHe is not scheduled to teach this fall.\u201d McCaroll said the administration agrees with the decisions of Bohlken and Jischke regarding Simonson\u2019s dismissal. \u201cWe think the dismissal was entirely appropriate. [Simonson] was found by the judge to have engaged in a pattern of sexual harassment involving three separate complaints, and in one case, sexually assaulted one of them,\u201d McCaroll said. \u201cWe believe the dismissal is entirely appropriate, [given] the seriousness of this case. \u201cThe conduct is not the kind of conduct that has any place at Iowa State, and we are particularly concerned when it involves students,\u201d he said. Paul Tanaka, director of university legal services, agreed the allegations were of the most serious nature think that there\u2019s no question that these were very serious charges,\u201d Tanaka said. \u201cJudge Bohlken found a pattern of not only sexual harassment but sexual abuse, which is a crime in this state.\u201d Another important part of the judge\u2019s decision that was often overlooked, Tanaka said, was that \u201cDr. Simonson had misrepresented his conduct.\u201d After being placed on leave with pay in February 1997, Simonson sued the university, claiming that the case had not been given due-process rights. Simonson\u2019s administrative hearing began in December 1997, and it lasted more than a month. During the trial, the three women testified against the professor. Simonson himself had family members and friends testify to his \u201cdedicated and respected\u201d character during the course of his hearing. According the president\u2019s decision, Simonson has until Aug. 21 to appeal Jischke\u2019s decision. As of press time, he has not filed an appeal. Donate to Iowa State Daily $5910 $10000 Contributed Our Goal Donate Leave a Comment Your donation will support the student journalists of the Iowa State Daily. Your contribution will allow us to purchase equipment, send our student journalists to conferences and off-set their cost of living so they can continue to do best-in-the-nation work at the Iowa State Daily. \u00a9 2025 Pro WordPress Theme by \u2022 Log in Kate Kompas, Author About the Writer Iowa State Daily The independent student newspaper of Iowa State and Ame\u2026 \uf39e \uf16d \ue61b \ue07b Enter Search Term \uf002 About Advertise with Apply Donate Calendar Contact", "7391_103.pdf": "From Casetext: Smarter Legal Research Simonson v. Iowa State University Supreme Court of Iowa Dec 22, 1999 603 N.W.2d 557 (Iowa 1999) Copy Citation Download Check Treatment Take care of legal research in a matter of minutes with CoCounsel, your new legal assistant. Try CoCounsel free No. 268 / 97-1177. Filed December 22, 1999. Appeal from the Iowa District Court for Story County, Timothy J. Finn, Judge. *558 558 Thomas J. Miller, Attorney General, Elizabeth Osenbaugh, Solicitor General, and Diane M. Stahle, Assistant Attorney General, for appellants. Stephen M. Terrill of Terrill Martens Law Offices, Ames, for appellee. Sign In Search all cases and statutes... Opinion Case details 2/21/25, 6:59 Simonson v. Iowa State University, 603 N.W.2d 557 | Casetext Search + Citator 1/15 McGIVERIN, Chief Justice. Considered by McGiverin, C.J., and Carter, Lavorato, Neuman and Ternus, JJ. The main question here is whether a tenured state university professor has a constitutional right to an evidentiary hearing before the university can place him on paid administrative leave pending an investigation of student sexual harassment complaints against him. The university appeals a district court decision requiring it to hold such a hearing. Upon our review, we reverse. I. Background facts and proceedings. A. Placement on paid administrative leave. On February 10, 1997, Camilla Benbow, acting Dean of the College of Education at Iowa State University or University), was advised by Richard Zbaracki, Chair of the Department of Curriculum and Instruction, that a student in that college was planning to file a sexual harassment complaint against tenured Professor Michael R. Simonson. The student had talked to her \"sexual harassment assistor\" (an individual in the department charged with giving confidential advice and counsel to students on sexual harassment matters), as well as to two other faculty members about filing a complaint. The student had also dropped out of a program with which Simonson was connected. *559 559 Later, on February 11, two staff members informed Daniel Reschly, Associate Dean of the College of Education, that they had a conversation with a graduate student who was concerned about sexual harassment by Simonson and that the student was concerned about retaliation for having spoken out. The two staff members did not discuss the specific nature of the complaints, but did tell Reschly that the allegations against Simonson were \"extremely serious.\" Reschly immediately informed Benbow of his conversation with the two staff members. That same day Benbow advised Provost John Kozak of the 2/21/25, 6:59 Simonson v. Iowa State University, 603 N.W.2d 557 | Casetext Search + Citator 2/15 matter and also talked about it with Director of Affirmative Action, Carla Espinoza. Also on February 11, another member of the faculty, Ann Thompson, informed Benbow that in September 1996, a student had raised concerns to her about Simonson's behavior, but the student had never filed a complaint. Thompson indicated that the student may now be willing to come forward. Thompson also informed Benbow of an incident where Simonson had arrived at a student's house drunk although the student had told him she did not want him to come to her home. The complaining student told Thompson that Simonson had confronted her and another student, trying to find out who might be filing complaints against him, and that she was terrified. Thompson also stated that certain students had witnessed inappropriate behavior by Simonson at conferences, and that the students were afraid to come forward because they were concerned about retaliation. Later that day, a meeting was held in Espinoza's (Director of Affirmative Action) office. Persons present included Espinoza, a complaining student and her attorney, the sexual harassment assistor, and Hessie Harris, associate legal counsel for the University. The complainant gave Espinoza the names, dates, and description of events relating to the alleged incidents of sexual harassment by Simonson. Following the meeting, Espinoza called Benbow and told Benbow that she felt the complaint should be investigated and that some immediate action should be taken. Espinoza recommended that Simonson be placed on administrative leave with pay and that authorization for his imminent trip to a conference in New Mexico be withdrawn. Later that evening of February 11, Dean Benbow informed Simonson by telephone that a formal complaint of sexual harassment had been made against him and that he was being placed on paid administrative leave pending the outcome of the investigation. Benbow also told Simonson that the University was rescinding its approval for him to attend the conference in New Mexico. According to Benbow, this decision was based on concerns that an important witness and potential complainant was scheduled to attend the conference and that the University may be at risk if it allowed 2/21/25, 6:59 Simonson v. Iowa State University, 603 N.W.2d 557 | Casetext Search + Citator 3/15 Simonson to attend the conference in light of the sexual harassment allegations. On February 13, Dean Benbow wrote to Simonson confirming the telephone call and stating that a formal complaint had been filed. The letter imposed several restrictions concerning Simonson's teaching and other duties. Specifically, Simonson was required to turn in his keys to his office and was advised to have no contact with students and not to come to campus unless for an approved visit. On February 13, the student filed a formal written complaint with the Affirmative Action Office. The student later retrieved the complaint to add more information. On February 14, Simonson appeared at the Provost's office with a letter demanding that an appeal of his suspension be heard by 4:00 p.m. that day. The Provost, John Kozak, was out of town. Simonson then requested that Associate Provost Edwin Lewis hear his appeal that day. *560 560 Later that day, a meeting was held in Lewis' office attended by Lewis, Benbow, Hessie Harris (acting as attorney for Benbow and Espinoza) attorney Paul Tanaka (attending as \"legal advisor\" for Lewis), Simonson and his attorney. Lewis postponed making a decision on Simonson's appeal until Provost Kozak returned. On February 17, six days after being placed on paid administrative leave, Simonson received a copy of the written complaint of sexual harassment. On February 18, the Provost denied Simonson's appeal of Benbow's decision placing him on paid administrative leave, but adjusted some of the restrictions concerning Simonson's administrative duties. On February 24, Simonson appealed the Provost's decision to the Faculty Senate Committee on Judiciary and Appeals. Thereafter, the University Faculty Senate Committee formed an ad hoc subcommittee to consider Simonson's appeal. After an investigation, the ad hoc subcommittee of the Faculty Senate submitted its report to the full committee on March 17. B. The present action. 2/21/25, 6:59 Simonson v. Iowa State University, 603 N.W.2d 557 | Casetext Search + Citator 4/15 Simonson filed a petition, as amended, for judicial review in district court on March 19, against respondents Iowa State University, Benbow, Espinoza and Kozak, alleging that he had been deprived of property and liberty interests protected by the Due Process Clauses of the United States and Iowa Constitutions. See U.S. Const. amend. XIV, \u00a7 1; Iowa Const. art. I, \u00a7 9. Simonson sought reinstatement to his teaching duties at ISU. For simplicity, we will refer to respondents collectively as or the University, unless otherwise necessary. On March 26, the Faculty Senate Committee met and unanimously adopted the ad hoc committee's report that recommended reinstatement of Simonson. The committee's report was delivered to University President Jischke on March 31 for his review and action hearing was held in district court on April 11, 1997, concerning Simonson's petition. President Jischke eventually rendered his decision on April 21, and rejected the recommendation of the Faculty Senate that Simonson be taken off administrative leave pending the completion of the investigation. By consent of the attorneys for the parties, President Jischke's decision was submitted as part of the record before the district court to be considered in ruling on Simonson's petition. On May 9, 1997, the district court issued its decision, concluding that the University had deprived Simonson of a protected property and liberty interest without due process of law. The case was remanded to the University with instructions that the University give Simonson a hearing, with notice of the allegations against him, the right to hear and cross- examine those witnesses complaining against him, and the right to present evidence on his own behalf. The district court also ordered that Simonson should be reinstated to his rights and duties as a full, tenured professor. The University appeals the district court's decision that it was required to give Simonson a full, evidentiary-type hearing prior to placing him on paid administrative leave. The University does not contend that Simonson failed to exhaust any administrative remedies. 2/21/25, 6:59 Simonson v. Iowa State University, 603 N.W.2d 557 | Casetext Search + Citator 5/15 Plaintiff Simonson filed before us a motion to amend the record and dismiss the appeal. We ordered that the motion be submitted with the appeal. After due consideration, the motion is overruled. II. Standard of review. The parties seem to agree that Simonson sought relief in district court pursuant to the judicial review provisions of Iowa Code chapter 17A (1997). Specifically, Simonson sought judicial review of the University's (i.e., agency) decision to place him on paid administrative leave pending investigation *561 of the sexual harassment complaints against him without a prior evidentiary hearing. 561 Under Iowa Code chapter 17A, an agency's action is characterized as rule- making, contested case or other agency action. Hurd v. Iowa Dep't of Human Servs., 580 N.W.2d 383, 388 (Iowa), cert. denied, ___ U.S. ___, 119 S.Ct. 455, 142 L.Ed.2d 408 (1998 review of the record suggests that the action taken by the University in placing Simonson on paid administrative leave falls into the category of \"other agency action.\" Our review of a district court's judicial review ruling is ordinarily for correction of errors at law. Bennett v. Iowa Dep't of Natural Resources, 573 N.W.2d 25, 27 (Iowa 1997). When constitutional issues are raised, however, we must make an independent evaluation of the totality of the evidence and our review in such cases is de novo. Office of Consumer Advocate v. Iowa State Commerce Comm'n, 465 N.W.2d 280, 281 (Iowa 1991). We apply the standards of section 17A.19(8) to assess whether our conclusions are the same as those reached by the district court. Mortimer v. Fruehauf Corp., 502 N.W.2d 12, 14 (Iowa 1993). Upon our review, we may affirm, reverse, modify or grant any other appropriate relief, equitable or legal. Iowa Code \u00a7\u00a7 17A.19(8), 17A.20. The operative question on judicial review in the present case is whether substantial rights of the petitioner have been prejudiced because the University's action (i.e., the agency) is in alleged violation of constitutional or statutory provisions. See Iowa Code \u00a7 17A.19(8)(a). 2/21/25, 6:59 Simonson v. Iowa State University, 603 N.W.2d 557 | Casetext Search + Citator 6/15 III. Was a protected right of Simonson infringed by the University's actions? The main issue in this appeal is whether Simonson was entitled to a hearing before he was placed on paid administrative leave government employee is entitled to constitutional procedural due process only when the employee has been deprived of a protected property or liberty interest. See Board of Regents v. Roth, 408 U.S. 564, 570-71, 92 S.Ct. 2701, 2705, 33 L.Ed.2d 548, 556 (1972). Once it is determined that an employer's decision implicates a protected property or liberty interest, the court must then determine what process is constitutionally due, or whether a hearing is required in a given case, by balancing three competing interests: (1) the private interest affected by the official action; (2) the governmental interest; and (3) the risk that erroneous deprivation of the private interest will occur, using the current procedures and the probable value, if any, of additional or substitute procedural safeguards. Gilbert v. Homar, 520 U.S. 924, 931, 117 S.Ct. 1807, 1812, 138 L.Ed.2d 120, 128 (1997); Callender v. Skiles, 591 N.W.2d 182, 189 (Iowa 1999). The first step in our analysis is to determine whether the University's action in placing Simonson on paid administrative leave deprived Simonson of a constitutionally protected property or liberty interest. A. Was Simonson deprived of a property right? At this point in our discussion, we believe it helpful to clarify that Simonson was not suspended, but rather was placed on paid administrative leave pending the investigation of the sexual harassment complaint filed against him. 1. Applicable law. Public employees who can be discharged only for cause have a constitutionally protected property interest in their tenure and cannot be fired without due process. Gilbert, 520 U.S. at 929, 117 S.Ct. at 1811, 138 L.Ed.2d at 126 person must have a legitimate claim of entitlement to his or her employment to have a property interest in it. Roth, 408 *562 U.S. at 577, 92 S.Ct. at 2709, 33 L.Ed.2d at 561. \"When such a property interest 562 2/21/25, 6:59 Simonson v. Iowa State University, 603 N.W.2d 557 | Casetext Search + Citator 7/15 exists, the employee is entitled to a hearing or some related form of due process before being deprived of the interest.\" Winegar v. Des Moines Ind. Community Sch. Dist., 20 F.3d 895, 899 (8th Cir. 1994). \"Property interests `are created and their dimensions are defined by existing rules or understandings that stem from an independent source such as state law. . . .'\" Bennett v. City of Redfield, 446 N.W.2d 467, 472 (Iowa 1989) (quoting Roth, 408 U.S. at 577, 92 S.Ct. at 2709, 33 L.Ed.2d at 561 property interest typically arises from contractual or statutory limitations on the employer's ability to terminate an employee or can also be created by implied contract, arising out of customs, practices, and de facto policies. Winegar, 20 F.3d at 899 (parties agreed that high school teacher had protected property interest in employment by virtue of teacher's continuing contract under Iowa Code \u00a7\u00a7 279.13-.19 relating to contracts with teachers). Thus, to determine whether a public employee has a property interest in continued employment, we look to state law and any contractual rights Simonson may have. See Bennett, 446 N.W.2d at 472; Wagner v. Texas Univ., 939 F. Supp. 1297, 1311-12 (S. D. Tex. 1996) (stating that where employee did not claim deprivation of compensation, state law and any contractual rights must be examined to determine whether employee had property interest in ability to continue to perform job duties). In this case, Simonson was not deprived of any economic benefits because he was placed on paid administrative leave. Cases from other jurisdictions have concluded that a government employee has no constitutionally protected property interest in actually performing his or her job and thus an employee's due process rights are not implicated so long as he or she continues to receive pay and benefits. See Harris v. Board of Educ., 105 F.3d 591, 596-97 (11th Cir. 1997) (school board was entitled to qualified immunity where it relieved superintendent of duties while continuing to pay salary; public employee has only a constitutionally protected property interest in economic benefits of his position and does not have any right to actually hold the position and execute the duties of the office); City of Annapolis v. Rowe, 717 A.2d 976, 988 (Md. Ct. Spec. App. 1998) (firefighter who was suspended with pay had no constitutionally protected property interest in actually performing his job, was not deprived of due process, and was not entitled to presuspension hearing), and cases cited therein. 2/21/25, 6:59 Simonson v. Iowa State University, 603 N.W.2d 557 | Casetext Search + Citator 8/15 Other cases have held, however, that even though the employee is not deprived of the economic benefits of the job, an employee has a constitutionally protected property right in continuous employment by virtue of certain statutorily created procedural rules concerning suspension or demotion. See Wedges/Ledges of Cal., Inc. v. City of Phoenix, 24 F.3d 56, 62 (9th Cir. 1994) (\"Although procedural requirements ordinarily do not transform a unilateral expectation into a protected property interest, such an interest is created if the procedural requirements are intended to be a significant substantive restriction on . . . decision making.\") (quotations and citations omitted); Winegar, 20 F.3d at 899 (the parties agreed that a high school teacher had a protected property interest in his employment by virtue of his continuing contract under Iowa Code \u00a7\u00a7 279.13-.19 prescribing procedures for teacher termination or nonrenewal of teacher contracts, culminating with a hearing before the school board); Division of Family Servs. v. Cade, 939 S.W.2d 546, 553 (Mo.Ct.App. 1997) (Missouri statutes which require written notice be given to employees who are to be suspended for more than five days, and permit suspension only for certain causes, give government employees a property interest in jobs); Arneson v. Jezwinski, 592 N.W.2d 606, 618-19 (Wis. 1999) (state university employee had protected property interest in *563 wages and in continuous employment with university under state statute prescribing that civil service employees may be removed, suspended without pay or discharged only for just cause). 563 2. Application of law to facts. In this case, Simonson was placed on paid administrative leave and thus he was not deprived of any economic benefits while the University investigated the sexual harassment complaints against him. The district court concluded, however, that Simonson's property interest in continued employment as a tenured professor is guaranteed by his contract with the University and the Board of Regents and by the following provisions of Iowa Administrative Code rule 681-9.1 relating to \"Policies, Practices and Procedures\" of the State Board of Regents:1 1 The provisions of Iowa Administrative Code rule 681-9 relating to Policies, Practices and Procedures for the Board of Regents have been adopted by the 2/21/25, 6:59 Simonson v. Iowa State University, 603 N.W.2d 557 | Casetext Search + Citator 9/15 University and form the basis of the University's \"Personnel General Policies.\" 10. \" Suspension of a member of the faculty or staff\" means that during a specified period of time, the member of the faculty or staff is not eligible to continue as an employee of the university, or to resume employment status. . . . . . . . C. Sanctions 1. Any student or member of the faculty or staff who is found after appropriate hearings to have violated any of the rules of personal conduct . . . may be sanctioned up to and including suspension, expulsion or dismissal faculty or staff member [professor] who is suspended shall receive no salary during the period of suspension; provided, however, that the faculty member shall be paid for work done prior to the date of the suspension order. Appropriate hearings as used throughout these rules means pursuant to existing hearing procedures in effect at the university for students and members of the faculty and staff. (Emphasis added.) The University's personnel policies make no reference concerning when a professor may be placed on paid administrative leave, whether a hearing is required before doing so, or whether such action constitutes a sanction. According to the University's personnel policies, a faculty member may be sanctioned \" after appropriate hearings.\" As noted above, the phrase \"may be sanctioned\" includes suspension, expulsion or dismissal without pay. Thus, by inference, a faculty member who is placed on administrative leave with pay is not suspended as that term is defined in the University's personnel policies. We believe that the phrase \"may be sanctioned\" is suggestive of disciplinary action that is taken after a formal investigation is completed and would not include the decision to place a professor on paid administrative leave made 2/21/25, 6:59 Simonson v. Iowa State University, 603 N.W.2d 557 | Casetext Search + Citator 10/15 at the initial stages of an investigation into sexual harassment complaints. Additionally, any sanction imposed on Simonson affecting his tenure would come after the University held proceedings concerning the merits of the sexual harassment complaints. Thus, assuming without deciding that the University's procedural rules concerning suspension create a property interest in employment which entitles a professor to an \"appropriate hearing\" prior to suspension, those procedural rules would not seem to apply to the University's decision to place a professor on paid administrative leave. We, therefore, conclude that nothing in ISU's personnel policies or rules regarding suspension of employees gives Simonson a protected property interest entitling him to a hearing prior to being placed on paid administrative leave pending investigation of the complaints against him. Thus, Simonson was not deprived of a protected property interest, in the form of an economic benefit or otherwise, when he was *564 placed on paid administrative leave. See Harris, 105 F.3d at 596-97; City of Annapolis, 717 A.2d at 988. We reverse the decision of the district court on this issue. 564 B. Did Simonson have a protected liberty interest at stake? The University also contends that the district court wrongfully concluded that the stigma Simonson allegedly suffered as a result of being placed on paid administrative leave was serious enough to implicate his liberty interests. The district court made no conclusions concerning whether University officials had publicized the reasons for the suspension. 1. Applicable law state may deprive an employee of his or her liberty interest by damaging the employee's reputation so severely that associational or employment opportunities are impaired or foreclosed. Bennett, 446 N.W.2d at 470. We have said that in order to establish a liberty interest due process claim in connection with termination from employment, the employee must prove the following: 2/21/25, 6:59 Simonson v. Iowa State University, 603 N.W.2d 557 | Casetext Search + Citator 11/15 that the employer published false, stigmatizing charges in connection with the discharge which were denied by the claimant and which seriously damaged the [employee's] employment opportunities or standing and associations in the community, all without notice and opportunity to be heard in a name clearing hearing requested by the [employee]. Bennett, 446 N.W.2d at 471 (footnotes and citations omitted). We assume that the same rules apply when an employee is placed on paid administrative leave pending investigation of sexual harassment complaints against an employee. \"An employee's liberty interests are implicated when the employer levels accusations at the employee which are so damaging as to make it difficult or impossible for the employee to escape the stigma of those charges.\" Shands v. City of Kennett, 993 F.2d 1337, 1347 (8th Cir. 1993). The requisite stigma will be found when an employer has accused an employee of dishonesty, immorality, criminality, racism, and the like. Winegar, 20 F.3d at 899. \"Liberty interests are not violated by the private disclosure of reasons for discharge from public employment `when there is no public disclosure of the reasons for the discharge.'\" Poynton v. Special Sch. Dist. of St. Louis County, 949 F. Supp. 1407, 1414 (E.D. Mo. 1996) (quoting Bishop v. Wood, 426 U.S. 341, 348, 96 S.Ct. 2074, 2079, 48 L.Ed.2d 684, 692 (1976)); see also Bennett, 446 N.W.2d at 471. \"Unpublicized accusations do not infringe constitutional liberty interests because by definition, they cannot harm the employee's good name, reputation, honor, or integrity.\" Wasson v. Sonoma County Junior College, 4 F. Supp.2d 893, 907 (N.D. Cal. 1997). 2. Application of law to facts. Upon our review, we find no evidence in the record that any of the University officials involved in the investigation of the sexual harassment complaints against Simonson publicly disclosed the reasons why Simonson was placed on paid administrative leave. We note that there is some evidence in the record that faculty members \u2014 not University officials involved in the investigation made comments overheard by students to the effect that Simonson \"would not be back\" or otherwise disclosed that the 2/21/25, 6:59 Simonson v. Iowa State University, 603 N.W.2d 557 | Casetext Search + Citator 12/15 charges against Simonson were sexual harassment. However, we do not believe these comments constituted a public disclosure by University officials that would cause a violation of any liberty interest Simonson had in employment. Cf. Poynton, 949 F. Supp. at 1414 (discharged substitute teacher failed to allege or show that defendants made the reasons for his removal public and thus failed to establish a liberty interest that would trigger due process), and Bennett, 446 N.W.2d at 471 (terminated city employee failed to show that reasons for discharge were stigmatizing *565 in nature and thus employee was not deprived of liberty interest due process), with Winegar, 20 F.3d at 899, n. 3 (fact that information concerning allegations that high school teacher physically abused student was disseminated to the point that an outside private investigator was hired and students were interviewed satisfied the publication requirement and was sufficient to implicate teacher's liberty interests). We therefore conclude that Simonson was not deprived of a constitutionally protected liberty interest when the University placed him on paid administrative leave pending the investigation of the sexual harassment complaints against him. 565 C. Summary. We conclude, that apart from any economic benefits, Simonson did not have a protected property interest in continuing to perform his duties as a professor and thus was not deprived of such property interest when he was placed on paid administrative leave pending the investigation of the sexual harassment complaints against him. See Iowa Code \u00a7 17A.19(8)(a). The University's actions did not amount to a suspension as contemplated by the University's rules because Simonson was not deprived of economic benefits while on administrative leave. We also conclude that the University did not deprive Simonson of a constitutionally protected liberty interest. See Iowa Code \u00a7 17A.19(8)(a). In light of these conclusions, we need not proceed further to examine the level of due process to which Simonson may have been entitled. We also point out that, as a policy matter, the University had a significant interest in acting quickly to remove an employee, who was in a position of public trust, from teaching duties. First, ISU's policy on sexual harassment imposes a duty on the University administrators to respond to sexual 2/21/25, 6:59 Simonson v. Iowa State University, 603 N.W.2d 557 | Casetext Search + Citator 13/15 harassment complaints brought to their attention. Second, the statements made by the complaining student concerning inappropriate behavior by Simonson were corroborated by other students who had witnessed inappropriate behavior by Simonson at conferences. The University had to view the allegations seriously because the complainant student had retained counsel and had already filed a complaint with the Iowa Civil Rights Commission. Other students also expressed fear of Simonson and were concerned with potential retaliation. Placing Simonson on paid administrative leave was a way the University could protect students, while at the same time ensuring that Simonson continued to receive the economic benefits of his position. In view of our resolution of the issues discussed, we need not address other issues raised by the parties. IV. Disposition. We conclude that Simonson did not have a constitutionally protected property or liberty interest in his continued teaching duties as a professor at Iowa State University that was implicated when the University placed him on paid administrative leave pending the University's investigation of sexual harassment complaints against him. Accordingly, Simonson was not entitled to an evidentiary hearing before the University made the decision to place him on paid administrative leave. Upon our review, we also conclude that the University's decision to place Simonson on paid administrative leave pending investigation of the sexual harassment complaints against him was not in violation of any constitutional or statutory provision urged by petitioner. See Iowa Code \u00a7 17A.19(8)(a). Accordingly, we reverse the decision of the district court and affirm the action of the University. REVERSED. *566 566 2/21/25, 6:59 Simonson v. Iowa State University, 603 N.W.2d 557 | Casetext Search + Citator 14/15 About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/21/25, 6:59 Simonson v. Iowa State University, 603 N.W.2d 557 | Casetext Search + Citator 15/15", "7391_104.pdf": "University of Tulsa College of Law University of Tulsa College of Law Law Digital Commons Law Digital Commons Articles, Chapters in Books and Other Contributions to Scholarly Works 2000 Employment Discrimination in Higher Education Employment Discrimination in Higher Education Oren R. Griffin Thomas P. Hustoles Follow this and additional works at: Part of the Constitutional Law Commons, Education Law Commons, and the Labor and Employment Law Commons During 1999, the most significant development in employment discrimina- tion law involving colleges and universities, by a large margin, was a series of cases affirming that Eleventh Amendment immunity from private money damage claims brought pursuant to various federal employment discrimina- tion statutes applied to state colleges and universities. This development eventually culminated in the Supreme Court's year 2000 decision in Kimel v. Florida Board of Regents.' Numerous other interesting decisions were ren- dered that, although not creating any bold new law, either affirmed trends in past cases, or illustrated important practical implications for generally pre- dicting judicial outcomes given certain fact patterns. After a survey of the 1999 Eleventh Amendment decisions, this review will address additional de- cisions in the areas of tenure, sexual harassment, Title VII, age discrimina- tion, revocation of settlement offers, and employee/faculty misconduct good example of the application of Eleventh Amendment immunity to a state university is Goss v. Arkansas.2 In this case, the plaintiff brought an age discrimination suit against the State of Arkansas and the University of Arkansas.3 The defendants moved at trial for summary judgment alleging that they were immune from suit under the Eleventh Amendment.4 The trial court held that 29 U.S.C. \u00a7 630 (b) of the Age Discrimination in Employment Act (ADEA), which specifically made the states subject to suit for age dis- crimination, was a constitutional exercise of congressional power and eroded Eleventh Amendment immunity for the defendants.5 The Eighth Circuit re- versed, holding that the does not abrogate Eleventh Amendment im- munity and even if it did, it would have been unconstitutional to do so.6 The court relied on an earlier case coming to the same result, Humenansky v. Regents of the University of Minnesota.7 * Mr. Hustoles is a partner in the Michigan-based law firm of Miller, Canfield, Paddock and Stone, P.L.C. ** Mr. Griffin, Ph.D., J.D., is an associate with Elarbee, Thompson & Trapnell, LLP, a law firm in Atlanta, Georgia. 1. 528 U.S. 62 (2000). 2. 164 F.3d 430 (8th Cir. 1999). 3. See id. at 431. 4. See id. 5. See id. 6. See id. 7. 152 F.3d 822 (8th Cir. 1998). 342 Although technically beyond the scope of this review of 1999 cases, it is important to note that the United States Supreme Court, in Kimel, agreed with the result in Goss, holding that the Eleventh Amendment was a bar to claims against states or state agencies. This decision, which involved the Florida Board of Regents, unequivocally provides Eleventh Amendment immunity to state colleges and universities for federal private actions for damage claims asserting discrimination on the basis of age. Other 1999 Eleventh Amendment immunity college and university deci- sions were decided in the context of different kinds of discrimination claims. In Garrett v. University of Alabama8 the Eleventh Circuit held that states do not have sovereign immunity from claims brought under the Americans with Disabilities Act (ADA) because Congress unequivocally expressed its intent to abrogate that immunity.9 The court further held that states do not have sovereign immunity regarding the Rehabilitation Act.10 The court opined, however, that states do retain immunity from Family and Medical Leave Act (FMLA) claims dealing with leave sought by state employees due to an ongo- ing medical condition.\" The issue is not yet settled, with the Second, Fourth, Fifth, Ninth, and Tenth Circuits agreeing with the position taken in Garrett, but with the Seventh and Eighth 12 Circuits upholding Eleventh Amendment immunity defenses to the ADA. The Supreme Court is ex- pected to resolve this issue next term, and based upon its decision in Kimel, will probably find that the Eleventh Amendment immunity defense will ap- ply to and claims. Finally, in Litman v. George Mason University,\"3 the Fourth Circuit held that, by accepting federal funds, a public university waives Eleventh Amend- ment immunity to private actions brought under Title IX.' 4 The court found that 42 U.S.C. \u00a7 2000d-7(a)(1), which conditions acceptance of federal funds on a school's agreement to waive its immunity, was a constitutional exercise of congressional spending power.1 5 The impact of these decisions on certain discrimination claims against state colleges and universities is patently of tremendous significance. Prior to these developments, most age discrimination claims, for example, were brought in federal court. Now, all such claims for money damages by private parties will be brought in state court, under state law governing age discrimi- nation. There are two primary practical impacts on the litigation of these claims. First, federal court is lost as a forum in states and local jurisdictions where heretofore the plaintiff (or often the defendant university, where re- moval was appropriate) preferred to litigate in federal court. 8. 193 F.3d 1214 (11th Cir. 1999), cert. granted, 120 S.Ct. 1669 (2000). 9. See id. at 1220. 10. See id. 11. See id. at 1219. 12. See Erickson v. Board of Governors of State Colleges & Univ. for N.E. Ill. Univ., No. 98-3614, 2000 U.S. App 5074 (7th Cir. Mar. 27, 2000). 13. 186 F.3d 544 (4th Cir. 1999). 14. See id. at 557. 15. See id. at 555. [Vol. 27, No. 2 Second, the underlying statutory basis for such claims shifts from primarily a national federal statutory framework, to one controlled by state law. Again using age discrimination as an example, states generally have state law pro- tections against age discrimination. They are, however, at times substantially different than those provided for by federal law. For example, under the ADEA, a person is protected from age forty and upward. Many state laws simply prohibit discrimination based upon \"age\" in general, with no specific band of covered ages The general category of tenure is one area of employment discrimination that is most peculiar to colleges and universities. Several noteworthy deci- sions were rendered in this arena during 1999. Krystek v. University of Southern Mississippi16 involved an appeal by the University of Southern Mississippi from the trial court's finding that the uni- versity violated Title by denying Professor Krystek tenure, and from the trial court's refusal to grant the university's motion for judgment notwith- standing the jury's verdict. The plaintiff was denied tenure for failure to pub- lish enough scholarly work. He claimed that he was discriminated against on the basis of gender because women were held to a lesser standard for ten- ure.17 The primary evidence in support of this claim was the plaintiff's claim that the Dean admitted that there were different standards for males than for females, and that two specific female comparables were granted tenure based on the lower standard. 18 The Fifth Circuit reversed the trial court, holding that the university was entitled to judgment as a matter of law.19 In its analysis, the court minimized the Dean's comment as a \"stray remark\" made well before the plaintiff's tenure decision was rendered, and as made by a person not in the position to make any final decision about tenure.20 The court also found that the plain- tiff's scholarship record, consisting of some short articles for a bar journal but without any full-length publications, did not qualify him for tenure for pur- poses of meeting his basic burden of proof.21 The court noted that the plain- tiff had not presented any tenured member of the faculty who had not published a substantial piece of scholarly work and could not point to a simi- larly situated female professor who was awarded tenure without publishing scholarly work.22 This case strongly supports and illustrates the generally self-evident pro- position that scholarly publications are a critical element of the criteria for tenure. 16. 164 F.3d 252 (5th Cir. 1999). 17. See id. at 255. 18. See id. 19. See id. at 258. 20. See id. at 256. 21. See id. at 257. 22. See id. 2000] 344 In Bigler v. Cornell University,23 the plaintiff was a tenured professor at Cornell who was dismissed from its medical college for failure to fulfill his duties. The court found that the evidence supported the findings of Cornell's board that he failed to fulfill his duties as a tenured faculty member, and that the board's decision to revoke tenure and dismiss him from the faculty was not arbitrary and capricious. 24 The court concluded by noting the general rule of judicial tendency not to interfere with academic decisions regarding, among other things, promotion, appointment, and tenure.25 This is yet an- other in a long line of such decisions. Similarly, in Peterson v. City University of New York, 26 the plaintiff alleged that the university engaged in gender and age discrimination by denying her tenure university's Executive Committee had decided to reject her appli- cation for tenure. She appealed the decision, and the appeal was rejected. 27 The university gave as the reason for denial of tenure a judgmental one - that her record of scholarship, research, publication, and professional activities was insufficient to warrant an award of tenure. 28 The court found that sum- mary judgment was appropriate because the plaintiff had offered no concrete evidence of any discriminatory motive and intent, while the university of- fered a sufficient non-discriminatory reason for denial in its conclusions re- garding her qualifications as to her record as a whole.29 The court noted further that the plaintiff was afforded ample opportunities to appeal the rul- ings of the various committees that had considered her tenure applications.30 Dobbs-Weinstein v. Vanderbilt University31 presents the interesting ques- tion of whether a recommendation against tenure at a preliminary level, where tenure is ultimately achieved, can constitute an \"adverse employment action\" sufficient to state a claim under Title VII.32 The acting Dean of the College of Arts and Letters at Vanderbilt declined to agree with the philoso- phy department recommendation in favor of tenure.33 The plaintiff filed a grievance with the Academic Senate, which referred the matter to the Sen- ate's Promotion and Tenure Review Committee. That committee, although stating that the acting Dean's rationale was legitimate, recommended that tenure be granted. The Board of Trustees followed this positive recommen- dation, and granted tenure, along with back pay.34 In spite of her ultimate achievement of tenure, the plaintiff alleged that the Dean discriminated against her by not agreeing with her department, and 23. 698 N.Y.S.2d 472 (N.Y. App. Div. 1999). 24. See id. at 473. 25. See id. 26. 32 F. Supp. 2d 675 (S.D.N.Y. 1999). 27. See id. at 679. 28. See id. 29. See id. at 688. 30. See id. at 686. 31. 185 F.3d 542 (6th Cir. 1999). 32. Id. at 545. 33. See id. at 544. 34. See id. [Vol. 27, No. 2 recommending against tenure. She claimed that her eventual receipt of ten- ure, with back pay, did not appropriately compensate her for the loss of repu- tation and emotional distress she suffered as a result of the Dean's recommendation. 35 The court held, in a fashion eminently consistent with common sense, that because the plaintiff achieved tenure and back pay, there was no \"adverse employment action\" as required to establish a prima facie case under Title VII.36 Any ruling to the contrary could have opened up a floodgate of suits based upon adverse rulings at one or more of the many levels of review that are typical in tenure determination, even if the candidate was ultimately successful. Three cases in which university professors claimed violations of due pro- cess were decided in line with important, generally accepted and established principles. In Gray v. Board of Regents of the University System of Georgia,3 7 Professor Gray, a former assistant professor at the North Georgia College and State University, claimed a due process violation in connection with her denial of tenure. She was hired to teach in 1985 under a one-year employ- ment contract, which was renewed each year through the 1991-92 academic year.38 After completing her seventh year of teaching, she was given a leave of absence during 1992-93 to attend graduate courses, with the university paying half her salary and giving her tuition assistance.39 Professor Gray first applied for tenure during the 1989-90 academic year, but withdrew her application after a colleague advised her to seek an ad- vanced degree.4\u00b0 After returning to teaching in 1993-94 from her leave of absence, she again applied for tenure. She was employed again under a one- year contract for 1993-94, pending the tenure committee's decision. 41 She received a favorable recommendation for tenure by her department, but was not supported by the Institutional Promotion and Tenure Committee, and in May, 1994, was given a terminal one-year contract. The university marked it as a \"final contract,\" and she signed it along with a letter reserving the right to challenge the tenure denial.42 The Eleventh Circuit upheld the trial court's grant of summary judgment. The court, with a dissent, held that her mere presence beyond the normal seven-year probationary period did not entitle her to tenure, and that her one-year contracts were probationary so that due process did not attach.43 She argued that the express language in her individual employment contract and the conduct of the university gave her the legitimate impression that she had achieved de facto tenure. The court looked not only to the individual 35. See id. 36. See id. at 546. 37. 150 F.3d 1347 (11th Cir. 1999). 38. See id. at 1347. 39. See id. at 1348. 40. See id. 41. See id. 42. See id. 43. See id. at 1352. 2000] 346 language of her contract, but also to general university policies which the court found to require an affirmative decision through the tenure review pro- cess for an award of tenure. 44 This decision affirms the distinction between renewable, probationary con- tracts (to which due process does not attach upon a non-renewal decision) and the contract of tenure, which grants a property interest in continued em- ployment such that due process does attach. This distinction was first reached in the seminal cases of Board of Regents v. Roth45 and Perry v. Sindermann,46 and has been followed countless times thereafter. However, the fact that plaintiffs are still litigating the question in 1999 underscores the importance for colleges and universities to carefully craft individual employ- ment contracts, as well as general university policies, to consistently disclaim any possibility of \"de facto\" tenure by clearly setting forth that tenure can only be achieved by an affirmative act of the governing board. The second due process case again illustrates the importance of this same principle. In Corsby v. Muse,47 the plaintiff alleged that the university de- prived her of tenure in violation of due process rights, and in retaliation for exercise of First Amendment rights, through a \u00a7 1983 action. Plaintiff was first hired in 1976, and worked as an adjunct instructor and laboratory super- visor.48 The university faculty handbook divided faculty into two categories - tenure track and non-tenure track - but the university did not initially clas- sify the plaintiff's position. She was informed, however, that her employment was \"continuing\" rather than probationary.49 On January 22, 1993, the plain- tiff was officially notified that she was classified as faculty, non-tenure track, and continuing. 50 In a subsequent faculty meeting, the plaintiff expressed opinions that were contrary to opinions held by the acting Department Head. She claimed that as a result, certain privileges she previously held were taken away, including no longer being allowed to vote in hiring decisions, teach graduate-level classes, or evaluate lab teachers. Because of this erosion of privileges, in April of 1995 she requested that she be awarded tenure on the premise that university tenure policy allows for tenure after seven years of full time academic employment. The Provost's Office rejected the request, but offered to extend to her all due process rights afforded a tenured member in the case of dismissal, contingent upon her acceptance of a reclassification as a non-academic manager. When the plaintiff rejected this counter-offer, 44. See id. 45. 408 U.S. 564 (1972) (non-renewal of a term, tenure track, probationary contract does not give rise to a property interest in continued employment; due process does not attach unless non-renewal is accompanied by a charge of dishonesty, immorality, or other circumstances putting a person's good reputation, honor, or integrity at stake so that the person is \"stigmatized\" and a liberty interest is implicated). 46. 408 U.S. 593 (1972) (professor should be permitted to show that while no explicit tenure system existed at his institution, a \"de facto\" tenure system existed such that due process should attach). 47. No. 98-5-401-E, 1999 U.S. Dist 290 (M.D. Ala. Jan. 14, 1999). 48. See id. at *5. 49. See id. at *6. 50. See id. [Vol. 27, No. 2 the Provost changed her job title to \"General Biology Lab Supervisor\" and classified her as non-tenure track faculty. The court held that the plaintiff's due process claim was procedurally barred by the statute of limitations because she filed the claim more than two years after the Provost's office denied her tenure.5 1 The court went on, none- theless, to consider the merits of her due process claim, finding that the faculty handbook provisions relied upon by the plaintiff in support of her de facto tenure claim of acquisition of tenure through service were not control- ling.52 The court reasoned that she was not entitled to such tenure because she failed to establish any period in which her employment was probationary, a necessary requirement to attain tenure status.53 This was a logical but very narrow holding on the point of the plaintiff's allegation of deprivation of ten- ure without due process. Since she was a \"continuing\" employee, had the university terminated her non-tenure track employment (which it did not do here), she could have argued, with equal logic, that the continuing nature of the appointment gives rise to a property right in continued employment such that due process would attach. The third due process case is Boateng v. Inter American University.54 The plaintiff, who was from Ghana, asserted that his tenure denial should be overturned because of alleged violations of due process, equal protection, and age discrimination, among other theories.55 The plaintiff further alleged that the ad hoc tenure committee deprived him of due process and equal protection.56 The court, again consistent with established law, held that since Inter American University is a private institution, there is no \"state action\" sufficient to implicate Fourteenth Amendment due process or equal protec- tion rights. The court noted only two exceptions to the general rule that only state actors are liable for violating Fourteenth Amendment rights: (1) when the private action is vested with a public function; or (2) where the govern- ment is sufficiently involved with the private actor's acts.57 The court found neither exception to be applicable to Inter American University. The case illustrates and confirms the general principle that private universities are not bound by constitutional due process, and that they are only bound to whatever process they choose to include as a matter of institutional policy in their established procedures. In Miller v. Bunce,58 Dr. Todd Miller, a professor at the University of Texas Medical Branch brought a \u00a7 1983 lawsuit against a fellow faculty mem- ber, claiming that his application for tenure was, among other theories, hin- 51. See id. at *15-16. 52. See id. at *17-18. 53. See id. at *17-20. 54. 190 F.R.D. 29 (D.P.R. 1999). 55. See id. at 31. 56. See id. 57. See id. at 33. 58. 60 F. Supp. 2d 620 (S.D. Tex. 1999). 20001 348 dered by violation of the First, Fourth, and Fourteenth Amendments, and anti-retaliation provisions in the False Claims Act.59 Dr. Miller claimed that his colleagues remarked he was litigious, and dis- paraged his teaching evaluations, his leadership skills, and professional abili- ties (among a litany of fifty alleged \"petty\" acts). He further alleged that while he was applying for tenure, the tenure committee changed its process in a way designed to hinder his application. 6\u00b0 The court granted summary judgment on the basis that there was no offi- cial state action which deprived Dr. Miller of a life, liberty, or property inter- est.61 He was not demoted, and his claim that his chances of tenure were decreased did not give rise to a property interest. His other claims were dis- missed essentially because he showed only actions by his colleagues, rather than any adverse employment action or retaliation taken by the university as employer Several interesting cases involving sexual harassment issues at colleges and universities were decided in 1999. In Simonson v. Iowa State University,62 the interesting question before the court focused on whether a tenured professor could demand an evidentiary hearing before being placed on administrative leave pending the findings of an investigation of sexual harassment complaints against the professor. On February 10, 1997, the Dean of the College of Education at Iowa State University (ISU) learned that a student at filed a sexual harassment complaint against Professor Michael R. Simonson.63 Other faculty members confirmed that serious sexual harassment allegations were raised against Si- monson, but that certain students were unwilling to come forward for fear of retaliation. 64 The Affirmative Action Director recommended that the plaintiff be placed on administrative leave with pay. The Dean agreed and informed Simonson in writing on February 13 that he would be placed on paid administrative leave.65 Simonson sought to appeal the decision to be placed on paid administra- tive leave, but his appeal was denied.66 Simonson filed an action claiming that deprived him of property and liberty interests under the Due Pro- cess Clause of the United States and Iowa Constitutions.67 The district court agreed and the case was remanded to with instructions that Simonson be afforded a full evidentiary hearing which would include notice of the allega- tions, the right to hear and cross-examine complaining witnesses, and the 59. See id. at 620. 60. See id. at 622. 61. See id. at 623-24. 62. 603 N.W.2d 557 (Iowa 1999). 63. See id. at 558. 64. See id. at 559. 65. See id. 66. See id. at 560. 67. See id. [Vol. 27, No. 2 right for Simonson to present evidence on his own behalf appealed the district court's decision that Simonson was entitled to a hearing prior to being placed on paid administrative leave.68 The district court's decision was reversed. The court of appeals found that ISU's decision to place Simonson on paid administrative leave pending the investigation of the sexual harassment complaint did not deprive him of a property right. The administrative leave was paid and thus Simonson was not deprived of any economic benefits. 69 ISU's personnel policies and rules re- garding suspension of employees did not give Simonson a protected property interest that entitled him to a hearing prior to being placed on paid adminis- trative leave. Hence, Simonson was not deprived of a protected property interest in the form of an economic benefit or otherwise. 70 The district court also erroneously concluded that the stigma Simonson allegedly suffered as a result of being placed on administrative leave was seri- ous enough to implicate his liberty interests. 71 An employee's liberty interest is deprived by publicly damaging the employee's reputation so severely that employment opportunities are impaired.72 The court held that the \"requisite stigma will be found when an employer has accused an employee of dishon- esty, immorality, criminality, racism and the like.\"'73 The court found that Simonson's liberty interest was not damaged because there was no public disclosure of the events surrounding the sexual harassment investigation.74 Thus, the court affirmed the action of ISU. The dispute in Holm v. Ithaca College75 involved the termination of a cello teacher at Ithaca College. In 1978, the plaintiff Einar Holm was reprimanded for alleged inappropriate conduct towards students that focused on sexual harassment and offensive commentary, and questions about students' per- sonal lives.76 An investigation was conducted and college administrators con- cluded that Holm had created an intimidating environment for students. The plaintiff was then instructed to take remedial action and to discontinue any further sexually explicit remarks.77 Thereafter, the plaintiff's performance was monitored and evaluated by the Dean of the School of Music. The col- lege's Provost reviewed this information and recommended that Holm be discharged. 78 Holm sued the college for breach of contract. The trial court granted sum- mary judgment for the college.79 The plaintiff then appealed the decision on 68. See id. 69. See id. at 563. 70. See id. 71. See id. at 564. 72. See id. 73. Id. 74. See id. at 565. 75. 682 N.Y.S.2d 295 (N.Y. App. Div. 1998). 76. See id. at 296. 77. See id. 78. See id. 79. See id. 2000] 350 the ground that the college did not follow the procedures outlined in the Faculty Handbook by failing to send him a warning letter and failing to allow him to appeal the warning.80 The lower court decision was affirmed because even after being instructed to take remedial action, Holm continued to make sexually harassing comments to students that resulted in several complaints.81 The formal complaints lodged against plaintiff contained detailed accounts of sexually oriented statements made by plaintiff toward female students which caused them to be embarrassed, humiliated and intimidated: Among the numerous suggestive comments attributed to plaintiff were statements wherein he told a female student that she \"needed to learn how to make love to her cello\", asked another female student \"have you ever made love back to back,\" and instructed her to \"play this pas- sage like a negligee\", commenting, \"You should wear one some day. The material is so soft and allows you to see the sensual beauty underneath. '82 Odom v. St. Louis Community College83 considered the question of the extent to which sexual harassment of a supervisor by a subordinate can give the supervisor an actionable claim of sexual harassment. The plaintiff worked for the college first as a shipping clerk and later as a campus police officer.84 He claimed that another police officer, a female, orally harassed him, and accompanied such harassment with explicit physical acts. He testi- fied that he orally reported all these incidents, but never filed a written re- port or complaint until over six months after the incidents had ceased. 85 The Director of Human Resources issued a report in response to the plaintiff's written complaints and a subsequent complaint the alleged har- asser filed against the plaintiff. The report concluded that although the fe- male officer may have violated the sexual harassment policy, the plaintiff's behavior towards her may have been retaliatory. It recommended that the new police chief review the sexual harassment policy with the employees, and no formal disciplinary action be taken.86 The plaintiff filed suit claiming vio- lation of Title and the state civil rights act, including an allegation that the college unlawfully retaliated against him for his complaints by refusing him an interview for the position of police chief, and demoting him.87 The court granted summary judgment for the college on the Title and state civil rights act claims, but denied it with regard to the state law retalia- tion claim. 88 The court relied heavily on the proposition that it is difficult for a supervisor to show that a subordinate employee created an environment so 80. See id. 81. See id. 82. Id. at 296-97. 83. 36 F. Supp. 2d 897 (E.D. Mo. 1999). 84. See id. at 900. 85. See id. at 901. 86. See id. at 902. 87. See id. 88. See id. at 907-08. [Vol. 27, No. 2 hostile that it would have affected a term of the plaintiff's employment, par- ticularly because the actions of the female officer were not connected in such a way to constitute a pattern, and did not rise to the level of creating a hostile work environment for her supervisor.8 9 Stoll v. New York State College of Veterinary Medicine at Cornell Univer- sity90 dealt with an interpretation of the New York Freedom of Information statute. The petitioner, David Stoll, was the attorney for a Cornell professor disciplined for having sexually harassed several female students. The profes- sor had filed suit, alleging that Cornell did not adhere to procedures in its Campus Code when disciplining him.91 Stoll filed a motion under the Free- dom of Information statute, asking that Cornell be compelled to produce documentation of the student complaints brought under the Campus Code.92 The New York Supreme Court held that Cornell could omit identifying per- sonal information, but otherwise had to produce the documents; the univer- sity subsequently appealed. 93 The New York Court of Appeals held that the unique statutory nature of Cornell did not subject the records to disclosure. Cornell is a private univer- sity with four \"contractual colleges\" which provide higher education on be- half of the state pursuant to a contractual arrangement with the state.94 These four colleges are public in some respects, including State funding and review of the Board of Trustees under certain circumstances as de- fined by the enabling statute.95 When the legislature created the contractual colleges, however, it chose to vest the maintenance and discipline functions with the private arm of Cornell. For this reason, the Court of Appeal held, over a dissent based upon the state funding, that sexual harassment proceed- ings under the Campus Code were within the private arm of Cornell, and the state therefore could not compel disclosure under the Freedom of Informa- tion statute.96 Another dispute involving a faculty member, Mayeaux v. Siena Heights College,97 concerned charges of Title violation. In this case, Anne Mayeaux, an associate professor at Siena Heights College (Siena) sued her employer for wrongful discharge, retaliatory discharge, and quid pro quo sex- ual harassment in violation of Title of the Civil Rights Act of 1964 and the Michigan Elliott-Larsen Civil Rights Acts.98 The wrongful discharge claim was dismissed on a motion for summary judgment, but the remaining retaliation and sexual harassment claims proceeded to jury trial.99 89. See id. at 904. 90. 723 N.E.2d 65 (N.Y. 1999). 91. See id. at 66. 92. See id. 93. See id. at 67. 94. See id. 95. See id. 67-68. 96. See id. at 69. 97. No. 98-1197, 1999 U.S. App. Lexis 11844 (6th Cir. June 3, 1999). 98. See id. at *1. 99. See id. 2000] 352 Mayeaux was hired in the summer of 1991, and had received excellent employment evaluations until 1992 when she became involved in several dis- turbing events at Siena. These events involved disputes and arguments with her colleagues, and one even led to a request that Mayeaux be terminated. 1\u00b0\u00b0 In 1993, Mayeaux alleged that she became the subject of sexual harassment by the Chairman of the Siena Humanities Division, Seleem Pieradina.101 Mayeaux filed a faculty grievance alleging sexual harassment and retaliation. The grievance resulted in a finding by the college president that Pieradina had sexually harassed Mayeaux in August 1995.102 In March 1996, however, the Siena faculty assembly presented a unanimous resolution calling for Mayeaux's discharge. 10 3 Mayeaux claimed that she had a \"just cause\" employment relationship with Siena because of actual or constrictive promises by her employer. The court granted summary judgment because it concluded that Mayeaux's em- ployment was \"at will.\"'1 4 Mayeaux claimed that Siena's adoption of the American Association of University Professors (AAUP) standard for non- renewal supported her claim for a \"just cause\" employee.105 The court ob- served that the Siena faculty handbook was the document that governed this case. 1\u00b06 According to the handbook, the standard for non-renewal at Siena applied to tenured faculty members. Thus, Mayeaux could not rely on the handbook because she was not tenured. 107 The district court's decision granting summary judgment on Mayeaux's wrongful discharge claim was affirmed. 108 jury found for Siena on the remaining sexual harassment and retaliation claims, but Mayeaux sought a new trial on the retaliation claim. 1\u00b09 The mo- tion for a new trial was denied because the court found that even if Mayeaux could present a prima facie case of retaliation, Siena's decision to terminate the plaintiff was not pretextual: Mayeaux's own letters show her to be unaccommodating at least, and at times not fully civil. Colleagues testified that they were afraid of her, and the administration noted that she often appealed to outside forces and threatened litigation rather than discuss the matter with her col- leagues through institutional channels. 110 100. See id. 101. See id. at *2 102. See id. at *5 103. See id. at *6. 104. See id. at *9. 105. See id. at *3. 106. See id. 107. See id. at *10. 108. See id. at *15. 109. See id. at *13. 110. Id. at *14. [Vol. 27, No. 2 Hence, the court found that the jury's decision was reasonable and the motion for a new trial was properly denied Title of the Civil Rights Act of 1964112 prohibits discrimination by any employer that is based on race, color, religion, sex, or national origin claim for retaliatory discharge can also be sustained under Title where plaintiffs can prove the following at trial: (1) that they engaged in protected activity; (2) that they were constructively discharged subsequent to or con- temporaneously with such activity; and (3) that a causal link existed between the protected activity and the discharge.113 In Gentner v. Cheyney University of Pennsylvania, two former Cheyney University of Pennsylvania (CU) professors, plaintiffs Fred Gentner and Robert Stevenson, filed a lawsuit claiming that they were wrongfully discharged in violation of Title VII. 14 Prior to this action, these plaintiffs had prevailed in a 42 U.S.C. \u00a7 1983 claim in 1996 when a jury found that the plaintiffs' complaints relative to certain hiring practices were a substantial factor for action taken against the plaintiffs for speaking out.115 In the 1996 case, the plaintiffs alleged dis- criminatory retaliation under Title and the court found that the plaintiffs were constructively discharged after exercising free speech in complaining about CU's hiring practices. However, the jury found that did not retali- ate against the plaintiffs for opposing CU's hiring practice.116 argued that the jury's finding that did not retaliate against the plaintiffs was in- consistent with the finding that a causal link existed between plaintiffs' con- duct and CU's adverse action.1 17 As a result filed a motion for judgment notwithstanding the verdict (JNOV), or, in the alternative, a new trial.\"\" The court granted the new trial as to plaintiffs' Title claim, but gave preclu- sive effect to plaintiffs' \u00a7 1983 verdict from the first trial showing that the plaintiffs' exercise of free speech opposing CU's hiring practices was a sub- stantial factor in retaliatory action taken by individual defendants against plaintiffs Fred Gentner and Robert Stevenson. 19 In the fall of 1991, Professor Gentner and Professor Stevenson served on a university search committee that was charged with hiring three new profes- sors in the Department of Allied Health and Science. Dr. Eugene Jones was the department chair, and Dr. Chang also served as a search committee member, among others. 20 The retaliatory conduct alleged in this case began 111. See id. 112. 42 U.S.C. \u00a7 2000e (1994). 113. Gentner v. Cheyney Univ. of Penn., No. 94-7443, 1999 U.S. Dist 15905, *26 (E.D. Penn. Oct. 14, 1999). 114. See id. at *2. 115. See id. at *5. 116. See id. at *6. 117. See id. 118. See id. 119. See id. at *17. 120. See id. at *15. 20001 354 after the plaintiffs made a complaint with the affirmative action officer because of a decision by the search committee to replace a white male appli- cant with an Asian female applicant. In response to these complaints, the affirmative action officer recommended that the search be aborted.121 Once the search was aborted, the plaintiffs alleged that they began to ex- perience adverse treatment from certain students and faculty at CU. Dr. Gentner was charged with racist remarks, his teaching schedule was changed by Dr. Jones as to interfere with off-campus research projects, and he was required to list all experiments that were done in his courses. Also, Dr. Gentner was charged with sexual harassment and sexual assault by Dr. Chang.' 22 This allegation was later found to be unsubstantiated. Likewise, Dr. Stevenson was required to list all experiments, and Dr. Jones demanded that Dr. Stevenson change a student's grade.123 The demand for a list of experiments had never been made before, and the other requests were unu- sual to say the least.1 24 Furthermore a student charged the plaintiffs with ethnic and racial intimidation, academic incompetence, extreme psychologi- cal intimidation, abuse of academic freedom, and poor teaching performance. 25 In the spring of 1992, the Department of Allied Health and Science insti- tuted a second search to hire new faculty members, resulting in the selection of Mark Lafferty, a white male, as a candidate. 26 Dr. Jones and Dr. Chang responded that the search process was manipulated and that no minority was going to be hired. 127 later investigated the matter and although no wrongdoing was found, the second search was aborted as well.'2 8 As a conse- quence, the Department of Allied Health and Science was in need of faculty members, and Dr. Jones recommended the hiring of an African-American male over the objection of the entire department except for Dr. Chang.129 Complaints about the department's hiring practices were brought to the at- tention of the Vice President of Academic Affairs, Dr. Albert Hoffman. At an October 1, 1992, department meeting where the Plaintiffs attempted to speak about their concerns, Dr. Hoffman explained the allegations facing the Plaintiffs, and ordered a performance evaluation. On December 3, 1992, Hoffman took action to terminate the Plaintiffs. 30 In a retaliatory discharge case a plaintiff need only show that, at the time one raises opposition, that he or she reasonably believe that the challenged 121. See id. at *17. 122. See id. at *20. 123. See id. at *19. 124. See id. 125. See id. at *21. It is interesting to note that the student that made these comments, Mr. Jerome Dowell, testified in his deposition that documents that supported his allega- tions were given to him by the President of the Biology Club. Dr. Jones served as advisor to the Biology Club. See id. 126. See id. at *19. 127. See id. at *20. 128. See id. 129. See id. at *22. 130. See id. at *28. [Vol. 27, No. 2 employment practice was unlawful. 131 The court found that the Plaintiffs en- gaged in a protected activity for purposes of Title by expressing their opposition to the hiring practices. 132 The second element necessary to make out a retaliation claim can be es- tablished where working conditions are so intolerable that a reasonable em- ployee would be forced to resign.133 In this case, the court resolved that the conditions were so intolerable that they had no option but to resign. Also argued that even if the activities of Dr. Jones and Dr. Chang were unlaw- ful, no vicarious liability could extend to because neither Dr. Jones nor Dr. Chang were supervisors. The court concluded that Dr. Jones' conduct could result in liability to CU. \"[T]his court properly instructed the jury that Dr. Jones' influence over Gentner's work schedule could be considered a fac- tor in determining whether Dr. Jones was a supervisor for purposes of bind- ing Cheyney under Title respondeat superior liability.\"' 34 As for the final element, the court's findings are clear: In the case at hand, there is no question that Plaintiffs provided enough evidence of retaliatory animus on the part of Drs. Jones and Chang for the jury to reasonably infer that Gentner and Stevenson were being discriminated against because they objected to the manner in which the faulty searches were being conducted. Indeed, the record.., is replete with examples of tangible, adverse employment actions that a reasona- ble jury could interpret as taken against Plaintiffs in retaliation for their speaking out against Cheyney's hiring practices.135 Therefore, in light of readjustments for damages to reflect a $200,000 stat- utory cap on compensatory damages, Dr. Gentner was awarded $995,466.00, and Dr. Steveson was awarded $772,784.00 in damages. 136 In Meachum v. Temple University of the Commonwealth System of Higher Education,137 the plaintiff, an African-American hired by Temple University (TU) as an associate university counsel, was able to make out a prima facie case of employment discrimination under Title hired Daniel R. Meachum in 1989 as in-house counsel with primary responsibility for litiga- tion, but terminated Meachum in 1995.138 Meachum was informed that he was terminated as part of a university-wide reduction in force. 139 The court noted, in viewing the facts in a light most favorable to Meachum, that the university terminated Meachum while retaining other university counsel, in- 131. See id. at *29. 132. See id. at *34. 133. See id. at *38. 134. Id. at *57. Furthermore, there is a sufficient basis to conclude that several high level administrators had constructive knowledge that the Plaintiffs were subjected to a hostile work environment. See id. at *59. 135. Id. at *73. 136. See id. at *97. 137. 42 F. Supp. 2d 533 (E.D. Pa. 1999). 138. See id. at 535. 139. See id. 2000] 356 cluding four non-African-American university staff counsel with less senior- ity than Meachum. Meachum alleged employment discrimination under both Title and 42 U.S.C. \u00a7 1981. To establish a prima facie case involving a reduction in force, the plaintiff must show that (1) she belonged to a protected class; (2) she was qualified for the position from which she was terminated; (3) she was termi- nated; and (4) persons outside of the protected class were retained.14\u00b0 How- ever argued that this case should be governed by different prima facie test requirements that apply when an employee is fired and then replaced by another employee.141 claimed that because the plaintiff's duties were outsourced to a contractor with employees of the same race, a reduction-in- force prima facie case standard was inappropriate. 142 The court disagreed for the following reason: It is not wholly implausible to posit a scenario in which an employer discharges an employee for reasons in which race plays a part, and transfers duties previously assumed by that employee to an indepen- dent contractor of the same race who is external to the work place.1 43 Therefore, the plaintiff was able to make out the prima facie case. He was a qualified member of a protected class who was terminated while other per- sons outside the protected class were retained. Once the prima facie case is made, the burden shifts to the defendant em- ployer to articulate a non-discriminatory reason for the adverse employment action.144 The reasons cited by for Meachum's discharge were: (1) deteri- orating job performance; and (2) cost-efficiency. 45 These reasons were re- futed as pretextual because Meachum had consistently received merit pay increases and no poor performance evaluations during his tenure at TU.' 46 Also could not offer any evidence that costs would be saved by eliminat- ing Meachum's position.147 Therefore, the defendant's motion as to the Title claim was denied.' a The court found, however, that was entitled to summary judgment as to the \u00a7 1981 claim because Meachum could not show that had a racially discriminatory layoff policy.' 49 The university subsequently moved for reconsideration on the Title claim based upon more complete evidence. The university was able to show a basic cost study surveying the legal community regarding the cost efficiency 140. See id. See also In Re Carnegie Ctr. Assoc., 129 F.3d 290, 294-95 (3d Cir. 1997). 141. See Meachum, 42 F. Supp. 2d at 536. 142. See id. 143. See id. at 536-37. 144. See Texas Dep't. of Community Affairs v. Burdine, 450 US. 248, 253 (1981). 145. See Meachum v. Temple Univ. of Comm. Sys. of Higher Educ., 42 F. Supp. 2d 533, 538 (E.D. Pa. 1999). 146. See id. 147. See id. at 539. 148. See id. 149. See id. at 541. [Vol. 27, No. 2 of outsourcing the work in question.-1 0 In light of this new evidence, the court granted the university's motion and closed the case.151 In Pemrick v. Stracher,152 the plaintiff, Suzanne Marie Pemrick, Ph.D. met Alfred Stracher, Ph.D., Chair of the Department of Biochemistry at the State University of New York at Downstate Medical Center (SUNY-DMC) in 1972.153 In 1978, Pemrick interviewed for a position at SUNY-DMC, but was not hired because of a hiring freeze at SUNY. According to Pemrick, Stracher promised that she would be hired for a tenure track position at as soon as the hiring freeze was lifted.154 In the meantime, Stracher encouraged Pemrick to submit a grant application to the National Institute of Health (NIH) and the National Science Foundation (NSF). In February 1978, Pemrick was awarded an grant, which served for eight years as one of the largest grants at SUNY-DMC.1 55 Shortly thereafter, Pemrick was hired as a Temporary Assistant Professor in the Biochemistry Department.15 6 During her tenure at SUNY-DMC, Pemrick also served as a consultant. Pemrick applied for several tenure-track positions in the Depart- ment of Biochemistry, but was not hired.1 57 Following her initial application for tenure-track positions at SUNY, the plaintiff alleged that she became the subject of numerous discriminatory and harassing actions by other faculty members. 158 Pemrick took her complaints to the Affirmative Action Officer, but was told that she had not experienced sex discrimina- tion.159 In 1985, 1986, and 1987, the plaintiff wrote letters to adminis- trative officials, wherein she alleged sex discrimination.1 60 The President appointed an ad hoc committee to investigate Pemrick's allega- tions. In 1987 the ad hoc committee resolved, however, that Pemrick was not subjected to sex discrimination.'61 Pemrick remained at until 1990 when she left after being terminated. 162 On July 30, 1990, Pemrick filed a lawsuit against SUNY-DMC, Alfred Stracher, and others at for violation of Title and the Age Discrim- ination Employment Act (ADEA).163 Specifically, Pemrick claimed that she was not treated the same as similarly situated employees. The defendants disagreed and sought summary judgment. 164 150. See Meachum v. Temple Univ. of Comm. Sys. of Higher Educ., 56 F. Supp 2d 557, 559 (E.D. Pa. 1999). 151. See id. 152. 67 F. Supp. 2d 149 (E.D. N.Y. 1999). 153. See id. at 151. 154. See id. at 152. 155. See id. 156. See id. 157. See id. at 152-60. 158. See id. at 153. 159. See id. at 154. 160. See id. at 156. 161. See id. 162. See id. at 160. 163. See id. 164. See id. at 161. 2000] 358 Among the arguments raised by the defendants in support of their motion for summary judgment was SUNY-DMC's assertion that Pemrick was not employed by SUNY-DMC. 165 Employment relationships are defined by re- ceiving direct or indirect economic compensation for work. Though Pemrick was paid by research grants, she may have been an employee of within the meaning of Title if a trial court finds that the pay was indi- rectly from SUNY-DMC. Thus, the summary judgment motion could not be granted because there is a significant question as to whether Pemrick was a employee.166 Furthermore, the court held that the defendant's motion for summary judgment was inappropriate because Pemrick established a prima facie case of sex discrimination. 167 To establish a prima facie sex discrimination case, Pemrick had to establish that: (1) she belongs to a protected class; (2) she applied for a position; (3) she was qualified for the position for which she applied; and (4) despite her qualifications, the position was given to a mem- ber of an unprotected class under circumstances that gave rise to an inference of discrimination. 168 claimed that Pemrick was not qualified for a position in the Department of Biochemistry and, therefore, could not make out the prima facie case. The court held that there was evidence in the re- cord that could lead a jury to believe that Pemrick was qualified for each position she applied for in the Biochemistry Department.169 Thus, a genuine issue of material fact precluded summary judgment. As for the claim, summary judgment was proper because there was insufficient evidence to show that plaintiff was subjected to age discrimination.170 An African-American doctor, Dr. Jeffery Carter, who was part of a gen- eral surgical residency program at Saint Louis University (SLU) Medical School claimed that he was unlawfully discriminated against because of his race in Carter v. St. Louis University.'7' The surgical residence program lasts five years and residents rotate through different departments, while being supervised and evaluated by medical school faculty and hospital physi- cians. 172 Residents are expected to maintain satisfactory clinical perform- ance, and score at or above the twenty-fifth percentile on standardized in- service examinations administered by the American Board of Surgery exams). 173 During Dr. Carter's first year and second year in the residency program he received mixed clinical evaluations. In his first year, the plaintiff's test score was only in the ninth percentile, but rose to the twenty-ninth per- 165. See id. 166. See id. at 163. 167. See id. at 167. 168. See id. 169. See id. at 166. 170. See id. at 169. 171. 167 F.3d 398 (8th Cir. 1999). 172. See id. at 399. 173. See id. at 399. [Vol. 27, No. 2 centile during his second year. 174 However, in January 1994, after his second year, Dr. Carter was placed on academic probation. 175 Also in January 1994, the plaintiff was observed in two operations with the director of the surgical residency program. Based on this review and other observations by faculty that criticized the plaintiffs understanding of surgical concepts, Dr. Carter was terminated from the program in March 1994.176 Dr. Carter filed a lawsuit under Title VII, 42 U.S.C. \u00a7 1981, and state law, which alleged that violated his civil rights and terminated him on the basis of race. 177 The plaintiff's claims were dismissed, primarily because Dr. Carter could not prove that the non-discriminatory reason for his dismissal was pretextual. The burden-shifting analysis is the framework that must be applied to plaintiff's claim because it is based on circumstantial evidence. First, the plaintiff must demonstrate the prima facie case. If shown, the burden of pro- duction shifts to the employer to articulate a legitimate, non-discriminatory reason for the adverse employment action. 178 In this case identified Dr. Carter's poor performance as its legitimate, non-discriminatory reason for terminating him from the residency program. 179 Thereafter, the burden then shifts to the plaintiff to show that the proffered reason was a pretext for un- lawful discrimination. This is where plaintiff's claim collapsed. \"We hold that appellant failed to create a genuine issue of material fact as to whether defendants' proffered reasons for terminating him from the surgical resi- dency program were pretexts for racial discrimination.' 180 Thus, the court found that Dr. Carter was dismissed because of poor test scores and performance evaluations, not race. The lower court was affirmed. Sreeram v. Louisiana State University Medical Center-Shreveport'8' also in- volved the dismissal of a medical doctor from a surgical residency program. Suha Sreeram graduated from Emory University School of Medicine in 1989 and then enrolled in a surgical residency program at Louisiana State Univer- sity Medical Center-Shreveport (\"LSUMC-S\") in 1992.182 Not long after en- tering the program, the Residency Review Committee (\"Committee\") evaluated Dr. Sreeram and began to express concerns about her perform- ance. 183 In 1994, the Committee voted to expel Dr. Sreeram but the Commit- tee was overruled by the Chairman of the Department of Surgery. The Committee again recommended Dr. Sreeram's dismissal in 1995, however, and this time Dr. Sreeram was expelled.84 174. See id. 175. See id. at 400. 176. See id. 177. See id. 178. See id. at 401. 179. See id. at 400. 180. Id. 181. 188 F.3d 314 (5th Cir. 1999). 182. See id. at 316. 183. See id. at 317. 184. See id. 20001 360 Dr. Sreeram then filed a lawsuit that alleged, inter alia, discrimination on the basis of gender and national origin in violation of Title of the Civil Rights Act of 1964.185 The district court held that Dr. Sreeram's claim was without merit because she could not carry her evidentiary burden under Title VII. In order to make a prima facie case under Title a plaintiff must be able to establish that at all times that she was qualified for the position at issue. Dr. Sreeram failed to establish she was qualified as a surgical resident. \"Every doctor to evaluate Dr. Sreeram found that her performance as a sur- geon was insufficient to allow her to continue in the program. No evidence of bias was alleged regarding most of these doctors, leaving a chorus of nega- tive evaluations unrebutted by a single positive testimonial.' 1 8 6 Also, Dr. Sreeram argued that remarks made about her race and gender, and statistics showing a higher retention rate for white, male residents were evidence that the reasons for her expulsion were a pretext for discrimination. 8 7 Upon careful examination, the court held that any stray remark directed toward the plaintiff was insufficient discrimination evidence, and the statistical evidence was also unpersuasive because several women and a student of Indian origin ranked high among the students in the residency program.18 8 Hence, the dis- missal was affirmed In Nardi v. Stevens Institute of Technology,'189 Dr. Vittorio Nardi filed a law- suit against the Stevens Institute of Technology (\"Stevens\") for, inter alia, violation of the ADEA. Dr. Nardi worked at Stevens as a research professor in the Physics Department until 1995 when his employment ended after thirty years. 190 His primary work was in plasma research. In 1994, Dr. Nardi was notified that based upon recent strategic planning efforts at Stevens, he would be required to relocate his laboratory to accommodate other research facilities such as a laser optics laboratory.191 Dr. Nardi made several unsuc- cessful attempts to continue his affiliation with Stevens, however, and it soon became clear that Dr. Nardi's research program that was funded by govern- ment grants would no longer have a place at Stevens. Dr. Nardi requested that Stevens cooperate with his search for a successor institution and Stevens agreed.192 In addition, it is interesting to note that subsequent to Dr. Nardi's 185. See id. 186. Id. at 318. 187. See id. at 320. 188. See id. at 321. Based on the decision in Davis v Logic, Inc., 82 F.3d 651 (5th Cir. 1996) the stated stray remarks may be sufficient evidence of discrimination if the com- ments are (1) related to the protected class; (2) proximate in time to the terminations; (3) made by an individual with authority over the employment decision at issue; and (4) re- lated to the employment decision at issue. See Brown, 82 F.3d at 655. 189. 60 F. Supp. 2d 31 (E.D.N.Y. 1999). 190. See id. at 35. 191. See id. at 37-38. 192. See id. at 38. [Vol. 27, No. 2 departure, Stevens continued to operate a research laboratory that con- ducted studies related to Dr. Nardi's general research field. 19 3 Dr. Nardi's age discrimination claim was sufficient to survive a motion for summary judgment because the plaintiff could show that he was within the protected age group, that his job performance was satisfactory, and that he was discharged in a manner that raised an inference of discrimination. 194 Furthermore, there was sufficient evidence for the jury to conclude that Ste- vens replaced Dr. Nardi with two significantly younger professors. While neither one of these professors conducted research in the same specific areas as Dr. Nardi, both were employed in the Physics Department and conducted experimentation in the plasma physics field.' 95 Moreover, the court observed that even four and one-half years after the plaintiff was discharged to make room for the laser optics laboratory, funding for this new lab had not been obtained. 196 Thus, Stevens' motion for summary judgement as to the claim was denied Marks v. New York University97 considered the extent to which a university can revoke a previously tendered settlement offer. The plaintiff, Janet Marks, was employed at NYU's Stern School of Busi- ness from the fall of 1971 until December 1996.198 She served as an Associate Clinical Professor and briefly as an Associate Dean.199 When the deanship position was eliminated in September of 1996, the plaintiff was informed that she would remain on as a full-time faculty member.2\u00b0\u00b0 At that point, she requested a separation package. 20' In October 1996, the university offered the plaintiff severance pay and retirement benefits if the plaintiff would exe- cute a general release, including a release under the ADEA, and gave her twenty-one days (as provided for by the ADEA) to consider the agree- ment.202 In the same month, she sent a revised proposal, which provided, in part, that she would be allowed to work for the university in the future, that her benefits would be extended by three months, and she would be desig- nated as having elected early retirement as opposed to resigning.203 In July of 1996, the plaintiff had begun a job with the Fordham University Business School.2\u00b04 On October 28, upon hearing that Marks was employed at Fordham, the dean at informed Marks that he had revoked the set- 193. See id. 194. See id. at 49. 195. See id at 50. 196. See id. at 51. 197. 61 F. Supp. 2d 81 (S.D.N.Y. 1999). 198. See id. at 84. 199. See id. 200. See id. at 84-85. 201. See id. at 85. 202. See id. 203. See id. 204. See id. 20001 362 [Vol. 27, No. 2 tlement offer and requested that she report for duty at NYU.20 5 Instead, she then signed the October offer, which the Dean rejected. In December of 1996, she formally notified the Vice-Dean at that she was employed at Fordham.20 6 Pursuant to the faculty handbook, which allows a maxi- mum of one day per week for outside employment, she was terminated. She filed suit alleging age and sex discrimination, breach of contract, and unlaw- ful eviction from her university-owned housing.207 The court granted summary judgment on all counts. As to her claim that breached the offered separation agreement that she signed, the court found that she did not present compelling evidence proving the existence of such an agreement. The court rejected her claim that the twenty-one days gave her to respond created an \"option\" contract, and found that al- though had made the separation offer, it was appropriately revoked in a timely manner.20 The court rejected the employment discrimination claims primarily on the basis that properly found her to be in violation of the faculty handbook in view of her job with Fordham, and therefore she could not make out a prima facie case that she was satisfactorily performing her job at NYU. The handbook violation, not discrimination, was found to be the motivating factor in her termination.20 9 MISCONDucr In University of Wyoming v. Gressley,210 the plaintiff, Gene Gressley, was dismissed from his position as professor and Assistant to the President for the American Heritage Center at the University of Wyoming (UW) for in- subordination. Gressley began his tenure at in 1956, and he served as a member of the faculty and in numerous administrative capacities. 211 In 1991, Gressley had a disagreement with the President regarding his job description and responsibilities, which resulted in two letters that instructed the plaintiff to no longer communicate with donors or patrons in the solicita- tion or acquisitions of funds for the American Heritage Center.212 Shortly thereafter, based on the belief that Gressley disobeyed this instruction, the President recommended Gressley's dismissal as a tenured professor of the university. Pursuant to administrative procedures, Gressley was discharged for insubordination to the President. 213 Gressley appealed the administrative de- cision and filed a civil action in federal district court on the grounds of breach of contract, 42 U.S.C. \u00a7 1983 for violation of due process, and for violation of the First Amendment to the United States Constitution. The federal district 205. See id. at 86. 206. See id. 207. See id. 208. See id. at 89-90. 209. See id. 99. 210. 978 P.2d 1146 (Wyo. 1999). 211. See id. at 1149. 212. See id. 213. See id. at 1151 court held that was immune from suit via the Eleventh Amendment to the Constitution of the United States, and dismissed the matter with prejudice.214 The plaintiff then filed an action in state court, but these claims were dismissed based on the preclusive effect of the federal court decision. The state court found that the issues the plaintiff raised were identical to those dismissed by the federal court. Gressley also argued that the federal court lacked jurisdiction over some of his claims; the state court, however, did not find in his favor.215 Gressley, therefore, was properly terminated pursuant to the adminis- trative procedures and barred from challenging the termination in state court because the issue was previously resolved in federal court. In Brogan v. LaSalle University,216 the court endorsed the actions of the university in the context of a plaintiff who responded to charges of discrimi- nation by engaging in a series of \"counter-thrusts\" tantamount to insubordi- nation. The plaintiff eventually was removed from his position as chair of the political science department amidst allegations that he discriminated against a fellow department member. 217 When the plaintiff informed the faculty member that the department voted not to recommend her for tenure, she wrote a letter to the Provost alleging bias in the department.218 This letter triggered an investigation into the plaintiff's treatment of her.219 Instead of cooperating with this investigation, the plaintiff requested docu- ments and expressed statements of concern that the university was not fol- lowing its own procedures. 220 He went on to request that the tenure process regarding the faculty member who had complained of bias be reopened, that the investigation against him be stopped, that the administration not disclose that there were ever any discrimination claims against him, and that he be sent copies of all documents regarding the claims.221 Throughout, the plain- tiff fixed his position that he would not respond to the discrimination allega- tions through any process other than the tenure and promotion or grievance process. In the course of an exchange of several letters, the Provost insisted that the plaintiff would have to cooperate and respond, and eventually the Provost threatened the plaintiff with insubordination charges, advised him of prejudice forming against him because of the delays, and again demanded timely cooperation. The Plaintiff invited the to oversee the process, and even after an representative attended the meeting, the plaintiff once more refused to respond to the discrimination allegations and reiterated his objections to the process the university was following. 222 214. See id at 1152. 215. See id. at 1155. 216. 70 F. Supp. 2d 556 (E.D. Pa. 1999), affd 229 F.3d 1337 (3d Cir. 2000). 217. See id. at 558. 218. See id. 219. See id. 220. See id. at 559. 221. See id. at 560. 222. See id. at 561. 2000] 364 This series of encounters culminated in the Provost informing the plaintiff that the fellow faculty member was granted tenure, and that the plaintiff's failure to respond to the discrimination allegations was an admission of im- propriety. The Provost further warned him not to continue his pattern of conduct in the future, warned him to keep the matter confidential or face discipline, and terminated him from his position as chair.223 Plaintiff re- sponded in writing asserting that the Provost did not have the power to re- move him from the chair position, that he had been improperly \"convicted\" of sex discrimination without evidence, and that the university had not pro- vided him with a reasonable forum to respond to the charges. 224 Plaintiff filed suit under 42 U.S.C. \u00a7 1983, Title VII, and state law, includ- ing claims of sex discrimination, civil rights violations, defamation, negligent and intentional infliction of emotional distress, breach of contract, and inter- ference with contract. The court dismissed all of the plaintiff's claims. The court noted that the university had found that a female tenure candidate was treated differently from the males in the department, a finding independent of the plaintiff's gender. The court held that the record showed no motiva- tion based upon the plaintiff's male sex. The court stated: The record here at most supports an inference that LaSalle has done no more than what Congress itself did in 1964 when it recognized the... reality that women were not equal participants as men in the American workplace. 225 This decision should be of some comfort to academic administrators faced with the difficult, but unfortunately recurring, circumstance of the accused who takes the \"offensive\" in lieu of making appropriate responses to charges of discrimination discrimination claim in the context of an employer reorganization was the subject of Knight v. Georgetown University.226 The plaintiff had been em- ployed as a nurse at Georgetown University hospital from 1965-1994 when she was informed that the blood collection unit in which she was the nursing supervisor was being eliminated. 227 She had been previously told that after the reorganization was complete, the hospital would still provide her with a supervisory job.228 Subsequently, she was advised that she would be laid off after the reorganization, and was offered the possibility of non-supervisory nursing positions.229 She did not apply for any non-supervisory position be- cause she relied upon the hospital's prior promise of a supervisory position, 223. See id. at 562. 224. See id. 225. Id. at 565-66. 226. 725 A.2d 472 (D.C. App. 1999). 227. See id. at 475. 228. See id. at 476. 229. See id. [Vol. 27, No. 2 and she believed that the non-supervisory positions were not commensurate with her salary and experience.230 Plaintiff filed a complaint claiming race discrimination and promissory es- toppel. The university defended the claim on the basis that the Red Cross would provide more efficient blood collection services, and that the univer- sity hospital's blood collection unit was operating at a monetary loss. 231 The university also pointed out that the plaintiff did not reapply for any of the positions that the university had offered to her.232 The trial court entered a judgment in favor of the university on the race discrimination claim, but awarded the plaintiff $90,000 on her promissory estoppel count.233 The District of Columbia Court of Appeals affirmed the trial court judg- ment, ruling on various evidentiary questions and a costs issue.234 The case is an instructive reminder of the importance, in the context of an employer re- organization, to consider possible discrimination claims as one element of any reorganization plan, and to consider disclaiming in writing the authority of any supervisor associated with the reorganization to make oral promises regarding the reorganization. 235 230. See id. 231. See id. 477. 232. See id. 233. See id. 234. See id. at 477-87. 235. For detailed practical advice regarding the numerous legal considerations in plan- ning a college and university reduction in force, see CLOSUREs (Na- tional Association of College and University Attorneys, Corinne Houpt ed., 1991); and Thomas Hustoles, Practical Considerations for Effecting Legally Defensible Reductions in Force (paper presented at multiple National Association of College and University Attor- neys (NACUA) conferences and on file with the national office). 20001 366 [Vol. 27, No. 2"} |
7,864 | Dennis R. Dean | University of Wisconsin – Parkside | [] | {} |
7,932 | Michael Simons | Yale University | [
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] | {"7932_102.pdf": "From Casetext: Smarter Legal Research Simons v. Yale Univ Sep 30, 2020 No. 3:19-cv-1547 (VAB) (D. Conn. Sep. 30, 2020) Copy Citation Download Check Treatment Meet CoCounsel, pioneering that\u2019s secure, reliable, and trained for the law. Try CoCounsel free No. 3:19-cv-1547 (VAB) 09-30-2020 SIMONS, Plaintiff, v PERSONS, Defendants Sign In Search all cases and statutes... Opinion Case details 2/21/25, 7:00 Simons v. Yale Univ., No. 3:19-cv-1547 (VAB) | Casetext Search + Citator 1/24 Michael Simons (\"Plaintiff\") sued Yale University (\"Yale\"), Peter Salovey, and Robert Alpern, M.D., (collectively, \"Defendants\" or \"named defendants\") for breach of contract, breach of the implied warranty of fair dealing, wrongful discharge, negligent infliction of emotional distress, and discrimination on the basis of gender under Title of the Civil Rights Act of 1964, 42 U.S.C. \u00a7 2000e-2(a) (\"Title VII\"), and Title of the Education Amendments of 1972, 20 U.S.C. \u00a7\u00a7 1681-88 (\"Title IX\"). Mr. Simons also has sued unknown persons for breach of privacy. Defendants filed a motion to dismiss, a motion for a more definite statement, and a motion to strike. For the reasons stated below, Defendants' motion to dismiss is in part and in part, and the motion for a more definite statement, and the motion to strike, are DENIED. The Court also dismisses Dr. Simons's wrongful discharge and negligent infliction of emotional distress claims at this time, and will address the remaining claims at a later stage of this case. *2 2 A. Factual Allegations In 2008, Dr. Michael Simons began working at Yale University as a tenured professor. Complaint (\"Compl.\") \u00b6 8 No. 1 (Oct. 1, 2019). In addition to becoming a professor, Dr. Simons alleges that he served as Chief of Cardiology at the Yale School of Medicine, and Chief of Cardiovascular Medicine at Yale-New Haven Hospital. Id. He also alleges that Yale also offered him an endowed chair, the Robert W. Berliner Professorship of Medicine, named for the former Dean of the Yale School of Medicine. Id. Dr. Simons alleges that he relinquished an endowed professorship at Dartmouth College, based on the offer of the Berliner Professorship. Id. In 2009, Dr. Simons alleges, Yale University also appointed Dr. Simons to the position of Director of the Yale Cardiovascular Research Center. Id. \u00b6 10. 2/21/25, 7:00 Simons v. Yale Univ., No. 3:19-cv-1547 (VAB) | Casetext Search + Citator 2/24 Dr. Simons alleges that in April 2011, Yale received a letter from the Office of Civil Rights of the federal Department of Education (\"DOE\") advising it to take immediate action to address sexual harassment or risk the loss of federal funding under Title IX. Id. \u00b6 12. Following the letter, the allegedly began a series of highly publicized investigations of colleges and universities to evaluate whether the institutions were taking a sufficiently strong stance against sexual harassment claims. Id. \u00b613. In late 2010 and early 2011, Dr. Simons alleges, the concluded that Yale was deficient in how it responded to claims of sexual misconduct on campus. Id. \u00b6 14. The allegedly told Yale that these deficiencies tended to create and foster a sexually hostile environment toward women. Id. Allegedly in response to the DOE's criticism, Yale created a University-Wide Committee on Sexual Misconduct to enforce the University's Sexual Misconduct Policy. Id. \u00b6 15. The *3 University-Wide Committee on Sexual Misconduct adopted procedures that identified the respective rights and responsibilities of an accuser, the accused, and Yale in a complaint about sexual misconduct. Id. \u00b6 16. 3 In February 2010, before the formation of the University-Wide Committee on Sexual Misconduct, Dr. Simons alleges that he sent a \"declaration of love and romantic interest\" to a junior colleague (\"Dr. Doe\"). Id. \u00b6 18. Dr. Doe allegedly made clear that she did not feel the same way about Dr. Simons, and after a series of e-mails, communication between the two ended in 2011. Id. Dr. Simons alleges that Dr. Doe later began a romantic relationship with another colleague, and when that colleague began experiencing professional difficulties, Dr. Doe and the colleague allegedly blamed Dr. Simons. Id. \u00b6 19. In 2013, Dr. Doe filed a complaint with the University-Wide Committee on Sexual Misconduct, alleging that Dr. Simons sexually harassed her. Id. \u00b6 20. The University allegedly hired former Connecticut Superior Court Judge Beverly Hodgson to investigate the claim. Id. \u00b6 21. The University-Wide Committee on Sexual Misconduct allegedly concluded that Dr. Simons had sexually harassed Dr. Doe. Id. Dr. Simons alleges that the University-Wide Committee on Sexual Misconduct recommended that Dr. Simons be suspended from his position 2/21/25, 7:00 Simons v. Yale Univ., No. 3:19-cv-1547 (VAB) | Casetext Search + Citator 3/24 as Chief of Cardiology for five years. Id. Dr. Simons appealed the recommendation. Id. After the appeal, Yale's Provost allegedly reduced Dr. Simons's suspension to eighteen months. Id. Dr. Simons alleges that, under an express provision of the University-Wide Committee on Sexual Misconduct policy, all proceedings are to be kept confidential. Id. \u00b6 22. He alleges that the disciplinary action taken against him, however, became public. Id. \u00b6 23. *4 4 Allegedly as a result of the public reaction to the news stories, Yale forced Dr. Simons to resign as Chief of Cardiology. Id. Then, when a second series of stories were published in the New York Times, Yale allegedly demanded that Dr. Simons also resign from his position as Director of the Cardiovascular Research Center. Id. Dr. Simons alleges that after he refused to resign, Yale took the position away. Id. Throughout his suspension, Dr. Simons allegedly retained the Robert W. Berliner Professorship of Medicine and remained a faculty member in good standing. Id. \u00b6 25. Dr. Simons alleges that the endowed chair helped him to attract grants and, thus, additional compensation. Id.; Plaintiff's Opposition Memorandum (\"Pl.'s Mem. In Opp'n\") at 3 No. 21 (Dec. 23, 2019). On or about 2017, reports of sexual misconduct by men allegedly began to surface on social media. Compl. \u00b6 26. Dr. Simons alleges that the social media hashtag \"#MeToo,\" \"foster[ed] a general climate of hysteria,\" id. \u00b6 26, causing unknown persons sympathetic to #MeToo sought to inflict punishment on Dr. Simons. Id. \u00b6 27. Dr. Simons alleges that one or more of these persons contacted the Berliner family, which endowed the Robert W. Berliner Professorship of Medicine, to inform them of Dr. Simons's misconduct in 2013 and to encourage the family to remove him from the professorship. Id. \u00b6 27. Eventually, the Berliner family allegedly contacted Yale administrators, who allegedly then begun looking for ways to remove Dr. Simons. Id. \u00b6 28. In the spring of 2018, Dean Alpern allegedly asked Dr. Simons to give up the Berliner Professorship in exchange for another endowed chair, the Waldemar Von Zedtwitz Professor of Cardiology, and allegedly stated it was unfortunate, but necessary due to the political climate. Id. *5 \u00b6 29. On June 5 2/21/25, 7:00 Simons v. Yale Univ., No. 3:19-cv-1547 (VAB) | Casetext Search + Citator 4/24 22, 2018, Dr. Simons alleges, President Salovey sent Dr. Simons a letter praising him and confirming his new appointment. Id. \u00b6 31. On September 6, 2018, however, Yale allegedly released a statement that Dr. Simons had not been given a new honor, but, instead, changed his title, in part due to the Berliner family's concerns. Id. \u00b6 33. Dr. Simons now alleges that in response to additional complaints made by #MeToo activists, Yale also issued a second statement reiterating that Dr. Simons was not receiving a new honor. Id. at \u00b6\u00b6 34-35. Eventually, the media, including the New York Times and the Washington Post, reported stories on Dr. Simons. Id. \u00b6 36. On September 20, 2018, while Dr. Simons was in London, Dean Alpern allegedly called and told him to resign from the Waldemar Von Zedtwitz Professorship by the following day. Id. \u00b6\u00b6 37-38. Dean Alpern allegedly told Dr. Simons that the increase in public criticism prompted the decision, and if Dr. Simons did not resign, he would be removed from the position. Id. \u00b6\u00b6 37, 39. Dr. Simons allegedly retained counsel, and on September 21, 2018, he alleges that he petitioned the Superior Court for the Judicial District of New Haven for ex parte injunctive relief to stop Yale from unilaterally removing the Professorship. Id. \u00b6 39. The Superior Court allegedly denied Dr. Simons's request, and Yale then allegedly took the endowed chair away from him. Id. Dr. Simons alleges that he is still employed by Yale, id. \u00b6 42, and that he allegedly continues to receive financial support in lieu of the endowed chair. Id. \u00b6 40. B. Procedural History On October 1, 2019, Dr. Simons filed his Complaint, having received releases of jurisdiction from the Equal Employment Opportunity Commission and the Connecticut Commission on Human Rights No. 1 (Oct. 1, 2019). *6 6 On November 27, 2019, Defendants filed a motion to dismiss, a motion to strike and a motion for more definite statement, under Federal Rules of Civil Procedure 12(b)(6), 12(f) and 12(e), respectively. Mot. to Dismiss No. 16 (Nov. 27, 2019); Mem. In Supp. Mot. To Dismiss No. 17 (Nov. 27, 2019) (\"Defs.' MTD\"). 2/21/25, 7:00 Simons v. Yale Univ., No. 3:19-cv-1547 (VAB) | Casetext Search + Citator 5/24 On December 23, 2029, Dr. Simons opposed Defendants' motions to dismiss. Pl.'s Mem. In Opp'n No. 21 (Dec. 23, 2019). On January 16, 2020, Defendants replied to Dr. Simons's memorandum in opposition. Reply to Resp. to Mot. to Dismiss No. 24 (Jan. 16, 2020) (\"Defs.' Reply\"). On August 21, 2020, Defendants filed a supplemental memorandum in support of their motion to dismiss. Suppl. Mem No. 38 (Aug. 21, 2020) (\"Defs.' Suppl. Mem.\"). On September 4, 2020, Dr. Simons filed a supplemental memorandum in opposition to Defendants' motion to dismiss. Suppl. Mem No. 40 (Sept. 4, 2020) (\"Pl.'s Suppl. Mem A. Rule 12(b)(6 complaint must contain a \" short and plain statement of the claim showing that the pleader is entitled to relief.\" Fed. R. Civ. P. 8(a). Any claim that fails \"to state a claim upon which relief can be granted\" will be dismissed. Fed. R. Civ. P. 12(b)(6). In reviewing a complaint under Rule 12(b)(6), a court applies a \"plausibility standard\" guided by \"[t]wo working principles.\" Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). First, \"[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.\" Id.; see also Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (\"While a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations . . . a plaintiff's obligation to provide the 'grounds' of his *7 'entitle[ment] to relief' requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.\" (internal citations omitted)). Second, \"only a complaint that states a plausible claim for relief survives a motion to dismiss.\" Iqbal, 556 U.S. at 679. Thus, the complaint must contain \"factual amplification . . . to render a claim plausible.\" Arista Records v. Doe 3, 604 F.3d 110, 120 (2d Cir. 2010) (quoting Turkmen v. Ashcroft, 589 F.3d 542, 546 (2d Cir. 2009)). 7 2/21/25, 7:00 Simons v. Yale Univ., No. 3:19-cv-1547 (VAB) | Casetext Search + Citator 6/24 When reviewing a complaint under Federal Rule of Civil Procedure 12(b)(6), the court takes all factual allegations in the complaint as true. Iqbal, 556 U.S. at 678. The court also views the allegations in the light most favorable to the plaintiff and draws all inferences in the plaintiff's favor. Cohen v. S.A.C. Trading Corp., 711 F.3d 353, 359 (2d Cir. 2013); see also York v. Ass'n of the Bar of the City of N.Y., 286 F.3d 122, 125 (2d Cir. 2002) (\"On a motion to dismiss for failure to state a claim, we construe the complaint in the light most favorable to the plaintiff, accepting the complaint's allegations as true court considering a motion to dismiss under Rule 12(b)(6) generally limits its review \"to the facts as asserted within the four corners of the complaint, the documents attached to the complaint as exhibits, and any documents incorporated in the complaint by reference.\" McCarthy v. Dun & Bradstreet Corp., 482 F.3d 184, 191 (2d Cir. 2007 court may also consider \"matters of which judicial notice may be taken\" and \"documents either in plaintiffs' possession or of which plaintiffs had knowledge and relied on in bringing suit.\" Brass v. Am. Film Techs., Inc., 987 F.2d 142, 150 (2d Cir. 1993); Patrowicz v. Transamerica Home First, Inc., 359 F. Supp. 2d 140, 144 (D. Conn. 2005). B. Rule 12(e) *8 8 Under Rule 12(e), \"[a] party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response.\" Fed. R. Civ. P. 12(e). \"For a more definite statement to be warranted, the complaint must be so excessively vague and ambiguous as to be unintelligible and as to prejudice the defendant seriously in attempting to answer it.\" Kuklachev v. Gelfman, 600 F. Supp. 2d 437, 456 (E.D.N.Y. 2009) (internal quotation marks and citations omitted). \"The rule is designed to remedy unintelligible pleadings, not to correct for lack of detail.\" Id. C. Rule 12(f) Under Federal Rule of Civil Procedure 12(f), \"[t]he court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.\" Fed. R. Civ. P. 12(f). The Second Circuit has held that, when a court evaluates a Rule 12(f) motion, \"it is settled that the motion will be denied, unless it can be shown that no evidence in support of the 2/21/25, 7:00 Simons v. Yale Univ., No. 3:19-cv-1547 (VAB) | Casetext Search + Citator 7/24 allegation [that movant wishes to strike] would be admissible.\" Lipsky v. Commonwealth United Corp., 551 F.2d 887, 893 (2d Cir. 1976); see also Salahuddin v. Cuomo, 861 F.2d 40, 42 (2d Cir. 1988) (\"When a complaint does not comply with the requirement that it be short and plain, the court has the power, on its own initiative or in response to a motion by the defendant, to strike any portions that are redundant or immaterial.\") (citing Fed. R. Civ. P. 12(f)); Hudson's Bay Fur Sales Canada, Inc. v. Scheflin-Reich, Inc., No. 90 CIV. 8026 (RLC), 1991 60377, at *1 (S.D.N.Y. Apr. 8, 1991 motion to strike a matter from a complaint as immaterial will be granted only if no evidence in support of the allegation would be admissible at trial Dr. Simons sets forth seven claims: (1) a breach of contract claim, (2) a breach of implied warranty of fair dealing claim, (3) a wrongful discharge claim, (4) a negligent infliction of *9 emotional distress claim, (5) a violation of Title claim, (6) a violation of Title claim, and (7) a breach of privacy claim, which he brings against unknown defendants. 9 Defendants have moved to dismiss each of these claims. They also have moved to strike the allegations against the unknown defendants or, in the alternative, have asked the Court to order the production of a more definite statement. The Court will address each of these claims in turn, but first addresses a jurisdictional issue. A. Jurisdiction In order for a lawsuit to be brought before a federal court, the court must have original jurisdiction over the matter. Under 28 U.S.C. \u00a7 1331, also known as \"federal question jurisdiction,\" district courts are empowered with \"original jurisdiction [over] all civil actions arising under the Constitution, laws, or treaties of the United States.\" If a lawsuit does not arise from of a \"federal question,\" litigants may also bring cases before federal courts under 28 U.S.C. \u00a7 1332, \"diversity jurisdiction.\" In relevant part, diversity jurisdiction is available to parties when the amount in controversy exceeds $75,000 and the litigants reside in different states or countries. See 28 U.S.C. 2/21/25, 7:00 Simons v. Yale Univ., No. 3:19-cv-1547 (VAB) | Casetext Search + Citator 8/24 \u00a7 1332. State law claims can be brought before federal courts either through use of 28 U.S.C. \u00a7 1332, or through the courts' exercise of supplemental jurisdiction, under 28 U.S.C. \u00a7 1367. Section 1367(a) explains that \"the district courts shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy. . . .\" 28 U.S.C. \u00a7 1367(a). The exercise of supplemental jurisdiction over state law claims is discretionary. See id. \u00a7 1367(c) (\"The district courts may decline to exercise supplemental jurisdiction over a claim under subsection (a) if [,] *10 (1) the claim raises a novel or complex issue of State law . . . [or] (3) the district court has dismissed all claims over which it has original jurisdiction . . . .\"). 10 district court may dismiss state law claims after all federal questions in the case have been resolved. See Arbaugh v Corp., 546 U.S. 500, 502 (2006) (\"[W]hen a court grants a motion to dismiss for failure to state a federal claim, the court generally retains discretion to exercise supplemental jurisdiction . . . .\"); Ziming Shen v. City of N.Y., 725 F. App'x 7, 16 (2d Cir. 2018), cert. denied sub nom., 139 S. Ct. 78 (2018) ( \"[G]iven the dismissal of all claims over which the district court has original jurisdiction, the court may decline to exercise supplemental jurisdiction over this remaining state law claim.. . . .[But, t]he court should balance the factors of judicial economy, convenience, fairness, and comity in making this discretionary determination.\" (internal quotation marks and citations omitted)). Defendants raise two jurisdictional arguments. First, they argue that Dr. Simons has failed to prove the existence of diversity jurisdiction and since he has not petitioned to amend his Complaint to argue for supplemental jurisdiction, his claims arising under Connecticut law should be dismissed. Defs at 32-34. Second, Defendants argue that, in the event that the Court finds it does have original jurisdiction, it should still use its discretion to not exercise supplemental jurisdiction over Dr. Simons's claims arising under Connecticut law, because his federal claims should be dismissed under Fed. R. Civ 12(b). Id. at 34-35. 2/21/25, 7:00 Simons v. Yale Univ., No. 3:19-cv-1547 (VAB) | Casetext Search + Citator 9/24 The first of these arguments is moot, as Dr. Simons has conceded that diversity jurisdiction does not exist. Pl.'s Mem. In Opp'n at 4. As to Defendants' second argument, as long as the federal claims in this case remain, the Court declines to dismiss Dr. Simons's state law claims. *11 11 B. The Title Claim In McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), the U.S. Supreme Court established a burden-shifting framework to evaluate claims of employment discrimination and outlined the elements of a prima facie case. Consistent with this decision, in the Second Circuit, a plaintiff must show: (1) he is a member of a protected class; (2) he was qualified for his position; (3) he suffered an adverse employment action; and (4) there is \"at least minimal support for the proposition that the employer was motivated by discriminatory intent.\" Littlejohn v. City of N.Y., 795 F.3d 297, 311 (2d Cir. 2015 plaintiff's burden for establishing a prima facie case is de minimis. See Woodman v. WWOR-TV, Inc., 411 F.3d 69, 76 (2d Cir. 2005) (\"We have characterized plaintiff's prima facie burden as 'minimal' and 'de minimis.'\") (citing Zimmermann v. Assocs. First Capital Corp., 251 F.3d 376, 381 (2d Cir. 2001)). In the initial pleading stage of litigation for a Title employment discrimination claim, an \"allegation of facts supporting a minimal plausible inference of discriminatory intent suffices...because this entitles the plaintiff to the temporary presumption of McDonnell Douglas until the defendant furnishes its asserted reasons for its action against the plaintiff.\" Doe v. Columbia Univ., 831 F.3d 46, 55 (2d Cir. 2016); see also Dawson v. N.Y. City Transit Auth., 624 F. App'x 763, 770 (2d Cir. 2015) (\"At the pleading stage, district courts would do well to remember th[e] exceedingly low burden that discrimination plaintiffs face . . . .\"). The allegations need not, however, give \"plausible support to the ultimate question of whether the adverse employment action was attributable to discrimination.\" Littlejohn, 795 F.3d at 311. Defendants argue that Dr. Simons has failed to meet the standards set forth for proving a violation of Title VII. While they do not dispute that he can be a member of a protected class, they argue that he has failed to show he is 2/21/25, 7:00 Simons v. Yale Univ., No. 3:19-cv-1547 (VAB) | Casetext Search + Citator 10/24 qualified, because although he alleges his academic *12 credentials, he also alleges that he was found to have violated the University's sexual misconduct policy. Defs at 25. They also argue that Plaintiff has failed to allege that his removal from the Waldemar Von Zedtwitz Professorship was a materially adverse change to his employment, because he remains a physician, medical researcher, and faculty member of the Yale School of Medicine and is employed by Yale. Id. at 26. 12 Furthermore, Defendants argue that the fact that the Connecticut Commission on Human Rights and Opportunities (\"CHRO\") denied Mr. Simons's September 21, 2018 petition for an injunction against his removal is dispositive, because the determined that Dr. Simons's removal was based on his past misconduct, not his status as member of a protected class. Id. at 26-27. Dr. Simons argues that he has met the pleading standards for a Title complaint. He argues that as a Caucasian male he is member of a protected class. Compl. \u00b6 65. He also alleges that by still being employed by Yale, and being moved from one endowed chair to another, he has demonstrated his qualifications. Pl.'s Mem. In Opp'n at 27. He also argues that, despite still being employed by Yale, he has faced an adverse employment action because his removal from the endowed chair allegedly will result in a loss of professional benefits in excess of $100,000. Id. Lastly, Dr. Simons argues that he has shown at least minimal support that disparate treatment existed as a result of his gender identity. Specifically, he has alleged that only Caucasian males have been punished twice under the Defendants' sexual misconduct disciplinary policies and that similarly situated women have n ever been punished multiple times for the same conduct. Compl. \u00b6\u00b6 66-67. The Court agrees. *13 13 Dr. Simons's Complaint sufficiently states a claim for disparate treatment at this stage in the litigation. As the Second Circuit has held, \"absent direct evidence of discrimination, what must be plausibly supported by facts alleged in the complaint is that the plaintiff is a member of a protected class, was qualified, suffered an adverse employment action, and has at least 2/21/25, 7:00 Simons v. Yale Univ., No. 3:19-cv-1547 (VAB) | Casetext Search + Citator 11/24 minimal support for the proposition that the employer was motivated by discriminatory intent.\" Littlejohn, 795 F.3d at 311. Dr. Simons's Complaint satisfies this standard and includes allegations as to each of these elements. See Compl. \u00b6 65 (Plaintiff is a \"Caucasian male\"); Id. \u00b6 31 (alleging that upon the exchange of endowed chairs, Dr. Simons received a letter from the President of the University, stating that was he \"delighted to convey [the University's] pleasure in [Dr. Simons's] accomplishments\"); Id. \u00b6 55 (alleging he \"suffered direct economic damages in the form of lost wages, lost grant opportunities and other ascertainable economic loss, together with emotional distress and suffering\"); Id. \u00b6 66 (alleging \"the defendants have never punished a female multiple times for the same conduct in any disciplinary action involving sexual harassment\"). At this stage of the case, he is not required to \"give plausible support to the ultimate question of whether the adverse employment action was attributable to discrimination.\" Littlejohn, 795 F.3d at 311. Accordingly, Defendants' motion to dismiss Dr. Simons's Title claim will be denied. C. The Title Claim Title provides that, \"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.\" 20 U.S.C. \u00a7 1681(a) (1988). The Second Circuit has determined that allegations regarding Title disciplinary proceedings on the grounds of gender bias generally fall within two categories: either the plaintiff \"was innocent and wrongly found to have committed an offense . . . . [or] the plaintiff *14 alleges selective enforcement.\" Yusuf v. Vassar Coll., 35 F.3d 709, 715 (2d Cir. 1994). Under the latter category, \"regardless of the student's guilt or innocence, the severity of the penalty and/or the decision to initiate the proceeding was affected by the student's gender.\" Id. 14 Dr. Simons's Complaint arguably falls within the second category. He argues that Defendants have violated his Title due process rights because after the University completed a full internal adjudication under its sexual 2/21/25, 7:00 Simons v. Yale Univ., No. 3:19-cv-1547 (VAB) | Casetext Search + Citator 12/24 misconduct policy, he faced discipline for the same behavior a second time. Pl.'s Mem. In Opp'n at 19. He also argues that Yale punishes only Caucasian males twice for the same conduct. Compl. \u00b6 67. Recently, two decisions in this District have determined that \"Title affords no private remedy for employment discrimination claims.\" See Piscitelli v. Univ. of Saint Joseph, No. 3:19-CV-01589 (KAD), 2020 3316413, at *1 (D. Conn. June 18, 2020); Othon v. Wesleyan Univ., No. 3:18-CV-00958 (KAD), 2020 1492864, at *11 (D. Conn. Mar. 27, 2020). Another decision in this District, however, has ruled differently. See Doe v. Cent. Conn. State Univ., No. 3:19CV418 (MPS), 2020 1169296, at *7 (D. Conn. Mar. 11, 2020) (\"[T]he Second Circuit has not yet determined whether there is a private right of action for employment discrimination under Title IX. . . . After careful consideration find that [the plaintiff's] Title claims are cognizable and not foreclosed by Title . . . .\"). Because Dr. Simons's Title claim arises out of the same common nucleus of facts as his Title claim - which will remain in this case, at least, until the close of discovery - the Court will exercise its discretion and wait until the close of discovery to address this claim. See Dietz v. Bouldin, 136 S. Ct. 1885, 1891 (2016) (\"[The Supreme] Court has long recognized that a district court possesses inherent powers that are governed not by rule or statute but by the control *15 necessarily vested in courts to manage their own affairs so as to achieve the orderly and expeditious disposition of cases.\" (internal quotation marks omitted)). 15 Accordingly, Defendants' motion to dismiss Dr. Simons's Title claim will be denied, and this claim will be addressed at the summary judgment stage of this case. D. Breach of Contract 1. Timeliness Under Conn. Gen. Stat. \u00a7 52-576, \"No action for an account, or on any simple or implied contract, or on any contract in writing, shall be brought but within six years after the right of action accrues. . . .\" 2/21/25, 7:00 Simons v. Yale Univ., No. 3:19-cv-1547 (VAB) | Casetext Search + Citator 13/24 Defendants argue that the Dr. Simons's breach of contract claim must be dismissed, because Dr. Simons's suspension was in January 2013 and he filed his Complaint on October 1, 2019, beyond the six-year statute of limitations period. Defs at 6-7. Dr. Simons argues that Defendants breached their contract not through his initial suspension in January 2013, but by allegedly continuing to discipline him for the same action over many years. Pl.'s Mem. In Opp'n at 9. He argues that his breach of contract claim stems from the Defendants' actions of punishing him twice for the same act, unilaterally removing his endowed chair, and not giving him an opportunity to contest the removal of the endowed chair. Compl. \u00b6 46. Because the last of these actions occurred in 2018, id. \u00b6 39, in his view, he is well within the six-year statute of limitations period. The Court agrees. Notably, under Conn. Gen. Stat. \u00a7 52-576, the time limit begins \"after the right of action accrues.\" Here, the alleged breach is not the procedures or discipline resulting from the University-Wide Committee on Sexual Misconduct hearing in 2013, see Pl.'s Mem. In Opp'n at *16 9, but rather the subsequent, and allegedly additional, disciplinary or punitive measures taken in 2018. Id. As a result, the six-year statute of limitations period does not bar this alleged breach of contract claim. 16 1 1 Because Defendants' other arguments for dismissal of Dr. Simons's other claims rest on the same premise, a breach in 2013 rather than a breach in 2018, those arguments similarly fail. See Defs at 13, 16, 18, 19 (arguing for the dismissal of Dr. Simons's claims of wrongful discharge, negligent infliction of emotional distress, Title IX, and breach of privacy, respectively). 2. The Existence of a Contract Under Connecticut law, a breach of contract claim has three elements: (1) the formation of an agreement, (2) performance by one party, (3) breach of the agreement by the other party, and damages. Meyers v. Livingston, Adler, Pulda, Meiklejohn & Kelly, P.C., 311 Conn. 282, 291 (2014). 2/21/25, 7:00 Simons v. Yale Univ., No. 3:19-cv-1547 (VAB) | Casetext Search + Citator 14/24 Defendants argue that, if the procedures governing the University-Wide Committee on Sexual Misconduct were a material term of the contract, and those procedures were not in place until after 2011, there could be no formation of an agreement in 2008 or 2009 when Dr. Simons signed his employment contract with the University. Defs at 7-8. They also argue that even if a contract had been formed, by violating the sexual misconduct policy, Dr. Simons failed to perform the duties to which he was bound, thus abrogating any responsibilities the Defendants had under it. Id. Dr. Simons argues that a contract had been formed and that the express terms of the contract anticipated periodic changes. Pl.'s Mem. In Opp'n at 6. He further argues that his sexual misconduct did not lead to the termination of that contract. In his view, even after hiring an independent investigator and determining he had sexually harassed Dr. Doe, Yale did not terminate him or recommend his removal from his endowed chair. Id. at 7. Instead, as he argues, he maintained his position and continued to perform under the contract by staying in good *17 standing throughout his suspension and not having any additional disciplinary issues following the suspension. Id. at 8. 17 The Court agrees. At this stage of the case, this Court must view the Complaint's allegations in the light most favorable to Dr. Simons. See Cohen, 711 F.3d at 359 (2d Cir. 2013) (\"To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.\" (quoting Iqbal, 556 U.S. at 678)). The more detailed issues related to the nature and extent of any operable employment contract in 2018 shall await a later stage of this case. For now, Dr. Simons's continued employment relationship with Yale sufficies for purposes of determining whether a contract between the two parties had been formed. See Gaudio v. Griffin Health Servs. Corp., 249 Conn. 523, 532 (1999) (\"There cannot be any serious dispute that there is a bargain of some kind; otherwise, the employee would not be working.\"). Indeed, \"Connectiut law recognizes that statements made in employment manuals may give rise to an implied contract between an employer and its employee.\" Jones v Mgm't Co. Inc., No. CV020471419S, 2003 2/21/25, 7:00 Simons v. Yale Univ., No. 3:19-cv-1547 (VAB) | Casetext Search + Citator 15/24 Id. at 433 (internal quotation marks and citations omitted). 22332837, at *4. As a result, the other related issues of whether Dr. Simons performed, and whether Yale breached these agreements, also should wait for another day. Cf. id. at *5 (recognizing as sufficient to survive a motion to dismiss allegations \"that the defendants demoted her without cause or justification in violation of those procedures stated in the manual . . . . \"). Accordingly, Defendants' motion to dismiss Dr. Simons's breach of contract claim will be denied. *18 18 E. Breach of the Implied Warranty of Good Faith and Fair Dealing \"[E]very contract carries an implied duty requiring that neither party do anything that will injure the right of the other to receive the benefits of the agreement.\" De La Concha of Hartford, Inc. v. Aetna Life Ins. Co., 269 Conn. 424, 432 (2004) (internal quotation marks omitted). In De La Concha of Hartford, Inc., the Connecticut Supreme Court explained, The covenant of good faith and fair dealing presupposes that the terms and purpose of the contract are agreed upon by the parties and that what is in dispute is a party's discretionary application or interpretation of a contract term...To constitute a breach of [the implied covenant of good faith and fair dealing], the acts by which a defendant allegedly impedes the plaintiff's right to receive benefits that he or she reasonably expected to receive under the contract must have been taken in bad faith. Defendants argue that if a contract existed, Dr. Simons has failed to demonstrate the Defendants acted in bad faith when allegedly breaching it. Defs at 10. In their view, the Connecticut Supreme Court's decision in Habetz v. Condon, 224 Conn. 231 (1992), is instructive, if not dispositive. See Defs at 12 (\"Bad faith includes 'both actual or constructive fraud, or a design to mislead or deceive another, or a neglect or refusal to fulfill some duty or some contractual obligation, not prompted by an honest mistake as to one's rights or duties, but by some interested or sinister motive.'\" (quoting Habetz, 224 Conn. at 237)). Defendants argue that Dr. Simons has failed to sufficiently plead that they breached the implied 2/21/25, 7:00 Simons v. Yale Univ., No. 3:19-cv-1547 (VAB) | Casetext Search + Citator 16/24 warranty of good faith and fair dealing, because he has not alleged any of their actions were \"dishonest\" or \"sinister.\" See id. Dr. Simons argues that he was \"enticed\" to leave his position at Dartmouth College by an offer to be appointed an endowed chair, which could not be removed without proper procedures and process. Pl.'s Mem. In Opp'n at 11. He argues that his subsequent removal and the way by which Yale removed him were in bad faith. Id. He further alleges that Defendants were *19 negatively influenced by \"#MeToo activists,\" who he has described as not having fairness or his best interests in mind. Id.; see also Compl. \u00b6 36. 19 The Court agrees. Since the terms of the contract alleged here are in dispute and Dr. Simons has alleged that Yale acted in bad faith when Yale removed him from his position as an endowed chair, for reasons similar to why Dr. Simon's breach of contract claim continues for now, his breach of the good faith and fair dealing also continues: his Complaint provides sufficient facts to survive a motion to dismiss. See, e.g. Jones, 2003 22332837 at *5 (recognizing specifically that allegations \"that the defendants demoted her without cause or justification in violation of those procedures stated in the manual\" were \"sufficient to support a claim of bad faith on the part of the defendants.\"). Accordingly, Defendants' motion to dismiss Dr. Simons's claim of breach of the implied warranty of good faith and fair dealing will be denied. F. The Wrongful Discharge Claim claim for wrongful discharge requires the plaintiff to establish that the employer's conduct surrounding the termination of the plaintiff's employment violated an important public policy.\" Carnemolla v. Walsh, 75 Conn. App. 319, 324 (2003 breach of the implied covenant of good faith and fair dealing contract claim, however, is different than a wrongful termination claim because the former focuses on the fulfillment of the parties' reasonable expectations rather than on a violation of public policy.\" Geysen v. Securitas Sec. Servs. USA, Inc., 322 Conn. 385, 404 (2016). Defendants argue that Dr. Simons's wrongful discharge claim should be dismissed, because, in their view, he has failed to allege the elements of 2/21/25, 7:00 Simons v. Yale Univ., No. 3:19-cv-1547 (VAB) | Casetext Search + Citator 17/24 common-law wrongful discharge: *20 (1) he was not discharged; he has not alleged the University's discharge violates public policy; (2) he is potentially entitled to another statutory remedy; and (3) that permitting his discharge to go unredressed would leave a valuable social policy unvindicated. Defs at 13-14 (citing Burnham v. Karl and Gelb P.C., 252 Conn 153, 181 (2000); Lopez v. Burris Logistics Co., 952F. Supp. 2d 396, 405 (D. Conn. 2013)). Defendants argue that there are no laws in Connecticut against \"wrongful demotion.\" Defs.' Reply at 5 (citing Jones, 2003 22382837, at *2). 20 Dr. Simons argues that he has brought forward a significant and sufficient public policy argument to support his claim of wrongful discharge: sex discrimination. Pl.'s Mem. In Opp'n at 12. While he recognizes that to state a plausible claim for wrongful discharge, he must be discharged, he argues that Connecticut law is unclear on whether a wrongful discharge claim requires a complete termination of all employment relationships or if the law permits the claim to be brought for the termination of \"separate and distinct employment relationships\" between the parties even if the plaintiff is still employed. Id. at 12-13. As a result, he requests certification of the question to the Connecticut Supreme Court. Id. at 15. Dr. Simons does not dispute that another statutory remedy exists, but has requested that the Court construe his Complaint to plead wrongful discharge in the alternative to his Title and Title claims or to grant him permission to amend his complaint to do so. Pl.'s Mem. In Opp'n at 12. The Court disagrees. There is no viable basis under Connecticut law for Dr. Simons's wrongful discharge claim. Decades ago, the Connecticut Supreme Court recognized \"an exception to the traditional rules governing employment at will so as to permit a cause of action for wrongful discharge where the discharge contravenes a clear mandate of public policy.\" Sheets v. Tedd's Frosted *21 Foods, Inc., 179 Conn. 471, 474 (1980). The Connecticut Supreme Court clarified there that the issue of wrongful discharge involved the termination of the employment relationship. See id. at 474-75 (\"The plaintiff does not challenge the general proposition that contracts of permanent employment, or for an indefinite term, are terminable at will. Nor does he argue that 21 2/21/25, 7:00 Simons v. Yale Univ., No. 3:19-cv-1547 (VAB) | Casetext Search + Citator 18/24 contracts terminable at will permit termination only upon a showing of just cause for dismissal . . . .\" (internal citations omitted)). Connecticut's \"appellate courts, however, have not expanded the cause of action for wrongful discharge recognized in Sheets to include wrongful demotions.\" Jones, 2003 22332837 at *2 (collecting cases)). Indeed, since Sheets, subsequent decisions have only reaffirmed the notion that a wrongful discharge claim is premised on a termination of the employment relationship. See Parsons v. United Techs. Corp., 243 Conn. 66, 79 (1997) (noting \"that the public policy exception to the general rule allowing unfettered termination of an at-will employment relationship is a narrow one . . . .\" ); see also Burnham v. Karl and Gelb, P.C., 252 Conn. 153, 159 (2000) (addressing the viability of a common-law wrongful discharge claim involving an \"alleged retaliatory termination.\"). In any event, even if that was not the prevailing law, Dr. Simons's wrongful discharge claim suffers from another fatal flaw: the existence of a statutory remedy for his alleged wrongful demotion. The Connecticut Supreme Court also has made clear that comm on-law wrongful discharge claims are precluded by the availability of a statutory remedy. See Burnham, 252 Conn. at 162 (\"The existence of this statutory remedy precludes the plaintiff from bringing a common-law wrongful discharge action based on an alleged violation of \u00a7 31-51(b).\") (referencing Atkins v. Bridgeport Hydraulic Co., 5 Conn.App. 643, 648 (1985) (finding that a *22 plaintiff can a bring wrongful discharge claim only when he or she is otherwise without remedy)). 22 Certainly, the Connecticut Fair Employment Practices Act, Conn. Gen. Stat. \u00a7 46a-60, which provides statutory protection at least equal to that of Title - one of Dr. Simons's claims already - provides an adequate remedy at law for Dr. Simons's alleged wrongful demotion. See Bridgeport Hosp. v. Commission on Human Rights & Opportunities, 232 Conn. 91, 108 (1995) (\" [W]e are properly guided by the case law surrounding federal fair employment legislation . . . .\"). To the extent that Dr. Simons is arguing that the statutory remedies under Connecticut's employment statute (or even Title VII) are not equivalent to those available under the common-law wrongful discharge claim, the Connecticut Supreme Court already has addressed and rejected that argument as well. See Burnham, 252 Conn. at 2/21/25, 7:00 Simons v. Yale Univ., No. 3:19-cv-1547 (VAB) | Casetext Search + Citator 19/24 164-65 (recognizing that there is nothing in the relevant precedent \"to suggest that a statutory remedy must be equivalent to a potential common- law cause of action for wrongful termination in order for the common-law cause of action to be precluded.\"). Accordingly, Defendants' motion to dismiss Dr. Simons's wrongful discharge claim will be granted. G. The Negligent Infliction of Emotional Distress Claim Under Connecticut law, there are four \"elements of the cause of action for negligent infliction of emotional distress: (1) the defendant's conduct created an unreasonable risk of causing the plaintiff emotional distress; (2) the plaintiff's distress was foreseeable; (3) the emotional distress was severe enough that it might result in illness or bodily harm; and (4) the defendant's conduct was the cause of the plaintiff's distress.\" Carrol v. Allstate Ins. Co., 262 Conn. 433, 444 (2003). *23 23 The Connecticut Supreme Court has determined that a claim of negligent infliction of emotional distress cannot arise from conduct occurring within a continuing employment context, which the court distinguished from conduct occurring in the termination of employment. See Perodeau v. City of Hartford, 259 Conn. 729, 762-63 (2002). The court explained there that \"extending the tort of negligent infliction of emotional distress to ongoing employment relationships would open the door to spurious claims.\" Id. at 758. Defendants argue that Dr. Simons's claim for negligent infliction of emotional distress should be dismissed because he remains employed by Yale and he has not alleged that the conduct involved in his demotions created an unreasonable risk of emotional distress that might result in bodily harm. Defs at 17. Dr. Simons does not dispute Defendants' argument that he can only claim negligent infliction of emotional distress in the termination process. Pl.'s Mem. In Opp'n at 16. But he argues that even though he remains employed by Yale, he was terminated from a separate, distinct relationship within that employment. Id. at 17. He further alleges that the removal from those 2/21/25, 7:00 Simons v. Yale Univ., No. 3:19-cv-1547 (VAB) | Casetext Search + Citator 20/24 Goodrich v. Waterbury Republican-American, Inc., 188 Conn. 107, 127-28 (1982) (internal quotation marks omitted). The four categories of invasion of privacy are: (a) unreasonable intrusion upon the seclusion of another; (b) appropriation of the other's name or likeness; (c) unreasonable publicity given to the other's private life; or (d) publicity that unreasonably places the other in a false light before the public. See Foncello v. Amorossi, 284 Conn. 225, 234 (2007) (citing Restatement (Second) of Torts \u00a7 652A (1977)); see also positions caused him to suffer emotional distress and humiliation. Compl. \u00b6 57. He has, again, requested that the court certify the question of whether losing various positions, but remaining employed constitutes termination. Id. The Court disagrees. As with his wrongful discharge claim, there is no basis for this claim under Connecticut law. As the Connecticut Supreme Court already has made clear, the ongoing nature of Dr. Simons's employment with Yale precludes his negligent infliction of emotional distress claim. See Perodeau, 259 Conn. at 748-49 (when considering \"whether individual municipal employees may be found liable for negligent infliction of emotional distress arising out of *24 actions or omissions occurring within the context of a continuing employment relationship, as distinguished from actions or omissions occurring in the context of termination of employment,\" the Connecticut Supreme Court \"conclude[d] that they may not.\") 24 Accordingly, Defendants' motion to dismiss Dr. Simons's claim of negligent infliction of emotional distress will be granted. H. The Breach of Privacy Claim Against Unknown Persons In Connecticut, the law of privacy has not developed as a single tort, but as a complex of four distinct kinds of invasion of four different interests of the plaintiff, which are tied together by the common name, but otherwise have almost nothing in common except that each represents an interference with the right of the plaintiff to be let alone. 2/21/25, 7:00 Simons v. Yale Univ., No. 3:19-cv-1547 (VAB) | Casetext Search + Citator 21/24 Rizzitelli v. Thompson, No. CV095009384S, 2010 3341516, at *4 (Conn. Super. Ct. Aug. 2, 2010). Dr. Simons has set forth a breach of privacy claim under the third category, alleging that unreasonable publicity was given to his private life. Pl.'s Mem. In Opp'n at 29. He has clarified in his memorandum in opposition to the Defendants' motion to dismiss that the claim of breach of privacy is being brought solely against the unknown persons who he alleges informed the Berliner family of the details of his proceedings in 2018. Id. Dr. Simons argues that these defendants were associated with Yale, gained access to the confidential information of his *25 disciplinary proceedings, and publicized that information. Compl. \u00b6 70. He does not, however, bring this claim against the named defendants. Id. 25 The named defendants argue that the claims against unknown persons should be stricken under Federal Rule of Civil Procedure 12(f). Defs at 36. Alternatively, they request that the Court order Dr. Simons to produce a more definite statement under Federal Rule of Civil Procedure 12(e). Id. at 37. They argue that an alleged violation without naming the person(s) responsible is too vague and ambiguous for them to reasonably prepare a response. Id. The Court disagrees. \"Although the decision to grant a motion for a more definite statement lies within the discretion of the district court, [s]uch motions are generally disfavored . . . and are not intended to substitute for the normal discovery process.\" Liberty Mut. Ins. Co. v. Howmet Casting & Servs., Inc., No. 3:15-CV- 01408 (VAB), 2016 5661999, at *3 (D. Conn. Sept. 29, 2016) (internal quotation marks omitted) (alteration in original); see also Vaden v. Lantz, 459 F. Supp. 2d 149, 151 (D. Conn. 2006). As this Court explained in Liberty Mut. Ins. Co., \"[t]he preferred course is to encourage the use of discovery procedures to apprise the parties of the factual basis of the claims made in the pleadings.\" Id. As a result, the Court will not require the filing of a more definite statement at this time, as the named defendants will not be prejudiced by Plaintiff using discovery to uncover the names of the \"unknown defendants.\" 2/21/25, 7:00 Simons v. Yale Univ., No. 3:19-cv-1547 (VAB) | Casetext Search + Citator 22/24 Similarly, the Court will not strike the unnamed defendants under Federal Rule of Civil Procedure 12(f), at this stage in the case. Like Rule 12(e), Rule 12(f) \"[m]otions to strike are generally disfavored and will not be granted unless the matter asserted clearly has no bearing on the issue in dispute.\" Correction Officers Benevolent Ass'n of Rockland Cty. v. Kralik, 226 *26 F.R.D. 175, 177 (S.D.N.Y. 2005). In this case, Dr. Simons's breach of privacy claim is related to his alleged demotion from the endowed chairs, indicating that there is \"bearing on the issue in dispute.\" See id. Striking a part of a pleading under Rule 12(f) is a drastic remedy that courts in this Circuit seldom use. See, e.g., Gierlinger v. Town of Brant, No. 13-CV-00370 AM, 2015 3441125, at *1 (W.D.N.Y. May 28, 2015) (dismissing motion to strike); D'Alosio v Techs. Corp., No. 16-CV-769 (VAB), 2017 1439663, at *2 (D. Conn. Apr. 21, 2017) (dismissing motion to strike on the same grounds); see also Lipsky, 551 F.2d at 894 (stating, \"Rule 12(f) should be construed strictly against striking portions of the pleadings on the grounds of immateriality, and if the motion is granted at all, the complaint should be pruned with care. \"). 26 Accordingly, the motion for a more definite statement, and the motion to strike related to the breach of privacy claim will be denied For the foregoing reasons, Defendants' motion to dismiss is in part and in part, and the motion for a more definite statement, and the motion to strike, are DENIED. The Court dismisses Dr. Simons's wrongful discharge and negligent infliction of emotional distress claims at this time and will address the remaining claims at a later stage of this case at Bridgeport, Connecticut, this 30th day of September, 2020. /s/ Victor A. Bolden 2/21/25, 7:00 Simons v. Yale Univ., No. 3:19-cv-1547 (VAB) | Casetext Search + Citator 23/24 About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/21/25, 7:00 Simons v. Yale Univ., No. 3:19-cv-1547 (VAB) | Casetext Search + Citator 24/24", "7932_103.pdf": "Donate | Read the Print Edition Subscribe | Join the 21, 2025 Professor found guilty of sexual harassment by can move forward in discrimination suit, judge rules | 11:21 05, 2020 Courtesy of Yale School of Medicine Cardiology professor Michael Simons \u201984 can move forward in his case alleging that the University discriminated against him because he is a man by punishing him twice for the same sexual harassment offense, a judge ruled last week. Simons, who is still a University employee, was found guilty of sexual harassment in 2013 by the University-Wide Committee on Sexual Misconduct. At the time, he was the chief of cardiology at the School of Medicine and chief of cardiovascular medicine at Yale New Haven \uf002 2/21/25, 7:01 Professor found guilty of sexual harassment by can move forward in discrimination suit, judge rules - Yale Daily News 1/6 Hospital. He also held the Robert W. Berliner endowed chair. When Berliner\u2019s daughter objected to Simons\u2019 chairship, the University transferred him to the Waldemar von Zedtwitz professorship. But after backlash from students, faculty and alumni, the University removed him from the position. In October of 2019, Simons filed a complaint against Yale, University President Peter Salovey, former Dean of the School of Medicine Robert Alpern and unknown persons who leaked information to the 2/21/25, 7:01 Professor found guilty of sexual harassment by can move forward in discrimination suit, judge rules - Yale Daily News 2/6 media. The complaint\u2019s nine counts allege gender discrimination, breach of privacy, breach of contract, wrongful discharge and emotional distress. In November 2019, the University filed a motion to dismiss Simons\u2019 complaint, which a U.S. district court judge ruled against on Sept. 30. \u201cDr. Simons is a Caucasian male,\u201d the complaint stated. \u201cThe defendants acted intentionally and in a discriminatory manner in regard to Dr. Simons for the express purpose of placating those #MeToo activists and sympathizers in the grip of moral panic and self-righteous indignation.\u201d In an email to the News, Alpern wrote that he is unable to respond to the pending litigation. Simons did not respond to requests for comment. Simons\u2019 lawyer Norm Pattis told the News that he would not comment. \u201cThe ruling speaks for itself,\u201d Pattis wrote in an email to the News. In the complaint, Simons claims that the University removed him first from his positions as chief of cardiovascular medicine and tenured professorships due to public pressure from sympathizers of the #MeToo movement. \u201cSaid activists generated an implacable intolerance to any perceived instance of sexual harassment, inculcating an ethos requiring that victims be believed uncritically, and fostering a general climate of hysteria in which activists were unable to distinguish genuine acts of sexual misconduct from the sort of normal courting behavior customary between men and women, such as the love letter sent by Dr. Simons,\u201d the complaint reads. Simons also alleged that he suffered gender discrimination due to the fact that only Caucasian males have been punished twice by the University for sexual misconduct cases. 2/21/25, 7:01 Professor found guilty of sexual harassment by can move forward in discrimination suit, judge rules - Yale Daily News 3/6 Yale\u2019s response refutes Simons\u2019 claim that he was doubly punished because of his gender. The University has not heard a sexual harassment complaint against a similarly situated female faculty member, Yale\u2019s motion explains. \u201cYale has an unwavering commitment to uphold standards of conduct essential to the maintenance of a safe, respectful, and inclusive campus,\u201d University Spokesperson Karen Peart wrote in an email to the News. \u201cThese standards apply to all students, faculty, and staff, regardless of race or gender, and we will continue to defend this case vigorously.\u201d Details from Simons\u2019 case date back to 2010, when he sent a romantic letter to a female junior colleague, who subsequently told him that she did not reciprocate his feelings. According to Simons\u2019 complaint, the letter was \u201ca declaration of love and romantic interest of the sort men have sent to women from time immemorial.\u201d She started up a relationship with another doctor who subsequently faced professional difficulties, which the two alleged was due to Simons\u2019 interference. In 2013, the junior colleague filed a sexual harassment complaint with the University-Wide Committee on Sexual Misconduct. Former Connecticut Superior Court Judge Beverly Hodgson investigated the claim and found Simons guilty of sexual harassment, and the recommended he be suspended as chief of cardiology for five years. Simons appealed and the suspension was ultimately reduced to 18 months. But details of the proceedings surfaced in a subsequent New York Times investigation. Later in 2013, Simons resigned as chief of cardiology, and his complaint alleges the University forced his resignation due to the public outcry. 2/21/25, 7:01 Professor found guilty of sexual harassment by can move forward in discrimination suit, judge rules - Yale Daily News 4/6 Simons continued to hold the position of the Robert W. Berliner chair of cardiology until Nancy Berliner \u201975 \u201979, the daughter of Robert Berliner and a former professor at the School of Medicine, objected to Simons\u2019 professorship. In July of 2018, the University transferred Simons to the Von Zedtwitz Chair. The action prompted public backlash, including an open letter from medical school students, alumni and faculty that amassed more than 1,000 signatures. The University then removed Simons from the position. In October 2019, Simons filed a complaint against the University. One month later, the University filed a motion to dismiss Simons\u2019 case as time-barred, meaning that Simons filed the complaint too long after the alleged breach of contract for it to be considered in court. The alleged breach of contract happened in January 2013. But Simons did not file the complaint until over six years later, in October 2019, Yale\u2019s memorandum in support of its motion reads. The University also claims that Simons failed to perform his duties as outlined in his offer of employment. The offer directed Simons to the University\u2019s Faculty Handbook, which expressly prohibits sexual misconduct, the memorandum reads. \u201cThe plaintiff therefore not only fails to allege that he performed; he actually alleges that he failed to perform,\u201d Yale\u2019s memorandum states. \u201cIn other words, he breached what he alleges was a material term of the contract prior to any claimed breach by the University Defendants, thereby relieving them of their obligation to perform.\u201d Members of the Committee on the Status of Women in Medicine did not wish to comment on the case. The University is represented by lawyers at Clendenen & Shea, LLC. Rose Horowitch | [email protected] 2/21/25, 7:01 Professor found guilty of sexual harassment by can move forward in discrimination suit, judge rules - Yale Daily News 5/6 Beatriz Horta | [email protected] Editor\u2019s note: This article and its headline have been updated to clarify that Simons was found guilty of sexual harassment by the UWC, not a court of law Rose Horowitch covers Woodbridge Hall. She previously covered sustainability and the University's COVID-19 response. She is a sophomore in Davenport College majoring in history Beatriz Horta is a staff reporter from Rio de Janeiro, Brazil covering the School of Medicine, School of Nursing and medical research. She's sophomore in Trumbull College majoring in psychology and CO., INC. 202 York Street, New Haven 06511 | (203) 432-2400 Editorial: (203) 432-2418 | [email protected] Business: (203) 432-2424 | [email protected] 2025 2/21/25, 7:01 Professor found guilty of sexual harassment by can move forward in discrimination suit, judge rules - Yale Daily News 6/6", "7932_104.pdf": "Donate | Read the Print Edition Subscribe | Join the 21, 2025 Professor accused of sexual misconduct sues Yale for gender discrimination, federal court grants trial In 2013, the University found Professor Michael Simons guilty of sexual harassment and disciplined him accordingly. Simons claimed that five years later, Yale punished him again for the same conduct in a gender-discriminatory effort to appease campus supporters of the #MeToo movement; a federal court last week allowed the case to move to trial | 12:49 23, 2024 Hedy Tung, Staff Photographer Content warning: This article contains references to sexual misconduct is available to all members of the Yale community who are dealing with sexual misconduct of any kind, including sexual assault \uf002 2/21/25, 7:02 Professor accused of sexual misconduct sues Yale for gender discrimination, federal court grants trial - Yale Daily News 1/8 sexual harassment, stalking, intimate partner violence and more. Counselors are available any time, day or night, at the 24/7 hotline: (203) 432-2000 Connecticut federal court ruled in favor of Yale professor Michael Simons last week, allowing him to move to trial on his claim that Yale, after finding him guilty of sexual harassment, punished him unfairly on the basis of his gender in an effort to appease media critics and campus supporters of the #MeToo movement. Simons was found guilty of sexual harassment in 2013 and as punishment was suspended as Chief of Cardiology at the School of Medicine. He alleges that after this initial punishment, the University illegally took a series of additional, unwarranted punishments against him in response to public criticism, most notably when Simons was given and then asked to resign from an endowed professorship in 2018, as the #MeToo movement was gaining national attention. Although Yale filed a motion for summary judgment on Simons\u2019 complaint, the court denied the motion with respect to two counts of gender discrimination in violation of Title of the Civil Rights Act 2/21/25, 7:02 Professor accused of sexual misconduct sues Yale for gender discrimination, federal court grants trial - Yale Daily News 2/8 of 1964 and Title of the Education Amendments of 1972; both counts will move forward to jury trial. \u201cPlaintiff was adjudged guilty of committing sexual harassment, he was punished, he executed his punishment without further violations, and then years after the completion of his punishment, he was again sanctioned for the same behavior, but this time without any process at all,\u201d U.S. District Judge Omar Williams wrote in his decision. \u201cThere is also no dispute that the University was the subject of news reports criticizing its decision to reward a sexual harasser with an endowed chair.\u201d Simons\u2019 lawyer, Norm Pattis, wrote to the News that he was \u201cvery much\u201d pleased with the court\u2019s ruling. \u201cYale\u2019s Title process is deeply flawed,\u201d he wrote. \u201cThe university should look more carefully before leaping into the arms of screaming harpies again.\u201d Williams\u2019 ruling was in response to Yale\u2019s motion for a summary judgment on the case, which aimed to have the court rule without a trial. Judge Williams\u2019 recent decision was in response to that motion, and it is not a finding of liability but instead means that the case must go before a jury for a verdict. \u201cYale has an unwavering commitment to uphold standards of conduct essential to the maintenance of a safe, respectful, and inclusive campus,\u201d wrote Yale\u2019s spokesperson on behalf of the University. \u201cThese standards apply to all students, faculty, and staff, regardless of race or gender, and we will continue to defend this case vigorously.\u201d Simons found guilty of sexual harassment, lost endowed professorship Simons was initially reported to the University in 2013 by Annarita Di Lorenzo, who was at the time a younger postdoctoral associate. Di 2/21/25, 7:02 Professor accused of sexual misconduct sues Yale for gender discrimination, federal court grants trial - Yale Daily News 3/8 Lorenzo alleged that in February 2010, Simons penned her a handwritten letter in Italian expressing his affection for her. Despite Di Lorenzo having made her lack of interest clear, Simons continued to send Di Lorenzo emails and letters, some with sexually suggestive language. In 2013, Yale\u2019s University-Wide Committee on Sexual Misconduct found Professor Michael Simons guilty of sexual harassment. Simons was then suspended \u2014 rather than removed \u2014 as chief of cardiology at the School of Medicine at the recommendation of former University provost Ben Polak. After that decision, in October 2014, the New York Times obtained leaked documents of the case and interviewed 18 faculty members who expressed anger at its handling week after the Times contacted Yale, the University announced that Simons would be removed from the position entirely. Then, on Nov. 14, 2014, the New York Times reported that Yale had also removed Simons as director of its Cardiovascular Research Center. Simons alleges that these two additional actions were taken in response to public reaction to the stories published by the New York Times and other outlets. The University disputes this claim, arguing that both subsequent punishments resulted from the findings of an internal, \u201c360 review\u201d of Simons\u2019 job performance. Simons, a tenured professor, continued to work at Yale in his position as Robert W. Berliner Professor of Medicine, a $500,000 dollar-a- year endowed professorship sponsored by the family of Robert Berliner. In the spring of 2018, then-Yale School of Medicine Dean Robert Alpern asked Simons to relinquish the Berliner professorship and switch to a different endowed chair instead. According to Simons\u2019 complaint, this came after \u201cone or more persons \u2026 sympathetic to the #MeToo movement\u201d contacted the Berliner family encouraging them 2/21/25, 7:02 Professor accused of sexual misconduct sues Yale for gender discrimination, federal court grants trial - Yale Daily News 4/8 to demand that the University remove Simons from the professorship. Then, the complaint alleges, \u201cfearing a backlash from the #MeToo activists and hoping to placate them,\u201d President Peter Salovey and the Yale administration \u201cbegan exploring\u201d how to remove Simons from the chair. On June 22, 2018, Salovey sent Simons a letter confirming his appointment to a different endowed chair, the Waldemar Von Zedwitz Professor of Cardiology, which also carried a value of $500,000 dollars a year. Following this decision, School of Medicine faculty members, students and alumni penned an open letter to University President Peter Salovey expressing \u201cdisgust and disappointment\u201d with this decision. Alpern also met with various groups opposed to Simons\u2019 appointment, such as the School of Medicine\u2019s Committee on the Status of Women in Medicine. On Sept. 20, 2018, Alpern notified Simons that he had until noon the following day to resign from his position as Waldemar Von Zedwitz Professor of Cardiology. According to Simons\u2019 lawsuit filing, Alpern also told Simons that the University was \u201cconcerned\u201d with the public criticism directed at them. Complaint filed in 2019 On Oct. 1, 2019, Simons and his lawyer, Norm Pattis, filed a lawsuit against Yale, Salovey and Alpern on seven counts: breach of contract, breach of the implied warranty of fair dealing, wrongful discharge, negligent infliction of emotional distress, breach of privacy, and discrimination on the basis of gender under Title of the Civil Rights Act of 1964 and Title of the Education Amendments of 1972. In 2020, a court granted Yale\u2019s motion to dismiss three of these counts: wrongful discharge, negligent infliction of emotional distress 2/21/25, 7:02 Professor accused of sexual misconduct sues Yale for gender discrimination, federal court grants trial - Yale Daily News 5/8 and breach of privacy. Following the decision, Yale moved for a summary judgement on all remaining counts. Judge Williams, in his ruling, first granted the motion with respect to counts of breach of contract and breach of the implied warranty of fair dealing. Regarding the counts of discrimination, Judge Williams elected to deny the University\u2019s motion, moving both claims to trial in front of a jury. Gender discrimination in violation of Title and Title Title prohibits employment discrimination based on race, color, religion, sex and national origin. In count six of the suit \u2014 alleged gender discrimination in violation of Title \u2014 Simons argues that Yale punished him multiple times for the same conduct, which it has allegedly never done to a non-male employee. Yale, however, asserts that this claim is unsupported by direct or circumstantial evidence. Judge Williams, in his ruling, stated that there is no direct evidence of discrimination actionable under Title VII. \u201cAlthough Defendant Alpern did testify that the University\u2019s treatment of Plaintiff stemmed from a desire to address negative sentiment within the community, he did not testify that the University adopted a clear policy of dealing with men more severely than others,\u201d Williams wrote. \u201cNor did he testify that community sentiment was sexist against men.\u201d However, Williams ruled that there is enough circumstantial evidence to consider Simons\u2019 case. He found that there was enough evidence to question whether Yale\u2019s explanation for removing the professorship was pretextual, meaning it could be a cover-up for discrimination. 2/21/25, 7:02 Professor accused of sexual misconduct sues Yale for gender discrimination, federal court grants trial - Yale Daily News 6/8 According to the court filing, its evidence comes primarily from procedural irregularities in Yale\u2019s handling of Simons\u2019 case, which deviate from Yale\u2019s stated policy on sexual harassment. Yale\u2019s policy does not \u201cexplicitly\u201d bar successive punishment for one offense but does \u201cstrongly\u201d discourage such disciplinary measures, \u201cparticularly in asserting that the entire disciplinary process generally should take about 60 days,\u201d per the filing. The policy also states that the accused has an opportunity to object to proposed sanctions. \u201cPlaintiff was not given an opportunity to present any argument in opposition to the sanction,\u201d Williams wrote, referring to Simons\u2019 immediate removal from the Von Zedwitz professorship. Neither these procedural flaws, nor the negative media coverage, can be disputed, according to Williams. Thus, there is sufficient evidence for a jury to find evidence of gender bias. Simons also alleges that Yale acted in violation of Title IX, which prohibits discrimination based on sex in education programs or activities receiving federal financial assistance. His basis for this claim is the same as it is for the alleged violation of Title \u2014 that Yale successively punished him for sexual misconduct without due process. Yale argued that this Title discrimination claim was duplicative of the Title claim, but the court held otherwise. Williams wrote that Title applies to educational contexts with outlined compliance requirements, while Title focuses more broadly on employment discrimination trial date has not yet been set Ben Raab is the Managing Editor of the Yale Daily News. He previously served as the faculty and academics beat reporter, and also covers the Yale men's basketball team. Originally from New York City, Ben is a junior in Pierson college majoring in history and political science. \uf099\uf0e0 2/21/25, 7:02 Professor accused of sexual misconduct sues Yale for gender discrimination, federal court grants trial - Yale Daily News 7/8 CO., INC. 202 York Street, New Haven 06511 | (203) 432-2400 Editorial: (203) 432-2418 | [email protected] Business: (203) 432-2424 | [email protected] 2025 2/21/25, 7:02 Professor accused of sexual misconduct sues Yale for gender discrimination, federal court grants trial - Yale Daily News 8/8"} |
7,626 | John P. Dwyer | University of California – Berkeley | [
"7626_101.pdf",
"7626_102.pdf",
"7626_103.pdf"
] | {"7626_101.pdf": "Dean Felled by Scandal Had 2 Faces By Maura Dolan, Rebecca Trounson and Carol Pogash Dec. 9, 2002 12 \u2014 The boy who began life in a Midwest trailer park worked his way as a young man into the chambers of the U.S. Supreme Court, where he clerked for Justice Sandra Day O\u2019Connor. Though at times restrained and even shy, he rose to the top job at one of the nation\u2019s leading law schools, displaying a charm in public that sometimes dazzled donors, alumni and colleagues. He became a mentor and friend to students at Berkeley\u2019s Boalt Hall School of Law; they lined up outside his office to see him. And then John P. Dwyer risked it all. These days, according to friends, he sits alone in his cliff-side condominium in North Beach, reading supportive e-mail and simmering over a sexual harassment charge that forced him, on the eve of Thanksgiving, to resign as Boalt Hall\u2019s dean. The intensely private Dwyer opens his morning paper to read detailed accounts of how he allegedly fondled and undressed a law student while she was passed out drunk. His mood, friends say, ranges from sadness to fury. In a terse statement on the day he resigned, he admitted only to a single consensual -- albeit inappropriate -- sexual encounter with a student that did not involve intercourse. He has not spoken publicly since. 2/21/25, 7:02 Dean Felled by Scandal Had 2 Faces - Los Angeles Times 1/8 Boalt Hall was Dwyer\u2019s world. Now 51, he received his law degree there and taught in its classrooms for 18 years, the last two as dean. \u201cIt was everything to him, his family, his life,\u201d said June Beltran, his third wife. Beltran, who is more than 10 years younger than Dwyer, began dating him when she was a third-year law student. They are now divorced. Tall and attractive, the dean worked hard. The lights in his office often burned till midnight. He had a knack for raising money -- crucial at a public school that hopes to compete with private institutions like Stanford and Harvard, which have large endowments. Dwyer was \u201cso powerfully smart and so remarkably dedicated to this institution that even though he\u2019s not a particularly outgoing or social person, he grew to embrace the idea of fund-raising with the greatest possible commitment,\u201d said Louise Epstein, Boalt\u2019s assistant dean for alumni relations and development. Many students said they felt he truly cared for them. He was always accessible, at times holding office hours in the school cafe. But there was another side to him: He had a reputation for dating female students far younger and less powerful than he. Andy Dwyer, his younger brother, said in an interview Sunday that when he learned John had to resign as dean, \u201cMy first reaction to that was bet it is sexual harassment.\u201d John would boast about having sex with students, said Andy Dwyer, a sex discrimination lawyer in New Jersey who has been estranged from his brother for more than 10 years. \u201cHe was really proud of the fact that he could seduce women 2/21/25, 7:02 Dean Felled by Scandal Had 2 Faces - Los Angeles Times 2/8 \u2018Bill Clinton of Boalt\u2019 Even after Dwyer became dean in 2000, students joked about his alleged flirtations and dalliances. He was dubbed by some the \u201cBill Clinton of Boalt Hall.\u201d One source at the law school who declined to be identified said that \u201ca lot of women are attracted to him, and he loves it -- people idolize him, and he feeds off that.\u201d But the source never heard anyone Dwyer has dated complain about him. Monique Morales, 31, who took a class from Dwyer, said she is troubled by what she has read of the complaint against him, but she never saw any hint of impropriety. She attended a student party at his home, and the students afterward cajoled him into going dancing with them, she said. University policy prohibits dating that raises a \u201cconflict of interest\u201d -- which officials say bars professors from dating students currently in their classes Berkeley officials, without discussing Dwyer\u2019s case, say that deans are not supposed to date students in their school. But the allegations against Dwyer go beyond simple dating; the young woman who lodged the complaint against him in October alleges he sexually assaulted her. According to the alleged victim\u2019s lawyer, the woman had been drinking with friends from the law school in December 2000. She ran into Dwyer, who offered to drive her home. He came inside to use the bathroom. 2/21/25, 7:02 Dean Felled by Scandal Had 2 Faces - Los Angeles Times 3/8 The attorney, Laura Stevens, said her client passed out on her bed, and when she awoke in the middle of the night, she found Dwyer, fully clothed, with his head resting on her chest, intimately touching her. She had been partially undressed. Just \u2018Flirtatious\u2019 Beltran is skeptical. \u201cPerhaps he is flirtatious, but he is not a criminal,\u201d she said would host parties for his students all the time. He had these young, beautiful law students falling all over him. He was warm, charming and witty. But that is different from sexual assault.\u201d Dwyer\u2019s marriage to Beltran ended in divorce when \u201che fell in love with someone else,\u201d Beltran said softly. She said she did not know whether his new interest at the time was a student. Beltran referred to herself as Dwyer\u2019s second wife, and his colleagues at Boalt also said she was his second wife, but she was actually his third. His brother Andy said that John\u2019s first marriage was to a Kentucky women he met in college. Asked about this Sunday, Beltran said John had implored her to keep his short first marriage a secret. The second wife declined to be interviewed. Students and faculty say Dwyer moved in a law school culture where faculty are expected to socialize with students, to invite small groups to their homes and to attend law school functions where heavy drinking is often the norm. \u201cHe was caught halfway between generations,\u201d said an adjunct professor at Boalt who asked not to be identified by name. \u201cTen, 20 years ago, professors thought [sleeping with female law students] was one of the perks of the job. \u201cBut then the revolution came.... He is young enough to know better, to know the rules, but the temptation is just so great.\u201d 2/21/25, 7:02 Dean Felled by Scandal Had 2 Faces - Los Angeles Times 4/8 Dwyer is a baby boomer, born in the Midwest in 1951. Close friends said he had an unhappy childhood. The eldest of four children, Dwyer grew up in Grand Rapids, Mich. Andy Dwyer said their parents came from impoverished backgrounds -- their maternal grandfather was a coal miner. When John was an infant, he and his parents lived for a short time in a mobile home. But the family prospered. Their father eventually became a corporate executive, and the family had a comfortable, upper-middle class lifestyle, Andy Dwyer said. Beltran said John Dwyer had ugly memories of his early years, and his brother does not dispute that this might be the case. Andy Dwyer said their mother was a disciplinarian. During their seven years of marriage, Beltran never met a single member of his family, she said. When his father died, his brothers called him, and his sister e-mailed him. \u201cHe didn\u2019t even call us back,\u201d Andy Dwyer said. He said he stopped talking to John when John refused to have contact with their other siblings. Dwyer went to DePauw University in Indiana as a rector scholar, an honor given to students who have shown \u201cextraordinary academic achievement,\u201d and majored in chemistry and math. He won a National Science Foundation Fellowship, an academic coup, and went to graduate school at the prestigious California Institute of Technology in Pasadena. After one year at Caltech, Dwyer told his advisor, Aron Kuppermann, that he wanted to pursue law instead of science because law would give him more contact with people and be socially useful. Kuppermann talked Dwyer into earning his PhD in chemical physics anyway -- which he did in four years, rather than the usual five. On his thesis, he thanked Kuppermann and even acknowledged his parents. 2/21/25, 7:02 Dean Felled by Scandal Had 2 Faces - Los Angeles Times 5/8 Dwyer excelled in law just as he had in science. He graduated at the top of his class, and managed to publish scientific papers while at Boalt. After clerking for O\u2019Connor and U.S. Court of Appeals Justice Harry E. Edwards, Dwyer could have pursued a lucrative career in a pedigreed law firm. Instead, he joined the public defender\u2019s office in Washington, D.C., a prestigious post. Joe Feldman, a major donor to Boalt, remembers Dwyer being asked once how he could have defended bad people. According to Feldman, Dwyer said: \u201cThey\u2019re not bad people.... They are ordinary people in terrible trouble.\u201d Feldman recalled the words last week, echoing them as he described Dwyer\u2019s predicament: It\u2019s \u201ca case of a good person doing a bad thing.\u201d Dwyer returned to Boalt Hall in 1984 as a law professor. Again he soared, winning a teaching award in 1997. Paul Marchegiani, 25, who took a \u201cproperties\u201d class from Dwyer two years ago, said Dwyer was the best teacher he had at Boalt. \u201cHe had a gift for making you stay interested,\u201d Marchegiani said. Dwyer alienated some faculty members with his acerbic edge. But when he was promoted to replace Dean Herma Hill Kaye two years ago, Dwyer tempered his blunt manner. He worked to make the faculty and student body more diverse, courted alumni donors and raised large amounts of money for the school. Kate Gordon, an Oakland lawyer who is a friend, said running the school eventually began to gnaw at him emotionally think it was kind of killing him,\u201d she said. \u201cEvery decision that went wrong really affected him. He really loved that school.\u201d 2/21/25, 7:02 Dean Felled by Scandal Had 2 Faces - Los Angeles Times 6/8 In his final speech to alumni, six days before his resignation, he gave no hint of the pressures that engulfed him. Epstein, the assistant dean for alumni relations, recalled him as \u201cdazzling,\u201d even \u201cwith the sword of Damocles hanging over him.\u201d Now, at his condominium off a path with no street sign, the buzzer to his condo is always busy. He does not answer his telephone friend said he feels besieged. \u201cTeaching is the thing he loved most in the world don\u2019t think there is any question about that,\u201d said his friend Gordon. \u201cAnd don\u2019t think he is going to get to teach again.\u201d * Times correspondent Michelle Munn contributed to this report. More to Read Before Scopes, Clarence Darrow fought another battle. He was accused of bribing a jury Dec. 26, 2024 professor was accused of sexual harassment. He\u2019s back in the lab Sept. 23, 2024 California Bible college students claim they were confined, surveilled and made to do unpaid labor Sept. 20, 2024 Maura Dolan 2/21/25, 7:02 Dean Felled by Scandal Had 2 Faces - Los Angeles Times 7/8 Copyright \u00a9 2025, Los Angeles Times | Terms of Service | Privacy Policy Notice of Collection | Do Not Sell or Share My Personal Information Maura Dolan is a former California-based legal affairs writer for the Los Angeles Times. She covered the California Supreme Court and the U.S. 9th Circuit Court of Appeals California native, she graduated from Berkeley and has worked in Washington and Los Angeles for The Times. 2/21/25, 7:02 Dean Felled by Scandal Had 2 Faces - Los Angeles Times 8/8", "7626_102.pdf": "Berkeley Press Releases Image Downloads Contacts John Dwyer, dean of Berkeley\u2019s School of Law, resigns 02 December 2002 Last week on Wednesday, Nov. 27, John Dwyer, dean of Berkeley's School of Law (Boalt Hall) announced his plans to resign as dean and from the faculty. Chancellor Robert M. Berdahl accepted the resignation in response to an allegation that he sexually harassed a law student in December 2000. That individual, now a Boalt Hall graduate, filed a formal complaint with the university's Title officer dated Oct. 11, 2002; the complaint was received by the university on Oct. 16. The university immediately began a formal investigation into the complaint, and the investigation is continuing. Below are answers to questions that have arisen: Q: What specific complaints have been received by Berkeley? A: Under law and campus policies, details of the complaint must be kept confidential. In general, however, the former student said that following a December 2000 social event attended by the dean and several law students, Dwyer engaged in a single instance of sexual contact with her in her apartment. There is a dispute over what transpired at the apartment, where they were alone. Dwyer maintains that the sexual encounter, which both agree did not involve intercourse, was consensual but was inappropriate on his part. The woman, in her Oct. 11, 2002 complaint to the campus, said she did not consent and that the incident had a negative effect on her personal and academic life. In her letter she requested that her complaint be treated as a complaint under the Faculty Code of Conduct and as a general sexual harassment complaint. Q: How did the university respond to her complaint? A: On Oct. 17, the day after receiving her letter, the administration launched a confidential investigation into the incident headed by a faculty investigator from outside the law school. Within days conversations were undertaken with the complainant, her attorney, the dean and campus lawyers. In these discussions, her attorney raised additional issues not included in the original complaint, alleging that the campus was not in compliance with federal and state law under Title IX, which addresses sexual harassment and complaint procedures. Q: In a press release the lawyer has charged that at the time of Dwyer's appointment \"a group of Boalt Hall students sent a letter to Chancellor Berdahl expressing their concerns about 2/21/25, 7:02 12.02.2002 - John Dwyer, dean of the Berkeley\u2019s School of Law, resigns 1/3 Dwyer's sexual behavior, but that the concerns were not investigated.\" Is this true? A: No. The chancellor did receive a letter from Boalt Hall student groups, but it made no reference to Dwyer\u2019s sexual conduct. Q: Prior to her formal complaint, did the student contact the campus about her concerns? A: Yes. She said she spoke with three members of the law faculty and met with the campus's Title officer. Her discussions with the faculty members occurred in the semester following the December 2000 incident. She did not file a complaint at that time. Later, on May 23, 2002, days before she graduated, she visited the campus's Title officer and requested information on sexual harassment policies and procedures. She declined to give her full name, but explained what had occurred in December 2000 and said it involved a dean at the university. She was told that under campus policy when someone is accused by name of sexual harassment, the Title office is obligated to launch a formal investigation. She declined at that time to name the individual. She chose not to file a complaint. At the meeting with the Title officer she expressed her concerns about retaliation if she filed a complaint. She was told that Berkeley has very strong policies against retaliation and was informed what steps to take if she believed it occurred. The woman was given in writing Berkeley's Title policy on sexual harassment and complaint resolution procedures. The eight- page policy is online or can be found by typing \"sexual harassment\" into the Berkeley home page search form. The student also was informed of the Faculty Code of Conduct and the rights of the accused under university policy. The following day, according to the Title officer, the officer telephoned her and provided more detailed information. Q: The complainant\u2019s attorney has charged that the campus tried to keep the issue quiet. Is this true? A: Under Berkeley policy, the campus attempts to reach a resolution that is agreeable to both sides, is consistent with the Faculty Code of Conduct, and that protects the privacy of all involved. Dwyer had sought a confidential resolution. That request was under discussion with the complainant's lawyer when Dwyer resigned, as word of the incident was becoming known at the law school. The campus has kept the identity of the former student confidential. Q: What further action is Berkeley taking? A: John Dwyer has chosen to resign from the university voluntarily, citing a serious error in judgment. Separation from the university is the most severe sanction that would have resulted from a finding of faculty misconduct under the Faculty Code of Conduct. Thus no further personnel action will be taken. The campus is investigating the specific procedures and actions taken related to this complaint to ensure that Title policies were followed. 2/21/25, 7:02 12.02.2002 - John Dwyer, dean of the Berkeley\u2019s School of Law, resigns 2/3 The university will review the effectiveness of its sexual harassment policies and education for students, staff, faculty and administrators. Currently, deans and department chairs each year are given information on sexual harassment policies. Further, the Title officer provides additional training on request to any member of the campus community and in a typical year will conduct 70 to 80 training sessions. All students receive sexual harassment policy information annually in \"Safety Counts,\" a handbook on campus safety and security. And at Boalt Hall, law students receive information on sexual harassment policies from the school\u2019s Dean of Students office. Related information: For the campus community guide to Berkeley's sexual harassment policies ### 2/21/25, 7:02 12.02.2002 - John Dwyer, dean of the Berkeley\u2019s School of Law, resigns 3/3", "7626_103.pdf": "John Dwyer, law-school dean, resigns 04 December 2002 | John Dwyer, who has served as dean of Boalt Hall, the campus law school, since 2000, resigned unexpectedly last week from that post as well as from the faculty. Dwyer\u2019s resignation came in the wake of an allegation of sexual harassment against him by a former Boalt Hall student. The complainant\u2019s name has not been made public, in keeping with university policy on such matters. Dwyer has acknowledged that sexual contact was involved in a single encounter between himself and the female complainant, which he characterized as consensual. The woman, in a harassment complaint sent to the university\u2019s Title office on Oct. 11, said that she did not consent, and that the incident \u2014 which she said took place in Dec. 2000 \u2014 had a negative effect on her personal and academic life. The contradictions between her account of the event and Dwyer\u2019s, as well as other aspects of the case, have been widely covered in local and national media since Dwyer\u2019s resignation was announced. Under the Faculty Code of Conduct, the most severe sanction that would have been imposed on Dwyer following an internal investigation would have been separation from the university. His resignation pre- empts any such action. Subsequent to the filing of the initial complaint against Dwyer, the complainant\u2019s attorney alleged further that the campus was not in compliance with federal and state law under Title of the federal Education Amendments of 1972, which addresses sexual harassment and complaint procedures. The campus is investigating the specific procedures and actions taken related to this complaint to ensure that Title polices were followed. Additionally, the university will review the effectiveness of its sexual- harassment policies and education for students, staff, faculty, and administrators. Chancellor Berdahl, it is expected, will appoint an interim dean shortly; that individual will administer Boalt Hall during a nationwide search for a replacement for Dwyer. For information, see Home | Search | Archive | About | Contact | More News Copyright 2002, The Regents of the University of California. Produced and maintained by the Office of Public Affairs at Berkeley. Comments? E-mail [email protected]. 2/21/25, 7:02 12.04.2002 - John Dwyer, law-school dean, resigns 1/1"} |
8,604 | Robert Anderson | University of Michigan | [
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] | {"8604_101.pdf": "Michigan Public Investigations Features from Michigan Public's award-winning investigative unit. Robert Anderson's survivors are seeking justice from the university that ignored them for decades Michigan Public | By Anna Clark Published August 25, 2020 at 11:40 \u2022 11:26 Paulette Parker / Michigan Radio The University of Michigan has received nearly 400 complaints against Dr. Robert E. Anderson. Let\u2019s begin with the people whose names we don\u2019t know. Donate Stateside Michigan Public 2/21/25, 7:03 Robert Anderson's survivors are seeking justice from the university that ignored them for decades 1/39 The hockey player on scholarship who picked the University of Michigan over other Division programs because it was his favorite and first choice. The wrestler who grew up in a large family in a blue-collar neighborhood, where a university coach sat on the couch of his parents\u2019 home and promised the team would take care of their son. The track and field athletes. The golfer. The volleyball player. Tennis. Football. There\u2019s the equipment manager who calls that part of his life a \u201cgolden time.\u201d What all these men have in common: medical exams with a respected physician that took a dark turn. That doctor was Robert E. Anderson. Since February, when the Detroit News broke the story of the first man to speak out about how Dr. Anderson abused him, hundreds have come forward. Their stories span more than three decades, beginning in the 1960s. Some women, too, are among his accusers, including a member of the first women\u2019s varsity tennis team. Anderson\u2019s reputation was so well known, he had a nickname: \u201cDr. Drop-Your-Drawers.\u201d Coaches and other university officials knew, some said, and not only did they not intervene\u2014they joked about it. It\u2019s not just students, either. Community members are among the John and Jane Does in legal filings. There are pilots who were directed to Anderson\u2019s door by the Federal Aviation Administration for mandated check-ups. Others saw him for life insurance physicals. And still others sought out Anderson in the Vietnam era because he was known for delivering evaluations that kept men out of a bloody war. Credit Bentley Historical Library Dr. Robert E. Anderson in 1967, 1973, and 1974. Anderson died 12 years ago. He was a bespectacled 80-year-old man with a square face, a receding thatch of white hair, and a shining reputation. At his funeral in Ann Stateside Michigan Public 2/21/25, 7:03 Robert Anderson's survivors are seeking justice from the university that ignored them for decades 2/39 Arbor, football coach Lloyd Carr called him \u201ca tremendous asset in this community.\u201d The doctor is not here to answer for his actions. Most\u2014but not all\u2014of the people accused of enabling him are gone too. What, then, does justice look like? At other universities where students were vulnerable to sexual predators under the guise of medical treatment\u2014Michigan State, Ohio State, and the University of Southern of California, just for starters\u2014that abuse was magnified when leaders failed to acknowledge, investigate, and correct the failures of the institution. The University of Michigan appears eager to write a different story. It doesn\u2019t dispute that Anderson was an abuser. Indeed, the chair of the board of regents said that he too was harmed by the doctor, back when he wrestled for the university. The university has apologized. Michigan also trumpeted a hotline for survivors to receive free, confidential counseling. And it hired a D.C. law firm to do an investigation that it describes as independent, promising to make the report available to the public the same day the university receives it. But many survivors and advocates say this isn\u2019t enough. The University of Michigan gave Anderson both opportunity and credibility, even after administrators and coaches became aware of his actions. Scores have filed lawsuits, though many held out space for less adversarial ways to find truth and reconciliation. \u201cFor the university to do what they have done, which is basically just to say, \u2018gee, I\u2019m sorry,\u2019 that is not enough,\u201d said Robert Julian Stone, the first to publicly share his story. When it comes to abuse, time collapses. It doesn\u2019t matter if someone\u2019s so-called exam was decades ago; the horror and helplessness last. It affects your intimate relationships, your sense of self, even your health. In Stone\u2019s case, it was the beginning Stateside Michigan Public 2/21/25, 7:03 Robert Anderson's survivors are seeking justice from the university that ignored them for decades 3/39 of an enduring aversion to doctors. Another survivor, Chuck Christian, who played football for Coach Bo Schembachler, also avoided medical care after Anderson\u2019s abuse, especially prostate checks. His terminal prostate cancer was diagnosed late. In searching for the fairest resolution of complex harms, restorative justice experts say much depends on the questions we ask. The legal system asks: \u201cWhat is the rule? Who broke it? How hard should we punish them?\u201d said Rick Shafer, who oversees a conflict resolution program at Michigan State University. Conversely, a restorative justice model asks: \u201cWhat happened? Who was affected, and how? How do we make things right?\u201d Those questions are especially pertinent when the perpetrator of decades of violence is no longer around. Sarah Klein, who was one of the first accusers of Larry Nassar and is now a lawyer representing Anderson survivors, said the conversation is no longer just about whether the accused is guilty or innocent, or how long a prison term should be. It\u2019s about how systematic sexual abuse, spanning more than a generation, happens in the first place. \u201cThe answer,\u201d said Klein, \u201cis never \u2018he did it in a vacuum and nobody ever knew about it.\u2019\u201d \u201cYou go to Dr. Anderson.\u201d Forget the cultural ferment of Ann Arbor in the late \u201860s. In those years, the scarcely controlled chaos at the University Health Service came down to bland old problems: not enough space, not enough money. In early fall of 1968 chose Dr. Robert E. Anderson to turn it around. Anderson was a physician for the football team who had also worked at the student clinic for a couple years native of L\u2019Anse, Michigan, a village in the western Upper Peninsula, Anderson had been both valedictorian and president of his high school class. He got his medical degree at the University of Michigan, and did his residency at a Flint hospital. While in private practice, he developed a program to provide free exams to high school athletes. As director, Anderson did not immediately solve the space and money woes. But he made some changes. Evening clinics started seeing more patients. Admin offices were repurposed as exam rooms, and closets repurposed as offices space in the Stateside Michigan Public 2/21/25, 7:03 Robert Anderson's survivors are seeking justice from the university that ignored them for decades 4/39 basement was remodeled as a small immunization clinic day room was set up for in- patients, where they could play cards, read, or watch a color television. In Anderson\u2019s account of his first year on the job, he made note of another change. \u201cSince the Director doubles as a physician and administrator,\u201d Anderson wrote in 1969, \u201ca former conference room was remodeled to form the administration suite connecting with the physician\u2019s office and examining room.\u201d Two years later, a student named Robert Stone walked into that room dark-haired, dark-eyed young man with a neatly trimmed goatee, Stone loved being in Ann Arbor, especially in a time of profound social change. He studied English, theatre, and speech, and at every turn, he met smart and engaged people. Coming to college had been a big change. He was the only child of two Detroit factory workers who raised him late in life. As a brainy kid with no interest in sports, he felt like a Martian at home. \u201cBy the time had finished tenth grade,\u201d Stone said had gone further in the educational system than either of my parents.\u201d To get through school, he spent his summers at the Uniroyal factory, inspecting 640 tires a day, eight hours a day, five days a week, four months a year. At school, he washed dishes in the cafeteria of the Mosher-Jordan dormitory. When one of his dorm friends decided to pledge a fraternity, Stone decided to pledge too. Stateside Michigan Public 2/21/25, 7:03 Robert Anderson's survivors are seeking justice from the university that ignored them for decades 5/39 Credit Michiganensian Archive Robert Stone's 1972 yearbook photo. His junior year, Stone dated two people, a woman and a man, and he enjoyed being with them both\u2014but that was confusing. \u201cIt was not really possible to be bisexual in our society,\u201d Stone said. Right around the time Stone ended his relationships, one of his sexual partners told him he might have been exposed to an infection. Stone didn\u2019t have symptoms, but, concerned, he called a gay friend for advice. \u201cWhat do do?\u201d Stone asked. \u201cOh, no problem,\u201d the friend said, as Stone remembered. \u201cYou go to Dr. Anderson.\u201d Stateside Michigan Public 2/21/25, 7:03 Robert Anderson's survivors are seeking justice from the university that ignored them for decades 6/39 The friend gave him the direct number to Anderson\u2019s office, saying that the physician \u201ctakes care of all the gay guys in Ann Arbor and he doesn\u2019t make any of those nasty referrals to the public health department.\u201d This was important. The American Psychological Association considered homosexuality a mental illness, and, according to the law of the state of Michigan, it was a crime. \u201cTell him sent you,\u201d the friend added. Stone took the number and called the office. He got an appointment two days later. When he arrived, Anderson called him into his consultation room\u2014a nice space facing west, with light pouring through Venetian blinds photo of Anderson with his wife and children beamed up at him. After Stone explained why he was there, Anderson steered him to the adjacent exam room. Here, as Stone remembered it, Anderson asked him: \u201cWell, first, let me, let me ask you, if you know how to identify the signs of the sexual infection.\u201d Stone was a little taken aback. He wasn\u2019t inexperienced. He knew he didn\u2019t have symptoms. And yet, the doctor began lecturing him about whether he knew how to pull back the foreskin on his penis to see if there is discharge. \u201cWell, wait, I\u2019m circumcised,\u201d Stone interrupted. \u201cSo really, that\u2019s not an issue for me.\u201d \u201cWell, let me show you,\u201d Anderson said, as Stone recalled. Despite Stone\u2019s objections that this wasn\u2019t at all necessary, Anderson unfastened his belt. \u201cLet me show you on my penis.\u201d With his pants hanging loosely below his hips, the doctor sat on the examination table and pulled back his foreskin. He asked Stone to come over for a closer look. Hesitatingly, Stone got up from his chair and stepped closer. Then Anderson laid down on the exam table, took Stone\u2019s hand, and moved it over his penis. Okay, Stone told himself, his mind racing know what this is, and know what it isn\u2019t, and it certainly is not a medical examination. ...You need to get yourself out of this situation as quickly as you can. Stateside Michigan Public 2/21/25, 7:03 Robert Anderson's survivors are seeking justice from the university that ignored them for decades 7/39 At the same time, he didn\u2019t want the doctor to get away with staging a weird faux medical demonstration without somehow acknowledging what was really going on. \u201cAnd so asked my one question,\u201d Stone said. \u201c\u2018Do you want to have an orgasm?\u2019 And he said yes.\u201d After it was over, Anderson wiped himself with a paper towel, handed Stone a paper towel, pulled his pants up, buckled his belt, and went to the sink to wash his hands. Stone ran out of the room. Robert Stone was so angry,\u201d he said was white hot angry that anyone could do that to another human being, especially someone who took an oath ... to first do no harm.\u201d As soon as he got to a phone, Stone dialed up the guy who referred him. \u201c\u2018Listen, look, this is what just happened to me.\u2019 And laid it all out.\u201d The questions poured out of him: Did this happen to you? Does this happen to every gay guy who goes to see Dr. Anderson? Is this what everyone should expect? Were you aware of this? \u201cHe didn\u2019t say a word,\u201d Stone said. \u201cAnd that\u2019s when knew. Yeah. This is what happens to everyone. And he absolutely knew.\u201d In retrospect, Stone thinks this friend was trying to do him a favor in an era when gay people didn\u2019t have the same choices, or presumptions of safety, that straight people had. \u201cWe had to put up with some things that other people didn\u2019t have to put up with,\u201d he said. Stateside Michigan Public 2/21/25, 7:03 Robert Anderson's survivors are seeking justice from the university that ignored them for decades 8/39 In fact, Stone actually went back to Dr. Anderson for three or four more appointments. (There were no more assaults.) That\u2019s because he didn\u2019t have any other place to go. His family physician back in Detroit had found out Stone was gay and not only refused to treat him, but tried to send him to a place that specialized in the discredited practice of so-called \u201cconversion therapy.\u201d In years to come, after more terrible experiences with doctors, Stone spent half a decade as a practicing Christian Scientist. He refused to see physicians at all. In this climate, reporting Dr. Anderson seemed pointless. \u201cNo gay person could ever go to anyone at the university and say this [happened] and have an effective outcome, because we would have simply been disregarded,\u201d Stone said. \u201cAnd knew that knew that at the time it happened. And so that\u2019s why didn\u2019t say anything to anyone.\u201d \u201cDr. Drop-Your-Drawers\u201d As a physician who saw young patients at an agency he directed, Anderson had both access and power. Both grew as he further embedded himself in the university. In the early \u201870s, around the time of Stone\u2019s assault, he taught medical terminology and clinical medicine in the School of Public Health. He continued working for the athletic department. The campus newspaper consulted him as an expert on student health. He and his wife donated to the Friends of the University Hospital Gift Fund. In the meantime, more and more people endured Anderson\u2019s abuse. One was a wrestler on a full-ride scholarship named Tad DeLuca. In a 10-page letter written to the university provost more than 40 years later, DeLuca said that Anderson \u201cfelt my penis, and testicles, and inserted his finger into my rectum too many times for it to have been considered diagnostic...or therapeutic...for the conditions and injuries had.\u201d This purported medical treatment included Anderson putting on a latex glove and giving him a prostate exam was 17 years old, and didn\u2019t know what to make of it,\u201d DeLuca wrote. Prostate screenings are only recommended in men over fifty, or 45 if they are at high risk of developing cancer. Stateside Michigan Public 2/21/25, 7:03 Robert Anderson's survivors are seeking justice from the university that ignored them for decades 9/39 Credit Courtesy Of Parker Stinar Tad DeLuca was 17 when the abuse by Anderson began. It happened again at age 19, when DeLuca visited the doctor as a junior with a dislocated elbow. Anderson checked the elbow but also \u201ccontinued with his penis, hernia and prostate checks.\u201d At the time, DeLuca didn\u2019t register how unusual this was. Many people Anderson abused were scarcely old enough to have graduated from their childhood pediatrician. These were among their first medical appointments without their parents present. They may have felt disturbed and uncomfortable, but they didn\u2019t necessarily understand how to distinguish it from ordinary grown-up medical care. DeLuca began hearing from other athletes about how \u201cDr. Drop-Your-Drawers\u201d had a habit of this kind of touching. It shocked him. Even though his elbow still hurt\u2014it sometimes came out of place while he was sleeping\u2014he avoided Anderson. This prompted DeLuca, who wrestled on one of the Top 20 teams in the country, to compete with heightened caution, trying to avoid the use of his left arm. This in turn led to his teammates and coaches thinking he was slacking off. Over the summer, Coach Bill Johannesen came down hard in a letter that accused him of wasting the year\u2014and he sent a copy to DeLuca\u2019s beloved high school wrestling coach, too was very, very ashamed and embarrassed,\u201d DeLuca later wrote. Stateside Michigan Public 2/21/25, 7:03 Robert Anderson's survivors are seeking justice from the university that ignored them for decades 10/39 He was 20 then, and filled with emotions he couldn\u2019t process, DeLuca shot back with an angry letter to his coach that, he said, described Anderson\u2019s abuse. \u201cSomething is wrong with Dr. Anderson,\u201d he wrote at the time. \u201cRegardless of what you go in there for, he always makes you drop your drawers.\u201d As he later put it left out very little.\u201d The coach kicked DeLuca off the team. \"You generalize by describing the entirety of Michigan athletes as drunks, pot smokers, drug users, and rapists,\" wrote Coach Johannesen in yet another letter wonder, Mr. DeLuca, how such a moral, upstanding young man such as yourself could have allowed yourself to remain in a totally immoral situation.\u201d \u201cYou will not be known as an athlete,\" the coach added. Parker Stinar Parker Stinar, DeLuca\u2019s lawyer, said this reveals the stakes for young athletes. \u201cSome of them are the first in their family to go to college,\u201d Stinar said. \u201cSome of them are on scholarship and couldn\u2019t financially afford otherwise to go to college. \u2026 When you\u2019re competing against three other teammates for the same spot or the same scholarship, do you want to be the one that rocks the boat? And sadly, these abusers know that and they take advantage of it.\u201d Coach Johannesen saw DeLuca as such a negative influence, he allegedly tried to get the lease broken for the apartment that DeLuca shared with two fellow wrestlers. He also bad-mouthed him at practices, mockingly reading portions of his fateful letter. Athletic Director Don Canham sent another tough letter to DeLuca, dated July 24, 1975: \u201c...based upon your letter to Bill Johannesen and your decision to no longer want to be an athlete, your financial aid from the University of Michigan will not be in effect for the Stateside Michigan Public 2/21/25, 7:03 Robert Anderson's survivors are seeking justice from the university that ignored them for decades 11/39 1975-1976 school year.\u201d Canham cc\u2019d the Big Ten Conference, a university law professor, and a financial aid official. Johannesen, who coached at Michigan until 1978, has said that it wasn\u2019t like this at all. \u201cThis never, ever happened,\u201d he told the Detroit News. He did remember the jokes about Anderson\u2014about how whatever you went there for, be it a sore elbow or a sore throat, he would tell you to take your pants off. But he said he only heard it once, and that when he himself visited Anderson\u2019s exam room as a Michigan wrestler, nothing untoward happened. Credit Bentley Historical Library of wrestling coach Bill Johannesen in 1977. To an reporter, Johannesen added that if someone had reported Anderson\u2019s abuse to him would\u2019ve responded to that immediately because I\u2019m their father. When I\u2019m the Stateside Michigan Public 2/21/25, 7:03 Robert Anderson's survivors are seeking justice from the university that ignored them for decades 12/39 coach for them, I\u2019m their father away from home. If they would have come to me and said that would have pursued it.\u201d After hiring a lawyer and appealing to the Board of Intercollegiate Athletics, DeLuca was reinstated on the team. The board, he noted, also had a copy of the letter that made allegations against Anderson. But nothing was done about the doctor. And DeLuca, feeling humiliated and shamed, decided not to wrestle his senior season after all. He was allowed to keep his scholarship. After graduation, he left Ann Arbor and became a middle school teacher in Northern Michigan. It wasn\u2019t until decades later, after hearing a public radio story about the gymnasts at Michigan State University speaking out about abuse from sports doctor Larry Nassar, that DeLuca decided to come forward all over again. \u201cI\u2019m here,\u201d DeLuca said at a press conference in February, \u201cto let the University of Michigan know that will not be ignored again. Everybody who was abused by this doctor\u2014the doctor everyone knew was doing this, was abusing athletes and students\u2014 should speak up and let everyone know that they will not be ignored. It just, it has to stop. Period.\u201d Not quite gone for good In the annual report to the board of regents, a top student services official made note of Anderson\u2019s \u201cresignation\u201d as director, citing his intention to \u201creturn to the staff as a senior physician and to pursue private practice.\u201d \u201cHe is also continuing as Director Athletic Medicine at the Health Service and as physician to the of athletic teams,\u201d the official wrote. \u201cWe are extremely grateful for the high quality administrative and medical leadership Dr. Anderson has provided during his 12 years in Health Service and we are pleased that he plans to remain on staff.\u201d Stateside Michigan Public 2/21/25, 7:03 Robert Anderson's survivors are seeking justice from the university that ignored them for decades 13/39 Credit President's Report To Board Of Regents, 1979 special acknowledgement honoring Anderson was included in an annual report to the university regents. These glowing words came despite Anderson\u2019s history of mistreating patients\u2014not only those who suffered quietly, but also those who reported abuse. Back in the late 1960s, right around the time Anderson was promoted to lead UHS, a man named Gary Bailey said he filed a written complaint. Now in his 70s, the retired librarian told a Detroit News reporter he was an English student at Michigan when he flagged Dr. Anderson\u2019s \u201cinappropriate\u201d conduct. But no one from or any other university department followed up. There was also a scholarship track athlete who said he was groped and digitally penetrated by Anderson during at least 25 appointments. In 1976, the runner told both his coach and assistant coach about the groping, according to the anonymous lawsuit filed by the athlete, but he was too embarrassed to speak of penetration. The coaches laughed at him for describing the doctor\u2019s conduct as \u201codd\u201d or \u201cweird,\u201d the runner said, and refused to send him to a different doctor to see about an injury. Another time, after a graduate student experienced an invasive exam in 1979, he said he complained loudly to a desk clerk and an administrator. He was escorted out by security. And yet, Anderson not only continued seeing patients, but he was presented as an expert on sexual health. Some of his initiatives, however, are discomfiting in light of Stateside Michigan Public 2/21/25, 7:03 Robert Anderson's survivors are seeking justice from the university that ignored them for decades 14/39 what we know now. Credit The Michigan Daily Archive Left 1971 ad in The Michigan Daily promoting Anderson's Sex and Marriage class. Right 1975 story in the Daily highlights a semen donation program run by UHS. He led a \u201cSex and Marriage\u201d discussion at a chapel, for example. The same year that DeLuca visited Anderson began paying men $15 to donate sperm for fertility treatments. Students who had a low count would, according to the campus newspaper, \u201cundergo further tests.\u201d \u201cWe, quite simply, are looking for good quality sperm,\u201d Anderson matter-of-factly told a student reporter. So why was Anderson leaving the job now? The matter is in some dispute, and, when it comes to the University of Michigan\u2019s need to account for its own failures, a lot is riding on it. Thomas Easthope is the man who fired Anderson\u2014or let him resign; decades later, he wasn\u2019t certain. He was in his late 80s when a campus police detective asked him about it as part of the investigation started by the university in 2018, after Tad DeLuca sent the letter about what happened to him. Easthope said he was nervous to confront Anderson because the doctor was something of a \u201cbig shot.\u201d Stateside Michigan Public 2/21/25, 7:03 Robert Anderson's survivors are seeking justice from the university that ignored them for decades 15/39 Anderson didn\u2019t deny the allegations, Easthope said, and afterward, he thought he was \u201cgone, gone for good.\u201d When told that in fact the doctor had continued to work at the university until 2003, and saw another generation of patients over the next 23 years, Easthope was, according to the detective\u2019s report, \u201cvisually shaken.\u201d The doctor was not fired letter dated August 13, 1979, shows that Anderson was to be demoted to clinical instructor and his salary reduced. He also moved to full-time work with the athletic department longtime university trainer, who called Anderson an \u201cunbelievable team doctor,\u201d told the campus police detective that this athletic department gig was arranged by Don Canham, the formidable athletic director. And in a lawsuit filed this summer, an honors student who volunteered for programs said he told Easthope that Anderson assaulted him. Easthope listened, investigated, and reported back that Anderson had apologized. He later told the student that while his first thought was to fire Anderson, \u201che has a family and kids \u2026 if Anderson was fired, then both he and his family would suffer financially.\u201d According to the lawsuit, Easthope proposed removing Anderson from his medical duties and installing him in an administrative position where he\u2019d no longer interact with students. With mixed feelings, the student agreed. While the abuse was \u201cloathsome and repulsive,\u201d he said, he felt empathy for Anderson, seeing him as \u201cpossibly gay himself, but so damaged that he could violate his oath as a physician.\u201d Easthope and the student shook on it. Michigan\u2019s code of silence In 1988, full of nerves and excitement, Jon Vaughn moved into 3117 Hunt House in South Quad. He was stepping into a whole new caliber of school and sports. \u201cIt was big time, blue blood college football, playing for one of the most known and legendary coaches in college football history,\u201d Vaughn said. Stateside Michigan Public 2/21/25, 7:03 Robert Anderson's survivors are seeking justice from the university that ignored them for decades 16/39 Credit Courtesy Photo Jon Vaughn helped the Michigan Wolverines win back-to-back Big Ten Conference Championships. He was at Michigan after being recruited by big schools like Notre Dame, Oklahoma, and UCLA. Stateside Michigan Public 2/21/25, 7:03 Robert Anderson's survivors are seeking justice from the university that ignored them for decades 17/39 chose to go to Michigan when met Michigan Men, and met Bo Schembechler and loved Les Miles\u201d [then an assistant coach]. It wasn\u2019t just about football grew up in a very abusive home,\u201d Vaughn said. \u201cMy father was very abusive and oppressive, and these were the first men that had come into my life that were\u2014at least thought at the time, you\u2019re a little naive at 18, right\u2014that they cared about you. More than just what you could do athletically.\u201d Coaches like Schembachler and Miles were father figures when he needed it most. Those early days were intense. Freshman training camp had him going from breakfast to practice to meetings to lunch to second practice to dinner to more meetings. It also required an exam with Dr. Anderson. Vaughn remembers the doctor sitting on a swinging stool. Beyond the usual checkup, he said that Anderson abused him in ways that have, at this point, become all too familiar. \u201cAt the time, you didn\u2019t know,\u201d Vaughn said. He grew up in Missouri as the son of a teacher and janitor, visiting doctors only as much as necessary to play sports. \u201cIt was like, \u2018Okay, he\u2019s just doing a thorough exam. This is college football. This is the next level of physicals so that you could play.\u201d Vaughn endured Anderson\u2019s abuse again and again and again in the years he played for Michigan\u2019s back-to-back Big 10 championship football teams. That included when he just needed treatment for strep throat or food poisoning would say that don\u2019t ever remember him putting on gloves, and the genital, penis, rectal exams began to be longer and longer,\u201d he said. Stateside Michigan Public 2/21/25, 7:03 Robert Anderson's survivors are seeking justice from the university that ignored them for decades 18/39 Credit Courtesy Photo Jon Vaughn went on to play four years in the NFL. He's now 50 years old. It was only in the spring of this year that Vaughn, now 50 years old, realized what really happened. It ignited nightmares that amount to flashbacks. He can smell the exam room. He can hear Anderson\u2019s hot breath. But it\u2019s not only the 10 or 12 abusive exams he experienced. He's also devastated to understand that he was required to repeatedly see a doctor who had been flagged years before he arrived on campus. Beginning in 1980, in his new role at the athletic department, Anderson abused young people in much the same way he had at the University Health Service. But it was newly systematic. On Anderson\u2019s recommendation, mandatory physicals for athletes became standard policy. He quashed a proposal to allow athletes more freedom in choosing their doctors, and he led the early wave of drug testing protocols for athletes. Stateside Michigan Public 2/21/25, 7:03 Robert Anderson's survivors are seeking justice from the university that ignored them for decades 19/39 Compared to the general campus population, Anderson now had before him a group of students who were especially vulnerable. Many were on scholarship and navigating team mandates, like Tad DeLuca. They were also disproportionately Black and first- generation students. Even as the new millennium approached and Anderson aged into his 70s, the stories of his assaults went on and on. \u201cIn college was a 6\u20194\u201d 250 pound Black man,\u201d said Airron Richardson at a press conference in August. He co-captained Michigan\u2019s wrestling team in the 1990s and is now a physician himself. \u201cAnd outwardly, no one would suspect was a victim.\u201d Emboldened by the prestige of Michigan sports and the big block \u2018M,\u2019 the doctor was also protected by a particular code of silence. \u201cShowing pain was weakness at Michigan,\u201d said Vaughn. \u201cYou didn\u2019t scream in the weight room. You learn to internalize and get the most out of yourself.\u201d \u201cCulturally,\u201d he added, \u201cin the African American community, rape, molestation by men is not discussed. It\u2019s very taboo.\u201d Even those who did report Anderson\u2019s behavior were brushed off broadcaster for Michigan football in the early 1980s said he repeatedly alerted athletic director Don Canham\u2014\u201cthe God, the almighty of the athletics department\u201d\u2014about abuse he experienced. \u201cNow of course, when went to Canham at the time had no idea that [DeLuca] had come forward so long before did \u2026 and he had just been sitting on it all these years. And of course Canham sat on it after went to him three different times.\u201d Two other star football players, both anonymous in court filings, said Paul W. Schmidt, the university\u2019s current assistant athletic director, and a trainer known as Murph were among those who knew about the abuse, but didn\u2019t take it seriously definitely remember Schmidty laughin\u2019 and cacklin\u2019 about it,\u201d one said in an account collected by his legal team. Read more: Anderson victim says he told Bo Schembechler of abuse in the 80s Stateside Michigan Public 2/21/25, 7:03 Robert Anderson's survivors are seeking justice from the university that ignored them for decades 20/39 From Michigan State to Penn State to Gymnastics and beyond, Amos Guiora made a study of the culture of complicity in his forthcoming book Armies of Enablers. According to the University of Utah law professor, it\u2019s difficult for society to pay as much attention to enablers as perpetrators. \u201cIt makes us uncomfortable as hell,\u201d he said, \u201cpartly because we are forced to ask ourselves, \u2018What would do?\u201d As Guiora describes it, \u201cthe clear decision by the enabler, making a rational decision, from their perspective, to abandon \u2026 the survivor in order to protect the institution\u201d is what makes long-term perpetrators possible. The nature of institutions Anderson finally retired from the university in 1998, almost 20 years after he moved from to the athletic department. But even then, he wasn\u2019t really gone. Anderson continued to write prescriptions and give consultations out of his home, according to The Michigan Daily, often at no charge, until at least 2004. Anderson died at home on Thanksgiving Day in 2008. He left behind three adult children, two grandchildren, many nieces and nephews, and his wife of 56 years. At his funeral, which was front-page news in the Daily, Anderson was described as a throwback to an old-time family doctor. Generous, dedicated, part of a dying breed. The kind who wouldn\u2019t hustle you out the door. Football coach Lloyd Carr remembered jokes about how \u201cDoc A\u201d was the poorest physician in town\u2014he worked for lower pay at the University of Michigan\u2019s athletic department than what he could make elsewhere. Years later, the university is accounting for Anderson\u2019s legacy in a wholly different way. It has signalled that it would take a survivor-centered approach in its response to the years of systemic abuse housed at its institution. But while it has borrowed some of the approach and language of restorative justice, the university has made many choices that, survivors and advocates say, look terribly familiar. Take, for example, the way Anderson\u2019s abuse became public. DeLuca sent his letter to the athletic director in the summer of 2018, and the first passed it on to the university\u2019s lawyer, rather than the Title office, as required by law. Campus police then investigated the allegations, and passed the file onto the prosecutor\u2019s office. There, the Stateside Michigan Public 2/21/25, 7:03 Robert Anderson's survivors are seeking justice from the university that ignored them for decades 21/39 case was closed, given Anderson\u2019s death and expired statutes of limitations on acts by other individuals who might be culpable. All this happened quietly. When Robert Stone reached out to the university last year, hoping to get more information about his case, the university wasn\u2019t forthcoming, he said. So Stone drew from his years as a journalist. He called the managing editor of the Detroit News. The paper sent a top reporter to Palm Springs, California, to interview Stone in his home, and on February 19 of this year, the News broke the story. Only then, about 18 months after receiving DeLuca\u2019s letter and more than a year after campus police investigated it, did the university publicly acknowledge the case. Within days, President Mark Schlissel apologized to survivors. The university issued a press release encouraging people to come forward with allegations, and arranged the hotline for survivors. It also launched yet another investigation into Anderson. But this is another point of contention for survivors and advocates. When the university reached out to alumni\u2014 first through 7,000 letters to former athletes; then 300,000 letters to just about everyone who walked through campus\u2014the university encouraged people to share allegations with WilmerHale, the D.C-based law firm it hired to write an in-depth report about what happened. The report is expected to be released in October. (It\u2019s worth noting that at the same time it\u2019s dealing with the Anderson allegations, the university is also reckoning with high-profile misconduct claims against an opera professor and a former provost.) The university could have done this differently. It could have turned the investigation over to Michigan Attorney General Dana Nessel. The university could have suspended attorney/client privilege for a transparent investigation led by a public body rather than a law firm paid by the university. \u201cSelf-investigations, we learned in Michigan State and in some of these other institutions, is \u2026 exactly the wrong thing to do, period,\u201d said Sarah Klein, the Nassar survivor who now represents Anderson survivors. \u201cYou waive privilege and you turn it over to the attorney general\u2019s office, and you do that knowing that it may be ugly, and that there will be folks whose reputations will suffer and who did the wrong thing and who will be held accountable. But you value the truth more than you value the brand.\u201d Stateside Michigan Public 2/21/25, 7:03 Robert Anderson's survivors are seeking justice from the university that ignored them for decades 22/39 The university says it believes that WilmerHale is, as spokesperson Rick Fitzgerald put it, \u201cin the best position to conduct a timely and thorough investigation in ways that are designed to preserve the confidentiality of witnesses. \u201cThe Board of Regents has been clear that WilmerHale has full access to any university documents it needs to conduct its investigation,\u201d he added. \u201cThe board also has committed to a full public report at the conclusion of the investigation.\u201d As the case against the university heads toward court mediation, a federal judge has ordered the university to alert alumni that they could be plaintiffs. Advocates for the survivors have criticized other elements of the university\u2019s response, too. Cloaked behind the language of restorative justice, they say, it amounts to a strategy of reputation polishing. Jon Vaughn The survivor hotline, for example, is hosted by a service called Praesidium, run by a company that was favored by the Catholic Church as waves of sexual abuse accusations came forth, said attorney John Manly. Its purpose, he believes, is to steer survivors away from legal representation and keep them as quiet as possible. To that, university spokesperson Rick Fitzgerald, said that \u201cPraesidium connects people with counseling resources in their local communities. That is the company's role in this matter.\u201d Also, the law firm initially hired by the university previously represented financier Jeffrey Epstein and director Roman Polanski. Both are widely acknowledged to have been sexual abusers. After a backlash, the university shifted to another firm. For Jon Vaughn, the response seems antagonistic can tell you what it feels like is, your love of Michigan should be greater than your love for yourself,\u201d he said. Stateside Michigan Public 2/21/25, 7:03 Robert Anderson's survivors are seeking justice from the university that ignored them for decades 23/39 think it\u2019s in the nature of institutions,\u201d said Robert Stone, \u201cwhether they are political administrations or university administrations, to circle the wagons and protect the people inside the organization.\u201d That\u2019s especially painful because, as many survivors emphasize, they love the University of Michigan. They are proud of it: Leaders and best. It feels like family. They love the traditions and songs, and its historic presence in virtually every field of culture, art, and science. They chose this school, and, especially for the scholarship athletes, it felt like this school chose them back bleed blue,\u201d Vaughn said. For his entire adult life, he\u2019s carried a Michigan lanyard keychain. Attorney John Manly points out that the university is only liable for Anderson\u2019s actions if it knew or should have known that he was assaulting patients. \u201cIt was very simple for them to avoid this, which is basically to say, \u2018You\u2019re done,\u201d he said. \u201cBut instead of doing that, we have to generate a generational coverup.\u201d \u201cThat\u2019s not the way you treat your family,\u201d he added. \u201cThat\u2019s the way you treat someone who\u2019s a cog in the wheel.\u201d As more stories become public, as more lawsuits are filed, as the case winds its way to a mediation that is expected this fall, perhaps the most important conversations are happening outside the spotlight. \u201cMe too.\u201d Vaughn is getting those messages from others all the time now. It breaks his heart, because he knows it\u2019s all some people can get out right now. \u201cIt will take the rest of my days to heal from this, you know, and it will take the rest of my days to be there for my teammates and the rest of the survivors to heal from this,\u201d he said. John EB17 Doe, the football broadcaster, said he told Don Canham three times about the abuse, but he never told his wife of over 30 years until six months ago, even though she\u2019s a survivor herself didn\u2019t want to burden her or hurt her,\u201d he said. Robert Stone is also hearing from folks who had never told their stories to anyone before. Not one single soul. \u201cAnd can tell you,\u201d he said \u201cfrom listening to those who reached out to me that lives were ruined, that there are people who have never been able to have a lasting and rewarding sexual and emotional relationship with another human being, and their Stateside Michigan Public 2/21/25, 7:03 Robert Anderson's survivors are seeking justice from the university that ignored them for decades 24/39 inability to do that is directly attributable to what happened to them in Dr. Anderson\u2019s exam rooms.\u201d To the restorative justice question of \u2018how do we make this right?,\u2019 survivors and advocates have lots of ideas. Tad DeLuca\u2019s attorney, Parker Stinar, said safeguards need to be put in place \u201cthat prevent this from happening over and over and over and over.\u201d \u201cThe thing that most commonly hear is don't want my son or grandchild to experience this, or their daughter,\u201d Stinar said. One idea is to create a new institute at the university dedicated to investigating and interrupting systemic sexual violence, supported by real money. They also want policies to have a chaperone in exam rooms at all times, and to have students treated by same- gender physicians\u2014which, despite Anderson\u2019s focus on men, is considered a measure to reduce risk. Therapy and other support services should be provided to survivors through the skilled practitioners at the university. Student orientations should have programs that speak directly to what is and isn\u2019t appropriate medical treatment. And, yes, they would like cash settlements, too. \u201cIn my opinion,\u201d said Stinar, \u201cthis should be a billion-dollar-plus resolution.\u201d To put that in context, the Michigan State settlement for 332 victims of Larry Nassar was $500 million. While the exact number of people who have come forward with allegations against Anderson is unclear, WilmerHale is investigating 394 unique complaints as of July 23, according to the university. There\u2019s another idea, too, one John Manly heard from a client. It\u2019s stuck with him. He and others noticed that at Michigan State, at USC, at every campus that has faced a crisis like this, institutions don\u2019t encourage survivors to speak out publicly, let alone honor them for doing so, even though their coming forward is what protects so many others in the community from terrible harm. They put themselves on the line to save others. \u201cYou know,\u201d Manly said, \u201cI\u2019d like to see a day where at halftime, where the stadium is completely full and the team is about to come out and beat Notre Dame, all these men Stateside Michigan Public 2/21/25, 7:03 Robert Anderson's survivors are seeking justice from the university that ignored them for decades 25/39 stand on the field. And the whole stadium applauds them and gives them the recognition they deserve.\u201d \u201cCan you imagine if that happened? And when that team ran out of the tunnel, the relief these men would feel that they\u2019re part of the family?\u201d Editor's note: The University of Michigan holds Michigan Radio's license. If you or someone you know has experienced sexual assault or abuse, here are some resources that can help: National Sexual Assault Hotline: 800.656 (4673) RAINN\u2019s confidential chat, or \u201conline hotline\u201d The National Association for Adult Survivors of Child Abuse, which hosts recovery meetings on Zoom three days a week The National Suicide Prevention Lifeline: 1-800-273 (8255) The Michigan Coalition to End Domestic and Sexual Violence\u2019s hotline chat Want to support reporting like this? Consider making a gift to Michigan Radio today. Stateside Michigan Public 2/21/25, 7:03 Robert Anderson's survivors are seeking justice from the university that ignored them for decades 26/39 Tags Social Justice University of Michigan Bo Schembechler Instagram Dr. Robert E. Anderson Dr. Robert Anderson Stateside Michigan Public 2/21/25, 7:03 Robert Anderson's survivors are seeking justice from the university that ignored them for decades 27/39 Support for Michigan Public comes from Stateside Michigan Public 2/21/25, 7:03 Robert Anderson's survivors are seeking justice from the university that ignored them for decades 28/39 Latest Stories Advocacy group: Corrections Dept. should stop using body cams during strip searches in women's prison Whitmer signs new minimum wage, banked leave policies Biggest water rate hikes in a decade loom for Metro Detroit residents Bipartisan bills pass in Lansing. Is dealmaking back at the state Capitol? In \"Forever in the Path,\" Pero Dagbovie traces history of Black life at Michigan State University Congressmen urge three universities to end Chinese research partnerships Stateside Michigan Public 2/21/25, 7:03 Robert Anderson's survivors are seeking justice from the university that ignored them for decades 29/39 Related Content News Stateside Michigan Public 2/21/25, 7:03 Robert Anderson's survivors are seeking justice from the university that ignored them for decades 30/39 Anderson victim says he told Bo Schembechler of abuse in the 80's Kate Wells, July 30, 2020 Bo Schembechler, one of the most famous and beloved coaches in college football history, was told of Dr. Robert Anderson\u2019s sexual abuse of students in\u2026 News Judge of must alert 300,000 alums they could be plaintiffs in Anderson suits Kate Wells, August 7, 2020 federal judge says the University of Michigan must alert the roughly 300,000 alumni it previously asked for information about a former sports doctor\u2026 Stateside Michigan Public 2/21/25, 7:03 Robert Anderson's survivors are seeking justice from the university that ignored them for decades 31/39 News Super Bowl champ Dwight Hicks comes forward as Anderson abuse victim Kate Wells, August 12, 2020 With plaintiff attorneys calling this perhaps the \u201cmost appalling sexual assault against a group of African-Americans in this country's history,\u201d two\u2026 Stateside Michigan Public 2/21/25, 7:03 Robert Anderson's survivors are seeking justice from the university that ignored them for decades 32/39 Stay Connected \u00a9 2025 Contact Us Work with Us Public Documents Education Ten former student athletes sue of over Anderson abuse allegations Caroline Llanes, August 17, 2020 Ten former student athletes are suing the University of Michigan for damages related to abuse by the late Dr. Robert Anderson.One named plaintiff, Mike\u2026 Stateside Michigan Public 2/21/25, 7:03 Robert Anderson's survivors are seeking justice from the university that ignored them for decades 33/39 Michigan Public Hourly News Contest Rules Privacy & Terms of Use Applications Stateside Michigan Public 2/21/25, 7:03 Robert Anderson's survivors are seeking justice from the university that ignored them for decades 34/39 2/21/25, 7:03 Robert Anderson's survivors are seeking justice from the university that ignored them for decades 35/39 2/21/25, 7:03 Robert Anderson's survivors are seeking justice from the university that ignored them for decades 36/39 2/21/25, 7:03 Robert Anderson's survivors are seeking justice from the university that ignored them for decades 37/39 2/21/25, 7:03 Robert Anderson's survivors are seeking justice from the university that ignored them for decades 38/39 2/21/25, 7:03 Robert Anderson's survivors are seeking justice from the university that ignored them for decades 39/39", "8604_102.pdf": "president apologizes to \"anyone harmed\" by late doctor Michigan Public | By The Associated Press, Caroline Llanes Published February 20, 2020 at 7:42 Steve Carmody / Michigan Radio The president of the University of Michigan apologized to \"anyone who was harmed\" by a late doctor after several former students said he molested them during medical exams at the school President Mark Schlissel made the remarks at a meeting of the university's Board of Trustees on Thursday. Update: 7:42 p.m. University of Michigan president Mark Schlissel addressed the allegations and the investigation into the late Dr. Anderson. \"Our police investigation found indications that of staff members were aware of rumors and allegations of misconduct during Dr. Anderson's medical exams. To those Donate Stateside Michigan Public 2/21/25, 7:03 president apologizes to \"anyone harmed\" by late doctor 1/10 who reported Dr. Anderson, and to anyone who's come forward to report sexual misconduct in any case express my sincere gratitude for your courage.\" Schlissel also mentioned Provost Martin Philbert, who was placed on administrative leave last month after allegations of sexual misconduct. He said the University has hired an outside law firm \"with specific expertise in this type of work\" to investigate the allegations. \"We want to know all the facts, and it's critical that we ensure a thorough, fair, and independent investigation that provides Dr. Philbert with due process. This will take some time. Because this investigation is so critical, and we must ensure that the outside, independent firm is able to conduct their investigation in a thorough, reliable, and fair way will not be able to share any details while the investigation is underway, even though know there is wide interest in the case.\" He advised anyone who knows of misconduct occurring at to report it to university police, the Office of Institutional Equity, or a confidential resource like U-M's Sexual Assault Prevention and Awareness Center. Original post: 6:04 p.m. The Detroit News broke the story earlier this week about former patients alleging Dr. Robert E. Anderson sexually abused them during exams. The university says it has received more than 20 calls to a hotline since it announced an investigation into Anderson on Wednesday. Anderson once served as the director of the University Health Service and physician for the football team. One man alleges that Anderson molested him during a medical exam in 1968 or 1969. The Detroit News also talked to Gary Bailey, who says he filed an official complaint with the university at the time but never heard back. Andy Hrovat, an Olymplic wrestler, made similiar allegations public in published reports yesterday. Police started an investigation in July 2018 after a former student athlete alleged abuse by Anderson in the 1970s. Anderson died in 2008. \"We have no greater responsibility than to advance the highest standards of conduct and to uphold the trust of the public and the members of our community who choose to study, work or seek care at the University of Michigan,\" Schlissel said in his remarks. \"To Stateside Michigan Public 2/21/25, 7:03 president apologizes to \"anyone harmed\" by late doctor 2/10 anyone who comes forward with information about any sexual misconduct at personally commit that you will be taken seriously and protected from retaliation, and that accusations will be thoroughly investigated.\" Want to support reporting like this? Consider making a gift to Michigan Radio today. Stateside Michigan Public 2/21/25, 7:03 president apologizes to \"anyone harmed\" by late doctor 3/10 Tags Education University of Michigan Mark Schlissel The Associated Press The Associated Press is an independent global news organization dedicated to factual reporting. See stories by The Associated Press Caroline Llanes Caroline is a third year history major at the University of Michigan. She also works at The Michigan Daily, where she has been a copy editor and an opinion columnist. When she\u2019s not at work, you can find her down at Argo Pond as a coxswain for the Michigan men\u2019s rowing team. Caroline loves swimming, going for walks, being outdoors, cooking, trivia, and spending time with her two-year-old cat, Pepper. See stories by Caroline Llanes Stateside Michigan Public 2/21/25, 7:03 president apologizes to \"anyone harmed\" by late doctor 4/10 Support for Michigan Public comes from Stateside Michigan Public 2/21/25, 7:03 president apologizes to \"anyone harmed\" by late doctor 5/10 Latest Stories Advocacy group: Corrections Dept. should stop using body cams during strip searches in women's prison Whitmer signs new minimum wage, banked leave policies Biggest water rate hikes in a decade loom for Metro Detroit residents Bipartisan bills pass in Lansing. Is dealmaking back at the state Capitol? In \"Forever in the Path,\" Pero Dagbovie traces history of Black life at Michigan State University Congressmen urge three universities to end Chinese research partnerships Stateside Michigan Public 2/21/25, 7:03 president apologizes to \"anyone harmed\" by late doctor 6/10 Related Content Education provost placed on administrative leave following allegations of sexual misconduct Stateside Michigan Public 2/21/25, 7:03 president apologizes to \"anyone harmed\" by late doctor 7/10 Stay Connected \u00a9 2025 Contact Us Tracy Samilton, January 22, 2020 The University of Michigan has put its provost, Martin Philbert, on administrative leave, following several accusations of sexual misconduct. The provost\u2026 News Late of physician under investigation for accusations of sexual misconduct The Associated Press, February 20, 2020 Updated Feb. 20, 2020 at 4:53 p.m sixth person is accusing a late University of Michigan physician of sexual abuse. The university says it has received\u2026 Stateside Michigan Public 2/21/25, 7:03 president apologizes to \"anyone harmed\" by late doctor 8/10 Work with Us Public Documents Michigan Public Hourly News Contest Rules Privacy & Terms of Use Applications Stateside Michigan Public 2/21/25, 7:03 president apologizes to \"anyone harmed\" by late doctor 9/10 2/21/25, 7:03 president apologizes to \"anyone harmed\" by late doctor 10/10", "8604_103.pdf": "Horrific Details Of Sexual Abuse at Michigan Largely Ignored Amid Debates Over Legacies The disturbing 240-page report detailing the widespread abuse by a former University doctor has been overshadowed by debates over Bo Schembechler's legacy. Christopher Breiler | Jul 12, 2021 2/21/25, 7:04 Bo Schembechler: Horrific Sexual Abuse Details Largely Ignored Amid Debates Over Legacies - Sports Illustrated Michigan Wolveri\u2026 1/15 It's been a little over two months since University of Michigan Regents released a report by the WilmerHale law firm. The report came on the heels of a year-long investigation into Robert Anderson, a former doctor at the University of Michigan. The investigation culminated in a 240- page report detailing disturbing abuse and misconduct by Dr. Anderson from 1966 to 2003. Within that 240-page accounting was the name of a man known by virtually everyone within the college football community - former legendary head coach Bo Schembechler. According to the report, multiple individuals, including members of his football team, claim to have approached Schembechler about Dr. 2/21/25, 7:04 Bo Schembechler: Horrific Sexual Abuse Details Largely Ignored Amid Debates Over Legacies - Sports Illustrated Michigan Wolveri\u2026 2/15 Anderson's misconduct. One of those individuals is former University of Michigan student Richard Goldman, who claims to have told Schembechler about Anderson's abuse on three separate occasions. Goldman also claims he overheard an argument between Schembechler and Athletic Director Don Canham over complaints about Dr. Anderson's misconduct. \u201cNow could hear Bo clearly and what he was saying,\" said Goldman. He was telling Canham, \u2018What in the hell are you doing? Why hasn't this man been fired? This is the third time that this has happened. Why have you done nothing?\u2019\" Schembechler's inclusion in the report immediately grabbed the attention of everyone who was following this story, so much so that the entire story became about Schembechler himself. It was about what he knew, when he knew, his statue, the building in his name - it was about his legacy. For weeks, the Michigan media, fans and alumni battled over Schembechler's role within this tragedy and how it should impact his legacy, all but completely ignoring the survivors and what they experienced during their time at the University of Michigan. What little attention the survivors did receive from the Michigan community came mostly in the form of ridicule, including one prominent member - and current employee of the University of Michigan - openly disparaging the victims during a series of radio interviews. Additionally, more than 100 former members of Schembechler's football program, including Jack Harbaugh, added their signatures to an open letter defending the former head coach. 2/21/25, 7:04 Bo Schembechler: Horrific Sexual Abuse Details Largely Ignored Amid Debates Over Legacies - Sports Illustrated Michigan Wolveri\u2026 3/15 While the debate over Schembechler's legacy raged on, the most important part of the report was quickly brushed aside and forgotten. The WilmerHale report is far more than just one name on one page. In its entirety, the report is a disturbing account of a massive institutional failure that occurred over the course of nearly four decades. It's an institutional failure that led to the repeated sexual assault of thousands of University of Michigan students and student athletes. There's absolutely no doubt that what these students and student athletes endured is tragic, but perhaps equally as tragic is the fact that most of the abuse was preventable. Though the WilmerHale report came far short of exposing the full- extent of Dr. Anderson's misconduct, there was more than enough evidence to determine that what occurred at the University of Michigan from 1966-2003 is the largest sexual abuse scandal in the history of college athletics. 2/21/25, 7:04 Bo Schembechler: Horrific Sexual Abuse Details Largely Ignored Amid Debates Over Legacies - Sports Illustrated Michigan Wolveri\u2026 4/15 Here is just a handful of important excerpts from the WilmerHale report. Improper Examinations \"We have no doubt based on the evidence available to us, including the first-hand accounts of his patients, that Dr. Anderson engaged in a pervasive, decades-long, destructive pattern of sexual misconduct.\" \"Each of the medical experts we consulted confirmed that sensitive examinations like the ones described above are generally not indicated as part of an examination of college age patients for illness or injury, or as part of a routine (pre-participation exam).\" \"It was never consistent with the standard of care - in 1966, 2003, or today - to perform a genital or rectal examination on a patient seeking treatment for a knee injury.\" \"Rectal or prostate examinations were not part of standard PPEs or general physicals for asymptomatic college-age males without relevant medical histories at any point during Dr. Anderson's University career.\" \"Dr. Anderson's conduct was not consistent with any recognized standard of care and was, on the contrary, grossly improper.\" \"Dr. Anderson committed grossly improper behavior with 2/21/25, 7:04 Bo Schembechler: Horrific Sexual Abuse Details Largely Ignored Amid Debates Over Legacies - Sports Illustrated Michigan Wolveri\u2026 5/15 Scope of Abuse his patients that constituted sexual assault by any definition.\" \"Dr. Anderson committed sexual misconduct on countless occasions during his nearly four decades as a University employee. He engaged in practices that were improper in a clinical or educational setting - and would have been improper in any other setting.\" \"Several patients told us that Dr. Anderson proposed, implicitly or explicitly, engaging in quid pro quo arrangements involving sexual contact in exchange for expensive medication.\" \"This finding is based on the information received from almost 600 of Dr. Anderson's former patients and interviews with more than 300 of those patients.\" \"We recognize that this group of patients represents only a fraction of the total patients treated by Dr. Anderson in University settings between the late 1960's 2/21/25, 7:04 Bo Schembechler: Horrific Sexual Abuse Details Largely Ignored Amid Debates Over Legacies - Sports Illustrated Michigan Wolveri\u2026 6/15 Targets of Dr. Anderson's Abuse and early 2000's. In all likelihood, Dr. Anderson abused many patients in addition to those who provided information to us.\" \"Many patients who shared the their information with us may not see their specific experiences reflected in the report. That does not reflect a judgement on our part that those patients were not credible or that their experience were not significant. Rather, it is a necessary consequence of the scope and duration of Dr. Anderson's misconduct, such that it is impossible to chronicle every improper incident significant number of affected patients were members of susceptible populations. Some had limited experience with doctors or had never before received an adult physical examination number of patients felt that they had little choice but to abide by Dr. Anderson's abuse, as reporting him meant outing themselves at a time when 2/21/25, 7:04 Bo Schembechler: Horrific Sexual Abuse Details Largely Ignored Amid Debates Over Legacies - Sports Illustrated Michigan Wolveri\u2026 7/15 There is no gray area when it comes to Robert Anderson and his misconduct while employed by the University of Michigan. Beyond the countless instances of improper rectal examinations - otherwise known as rape, the WilmerHale report detailed several different methods that Dr. Anderson would use to assault his patients. According to the report, Dr. Anderson would ask some of his patients to perform sexual acts on him, including quid pro quo arrangements involving sexual contact in exchange for expensive medication. individuals were stigmatized.\" \"Some student athletes feared they would lose playing time or their scholarships if they complained to their coaches.\" \"Some patients needed Dr. Anderson's help to get a medical exemption from the Vietnam War-era draft.\" 2/21/25, 7:04 Bo Schembechler: Horrific Sexual Abuse Details Largely Ignored Amid Debates Over Legacies - Sports Illustrated Michigan Wolveri\u2026 8/15 Dr. Robert Anderson was employed by the University of Michigan from 1966-2003 One of the more disturbing methods was how Dr. Anderson collected sperm from his patients. Not only were patients asked to give the sample in front of him, Dr. Anderson would often assist his patients during the process recently had a discussion with Jon Vaughn, former University of Michigan football player and survivor of Dr. Anderson's sexual abuse, during which he described his encounters with the former doctor. From 1988-1990, Vaughn estimates that he was sexually assaulted by Dr. Anderson over 40 times. During our discussion, Vaughn gave a brutally honest account of one encounter with Anderson in particular. 2/21/25, 7:04 Bo Schembechler: Horrific Sexual Abuse Details Largely Ignored Amid Debates Over Legacies - Sports Illustrated Michigan Wolveri\u2026 9/15 gave my first sperm sample my freshman year,\" said Vaughn. The freshman running back had developed some discomfort in his groin area, leading to a visit with Dr. Anderson one day before practice. \"He told me, 'I'm going to need a sperm sample in order to be able to treat you.' This is the first time I've ever had to give a sperm sample in my life.\" Under the guise of conducting a standard medical procedure, Dr. Anderson assisted Vaughn with the process, claiming it was necessary for a good sample. \"He said he needed to be the one to take the sperm sample so that it was complete.\" Dr. Anderson would ultimately collect sperm samples from Vaughn on four separate occasions during his collegiate career - and now Vaughn wants answers. 2/21/25, 7:04 Bo Schembechler: Horrific Sexual Abuse Details Largely Ignored Amid Debates Over Legacies - Sports Illustrated Michigan Wolveri\u2026 10/15 Former University of Michigan running back Jon Vaughn speaks at a press conference near Michigan Stadium \"It was a periodic thing in which he took those samples,\" said Vaughn. \"Once those samples were taken, still to this day can't find the chain of custody or the records of where my sperm is.\" Vaughn claims that he, through his attorney, has made several attempts to gain access to his medical records from the University of Michigan. In response, Vaughn says that the University of Michigan claims the records no longer exist. Amos Guiora, Law Professor at the University of Utah and author of the book, \"Armies of Enablers\", says that the missing records are part of a bigger issue that the University of Michigan needs to answer for. Guiora points to UM's purchase of Dr. Anderson's private practice in the mid- 90's, at which point the University of Michigan took ownership of all medical records for Anderson's patients. 2/21/25, 7:04 Bo Schembechler: Horrific Sexual Abuse Details Largely Ignored Amid Debates Over Legacies - Sports Illustrated Michigan Wolveri\u2026 11/15 \"Anderson had medical records that the University of Michigan wanted to own,\" said Guiora. \"One of the issues that absolutely needs to be addressed is who authorized the purchase of Dr. Anderson's practice\". Just prior to Michigan's purchase of his private practice in the mid-90's, Anderson was facing a lawsuit over an accusation of sexual assault. The 1995 lawsuit alleged that Anderson sexually assaulted a patient during a pre-employment physical. Once the University of Michigan acquired his practice, Anderson would be required to complete an application process for credentials, which were required in order to maintain his practice within the Michigan Medicine system. According to the WilmerHale report, it was another missed opportunity by the University of Michigan to put an end to Anderson's abuse. Time and time again, the WilmerHale report describes multiple instances in which University of Michigan leadership failed to recognize or take action against Dr. Anderson's misconduct. The failure to act \"The University did not conduct due diligence with respect to a 1995 lawsuit alleging that Dr. Anderson assaulted a patient during a pre-employment physical. Dr. Anderson himself disclosed the lawsuit on an application for Michigan Medicine credentials in September 1996.\" 2/21/25, 7:04 Bo Schembechler: Horrific Sexual Abuse Details Largely Ignored Amid Debates Over Legacies - Sports Illustrated Michigan Wolveri\u2026 12/15 allowed a sexual predator to violate and assault thousands of students and student athletes over the course of nearly four decades. In addition to battling with the abuse itself, many of the survivors are now in a battle over transparency and accountability. That is the story. Yes, Bo Schembechler is a part of this story. Former University doctor Robert Anderson is also a part of this story, as is former Athletic Director Don Canham, former student reporter Richard Goldman, former wrestler Tad Deluca, former football layer Jon Vaughn and the thousands of others who were impacted by this tragedy. What happened at the University of Michigan from 1966-2003 is a tragedy worthy of our attention, as are the survivors who continue to fight for transparency and accountability. 2/21/25, 7:04 Bo Schembechler: Horrific Sexual Abuse Details Largely Ignored Amid Debates Over Legacies - Sports Illustrated Michigan Wolveri\u2026 13/15 Published Jul 12, 2021 Home / Football You might also like Privacy Policy Cookie Policy Takedown Policy Terms and Conditions Accessibility Statement Cookie Preferences Famed Spelling Manor in Los Angeles Lists for $165 Million Mansion Global Getting a Degree in the Might be Easier Than You Think Degrees | Search Ads Cardiologist: The Best Method for a Flat Stomach After 50 (It\u2019\u2026 News - Health Sting Buys Another Robert A.M. Stern- Designed New York\u2026 Mansion Global Plan Your Next Mexico Vacation - The Adventure Awaits! Mexico Vacation | Search Ads Mexico Vacation Which car has priority? 80% answer incorrectly! Tips and Tricks 2/21/25, 7:04 Bo Schembechler: Horrific Sexual Abuse Details Largely Ignored Amid Debates Over Legacies - Sports Illustrated Michigan Wolveri\u2026 14/15 \u00a9 2025 LLC. - All Rights Reserved. The content on this site is for entertainment and educational purposes only. Betting and gambling content is intended for individuals 21+ and is based on individual commentators' opinions and not that of Sports Illustrated or its affiliates, licensees and related brands. All picks and predictions are suggestions only and not a guarantee of success or profit. If you or someone you know has a gambling problem, crisis counseling and referral services can be accessed by calling 1-800-GAMBLER. 2/21/25, 7:04 Bo Schembechler: Horrific Sexual Abuse Details Largely Ignored Amid Debates Over Legacies - Sports Illustrated Michigan Wolveri\u2026 15/15", "8604_104.pdf": "reaches $490 million settlement with Anderson accusers Published 7:38 a.m Jan. 19, 2022 Updated 10:24 p.m Jan. 19, 2022 The University of Michigan has agreed to a $490 million settlement with those who claimed they were sexually abused by the late university sports doctor Robert Anderson, ending one of the nation's biggest sex abuse scandals. About 1,050 people, mostly men, will share in the settlement that covers allegations that began in the late 1960s and stretched over decades until the controversy publicly emerged two years ago. The settlement, which was first reported by The Detroit News, allocates $460 million for the approximately 1,050 claimants and $30 million for future claimants who choose to participate in the settlement before July 31, 2023 said in a Wednesday statement it will have no role in deciding how the money is allocated to Anderson's accusers, 98% of whom must sign onto the agreement for it to be approved. The Board of Regents also has yet to formally vote to approve the deal. \"Today was a victory for more than 1,000 victims of a horrendous predator and hopefully the beginning of UM\u2019s acceptance of its role and a changed attitude,\u201d said former Michigan Attorney General Mike Cox, who filed the first lawsuit against and represented more than 100 accusers. The settlement means that each accuser will get an average of more than $438,000. The exact amount, however, for each individual will vary depending on circumstances and be determined by the accusers and their attorneys. The average for each accuser is roughly half that of each victim in the Larry Nassar scandal at Michigan State University. That historic $500 million settlement in 2018 involved more than Kim Kozlowski The Detroit News 2/21/25, 7:04 University of Michigan reaches $490M settlement with Anderson accusers 1/5 500 women. The exact amount for each victim was confidential and varied. But the first wave of women, 332, divided $425 million, for an average of $1.28 million each interim President Mary Sue Coleman, appointed to the post over the weekend after former President Mark Schlissel was fired Saturday, said in a statement that the settlement agreement was the right thing to do. \"This agreement is a critical step among many the university has taken to improve support for survivors and more effectively prevent and address misconduct,\" she said. In a virtual press conference Wednesday in which no university officials took questions, Board of Regents Chair Jordan Acker said UM's work to address the Anderson scandal is not complete. \"We have a solemn responsibility to our university and our community members,\" Acker said. \"We must support healing and restoration of trust in an environment where safety is paramount. This agreement is an important step in that direction. \"The board and administration plan to accelerate additional efforts to work toward a campus with a positive, nurturing and safe culture.\" It is the largest legal settlement in the university's history, said spokesman Rick Fitzgerald. It will be paid with university reserves and insurance proceeds. \"Over the years, the university has built up reserves from a variety of funding sources,\" Fitzgerald said in a statement. \"The university will use these funds \u2014 excluding tuition and student fee receipts, gift receipts and state appropriation receipts \u2014 to supplement insurance proceeds to cover the costs of this settlement as of October had paid more than $28 million in legal and other costs tied to sexual assault allegations against Anderson. The majority of the payments, $14.9 million, were the result of the ongoing litigation against the university, Fitzgerald told The News in November has paid for legal fees, counseling for victims and an investigation since the first public allegation against Anderson emerged in February 2020. The university has paid $12 million to the WilmerHale law firm, which was hired by in March 2020 to conduct an investigation into Anderson that led to a 240-page report in May. 2/21/25, 7:04 University of Michigan reaches $490M settlement with Anderson accusers 2/5 The report concluded that officials knew as early as 1975 that Anderson had been accused of sexual misconduct. It showed more than two dozen university employees were told about Anderson's alleged behavior over his nearly 40-year career. While several employees reported the doctor after learning of complaints, the majority of the people his patients told \u2014 including some of the most powerful people on campus \u2014 did not act to stop the doctor, the report found hope in the near future University of Michigan would take more responsibility,\" said Bill Evashevski, a wrestler from 1976-78 who said Anderson assaulted him. Anderson served from 1966 to 2003 as head of University Health Service and the team physician for the Athletic Department. He died in 2008. More than a decade later, Robert Julian Stone approached and told school officials that Anderson sexually molested him during medical treatment while he was an undergraduate nearly 50 years earlier and coming out as a gay man. When he learned that police were investigating claims made by other men, he feared the university would bury the case so he shared his story in February 2020 with The News. Stone said late Tuesday that the work to hold accountable has been stressful and emotionally draining. \"I\u2019m so looking forward to putting this behind me,\u201d he said. Stone's story set off a firestorm, with others claiming that they also were subjected to Anderson's abuse, which ranged from fondling to forced masturbation to rape. After Stone's accusation became public, UM's first police investigation emerged, showing that the university police department had been investigating Anderson for 16 months and a top university official, the late Thomas Easthope, was aware of accusations against Anderson in 1979. But the doctor was able to stay employed at the university. The allegations led to the first lawsuit, filed in March 2020 by Cox on behalf of a former wrestler who claimed Anderson abused him on at least 35 occasions in the 1980s. The claims grew to include other former student-athletes, pilots, medical students, gay men and a few women. 2/21/25, 7:04 University of Michigan reaches $490M settlement with Anderson accusers 3/5 Cathy Kalahar, who said a therapist told her she was lying when she accused Anderson of grabbing her breast while she was enrolled at in the mid-'70s, said she was happy a settlement was reached but sad Anderson's alleged abuse was allowed to go on for so long hope that they will include Anderson survivors in continuing to listen to the guidance we can provide in changing the culture,\" said Kalahar, one of the few women who alleged abuse by Anderson. Okemos-based attorney Jamie White, who has represented accusers of Nassar and Anderson, said policymakers need to act in the wake of two widespread scandals in higher education in Michigan. \"It is time for the Michigan legislators to look at why two of the largest scandals in the history of the country \u2014 Larry Nassar and Robert Anderson \u2014 happened at Michigan's two largest universities,\" said White. \"Other states have addressed this issue. It is time for Michigan leadership to do the same.\" But one provision of the Anderson settlement is there won't be any more advocacy for two bills, inspired by Anderson, introduced by Michigan lawmakers last year, according to Cox. The proposed legislation, which had one hearing, would change the statute of limitations and a governmental immunity law to allow accusers to bring lawsuits against rally to advocate for the legislation planned for Thursday was canceled. Regardless, state Rep. Karen Whitsett, D-Detroit, said she would continue to advocate for the legislation because there are other victims who may want to come forward and they should be given the opportunity. No amount of money can be enough for the trauma that a sexual assault victim has survived, she said. \"Victims deserve justice,\" said Whitsett, who co-sponsored the legislation with state Rep. Ryan Berman, R-Commerce Township. \"Any amount of time that gives victims time to come forward is important.\" One other issue that evolved Wednesday was whether the settlement required former football player and Anderson accuser Jon Vaughn to take down his related protest encampment in front of the UM's president's house within the week. Vaughn has been protesting UM's culture around sexual misconduct at a campsite for 102 days. 2/21/25, 7:04 University of Michigan reaches $490M settlement with Anderson accusers 4/5 Cox said the proposed settlement terms originally required Vaughn to do so, but Fitzgerald said later that wasn't the case. \"There is no deadline for Mr. Vaugh's departure from his protest in front of the President's House,\" Fitzgerald said. \"His departure is not a condition of the settlement agreement, and we don't know when he will leave.\" Cox said must have dropped the demand. \"That is great because that means they are being more sensitive to 1,000-plus survivors,\u201d he said. \u201cThey are recognizing that is a way of honoring them.\" Reached by phone Wednesday, Vaughn said he is having surgery to remove cancer on Friday but plans to be back at the encampment full-time likely on Monday. He said he may stay another 100 days or even make it a 365-day protest. \"This is bigger than the Anderson victims,\" Vaughn said. \"There is a culture of sexual abuse and safety that needs to change.\" Okemos-based lawyer Mick Grewal called the accusers like Vaughn \u201cbrave\u201d and said it was their actions that led to the settlement. \u201cOver two years of suffering now has reached a point where all the men and women can start to begin their healing journey,\u201d said Grewal, who represented more than 250 Anderson accusers. [email protected] 2/21/25, 7:04 University of Michigan reaches $490M settlement with Anderson accusers 5/5"} |
7,328 | Brian Schrader | Emporia State University | [
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] | {"7328_101.pdf": "Emporia State prof tried to kiss student. He\u2019s still employed there. By Kelsey Ryan Updated February 16, 2018 10:11 AM| Plumb Hall at Emporia State University. Photo provided Only have a minute? Listen instead 1.0x Powered by Trinity Audio 00:00 04:39 10 10 $1.99 1 Gain unlimited access to our exclusive stories Log In | Subscribe 2/21/25, 7:05 Emporia State prof tried to kiss student. He\u2019s still employed there. | Kansas City Star 1/5 psychology professor at Emporia State University allegedly tried to kiss an international student in a storage room last spring, and when the student complained to the university, she says she was required to sign a non-disclosure agreement, according to a months-long investigation by the student newspaper, The Bulletin. After the student reported the incident to her adviser, the university began an internal Title investigation, which found \u201ca preponderance of evidence that Dr. (Brian) Schrader abused his authority as professor and violated ESU\u2019s sexual harassment policy,\u201d according to investigatory documents obtained by The Bulletin. Title is a federal civil rights law that prohibits sexual discrimination in schools. The student was not informed of any disciplinary actions against the professor. She was told in a letter from the provost that the professor was not to make any contact with her, according to the documents. The student, who is not named in the articles, provided the student newspaper with more than 150 pages of correspondence with university officials and official documents related to the investigation, which \u201cprovide a rare, inside glimpse into how the university handles misconduct against faculty, and how the university might seek to keep a lid on such investigations by asking the students who file the complaints to sign non-disclosure agreements,\u201d The Bulletin reported. According to the Title investigation documents, the student alleges that in exchange for not reporting an issue of academic misconduct, the professor held onto and rubbed her hand for an extended period of time as he handed her a tissue while she was crying in his office in May 2017. She said he then escorted her to a nearby office he used as a storage room, stroked her hair and then moved in closer as if to kiss her. After she asked what he was doing, he asked her if she wanted to leave and she did, according to the document. The student broke the non-disclosure agreement because she felt like it was more important to say that what happened was wrong. \u201cHe may have done the same thing to other students that he did to me,\u201d the student told The Bulletin. \u201cWhen was seeking help from police, from the school 2/21/25, 7:05 Emporia State prof tried to kiss student. He\u2019s still employed there. | Kansas City Star 2/5 administrators was anticipating that they would help me, because was sexually assaulted really believed that the school would help me, but...the professor came back to the school. I\u2019m very frustrated and feel like giving up feel like no one is really going to stand up for me at the school.\u201d Schrader did not return a request for comment. According to an email to The Star from spokeswoman Gwen Larson, Schrader is still employed by the university. She was not sure if he was advising psychology students. She would not say whether Schrader has faced any disciplinary action since that information is a personnel issue President Allison Garrett released a statement to the university Thursday saying, \u201cWe cannot divulge any details regarding this matter. The allegations were investigated, and the parties were afforded due process. As a confidential personnel matter, the decision has not been, nor will it be, disclosed.\u201d The university disputes the term \u201cnon-disclosure agreement\u201d to describe a form the student was required to sign as part of the Title investigation. \u201cThis is not a nondisclosure agreement,\u201d Larson told The Star. \u201cNondisclosure agreements are a type of negotiated contract usually dealing with proprietary information or other privileged and confidential information.\u201d \u201cThe university complied with the 2011 U.S. Department of Education Office of Civil Rights guidance requiring confidentiality and non-retaliation as part of Title investigations. New guidance in September 2017 removed this feature from Title investigations modified its procedures accordingly.\u201d The language to describe the document the student was required to sign is a \u201cred herring and totally irrelevant,\u201d said Max Kautsch, a Lawrence attorney who specializes in First Amendment and open government issues and who represented The Bulletin. \u201cThe only way this woman was going to be able to file this complaint was to sign this document to contract away her voice in exchange for the university even lifting a finger to investigate the alleged misconduct,\u201d Kautsch said. Kelsey Ryan: 816-234-4852, @kelsey_ryan 2/21/25, 7:05 Emporia State prof tried to kiss student. He\u2019s still employed there. | Kansas City Star 3/5 This story was originally published February 15, 2018 at 8:46 PM. Want to see more content like this? Star Politics Get the biggest political stories from Kansas City Star reporters in Kansas, Missouri and Washington, D.C., sent to your inbox every Friday and Monday By submitting agree to the Privacy Policy and Terms of Service. Take Us With You Real-time updates and all local stories you want right in the palm of your hand Start a Subscription Customer Service Edition Vacation Hold Pay Your Bill About Us Contact Us Newsletters Archives Sports Betting McClatchy Advertising Place an Ad Place a Classified Ad Place an Ad - Celebrations Place an Obituary 2/21/25, 7:05 Emporia State prof tried to kiss student. He\u2019s still employed there. | Kansas City Star 4/5 Part of the McClatchy Media Network Personal Finance Staffing Solutions Political | Advocacy Advertising 2/21/25, 7:05 Emporia State prof tried to kiss student. He\u2019s still employed there. | Kansas City Star 5/5", "7328_102.pdf": "Former Emporia prof says student falsely accused him of sexual harassment: lawsuit By Katie Bernard Updated July 23, 2019 2:47 former Emporia State University professor accused of trying to kiss an international student in 2016 is now suing the university. Brian Schrader says the university conducted an unfair investigation after, he says, he was falsely accused by a student who was facing possible expulsion for academic misconduct. In a lawsuit filed in the U.S. District Court for Kansas last week, Shrader said he eventually had \u201cno alternative but to resign\u201d in December 2018. Emporia State University said it would not comment on pending litigation. Only have a minute? Listen instead 1.0x Powered by Trinity Audio 00:00 04:35 10 10 $1.99 1 Gain unlimited access to our exclusive stories Log In | Subscribe 2/21/25, 7:05 Former Emporia professor sues for sexual harassment case | Kansas City Star 1/5 According to the suit, Schrader met with a student, referred to as J.J., in May 2017 after discovering that the student had cheated on a second homework assignment that semester. During the meeting, the suit says, J.J. began to cry and Schrader handed her a tissue. \u201cIn doing so, their fingers briefly and lightly touched,\u201d the suit says. In February 2018 J.J. told the Emporia State University Bulletin that the professor held her hand and rubbed his thumb on her hand for several minutes while handing her the tissue. J.J. went on to tell the Bulletin that Schrader suggested they go elsewhere and took her down the hallway into a storage room where he tried to kiss her. Schrader disputes these claims in the suit. \u201cJ.J.\u2019s demeanor abruptly changed when she learned that there were severe consequences to her academic misconduct that she could not avoid and then left the meeting clearly upset,\u201d the suit says. After J.J. submitted a sexual harassment complaint to the university, both individuals were asked to sign a non-retaliation and confidentiality agreement, according to the suit. The report filed on the the investigation was \u201cfilled with inaccuracies\u201d and included the Title investigator Lisa Moritz\u2019s personal theories that \u201care unsupported by facts or reasonable inferences about what occurred,\u201d the suit says. Emporia State\u2019s human resources director, Ray Lauber, released a summary of findings in July 2017 based on Moritz\u2019s report, concluding that there was a preponderance of evidence that Schrader had sexually harassed J.J. According to the suit \u201cLauber had an open conflict of interest in the matter\u201d because of a 2012 event that caused him to harbor a bias against Schrader. The suit does not explain what occurred in 2012. Despite Lauber\u2019s report, the suit says, a committee of university faculty found in November 2017 that Schrader did not sexually harass J.J. 2/21/25, 7:05 Former Emporia professor sues for sexual harassment case | Kansas City Star 2/5 Despite this, the suit says, Emporia State President Allison Garrett wrote him a letter in December 2017 saying she agreed with the faculty committee\u2019s conclusion but imposed five years of sanctions. In February 2018 J.J. violated the confidentiality agreement and stories about the investigation were published in the Emporia State Bulletin, according the suit. In March, Schrader was placed on administrative leave because of a second sexual harassment complaint against him. Schrader was allegedly only told the initials of the student, the date the harassment began, and that he had given the accuser gifts. The suit says the investigation of the complaint was not impartial and that Schrader ultimately had no choice but to resign in December 2018. Brett Sokolow, president of the Association of Title Administrators, said the university\u2019s approach to the allegation seemed to follow normal practices. When professors are accused of this type of behavior they are subject to a Title investigation, which leads to a recommendation of action. Before a professor is removed, however, they are entitled to due process and a hearing. Because of the nature of the case, Sokolow said, Title administrators must determine who they think is most credible. \u201cThis is an absolute \u2018he said she said,\u2019\u201d Sokolow said. \u201cIn a situation like that the investigator is going to do a lot of editorializing generally.\u201d Schrader said he has not been able to get a job at another university because of the allegations. Emporia State University is listed as a defendant in the suit alongside Lauber, Moritz, Garrett, Provost David Cortle, and Bulletin advisor Max McCoy. Schrader is suing for \u201creverse sex discrimination,\u201d violations of the 5th and 14th Amendments, tortious interference with prospective contractual relationship or expectancy, blacklisting, and constructive discharge. 2/21/25, 7:05 Former Emporia professor sues for sexual harassment case | Kansas City Star 3/5 This story was originally published July 18, 2019 at 2:08 PM. Want to see more content like this \u2018Living hell\u2019: Woman says sexual violence went unchecked at housing complex July 16, 2019 12:26 Kansas sheriff\u2019s deputy was fired after reporting sexual assault by coworker: lawsuit July 09, 2019 2:18 Katie Bernard The Kansas City Star (816)234-4167 Katie Bernard covered Kansas politics and government for the Kansas City Star from 20219-2024. Katie was part of the team that won the Headliner award for political coverage in 2023. Take Us With You Real-time updates and all local stories you want right in the palm of your hand Start a Subscription Customer Service About Us Contact Us McClatchy Advertising Place an Ad 2/21/25, 7:05 Former Emporia professor sues for sexual harassment case | Kansas City Star 4/5 Part of the McClatchy Media Network Edition Vacation Hold Pay Your Bill Newsletters Archives Sports Betting Personal Finance Place a Classified Ad Place an Ad - Celebrations Place an Obituary Staffing Solutions Political | Advocacy Advertising 2/21/25, 7:05 Former Emporia professor sues for sexual harassment case | Kansas City Star 5/5", "7328_103.pdf": "Robert Anderson Born February 20, 1928 L'Anse, Michigan, U.S. Died November 27, 2008 (aged 80) Nationality American Alma mater University of Michigan Occupation Physician Years active 1953\u20132003 Employer(s) University of Michigan, Federal Aviation Administration Known for Prolific sexual abuser Robert Anderson (sex offender) Robert Anderson (February 20, 1928 \u2013 November 27, 2008) was an American doctor and sex offender. In 2022, the University of Michigan agreed to a $490 million settlement to 1050 victims who were abused by Anderson during routine medical examinations.[1][2] Attorneys for Anderson's victims say this may have been the largest case of sex abuse by a single person in American history, surpassing the scale of similar cases such as that of Larry Nassar and the Ohio State University abuse scandal.[3] Anderson was born on February 20, 1928, in L'Anse, Michigan, and graduated from high school as valedictorian. He graduated from Michigan State University in 1950, and went on to get his medical degree from the University of Michigan School of Medicine in 1953. He did a residency at University of Michigan Hospital before moving to a private practice until 1966, when he began working at the university's health center, and also began to work for the university's athletic department in 1968, and was made director of the health center that same year.[4] Anderson also did physicals for pilots, air traffic controllers, and others involved in aviation while working for the FAA.[5] During Anderson's era, sports medicine was a new field, and he lobbied the coaches to make physical examinations a requirement for athletes.[4] After activists reported his alleged rapes, Vice President of Student Life Tom Easthope forced his resignation from the health center, but unknown to Easthope, he continued to work for the athletic department.[6] Anderson retired from the athletic department in 1998, left the university in 2003, and died in 2008.[7] During his long career with the University of Michigan, Anderson sexually assaulted and raped patients during medical examinations, subjecting them to unnecessary genital and rectal examinations. Although he occasionally sexually assaulted female patients, 90% of his victims were male.[3] 40% of his victims were black,[3] and linebacker Jon Vaughn claimed that Anderson collected semen from him to create the \"perfect black athlete\".[8] Anderson was widely known for sexually abusing patients among Michigan staff and athletes, earning nicknames such as \"Dr. Drop Life and career Sexual assault allegations 2/21/25, 7:05 Robert Anderson (sex offender) - Wikipedia Anderson (February 20%2C 1928,Anderson during routine medical exa\u2026 1/3 Your Drawers Anderson\".[4 report commissioned by the university after his death found that more than two dozen officials knew about Anderson's behavior, including athletic director Don Canham and legendary football coach Bo Schembechler,[9] whose own son was raped by Anderson.[10][11] Anderson also was reported to have raped pilots, air traffic controllers, and other employees of the when he worked there.[5] The total number of sexual assaults reported against Anderson was over 2,100.[9] The allegations were not publicly known until years after Anderson's death. Following letters written to athletic director Warde Manuel in 2018 and 2020, an internal investigation against Anderson was opened, which found that the university failed to take action against Anderson multiple times.[2][11] After several years in a legal stalemate, the university reached a $490 million settlement in January 2022 with 1050 victims.[1][2][11] 1. Householder, Mike; Lage, Larry (January 19, 2022). \"U. of Michigan reaches $490M settlement over sexual abuse\" ( ettlement-a419d760f8390f5e43d40601c1d806ef News. Associated Press. Retrieved December 3, 2023. 2. Dodge, Samuel (January 19, 2022). \"$490M settlement reached between Dr. Anderson survivors, University of Michigan\" ( -between-dr-anderson-survivors-university-of-michigan.html). MLive. Retrieved December 3, 2023. 3. Woodyatt, Amy (January 29, 2022). \"More than 1,000 students were sexually abused at this university. An ex player wants their stories to be heard\" ( rt/university-of-michigan-robert-anderson-victims-intl-spt/index.html). CNN. Retrieved December 2, 2023. 4. \"How failed for decades to heed warnings about doctor's alleged sex abuse\" ( oitnews.com/in-depth/news/local/michigan/2020/10/21/how-university-michigan-failed-doctor-robe rt-anderson-alleged-sex-abuse/4894925002/). The Detroit News. October 22, 2020. Retrieved November 28, 2023. 5. Marowski, Steve (February 6, 2021). \"Pilots allege abuse by late University of Michigan doctor who performed more than 4,000 physicals for FAA\" ( 02/pilots-allege-abuse-by-late-university-of-michigan-doctor-who-performed-more-than-4000-physi cals-for-faa.html). MLive. Retrieved November 28, 2023. 6. Marowski, Steve (February 25, 2020). \"Multiple staffers heard rumors of abusive doctor, including one who thought he fired him\" ( um-staffers-heard-rumors-of-abusive-doctor-including-one-who-thought-he-fired-him.html). MLive. Retrieved November 28, 2023. 7. \"Robert Anderson's survivors are seeking justice from the university that ignored them for decades\" ( -seeking-justice-from-the-university-that-ignored-them-for-decades). Michigan Radio. August 25, 2020. Retrieved November 28, 2023. 8. Kozlowski, Kim. \"Robert Anderson's former daughter-in-law claims doctor contributed to her teen son's death\" ( university-of-michigan-daughter-law-teri-anderson-sexual-abuse-suicide/5891013001/). The Detroit News. Retrieved December 3, 2023. References 2/21/25, 7:05 Robert Anderson (sex offender) - Wikipedia Anderson (February 20%2C 1928,Anderson during routine medical exa\u2026 2/3 9. Kozlowski, Kim report: Complaints of alleged abuse by Robert Anderson surpass 2,100\" (htt ps:// ert-anderson-sexual-assault-complaints-exceed-2000/6025233001/). The Detroit News. Retrieved December 3, 2023. 10. Kozlowski, Kim. \"Schembechler's son: Bo stopped Anderson's firing despite abuse\" ( etroitnews.com/story/news/local/michigan/2021/06/09/schembechler-son-discuss-anderson-say-h e-told-dad-abuse/7622194002/). The Detroit News. Retrieved December 3, 2023. 11. Blinder, Alan (January 19, 2022). \"University of Michigan Will Pay $490 Million to Settle Abuse Cases\" ( rt-anderson.html). The New York Times 0362-4331 ( 331). Retrieved December 3, 2023. Retrieved from \" 2/21/25, 7:05 Robert Anderson (sex offender) - Wikipedia Anderson (February 20%2C 1928,Anderson during routine medical exa\u2026 3/3", "7328_104.pdf": "For the Media \uf0a9 Search At the University of Michigan, we condemn all sexual misconduct, especially instances that occur under the purview of our public mission. This type of conduct is reprehensible \u2013 and whether it takes place now or took place in the past, it is unacceptable. All members of our community \u2013 students, faculty and staff \u2013 deserve to feel safe and supported. We must remain vigilant in encouraging reporting, listening carefully to former patients who come forward and supporting all those who have been affected by sexual misconduct. We have no greater responsibility than to advance the highest standards of conduct and to uphold the trust of the public and the members of our community who choose to study, work or seek care at the University of Michigan news and statements Sept. 16, 2022: University finalizes settlement in Anderson cases 2/21/25, 7:05 Anderson misconduct allegations Public Affairs 1/4 Jan. 19, 2022: Record reaches $490M settlement with Anderson plaintiffs \uf064 Jan. 19, 2022 reaches $490M settlement with Anderson plaintiffs \uf064 Jan. 19, 2022: An announcement on the Robert Anderson case \uf064 Nov. 11, 2021: Sexual misconduct survivors: We hear you and we value you Oct. 19, 2021: Listening to the Anderson survivors Sept. 23, 2021 adopts policy, procedures for addressing misconduct \uf064 July 15, 2021 overhauls its approach to addressing sexual misconduct \uf064 July 15, 2021: Working group to develop cultural change process, survey community \uf064 July 15, 2021: Policy prohibits most supervisor-employee relationships \uf064 June 10: Response to public statements by Matt Schembechler and others May 11 officials overlooked \u2018destructive pattern\u2019 of misconduct \uf064 May 11: Report of Independent Investigation: Allegations of Sexual Misconduct Against Robert E. Anderson June 16 reaching out to former students in Anderson case \uf064 April 28 will create process for resolving Anderson claims \uf064 April 7 contacting former student-athletes in Anderson case \uf064 2/21/25, 7:05 Anderson misconduct allegations Public Affairs 2/4 March 23 Hires WilmerHale to handle Robert E. Anderson investigation \uf064 March 23: WilmerHale engagement letter March 7: Statement from the University of Michigan Board of Regents and President Mark Schlissel \uf064 March 6: Statement from the University of Michigan Board of Regents and President Mark Schlissel Re: Reports of misconduct by Dr. Anderson \uf064 March 5: University to provide confidential counseling \uf064 Feb. 27 statement following press conference by former student athletes Feb. 25 update regarding reports of sexual misconduct \uf064 Feb. 20: Statement on Sexual Misconduct at Board of Regents Meeting \uf064 Feb. 20: Schlissel apologizes for late physician\u2019s misconduct \uf064 Feb. 19: Patients of late campus physician asked to call hotline Sexual misconduct website Police \uf064 Compliance Hotline: 866-990-0111 \uf064 Office for Institutional Equity \uf064 Report a campus climate concern Sexual Assault Prevention and Awareness Center \uf064 2/21/25, 7:05 Anderson misconduct allegations Public Affairs 3/4 \[email protected] \uf095 Phone +1 (734) 936-5190 \ue61b@UMPublicAffairs \uf0411109 Geddes Ave, Ann Arbor 48109-1079 \uf1adOffice of the Vice President for Communications \u00a9 2025 The Regents of the University of Michigan Counseling and Psychological Services \uf064 Faculty and Staff Counseling and Consultation Office \uf064 Michigan Medicine Office of Counseling and Workplace Resilience \uf064 Central Faculty Ombuds \uf064 Staff Ombuds sexual misconduct prevention Master Docket for Federal Court Anderson Litigation Student policy on prohibited conduct \uf064 Draft umbrella policy on sexual harassment Office of Public Affairs Phone: 734-936-5190 Email: [email protected] 2/21/25, 7:05 Anderson misconduct allegations Public Affairs 4/4", "7328_105.pdf": "Board of Regents To Our Campus Community: The events of the past few days have been challenging and unexpected. Change can always be difficult and, in this case, it can be especially so on top of the ongoing pandemic. Today, we share news that takes an important step toward a future of healing for our community. The University of Michigan and attorneys for approximately 1,050 claimants who had sued the university alleging abuse by Dr. Robert Anderson announced today a settlement agreement that would resolve all of those survivors\u2019 claims. Our most solemn responsibility to our university and community members is to support healing and restoration of trust in an environment where safety is paramount. The cases would be resolved for $490 million, pending documentation and approval by the Board of Regents; the claimants, as recommended by their attorneys; and approval by the federal court overseeing the process. Of that total, $30 million would be reserved for future claimants who choose to participate in the fund before July 31, 2023. This settlement agreement resolves the mediation process, supervised by a United States District Court judge, the Honorable Victoria Roberts, that began 15 months ago, in October 2020. 2/21/25, 7:05 The Regents of the University of Michigan 1/2 Once approved, we hope that this settlement will continue the healing process for survivors. At the same time, our work is not complete. The Board and administration plan to accelerate further efforts to work toward a campus with a positive, nurturing and safe culture that reflects our values as a community. We will strive to be free from abuse and sexual misconduct, building on the work that hundreds in our community are committed to succeeding. In the coming weeks, months and beyond, we look forward to hearing from more members of the university community about how we can continue to achieve the environment and culture of safety and trust we envision. Together, we will move forward. Sincerely, Mary Sue Coleman, President The University of Michigan Board of Regents 2/21/25, 7:05 The Regents of the University of Michigan 2/2", "7328_106.pdf": "U. of Michigan reaches $490M settlement over sexual abuse by a former sports doctor 19, 2022 \u00b7 12:08 By The Associated Press The University of Michigan has agreed to a $490 million settlement with hundreds of people who say they were sexually assaulted by Robert Anderson, a former sports doctor at the school. Robert Kalmbach/Bentley Historical Library University of Michigan via The University of Michigan has agreed to a $490 million settlement with more than 1,000 people who say they were sexually assaulted by a former sports doctor 24 Hour Program Stream On Air Now 2/21/25, 7:05 University of Michigan reaches $490M settlement over sexual abuse 1/15 during his nearly four-decade career at the school, the university and those involved in the settlement announced Wednesday. The university said 1,050 people will share in the settlement, which was reached through mediation. Individuals and their attorneys will determine how to split $460 million, with no input from the university, the school said in a statement. An additional $30 million will be set aside for future claims. \"We hope this settlement will begin the healing process for survivors,\" said Jordan Acker, chair of the University of Michigan Board of Regents. \"At the same time, the work that began two years ago, when the first brave survivors came forward, will continue.\" Attorney Parker Stinar said the settlement was reached Tuesday night. The university had been in mediation to resolve multiple lawsuits by mostly men who said Dr. Robert Anderson sexually abused them during routine medical examinations. \"It has been a long and challenging journey, and believe this settlement will provide justice and healing for the many brave men and women who refused to be silenced,\" said Stinar, who represents about 200 victims Former Michigan player opens up about the sexual abuse behind his sit-in protest 2/21/25, 7:05 University of Michigan reaches $490M settlement over sexual abuse 2/15 Tad DeLuca, the whistleblower whose letter to Michigan athletic director Warde Manuel alleging sexual assault sparked an investigation into Anderson, found no joy in the settlement and said it won't address deeper issues. \"The settlement is going to gloss things over so Michigan can go back to having a glossy block `M' and look wonderful for the world, but the situation on campus is horrible,\" DeLuca said in a telephone interview Wednesday morning. Anderson worked at the university from 1966 until his 2003 retirement and was director of the university's Health Service and a physician for multiple athletic teams, including football number of football players and other athletes have come forward to accuse Anderson, who died in 2008, of sexually abusing them report by a firm hired by the school determined that staff missed many opportunities to stop Anderson over his 37-year career. The university regularly is ranked among the top public universities in the U.S. The deal came just after two men who say they were sexually assaulted by Anderson said they were hoping that a change in leadership with the weekend University of Michigan fires its president after investigation into an alleged affair 2/21/25, 7:05 University of Michigan reaches $490M settlement over sexual abuse 3/15 firing of university President Mark Schlissel would allow the school to be more accountable toward abuse victims. Keith Moree and Robert Stone told reporters Tuesday that the Ann Arbor school is ripe for a culture change as its board conducts a search to permanently replace Schlissel, who was removed Saturday due to an alleged \"inappropriate relationship with a university employee.\" The settlement with Anderson's victims is one of several agreed to by universities following sex abuse scandals, including Michigan State University's agreement to pay $500 million to settle claims from more than 300 women and girls who said they were assaulted by Larry Nassar, who was a campus sports doctor as well as a doctor for Gymnastics. That settlement, announced in May 2018, was considered the largest at the time, far surpassing the $100 million-plus that Penn State University has paid to settle claims by at least 35 people who accused assistant football coach Jerry Sandusky of sexual abuse. Last year, the University of Southern California agreed to an $852 million settlement with more than 700 women who have accused the college's longtime campus gynecologist, Dr. George Tyndall, of sexual abuse. university of michigan Michigan State University Reaches $500 Million Settlement With Nassar Abuse Victims 2/21/25, 7:05 University of Michigan reaches $490M settlement over sexual abuse 4/15 News without the noise Our journalists summarize the biggest stories in the Up First newsletter so you can stay informed, not overwhelmed. See more subscription options By subscribing, you acknowledge and agree to NPR's Terms of Use and Privacy Policy may share your name and email address with your station. See Details. 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An ex player wants their stories to be hea\u2026 1/18 Video Ad Feedback Why this ex player is vowing to give sexual abuse victims a voice 04:01 - Source By Amy Woodyatt 15 minute read \u00b7 Updated 9:56 EST, Wed February 2, 2022 See More Videos More than 1,000 students were sexually abused at this university. An ex player wants their stories to be heard 2/21/25, 7:05 University of Michigan students say they were sexually abused by Robert Anderson. An ex player wants their stories to be hea\u2026 2/18 (CNN) \u2014 Throughout the bitter winter, during rain and snow, Jon Vaughn has alternated between sleeping in a tent or a campervan outside former University of Michigan President Mark Schlissel\u2019s house former University of Michigan and football player, Vaughn is one of more than 1,000 people \u2014 mostly men \u2013 who says they were abused by athletics doctor Robert Anderson, who worked for the university from 1966 to 2003 treating students across sports including football, track, and wrestling. Anderson, who died in 2008, subjected students, 90% of whom were men, to \u201csexually abusive conduct\u201d and invasive exams, including unnecessary genital and rectal examinations, according to a 2021 independent report commissioned by the university. Many of Anderson\u2019s victims were Black \u2013 and survivors say this has played a part in why the abuse was allowed to continue for decades. In his roles at the university, including director of its health service, team physician for the athletic department and a clinical instructor at the university\u2019s medical school, Anderson abused men and women from different racial backgrounds, undergraduate and graduate students, student athletes \u2013 including a two-time Super Bowl champion and former world- class wrestler \u2013 and members of the lesbian, gay, bisexual, transgender, and queer community, the report found. The university missed numerous opportunities to stop him over his 37 year long career, it concluded. This month the university announced a $490 million settlement with over a thousand victims of Anderson\u2019s alleged sexual abuse, pending approval by the Michigan Board of Regents and the claimants. 2/21/25, 7:05 University of Michigan students say they were sexually abused by Robert Anderson. An ex player wants their stories to be hea\u2026 3/18 Dr. Robert E. Anderson worked for the University of Michigan from 1966 to 2003. He died in 2008. Robert Kalmbach/Bentley Historical Library University of Michigan But despite the settlement, the University is still facing calls to take responsibility for its role in the abuse, which spanned more than three decades \u2013 as well as the university\u2019s failures to address alleged present day sexual misconduct and abuse by and of students and university staff. Victims say that despite knowledge of Dr. Anderson\u2019s predatory behavior of failed to take any action, and instead chose to continue enabling Dr. Anderson\u2019s abuse of vulnerable young men until his voluntary retirement in 2003. \u201cThey\u2019ve shown that over the last half century\u2026 [they\u2019re] uninterested in student safety as a priority,\u201d Vaughn, who played for of from 1988 to 1990 said. \u201cThey\u2019ve shown the inability to police themselves on a consistent basis, as pertains to sexual assault,\u201d he said. Schlissel \u2013 who was fired this month from his position as President following an anonymous complaint suggesting that he \u201cmay have been involved in an inappropriate relationship with a University employee\u201d \u2013 has apologized for Anderson\u2019s \u201ctragic misconduct,\u201d and said in a statement that the university is committed to resolving victims\u2019 claims. But Vaughn, 51, who was recently diagnosed with thyroid cancer and has been protesting for more than 100 days says he will continue to sleep outside the university president\u2019s house until the University of Michigan addresses historic and alleged present day abuse, after realizing how \u201cacute\u201d issues of sexual assault, violence and rape are on campus. Vaughn is also one of many involved in hundreds of individual lawsuits and a class-action 2/21/25, 7:05 University of Michigan students say they were sexually abused by Robert Anderson. An ex player wants their stories to be hea\u2026 4/18 g y lawsuits filed against the University and the Board of Regents by survivors. Black men treated differently The allegations against Anderson mirror those against disgraced Gymnastics doctor Larry Nassar at Michigan State University and Richard Strauss at Ohio State University. They too were doctors who abused their trusted positions to sexually exploit college students and athletes. With more than a thousand people \u2013 mostly men \u2013 coming forward to say they were abused by Anderson, attorneys representing the victims say it may be the largest case of sex abuse by a single person in the US. The scale of the alleged abuse surpasses that at Michigan State, Ohio State, and similar incidents at other universities. But the case has received nowhere near as much media coverage as that of the abuse of Nassar disproportionate number of the victims are African American, Vaughn told don\u2019t think the world right now is ready to complete that spectrum of the face of abuse and include African-American men,\u201d Vaughn told CNN. Attorney Mike Cox, who is representing 174 victims in confidential federal court mediation with the University of Michigan told that some 40% of the 1000 Anderson victims are African American men. \u201cWe have not done a formal analysis because all are victims and viewed equally in that sense. But clearly the amount of African American victim survivors is much, much higher than their numbers in American society,\u201d Cox told over email. Black Americans represent just 13.4% of the American population. The percentage of African American survivors is also \u201cdramatically higher\u201d than their percentages as part of the student base, Cox said. The University of Michigan agreed to work toward a goal of 10% African American enrollment by 1973, but did not reach this goal: Black student enrollment had declined by 1987 to 5.3% of the student body from the high of 7.7% in 1976 and never reached the 10% goal targeted by administrators in the early \u201970\u2019s. From the 1980s until 1996 there was a 10% increase in African American student enrollment 2/21/25, 7:05 University of Michigan students say they were sexually abused by Robert Anderson. An ex player wants their stories to be hea\u2026 5/18 From the 1980s until 1996, there was a 10% increase in African American student enrollment. However, efforts to increase African American enrollment to reflect the Michigan state\u2019s 14% Black population have been unsuccessful, according to the university. Vaughn said it took years for him to even recognize what had happened to him as abuse, and that in communities of color, \u201cfor men to even discuss their abuse is seen as a weakness. In those communities, you\u2019re forced to be tough and strong.\u201d \u201cWe\u2019ve been fighting to have a voice, just typically in this country, for over 400 years, we\u2019re constantly and have historically been marginalized, or dehumanized in so many ways. So really think those two factors create this perfect storm,\u201d he said. Jon Vaughn says he will continue his protest at the university. Bill Pugliano/Getty Images Attorney Parker Stinar, who represents around 200 of the survivors, agreed, adding that Anderson\u2019s case has not received anywhere near as much media coverage or public recognition as other sex abuse cases because the vast majority of survivors are older, Black men. \u201cFor Larry Nassar, you had prominently White, 30-year-old women, whereas for Dr. Anderson, th t j it f th i Bl k d i th i 50 60 d 70 Thi i 2/21/25, 7:05 University of Michigan students say they were sexually abused by Robert Anderson. An ex player wants their stories to be hea\u2026 6/18 the vast majority of the survivors are Black and in their 50s, 60s and 70s. This case is overlooked in part because of that,\u201d he told think our society looks down on men who are sexually abused, let alone big, strong, athletic, Black men who are sexually abused, compared to female survivors of abuse,\u201d Stinar added. \u201cBecause they have this societal influence that asks men: How can they allow themselves to be sexually abused?\u201d Rebecca Wanzo, professor of Women, Gender, and Sexuality Studies at Washington University, St. Louis, told that race plays a significant part in whether or how violence and abuse is reported by the media. \u201cIf you don\u2019t have someone who\u2019s the face of something that they [the media] put forward, or seems like an ideal victim that people want to tell a story about, historically, that is something that can really affect the ability of a story to travel,\u201d she explained. This, she said, is often an issue when it comes to reporting issues like sexual abuse and murder. \u201cSystemic violence often tends to get less attention, which is why violence against people of color, systemic violence in general, in terms of class and other factors, isn\u2019t reported,\u201d she said. Racist stereotypes \u201cWe don\u2019t have a language to talk about Black as rapeable in the US, because the racist stereotypes of Black men as the rapist and as violent stops us from looking at data that\u2019s been collected by the for the last decade,\u201d Tommy Curry, professor of philosophy and personal Chair of Africana Philosophy and Black Male Studies at The University of Edinburgh told CNN. Nearly 1 in 5 (19.4%) non-Hispanic Black men have experienced contact sexual violence \u2013 which includes rape, being made to penetrate someone else, sexual coercion, and unwanted sexual contact \u2013 in their lifetime, according to the CDC\u2019s National Intimate Partner and Sexual Violence Survey 2010-2012, which is the latest published data broken out by race or ethnicity. Social psychology data shows \u201cBlack men are always perceived as being taller, more aggressive, or violent, more prone to conflict, more athletic than they actually are,\u201d Curry said. \u201cAnd it\u2019s those social perceptions that have been linked to forms of dehumanization 2/21/25, 7:05 University of Michigan students say they were sexually abused by Robert Anderson. An ex player wants their stories to be hea\u2026 7/18 And it s those social perceptions that have been linked to forms of dehumanization \u2013 likening them to apes, sorts of primal beasts and animals \u2013 that fit into how we think of Black men, both as athletes and as kind of super predators, as superhuman.\u201d Attendees add their signatures to a board in support of survivors of sexual abuse at a vigil outside the home of outgoing University of Michigan President Mark Schlissel October 13, 2021 in Ann Arbor, Michigan. Bill Pugliano/Getty Images Former gymnast Trinea Gonczar, who testified against Larry Nassar, told that in her work supporting victims of sexual abuse, she has learned \u201cthat most men, no matter what, if they\u2019ve been assaulted, they won\u2019t report based on more shame.\u201d Nassar, the longtime doctor for the Gymnastics team and Michigan State University, is serving a 60-year sentence in federal prison on child pornography charges, and was also sentenced to a 40-to-175 year state prison sentence in Michigan after pleading guilty to seven counts of criminal sexual conduct. Gonczar has been spending time with Vaughn in his protest to show solidarity with abuse survivors at the University of Michigan i il d t t i i j il i d ttl t I\u2019 2/21/25, 7:05 University of Michigan students say they were sexually abused by Robert Anderson. An ex player wants their stories to be hea\u2026 8/18 \u201cIn my case, as a privileged woman, my perpetrator is in jail, we received a settlement. I\u2019m White, and come from an expensive, per se, sport: you have to have money to have to be in that sport,\u201d Gonczar said. Gonczar now works as director of development at the Avalon Healing Center, which provides support for victims of sexual abuse. \u201cI\u2019ve had to learn that am a privileged, White person, and all abuse is not the same,\u201d she said. There are several reasons why Black men choose not to report abuse, Curry told CNN. \u201cWe know from interviews with Black male victims that it\u2019s not only the pressures of not being believed \u2013 but it\u2019s also being perceived as the aggressor,\u201d he explained. Curry said that his research had shown that in domestic violence cases, Black men would stay in situations of abuse, or they would not report victimization. \u201cThey fear that the police or the criminal justice system or society is going to view them as the perpetrator and they\u2019ll be criminalized even harsher than the kinds of abuse and violence that they suffer,\u201d Curry said. When Black men report that they have been victimized by others, \u201cdifferent stereotypes activate\u201d, Curry added lot of racists would say, \u2018No, he was really the aggressor, he tried to rape me wouldn\u2019t rape a man. It wasn\u2019t me. This person was violent or aggressive, or he\u2019s a drug dealer, a thief.\u2019 \u201cAll these racial stereotypes are utilized to undercut the credibility of Black men who are victims in ways that other groups don\u2019t have to deal with,\u201d he said. Conditions that enable abuse Attorney Stephen Estey told that Anderson was easily able to take advantage of his victims. \u201cSome of these men, they came from the inner city [which had] not the best healthcare in the back of the day,\u201d Estey, who represents some 80 survivors, said. \u201cSome of them never had a physical [examination], and so they didn\u2019t know what a physical should have been. And Dr. Anderson would tell them, if you want to play football, it\u2019s part of the process,\u201d Estey told CNN. Wanzo said that a nationwide commitment to protecting athletic programs \u201cparticularly 2/21/25, 7:05 University of Michigan students say they were sexually abused by Robert Anderson. An ex player wants their stories to be hea\u2026 9/18 Wanzo said that a nationwide commitment to protecting athletic programs particularly makes Black people vulnerable in the because they are disproportionately often in some of these programs.\u201d Anderson first served as a University Health Services doctor and was moved to the Athletic Department in 1981 after \u201ccredible reports of misconduct\u201d were relayed to the then Assistant Vice President of Student Services Thomas Easthope in late 1978 or 1979, according to the WilmerHale report. \u201cThe fact that they switched him out of general care to the athletic program as if they [athletes] were sort of disposable people says a lot about how the institution thought about how to deal with the problem person: they value athletics as institution, but the people who participate in athletics and make some money are disposable.\u201d Vaughn told that there are a \u201cnumber of dynamics\u201d aside from race that help perpetuate \u201cthis culture of abuse in sport think it is the athlete\u2019s dedication to this specific sport, and the overwhelming trust that they tend to have in their coaches and trainers because of the focus that it takes to be successful in sport,\u201d Vaughn said. Coaches and medical staff are often the most powerful people in a child and student athlete\u2019s life, he added. If sports create the perfect conditions for abuse, then institutions are failing to regulate themselves, survivors say. \u201cIt\u2019s really the institutions that are protecting their brands, and the position that they hold within that sport, because they really want that sport to be a catalyst for their financial gain instead of taking concern about their sports doctors who are actually predators,\u201d Gonczar, a gymnast who was treated by Nassar for 15 years, and who estimates that she was molested some 856 times, said number of the women said they had reported Nassar\u2019s abuse previously but that the systems of authority, including Gymnastics, the Olympic and Paralympic Committee and Michigan State University, did not take their concerns seriously. \u201cAbsolutely not enough has changed,\u201d Gonczar said. \u201cIn the it\u2019s taking so long to just simply get these big institutions to be aware and to be willing to be accountable and transparent, and to have people in the leadership roles that are willing to facilitate that,\u201d Gonczar warned. 2/21/25, 7:05 University of Michigan students say they were sexually abused by Robert Anderson. An ex player wants their stories to be hea\u2026 10/18 Campus abuse between students ongoing issue The University of Michigan finalized a new sexual and gender based misconduct policy in September, but critics say abuse and assault between students and by university staff still isn\u2019t being dealt with well enough. Vaughn said that since he has been protesting, he has been approached by students who have told him of their own experiences of sexual assault and abuse at the university. There were 157 allegations of sexual assault reported to the University\u2019s Office for Institutional Equity (OIE) from July 1, 2019 through June 30, 2020, according to its yearly report. The University\u2019s Division of Public Safety and Security, which records incidents reported to the DPSS, law enforcement agencies and campus security authorities, described 18 on campus rapes and 31 reports of fondling not associated with Anderson in 2020. Some 106 reports of sexual assault were made to the University\u2019s Sexual Assault Prevention and Awareness Center (SAPAC) in 2020, down from 151 in 2019 and 168 in 2018. 2/21/25, 7:05 University of Michigan students say they were sexually abused by Robert Anderson. An ex player wants their stories to be hea\u2026 11/18 Vaughn says he has spoken to students who feel harrassment is still a problem at the university. Bill Pugliano/Getty Images There were 77 reported instances of sexual harassment and 57 reports of stalking, according to the University\u2019s Division of Public Safety and Security, which provided the data as \u201cadditional information regarding crime reports on campus.\u201d Campus enrollment in 2019 stood at 48,090 students, and 47,907 enrolled in 2020. \u201cAll the reporting agencies within the university have essentially failed all the students and all the student athletes, because they\u2019ve done nothing to support in any consistent manner, or protect in any consistent manner,\u201d Vaughn said. \u201cProfessors have said if you support or even help report a student\u2019s standpoint, it\u2019s like a career suicide,\u201d he added. Some 42.4 percent of Michigan students said they had experienced at least one type of harassing behavior since entering school, and more than a quarter (26.9 percent) of undergraduate women reported nonconsensual sexual contact, according to a campus climate survey regarding sexual misconduct. Out of women who say they experienced harassment, 8.9 percent of Michigan undergraduates reported the person was a teacher, advisor, boss, supervisor, or co-worker compared to an average of 4.8 percent of undergraduates and across the 33 schools surveyed in the overall survey, which looked at responses from a total of 181,752 students from 33 colleges and universities. Some 31.8 percent of graduate or professional Michigan students reported their harasser to be a teacher, advisor, boss, supervisor, or co-worker, compared to an average 16.5 percent in the overall survey. 2/21/25, 7:05 University of Michigan students say they were sexually abused by Robert Anderson. An ex player wants their stories to be hea\u2026 12/18 Vaughn has slept in a tent and later, a trailer, to protest at the University over issues of sexual abuse and assault. Courtesy Jon Vaughn Vaughn has been protesting through harsh conditions at the University of Michigan. Courtesy Jon Vaughn The overall survey found that the 33 schools surveyed, more than half of undergraduate women (59.2%) and transgender, genderqueer, and non-binary students (65.1%) reported experiencing at least one harassing behavior speak to a lot of students, many of them feel like with the assaults that have happened to them, that the university has not been able to deal with it properly,\u201d Charlie Kolean, chairman 2/21/25, 7:05 University of Michigan students say they were sexually abused by Robert Anderson. An ex player wants their stories to be hea\u2026 13/18 of Michigan Students Against Sexual Assault told CNN. \u201cTypically, a case will not be criminally referred. And additionally, a lot of survivors from assault, they don\u2019t want to go through the university\u2019s process reporting the assault, because it is fairly arduous,\u201d he added. Emma Sandberg, a former student and founder of activism group Roe v. Rape told CNN: \u201cOverall, it is very difficult to be a survivor at of M. The sexual assault prevention center doesn\u2019t provide any real resources, university leadership has engaged in sexual misconduct themselves, and those who go through the all-consuming Title process are traumatized by it and rarely receive justice, support, or validation. \u201cWe need a supportive center for survivors, not just a preventative one, and we need more effective prevention methods at all levels,\u201d Sandberg, who graduated in in 2021, said. In addition to Anderson, at least five current and former university professors and officials have faced accusations of sexual harassment or abuse in the last few years. In a statement to CNN, Rick Fitzgerald, associate vice president of Public Affairs and Internal Communications at the University of Michigan said: \u201cWe encourage every incident of misconduct to be reported and we take action,\u201d pointing towards the university\u2019s annual report for further details has a 30-year history of supporting and advocating for survivors of sexual misconduct, through a range of supportive services, based on individual needs,\u201d he said, pointing towards the university\u2019s confidential resources for students and staff. He added: \u201cThe University of Michigan always has taken sexual misconduct seriously and we have been increasing our efforts steadily,\u201d and that a Sexual Assault Prevention and Awareness Center has been on campus for almost 40 years. Fitzgerald added that any case that involves criminal behavior is \u201cfirst turned over to police and the investigation is put on hold so that criminal activity can always be addressed first.\u201d Vaughn wants the university to overhaul its approach to misconduct. \u201cYou cannot only celebrate parts of your history, you must deal with your entire history in order to root it out and change that culture,\u201d he said. \u201cBecause the longer you ignore it, the more you perpetuate it and the more it empowers other predators, because they\u2019re watching the lack of discipline, or consequences for serial 2/21/25, 7:05 University of Michigan students say they were sexually abused by Robert Anderson. An ex player wants their stories to be hea\u2026 14/18 predators and rapists that then gives others the green light to make those decisions and prey on young men and young women.\u201d Co-lead class counsel attorney E. Powell Miller told his team is seeking \u201cclass action relief for reforms, policies and procedures to prevent an Anderson problem from occurring again.\u201d Attorney Jonathan Selbin, co-lead class counsel in a class action suit against the University, told CNN: \u201cWhile paying money to the victims is a critical first step of must also commit to system-wide changes that bring all of the stakeholders together to reform the campus and institutional culture and prevent abuses like this from ever occurring again.\u201d Vaughn wants the university to create programs that empower students to report instances of sexual violence, and strengthen mechanisms to protect students. Last July, the university announced revisions to how it will address sexual misconduct, including the creation of a new office with \u201csignificant\u201d new resources for support, education and prevention. The office was launched in August knew that there was nothing that could do in my protest to change what happened to me. But we could uncover the truth here at Michigan, and also make this place safer for now, and in the future, so that these atrocities don\u2019t continue to happen,\u201d Vaughn said. \u201cWe want to change the narrative, as well as the culture. So until that\u2019s done won\u2019t be leaving.\u201d Up next Trump\u2019s antisemitism order leaves colleges uncertain and bracing for crackdown 7 minute read Seven men have been charged in connection with nationwide burglaries of professional athletes\u2019 homes 3 minute read Alleged burglars targeted pro athletes and evaded authorities for months \u2014 until they took a selfie 6 minute read 2/21/25, 7:05 University of Michigan students say they were sexually abused by Robert Anderson. An ex player wants their stories to be hea\u2026 15/18 6 ute ead Executive order banning trans service members has \u2018unadulterated animus\u2019 toward members of the community, judge says 3 minute read Does Brian Laundrie\u2019s mom risk criminal charges over her \u2018burn after reading\u2019 letter? Here\u2019s what legal experts say 7 minute read Most read 1 congressman faces criticism and several boos at Georgia town hall 2 Pentagon announces it plans to fire 5-8% of civilian workforce 3 Singer Chantal Kreviazuk changes lyrics of Canadian anthem at hockey game after Trump\u2019s 51st state remarks 4 Steve Martin says Martin Short and Maya Rudolph are proof \u2018the 50th Covid curse is real\u2019 5 Dow tumbles more than 700 points as inflation and tariff fears mount 6 Trump wants to shake up the Postal Service. Here\u2019s what it\u2019ll mean for your deliveries. 7 Target is getting hit from all sides on 8 The Ukraine minerals deal is a perfect metaphor for Trump\u2019s foreign policy 9 Trump\u2019s antisemitism order leaves colleges uncertain and bracing for crackdown 10 Judge vacates upcoming Eric Adams corruption trial but appoints conservative attorney to argue against dropping the case 2/21/25, 7:05 University of Michigan students say they were sexually abused by Robert Anderson. An ex player wants their stories to be hea\u2026 16/18 Sign in World Politics Business Markets Health Entertainment Tech Style Travel Sports Science Climate Weather Ukraine-Russia War Israel-Hamas War Features Watch Listen Ab t Search CNN... Live Listen Watch 2/21/25, 7:05 University of Michigan students say they were sexually abused by Robert Anderson. An ex player wants their stories to be hea\u2026 17/18 About Sports Terms of Use Privacy Policy Cookie Settings Ad Choices Accessibility About Newsletters Transcripts \u00a9 2025 Cable News Network Warner Bros. Discovery Company. All Rights Reserved Sans \u2122 & \u00a9 2016 Cable News Network 2/21/25, 7:05 University of Michigan students say they were sexually abused by Robert Anderson. An ex player wants their stories to be hea\u2026 18/18", "7328_108.pdf": "12, 2024 Dr. Anderson University of Michigan Sex Abuse Lawsuit by Ronald V. Miller, Jr. For over 3 decades, Dr. Robert Anderson sexually abused countless students and patients at the University of Michigan, while administrators did nothing. In 2023, the University agreed to a $490 million settlement to resolve claims by some of Dr. Anderson\u2019s former victims. Although the deadline to participate in this settlement has now expired, Michigan may be passing a new law that will give more of Dr. Anderson\u2019s victims the change to bring their own claims and get financial compensation CONTENT: Michigan Sex Abuse Lawsuits Michigan Personal Injury Settlement Amounts Dr. Robert Anderson\u2019s Sexual Abuse at University of Michigan Dr. Robert Anderson worked as a university health services physician at the University of Michigan from 1967 to 2003. Dr. Anderson had many roles at the University during his career, including director of its health service, team physician for the athletic department and a clinical instructor at the university\u2019s medical school. Dr. Anderson passed away in 2008. In May 2021, the University published an independent investigation report revealing that Dr. Anderson had sexually abused and exploited thousands of students. During his time at the school, Dr. Anderson subjected countless students to invasive exams, including unnecessary genital and rectal examinations, earning the nickname \u201cDr. Drop Your Drawers.\u201d Most of his victims were male student-athletes from football, track and wrestling. Evidence has emerged which showed that officials at the University of Michigan were aware of Dr. Anderson\u2019s misconduct, but failed to terminate him or do anything about it. In fact, when Dr. Anderson\u2019s actions were initially reported to Vice President at the University, Dr. Anderson was transferred to the athletic department instead of fired. This transferred actually gave Dr. Anderson a new platform to continue his sexual abuse. If administrators at the University had taken reports more seriously, many student victims could have been spared. $490 Million Settlement Free Case Evaluation: 800-553-8082 2/21/25, 7:06 Dr. Anderson University of Michigan Sex Abuse Lawsuit \u2014 Lawsuit Information Center 1/3 \u00ab Previous | Home | Following the release of the investigation report, a group of over 1,000 former student-victims of Dr. Anderson filed a lawsuit against the University of Michigan for negligently failing to protect them. In January 2022, the University agreed to a $490 million settlement to resolve that lawsuit. The $490 million settlement included $430 million to be paid to the group of over 1,000 former students who were named as plaintiffs in the lawsuit. Another $30 million was set aside to cover additional, future claims by victims of Dr. Anderson who were not named in the lawsuit but who filed claims by October 2023. Victims of Dr. Anderson Can Still File Lawsuits If you were a victim of Dr. Anderson, it is not too late to file your lawsuit against the University of Michigan and seek financial compensation. The deadline for participating in the $490 settlement has already passed. However, many victims of Dr. Anderson were not included in that settlement and did not get a chance to participate in the lawsuit. There is nothing preventing these victims from coming forward now and filing their own claims against the University for negligently failing to protect them from the abuse of Dr. Anderson. Potential Settlement Value of Dr. Anderson Sex Abuse Claims The settlement value of sexual abuse lawsuits depends on a variety of factors, including the extent and severity of the abuse, the strength of the evidence proving that the abuse happened, and the financial resources of the third party defendant. In this case, we have a very good idea of what the potential settlement value of future Dr. Anderson sex abuse claims might be based on the compensation victims received under the recent $490 million settlement. The $460 million in settlement funds was not divided evenly among the 1,050 claimants. Instead, the plaintiffs worked out a ranking system to determine how much compensation each individual plaintiff received, based on the severity of the abuse they suffered. However, if you average out the $460 million among the gross number of claimants, it works out to just under $400,000 per victim. This means that plaintiffs at the top end of the settlement tier probably got around $600,000-$800,000, while victims at the lower end of the settlement tier probably received a settlement payout of around $100,000 to $275,000. Unfortunately, the settlement payout value for future claims by victims of Dr. Anderson will likely be somewhat lower simply because they are taking a second bite at the apple. Contact Us About Dr. Anderson Sex Abuse Lawsuits If you were subjected to sexual abuse by Dr. Robert Anderson at the University of Michigan between 1967 and 2003, and you did not already participate in the recent $490 million settlement, you may be eligible to bring your own sex abuse lawsuit and get compensation. Contact us today at 800-553-8082 or contact us online for a free case evaluation. Posted in: Michigan and Sex Abuse Free Case Evaluation: 800-553-8082 2/21/25, 7:06 Dr. Anderson University of Michigan Sex Abuse Lawsuit \u2014 Lawsuit Information Center 2/3 Personal injury lawyers handling serious personal injury truck and auto accident, medical malpractice and products liability cases throughout the United States. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Copyright \u00a9 2013 \u2013 2025, Miller & Zois Law Firm Blog Design Free Case Evaluation: 800-553-8082 2/21/25, 7:06 Dr. Anderson University of Michigan Sex Abuse Lawsuit \u2014 Lawsuit Information Center 3/3", "7328_109.pdf": "Robert E. Anderson September 16, 2022 University finalizes settlement in Anderson cases January settlement between and attorneys for more than 1,000 claimants who alleged abuse by the late physician Robert E. Anderson has been approved by all parties and finalized. August 3, 2022 Ruling paves way for new programs targeting sexual misconduct federal district judge has approved a settlement in a class-action lawsuit that creates a broadly representative team designed to further protect the community from sexual misconduct. March 24, 2022 New team to further protect university community from sexual misconduct and attorneys representing plaintiffs in a class-action lawsuit have agreed to settle claims in the case with the creation of a broadly representative team designed to further protect the university community from sexual misconduct. January 19, 2022 reaches $490 million settlement with Anderson plaintiffs and attorneys for claimants who have alleged abuse by the late physician Robert E. Anderson have reached a settlement agreement that would resolve all of those survivors\u2019 claims against the university. May 11, 2021 Report officials overlooked \u2018destructive pattern\u2019 of misconduct 2/21/25, 7:06 Robert E. Anderson | The University Record 1/3 An investigation into the allegations of sexual misconduct by former physician Robert E. Anderson found he engaged in a \u201cpervasive, decades-long, destructive pattern of sexual misconduct\u201d involving hundreds of students. June 16, 2020 reaching out to former students in Anderson case will send a message to more than 300,000 former students asking them to share information that may be helpful to an independent investigation into allegations of sexual misconduct by the late Robert E. Anderson. April 28, 2020 University will create process for resolving Anderson claims will develop a process outside the court system to address claims of sexual misconduct brought forward by former patients of the late physician Robert E. Anderson. The goal is \u201cmore certain, faster relief\u201d for those who have come forward. April 7, 2020 contacting former student-athletes in Anderson case is reaching out to thousands of former student-athletes who may have been patients of the late team physician Robert E. Anderson, asking them to talk with independent investigators. March 24, 2020 hires WilmerHale to handle Robert E. Anderson investigation The WilmerHale law firm will take over the independent investigation into allegations of sexual misconduct regarding the late Robert E. Anderson, who worked as a physician for from the 1960s to 2003. March 6, 2020 New statement regarding reports of misconduct by Robert E. Anderson \uf360 2/21/25, 7:06 Robert E. Anderson | The University Record 2/3 The Board of Regents and President Mark Schlissel say they are \u201cprofoundly grateful to our courageous alumni who have stepped forward to hold our University accountable\u201d in the sexual misconduct case of the late physician Robert E. Anderson. 2/21/25, 7:06 Robert E. Anderson | The University Record 3/3", "7328_110.pdf": "Robert Anderson: University of Michigan reaches sex abuse settlement 19 January 2022 Share Save Getty Images Campaigners held a vigil for victims last year in Ann Arbor The University of Michigan has agreed to pay $490m (\u00a3360m) in damages to more than 1,000 mostly male former students who say they were sexually abused by sports doctor Robert Anderson. Lawyers announced the settlement after 15 months of negotiations over accusations dating back to the 1960s. One said he thought the settlement would bring \"justice and healing\". Anderson, who died in 2008, is said to have abused victims during routine medical examinations police investigation launched in 2018 said no charges could be filed because Anderson was dead and none of his alleged crimes fell within the state's six-year statute of limitations. In 2020, University of Michigan president Mark Schlissel apologised on behalf of the university to anyone harmed by the doctor. Last year, an independent report commissioned by the university found that over Anderson's career there, from 1966 to 2003, staff had missed many opportunities to Home News Sport Business Innovation Culture Arts Travel Earth Audio Video Live Register Sign In 2/21/25, 7:06 Robert Anderson: University of Michigan reaches sex abuse settlement 1/3 Related More stop him. Under the settlement, some 1,050 people will get a share of the $490m, with $30m set aside for any future accusers. \"It has been a long and challenging journey and believe this settlement will provide justice and healing for the many brave men and women who refused to be silenced,\" said the victims' lawyer, Parker Stinar. Many of the allegations against Anderson involved unnecessary rectal and testicular examinations. Former members of the university's famous American football team, the Wolverines, are among those who accused him of abuse. One of them, Gilvanni Johnson, told a news conference last year: \"Because of my experience at Michigan did not trust doctors had trust issues, relationship issues and intimacy issues.\" In 2018, another college in the state, Michigan State University, agreed to pay $500m in a settlement with hundreds of women abused by disgraced gymnastics doctor Larry Nassar, who is in prison for his crimes. Victims' father attacks Larry Nassar in courtroom Nassar abuse victims get $500m settlement Michigan United States Burst pipe submerges parts of Detroit in icy water 3 days ago & Canada Incredible escape as lorry smashes fire truck on icy highway 13 Dec 2024 & Canada reporters on story of the night in swing states 6 Nov 2024 & Canada Just now Trump replaces highest-ranking military officer In a Truth Social post, Trump said Chairman of the Joint Chiefs of Staff Brown was leaving. Just now & Canada 1:30 Contains strong language. 2/21/25, 7:06 Robert Anderson: University of Michigan reaches sex abuse settlement 2/3 Follow on: Terms of Use About the Privacy Policy Cookies Accessibility Help Contact the Advertise with us Do not share or sell my info Contact technical support Copyright 2025 BBC. All rights reserved. The is not responsible for the content of external sites. Read about our approach to external linking. 16 mins ago 18 things Trump and his team did this week In his fifth week in office, Trump called Zelensky a dictator, sought more federal civil service cuts and dropped in on Nascar. 16 mins ago & Canada 17 mins ago Trump administration to cut thousands of jobs at Pentagon and The cuts targeting mostly new and recently promoted workers are part of the administration's push to shrink the federal work force. 17 mins ago & Canada 20 mins ago Are planes crashing more often recent flurry of air disasters have made some people worried about flying - but are crashes on the rise? 20 mins ago & Canada 2 hrs ago French far-right leader cancels speech, accusing Bannon of 'Nazi' gesture Former top Trump adviser Steve Bannon denies making Nazi salute at and says Jordan Bardella is \"unworthy to lead France\". 2 hrs ago & Canada Home News Sport Business Innovation Culture Arts Travel Earth Audio Video Live Weather Shop in other languages 2/21/25, 7:06 Robert Anderson: University of Michigan reaches sex abuse settlement 3/3"} |
8,936 | Tyehimba Kokayi | California State University - Sacramento | [
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8,226 | Tyson Chappell | Utah State University – Eastern | [
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] | {"8226_101.pdf": "\uf111 \uf111 Deseret News Deseret Magazine Latest Politics Utah \uf0d7 Sports \uf0d7 More Utah State University Eastern professor put on administrative leave following sexual harassment allegation Following allegations of sex-based discrimination and sexual harassment, a professor at Utah State University Eastern in Price has been placed on administrative leave. Published: Aug 27, 2019, 5:31 p.m By Erica Evans \u2014 Following allegations of sex-based discrimination and sexual harassment that the Deseret News reported earlier this year, a professor at Utah State University Eastern in Price has been placed on administrative leave, university spokesperson Tim Vitale confirmed on Tuesday. Tyson Chappell is a professor of biology who taught anatomy and physiology classes at the university student tutor who who worked closely with Chappell for several years This photo of biology professor Tyson Chappell was published online by the Eastern Eagle in March of 2012 Eastern Eagle told the Deseret News that enrolled students were notified that Chappell will not be teaching this semester and instead their classes will be broadcast from another campus. Vitale would not say how long the administrative leave will last or whether the action was in direct connection to Title reports. Title is a federal law aimed at protecting students at universities from sex-based discrimination. \u201cTitle reports are private, so the university cannot release those,\u201d Vitale said. \u201cAnd we cannot discuss personnel matters.\u201d Chappell could not immediately be reached for comment. This is the latest in a series of actions Utah State University has taken since last year that involve faculty members accused of misconduct. Colleges across the country have grappled with how to keep students safe while being fair to teachers who face allegations of sex-based discrimination. In April, the Deseret News reported that a female student who said she was sexually harassed by Chappell waited nearly two years to receive a draft report of the school\u2019s findings. The university took 10 months to respond to a complaint filed by a male student who said he was discriminated against by the same professor. Alison Adams-Perlac, director of Utah State University\u2019s affirmative action and equal opportunity office, which handles Title complaints, told the Deseret News that a leadership transition was to blame for the delays. The university reorganized the office and made multiple staff changes in the wake of an investigation last year that found discrimination and sexual misconduct had gone unchecked for decades within the piano department in Logan. While the school found no evidence of discrimination against the male student, who claimed Chappell gave special attention to attractive women in the class, the school found, based on a preponderance of evidence standard, that the professor \u201csexually harassed\u201d the female student while she was enrolled in his anatomy and physiology class in the spring of 2017. The school\u2019s findings cited text messages that were sexual in nature and frequently included invitations for the student to meet him alone in his View Comments office, as well as the professor\u2019s own admission that he hugged the student and held and caressed her hand. The school issued reports to both students shortly after being contacted by the Deseret News am very relieved,\u201d said the male student in response to the news that Chappell has been placed on administrative leave. The student will continue his nursing degree online through Nightingale College. \u201cFinally, the university did the right thing.\u201d InDepth deeper dive into key issues in Utah and around the country, including investigations, profiles and solutions- based journalism. Email Address By signing up, you agree to our Privacy Notice and European users agree to the data transfer policy. Looking for comments? Find comments in their new home! Click the buttons at the top or within the article to view them \u2014 or use the button below for quick access Most Commented How Democrats are plotting to regain power in 2026 456 Perspective: Why progressives are changing their tune on marriage and fatherhood 311 Opinion: American society needs a return to kindness 225 Sen. Mike Lee criticizes court ruling as Trump deports Tren de Aragua members to El Salvador 150 Gov. Spencer Cox: Education is a state (not the fed\u2019s) responsibility. 98 Copyright \u00a9 2025 Deseret News Publishing Company. All Rights Reserved Terms of Use \u2022 Privacy Notice Notice of Collection \u2022 Cookie Policy \u2022 Cookie Preferences", "8226_102.pdf": "\uf111 \uf111 Deseret News Deseret Magazine Latest Politics Utah \uf0d7 Sports \uf0d7 More \uf0d7 \uf002 Report ad Hear Clear Residents In Canada Eligible For Hearing Aids If They're Born In Discrimination case delayed, sexual harassment report forgotten in Title staff transition at Utah State University female student who said she was sexually harassed by professor Tyson Chappell waited nearly two years to receive a draft report of the school\u2019s findings. Published: April 5, 2019, 10:58 a.m Utah State University Eastern's main campus is located in Price, Utah. The school operates under the direction of Utah State University, headquartered in Logan, Utah, and offers more than 60 degree programs, including 23 bachelor's Report ad By Erica Evans \u2014 Utah State University representatives said staff changes are to blame for delays on two reports addressing allegations of discrimination and sexual harassment against a biology professor at Utah State University Eastern in Price. The school\u2019s policy says reports regarding sex-based discrimination should be completed by the affirmative action and equal opportunity office within 60 days. But a complaint filed by a male student who said he was discriminated against by 43-year-old professor Tyson Chappell took 10 months to be answered female student who said she was sexually harassed by the same professor waited nearly two years to receive a draft report of the school\u2019s findings. The school found no evidence of discrimination against the male student, who claimed the professor gave special attention to attractive women in the class. However, the school found, based on a preponderance of evidence standard, that the professor \"sexually harassed\" the female student while she was enrolled in his anatomy and physiology class in the spring of 2017, citing text messages that were sexual in nature and frequently included invitations for the student to meet him alone in his office, as well as the professor\u2019s own admission that he hugged the student and held and caressed her hand. The professor has a right to appeal the decision released to the student in a draft report of the findings before a final report is issued. degrees. Utah State University Tyson Chappell is an associate professor of biology at Utah State University Eastern in Price. Chappell would not comment on specific allegations but said in an email to the Deseret News fully support a student\u2019s right to make these accusations if they are willing to go through the legitimate procedures and protocols established at Utah State University have full confidence in the school to handle such cases and concerns respectfully, properly and ethically.\u201d The university reorganized the office that handles discrimination and harassment complaints and made multiple staff changes in the wake of last year\u2019s investigation into allegations of unchecked discrimination and sexual misconduct within the piano program. At the same time, the school has been under federal investigation by the Department of Justice for the past two years regarding its handling of alleged sexual misconduct. Colleges across the country are grappling with the best way to handle complaints about violations of Title IX, a federal law aimed at protecting students at universities from sex- based discrimination. According to the Chronicle of Higher Education, there are 305 open Title investigations being conducted by the Department of Education at colleges and universities across the United States, including at the University of Utah, Brigham Young University and Utah Valley University. | Utah State University In an email to the female student on March 22, director of the affirmative action and equal opportunity office Alison Adams-Perlac wrote, \u201cThe Office has been in a leadership transition for the past year. When a recent records request was made in this case, we realized that, although we had completed an investigation, we had not yet issued a report of our findings.\u201d The draft report of findings issued to the male student on March 13 cited the 60-day rule, but said, \u201cthe director may adjust deadlines upon good cause. In this case, there was good cause to depart from timelines as the office underwent leadership changes and was understaffed for the majority of the investigation.\u201d Both reports were issued shortly after the school was contacted by the Deseret News. Utah State University spokesperson Tim Vitale said decisions about disciplinary action are only made after the investigation and appeals process is completed and a final report has been filed. \u201cBecause the report only recently went out and is technically still a draft, that process is still unfolding,\u201d Adams-Perlac wrote in an email to the female student. \u201cOnce the written response period ends will be sharing the final report with Tyson\u2019s department so that appropriate action can be taken to address his behavior.\u201d Since the alleged sexual harassment took place in the spring of 2017, Chappell has continued to teach at the university. His anatomy and physiology classes are required for multiple health-related degree programs, including nursing. In December of last year, the professor announced publicly on Facebook his relationship with a woman who was a student in his spring 2018 class. Previously, in a May 2018 complaint letter sent to the university affirmative action and equal opportunity office, the male student accused Chappell of flirting with that woman during class to the point that it was distracting. Two other students in that class told the Deseret News they noticed the behavior and thought it was inappropriate. In his May 2018 complaint letter, the male student also alleged that Chappell \"liked\" photos of students on social media and sent emails to his female study partner that made her uncomfortable. The emails, reviewed by the Deseret News, contained comments such as, \u201cYou\u2019re such an amazing student and person... You\u2019re really amazing,\u201d and love that you are in my classes.\u201d The female study partner told the Deseret News she was uncomfortable with the emails and likes on her Instagram photos because her male study partner did not receive the same attention feel vulnerable as a female, and have no drive to go to class,\u201d another one of Chappell\u2019s students told the Deseret News make sure to never go to his classroom or office alone.\u201d In its draft findings report, the school said there was no evidence of gender-based discrimination against the male student after reviewing three of his exams and evaluating grade adjustments made by the professor during the prior four semesters. The report did not draw any conclusions about the male student\u2019s allegations of flirtation. \u201cPlease consider how easy it is for anyone to make allegations without evidence,\u201d Chappell told the Deseret News, noting that the classes he teaches are very difficult and students who don\u2019t do well may be motivated to \u201csay such horrible things.\u201d After receiving the report, the male student said he filed a complaint with the Department of Education saying the school did not investigate thoroughly enough and the 10-month delay allowed Chappell to retaliate with his own claims that the student stalked and blackmailed him, allegations which the student denies. Vitale said student records, including complaints against professors, are private under federal law, and therefore the school cannot comment on individual cases and Title address issues of discrimination. We have extensive processes for grievances, for appeals, for chain-of-command, for channels to complain, open-door- policies at multiple levels,\u201d said Vitale. \u201cIn general terms \u2014 which are important to understand \u2014 sometimes cases can become extremely complicated as new claims and serious new counterclaims can continue to come forward hostile learning environment\u2019 When the female student enrolled in Chappell\u2019s anatomy and physiology class more than two years ago, she was 20 years old. At the time, Chappell was 41 years old and married. The student and her professor started sending each other frequent emails and Facebook messages, first about questions she had from the class. Soon however, the conversations became personal. The student and her professor talked about music, drugs, the student\u2019s mental health struggles and pornography. The Deseret News reviewed messages between the student and her teacher during the spring 2017 semester and found many examples of sexual suggestions and innuendos as well as comments about the student\u2019s appearance. According to a draft report of findings, Chappell told an investigator that there was a \u201cfantasy element\u201d to his conversations with the student, but he was not pursuing a sexual relationship with her. In the messages, Chappell said repeatedly, \"I'd like to help you succeed in class anyway possible,\" and constantly invited her to visit his office for extra help. \"I'm your professor, but for certain things I'd rather you think of me as a friend,\" he said in one message mean already don\u2019t think of you as just a student. So you\u2019re not that, but that is one thing that you are to me. Get it?\u201d he wrote in another. The female student told the Deseret News she was initially flattered that Chappell was being so attentive, but later felt pressure to continue engaging with him so she could do well in the class would also like to pass these next exams, and would also like an answer to the second half of my last question,\u201d the student wrote in a message to Chappell on April 11, 2017. \u201cWill you keep the conversation appropriate and will you keep your hands to yourself this time?\u201d Utah State University defines sexual harassment as \u201cany sexual attention that is unwanted\u201d including comments about a person\u2019s body or clothing, unwelcome touching, giving letters and subtle pressure for sexual activity among other things. Based on a preponderance of evidence standard, meaning it is more likely than not that harassment occurred, the school determined in its draft report that the professor\u2019s \u201cverbal, written, and physical conduct was unwelcome and sexual in nature, and it created a hostile learning environment.\u201d Lisa Anderson, executive director of Atlanta Women for Equality, a nonprofit that provides free representation to women who have faced sex discrimination at school, said that if it appears a professor is flirting with students or favoring students based on their gender and attractiveness, it can create a sexually hostile environment for everyone else in the class and can interfere with students\u2019 education. \u201cThe school is legally required to respond promptly and equitably to abuses of power,\u201d Anderson said. According to the student, after she reported the alleged harassment, she was interviewed by an investigator. She said the school\u2019s Title coordinator at the time, Stacy Sturgeon, offered to allow her to retake the class online, but she had already passed and didn\u2019t feel it was necessary. She said that when she chose to take another class from Chappell last summer instead of driving to a different campus, Sturgeon told the student to stay in touch about concerns. The student ended up dropping the class, in part because she was not prepared and in part because she was uncomfortable being around Chappell, she said. \u201cBeing a professor with very difficult classes have been accused of any number of discrepancies,\u201d Chappell told the Deseret News. \u201cWhen read these cruel complaints about me there is a very high probability that they are coming from students that didn\u2019t want to put the time in to studying, so am the bad guy.\u201d In November, the student sent an email that was never answered to Sturgeon asking for an update on her case. Before the student spoke to the Deseret News in March, she did not know Sturgeon had been removed from her position as Title coordinator following the investigation into allegations of gender discrimination and sexual misconduct within the school\u2019s piano program. The school is legally required to respond promptly and equitably to abuses of power. \u2013 Lisa Anderson, executive director of Atlanta Women for Equality Sturgeon told the Deseret News she left the university in May 2018 and declined to comment further. According to Title experts such as Daniel Carter, president of Safety Advisors for Educational Campuses, when a student makes a claim about sexual harassment or sex- based discrimination, the school is required to investigate and come up with a finding as to whether such occurred. During the investigation process, the school is supposed to provide ongoing notice to the complainants and appraise them of reasons for delays. If investigators determine harassment or discrimination did occur, the school is required to intervene and eliminate the inappropriate behavior, and regardless of findings, the school should provide accommodations to help students complete their education. There is no specific criteria for firing or disciplining a member of the faculty, according to Carter, but schools typically choose to terminate a faculty member when that person has repeatedly abused their teaching authority and the school has calculated that removing the teacher is the best way to remedy the situation, Carter said. After this story was posted online, Vitale issued the following statement: \u201cWe deeply regret how long it took to produce those reports, and we have recently taken many significant steps to prevent delays from happening again has more than doubled the size of the Title office and resources. We\u2019ve added a prevention specialist, a new Title coordinator, and a new executive director of the office that oversees Title IX,\" Vitale said. \"We are also now working to hire a person to provide support for those involved in the Title process. The staff has been working double time to improve processes for Title and discrimination complaints and to resolve outstanding cases. We are on track now to prevent these kinds of delays from happening again.\u201d InDepth deeper dive into key issues in Utah and around the country, including investigations, profiles and solutions- based journalism. Email Address By signing up, you agree to our Privacy Notice and European users agree to the data transfer policy. 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8,978 | Anthony Williams Jr. | Michigan State University | [
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Williams is the second high-profile administrator to be allowed to enter into a voluntary resignation agreement following issues with MSU\u2019s policy on Relationship Violence and Sexual Misconduct this academic year. In August 2022, then-business college dean Sanjay Gupta was asked to resign for failing to report an incident of misconduct by a member of his staff. While at a hotel bar, Williams engaged in a \u201clevel of consumption of alcohol which led to disruptive behavior,\u201d and had \u201cinteractions with a female delegate that was perceived as unwanted.\u201d Williams was removed by \u201csecurity staff,\u201d according to a letter from Williams\u2019 supervisor, which cited witness 2/21/25, 7:07 Dean of Students resigned after drunken misconduct, records show - The State News 1/5 interviews conducted by Human Resources. The letter, authored by Vice President of Student Life and Engagement Vennie Gore, said Williams\u2019 conduct was especially disappointing given his responsibilities with reporting and regulating substance use and sexual misconduct amongst the students he oversaw at MSU. Gore wrote the behavior \u201ccompromises (Williams\u2019) credibility and effectiveness.\u201d Nonetheless, Williams entered into a voluntary resignation agreement with MSU. Gore declined The State News\u2019 request for an interview regarding why he chose to let Williams\u2019 resign instead of opting for termination. The resignation agreement between Williams and asked that he would voluntarily resign on Feb. 3 with the following conditions: Benefits would provide him with three months of transitional pay. According to MSU\u2019s policy, Williams would not be entitled to that benefit had he been terminated for his misconduct instead of being asked to resign. Rights: Williams would waive all rights to sue or in any way \u201cgrieve\u201d the university regarding his employment. Confidentiality: Williams would not be permitted to share the agreement or the contents of the agreement with anyone other than his financial advisors, legal representatives, or immediate family. After his resignation was announced but not explained to his staff, Williams sent them an email apologizing for the department\u2019s \u201cabrupt announcement.\u201d He wrote it was \u201cmy decision to resign, and did so for personal and professional reasons.\u201d Williams then provided an explanation, writing am in the process of pursuing a new opportunity outside of am a finalist in a closed search that is coming to an end.\u201d University spokesperson Emily Guerrant could not confirm whether there was a real closed-search involving Williams. None of the documents obtained by The State News made reference to one. The only response to Williams' explanation came from Director of Fraternity and Sorority Life ShirDonna Lawrence, who wrote that she had \u201cnever felt more supported, heard, or seen by a supervisor,\u201d and pasted a copy of the Robert Frost poem \u201cThe Road Not Taken,\u201d according to a copy of the email obtained by The State News. All of Williams\u2019 direct subordinates either did not return requests for an interview, or referred The State News to Gore, who declined to comment. MSU\u2019s Freedom of Information Act, or FOIA, office initially heavily redacted records of Williams\u2019 misconduct, using an improper application of one of the statute\u2019s exemptions. 2/21/25, 7:07 Dean of Students resigned after drunken misconduct, records show - The State News 2/5 The letter accepting Williams' resignation with the initial redaction obtained by The State News from Michigan State University's Freedom of Information Act office. \u2014 Photo by Alex Walters | The State News The State News appealed that determination, arguing is not entitled to secrecy in employment decisions. In response, the university released another version of the letter to The State News which was less redacted. 2/21/25, 7:07 Dean of Students resigned after drunken misconduct, records show - The State News 3/5 \u201cThe public\u2019s interest in disclosure outweighs any privacy interest by the employee,\u201d the university\u2019s response, authored by Interim President Teresa Woodruff said. The university did deny The State News\u2019 request for the letter\u2019s full contents. It argued that remaining portions of the letter fall under another exemption which protects \u201cnon-factual,\u201d and \u201cpreliminary advisory,\u201d determinations made within public bodies like MSU. 2/21/25, 7:07 Dean of Students resigned after drunken misconduct, records show - The State News 4/5 The letter accepting Williams' after an appeal to previous redactions by The State News. \u2014 Photo by Alex Walters | The State News The remaining redactions include part of sentences describing who alerted the administration to Williams\u2019 conduct at the conference. There is also a redaction obscuring another concern Gore held am further disappointed that you have yet to share with me (redacted) this is a significant breach of trust,\u201d the letter says Stop Information Overload Did Your Mom Ever Make the Paper? Search Newspapers.com Heartwarming Reaction From a Couple Meeting Their Rescue Dog for the First Time The Best Places to Buy College Apparel Make Showing College Pride Too Easy Four Ways Food Banks Are Feeding Kids Right Now Should You Buy an Electric Car? search... sections news sports spotlight opinion classifieds obituaries quick links about advertise board of directors photo reprints privacy policy corrections & archives student positions social alumni contact us email newsletter All Content \u00a9 2025 State News, Inc. Powered by Solutions by The State News. 2/21/25, 7:07 Dean of Students resigned after drunken misconduct, records show - The State News 5/5", "8978_102.pdf": "Take a peek behind the curtain and test drive the StateNews.com today! news / msu administrator got raise, resignation package after incidents Alex Walters May 16, 2024 On a Thursday last September, Michigan State University learned a senior administrator did two things: He pitched a financial quid-pro-quo to a vendor, and he sent a disturbed alum to a campus building where they were later arrested. Days later, the administrator got a five-figure raise, records show. Weeks later, he got a favorable resignation agreement including nearly $50,000 in transitional pay. The deal bears a resemblance to another made months before, when the university learned of sexual harassment by a dean and then offered him a similar exit package. The agreements were overseen and approved by the same person: Vice President of Student Life and Engagement Vennie Gore, who declined requests to be interviewed. Jeff Beavers, the now-former executive director of career services, denies any wrongdoing and insists his resignation was unrelated to the incidents. This account \u2014 based on dozens of university documents and includes interviews with three people involved \u2014 offers a glimpse into how MSU\u2019s top executives react to reports of impropriety by the administrators that run departments and colleges. 2/21/25, 7:07 administrator got raise, resignation package after incidents - The State News 1/7 Former head of career services Jeff Beavers. Courtesy of MSU. Tinkering with a deal Beavers ran the university\u2019s Career Services Network, a wide-reaching department with its own career advisors and employees within MSU\u2019s colleges. The department uses a third-party software called Handshake to manage all of its internship and job postings. The service cost the university about $10,000 a year, according to recent contracts. In August 2023, as Handshake\u2019s contract neared renewal, Beavers told staff that he would like to look at other software. He scheduled competing demos: one with Handshake, and another with rival firm 12Twenty. Beavers told The State News he was attempting to streamline his department's softwares and cut costs. He initially agreed to an interview with The State News to discuss the matter, but canceled at the last minute, opting instead to send a written statement over email. 2/21/25, 7:07 administrator got raise, resignation package after incidents - The State News 2/7 But, three people familiar with the matter say he had an ulterior motive. Before coming to MSU, Beavers was the vice president of another recruitment company, Yello, according to his bio. While there, he and several colleagues obtained a patent for a method of electronically managing recruitment. In the spring of 2023, Beavers began to hear about a new app being offered by Handshake that he believed infringed on that patent, he said. He sent an email to Handshake Garrett Lord in May 2023, making him aware of the alleged patent infringement, according to a copy obtained by The State News. Beavers said he never got a response. Then, in September 2023, amid the competing demos, Beavers and Lord had lunch at People\u2019s Kitchen in Lansing, according to calendars obtained by The State News. At the lunch, Beavers pitched what amounted to a quid-pro-quo, according to the three people with knowledge of the negotiations between Handshake and MSU. They said Beavers told Lord that would renew the contract and ignore the other vendor \u2014 if Handshake favorably resolved Beavers\u2019 patent issue. The people spoke on the condition of anonymity because of ongoing legal correspondence related to the matter. Beavers denied the allegation, saying their retelling of the lunch is \u201can absolute lie\u201d in emails to The State News. While Beavers acknowledged that he and Lord \u201cbriefly discussed the patent,\u201d he said \u201c\u200bin no way did make any statements or place any conditions on the Handshake renewal.\u201d In the weeks after the lunch, Handshake executives attempted to preserve their relationship with while distancing themselves from Beavers. On Sept. 28, 2023, two of the firm\u2019s top executives sent emails to administrators in the Broad College and Beavers\u2019 department, informing them of the situation, according to copies obtained by The State News. They said that they \u201cattempted to resolve this conflict of interest issue with (Beavers) directly\u201d but ultimately \u201chad no choice but to take more formal action to ensure we are operating with integrity,\u201d according to the emails. The firm sent Beavers and a cease-and-desist letter regarding Beavers. They also filed a formal complaint with the university\u2019s Office of Audit Risk and Compliance, records show. What exactly those documents said is unclear refused to release those documents in response to records requests and appeals filed by The State News. Handshake also declined to give them to The State News. Beavers said he no longer had access to the email address where he received the cease-and-desist. 2/21/25, 7:07 administrator got raise, resignation package after incidents - The State News 3/7 In emails about the documents obtained by The State News, Handshake executives said they addressed concerns of bias and demanded that Beavers \u201crecuse himself from this product review and selection process, at a minimum.\u201d The executives also requested 1-on-1 meetings with relevant administrators to discuss the matter further declined, emails show. The bidding process did continue without Beavers, emails show, though it\u2019s unclear if he recused himself or was removed. In some emails, administrators said Beavers was \u201cofficially removed from the process.\u201d In another, someone says they were \u201cglad to see Jeff recused himself voluntarily opened an Audit, Risk, and Compliance investigation into Beavers\u2019 conduct in response to the complaint from Handshake, university spokesperson Emily Guerrant said. After his recusal from the bidding process however, the university ended the probe, she said. Handshake declined to comment on the dispute with Beavers, but provided a statement to The State News saying they remain \u201ccommitted to (their) partnership with MSU\u2019s career services community and administration.\u201d In his email to The State News, Beavers said he believes Handshake engineered the quid-pro-quo story and widely disseminated it at to protect their bid. He said Handshake is in a tenuous financial position as new competitors have entered the market, and that he believes the firm was making an \u201caggressive attempt to save\u201d their contact with believe that there is an attempt to squash any possible business decision by the Network to change because of the implications on investor confidence,\u201d Beavers said in the email. Another incident with enraged alum On the very same day that Handshake reached out to with their concerns, Beavers was involved in an incident involving an enraged alum. On Sept. 28 police arrested the alum at the Communications Arts and Sciences building as the individual was \u201cyelling at staff members and making people uncomfortable\u201d by \u201cbecoming verbally aggressive with employees,\u201d according to a police report obtained by The State News. The encounter was described as \u201ctraumatic\u201d for staff in subsequent emails. In the days after the encounter, MSU\u2019s administration learned that Communication Arts and Sciences wasn\u2019t the disturbed alum\u2019s first stop. The alum had first called Beavers\u2019 department in a rage. When the staffer manning the phones asked Beavers what to do, he told them to send the alum to the Communications Arts and Sciences building, according to emails and written timelines assembled by staff obtained by The State News talked to Jeff (Beavers) who told us to send him back to the college,\u201d Career Exploration Center manager Sean Brown wrote in a timeline. 2/21/25, 7:07 administrator got raise, resignation package after incidents - The State News 4/7 Beavers\u2019 actions were examined by MSU\u2019s Office of Audit, Risk and Compliance, emails show. The office ultimately determined that it wasn\u2019t a matter for them to investigate, but forwarded the information they had to Beavers\u2019 supervisors and Police, university spokesperson Guerrant said. They included some manner of guidance for Beavers\u2019 supervisors, but, it\u2019s unclear what it was. That passage was completely redacted in MSU\u2019s responses to The State News\u2019 records requests. Beavers defended his actions, telling The State News he had spoken to the alum previously and did not believe he posed any threat to staff. He said the alum was a 2023 digital storytelling graduate who panhandled on Grand River in his cap and gown with a sign reading \u201cHomeless jobless anything helps!! - Grad.\u201d He was profiled by the Lansing State Journal and criticized for not doing more to help him find a job. Beavers said that after that story, he contacted the alum and had a \u201ccompletely calm, rational, and productive\u201d conversation about job search strategies. \u201cHe admitted that he gets \u2018excited\u2019 to get attention because he feels he is not supported as he should be,\u201d Beavers said in an email to The State News. \u201cThus experienced him as a frustrated job seeker, but at no time was any threat made.\u201d Beavers said the alum similarly made no threats when talking to his staff the day of the incident. The emails and timelines, however, say that the alum already had tenuous encounters with staff. One email said the alum had \u201cproblematic encounters\u201d with \u201cbeginning in March. \u200bThen, they dropped off but came back with a vengeance in June.\u201d It also says the alum had called repeatedly and staff was instructed to \u201cnot engage\u201d and \u201chang up.\u201d One written timeline sent to Beavers\u2019 supervisor said the alum had called Career Services two days before the arrest, and Beavers was advising staff on how to handle the calls favorable resignation On Oct. 1, days after Handshake contacted the university and the incident with the alum approved a $16,088 raise for Beavers. It bumped his annual salary to $193,065, according to personnel records. On Oct. 9, The State News filed Freedom of Information Act requests with MSU, seeking dozens of university documents relating to both the Handshake dispute and the enraged alum incident. It took the university more than 15 weeks to process the 75 pages of records also initially over-redacted them. The State News appealed the redactions and conceded that many of them were unlawful. On Oct. 27, Beavers sent a resignation letter to his direct supervisor, Assistant Vice President of Student Development Allyn Shaw. 2/21/25, 7:07 administrator got raise, resignation package after incidents - The State News 5/7 Days later, Shaw\u2019s supervisor, Vice President of Student Life and Engagement Gore, wrote to requesting three months of transitional pay for Beavers, $48,266. It\u2019s the same resignation deal that Gore gave MSU\u2019s then-Dean of Students Anthony Williams Jr last April, who had just been found by to have sexually harassed a woman at a work conference. Gore and Shaw declined requests for an interview spokesperson Guerrant declined to comment on the raise and resignation agreement, saying the university \u201cdoesn\u2019t get into the weeds on personnel matters.\u201d Beavers told The State News that his decision to resign was \u201conly partially\u201d motivated by the incidents in September felt could do no right at the time and that had lost support and in some cases trust from some members of the (Career Services) team,\u201d Beavers said in an email. \u201cThis combined with my already existing stress and anxiety of the Feb 13 event and my need to be more available to my parents.\u201d Beavers also said he was frustrated by consistent leadership turnover in MSU\u2019s administration and multiple cuts to his departments\u2019 budget. In addition to his campus administrative responsibilities, Beavers oversaw a $2 million U.S. Agency for International Development grant supporting a career services partnership between and a local university in Mozambique, Africa. Beavers still lists that role on his Linkedin page and he appears on the website about the grant. Guerrant said Beavers is no longer in that role and that those postings must be outdated. Beavers however says he continues to do the work in Mozambique as a volunteer am volunteering at this time and am doing so because of the importance of this project,\u201d he said in an email to The State News Stop Information Overload Why Google Workspace for Business is Worth the Upgrade The Close Relationship Between Stress and Sleep Five Reasons Your Car Insurance Rate Changes Get Dog Food Designed for Your Dog's Health & Happiness Four Ways Food Banks Are Feeding Kids Right Now 2/21/25, 7:07 administrator got raise, resignation package after incidents - The State News 6/7 search... sections news sports spotlight opinion classifieds obituaries quick links about advertise board of directors photo reprints privacy policy corrections & archives student positions social alumni contact us email newsletter All Content \u00a9 2025 State News, Inc. Powered by Solutions by The State News. 2/21/25, 7:07 administrator got raise, resignation package after incidents - The State News 7/7", "8978_103.pdf": "by: Nate Salazar Posted: Apr 25, 2023 / 06:12 Updated: Apr 25, 2023 / 06:12 LANSING, Mich Michigan State University administrator was asked to resign after accusations of drunk behavior and sexual misconduct. Documents released by the university reported that the former Dean of Students, Anthony Williams Jr., was asked to step down because of his misconduct Michigan State dean of students resigned due to \u2018inappropriate behavior\u2019 25 2/21/25, 7:07 Michigan State dean of students resigned due to \u2018inappropriate behavior 6 News 1/11 Williams is at the center of yet another instance where an staff member has stepped down after being accused of violating campus relationship and sexual misconduct policies. Former business school dean Sanjay Gupta also was asked to resign after being accused of not reporting an incident in August 2022. The difference between Williams Jr. and Gupta is that Williams himself is the cause of the violation document shared with 6 News addresses Williams about the \u201cinappropriate behavior\u201d at a regional conference in Chicago in November 2022. The letter was signed by Senior Vice President Vennie Gore letter signed by Senior Vice President Vennie Gore details Williams\u2019 actions at a regional conference in Chicago. The letter referenced \u201ca level of consumption of alcohol, which led to disruptive behavior at the hotel bar.\u201d The report added that Williams had \u201cinteractions with a female delegate that was perceived as unwanted\u201d and Williams actually had to be removed from the hotel bar by security staff > Next > Cancel \u2715 Next story in > Cancel Next story in 2/21/25, 7:07 Michigan State dean of students resigned due to \u2018inappropriate behavior 6 News 2/11 Due to his resignation, the university agreed to give Williams three months of transitional pay, along with the \u201cacceptance\u201d of his resignation. The letter features echoes of MSU\u2019s past of sweeping misconduct under the rug. But why opt for resignation rather than termination? 6 News reached out to Williams and Gore, but have not heard back from either, and university officials who released the documents said they have no further comment. All of this comes after has made multiple claims about trying to be more transparent with students, staff and the surrounding community. Copyright 2025 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed Cult-favorite Yankee Candles are 50% off on Amazon / 7 Hours Ago Fan-favorite Yankee Candles are majorly discounted at Amazon right now. Save up to 50% while supplies last > Next > Next story in > Next story in 2/21/25, 7:07 Michigan State dean of students resigned due to \u2018inappropriate behavior 6 News 3/11 Which earbuds are best for phone calls / 8 Hours Ago Through Bluetooth technology, mobile phones pair with headphones or earbuds, letting you safely talk to your loved ones while keeping your hands free. 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Governor urges students to celebrate diversity News 1 hour ago 6 News Video > Next > Next story in > Next story in 2/21/25, 7:07 Michigan State dean of students resigned due to \u2018inappropriate behavior 6 News 7/11 More Videos Current 25\u00b0 Clear Tonight 13\u00b0 Partly Cloudy Precip: 0% Tomorrow 28\u00b0 Mostly Cloudy Precip: 0 Here are Amazon\u2019s #1 bestsellers this week Holiday 2 days ago Le Creuset, Stanley and more top Amazon\u2019s \u2018hot\u2019 \u2026 Holiday 3 days ago Best Buy Presidents Day Sale: Apple, Samsung, Dyson \u2026 Holiday 4 days ago > Next > Next story in > Next story in 2/21/25, 7:07 Michigan State dean of students resigned due to \u2018inappropriate behavior 6 News 8/11 The best Presidents Day deals on Amazon today Holiday 4 days ago 10 Presidents Day small appliance deals you shouldn\u2019t \u2026 Holiday 4 days ago The best Presidents Day deals to shop now Holiday 4 days ago View All BestReviews Picks 6 > Next > Next story in > Next story in 2/21/25, 7:07 Michigan State dean of students resigned due to \u2018inappropriate behavior 6 News 9/11 Mid-Michigan's source for breaking news, weather and sports Contact Us-Report It Public File Public File Public File Children\u2019s Report Children\u2019s Report Work For Us Mission Applications Get News App Get Weather App Stay Connected > Next > Next story in > Next story in 2/21/25, 7:07 Michigan State dean of students resigned due to \u2018inappropriate behavior 6 News 10/11 Privacy Policy 11/18/2024 Terms Of Use Applications Public File Assistance Contact The Hill NewsNation BestReviews Content Licensing Nexstar Digital Journalistic Integrity Sitemap Do Not Sell or Share My Personal Information \u00a9 1998 - 2025 Nexstar Media Inc. | All Rights Reserved > Next > Next story in > Next story in 2/21/25, 7:07 Michigan State dean of students resigned due to \u2018inappropriate behavior 6 News 11/11", "8978_104.pdf": "Take a peek behind the curtain and test drive the StateNews.com today! news / msu left in the dark on his misconduct, then it happened again Alex Walters June 27, 2023 The Michigan State Spartan logo on a building, photographed Aug. 31, 2020. \u2014 Photo by Annie Barker | The State News When Anthony Williams Jr. resigned from his Michigan State University deanship in February over an incident of sexual misconduct, it wasn\u2019t the first time he faced accusations. It was just the first time they stuck. Two years ago, while in his previous role as Grand Valley State University\u2019s Director of Student Conduct and Conflict Resolution, Williams was being investigated by the university's Title office for allegedly sexually assaulting a student. But that investigation never finished, because Williams resigned and accepted the job as MSU\u2019s dean of students before it could. In his new role, informally known as the \"chief conduct officer,\" he would oversee student behavior and sit on the committee advising on Title IX. When he made the move had a policy of closing investigations into people who left the university. MSU\u2019s background checks only cover Title cases that reach a final resolution. 2/21/25, 7:07 left in the dark on his misconduct, then it happened again - The State News 1/7 That allowed Williams to get the new job without a chance that the investigation would be completed and without knowing it had ever been opened. The circumstances \u2013 a university employee known to have engaged in misconduct moving from one place to another, sheltering the employee from consequences and the institutions from public scrutiny \u2013 is common. It even has a name: pass the harasser. In some cases \u2013 like Williams\u2019, where records show he first applied to work at before the victim contacted GVSU\u2019s Title office \u2013 moving around appears to be a lucky chance to avert consequences. But for others, moving around can be a calculated tactic. \u201cWe advise people when there\u2019s an allegation to get out and start looking for a new school before there is a finding,\u201d Joshua Engel, a lawyer who represents faculty members and students accused of harassment, told The Chronicle of Higher Education in 2019. The loophole In the years since Williams\u2019 exit changed their policies to encourage the Title office to continue investigations even if the subject leaves the university. That brings in line with MSU, which also attempts to continue investigations regardless of resignation. \u201cWe don't want to incentivize resignation as a motive for getting rid of a Title investigation deputy spokesperson Dan Olsen said. But even with complete investigations, the pass-the-harasser problem remains, because the results aren\u2019t proactively shared with the accused's next employer. Olsen said can't share that information in part because of legal and privacy concerns, but mostly because simply doesn't keep track of where people go after leaving the university spokesperson would not say if the university has a method of sharing findings and do add the finalized investigations to the employee\u2019s personnel file, which can be accessed by their new institution though public records requests. That process recently played out in the case of former professor and associate business dean Charles Hadlock, who resigned in summer 2022 while under investigation for sexually harassing and assaulting students at an event. Hadlock took a new job at the University of Pittsburgh before the investigation concluded. When it did, months into his work at Pitt, he was found to have violated the university\u2019s Title and Relationship Violence and Sexual Misconduct policies followed its policy, adding the results to his file but not proactively notifying Pitt of what it had found. So, Pitt was only made aware of Hadlock\u2019s conduct through reports from Michigan news outlets in January, which were primarily writing about Hadlock because of his case\u2019s connection to the controversial resignation of former business dean Sanjay Gupta. 2/21/25, 7:07 left in the dark on his misconduct, then it happened again - The State News 2/7 In April, Pitt spokesperson Nick France told The State News that after the news reports surfaced, Pitt began reviewing \u201cthe circumstances surrounding (Hadlock\u2019s) recruitment and ultimate hire by the university.\u201d Regardless, he remains employed at Pitt today. Williams misconduct The case file for Williams Title incident doesn\u2019t say much. April 27th, 2021: the Title office opens an investigation into Williams, with the victim reporting \u201cmultiple inappropriate statements and actions\u201d that amounted to sexual assault. July 16th, 2021: the case is closed. 2/21/25, 7:07 left in the dark on his misconduct, then it happened again - The State News 3/7 2/21/25, 7:07 left in the dark on his misconduct, then it happened again - The State News 4/7 Anthony Williams Jr. Photo courtesy of Grand Valley State University Awards Website. But, according to two people with intimate knowledge of the matter, Williams\u2019 case is the one explored in a 2022 independent investigation of GVSU\u2019s Title office. The circumstances and dates of each event in that case also match those of Williams\u2019. According to that report \u2013 which was conducted by global law firm Husch Blackwell \u2013 the threat of Williams resigning during the investigation to avoid consequences was a point of much discussion by investigators. He had applied to be MSU\u2019s dean of students just before the victim reported abuse, and had made it through multiple rounds of interviews as the investigators worked on his case, according to the file documenting the search process. In meetings throughout the investigatory process, they debated how they could finish before Williams left, or if that would make any difference in his employment, according to Husch Blackwell's report. In the end, the investigation reached a finalized report, the second to last step in GVSU\u2019s Title process did not release the contents of that report in response to a records request by The State News. The next step would be a hearing where Williams, the victim and witnesses would be questioned by a panel charged with making a final judgment and potentially issuing discipline. But Williams received an offer from and resigned before that could happen, so his case was closed. Williams at His new role \u2013 earning him a salary of $135,000, which is $60,000 more than his job \u2013 was described in application materials as the university\u2019s \u201cchief conduct officer,\u201d charged with ensuring \u201ca transformative and restorative approach to accountability.\u201d Outside of his day-to-day work ensuring students behaved with integrity, he would serve on the committee overseeing Title IX. About a year into the job, in November 2022, Williams attended a National Association of Student Personnel Administrators\u2019 conference in Chicago. There, a fellow delegate reported he made unwanted advances in a hotel bar before being removed by security, which prompted his resignation from MSU. The resignation agreement included three months of transitional pay \u2013 which he would not have been entitled to had he been terminated \u2013 and a condition of confidentiality. In an email to staff explaining his departure, Williams said he was a finalist in a closed search at another institution. In addition to the privacy provided by the resignation agreement, the part of his personnel file detailing the incident in Chicago was initially exempted from disclosure. It was eventually released after a Freedom of Information Act appeal from The State News, making the reason for his resignation available to requesters or institutions looking to hire Williams going forward. 2/21/25, 7:07 left in the dark on his misconduct, then it happened again - The State News 5/7 \u201cThe public\u2019s interest in disclosure outweighs any privacy interest by the employee,\u201d MSU\u2019s response, authored by Interim President Teresa Woodruff, said. It\u2019s unclear where or if Williams is currently employed. He did not return calls seeking comment. He has also deleted his social media profiles. Fallout at Back at GVSU, Theresa Rowland, the lead investigator on Williams\u2019 case, had been in constant conflict with her boss, Vice President for Inclusion & Equity Jesse Bernal, over how to handle Williams' case. Many of their disagreements centered around Bernal repeatedly asking Rowland to have an outside investigator conduct the investigation into Williams, according to Husch Blackwell\u2019s report. When asked to explain his insistence by Husch Blackwell\u2019s investigators, Bernal said that he thought Rowland was fully capable of properly investigating the case, but worried about accusations of bias, as the Title office had \u201clongstanding tensions\u201d with Williams and his student conduct department. Bernal had heard those concerns from Williams himself, who called Bernal the day he found out about the investigation to question Rowland\u2019s motives, according to Husch Blackwell\u2019s report. So Rowland \u2013 who saw the communication between Bernal and Williams as improper interference into her case \u2013 pushed back on Bernal's request to turn the case over to an outside investigator. She argued it was too late, as she had already met with the victim and began the investigation. Eventually, Bernal amended his demand, asking that she have an outside investigator review her work after she was done. But Rowland was worried about Williams\u2019 looming resignation, and thought the review would slow the investigation. So, she filed her final report without any review, against Bernal\u2019s instructions. Despite her time-saving maneuver, Williams left before that report could be taken to a hearing month later, Rowland was placed on an indefinite suspension. She resigned shortly after, and entered into a non-disclosure agreement with GVSU. Outraged by the confusion and secrecy surrounding Rowland\u2019s exit, nearly every staffer in the Title office resigned. In their letters of resignation, they alleged toxic leadership and broad \u201cevisceration of the Title office by (Bernal),\u201d according to copies obtained by The State News. Kathleen Blumreich, one of the last to resign, wrote that \u201cthe Title Office is now empty \u2026 the university has lost dedicated individuals whose expertise, ethical conduct, and professionalism made (it) a model for other institutions of higher education.\u201d The lack of staff and inconsistent communication surrounding Rowland\u2019s departure left unequipped to investigate cases and caused it to be technically out of compliance with the federal Title statute from Aug. 19, 2021, to Sept. 6, 2021, Husch Blackwell found. 2/21/25, 7:07 left in the dark on his misconduct, then it happened again - The State News 6/7 GVSU\u2019s faculty senate formed a task force to examine the issue, and by October 2021, GVSU\u2019s faculty and staff were informed that the president had retained Husch Blackwell to investigate the matter and create the report which details the investigative process behind Williams\u2019 case. After the report\u2019s release, Bernal, who remains GVSU\u2019s top Title administrator, agreed to a series of reforms, including policy revisions to clearly define conflicts of interest and regular outside reviews of the Title office. The first of those reviews occurred in Winter 2023 Stop Information Overload Stop Paying Too Much for Your Prescriptions - Compare Prices, Find Free Coupons, Did Your Mom Ever Make the Paper? Search Newspapers.com Why Google Workspace for Business is Worth the Upgrade Four Easy Tips to Keep Your Kids Safe Online Five Reasons Your Car Insurance Rate Changes search... sections news sports spotlight opinion classifieds obituaries quick links about advertise board of directors photo reprints privacy policy corrections & archives student positions social alumni contact us email newsletter All Content \u00a9 2025 State News, Inc. Powered by Solutions by The State News. 2/21/25, 7:07 left in the dark on his misconduct, then it happened again - The State News 7/7", "8978_105.pdf": "\uf39e \uf16d \ue61b \uf167 Expand Player \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f The State \u2013 04/26/23 Rachel Fulton April 25, 2023 April 26, 2023 + IMP\u2026 10 1X 30 00:00 06:01 | Today\u2019s weather forecast is predicting partly cloudy skies with a high of 52 degrees and a low of 33 degrees Dean of Students resigned after drunken misconduct, records show Michigan State University Dean of Students Anthony Williams Jr. voluntarily resigned in February. He received three months of \u201ctransitional pay\u201d and told staff that he chose to leave because he was a finalist in a closed- search at another institution. But Williams\u2019 exit was spurred by his \u201cinappropriate behavior\u201d while at the National Association of Student Personnel Administrators\u2019 regional conference in Chicago, Illinois in November of 2022, according to records obtained by The State News, which were initially withheld by MSU. While at a hotel bar, Williams engaged in a \u201clevel of consumption of alcohol which led to disruptive behavior,\u201d and had \u201cinteractions with a female delegate that was perceived as unwanted.\u201d Williams was removed by \u201csecurity staff,\u201d according to a letter from Williams\u2019 supervisor, which cited witness interviews conducted by Human Resources. News The State \u2013 02/21/25 The State \u2013 02/20/25 The State \u2013 02/19/25 American Sign Language club advocates for new summer courses The State \u2013 02/18/25 Decades of advocacy realized opens Multicultural Center Claire Bacarella, News Director Tale of Two Michaels | \u201cman in the mirror\u201d by Sky Curtright, Writer/Volunteer | February 15, 2025 Expand Player \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f The letter, authored by Vice President of Student Life and Engagement Vennie Gore, said Williams\u2019 conduct was especially disappointing given his responsibilities with reporting and regulating substance use and sexual misconduct amongst the students he oversaw at MSU. Gore wrote the behavior \u201ccompromises (Williams\u2019) credibility and effectiveness.\u201d Nonetheless, Williams entered into a voluntary resignation agreement with MSU. After his resignation was announced but not explained to his staff, Williams sent them an email apologizing for the department\u2019s \u201cabrupt announcement.\u201d He wrote \u201cit was my decision to resign, and did so for personal and professional reasons.\u201d Williams then provided an explanation, writing am in the process of pursuing a new opportunity outside of am a finalist in a closed search that is coming to an end.\u201d The university did deny The State News\u2019 request for the letter\u2019s full contents. It argued that remaining portions of the letter fall under another Freedom of Information Act exemption which protects \u201cnon-factual,\u201d and \u201cpreliminary advisory,\u201d determinations made within public bodies like MSU. Student plans protest against Board of Trustees following denial of Nassar document release After Michigan State University\u2019s Board of Trustees denied Attorney General Dana Nessel\u2019s request for thousands of long-withheld documents relating to the disgraced ex doctor Larry Nassar, students reacted furiously and planned to protest the Board\u2019s decision. Communications and music junior Charlotte Plotzke called for students to join the protest at 11 a.m. on April 25 at the Hannah Administration Building to hold the Board of Trustees accountable. Music Tale of Two Michaels | \u201cman in the mirror\u201d by Sky Curtright, Writer/Volunteer \u2022 February 15, 2025 Retribution of the Rudeboys | \u201cTougher Than Tough (Rudie In Court)\u201d by Derrick Morgan February 14, 2025 Testament to Midwest Emo Tradition | \u201cBurning Myself on the Radiator\u201d by Doglike Reflexes February 9, 2025 Playlist | Table For One February 9, 2025 Expand Player \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f Plotzke said it filled her with rage that the Board was protecting Nassar, as it was harmful to the community of Spartans, especially those who were abused by Nassar. Plotzke said students who have experienced sexual assault are going to feel disturbed by the university\u2019s choice. Valerie Von Frank, the mother of a Sister Survivor and president of a survivor advocacy group, said she was glad that there is a demonstration against the Board of Trustees decision, as the decision affected many students. Graduating seniors reflect on time as rec sports Zumba instructors If you found yourself in Holmes Hall on Tuesday night after 9 p.m. you\u2019d hear loud music blasting from Room C105, home of the rec sports Zumba Cardio Dance class. At the front of the room are instructors, international relations senior Olivia Antal and political science-prelaw senior Jocee Schwass. The hour-long class consisted of 16 songs broken down into four sets of four. After the first four warm-up songs are played, participants take a small break before coming back together to finish. The last two songs of the class are for participants to cool down before ending with a stretch. It was held from 9:15 p.m. to 10:15 p.m. Antal and Schwass, who graduate in May, joined the Zumba class as members when they were freshmen and were eventually trained to teach the course. Due to logistical reasons, Antal and Schwass\u2019 Zumba Cardio Dance class is ending after the spring semester. The final session took place yesterday. While there are dozens of fitness classes offered through rec sports Group Exercise Assistant Director News Features Sports American Sign Language club advocates for new summer courses Lilly Williams, Volunteer writer | February 18, 2025 Preview: No. 22 Michigan State aims for rebound against Indiana in return home Connor Gilley, Women's Basketball Beat Reporter \u2022 February 21, 2025 No. 14 Michigan State men\u2019s basketball set to challenge No. 12 Michigan for the top spot in the Big Ten b 20 2025 wrestling set for regular season finale against Central Michigan February 20, 2025 Michigan State baseball seeks to continue hot start hi t St t Expand Player \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f p p Bianca Guess said Zumba is simply fun and lowkey. Some benefits of group exercise classes are relieving stress and bringing people together, Guess said. Schwass said she and Antal encourage participants to do what is best for them and their level of comfort. Based on original reporting by Alex Walters, Julius Patto and Maddy Warren. board of trustees Dana Nessel Larry Nassar Dean of Students Rec Sports Rachel (she/her/hers) is a senior at studying Journalism with a minor in Broadcasting. She found her love for radio in high school, where she was the News Director and a for 89.5 Avondale Community Radio. She has been with the Impact since her freshman year where she has continued as the News Producer for The State podcast and now, our Podcasts Director. Her love for radio turned into a love for podcasting as outside of the Impact she is the Producer/Editor for Lauren LoGrasso\u2019s Webby... Rachel Fulton, Podcast Director/News Producer Leave a Comment About the Writer Podcasts Video versus Washington State February 20, 2025 The State \u2013 02/21/25 Rachel Fulton, Podcasts Director \u2022 February 21, 2025 The State \u2013 02/20/25 February 20, 2025 Courtside Convo 2/19: Two Minute Check-ins February 19, 2025 The State \u2013 02/19/25 February 19, 2025 Expand Player \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f Music News Tale of Two Michaels | \u201cman in the mirror\u201d by Sky Curtright, Writer/Volunteer \u2022 February 15, 2025 Retribution of the Rudeboys | \u201cTougher Than Tough (Rudie In Court)\u201d by Derrick Morgan February 14, 2025 Testament to Midwest Emo Tradition | \u201cBurning Myself on the Radiator\u201d by Doglike Reflexes February 9, 2025 Playlist | Table For One February 9, 2025 Expand Player \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f Sports The State \u2013 02/21/25 Rachel Fulton, Podcasts Director \u2022 February 21, 2025 Today's weather forecast is predicting mainly cloudy skies with a high of 29 degrees and a low of 14 degrees. For the weekend it looks like... The State \u2013 02/20/25 February 20, 2025 The State \u2013 02/19/25 February 19, 2025 Language club advocates for new summer courses Preview: No. 22 Michigan State aims for rebound against Indiana in return home Expand Player Podcasts Connor Gilley, Women's Basketball Beat Reporter \u2022 February 21, 2025 No. 14 Michigan State men\u2019s basketball set to challenge No. 12 Michigan for the top spot in the Big Ten b 20 2025 wrestling set for regular season finale against Central Michigan February 20, 2025 Michigan State baseball seeks to continue hot start versus Washington State February 20, 2025 The State \u2013 02/21/25 Rachel Fulton, Podcasts Director \u2022 February 21, 2025 The State \u2013 02/20/25 February 20, 2025 Courtside Convo 2/19: Two Minute Check-ins February 19, 2025 Expand Player News The State \u2013 02/21/25 The State \u2013 02/20/25 The State \u2013 02/19/25 American Sign Language club advocates for new summer courses The State \u2013 02/18/25 The State \u2013 02/19/25 February 19, 2025 Tale of Two Michaels | \u201cman in the mirror\u201d by Expand Player \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f Music in the mirror by Sky Curtright, Writer/Volunteer | February 15, 2025 Tale of Two Michaels | \u201cman in the mirror\u201d by Sky Curtright, Writer/Volunteer \u2022 February 15, 2025 Retribution of the Rudeboys | \u201cTougher Than Tough (Rudie In Court)\u201d by Derrick Morgan February 14, 2025 Testament to Midwest Emo Tradition | \u201cBurning Myself on the Radiator\u201d by Doglike Reflexes February 9, 2025 Playlist | Table For One February 9, 2025 Expand Player \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f News Sports The State \u2013 02/21/25 Rachel Fulton, Podcasts Director \u2022 February 21, 2025 Today's weather forecast is predicting mainly cloudy skies with a high of 29 degrees and a low of 14 degrees. For the weekend it looks like... The State \u2013 02/20/25 February 20, 2025 The State \u2013 02/19/25 February 19, 2025 Language club advocates for new summer courses Expand Player Podcasts Preview: No. 22 Michigan State aims for rebound against Indiana in return home Connor Gilley, Women's Basketball Beat Reporter \u2022 February 21, 2025 No. 14 Michigan State men\u2019s basketball set to challenge No. 12 Michigan for the top spot in the Big Ten b 20 2025 wrestling set for regular season finale against Central Michigan February 20, 2025 Michigan State baseball seeks to continue hot start versus Washington State February 20, 2025 The State \u2013 02/21/25 Rachel Fulton, Podcasts Director \u2022 February 21, 2025 Expand Player Music The State \u2013 02/20/25 February 20, 2025 Courtside Convo 2/19: Two Minute Check-ins February 19, 2025 The State \u2013 02/19/25 February 19, 2025 Tale of Two Michaels | \u201cman in the mirror\u201d by Sky Curtright, Writer/Volunteer | February 15, 2025 Expand Player News Tale of Two Michaels | \u201cman in the mirror\u201d by Sky Curtright, Writer/Volunteer \u2022 February 15, 2025 Retribution of the Rudeboys | \u201cTougher Than Tough (Rudie In Court)\u201d by Derrick Morgan February 14, 2025 Testament to Midwest Emo Tradition | \u201cBurning Myself on the Radiator\u201d by Doglike Reflexes February 9, 2025 Playlist | Table For One February 9, 2025 The State \u2013 02/21/25 Rachel Fulton, Podcasts Director \u2022 February 21, 2025 Today's weather forecast is predicting mainly cloudy skies with a high of 29 degrees and a low of 14 degrees. For the weekend it looks like... Expand Player \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f Sports The State \u2013 02/20/25 February 20, 2025 The State \u2013 02/19/25 February 19, 2025 Language club advocates for new summer courses Preview: No. 22 Michigan State aims for rebound against Indiana in return home Connor Gilley, Women's Basketball Beat Reporter \u2022 February 21, 2025 No. 14 Michigan State men\u2019s basketball set to challenge No. 12 Michigan for the top spot in the Big Ten b 20 2025 wrestling set for regular season finale against Central Michigan February 20, 2025 Michigan State baseball seeks to continue hot start versus Washington State February 20, 2025 Expand Player Podcasts News The State \u2013 02/21/25 The State \u2013 02/20/25 The State \u2013 02/21/25 Rachel Fulton, Podcasts Director \u2022 February 21, 2025 The State \u2013 02/20/25 February 20, 2025 Courtside Convo 2/19: Two Minute Check-ins February 19, 2025 The State \u2013 02/19/25 February 19, 2025 Expand Player \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f The State \u2013 02/19/25 American Sign Language club advocates for new summer courses The State \u2013 02/18/25 Music Tale of Two Michaels | \u201cman in the mirror\u201d by Sky Curtright, Writer/Volunteer | February 15, 2025 Expand Player News Tale of Two Michaels | \u201cman in the mirror\u201d by Sky Curtright, Writer/Volunteer \u2022 February 15, 2025 Retribution of the Rudeboys | \u201cTougher Than Tough (Rudie In Court)\u201d by Derrick Morgan February 14, 2025 Testament to Midwest Emo Tradition | \u201cBurning Myself on the Radiator\u201d by Doglike Reflexes February 9, 2025 Playlist | Table For One February 9, 2025 The State \u2013 02/21/25 Rachel Fulton Podcasts Director \u2022 Expand Player \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f Sports Rachel Fulton, Podcasts Director February 21, 2025 Today's weather forecast is predicting mainly cloudy skies with a high of 29 degrees and a low of 14 degrees. For the weekend it looks like... The State \u2013 02/20/25 February 20, 2025 The State \u2013 02/19/25 February 19, 2025 Language club advocates for new summer courses Preview: No. 22 Michigan State aims for rebound against Indiana in return home Connor Gilley, Women's Basketball Beat Reporter \u2022 February 21, 2025 No. 14 Michigan State men\u2019s basketball set to challenge No. 12 Michigan for the top spot in the Big Ten b 20 2025 Expand Player Podcasts wrestling set for regular season finale against Central Michigan February 20, 2025 Michigan State baseball seeks to continue hot start versus Washington State February 20, 2025 The State \u2013 02/21/25 Rachel Fulton, Podcasts Director \u2022 February 21, 2025 The State \u2013 02/20/25 February 20, 2025 Courtside Convo 2/19: Two Minute Check-ins February 19, 2025 The State \u2013 02/19/25 February 19, 2025 Expand Player \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f \u00a9 2025 Pro WordPress Theme by \u2022 Log in Sports Preview: No. 22 Michigan State aims for rebound against Indiana in return home February 21, 2025 No. 14 Michigan State men\u2019s basketball set to challenge No. 12 Michigan for the top spot in the Big Ten February 20, 2025 wrestling set for regular season finale against Central Michigan February 20, 2025 Michigan State baseball seeks to continue hot start versus Washington State February 20, 2025 baseball\u2019s Jacob Anderson named one of nine players on the Lou Gehrig Community Impact Team February 19, 2025 Jon Dykema joins Michigan State Athletics as Executive Senior Associate AD/Student-Athlete Management and Assistant General Counsel February 19, 2025 Impact 89FM Michigan State University Stude\u2026 \uf39e \uf16d \ue61b\uf167 About the Impact Public Inspectio Listen Live Staff Resources Impact 89FM is happy to assist any person with disabilities with issues related to the content of the public files. If you have questions about Impact 89FM or our Public Inspection File, or if assistance is needed, please contact a member of our office team at 517-884-8900 during business hours Monday-Friday from 10am-7pm. Expand Player \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f Expand Player \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f", "8978_106.pdf": "Young Men Learning Conflict Resolution Skills Reduces Misconduct Home / Podcast / Young Men Learning Conflict Resolution Skills Reduces Misconduct Download file | Play in new window | Duration: 32:15 As Assistant Vice President and Dean of Students at Michigan State University, Anthony Williams Jr. specializes in conflict resolution, alternative dispute resolution, social justice education, and restorative practices facilitation. He uses those skills while helping college students navigate the challenges they encounter as they work to balance college expectations along with newfound freedom and responsibility. Williams met psychotherapist Randy Flood, Director of the Men\u2019s Resource Center of West Michigan, while serving as the Associate Dean of Students at Grand Valley State University where, Young Men Learning Conflict Resolution Skills Revealing Men 1x 00:00 32:15 The Dilemmas Encountered Doing Court-related Work in Alienation Cases \uf105 Instructive Guidelines for Navigating Parental Alienation \uf105 The Trifecta: Humility, Empathy, and Accountability Understanding Why It\u2019s Difficult for Men to Seek Therapy and Ask for Help \uf105 Home Services Issues Therapists Self-Assessments Shop Blog Podcast About Contact \uf07a \uf002 2/21/25, 7:08 Young Men Learning Conflict Resolution Skills Reduces Misconduct - Men's Resource Center 1/20 among other tasks, he supervised the Office of Conduct and Conflict Resolution. His office referred young men charged with misconduct on campus to the Men\u2019s Resource Center for risk assessments and therapy. Flood also provided training to university staff on the unique challenges involved in working with male college students. In their conversation on the Revealing Men podcast (excerpted here and edited for length and clarity), Flood and Williams talk about how teaching young men conflict resolution skills reduces incidents of misconduct and promotes healthier communities. Hear the entire conversation wherever you listen to podcasts. Sexual Misconduct 101 Flood: One of the things wanted to talk to you about is your experience on campus. What are some of the typical problems in some of the young men that come on campus that get them into trouble that you end up getting involved with? Williams: Just general misconduct. [Typically] underage alcohol consumption, which then leads to other violations such as disruptive behavior, violence, physical assaults, things like that. Flood: Okay. The ones we\u2019ve gotten [at the Men\u2019s Resource Center] oftentimes are guys who engage in some non-consensual sexual contact. And usually, Navigating the Trauma of a Father\u2019s Death by Suicide \uf105 Hot Sex in the Age of Consent Abusive Relationships \uf105 Addiction \uf105 Business and Organizational Health \uf105 Child Custody Evaluation \uf105 Counseling and Therapy \uf105 Couples \uf105 Emotional Health \uf105 Events \uf105 Family \uf105 Male Socialization \uf105 Male/Female Relationships \uf105 Parenting \uf105 Raising Boys \uf105 Sexuality \uf105 2/21/25, 7:08 Young Men Learning Conflict Resolution Skills Reduces Misconduct - Men's Resource Center 2/20 when you think of that you think of a case of rape or something like that, that\u2019s really coercive. The ones that we see are not that at all. It\u2019s just some kind of assumption made that someone wants something. They don\u2019t get consent. They don\u2019t know how to talk about it. You\u2019ve got these freshmen sometimes coming from rural settings and they\u2019re going to be the big man on campus. They go to a party and consume large amounts of alcohol. They meet someone at a party and then all of a sudden, they proceed to try to engage sexually without knowing someone. And things just don\u2019t turn out so well. Williams: Yeah would say that is about 80% of the time when it comes to non-consensual sex. Now we know the definition of sexual assault is quite broad. Sexual assault can be anything from touching someone\u2019s private area above the clothes and it can range all the way to forcible penetration or non- consensual sex, and everything in between. But for the scenario you described would say that\u2019s about 80% of the time. [Let\u2019s say] we have two college students. They go to a party. They both probably drink way too much. They go back to one of their places or to someplace\u2014 some secluded place\u2014they engage in sex. One person wakes up, it\u2019s the best night of their life. And the other person wakes up \u201cOh my gosh.\u201d \u201cWhat did do did not want to do that shouldn\u2019t of did that.\u201d \u201cWhy did you do this to me?\u201d Spirituality \uf105 Toxic Masculinity abusing young boys abusive boys accountability addiction treatment american culture anger management be a man business consultation compassionate men counseling criminal justice custody cycle of abuse dating violence depression divorce domestic abuse domestic violence emotional abuse emotional well-being fatherhood fathers and sons fear and shame grief and loss life coaching 2/21/25, 7:08 Young Men Learning Conflict Resolution Skills Reduces Misconduct - Men's Resource Center 3/20 The Evolving Narrative Around Consent Flood: How would you describe the old traditional views of male sexuality? The guy who comes to the campus and is like he\u2019s going to go and party and have conquests and go explore his sexuality. The old views on sexuality and then contrast that with the current view around this consensual mutuality of sexuality that they run into on campus and that those [views] collide. Williams: Yeah, sure. If you look at movies like American Pie or other college-set movies, it\u2019s the guys are getting together, they\u2019re drinking, and the purpose of the night is to find out who they can hook up with. Right? And that was the narrative for a very long time. And colleges and universities today are having a hard time fighting that. We have to define what consent is. How to get consent and how to give consent. And that is work not only with males but with women as well. We have to change the narrative and we have to teach males to respect any person they choose to engage in sexual intercourse with. Flood: How much work do you do in orientation, say freshmen year, with trying to impact that myth? There\u2019s that documentary called The Hunting Ground; male sexuality male violence man hug marriage masculinity mental health parental alienation parenting performance coaching powerless boys sexual abuse sexual addiction sexual assault and misconduct spirituality support groups teens trauma understanding men workplace dynamics Any and all information shared in this blog post is intended for educational and informational purposes only. Nothing in this blog post, nor any content on menscenter.org, is a supplement for or supersedes the relationship and direction of your medical or mental health providers. In fact, if this information is 2/21/25, 7:08 Young Men Learning Conflict Resolution Skills Reduces Misconduct - Men's Resource Center 4/20 you might\u2019ve seen that think that\u2019s an interesting metaphor; men coming to hunt. These are the grounds where all of these women are and you\u2019ve got the fraternities to try to bring them in and corral them. There\u2019s just that mentality sometimes that is very destructive for men to see women as someone they\u2019re hunting or someone that they\u2019re having a conquest with. How do you change that? Williams: That\u2019s going to take some years to deconstruct. On the front end, what most universities do, is we have modules that students have to take and we really define our sexual misconduct policies. We give examples of what it looks like to violate that policy and we also give them a brief education on what consent is and how to get consent. From there on, various offices throughout the campus do programming. And we also rely on our students quite a bit to educate the campus body on what consent is. We find that to be extremely helpful. That peer-to-peer connection is great think when you have the president of a fraternity implementing some sort of consent programming with their chapter, that\u2019s much more effective than for me to come in and talk to a fraternity strongly believe in that peer-to-peer education and most universities buy into that. How Conflict Resolution misunderstood or misapplied, it can have counterproductive and even deleterious consequences. 2/21/25, 7:08 Young Men Learning Conflict Resolution Skills Reduces Misconduct - Men's Resource Center 5/20 Promotes Growth Flood more traditional masculine view of conflict is to conquer, and overpower, and dominate, and to get someone or something to submit so you win mean, that would be a traditional troupe; masculine troupe. So, how does conflict resolution contrast what just described? Williams: Defining what we call \u201crestorative practices\u201d would give us a good foundation for this conversation. The way that define it is in three buckets: those who are in a community with each other have the opportunity to set the expectations for how that community will function, so that\u2019s the first bucket. The second bucket is those who are in a community with each other have the responsibility to maintain a healthy community. And then, third, is what we often hear as restorative justice; when harm occurs in a community, those who are impacted, those who cause the harm, they must come together to repair that harm. So, if you put that into the context of a college, the college and university must work with faculty, staff, and students to create its policies and procedures. And, the second bucket: the administrators, faculty, staff, and students, they have to work together to maintain a healthy community where all students can thrive, all faculty can thrive, etc. And if there is harm on the college campus, then faculty, staff, and students should come together to repair that harm. 2/21/25, 7:08 Young Men Learning Conflict Resolution Skills Reduces Misconduct - Men's Resource Center 6/20 And it\u2019s not in a traditional judicial way where you have someone who did something bad, they go before a judge, the judge hears them out, they slap them with some sanction, and they send them on their way. The problem with that is the individuals who they harmed have no say, no authority, they don\u2019t feel like the harm that was done to them has been repaired at all. They\u2019re more focused on the policy violation versus the actual individual who was harmed. Flood: So, does that dovetail into the criminal justice reform? [Williams: \u201cSure.\u201d] Looking at rehabilitation, the offender, if you will, very differently and then that person\u2019s relationship to the community that they harmed or the victim that they harmed. Williams: Right. The ultimate goal in conflict resolution or in student conduct is we want to create an environment where the individual who caused harm can be welcomed back into the community and the individuals who were harmed will be welcoming to that individual. And you can\u2019t do that through a traditional process. There\u2019s a lot of learning that comes out of this. The individual who caused harm, they will be able to directly talk\u2014maybe sometimes indirectly talk\u2014to the individual they harmed and they will learn from them, they will grow from them. If you were to ask ten people who were in a room and they witnessed the incident you could potentially get ten different answers as to what happened. And by each 2/21/25, 7:08 Young Men Learning Conflict Resolution Skills Reduces Misconduct - Men's Resource Center 7/20 individual hearing what happened, that will give them a different perspective and they can grow and that leads to at least higher levels of satisfaction with the process and lower recidivism rates. Flood: Right always say the enemy of violence is empathy. If you know what you\u2019re doing, the harm you\u2019re causing others, the less likely you\u2019re to do it. And so, the process you described seems like it gives the offender or the assailant, or whatever we call that person who harmed the community or individual, gives them a chance to hear more intimately, more personally, the harm they caused and there can be a lesson in that. Benefits of the Restorative vs. Punitive Justice Model Williams: If someone was sexually assaulted, they may not want that person to be kicked out of the university. They might not want that person to get a fine or be expelled. Sometimes, they just want the person to know that they hurt them. Right? And in the traditional conduct process where the repairing harm of the harmed party is not taken into consideration that wound will never be healed for them. And that person who committed the harm will 2/21/25, 7:08 Young Men Learning Conflict Resolution Skills Reduces Misconduct - Men's Resource Center 8/20 simply just feel punished. They will never have an opportunity to apologize, they will never have an opportunity to learn how they hurt that person. How powerful would it be for the offender to sit across the table when it\u2019s appropriate. We are not forcing people to do this. This is all voluntary. And some people have opted into doing this. How powerful would it be for the person who was assaulted to say: \u201cYou hurt me. This is how you hurt me. This is how perceive that night to be.\u201d And the person who caused the harm could [say]: \u201cWow never knew could do all that harm by what just did. I\u2019m so sorry guarantee you, that experience\u2014 well cannot guarantee it, but would hope that\u2014 that experience would change that person\u2019s life so much that they would never do that again. Flood: It\u2019s really about believing in the goodness in humans. [Williams: \u201cRight.\u201d] And certainly, there are people who are just anti-social, and predatory, and psychopathic. But, that\u2019s a small, small portion of what you are dealing with. Very, very small. And so, the punishment model of just being mad at people for doing bad behaviors and just hitting them with sanctions and punishment, it seems like you\u2019re saying it\u2019s not as effective [Williams: \u201cIt\u2019s not.\u201d] as this model. Do you have any way of tracking this way to see how effective it is in quantifying it in some way, or is it more qualitative? Williams: We have found that students who go through informal resolution processes have less 2/21/25, 7:08 Young Men Learning Conflict Resolution Skills Reduces Misconduct - Men's Resource Center 9/20 future violations than those who go through the formal process. And this is consistent with national data as well. It has been proven time and time again. There are dissertations on it. There are research papers on it. There is a higher level of engagement, a higher level of just empathy, learning, and understanding, and growth through the informal process. It takes longer. Right? It costs more. You have to have more resources to do it, which is why some universities have not been able to implement it. Flood think that some people look at it and are skeptical. They think that \u201coh, you\u2019re going soft, you\u2019re giving these people a way out,\u201d and they fear that you\u2019re going to coddle them, and then they\u2019re not going to learn from it. They\u2019re stuck in this more punitive model, that that works! But if the outcome is public safety, and the outcome is rehabilitation, then let\u2019s look at what the evidence shows. Williams: Well, that argument\u2014and in addition to, we\u2019re forcing people to come in contact with their offender\u2014that is not the truth. All informal resolution processes are voluntary and all parties can opt into them and they can opt-out of them at any time. Williams remember being a child and, ya know, spankings only take you so far. My dad is old school and know it\u2019s probably bad, he\u2019s gonna be mad that said this, but growing up did something wrong would get spanked. Right? [Flood: \u201cRight.\u201d] But guess 2/21/25, 7:08 Young Men Learning Conflict Resolution Skills Reduces Misconduct - Men's Resource Center 10/20 what? That was over in like a minute or two. What really hurt was for him to tell me he was disappointed. That lasted for weeks. That hurt. So, you gotta have an educational component. And many times, the punitive process does not offer an educational component, which you\u2019re not teaching the person how to not do that again. You\u2019re just punishing them for it. Better Dialogue Through Conflict Resolution Williams: Our campuses are becoming more and more diverse every day. And we have students coming from multiple or having multiple intersecting social identities, so we have to create environments for them on campus where they can feel comfortable. And when it comes specifically to racial justice, we\u2019ve mean our country has been\u2026 ya know, black and brown people have been under attack forever. But it has been very, very, very visible these last few years remember a lot of these am thinking beyond the Civil Rights Movement \u2014 in my lifetime; the murder of Mike Brown really was a trigger for a lot of activism, and since then a lot of these senseless killings of black men, black women, 2/21/25, 7:08 Young Men Learning Conflict Resolution Skills Reduces Misconduct - Men's Resource Center 11/20 brown folks, or all folks of color have been put on the forefront and we\u2019ve seen a lot of activism on campus as a result of that. Which appreciate! [Flood: \u201cYeah. For sure think the strongest voices on the campus are our students. When they say \u201cjump,\u201d we as administrators often times jump. Flood: We are hearing some kickback of the movement and the All Lives Matter movement, \u2026 if that is such a movement. Of course, all lives matter, but always think about if we put a certain animal on the extinction list, it\u2019s because we gotta pay special attention. It doesn\u2019t mean we don\u2019t care about the squirrels and the bunny rabbits anymore. [Williams: \u201cExactly.\u201d] So that idea that All Lives Matter\u2026 Anyway, I\u2019m just wondering if you run into students who feel attacked, or marginalized, or oppressed by that discussion. Williams: Of Black Lives Matter? Flood: Yeah. Williams: Yeah, of course. Flood: How do you manage that\u2014again, in that conflict resolution spirit\u2014 in getting or creating dialogue instead of punishing it and shutting it down. How do you try to create some kind of discernment or dialogue around some of that? Williams: Conflict resolution is perfect for these types of conversations when you bring people together who have varying ideas, opposing ideas 2/21/25, 7:08 Young Men Learning Conflict Resolution Skills Reduces Misconduct - Men's Resource Center 12/20 even. We bring them together. We set some ground rules. We have an extremely well-trained facilitator because as you can imagine these conversations can go left really fast. But you set those ground rules. And the purpose of dialogue versus a discussion or debate is that in a dialogue you come to ask more questions than make statements. You know you really want to have that sense of understanding right? So, I\u2019m gonna ask questions so that can understand where you\u2019re coming from even when we leave this space. We may not agree with each other, but at least I\u2019ll understand how our opinions fundamentally differ. Right? That\u2019s the goal. And let people know that facilitated dialogue doesn\u2019t mean we are going to reach some sort of resolution today. We\u2019re not trying to convince you to think the way that think, the way that someone else thinks. We just want you to understand their point of view. So, in my opinion, the best way to educate someone who is against the Black Lives Matter movement is for them to really educate themselves on what the Black Lives Matter movement is. Of course, all lives matter. But all lives aren\u2019t being killed almost daily by police all over the country. So, we\u2019re going to pay special attention to this population who needs it. Respecting Trade Skills Honed 2/21/25, 7:08 Young Men Learning Conflict Resolution Skills Reduces Misconduct - Men's Resource Center 13/20 Outside of Academia Flood: You have so much knowledge that want to tap into, weigh into all of this in a short amount of time\u2014so pivot to looking at just young men coming on campus and just the stats right now. Right now, more females are graduating from college than don\u2019t know if you know the percentage and the gender disparity but every time look at it it\u2019s about 60/40. So, you think about this tremendous shift; failure to launch, young men struggling, the attrition rate is greater for young men. What do you see going on with that and how can we help these young men? What\u2019s the struggle as you see it? Williams can speculate can imagine that just the traditional European education style where you sit down and I\u2019m gonna lecture to you for so many hours, and then you regurgitate the information you learned, that doesn\u2019t work for a lot of men, or for some students, period think there\u2019s data, now don\u2019t quote me on this, but women probably have a longer attention span than men. So, for a man, a male student, to be in a class for three hours, expected to listen to a math lecture mean halfway through they\u2019re just like, this isn\u2019t for me. [Both: Laugh.] I\u2019ve had that. I\u2019m a doctoral student and I\u2019m in class once a month, three days a 2/21/25, 7:08 Young Men Learning Conflict Resolution Skills Reduces Misconduct - Men's Resource Center 14/20 week, from 10 am to 6 pm. And due to the pandemic, it\u2019s over Zoom. [Laughs] As an adult think can focus a bit longer. But you can imagine halfway through some of these lectures my mind is on everything else that wish was doing. So, maybe that has something to do with it don\u2019t want to generalize, but do know that some of the more hands-on, more physical occupations, are dominated by men. Not because women don\u2019t want to do it, it\u2019s just that men are more targeted for those opportunities. Flood: Right. And in reference to getting people educated, credentials, and advanced degrees think we\u2019ve forgotten about the trades and the value of that. So, giving people options for non-traditional ways of working and learning a skill. Williams: Yeah. That is huge. We definitely need to invest in our trades mean, just basic carpentry. We don\u2019t have people to repair homes anymore think we need to get back to our trades. Flood appreciate all of the work you do and just that ethos of trying to create spaces for people to resolve problems and create healing. I\u2019m glad you\u2019re at the forefront of that. And appreciate you coming in and talking about it. Williams: Yeah, no problem. When anybody asks me what do for a living tell them maintain relationships. [Flood: \u201cWow.\u201d] That\u2019s what it\u2019s all about. 2/21/25, 7:08 Young Men Learning Conflict Resolution Skills Reduces Misconduct - Men's Resource Center 15/20 By Mens Resource Center | September 28th, 2021 \ue604 \ue90b \ue60f Graduating to a Fuller, Healthier Life Although the focus of this piece is on college students, we know it\u2019s not only college students who benefit from learning conflict resolution skills. Our Progressions program helps guide young men in choosing a path that\u2019s best for them. We work with them toward developing greater independence and stability. The Men\u2019s Resource Center also offers a number of trainings and workshops for organizations and institutions focused on creating healthier cultures. If you have any questions about these programs or our counseling, coaching, and consultative services, please free to contact the Men\u2019s Resource Center online or call us at (616) 456-1178. In addition, if you have questions about this segment, ideas for a topic, or would like to be a guest on the Revealing Men podcast, let us know. 2/21/25, 7:08 Young Men Learning Conflict Resolution Skills Reduces Misconduct - Men's Resource Center 16/20 Share This Episode \ue616 Subscribe 3 Comments person October 5, 2021 at 9:55 pm - Reply \u201cYou\u2019ve got these freshmen sometimes coming from rural settings and they\u2019re going to be the big man on campus. They go to a party and consume large amounts of alcohol. They meet someone at a party and then all of a sudden, they proceed to try to engage sexually without knowing someone. And things just don\u2019t turn out so well am interested to know why you decided to depict people from rural settings as sexual 2/21/25, 7:08 Young Men Learning Conflict Resolution Skills Reduces Misconduct - Men's Resource Center 17/20 assaulters/rapists. Seems very strange. Randy Flood October 12, 2021 at 12:20 pm - Reply Dear \u201cPerson say \u201csometimes coming from rural settings\u201d noting that it isn\u2019t all the time did bring this up because a lot of the times when do risk assessments on these cases notice a trend or typology of young males from small-town America coming to urban campuses with uninformed or outdated ideas about university settings that leads them into following unhealthy masculine tropes about sexuality which leads to their misconduct. There are plenty of dysfunctional and unhelpful medial representations of male sexuality that young men attempt to mimic, which creates situations where they are naively aggressive rather than empathically consensual. There are other typologies of course, but that is one example came up with on the fly because it is based in my clinical experience don\u2019t know if you ever saw the old film \u201cUrban Cowboy\u201d, but it is somewhat of a 21st-century version of that sad plot actually have a lot of compassion for these misguided young men, and they 2/21/25, 7:08 Young Men Learning Conflict Resolution Skills Reduces Misconduct - Men's Resource Center 18/20 Name (required) Email (required) Website respond quite well to counseling and coaching. person January 12, 2022 at 9:11 am - Reply Ok. It still seems very strange to me hope you will take the time to examine your prejudices appreciate you making your prejudices (prejudgements) explicit this way. Leave Comment Comment... Sign me up for the newsletter. This site uses Akismet to reduce spam. Learn how your comment data is processed 2/21/25, 7:08 Young Men Learning Conflict Resolution Skills Reduces Misconduct - Men's Resource Center 19/20 Your email address 534 Fountain St Grand Rapids 49503 (616) 456-1178 2/21/25, 7:08 Young Men Learning Conflict Resolution Skills Reduces Misconduct - Men's Resource Center 20/20"} |
8,643 | William Donohue | Michigan State University | [
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] | {"8643_101.pdf": "Post Hoc Reasoning in Possible Cases of Child Sexual Abuse: Symptoms of Inconclusive Origins. Journal Article Database PsycArticles Add To My List \u00a9 Request Permissions Get Access Cited by 28 (/search/citedBy/2003-07528-007) Citation statements \ue90b33 \ue9031 \ue90213 \ue80a0 Sbraga, Tamara Penix (/search/results?term=Sbraga,%20Tamara%20Penix&latSearchType=a) O'Donohu e, William (/search/results?term=O'Donohue,%20William&latSearchType=a) Citation Sbraga, T. P., & O'Donohue, W. (2003). Post Hoc Reasoning in Possible Cases of Child Sexual Abuse: Symptoms of Inconclusive Origins. Clinical Psychology: Science and Practice, 10(3), 320\u2013334. (/doi/10.1093/clipsy.bpg029) This article addresses the role of psychological expert testimony in possible cases of child sexual abuse (CSA). It describes the logical conditions that must be met in order to engage validly in post hoc reasoning from present symptoms experienced by a child to the conclusion that the child has or has not been sexually abused. The use of various stress and sexual abuse accommodation theories as support for these conclusions is examined. In addition, the practical problems of using Bayes' Theorem to inform jurors in suspected cases of are described, and an actuarial model of post hoc reasoning is proposed. Given the gaps in knowledge concerning the relevant probabilities and thus the differential probabilities of symptom/abuse versus symptom/no abuse, it is argued that it is not possible currently to reason from symptom observation at Time 2 to abuse status at Time 1. The implications of this thesis are explored. Finally, the valuable forensic contributions that may be made by mental health experts in cases of alleged are suggested. (PsycInfo Database Record (c) 2024 APA, all rights reserved) Abstract 2/21/25, 7:08 Post Hoc Reasoning in Possible Cases of Child Sexual Abuse: Symptoms of Inconclusive Origins. 1/2 Contact | Give Feedback | Help \u00a9 2025 American Psychological Association. All rights, including for text and data mining training, and similar technologies, are reserved. Clinical Psychology: Science and Practice Journal (/PsycARTICLES/journal/cps/10/3) Related Content Post Hoc Reasoning in Possible Cases of Child Sexual Abuse: Just Say No. (/record/2003-07528-011) Resick, Patricia A., 2003 An Elaboration on Causation and Positive Cases in Child Sexual Abuse. (/record/2003-07528-012) Rind, Bruce, 2003 Scientific Expert Testimony in Cases: Legal, Ethical, and Scientific Considerations. (/record/2003- 07528-013) Gratz, Kim L.; Orsillo, Susan M., 2003 \uf09a \uf16a \uf0e1 2/21/25, 7:08 Post Hoc Reasoning in Possible Cases of Child Sexual Abuse: Symptoms of Inconclusive Origins. 2/2", "8643_102.pdf": "Abstract In this article, we explicate a relatively ignored construct in clinical science\u2014procedural justice. Procedural justice is concerned with adjudicative processes in which norms are applied to particular cases in which there is an allegation of some transgression. Psychologists often value social justice, but there can be no social justice without procedural justice. Procedural-justice concerns arise in a wide variety of interpersonal contexts, including diagnoses, administrative adjudications such as ethics complaints or Title hearings, conflicts clients experience with others, and more informal contexts such as gossip. Exemplars of problematic procedural justice relevant to psychologists are described. We argue that there are five general dimensions of procedural justice (epistemic, ethical, subjective, legal, and pragmatic) and 20 specific principles of procedural fairness. Suggestions for improved practice and future research are provided. Procedural justice exemplifies values embodied in the late Scott Lilienfeld\u2019s work and life. \udb64\ude66 \udb64\ude67 \udb64\ude68 \udb64\ude69 Get full access to this article View all access and purchase options for this article. Get Access \udb64\udf24 Transparency Journal indexing and metrics Clinical Psychological Science \udb64\udebbContents \udb64\ude66 \udb64\ude67 \udb64\ude68 \udb64\ude69Get access \udb64\udcffMore 2/21/25, 7:08 Accusation Is Not Proof: Procedural Justice in Psychology - William O\u2019Donohue, Jane E. Fisher, 2023 1/15 Action Editor: Cory Cobb Editor: Jennifer L. Tackett Author Contributions William O\u2019Donohue: Conceptualization; Investigation; Writing \u2013 original draft; Writing \u2013 review & editing. Jane E. Fisher: Conceptualization; Investigation; Writing \u2013 original draft; Writing \u2013 review & editing. References Ali R. (2011, April). Dear Colleague Letter, Office of Civil Rights, United States Department of Education. iolence.pdf Google Scholar American Psychiatric Association. (2013). Diagnostic and statistical manual of mental disorders (5th ed.). Google Scholar American Psychological Association. (2017). Ethical principles of psychologists and code of conduct. Google Scholar Commission on Ethics Processes. (2017). Report to board of directors & council of representatives. Google Scholar Association of Psychological Science. (n.d.). Ethics policy & code of conduct. ologicalscience.org/code-of-conduct Google Scholar Balleisen E. J., Moss D. A. (2012). Government and markets: Toward a new theory of regulation. Cambridge University Press. Google Scholar 2/21/25, 7:08 Accusation Is Not Proof: Procedural Justice in Psychology - William O\u2019Donohue, Jane E. 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The Atlantic. hive/2017/09/the-question-of-race-in-campus-sexual-assault-cases/539361/ Google Scholar Similar articles: Can Justice Be Served on Campus?: An Examination of Due Process and Victim Protection Policies in the Campus Adjudication of Sexual Assault in Maryland Show Details \udb64\udd99 Handling Sexual Harassment Complaints in Sri Lanka: Fair Process and Best Practices Show Details \udb64\udd99 Procedural Justice and Citizen Review of Complaints Against the Police: Structure, Outcomes, and Complainants\u2019 Subjective Experiences Show Details \udb64\udd99 Restricted access Restricted access Restricted access 2/21/25, 7:08 Accusation Is Not Proof: Procedural Justice in Psychology - William O\u2019Donohue, Jane E. 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Fisher, 2023 15/15", "8643_103.pdf": "Home University of Nevada, Reno Department of Psychology William o'Donohue William o'Donohue University of Nevada, Reno \u00b7 Department of Psychology Doctor of Philosophy 86 Publications 1,978 Reads ,950 Citations uction Skills and Expertise Training Evidence Based Practice Training and Development ations (386) Psychological and Investigative Pathways to Untrue Allegations f Child Sexual Abuse Chapter Jan 2016 William o'Donohue \u00b7 Olga Cirlugea \u00b7 Natalie Bennett \u00b7 Lorraine Benuto When an allegation of child sexual abuse is made, law enforcement ften immediately becomes involved and some kind of investigation egarding the child\u2019s allegations is undertaken. O\u2019Donohue, Benuto, nd Fanetti (2010) previously proposed a systematic model of athways to false allegations whereby they identified two major athways to a false alleg... Contact Contact View Recruit researchers Join for free Login ations About Publications 386 Network Connect with experts in your field Join ResearchGate to contact this researcher and connect with your scientific community. Join for free Log in Connect with exp Join ResearchGat researcher and co scientific commun Join for free 2/21/25, 7:08 William | Doctor of Philosophy | University of Nevada, Reno, Reno | Department of Psychology | Research pro\u2026 1/27 How Often Do Children Lie About Being Sexually Abused? Chapter Jan 2016 William o'Donohue \u00b7 Olga Cirlugea he question of the child\u2019s veracity regarding sexual abuse can arise n several contexts. Parents can wonder about their children\u2019s llegations or lack thereof (e.g., given other children\u2019s allegations or worrying signs such as genital rashes). Law enforcement facing ecisions about arrest and prosecution also can want to understand his question.... nhancing Behavioral Health in Latino Populations: Reducing Disparities Through Integrated Behavioral and Primary Care Book Jan 2016 Lorraine Benuto \u00b7 William o'Donohue his timely volume examines the potential of integrated care in roviding effective, accessible behavioral healthcare for Latino clients. he integrated care model is discussed in practical terms, with uidelines for the addressing the needs of Latinos in a coordinated, atient-focused setting. Specific points of attention include common ehavioral... orensic Interviews Regarding Child Sexual Abuse Guide to vidence-Based Practice Book Jan 2016 William o'Donohue \u00b7 Matthew Fanetti his wide-ranging volume combines the current findings and frontline nowledge working practitioners need to know about forensic nterviewing of children in sexual abuse cases. Coverage begins with he basics: legal and ethical principles, interview planning and rocedure, psychometric and cultural issues, pitfalls and how to avoid hem. Perspectiv... Behavior Therapy: Evidence-Based Practice, Clinical Applications, Unresolved Issues Article Dec 2015 Kyle E. Ferguson \u00b7 William o'Donohue ehavior therapy is inextricably tied to the health care environment nd its practice is subject to the same market forces as other herapeutic orientations like psychoanalysis and psychodynamic herapy, humanistic therapy, and theoretical eclecticism. Of course, as most practitioners who have had to navigate through current rocedural terminology... View View View View 2/21/25, 7:08 William | Doctor of Philosophy | University of Nevada, Reno, Reno | Department of Psychology | Research pro\u2026 2/27 Behavior Therapy: Background, Basic Principles, and Early History Article Dec 2015 Kyle E. Ferguson \u00b7 William o'Donohue ehavior therapy has a complicated history and ever-changing web of ntellectual allegiances and influences, including behaviorism, ehavior science, cognitive science, folk psychology, and Eastern hilosophical traditions, to name only a few. These schools of thought re extremely difficult if not impossible to encapsulate using a few imple prope... Behavior Therapy: The Second and Third Waves Article Dec 2015 Kyle E. Ferguson \u00b7 William o'Donohue irst-generation or first-wave behavior therapy developed out of issatisfaction with psychoanalysis. Though it showed much promise n treating rather intractable conditions that eluded psychoanalysts at he time, it, too, was not above criticism \u2013 which gave rise to the econd wave of behavior therapy. Cognitive therapy and cognitive ehavior ther... ntegrated Primary and Behavioral Care: Role in Medical Homes nd Chronic Disease Management Book Nov 2015 William o'Donohue \u00b7 Alexandros Maragakis his timely analysis spotlights the concepts and possibilities of the Patient-Centered Medical Home for bringing mental health and other pecialties into primary care. Overview chapters present the Patient- Centered Medical Home model, emphasizing how such systems are rganized to solve widespread problems with accessibility, ffordability, efficien... raining the Behavioral Health Workforce for the Patient- Centered Medical Home Chapter Nov 2015 William o'Donohue \u00b7 Alexandros Maragakis he argument that behavioral health providers (BHPs) require pecialized training to meet the unique demands of the primary care han what is usually provided in, for example, the standard clinical sychology or social work curricula has been a topic discussed by thers. Recommendations about what basic competencies an ntegrated care requires... View View View View 2/21/25, 7:08 William | Doctor of Philosophy | University of Nevada, Reno, Reno | Department of Psychology | Research pro\u2026 3/27 Patient-Centered Medical Homes: The Promise and the Research Agenda Chapter Nov 2015 Alexandros Maragakis \u00b7 William o'Donohue o address numerous problems with costly, unsafe, and inefficient ragmented care in the health-care system, primary care reform as become a major area of interest. Proposed reforms have been entered around goals first articulated in the Institute of Medicine\u2019s OM\u2019s) Crossing the Quality Chasm (2001), namely reducing medical rrors, controll... Oppression, Privilege, Bias, Prejudice and Stereotyping: Problems in the Code of Ethics Article Aug 2015 William o'Donohue he American Psychological Association\u2019s Ethical Principles of Psychologists and Code of Conduct places ethical obligations upon sychologists based on another\u2019s \u201cage, gender, gender identity, race, thnicity, culture, national origin, religion, sexual orientation, disability, anguage or socioeconomic status.\u201d This article explores 18 major roble... reatment of the Sexually Abused Child: Review and Synthesis of Recent Meta-Analyses Article Jun 2015 Lorraine Benuto \u00b7 William o'Donohue Approximately 20 years ago O\u2019Donohue and Elliott (1992) reviewed he treatment outcome literature for sexually abused children and valuated each study on several criteria (e.g., adequacy of the escription of therapy, subjects, and research design; assessment of linical significance and social validity; inclusion of follow-up ssessment to establ Case Study of Overselling Psychotherapy: An Intervention or Diabetes Management Article Jun 2015 William o'Donohue \u00b7 Cassandra Snipes \u00b7 Cyndy Soto here have been numerous indications that the scientific literature egarding treatment safety and effectiveness can be biased. In this ase study, we examine several reports relevant to an acceptance and ommitment therapy (ACT) intervention attempting to improve iabetes self-management. The analysis indicated that several key egative results fo... View View View View 2/21/25, 7:08 William | Doctor of Philosophy | University of Nevada, Reno, Reno | Department of Psychology | Research pro\u2026 4/27 Psychologists and the Ethical Use of Enhanced Interrogation echniques to Save Lives (EITSLs) Article Apr 2015 William o'Donohue \u00b7 Cassandra Snipes \u00b7 Cyndy Soto \u00b7 Alexandros Maragakis Arrigo, Debatto, Rockwood, and Mawe have taken issue with a umber of arguments in our previous paper. We respond in four major ways: (1) pointing out that they never really take on, let alone refute, he key argument in our paper\u2014that utilitarian, deontic, and virtue thical theories are not only consistent with the use of enhanced nterrogation a... eam-based stepped care in integrated delivery settings Article Full-text available Mar 2015 Cassandra Snipes \u00b7 Alexandros Maragakis \u00b7 William 'Donohue ragmented health care delivery is recognized as increasingly roblematic. Integrated care has been advanced as a reform that will mprove quality of care and lower costs. Despite the application of ntegrated care systems in the United States, there has been a limited mount of empirical work explicating the most effective health care athways. St... Scientific Metaphysics and Ontology Chapter Jan 2015 William o'Donohue \u00b7 Emerson Epstein he phrase scientific metaphysics is controversial and reveals some of he key developments in twentieth-century analytic philosophy and hilosophy of science. This entry reviews some of the major rguments concerning scientific metaphysics in the twentieth century. he logical positivists thought that metaphysics was meaningless and, s such, coul... ermination of Psychotherapy Chapter Jan 2015 William o'Donohue \u00b7 Cassandra Snipes ermination refers to the ending of a period of psychotherapy. There as been a wide variety of views on its significance and how it ought o be conducted. Most termination seems to be patient initiated (i.e., he result of the client not showing up for a scheduled session). View View View 2/21/25, 7:08 William | Doctor of Philosophy | University of Nevada, Reno, Reno | Department of Psychology | Research pro\u2026 5/27 ermination can also depend on a number of variables, such as the heoreti... Natural Kinds Chapter Jan 2015 William o'Donohue \u00b7 Alexandros Maragakis Natural kinds refer to groupings that are thought to exist in nature and hat are not dependent on human cognition. To a scientific realist, cience finds natural kinds when it finds that certain groupings result n lawful behavior. The chemical elements would be canonical xemplars of natural kinds, whereas balls and strikes in baseball would not... Hempel, Carl (1905\u201397) Chapter Jan 2015 William o'Donohue \u00b7 Olga Cirlugea Carl Hempel (1905\u201397) was a twentieth-century philosopher of cience who was initially associated with logical positivism but went on o do important work on scientific explanation, induction, and the tructure of scientific theories, particularly regarding problems of how heoretical terms relate to observational terms. Hempel claimed that here w... Protocol for the Standardization of Sexual Harassment nvestigations Mediational Approach Chapter Jan 2015 William o'Donohue \u00b7 Adrian H. Bowers \u00b7 Gwendolyn Carlson Addresses current legal and psychological issues involved in campus nd workplace violence, specifically sexual misconduct, and offers est practices for organizations seeking to prevent and respond to exual misconduct. Based on an idea conceived at a conference for he International Coalition of Sexual Harassment, this book offers up- o-date info... Pilot testing of the Pediatric Screening Inventory in the Primary are setting. Article Jan 2015 Michelle Byrd \u00b7 William o'Donohue \u00b7 Alexandros Maragakis Objective: The present study was a preliminary evaluation of a arental self-report questionnaire appropriate for the pediatric primary are setting (The Pediatric Screening Inventory; PSI). The ssesses three domains: parenting skills, child behavior problems, View View View View 2/21/25, 7:08 William | Doctor of Philosophy | University of Nevada, Reno, Reno | Department of Psychology | Research pro\u2026 6/27 nd behaviors related to medical compliance. Methods: Piloting of the involved a... s culturally sensitive cognitive behavioral therapy an empirically upported treatment?: The case for Hispanics Article Jan 2015 Lorraine Benuto \u00b7 William o'Donohue n this paper we reviewed the literature to determine what \"culturally ensitive\" interventions (whereby \"culturally sensitive\" was defined as ny study that included a specific focus on the cultural group of nterest) can be considered well-established, beneficial treatments for se with Hispanic populations. Despite several hundred publications ... Health, Happiness, and Well-Being: Better Living Through Psychological Science Book Jan 2015 Steven Jay Lynn \u00b7 William o'Donohue \u00b7 Scott O. Lilienfeld Health, Happiness, and Well-Being : Better Living Through Psychological Science Chapter Jan 2015 Steven Jay Lynn \u00b7 William o'Donohue \u00b7 Scott O. Lilienfeld Weapons of Mass Psychological Destruction: Policy and Prevention Chapter Jan 2015 William o'Donohue must-read for every concerned citizen, this absorbing book goes nside the mind of the psychological terrorist to look at what motivates im to act and to choose the weapon he does. Created by a team of xperts in military science and psychology, this timely study is the first omprehensive treatment of the tactical and psychological use of weapo... ools for Quality Improvement Chapter Dec 2014 Alexandros Maragakis \u00b7 William o'Donohue ools for Testifying in Court View View View View View View 2/21/25, 7:08 William | Doctor of Philosophy | University of Nevada, Reno, Reno | Department of Psychology | Research pro\u2026 7/27 Chapter Dec 2014 William o'Donohue Delivery of assessment or treatment services to juvenile sexual ffenders and their victims often requires interaction with the legal ystem. Therefore, professionals working in this area sometimes face he prospect of testifying in court. For many professionals, this rospect can cause considerable anxiety. Some of this anxiety may be ue to the f... orensic Child Psychology: Working in the Courts and Clinic Book Dec 2014 Matthew Fanetti \u00b7 William o'Donohue \u00b7 Rachel Fondren Happel \u00b7 Kresta Daly xamining the Scientific Validity of Rape Trauma Syndrome Article Full-text available Nov 2014 William o'Donohue \u00b7 Gwendolyn Carlson \u00b7 Lorraine enuto \u00b7 Natalie Bennett Rape trauma syndrome (RTS) was first described by Burgess and Holmstrom (197415. Burgess, A.W., & Holmstrom, L.L. (1974). Rape rauma syndrome. American Journal of Psychiatry, 131, 980\u2013986.View ll references) who argued that there was little information that escribed the physical and psychological effects of rape, associated herapy and provision... he Construct of Grooming in Child Sexual Abuse: Conceptual nd Measurement Issues Article Sep 2014 Natalie Bennett \u00b7 William o'Donohue Abstract There have been claims that some child molesters engage in \"seduction stage\" prior to committing abuse. These behaviors, ommonly known as \"grooming,\" are understood as methods child molesters use to gain access to and prepare future victims to be ompliant with abuse. However, there is a lack of consensus regarding xactly what this pro... ncreasing the Productivity of the Clinical Psychologist Neglected Archimedean Pivot? Article Full-text available Aug 2014 William o'Donohue \u00b7 Cassandra Snipes \u00b7 Alexandros Maragakis View View View View 2/21/25, 7:08 William | Doctor of Philosophy | University of Nevada, Reno, Reno | Department of Psychology | Research pro\u2026 8/27 he productivity of the clinical psychologist has received inadequate ttention and, more importantly, has not significantly improved over he past century. We define productivity, discuss potential benefits to onsumers (e.g., potentially driving price down, increasing access), nd ways productivity benefits those associated with the delivery of ... Analyzing Child Sexual Abuse Allegations: Further Considerations Article May 2014 William o'Donohue \u00b7 Lorraine Benuto \u00b7 Olga Cirlugea We originally proposed a model for analyzing child sexual abuse llegations. Since we originally proposed our model, Dale and Gould nd Kirkpatrick offered several critiques, and Kirkpatrick offered everal recommendations for strengthening it. In this commentary, we espond to these critiques and recommendations. thics & Behavior The Ethics of Enhanced Interrogations and orture Reappraisal of the Argument Article Full-text available Jan 2014 William o'Donohue \u00b7 Cassandra Snipes \u00b7 Georgia Dalto \u00b7 ..] \u00b7 Sungjin Im his article critically reviews what is known about the ethical status of sychologists\u2019 putative involvement with enhanced interrogations and orture (EITs). We examine three major normative ethical accounts utilitarian, deontic, and virtue ethics) of EITs and conclude, contra the American Psychological Association, that reasonable arguments can... Healthcare reform means training reform Article Full-text available Jan 2014 William o'Donohue \u00b7 Alexandros Maragakis Healthcare reform, including the reforms exemplified in the Affordable Care Act (ACA), has significant implications for the demand of ealthcare professionals, including clinical psychologists. This paper ritically reviews extant workforce analyses of both current and future tatuses of the supply and demand for clinical psychologists. While here... inancial Skills Chapter Jan 2014 William o'Donohue \u00b7 Alexandros Maragakis View View View View View 2/21/25, 7:08 William | Doctor of Philosophy | University of Nevada, Reno, Reno | Department of Psychology | Research pro\u2026 9/27 Memory and Complications to the Interviewing of Suspected Child and Adolescent Victims Article Dec 2013 Matthew Fanetti \u00b7 Rachel Fondren-Happel \u00b7 William 'Donohue Dimensions of Child Sexual Abuse Allegations: What is Unusual nd What is Not? Article Oct 2013 William o'Donohue \u00b7 Lorraine Benuto \u00b7 Rachel N. Fondren \u00b7 ..] \u00b7 Matthew Fanetti ummit claimed via his child sexual abuse accomodation syndrome CSAAS) that children often (a) recant; (b) make disclosures that are nconvincing (i.e., \u201cillogical\u201d and \u201cincredible\u201d); (c) make contradictory laims; and (d) make delayed claims. In this study, 97 substantiated ases of child sexual abuse were examined for both the key properties ut... rrors in Psychological Practice: Devising a System to Improve Client Safety and Well-Being Article Full-text available Oct 2013 William o'Donohue \u00b7 Jessica L. Engle Physical medicine has made significant progress in defining medical rrors and creating quality improvement systems to detect and minimize these. Clinical psychology has not made similar progress, artly because as a field we have made little advancement in defining what a psychotherapy error is beyond egregious violations of the thical Code such... Analyzing Child Sexual Abuse Allegations Article Jul 2013 William o'Donohue \u00b7 Lorraine Benuto \u00b7 Olga Cirlugea When children make allegations of sexual abuse, forensic rofessionals are often involved in attempts to develop a better nderstanding of these allegations. This article offers a model that can e used by forensic professionals to analyze allegations of abuse. The model seeks to either rule in or rule out plausible hypotheses that ften surround a... Coping with Infertility: Clinically Proven Ways of Managing the motional Roller Coaster Book May 2013 View View View View 2/21/25, 7:08 William | Doctor of Philosophy | University of Nevada, Reno, Reno | Department of Psychology | Research pro\u2026 10/27 Negar Nicole Jacobs \u00b7 William o'Donohue he Spell of Kuhn on Psychology Chapter May 2013 William o'Donohue n their meta-scientific studies of psychology, psychologists often use what they take to be the views of the historian of science, Thomas Kuhn. Although a critical examination of psychology or aspects of sychology is laudatory, psychologists also need to accurately nderstand and to assume a critical stance toward the meta-scientific iews that t... pistemology and Logical Positivism Chapter May 2013 William o'Donohue start this chapter with a brief introduction to contemporary pistemology. Epistemology is the philosophical study of knowledge\u2014 more specifically, the questions of \u201cWhat is knowledge?\u201d; \u201cIs nowledge even possible?\u201d; (also known as the skeptical question)\u2014 nd \u201cHow does knowledge grow?\u201d being some of the central problems f epistemology. In most c... he Major Problems of the Philosophy of Science and Clinical Psychology Chapter May 2013 William o'Donohue ome individuals reject philosophy and philosophical analysis ecause they claim there simply are no problems to be examined\u2014 here is nothing there. For example, if one thinks that it is just bsolutely clear what is morally right and what is morally wrong, and why these have this sort of status\u2014then, it would seem to follow that here is then no n... Post-Modernism, Social Constructionism, and the Science Wars Chapter May 2013 William o'Donohue Any overview of the philosophy of science would not be complete without covering these recent views as they have received a lot of ttention in the past few decades. Many of these views are quite ontroversial on a number of dimensions\u2014sometimes the criticism is hat these views are meaningless or at a minimum obscurantist (see he so-called Sokal... View View View View View 2/21/25, 7:08 William | Doctor of Philosophy | University of Nevada, Reno, Reno | Department of Psychology | Research pro\u2026 11/27 he Complexity of Science Studies: Multiple Perspectives on a Human Endeavor Chapter May 2013 William o'Donohue Although this story might be a bit simplistic, across the chapters in this ook, you may have seen something like the following narrative nfold. First, scholars studying science brought the tools of traditional hilosophy, namely an examination of arguments (including inductive nd deductive arguments) and therefore an examination of the logic nd... our Other Major Philosophers of Science Chapter May 2013 William o'Donohue n this chapter, we will provide a brief overview of four other major hilosophers of science: Paul Feyerabend, Imre Lakatos, Larry audan, and Alan Gross. Each of these philosophers\u2019 work has been mpactful and the reader must have some acquaintance with this terature if they are to be conversant in the contemporary meta- cientific literature. Popper: Conjectures and Refutations Chapter May 2013 William o'Donohue Popper has arguably been the most influential philosopher of science n the 20th century. His influence is partly shown by the fact he was nighted\u2014actually Popper in the latter part of his life was known as Sir Karl Popper. To capture the richness and complexity of Popper\u2019s hought will divide his work into three sections. In the first section,... xamining Inconsistencies in Found Cases of Child Sexual Abuse. Conference Paper Apr 2013 Jena Casas \u00b7 Heather Pang \u00b7 Lorraine Benuto \u00b7 William 'Donohue An Empirical Examination of Prevalence Rates of Fantastical Details & Logistical Implausibilities in Found Cases of Child Sexual Abuse. Conference Paper Apr 2013 Heather Pang \u00b7 Jena Casas \u00b7 Lorraine Benuto \u00b7 William 'Donohue View View View View 2/21/25, 7:08 William | Doctor of Philosophy | University of Nevada, Reno, Reno | Department of Psychology | Research pro\u2026 12/27 Reforming the Behavioral Health Delivery System for Adolescents: Why Is It Needed and What Is Psychology\u2019s Role? Chapter Mar 2013 William o'Donohue \u00b7 Claire Rummel \u00b7 Alexandros Maragakis \u00b7 Cassandra Snipes pending on health care in the United States has grown at an nsustainable rate for the past four decades, yet millions of Americans ail to receive effective and efficient care. National expenditures for the ombined treatment of mental health ($100 billion) and substance buse ($21 billion) in 2003 accounted for only 7.5 % of total health are ex... Childrens\u2019 Allegations of Sexual Abuse Model for Forensic Assessment Article Jan 2013 William o'Donohue \u00b7 Lorraine Benuto \u00b7 Olga Cirlugea Clinical Psychology and the Philosophy of Science Book Jan 2013 William o'Donohue he motivation for this volume is simple. For a variety of reasons, linical psychologists have long shown considerable interest in the hilosophy of science. When logical positivism gained currency in the 930s, psychologists were among the most avid readers of what these hilosophers had to say about science. Part of the critique of Skinners adi... ntroduction and the wellness imperative with adolescent ehavioral health Chapter Jan 2013 William o'Donohue \u00b7 Lorraine Benuto \u00b7 Lauren Tolle \u00b7 [...] \u00b7 R. Davis Beyond the Rube Goldberg Model of Clinical Training: Toward More Efficient Training of Core Competencies Article Full-text available Aug 2012 William o'Donohue \u00b7 Matthew Boland Although there has been much discussion over the past several ecades regarding models of clinical training, there has been too little xplication of 3 related, and perhaps more fundamental, questions: (a) he specification of training outcomes question, that is, what exactly View View View View View 2/21/25, 7:08 William | Doctor of Philosophy | University of Nevada, Reno, Reno | Department of Psychology | Research pro\u2026 13/27 re the core competencies of a clinical psychologist that any training mo... Cognitive Behavior Therapy: Core Principles for Practice Book Jul 2012 William o'Donohue \u00b7 Jane Fisher earn and apply the 14 core principles of cognitive behavior therapy. n this invaluable guide, clinicians will find-identified and summarized y leading researchers and clinicians-fourteen core principles that ubsume the more than 400 cognitive behavioral therapy (CBT) reatment protocols currently in use, so they may apply them to their veryday... Universal childhood and adolescent obesity prevention rograms: Review and critical analysis Article Jul 2012 Ann Haynos \u00b7 William o'Donohue Authors reviewed randomly controlled studies of universal prevention f childhood obesity, identifying 29 studies that met review criteria. Review suggested that outcomes are generally modest across all age roups and there were few replications of any program; thus, at this me no universal prevention program for childhood obesity meets riteria... Methodology Chapter Mar 2012 Lauren Tolle \u00b7 William o'Donohue his chapter describes a preliminary randomly controlled trial of amily Court Judges\u2019 evaluation of custody evaluations based on the gregious/Promotive Factors Model vs. evaluation as usual. Although key measure is the predictive validity of various models, data from his study can at least give preliminary information about the construct alid... Review of Post-divorce Child Outcome Literature Chapter Mar 2012 Lauren Tolle \u00b7 William o'Donohue his chapter reviews literature specific to child outcomes in the context f divorce, as well as longitudinal research found to predict poorer and etter outcomes in children. This chapter discusses the limitations of his research, however, the uses of applying demonstrated outcomes o child custody evaluations. Risk factors discussed include: poo... View View View View View 2/21/25, 7:08 William | Doctor of Philosophy | University of Nevada, Reno, Reno | Department of Psychology | Research pro\u2026 14/27 Past and Current State of the Field Chapter Mar 2012 Lauren Tolle \u00b7 William o'Donohue here are important and longstanding controversies in the field egarding what principles or models ought to be used to decide ustody. The best interest of the child (BIC) is the predominate legal tandard across states. However, state law often does not define this onstruct thoroughly and there is considerable variation across states. Mental hea... Discussion of the Preliminary Validation Study\u2019s Results Chapter Mar 2012 Lauren Tolle \u00b7 William o'Donohue his study provided preliminary support for the Egregious/Promotive actors Model (EPFM) as a guideline for conducting child custody valuations. The was developed based on empirical evidence hat has been shown to predict outcomes in children. It suggests ssessments that may assist in measuring evidence of egregious and romotive factors in Preliminary Validation Study of the Model Chapter Mar 2012 Lauren Tolle \u00b7 William o'Donohue his chapter reviews literature examining what influences judges\u2019 ecision making, and specifically how much influence custody reports ave on this decision making. This chapter also introduces ypotheses of a randomly controlled trial of family court judges\u2019 valuation of custody evaluations based on the Egregious/Promotive actors Model, or an un... Results Chapter Mar 2012 Lauren Tolle \u00b7 William o'Donohue his chapter reviews results of the preliminary randomly controlled trial f family court judges\u2019 evaluation of the Egregious/Promotive Factors Model report as compared to an unspecified constructs report. Results ndicated that judges who received the report found the nclusion of the promotive factors to be important, and reported that hey... Development of the Egregious/Promotive Factors Model to Guide Custody Evaluations Chapter View View View View 2/21/25, 7:08 William | Doctor of Philosophy | University of Nevada, Reno, Reno | Department of Psychology | Research pro\u2026 15/27 Mar 2012 Lauren Tolle \u00b7 William o'Donohue his chapter proposes and argues for the egregious/promotive factors model (EPFM) of the best interests of the child. It consists of five gregious factors (i.e., dimensions upon which significant problems re relevant to determining the best interests of the child): (1) ignificant problems in the child\u2013parent relationship; (2) significant eficit... ntroduction: Outlining the Problem Chapter Mar 2012 Lauren Tolle \u00b7 William o'Donohue Divorce rates and custody arrangements have changed over the ears, with cultural influences affecting custody decisions. An inherent roblem of conducting custody evaluations is that no set of clear tandards exist to guide what constructs custody evaluators should ocus on. This \u201cquality crisis\u201d has problematic and potentially etrimental implica... Problems with Child Sexual Abuse Accommodation Syndrome Article Jan 2012 William o'Donohue \u00b7 Lorraine Benuto mproving the quality of child custody evaluations systematic model Book Jan 2012 Lauren Tolle \u00b7 William o'Donohue his book resolves a key problem that all evaluators need to attend o:, i.e., what constructs ought to be measured?, all the while giving hem practical ways of doing this. It also presents data showing family ourt judges like the model, and it does this fairly briefly but in a way hat is nicely embedded in the research literature. Stepped Care and e-Health: Practical Applications to Behavioral Disorders Book Jan 2011 Crissa Draper \u00b7 William o'Donohue tepped Care and E-Health Practical Applications to Behavioral Disorders William T. O\u2019Donohue and Crissa Draper, editors The facts re simple enough: the need for therapy outstrips the supply of quality herapists. Not everyone who needs help has the time or money for reatment, or has access to a qualified practitioner. And in many ases, traditio... View View View View 2/21/25, 7:08 William | Doctor of Philosophy | University of Nevada, Reno, Reno | Department of Psychology | Research pro\u2026 16/27 valuating a Web-Based Cognitive Behavioral Intervention for the Prevention and Treatment of Pediatric Obesity Chapter Oct 2010 Brie A. Moore \u00b7 William o'Donohue he prevalence of childhood obesity is increasing at an alarming rate. n the past 30 years, the percentage of overweight children has more han tripled (National Center for Health Statistics, 2002). This increase s seen in both sexes and in children of all ages, with Mexican-, African-, and Native-American children disproportionately affected Di... he Case for Evidence-Based Stepped Care as Part of a Reformed Delivery System Chapter Oct 2010 William o'Donohue \u00b7 Crissa Draper Healthcare is in crisis in the United States (Cummings and O\u2019Donohue, 2008). Most view healthcare as too costly, of uneven uality, difficult to access, and inefficient. Behavioral healthcare is no ifferent. Practitioners often charge 10\u201320 times the minimum wage and sometimes argue that even this price is insufficient) and provide ssessment and... he Psychology of Political Correctness in Higher Education Article Oct 2010 Richard E. Redding \u00b7 William o'Donohue n this chapter, we deconstruct the psychological goals and ssumptions underlying the foundational principles of the politically orrect university, which emphasize diversity in race, ethnicity, gender, nd sexual orientation but not sociopolitical ideas, and that require ultural sensitivity (seen in policies such as speech codes) so that minorit... Web-based treatment for infertility-related psychological distress Article Full-text available Aug 2010 Minden B. Sexton \u00b7 Michelle Byrd \u00b7 William o'Donohue \u00b7 Negar Nicole Jacobs nfertility has been associated with stigma and negative psychosocial unctioning. However, only a small proportion of this population ctually receives care. Fertility patients predominantly use the Internet or information gathering, social support, and assistance with decision- making; yet, available web resources are unreliable sources of mental... View View View View View 2/21/25, 7:08 William | Doctor of Philosophy | University of Nevada, Reno, Reno | Department of Psychology | Research pro\u2026 17/27 Children\u2019s Allegations of Sexual Abuse Model for Forensic Assessment Article Full-text available Jun 2010 William o'Donohue \u00b7 Lorraine Benuto \u00b7 Matthew Fanetti is important both clinically and forensically to gain information to rovide an understanding of the veracity of a child\u2019s allegations of exual abuse. Even though it is reasonable to hypothesize that most llegations are true\u2014children are not infallible and thus some llegations are false systematic model of pathways to false llegations\u2014how Critique of the Proposed Diagnosis of Pedophilia Article Mar 2010 William o'Donohue unctional Analysis Chapter Jan 2010 William o'Donohue \u00b7 Tamara Penix Loverich unctional analysis is a strategy for the assessment and treatment of mental health problems (or preferably \u201cbehavioral problems\u201d) with rigins in radical behaviorism, and particularly behavior therapy. It is enerally viewed as an assessment and treatment strategy within the arger realm of behavioral assessment and behavior therapy. More pecific... Psychology and Philosophy Chapter Jan 2010 William o'Donohue Concerns that are now typically part of contemporary psychology\u2014 What is the nature of the mind? What causes human happiness? How o humans come to believe or know?\u2014were, until the end of the ineteenth century, the concerns only of philosophers. In the latter part f the nineteenth century, investigators such as Wilhelm Wundt took n experimental a... he many problems with cultural sensitivity Article Jan 2010 William o'Donohue \u00b7 Lorraine Benuto Sexual Dysfunction View View View View View 2/21/25, 7:08 William | Doctor of Philosophy | University of Nevada, Reno, Reno | Department of Psychology | Research pro\u2026 18/27 Article Jan 2010 William o'Donohue \u00b7 Lauren Tolle tress plays a large role in the onset, maintenance, and exacerbation f sexual dysfunctions. Several different types of interventions have een found to be successful in alleviating the symptoms associated with sexual dysfunctions, including psychoeducation, couples therapy, nd the use of medication. Continuing to decrease the stigma urrounding... Web-based treatment for infertility-related psychological istress randomized controlled trial. Conference Paper Jan 2010 Minden B. Sexton \u00b7 Michelle Byrd \u00b7 William o'Donohue \u00b7 Negar Nicole Jacobs An Evaluation of a Mixed-Gender Sexual Assault Prevention Program Article Nov 2009 April Bradley \u00b7 Elizabeth Yeater \u00b7 William o'Donohue his study evaluated the short-term effectiveness of a mixed-gender exual assault prevention program developed for college students. Program participants (n = 177) were compared to non-program articipants (n = 132) prior to the program and during a 2-week follow- p period on measures of rape myths, victim empathy, perceived egative consequences... We are not a Healthcare Business: Our Inadvertent Vow of Poverty Article Mar 2009 Nicholas A. Cummings \u00b7 Janet L. Cummings \u00b7 William 'Donohue Psychology has been fractionated from mainstream healthcare elivery and this schism has resulted in huge costs to psychologists nd our intended customers. Psychology has also been na\u00efve conomically. The authors suggest three revolutions: (1) for clinical sychology to be better integrated into the healthcare delivery system; 2) for psychologist... he Unmet Educational Agenda in Integrated Care Article Mar 2009 William o'Donohue \u00b7 Nicholas Cummings \u00b7 Janet Cummings View View View View 2/21/25, 7:08 William | Doctor of Philosophy | University of Nevada, Reno, Reno | Department of Psychology | Research pro\u2026 19/27 One of the reasons integrated care has not become a dominant ervice delivery model is the unmet training agenda. This article rgues that the typical mental health professional is not trained to dequately address the challenges of integrated care. To insure ompetency both a macro and clinical training agenda are needed. At he macro-level, menta... he Financial Dimension of Integrated Behavioral/Primary Care Article Feb 2009 Nicholas Cummings \u00b7 William o'Donohue \u00b7 Janet Cummings here are two reasons why mental health, now more appropriately ermed behavioral healthcare, is declining: (a) a lack of understanding mong psychotherapists of healthcare economics, particularly the ntricacies of medical cost offset, and (b) our failure as a profession to ee the importance of behavioral interventions as an integral part of he... ntroduction Chapter Jan 2009 William o'Donohue \u00b7 Lauren Tolle Adolescence is a difficult period in life, regardless of whether or not here is a chronic illness involved. This period is often marked with istress, strained relationships, and difficulty in navigating new social oles. When individuals enter this developmental stage with a chronic ness, it can be especially trying. Despite how difficult this... How to Determine the Need Readiness Assessment System Chapter Jan 2009 Megan Oser \u00b7 William o'Donohue Health care organizations are facing increasing pressure to improve heir quality of care while reducing costs. Integrating behavioral health are within primary care settings has provided better and more fficient patient care using fewer resources at less cost. Accordingly, he three goals of integrated care include (a) producing healthier atien... ntegrated Care: Whom to Hire and How to Train Chapter Jan 2009 William o'Donohue he Primary Care Toolkit: Practical Resources for the Integrated Behavioral Care Provider View View View View View 2/21/25, 7:08 William | Doctor of Philosophy | University of Nevada, Reno, Reno | Department of Psychology | Research pro\u2026 20/27 Book Jan 2009 William o'Donohue \u00b7 Larry James he Primary Care Toolkit Practical Resources for the Integrated ehavioral Care Provider Edited by Larry James, Tripler Army Medical Center, Honolulu and William O\u2019Donohue, University of Nevada, Reno m working in a primary care facility. Now\u2026what am doing here? deally, the integration of behavioral health into the medical setting rings eff... Behavioral Approaches to Chronic Disease in Adolescence Guide to Integrative Care Book Jan 2009 William o'Donohue ehavioral Approaches to Chronic Disease in Adolescence Guide to ntegrative Care Edited by William O\u2019Donohue and Lauren Woodward olle Adolescence is typically fraught with problems, even under ptimal conditions. And when chronic illness is added to the picture, medical and related social issues can complicate, and even disrupt, he course of... Handbook of Contemporary Psychotherapy: Toward an Improved Understanding of Effective Psychotherapy Book Jan 2009 William o'Donohue \u00b7 Steven Graybar Adjunctive E-Health Article Dec 2008 Crissa Draper \u00b7 William 'Donohue his chapter discusses some of the advantages and disadvantages of -health as part of a therapist's toolbox for trying to improve behavioral ealth. E-health is the use of computer technologies to pursue some f the typical goals associated with healthcare, i.e., the prevention, etection, assessment, and treatment of health problems. E-health ec... Conclusions and Future Directions in the Study of Motor Vehicle Collisions Article Full-text available Dec 2008 Tony Iezzi \u00b7 Melanie P. Duckworth \u00b7 William o'Donohue his chapter provides views on the current status of motor vehicle ollision (MVC) research and practice and suggests future directions View View View View 2/21/25, 7:08 William | Doctor of Philosophy | University of Nevada, Reno, Reno | Department of Psychology | Research pro\u2026 21/27 or the study of MVCs and the associated physical and psychological onsequences of involvement. The experience is resented according to the usual chronology of the experience, with ontributors addressing... Chapter 1. Introduction Chapter Dec 2008 Melanie P. Duckworth \u00b7 Tony Iezzi \u00b7 William o'Donohue his chapter provides an overview of the structure and content of the ook chronological account of the assessment and treatment of ollision-related physical and psychological injuries is presented. This ncludes the scope and significance of motor vehicle collisions MVCs); the immediate physical and psychological aftermath of MVCs; rimary ca Chapter Dec 2008 William o'Donohue his chapter addresses the importance of both adjunctive therapies nd stepped care. Evidence-based adjunctive therapies should be onsidered in this strategic vision as they can be helpful, client referred, less expensive, less intrusive, offsetting of the therapist's weaknesses, and more comprehensive. However, there may be times when what is co... When Social Situations Take a Turn for the Worse: Situational nd Interpersonal Risk Factors for Sexual Aggression Article Aug 2008 Elizabeth A. Yeater \u00b7 Kathryn Lenberg \u00b7 Claudia Avina \u00b7 [...] \u00b7 William o'Donohue his study conducted an up-to-date assessment of situational and nterpersonal risk factors for sexual aggression. Two hundred ndergraduate women from a medium sized college on the west oast completed the Sexual Experiences Survey (SES) and a uestionnaire developed by the authors. Participants who reported exual victimization on the answ... leven Blunders that Cripple Psychotherapy in America Remedial Unblundering Article Apr 2008 Nicholas A. Cummings \u00b7 William o'Donohue After a period of economic success and high regard in society, clinical sychology has fallen onto hard times, assert authors Nicholas Cummings and William O'Donohue. In the 1960s, clinical View View View View 2/21/25, 7:08 William | Doctor of Philosophy | University of Nevada, Reno, Reno | Department of Psychology | Research pro\u2026 22/27 sychologists with doctorates were well paid in relation to comparable rofessions; today, starting salaries are lower than many jobs that equire only a bachel... ailoring Collaborative Care to Fit the Need: Two Contrasting Case Studies Chapter Jan 2008 Nicholas A. Cummings \u00b7 William o'Donohue As experience in full-fledged collaborative or integrated ehavioral/primary care repeatedly teaches us, one size does not fit ll. Practice patterns need to be realigned, budget issues must be esolved, and myriads of not-so-obvious impediments stemming from urf interests must be effectively addressed. Healthcare delivered for ecades in a tradit... What Goes Up Must Come Down: The Complexity of Managing Chronic Pain and Bipolar Disorder Chapter Jan 2008 Christine N. Runyan \u00b7 Scott Schinaman \u00b7 William o'Donohue .C. is a 40-year-old Caucasian woman who presented to the Kelly amily Medicine Clinic with multiple medical complaints, the most roblematic being chronic myofacial pain, predominantly in her lower ack, anxiety, and bipolar disorder. J.C. was well known to the military medical community owing to high utilization of primary and specialty medical... Sexual Disorders Chapter Jan 2008 Crissa Draper \u00b7 Nikhil Majumdar \u00b7 William o'Donohue \u00b7 Melissa Piasecki exual disorders can be the source of great suffering to people, ometimes due to embarrassment, sometimes due to physical pain, ometimes due to missed positives (e.g., affiliation, intimacy pleasure), nd sometimes due to illegality. Although medical research has roduced some useful medical, and in some cases surgical, reatments, behavioral app... Motor Vehicle Collisions: Medical, Psychosocial, and Legal Consequences Book Jan 2008 M.P. Duckworth \u00b7 Tony Iezzi \u00b7 William o'Donohue his book is a comprehensive review of the motor vehicle collision MVC) experience that includes chapters relevant to the assessment nd treatment of multiple consequences of involvement, View View View View 2/21/25, 7:08 William | Doctor of Philosophy | University of Nevada, Reno, Reno | Department of Psychology | Research pro\u2026 23/27 ncluding medical, psychosocial, and legal difficulties. The book is esigned to be accessible to both clinicians and researchers nterested in the study of... vidence-Based Adjunctive Treatments Book Jan 2008 William o'Donohue \u00b7 N.A. Cummings ace to face psychotherapy is useful, but expensive, in terms of direct rofessional fees and associated administrative costs. Moreover, onventional face-to-face therapy also has significant indirect costs uch as stigma, and opportunity costs (e.g., time and effort required to ttend sessions). Finally, this mode of therapy is simply not availabl... Motivational Interviewing: An evidence-based approach to ounseling helps patients follow treatment recommendations Article Nov 2007 Eric Ross Levensky \u00b7 Alyssa Forcehimes \u00b7 William 'Donohue \u00b7 Kendra Beitz Motivational interviewing is an evidenced-based counseling approach hat health care providers can use to help patients adhere to treatment ecommendations. It emphasizes using a directive, patient-centered tyle of interaction to promote behavioral change by helping patients xplore and resolve ambivalence. This article will help nurses learn ow... View View View 1 2 3 4 ork 2/21/25, 7:08 William | Doctor of Philosophy | University of Nevada, Reno, Reno | Department of Psychology | Research pro\u2026 24/27 Cited View All Cited By View All Current institution University of Nevada, Reno Department of Psychology \u00b7 Ren\u2026 Pim Cuijpers Vrije Universiteit Amsterdam Janet Williams Columbia University Dave Haaga American University Suzanne Bennett Johnson Florida State University Paul Crits-Christoph University of Pennsylvania Kirsten Jordan Universit\u00e4tsmedizin G\u00f6ttingen Iris M. Engelhard Utrecht University Nicole Buchanan Michigan State University Peter Fromberger Universit\u00e4tsmedizin G\u00f6ttingen St\u00e9phane Bouchard Universit\u00e9 du Qu\u00e9bec en Outaouais 2/21/25, 7:08 William | Doctor of Philosophy | University of Nevada, Reno, Reno | Department of Psychology | Research pro\u2026 25/27 William o'Donohue's Lab Co-authors Top co-authors All co-authors (50) View All Cassandra Snipes Henry Ford Health System Catalina Vechiu Edward Hines, Jr Hospital Natalie Bennett Alliant International University Jena Casas Tony Iezzi Join ResearchGate to find the people and research you need to help your work 25+ million members 160+ million publication pages 2.3+ billion citations Join for free Company About us News Careers Support Help Center Business solutions Advertising Recruiting \u00a9 2008-2025 ResearchGate GmbH. All rights reserved. Terms \u00b7 Privacy \u00b7 Copyright \u00b7 Imprint \u00b7 Consent preferences 2/21/25, 7:08 William | Doctor of Philosophy | University of Nevada, Reno, Reno | Department of Psychology | Research pro\u2026 26/27 2/21/25, 7:08 William | Doctor of Philosophy | University of Nevada, Reno, Reno | Department of Psychology | Research pro\u2026 27/27", "8643_104.pdf": "Advocates Say Investigation Into Sexual Misconduct At Shows Systemic Problem Public Media | By Michelle Jokisch Polo Published January 29, 2021 at 1:45 \u2022 0:52 Courtesy / Travis Menge And Mike Balow Mike Balow (left) and Travis Menge (right) are the state Republican party nominees to serve on the Board of Trustees. Some advocates for survivors of sexual assault say an investigation by the Lansing State Journal into the way Michigan State University disciplined employees for sexual misconduct demonstrates a systemic problem at the university. The Lansing State Journal\u2019s investigation into sexual misconduct at revealed that 49 faculty and staff have been found in violation of policy since 2015. Eleven of those people still remain at, or are associated with the institution The New York Philharmonic 90.5 2/21/25, 7:09 Advocates Say Investigation Into Sexual Misconduct At Shows Systemic Problem Public Media 1/5 Elizabeth Abdnour worked as the Title senior investigator at during the Larry Nassar scandal. She said the university cannot create a safe environment while still keeping these faculty employed think that the report clearly shows that even today has perpetrators on campus that they're not getting rid of,\" Abdnour said. Professor William Donohue teaches communications at and was named in the investigation. He has been found responsible for sexual misconduct on three different occassions. Abdnour said she doesn't believe has ever provided a clear answer on the impact it has had by continuing to keep professors like Donahue employed. \"Do colleagues who work with him who are women, and do students who learn under him who are women, or who are men or another gender identity, feel comfortable in the learning environment that he's in?\" she asked. Abdnour said she would like to see a clear process from when it comes to faculty violating the university's sexual misconduct policy. \"When we're talking about sexual harassment, sexual assault, stalking, relationship violence, those issues create such a potential hostile environment, that there needs to be a different and fast track procedure for discipline and termination,\" she added. According to Emily Guerrant, a spokesperson for MSU, when a faculty member at the university is found to be in violation of sexual misconduct, the human resources department works with the dean of the college the employee is a part of and the provost's office to determine the appropriate and relevant punishment. Today the university no longer grants emeritus status automatically once a faculty member retires. The New York Philharmonic 90.5 2/21/25, 7:09 Advocates Say Investigation Into Sexual Misconduct At Shows Systemic Problem Public Media 2/5 \"When there is a retirement, there is a pause, a moment of reflection to review the person who's retiring and to make sure that they don't have something on their record or in their past that would require us to consider not giving them emeritus status,\" Guerrant said. \"And then secondly, we are going back and looking at cases in which there was inappropriate behavior or findings, and revoking those emeritus statuses from the relevant personnel.\" Valerie von Frank, a mother of a survivor of Larry Nassar's abuse and founder of Parents of Sister Survivors Engage, an advocacy group for survivors of sexual violence, believes the problem of sexual misconduct by faculty at is systemic think that having reported perpetrators continuing to remain at the university or being given emeritus status shows that, despite words to contrary, that nothing much has changed unfortunately. Even in the wake of all of the efforts of the survivors, since 2018,\" she said. \"Actions speak louder than words.\" Von Frank said based on the investigation from the LSJ, it is clear that the university has a lot of work to do when it comes to supporting survivors of sexual violence think the university has to come to its own recognition that this is a problem think that the university and the individuals in these cases continue to abdicate their own responsibility and role in these situations,\" she said. As for the faculty and staff named in the investigation, Guerrant said everyone has been disciplined and the university is continuing with changes to improve accountability. \"We were going to be developing a task force to talk about the consistency of disciplinary actions, which is something the Lansing State Journal article did point to: a lack of consistency --we're aware of that and know that we need to work on that.\u201d Tags News Lansing State Journal Larry Nassar sexual misconduct Elizabeth Abdnour Valerie Vonfrank The New York Philharmonic 90.5 2/21/25, 7:09 Advocates Say Investigation Into Sexual Misconduct At Shows Systemic Problem Public Media 3/5 With new leaders shaping policies in Michigan and Washington remains committed to providing trusted coverage of the changes that impact you. Your support keeps this vital news freely accessible to our community. Donate today to power the reliable journalism you value \u00a9 2025 Michigan State University Board of Trustees Contact Us Michelle Jokisch Polo As WKAR's Bilingual Latinx Stories Reporter, Michelle reports in both English and Spanish on stories affecting Michigan's Latinx community. See stories by Michelle Jokisch Polo is supported by The New York Philharmonic 90.5 2/21/25, 7:09 Advocates Say Investigation Into Sexual Misconduct At Shows Systemic Problem Public Media 4/5 Directions and Map Employment Privacy Policy Notice of Nondiscrimination Public File Applications The New York Philharmonic 90.5 2/21/25, 7:09 Advocates Say Investigation Into Sexual Misconduct At Shows Systemic Problem Public Media 5/5"} |
7,915 | Perry Mills | Western Washington University | [
"7915_101.pdf",
"7915_102.pdf",
"7915_103.pdf",
"7915_104.pdf"
] | {"7915_101.pdf": "v (2009) Court of Appeals of Washington,Division 1. Perry MILLS, Appellant, v UNIVERSITY, Respondent. No. 62402-4-I. Decided: May 26, 2009 James Elliot Lobsenz, Carney Badley Spellman, Seattle, WA, for Appellant. Wendy Karen Bohlke, Attorney at Law, Bellingham, WA, for Respondent. \u00b6 1 Perry Mills is a tenured theatre professor at Western Washington University, a state educational institution. In response to numerous complaints by students, staff, and other faculty members about his verbally abusive behavior, the University brought disciplinary charges against Mills, which were adjudicated at an administrative hearing. Over Mills's objection, the hearing was closed to the public and the press. Ultimately, the University suspended Mills for two academic quarters without pay. He brought this challenge to the suspension pursuant to the state Administrative Procedure Act.1 The superior court denied relief. On appeal, Mills contends that (1) the University's actions violated his employment contract, (2) the Faculty Code of Ethics-his violation of which provided the basis for his suspension-is unconstitutionally vague, (3) his suspension violated his constitutional free speech rights, and (4) the hearing closure was unlawful. We hold that the University did not violate Mills's employment contract, that the Faculty Code of Ethics is not unconstitutionally vague, and that the University did not violate Mills's free speech rights. However, we also hold that the University violated the Administrative Procedure Act by conducting Mills's disciplinary hearing in secret. Accordingly, we vacate the University's Final Order and remand to the University for a new hearing \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/21/25, 7:09 v (2009) | FindLaw 1/18 \u00b6 2 Mills has taught in the University's Theatre Arts department for more than 20 years.2 He received tenure in 1994. Final Order at 2. Soon thereafter, complaints about his conduct began surfacing. \u00b6 3 In 1998-99, Mills was denied promotion to the rank of full professor. The Theatre Arts department chair at the time recommended against the promotion, citing behavior by Mills including: \u201cusing foul language with and toward students, employing a combative teaching style, discussing other faculty members with students in a derogatory and demeaning manner, enjoying his wit at the expense of students, \u2024 berating and demeaning students in the guise of humor,\u201d causing \u201can extremely high student complaint rate,\u201d and \u201cberating and demeaning colleagues in the guise of humor.\u201d Final Order at 21. \u00b6 4 In 2000, new department chair Mark Kuntz admonished Mills for making demeaning comments toward and about women, gay students, and minorities. Final Order at 21. Slightly less than a year later, Kuntz again formally admonished Mills, stating, \u201cYour repeated need to express your desire to \u2018kill\u2019 people is not appropriate, and will stop \u2024 Your lack of sensitivity or care about the needs of students, staff, and colleagues must stop.\u201d Final Order at 21. \u00b6 5 That same year, in response to student complaints, Kuntz admonished Mills for brandishing a knife in class. Final Order at 15. Less than a year later, members of the department's faculty and staff wrote a letter to the dean of the department's college expressing their \u201c \u2018real and tangible fear\u2019 occasioned by Mills's carrying of a registered firearm and a large knife on campus and in the classroom, together with his belligerent rants about killing people who offended him.\u201d The dean admonished Mills in response to this complaint. Final Order at 15. \u00b6 6 These communications had little, if any, effect on Mills's behavior. On the first day that a new professor, Deborah Geer Currier, commenced working in the department in the fall of 2001, Mills told her that \u201cshe had better keep her legs closed, because she could not be expected to teach students the same way she got her doctorate.\u201d Final Order at 5. Mills repeatedly called her, in the workplace and to her face, \u201cbimbo,\u201d \u201cslut,\u201d and, on one occasion, \u201ccunt.\u201d Currier took Mills's abuse in silence until she secured a tenure-track position. She then informed Mills that she would not tolerate further sexual innuendo directed at her, and Mills ceased verbally abusing her to her face. Final Order at 5. \u00b6 7 During another conversation with a faculty member in the first year of employment with the department, Gregory Pulver, Mills referred to him as \u201cjust a stupid faggot.\u201d Pulver informed Mills that his behavior was unacceptable. Again, Mills ceased insulting Pulver to his face. Instead, he began referring to Pulver behind his back as \u201cPrecious\u201d in a lilting manner that mocked Pulver's sexual orientation, both to students and to colleagues. According to Pulver, he felt unsafe around Mills and avoided him whenever possible. Final Order at 6-7. \u00b6 8 Mills did not limit his verbal abuse to other faculty members. For years, Mills called the department's administrative assistant, Kay Redell, a variety of derogatory names. For example, he was 2/21/25, 7:09 v (2009) | FindLaw 2/18 overheard telling her, \u201cYou're just a stupid bitch. You're just white trailer trash.\u201d Final Order at 7. Both Currier and Pulver stated that they frequently observed Redell to be \u201cincredibly upset,\u201d \u201cdistraught,\u201d and \u201cshaken\u201d following such exchanges with Mills. Final Order at 7. \u00b6 9 Mills also verbally abused students. For instance, inside the classroom, he referred to students (mostly female) as \u201cshit for brains,\u201d \u201cblondies,\u201d and \u201cfucking lazy girl[s].\u201d On one occasion, he referred to an overweight female student as \u201ca 400-pound canary who warbles nothingness\u201d and \u201cmakes him sick.\u201d Final Order at 16. Outside the classroom, Kuntz once overheard Mills berating a student library assistant, screaming, \u201cYou bitch, you screwed up,\u201d and, to her supervisor, \u201cIs she retarded?\u201d Final Order at 17. \u00b6 10 Both Currier and Pulver stated that it was common for students to come to them in tears due to verbal abuse by Mills. Because of Mills's seniority in the department, Pulver limited himself to recommending that gay students \u201csit in the back and keep quiet,\u201d and request waivers from Mills's courses. Pulver found it \u201cnauseating\u201d to have to give students such advice. Final Order at 16. \u00b6 11 In 2004, Mills again displayed a knife in class, drawing an official complaint from a student who felt unsafe in his presence. Final Order at 14. \u00b6 12 That same year, a student who had been undergoing treatment for cancer enrolled in Mills's dramatic writing class, a requirement for her major. When the class began, she was not yet fully recovered and was still bald from chemotherapy. In response to a request from Mills, she initially volunteered to \u201cput up\u201d a play for criticism, but then became reticent. Mills responded, \u201cif you can't even put up your piece for class then you should have just died of cancer.\u201d According to Mills, he was attempting \u201cto motivate her to consider that art is worth putting yourself out for, and if we don't produce art, it's just as if we never had existed.\u201d The student viewed the remark otherwise, and filed a complaint against Mills with Carol Edwards, the new dean of the department's college. Final Order at 12, 20. \u00b6 13 Currier and Pulver also filed formal complaints with Edwards that year. Based on these complaints and a review of Mills's personnel file, Edwards brought the matter to the University provost, who suspended Mills with full pay \u201cpending an investigation of [the] complaints.\u201d Final Order at 2. The provost also arranged a meeting between Mills and University officials \u201cto review and discuss the complaints.\u201d Final Order at 2. After the meeting, the provost declined to reinstate Mills's teaching duties. Final Order at 2. \u00b6 14 The provost then requested that the Faculty Senate appoint three members of the Standing Committee on Grievances and Sanctions and \u201cattempt to \u2018effect an adjustment.\u2019 \u201d Following the failure of these negotiations, the provost issued a formal statement of charges against Mills. Final Order at 3. 2/21/25, 7:09 v (2009) | FindLaw 3/18 \u00b6 15 The provost alleged that Mills had violated section one of the Faculty Code of Ethics by failing in his \u201cobligation to exercise self-discipline and judgment in using, extending and transmitting knowledge,\u201d that Mills had violated section two's requirement that faculty members \u201cencourage the free pursuit of learning by students\u201d and \u201cavoid and condemn sexual harassment, intimidation, and the exploitation of students,\u201d and that Mills had violated section four's requirement that faculty members conduct themselves in a manner expressing \u201crespect for, and defense of, the free inquiry of associates and, in the exchange of criticism and ideas, the respect for the opinions of others.\u201d \u00b6 16 The University then convened a Hearing Panel of five faculty members and a nonvoting presiding officer. Final Order at 3. Citing procedures in the University's Faculty Handbook,3 and over the objections of both Mills and a newspaper reporter, the hearing was conducted in secret. \u00b6 17 The Hearing Panel recommended that Mills be suspended without pay for two academic quarters. Final Order at 3. Ultimately, the University's Board of Trustees adopted this recommendation, concluding, among other things, that the hearing closure had been proper under the Faculty Handbook, which the Board characterized as a \u201cprovision of law.\u201d Final Order at 46-48. \u00b6 18 Mills petitioned for review of the Board's decision pursuant to the state Administrative Procedure Act. The superior court denied relief. Mills then sought direct review in our Supreme Court, which transferred the case to us \u00b6 19 Under the Administrative Procedure Act, relief from a final agency decision is appropriate only if the decision \u201cis in violation of constitutional provisions on its face or as applied\u201d; \u201c[t]he agency has engaged in unlawful procedure or decision-making process, or has failed to follow a prescribed procedure\u201d; \u201c[t]he agency has erroneously interpreted or applied the law\u201d; \u201c[t]he order is inconsistent with a rule of the agency unless the agency explains the inconsistency by stating facts and reasons to demonstrate a rational basis for inconsistency\u201d; or, \u201c[t]he order is arbitrary or capricious 34.05.570. In reviewing an agency decision, the appellate court \u201csits in the same position as the superior court.\u201d 4 Tapper v. Employment Sec. Dep't, 122 Wash.2d 397, 402, 858 P.2d 494 (1993 \u00b6 20 Mills contends on appeal that the University's disciplinary actions violated the terms of his employment contract-in the form of the University's Faculty Handbook 5 -both procedurally and substantively. He is wrong on both counts. \u00b6 21 Prior to filing any statement of charges, the Faculty Handbook requires that the provost (1) attempt to settle the issue informally with the faculty member, and (2) engage a three-person faculty 2/21/25, 7:09 v (2009) | FindLaw 4/18 panel to conduct an inquiry and further attempt a settlement. There is no legitimate dispute that the provost did these things. Instead, the dispute arises because the provost suspended Mills, with pay, during the period in which these activities were occurring. \u00b6 22 The Faculty Handbook states: From the time at which charges are specified, the faculty member may be suspended \u2024 only if immediate harm to the faculty member or others is threatened by continuance. Before suspending a faculty member, pending an ultimate determination of the faculty member's status through the institution's hearing procedures, the Provost will consult with the Executive Council of the Faculty Senate concerning the propriety, the length, and the other conditions of any suspension. This consultation will occur within 10 working days of the filing of the statement of charges\u2024 Salary will continue during the period of the suspension. \u00b6 23 According to Mills, this provision requires the conclusion that the provost may not temporarily suspend a faculty member from teaching prior to the imposition of formal discipline without first making a \u201cfinding\u201d that the faculty member's continued teaching threatens \u201cimmediate harm,\u201d and without consulting the Faculty Senate within 10 days of the charges being filed. \u00b6 24 The problem with this theory is that the above-quoted provision expressly addresses events that occur only \u201c[f]rom the time at which charges are specified.\u201d The Faculty Handbook provides no limitation on the provost's authority over University employees in the period between when an investigation is initiated and the filing of formal disciplinary charges. No legal basis exists to read the absence of such restrictions as a limitation on the power of the University to place a professor on administrative leave while investigating alleged misconduct. \u00b6 25 Mills is also incorrect in asserting that the University breached its substantive duties under his contract. He contends that breaches of the Faculty Code of Ethics-such as the breaches that provided the basis for his suspension-may never be relied upon by the University to impose formal discipline upon a faculty member, because violations of the Faculty Code of Ethics are not listed causes for serious discipline in the Faculty Handbook. Contrary to Mill's contention, however, compliance with the Faculty Code of Ethics is included by reference as one of the duties of professors at the University and, thus, a breach of the Faculty Code of Ethics may legitimately serve as the basis for the imposition of serious discipline by the University. \u00b6 26 Under the terms of the Faculty Handbook, good cause to terminate a tenured professor exists if the professor is guilty of, among other things, \u201cserious and persistent neglect of faculty duties\u201d or behavior that affects another person's \u201cability to carry out his or her academic, scholarly, or professional university rights or responsibilities in a substantial way.\u201d The Faculty Handbook states that faculty duties, the dereliction of which may lead to discipline, \u201care listed in [Faculty Handbook] Section I, Part III, paragraphs 2/21/25, 7:09 v (2009) | FindLaw 5/18 and D.\u201d (Emphasis added.) Paragraph D, subparagraph 2, provides in turn that \u201c[f]aculty members have an obligation to adhere to and behave in keeping with the principles of faculty conduct contained in the Code of Faculty Ethics.\u201d Mills's argument boils down to nothing more than an erroneous contention that he cannot be found to have neglected his duties because only paragraph is entitled \u201cFaculty Duties,\u201d whereas paragraph is instead entitled \u201cScholarly and Professional Qualifications of Faculty Members.\u201d This reading is contradictory to the plain text of the Faculty Handbook's disciplinary provisions, which also expressly cross-reference paragraph as describing \u201cfaculty duties.\u201d \u00b6 27 The University did not breach its employment contract with Mills \u00b6 28 Mills next contends that the Faculty Code of Ethics violated his Fourteenth Amendment due process rights, both facially and as applied, because its provisions are too vague to be constitutionally enforceable. He is incorrect. \u00b6 29 It is well established that non-probationary public employees may be discharged under a \u201cfor cause\u201d standard, and that this standard is sufficiently definite to satisfy due process, even as applied in the context of discipline related to speech. Arnett v. Kennedy, 416 U.S. 134, 161, 164-65, 94 S.Ct. 1633, 40 L.Ed.2d 15 (1974) (lead opinion and concurrence of Powell, J.). This is so because the standard is construed to exclude discipline imposed as a result of engaging in constitutionally protected speech. Arnett, 416 U.S. at 162, 94 S.Ct. 1633. This rule has been widely applied in the context of tenured university professors contesting discipline imposed against them for assorted misconduct. E.g., San Filippo v. Bongiovanni, 961 F.2d 1125, 1137 (3d Cir.1992) (\u201cstandards of sound scholarship and competent teaching\u201d not unconstitutionally vague); Garrett v. Mathews, 474 F.Supp. 594, 599 (N.D.Ala.1979), aff'd, 625 F.2d 658 (5th Cir.1980) ( \u201cadequate cause\u201d not vague); Barham v. Univ. of N. Colo., 964 P.2d 545, 548-49 (Colo.Ct.App.1997) (\u201clegally sufficient ground\u201d not vague); Phillips v. Bd. of Regents, 863 S.W.2d 45, 50 (Tenn.1993) (\u201ccapricious disregard of accepted standards of professional conduct\u201d not vague). \u00b6 30 Notwithstanding this clear authority, Mills argues that the standards applied in his case are unconstitutionally vague. He cites the Ninth's Circuit's decision in Cohen v. San Bernardino Valley College, 92 F.3d 968 (9th Cir.1996), in support of this contention. And, it is true, Cohen did hold that a college sexual harassment policy was unconstitutionally vague when applied to a professor's boorish and innuendo-laden classroom presentation style. 92 F.3d at 972. But Mills is unlike the plaintiff in Cohen: the vast majority of the conduct for which Mills was disciplined was utterly unrelated to any pedagogical objective whatsoever, and so was not protected speech. Further, as the University correctly observes, Adamian v. Jacobsen, 523 F.2d 929, 932-33 (9th Cir.1975), the primarily precedent relied upon in Cohen, sharply distinguishes \u201cfor cause\u201d policies used to stifle the content of speech (unacceptable) from those aimed at preserving the order and safety of the university environment 2/21/25, 7:09 v (2009) | FindLaw 6/18 (acceptable). Our courts have adopted this approach. Stastny v. Bd. of Trustees of Cent. Wash. Univ., 32 Wash.App. 239, 254, 647 P.2d 496 (1982). \u00b6 31 Moreover, it is also well established that because the \u201cvagueness doctrine is based on fair notice that certain conduct puts persons at risk of discharge[,] \u2024 standards are not void for vagueness as long as ordinary persons using ordinary common sense would be notified that certain conduct will put them at risk.\u201d San Filippo, 961 F.2d at 1136 (citing Arnett, 416 U.S. at 159, 94 S.Ct. 1633). That is, an otherwise vague standard will nonetheless be considered constitutional if the party to whom it is applied is given actual notice of the type of conduct that may later result in discipline. Simmons v. Vancouver Sch. Dist. No. 37, 41 Wash.App. 365, 380, 704 P.2d 648 (1985). Here, University officials repeatedly described to Mills precisely the type of conduct considered unacceptable under the Faculty Handbook. Mills repeatedly disregarded these warnings and, unsurprisingly, was disciplined. \u00b6 32 The University's Faculty Code of Ethics is not unconstitutionally vague \u00b6 33 Mills contends that the discipline imposed upon him by the University unduly restricts his academic freedom as a professor, and so violates the guarantees of the First Amendment of the United States Constitution and article I, section 5 of the Washington State Constitution. His contention is without merit. \u00b6 34 Mills is correct that \u201c[a]cademic freedom is \u2024 a special concern of the First Amendment.\u201d Stastny, 32 Wash.App. at 249, 647 P.2d 496. But \u201c \u2018[i]t does not follow that because academic freedom is inextricably related to the educational process it is implicated in every employment decision of an educational institution.\u2019 \u2024 Academic freedom is not a license for \u2024 activities which are internally destructive to the proper function of the university or disruptive to the education process.\u201d Stastny, 32 Wash.App. at 249-50, 647 P.2d 496 (quoting Kunda v. Muhlenberg Coll., 621 F.2d 532, 547 (3d Cir.1980)). \u201cIn determining whether an employee's dismissal violates his constitutional right to free speech, the interest of the employee \u2024 must be balanced against the interests of the state as employer.\u201d Sinnott v. Skagit Valley Coll., 49 Wash.App. 878, 881, 746 P.2d 1213 (1987) (citing Mt. Healthy City Sch. Dist. Bd. of Educ. v. Doyle, 429 U.S. 274, 284, 97 S.Ct. 568, 50 L.Ed.2d 471 (1977)). \u201cAppropriate state interests against which First Amendment rights of teachers must be balanced include \u2024 \u2018(1) The need to maintain harmony among coworkers; (2) the need to curtail conduct impeding the teacher's proper and competent performance of his daily duties; [and] (3) the need to prevent activities disruptive of the educational process and to provide for the orderly functioning of the university.\u2019 \u201d Sinnott, 49 Wash.App. at 881-882, 746 P.2d 1213 (quoting Stastny, 32 Wash.App. at 251, 647 P.2d 496). \u00b6 35 At the outset, it is important to make clear that the vast majority of the conduct for which Mills was disciplined was entirely unrelated to any pedagogical purpose, and thus did not constitute protected 2/21/25, 7:09 v (2009) | FindLaw 7/18 speech. To be explicit, none of the following behaviors implicate academic freedom in the slightest, or are protected by either the First Amendment or article I, section 5: verbally abusing faculty colleagues with discriminatory and sexual innuendo; harassing, intimidating, demeaning, and insulting students outside of the classroom; verbally abusing staff members and student assistants serving in an administrative capacity; brandishing weaponry; or threatening others with bodily harm or death. While Mills fixates on the fact that some of the statements for which he was disciplined occurred in the classroom, the simple fact is that the vast majority of the conduct for which he was disciplined occurred exclusively outside of the classroom. These instances of conduct alone would have justified the University's imposition of discipline, and are not the proper subject of First Amendment academic freedom analysis. \u00b6 36 With respect to Mills's conduct that did occur in the classroom, we are unable to conclude that the University's interests were outweighed by Mills's. For example, contrary to Mills's assertions, his remarks to the student recovering from cancer did not serve a pedagogical purpose. The Board concluded as much, a determination that we consider to be more properly characterized as a finding of fact than as a conclusion of law. See Final Order at 33-34 (\u201cThe statement served no legitimate pedagogical purpose, was not germane to the subject matter of the course, and was a particularly egregious instance of emotional abuse, intimidation, exploitation, and Professor Mills's characteristic inability to exercise appropriate self-discipline and restraint in dealing with students' personal and academic challenges.\u201d). The evidence supports this finding-which, we observe, the Board was far better qualified than are we to make. \u00b6 37 Mills is unable to point to any other conduct for which he was disciplined that had even remotely pedagogical objectives. In any event, balanced against the University's interest in maintaining a safe classroom environment in the Theatre Arts department, and harmonious relations among Theatre Arts faculty, Mills's free speech interest in promoting the subject of his discipline by deliberately harassing and degrading certain groups of students, and by playing on the insecurities of less assertive students generally, is not more substantial than the University's interest in protecting students from Mills's abusive behavior. In other words, despite his attempts to categorize his invective as a teaching device, we doubt that Mills has any First Amendment interest in presenting a stream of insults directed at various discrete (and often constitutionally protected) groups. See, e.g., Martin v. Parrish, 805 F.2d 583 (5th Cir.1986) (First Amendment does not protect \u201cthe abusive use of profanity in the classroom\u201d). \u00b6 38 Mills's free speech rights were not violated \u00b6 39 Finally, Mills contends that the University violated the open hearing provisions of the Administrative Procedure Act by closing his disciplinary hearing without legal authority to do so. We agree. 2/21/25, 7:09 v (2009) | FindLaw 8/18 \u00b6 40 34.05.449(5) provides that agency adjudications must be \u201copen to public observation, except for the parts that the presiding officer states to be closed under a provision of law expressly authorizing closure or under a protective order entered by the presiding officer pursuant to applicable rules.\u201d There is no dispute that the University neither sought a protective order nor followed the applicable procedures for obtaining one. \u00b6 41 Rather, both the Hearing Panel and the Board of Trustees concluded that the Faculty Handbook constituted a \u201cprovision of law\u201d authorizing closure without a protective order. And, it is true, the Faculty Handbook does state that adjudicative hearings on faculty disciplinary charges \u201cwill be private, unless the Hearing Panel, in consultation with the Provost and only with the agreement of the faculty member, decides that the hearing should be public.\u201d \u00b6 42 The problem with the University's reliance on this statement, however, is that a statement in an internal agency procedural manual about how hearings should be conducted is not a \u201cprovision of law.\u201d \u201cUnlike administrative rules and other formally promulgated agency regulations, internal policies and directives generally do not create law.\u201d Joyce v. Dep't of Corr., 155 Wash.2d 306, 323, 119 P.3d 825 (2005). That is, an \u201cadministrative rule has force of law only if the agency promulgated it with delegated authority.\u201d Pierce County v. State, 144 Wash.App. 783, 836, 185 P.3d 594 (2008). And here, although the Board of Trustees has been delegated authority to enact rules governing faculty relations 28B.35.120(2), (12), not everything that the Board does that affects faculty is automatically a \u201crule\u201d having the force and effect of law. \u00b6 43 The only authority that the University offers in support of the contrary assertion is the Administrative Procedure Act's definition of \u201cRule,\u201d which, according to the University, stands for the proposition that \u201cinstitutions of higher education are not required to codify their policies and procedures relating to \u2018employment relationships' in the Washington Administrative Code.\u201d According to the University, this in turn means that it was relieved of any obligation to follow the Administrative Procedure Act's rule- making procedures when promulgating any regulation that affects employee discipline. \u00b6 44 But this is an incorrect interpretation of this provision 34.05.010(16) provides: \u201c \u2018Rule\u2019 \u2024 does not include \u2024 rules of institutions of higher education involving standards of admission, academic advancement, academic credit, graduation and the granting of degrees, employment relationships, or fiscal processes.\u201d Contrary to the University's contention, this does not mean that the Administrative Procedure Act's definition of \u201cRule\u201d empowers public universities in Washington to freely pronounce regulations with the force of law without engaging in notice-and-comment rule making. On the contrary-the entire purpose of the exemption in 34.05.010(16) is to specify that certain actions of the University are not \u201crules\u201d with the general force of law. Indeed, during oral argument before us, counsel for the University made clear that when the Administrative Procedure Act was adopted, the 2/21/25, 7:09 v (2009) | FindLaw 9/18 legislature ensured that the state's public universities were not restricted to announcing principles enforceable against students and employees through quasi-legislative (i.e., law making) mechanisms. \u00b6 45 Instead, in the listed subject areas, the University may propound general standards of conduct through internal policy making, or-as in the case of the University's relationships to its professors- through the integration of internal policies into employment contracts. This gives the University the flexibility to utilize a wide variety of generally applicable policies in dealing with its students and employees without the burden of notice-and-comment rule making, but it also means that those \u201crules\u201d are simply internal policies, rather than \u201cRule[s]\u201d as that term is used in the Administrative Procedure Act- that is, generally applicable standards having the force and effect of law, which are announced by executive agencies based on authority delegated to them by the legislature. \u00b6 46 Here, there was no \u201cprovision of law\u201d governing the closure of employee discipline hearings because there could be no such provision of law. The Administrative Procedure Act's definition of \u201cRule\u201d specifically precludes the enactment of such a provision of law by the University acting in its quasi- legislative capacity. Rather, in order to guarantee the University flexibility, employment relationships, including the procedural aspects of employee discipline, have been demarcated by the legislature as an area of private contract and internal policy rather than of rule making. \u00b6 47 The closure of Mills's disciplinary hearing violated 35.05.449(5). The Faculty Handbook did not constitute a \u201cprovision of law\u201d exempting the University from 35.05.449(5)'s procedural requirements. Rather, it was a private contract between Mills and the University.6 \u00b6 48 Our next inquiry, then, is whether the Administrative Procedure Act entitles Mills to a remedy and, if so, that remedy's nature. We conclude that we must vacate the Board's Final Order and remand to the University for a new hearing. \u00b6 49 Under the Administrative Procedure Act, the type of agency action at issue defines the scope, nature, and standards for judicial relief available to the complaining party. The Administrative Procedure Act specifically enumerates standards justifying judicial relief from the final order in an adjudicative proceeding,7 including a statement that a court \u201cshall grant relief \u2024 if it determines that \u2024 [t]he agency has engaged in unlawful procedure or decision-making process, or has failed to follow a prescribed procedure 34.05.570(3)(c) (emphasis added). \u00b6 50 Both Mills and the University misunderstand the remedy required in this case. The University contends that Mills is not entitled to relief at all because the hearing closure did not \u201csubstantially prejudice[ ]\u201d his case. It bases this assertion on 34.05.570(1)(d)'s statement that \u201c[g]enerally [,] \u2024 [t]he court shall grant relief only if it determines that a person seeking judicial relief has been substantially prejudiced by the action complained of.\u201d But 34.05.570(3) expressly specifies that 2/21/25, 7:09 v (2009) | FindLaw 10/18 which constitutes \u201cprejudice\u201d in adjudicative proceedings by enumerating actions from which the court shall grant relief, including orders that result from an \u201cunlawful procedure or decision-making process.\u201d \u00b6 51 Mills, on the other hand, relies solely upon the harmless error-style analysis applied in the context of cases examining the constitutional open justice guarantee, rather than the statutory open hearing provisions of the Administrative Procedure Act, which are those applicable to executive agency adjudications. But here, both the right and the remedy are statutory; inquiring as to whether a \u201cpublic trial right\u201d violation is \u201cde minimus,\u201d see State v. Easterling, 157 Wash.2d 167, 180, 137 P.3d 825 (2006), is misguided. The statutory open hearing right may usually be restricted by the agency itself, provided it properly promulgates a rule allowing it to do so. Absent such a rule, however, an open hearing violation necessarily renders the adjudication an \u201cunlawful procedure\u201d warranting relief. \u00b6 52 Here, the closure of Mills's disciplinary hearing was contrary to the requirements of 34.05.449(5) and, thus, constituted an unlawful adjudicative procedure. Pursuant to 34.05.570(3) (c), Mills is entitled to relief from the Board of Trustees' Review Decision and Final Order. That order is vacated. Because this court stands in the same position as the superior court and there is no additional relief that the superior court may give, we remand directly to the agency (i.e., the University) for a new hearing.8 \u00b6 53 Mills requests an award of reasonable attorney fees 4.84.350 provides for such an award, stating that \u201ca court shall award a qualified party that prevails in a judicial review of an agency action fees and other expenses, including reasonable attorneys' fees, unless the court finds that the agency action was substantially justified or that circumstances make an award unjust.\u201d Here, Mills qualifies for an attorney fee award because he is entitled to relief from the unlawful closure of his disciplinary hearing, which was not substantially justified. Upon proper application, our commissioner will enter an appropriate award. \u00b6 54 The Board of Trustees' Review Decision and Final Order is vacated. This cause is remanded to the University for a new hearing 1. Chapter 34.05 RCW. 2. The facts stated are adapted from the Findings of Fact of the University's Board of Trustees' Review Decision and Final Order. Mills has not assigned error to the Board's findings. Accordingly, they are treated as verities on appeal. Tapper v. Employment Sec. Dep't, 122 Wash.2d 397, 407, 858 P.2d 494 (1993). For convenience, citations are to this \u201cFinal Order.\u201d 2/21/25, 7:09 v (2009) | FindLaw 11/18 3. \u201cThe hearing will be private, unless the Hearing Panel, in consultation with the Provost and only with the agreement of the faculty member, decides that the hearing should be public.\u201d 4. It is unnecessary for us to address the superior court's decision, except to note the erroneous nature of that court's sua sponte ruling that Mills waived any statutory challenge to the closure of the disciplinary hearing by not seeking an extraordinary writ. Barring minor exceptions not at issue here, the Administrative Procedure Act is \u201cthe exclusive means of judicial review of agency action 34.05.510. Again, barring minor exceptions not at issue here, a person may seek judicial review pursuant to the Administrative Procedure Act \u201conly after exhausting all administrative remedies available within the agency whose action is being challenged 34.05.534. Mills was required to-and properly did-pursue relief from the closure order from the Board of Trustees prior to petitioning a court. Nothing Mills did suggested any intent to abandon his challenge to the closure order. There was no waiver. 5. The parties agree that the Faculty Handbook is incorporated into the employment contracts of all professors at the University. 6. Presumably, the University does not contend that it may avoid the Administrative Procedure Act's open hearing provisions by contracting to do so \u201ccontract that is contrary to the terms and policy of an express legislative enactment is illegal and unenforceable.\u201d Tanner Elec. Co-op. v. Puget Sound Power & Light Co., 128 Wash.2d 656, 669, 911 P.2d 1301 (1996). 7. There is no legitimate dispute that Mills's disciplinary hearing was an adjudicative proceeding as defined by the Administrative Procedure Act 34.05.010(1) defines \u201cAdjudicative proceeding\u201d as any \u201cproceeding before an agency in which an opportunity for hearing before that agency is required by statute or constitutional right before or after the entry of an order by the agency.\u201d It has long been recognized that a tenured faculty member at a public university has a due process property interest in continued employment that may not be impaired absent a \u201cproper inquiry.\u201d E.g., Slochower v. Bd. of Higher Educ. of City of N.Y., 350 U.S. 551, 559, 76 S.Ct. 637, 100 L.Ed. 692 (1956). 8. Having resolved this question on statutory grounds, we need not address Mills's related contention that he had a state constitutional right to an open administrative hearing. Brunson v. Pierce County, 149 Wash.App. 855, 205 P.3d 963, 966 (2009) (published opinion) (we avoid reaching constitutional issues when able to decide cases on non-constitutional grounds CONCUR: DWYER, A.C.J., APPELWICK, and LEACH, JJ. 2/21/25, 7:09 v (2009) | FindLaw 12/18 Was this helpful? Yes No Welcome to FindLaw's Cases & Codes free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law. Go to Learn About the Law v (2009) Docket No: No. 62402-4-I. 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Terms > | Privacy > | Disclaimer > | Cookies > 2/21/25, 7:09 v (2009) | FindLaw 18/18", "7915_102.pdf": "The Fall of the West(ern): Perry Mills gets a new roll in the barrel Guest writer Paud de Armond has followed this issue closely. \u2014\u2014- Tuesday, May 26, Division One of the Washington Appeals Court handed down a ruling in the case of Perry Mills v By (/writers/guest-writer) \u00b7 Wed May 27, 2009 3 min read \u00b7 559 words \u00b7 7 comments Topics: Law & Justice, Education Guest Writer: Guest writer Paud de Armond has followed this issue closely. ------- Tuesday, May 26, Division One of the Washington Appeals Court handed down a ruling in the case of Perry Mills v. Western Washington University. It\u2019s a long and complex tale: ( The public record is mostly dominated by the university\u2019s attempt to fire whistle-blower Professor Perry Mills and, failing that, to silence him. The ugly secret the university has tried to hide is the misappropriation of student course fees in the theater department. After blowing the whistle on his superiors, Mills found himself in hot water. No criminal complaint has been filed, but state law is clear about diverting funds ( In March 2003, in response to a complaint from Mills, the university began an audit on the missing student course fees. Mark Kuntz, the department chair who diverted the money, was appointed to the audit committee and also to a committee to rewrite the university policy on student course fees. In May 2004, Kuntz wrote the first memo demanding Mills be fired. By July 2004, the cover-up was complete and the sanitized audit report was officially released. It immediately drew fire from a former dean, who memo\u2019ed the university auditor, \u201cTo have claimed, as the [Provost\u2019s] response does, that no action will be taken because no policies were in place is absolutely false and misleading should think that there is a legal implication to this sort of denial.\u201d The audit report pivots on the university ignoring the funds were earmarked by being collected for a single purpose and could not be used otherwise. In sworn testimony, Kuntz admitted the funds should have been returned to the students. The apparent failure of the cover-up was followed by the university\u2019s attack on Professor Mills career. In October 2004, Mills was suspended from teaching and escorted from campus by university police. Kuntz had once again manipulated the university by producing student complaints later found to be baseless. As successive accusations were knocked down, new ones were created. The see-saw legal battle was initiated in 2005 by Mills suing Western in Federal Court for suspending him without disclosing any charges or holding a hearing to determine the facts. The university was directed by the federal court to hold such a hearing, which the university closed to the public by ejecting this reporter. The need for secrecy ultimately proved to be their downfall because closed hearings are illegal. Here\u2019s the story from the Whatcom Independent ( independent-7-october-2005.html). The state appeals court nullified the university\u2019s actions and directed them to start over from the beginning. The university has numerous options, including: appealing to the state Supreme Court to vacate the appeals court ruling; holding another hearing \u2013 this time open to public scrutiny; or reaching a settlement with Mills. Currently, they are weighing their next action public hearing will very likely dwell on the university\u2019s alleged retaliation for Mills blowing the whistle on the financial irregularities. Tuesday\u2019s appellate ruling awards attorney\u2019s fees to Mills and that number will probably have five or six digits. The award amount will be set by the court later. The university\u2019s attempted cover-up will cost taxpayers hundreds of thousands of dollars when the bill is finally totaled up. It\u2019s long past time to let a little sunshine into those ivy-covered halls. \uf1fe (/) Search Featured Journalists About Notifications ( perry-mills-gets-a-new-roll-in-the-barrel/) ( mills-gets-a-new-roll-in-the-barrel/) (mailto:?subject=The Fall of the West(ern): Perry Mills gets a new roll in the barrel&body think you will like this article on Northwest Citizen: mills-gets-a-new-roll-in-the-barrel/) 7 Comments, most recent 15 years ago Scott Wicklund (/profile/scott-wicklund) Thu May 28, 2009 The Sam Taylor story in the Herald was disgusting. Thanks for covering this. Tip Johnson (/profile/tip-johnson) Fri May 29, 2009 Holy cow didn\u2019t read any of this stuff in the hokey, slanderous story by Bellinghams\u2019s knave reporter at the toy newspaper. No wonder newspapers are going down! But golly, if University administrators are \u201cdiverting\u201d(isn\u2019t that stealing?)money from students in that department, isn\u2019t it fair to assume that other departments have caught on, or been so directed, by now? That would be many, many more figures than Professor Mill\u2019s settlement. It\u2019s amazing how every petty crook makes the paper, but reporters won\u2019t even look at white shirts and ties. Paul\u2019s reporting once again shows that if justice were ever served in this town, there could be quite a few very nice jobs available! Michael Lilliquist (/profile/michael-lilliquist) Sat May 30, 2009 My first reaction was, \u201cwow, how unfair and unjust the university has been, to retaliate over financial whistle blowing.\u201d So decided to look into it. What found is completely different. Decide for yourself, by reading the court decision. It appears to deal with harassment and offensive conduct. ( Anyone remember the Kurosawa film \u201cRashomon\u201d staring the young Toshiro Mifune? John Servais (/profile/john-servais) \u00b7 Fairhaven Sun May 31, 2009 Actually, much of the \u201charassment and offensive conduct\u201d may not be true and may be lies by Western Washington University administrators. That is why this issue is important and requires full public process. The Appeals court simply repeated allegations that came out of the illegal and secret hearing public hearing with evidence, witnesses and testimony may destroy many of these stories. That is what we need prodding form of teaching has always been accepted in academia as well as by Americans in general. The movie \u201cThe Paper Chase\u201d should be familiar to some. For others, the popular series \u2018Hell\u2019s Kitchen\u2019 with celebrity cook Gordon Ramsay is an extreme example. I\u2019ve known Perry Mills for 30 years. He has always had a sharp tongue. Yet chose to tenure him in 1994 and make him a full professor in 1999. They knew he used a rough teaching style. When Perry exposed illegal activities by administrators at Western in 2003, the full force of then President Karen Morse\u2019s administration came down on him cavalier disregard for state laws is now a fact established by the State Court of Appeals. Others who have followed this issue say that administrators engaged in falsifying charges and creating evidence. Only a full public hearing can address these issues. Of interest is how Whatcom Superior Court Judge Mura played along with the University, giving their illegal processes his approval. The Appeals Court reversed him. He went over the line by putting into the record unsubstantiated charges against Perry - and these are what the Appeals Court mistakenly copied. This tale is full of abuses by public officials - all to protect other public officials. Let us not jump to judgement until a legal public process has taken place - if it ever will. What this case needs is an investigative writer who can delve into the files and interview the students who are now long gone from WWU. Perhaps theirs is the testimony that did not want presented in an open hearing. And it would be nice to investigate the stealing of student fees by administrators at - the illegal activity that Perry originally exposed. To date the University and our local prosecutor have protected the employees. Paul deArmond (/profile/paul-de-armond) Sun May 31, 2009 Michael got it right\u2014- except there never was a legal and valid finding of fact and some of the incidents cited by the appeals court were shown to never have happened at the university\u2019s own secret hearing. Get that? Never happened. Those false accusations are in the ruling because they were re-introduced in pleadings and argument, not because that\u2019s what the faculty panel found to be the case. Whatcom Superior Court Judge Steven Mura was so befuddled by the mudslinging that he though he was dealing with a sexual harassment case. Sex never came up in the charges or at the hearing. Mura also went through back-flips to deny that the funds diversion constituted embezzlement. Mura made plenty of errors, but the one that counted was his refusal to read the plain text of the Administrative Procedures Act. It says quite clearly that closed hearings are illegal and illegal procedures of any kind are nullified. Mura found the procedure illegal, but the results valid. That\u2019s the nub of the appeal ruling. Mura misapplied the law and created a wrong. The appeals court\u2019s remedy was exactly what Mills asked Mura for: set aside the university\u2019s suspension by nullifying Western\u2019s kangaroo court. In addition, Mills has been awarded his attorney\u2019s fees for repairing Mura\u2019s error. It\u2019s very Alice-in-Wonderland. Just pray God it never happens to you. Jay Taber (/profile/jay-taber) Mon Jun 1, 2009 Institutions are fairly predictable organizations. When threatened with embarrassment or censure, they often compound small crimes into larger ones. Now that the tide has turned against the university administrators on the Professor Mills scandal, those small crimes that catalyzed the cover-up now risk a higher level of exposure (and remedy) than they would have had they been addressed appropriately at the outset. As Mills\u2019 attorney refuels on the proceeds from their felonious conduct, the pressure inside the administration on those with knowledge of illicit activity may even generate juicy leaks. Any perjuries against Mills that were previously contained by the secret hearings will eventually be drawn out by the legal process, where those who were willing to bear false witness under apparent immunity, will find that perceived protection fleeting. Any officials implicated in suborning perjury may soon wish they were elsewhere. John Servais (/profile/john-servais) \u00b7 Fairhaven Wed Jun 3, 2009 Today\u2019s Cascadia Weekly has a more thorough report on this Perry Mills vs Western issue. Paul de Armond contributed substantially to the article written by Tim Johnson. Savaged by Sheep - June 3, 2009 Cascadia Weekly ( - Commenting is closed - \u00a91995-2025 Northwest Citizen | Each writer retains the copyright to their articles. Copyright & Contact (/about/copyright-contact/)", "7915_103.pdf": "2/21/25, 7:09 High court upholds hearing | The Seattle Times 1/3 2/21/25, 7:09 High court upholds hearing | The Seattle Times 2/3 2/21/25, 7:09 High court upholds hearing | The Seattle Times 3/3", "7915_104.pdf": "From Casetext: Smarter Legal Research Mills v. W. Wash. Univ The Supreme Court of Washington Feb 3, 2011 170 Wn. 2d 903 (Wash. 2011) Copy Citations Download Check Treatment Meet CoCounsel, pioneering that\u2019s secure, reliable, and trained for the law. Try CoCounsel free No. 83597-7. Argued October 28, 2010. Decided February 3, 2011. *904 904 Appeal from the Superior Court for Whatcom County, No. 06-2-02743-1, Steven J. Mura, J. Robert M. McKenna, Attorney General, and Derek L. Edwards and Wendy K. Bohlke, Senior Counsel, for petitioner. James E. Lobsenz (of Carney Badley Spellman), for respondent. Sign In Search all cases and statutes... Opinion Case details 2/21/25, 7:09 Mills v. W. Wash. Univ, 170 Wn. 2d 903 | Casetext Search + Citator 1/11 ALEXANDER, J. Katherine George on behalf of Allied Daily Newspapers of Washington and Washington Newspaper Publishers Association, amici curiae. *906 906 *905 905 \u00b61 \u2014 We granted Western Washington University's (University) petition to review a decision of the Court of Appeals in which that court reversed the superior court's denial of Perry Mills's request for relief from an order of the University's Board of Trustees suspending Mills for two academic quarters. The basis of the court's decision was that the University violated the Administrative Procedure Act (APA), chapter 34.05 RCW, by closing Mills's disciplinary hearing to the public. We reverse the Court of Appeals \u00b62 Perry Mills has been a professor at Western Washington University for more than 20 years. In 1994, the University granted Mills tenure as an associate professor in its Theatre Arts Department. In 1998, Mills's application for a promotion to full professor was denied based on the recommendation of Thomas Ward, the chair of the Theatre Arts Department. In his recommendation against promotion, Ward noted that Mills often berated and demeaned students and colleagues and had \"an extremely high student complaint rate.\" Clerk's Papers at 1461. Two years later, Mills received a letter from the new department chair, Mark Kuntz, admonishing Mills for making \"off-color remarks\" about colleagues, women, gay students, and minorities. Id. Kuntz reminded Mills that he was bound by the faculty code of ethics and concluded by saying, \"`Your behavior must change.'\" Id. *907 1 907 1 This section is based on the unchallenged findings of fact contained in the decision and final order of the Board of Trustees. Unchallenged findings of fact are treated as verities on appeal. Tapper v. Emp't Sec. Dep't, 122 Wn.2d 397, 407, 858 P.2d 494 (1993). \u00b63 In September 2001, members of the theatre arts faculty and staff addressed a letter to Bertil van Boer, the dean of the College of Fine and 2/21/25, 7:09 Mills v. W. Wash. Univ, 170 Wn. 2d 903 | Casetext Search + Citator 2/11 Performing Arts, expressing their \"`real and tangible fear' occasioned by Mills's carrying of a registered firearm and a large knife on campus and in the classroom, together with his belligerent rants about killing people who offended him.\" Id. at 1455. Following receipt of the letter, Dean van Boer advised Mills not to carry weapons on campus. At the same time, Kuntz sent Mills what Kuntz described as the \"`third in a series of memos . . . concerning your behavior,'\" stating, \"`Your behavior scares people. You know it. Your repeated need to express your desire to \"kill\" people is not appropriate, and will stop Your lack of sensitivity or care about the needs of students, staff, and colleagues must stop.'\" Id. at 1461. \u00b64 Mills's inappropriate behavior did not stop. In the fall of 2001, Mills told a female professor in the Theatre Arts Department that \"she had better keep her legs closed, because she could not be expected to teach students the same way she got her doctorate.\" Id. at 1445. Mills continued verbally abusing this professor over the next two years, calling her a \"`bimbo'\" and a \"`slut'\" to her face and to his students in her absence. Id. After the University granted tenure to this professor, she reported Mills's conduct to Dean Carol Edwards. Mills called another professor \"`just a stupid faggot.'\" Id. at 1446. When that professor informed Mills that he would not tolerate his offensive language, Mills began referring to him as \"`Precious'\" in a lilting manner that mocked the professor's sexual orientation. Id. \u00b65 Mills also disparaged members of the staff, telling the department's administrative assistant, \"`You're just a stupid bitch. You're just white trailer trash.'\" Id. at 1447. On another occasion, Mills screamed at a library assistant who had failed to return a film to the library, \"`You bitch, you screwed up,'\" and then asked, \"`Is she retarded?'\" Id. at 1457. In addition, Mills verbally abused students in his classroom, especially female students, calling them \"`shit for brains,' `blondies,'\" and \"`f . . . ing lazy girl[s].'\" Id. at *908 1456. He told one student that she was \"`a 400-pound canary who warbles nothingness' and `makes him sick.'\" Id. In 2004, the dean of the College of Fine and Performing Arts, Carol Edwards, received a complaint from a student who had just returned to class after undergoing treatment for cancer. The student, who had lost her hair due to chemotherapy, expressed her reticence about presenting her play for review by the class. Mills told her 908 2/21/25, 7:09 Mills v. W. Wash. Univ, 170 Wn. 2d 903 | Casetext Search + Citator 3/11 that not offering her work for review would be just the same as dying from cancer. \u00b66 After receiving complaints about the above-mentioned conduct, the University provost suspended Mills with pay in October 2004 pending an investigation. The provost subsequently issued a formal statement of charges against Mills. The University then convened a hearing panel of five faculty members selected from the Faculty Senate's Standing Committee on Grievances and Sanctions. Former superior court judge Robert Alsdorf, who was appointed to serve as a nonvoting presiding officer, indicated that \"the default setting would be that the hearing would be private.\" Id. at 324. As support for this decision, he cited section XVII.2.d of the University's Faculty Handbook, which provided, \"The hearing will be private unless the Hearing Panel, in consultation with the Provost and only with the agreement of the faculty member, decides that the hearing should be public.\" Id. at 207, 323-24. Mills, who was represented by counsel, argued that the hearing should be open to the public. The panel decided to close the hearing and asked a newspaper reporter in attendance to depart. \u00b67 At the conclusion of the hearing, the panel recommended that Mills be suspended without pay for two academic quarters. Mills appealed the decision to the University's Board of Trustees, which affirmed the panel's recommendation. It concluded, among other things, that the hearing was properly closed pursuant to section XVII.2.d of the University's Faculty Handbook, which the board regarded as a \"provision of law\" for purposes of 34.05.449(5). *909 909 \u00b68 Mills sought judicial review in the Whatcom County Superior Court pursuant to the APA. See 34.05.570. The superior court denied relief. Mills then appealed directly to this court, but we transferred the case to the Court of Appeals. At that court, Mills argued variously that the University had breached the terms of his employment contract, that the Faculty Code of Ethics was unconstitutionally vague, that his freedom of speech had been abridged, and that the closure of his disciplinary hearing had been unlawful. Mills v. W. Wash. Univ., 150 Wn. App. 260, 264, 208 P.3d 13 (2009). Although the Court of Appeals rejected Mills's contract and constitutional claims, it held that the University violated the by closing Mills's hearing to the 2/21/25, 7:09 Mills v. W. Wash. Univ, 170 Wn. 2d 903 | Casetext Search + Citator 4/11 *910 public. It, therefore, reversed the University's disciplinary order and remanded for a new hearing. \u00b69 Mills and the University both petitioned this court for review. We denied Mills's petition and granted the University's petition. Mills v. W. Wash. Univ., 167 Wn.2d 1020, 225 P.3d 1011 (2010). Allied Daily Newspapers of Washington and the Washington Newspaper Publishers Association jointly filed a brief as amicus curiae in support of Mills \u00b610 The governs judicial review of agency orders in adjudicative proceedings. Densley v. Dep't of Ret. Sys., 162 Wn.2d 210, 216, 173 P.3d 885 (2007 34.05.570(3) provides, in pertinent part: The court shall grant relief from an agency order in an adjudicative proceeding only if it determines that: (c) The agency has engaged in unlawful procedure or decision- making process, or has failed to follow a prescribed procedure.2 910 2 The full text of 34.05.570(3) is as follows: \" Review of agency orders in adjudicative proceedings. The court shall grant relief from an agency order in an adjudicative proceeding only if it determines that: \"(a) The order, or the statute or rule on which the order is based, is in violation of constitutional provisions on its face or as applied; \"(b) The order is outside the statutory authority or jurisdiction of the agency conferred by any provision of law; \"(c) The agency has engaged in unlawful procedure or decision-making process, or has failed to follow a prescribed procedure; \"(d) The agency has erroneously interpreted or applied the law; \"(e) The order is not supported by evidence that is substantial when viewed in light of the whole record before the court, which includes the agency record for judicial review, supplemented by any additional evidence received by the court under this chapter; \"(f) The agency has not decided all issues requiring resolution by the agency; 2/21/25, 7:09 Mills v. W. Wash. Univ, 170 Wn. 2d 903 | Casetext Search + Citator 5/11 \"(g motion for disqualification under 34.05.425 or 34.12.050 was made and was improperly denied or, if no motion was made, facts are shown to support the grant of such a motion that were not known and were not reasonably discoverable by the challenging party at the appropriate time for making such a motion; \"(h) The order is inconsistent with a rule of the agency unless the agency explains the inconsistency by stating facts and reasons to demonstrate a rational basis for inconsistency; or \"(i) The order is arbitrary or capricious A. Did the University engage in an unlawful procedure or decision-making process by closing Mills's disciplinary hearing to the public? \u00b611 The requires agency hearings to be \"open to public observation, except for the parts that the presiding officer states to be closed under a provision of law expressly authorizing closure 34.05.449(5). The also states that, as an \"`[i]nstitution[] of higher education,'\" the University is an \"`[a]gency 34.05.010(7), (2). Because the University based its decision to close Mills's disciplinary hearing to the public on section XVII.2.d of its Faculty Handbook, the question before us is whether that rule is a \"provision of law\" within the meaning of 34.05.449(5). \u00b612 This court has said that a \"`rule has the force and effect of law, if promulgated in accordance with a legislative delegation.'\" Manor v. Nestle Food Co., 131 Wn.2d 439, 445, *911 932 P.2d 628 (1997) (quoting 2 AM. JUR. 2D Administrative Law \u00a7 160, at 182 (1994)). Significantly, the legislature has authorized institutions of higher education to establish rules governing peer review proceedings. The pertinent statute 28B.10.648(2), provides, in part, that \"[p]eer review proceedings shall be pursuant to rules and regulations promulgated by the respective institutions of higher education.\" It is undisputed that Mills's hearing before a panel of his fellow professors was a \"peer review proceeding.\" 911 \u00b613 The Court of Appeals determined, however, that the University's rule authorizing the closure of faculty disciplinary hearings was not a \"provision of law\" because the APA's definition of \"`Rule'\" specifically excludes the \"rules of institutions of higher education involving . . . employment 2/21/25, 7:09 Mills v. W. Wash. Univ, 170 Wn. 2d 903 | Casetext Search + Citator 6/11 relationships 34.05.010(16). In other words, according to the Court of Appeals, a rule must fall within the APA's definition of \"`Rule'\" to have the force of law. Mills, 150 Wn. App. at 277-78. \u00b614 This neat dichotomy between \"Rules\" with a capital \"R,\" which have the force of law, and second-rate rules, which do not have the force of law, finds no support in our jurisprudence. Rather, as the University points out, the paramount consideration is whether the rule (or regulation, order, directive, or policy) was promulgated pursuant to legislative delegation. Indeed, in State v. Brown, 142 Wn.2d 57, 62, 11 P.3d 818 (2000), we said, \"To have the force of law, an administrative regulation must be properly promulgated pursuant to a legislative delegation.\" In keeping with that principle, we held that, because the Department of Corrections (DOC) had promulgated its list of \"serious infraction[s]\" pursuant to the wrong statute, the regulation in question lacked the force of law. Id. at 61. We explained that \"[a]gencies are creatures of law and are required to *912 promulgate regulations pursuant to the statute or statutes authorizing them.\" Id. at 62; see also Joyce v. Dep't of Corr., 155 Wn.2d 306, 323, 119 P.3d 825 (2005) (\"because the Department's policy directives are not promulgated pursuant to legislative delegation, they do not have the force of law\"). 3 912 3 Notably, the does not apply to the 34.05.030(1)(c), but our decision in Brown, 142 Wn.2d 57, did not rest on the exclusion of regulations from the APA's definition of \"Rule,\" but on the DOC's failure to promulgate its regulation pursuant to legislative delegation. See Brown, 142 Wn.2d at 61-62. \u00b615 Our focus on legislative delegation is consistent with the United States Supreme Court's decision in Chrysler Corp. v. Brown, 441 U.S. 281, 99 S. Ct. 1705, 60 L. Ed. 2d 208 (1979). In that case, the Court explained that, in order to have the force and effect of law, a regulation \"must be rooted in a grant of . . . power by the Congress and subject to limitations which that body imposes.\" Id. at 302. The Court went on to say that \"[w]hat is important is that the reviewing court reasonably be able to conclude that the grant of authority contemplates the regulations issued.\" Id. at 308.4 4 When the legislature enacted the current in 1988, it expressed its intent that courts would \"interpret provisions of this chapter consistently with 2/21/25, 7:09 Mills v. W. Wash. Univ, 170 Wn. 2d 903 | Casetext Search + Citator 7/11 decisions of other courts interpreting similar provisions of other states, the federal government, and model acts 34.05.001. \u00b616 Thus, the question becomes whether section XVII.2.d of the University's Faculty Handbook was promulgated pursuant to legislative delegation. As we have seen, the legislature has provided that \"[p]eer review proceedings shall be pursuant to rules and regulations promulgated by the respective institutions of higher education 28B.10.648(2). More broadly, the legislature has granted the \"board of trustees of . . . regional universities\" the authority to \"promulgate such rules and regulations . . . as the board . . . may in its discretion deem necessary or appropriate to the administration of the regional university 28B.35.120(12). We conclude that these grants of authority contemplate a regulation such as section XVII.2.d of the University's Faculty Handbook directing that faculty disciplinary hearings be closed to the public. \u00b617 Our conclusion is bolstered by legislative history. In its summary of Substitute House Bill 915, which became *913 28B.10.648, the House Committee on Higher Education said, \"Peer review procedures shall be conducted privately under rules adopted by the institution.\" 1984 REPORT, 48th Wash. Leg., at 48 (emphasis added). We are satisfied that the University's rule authorizing the closure of faculty disciplinary proceedings is consistent with legislative intent. Because section XVII.2.d of the University's Faculty Handbook was promulgated pursuant to legislative delegation, we hold that it is a \"provision of law\" expressly authorizing closure within the meaning of 34.05.449(5). The University, therefore, did not engage in an unlawful procedure by closing Mills's disciplinary hearing to the public. 913 5 6 5 When the legislature enacted 28B.10.648, the did not include institutions of higher education in its definition of \"agency.\" They were made subject to the in 1988. William R. Andersen, The 1988 Washington Administrative Procedure Act \u2014 An Introduction, 64 WASH. L. REV. 781, 786 (1989). Although the legislature indicated that one of its purposes in enacting the current in 1988 was to \"provide greater public access . . . to administrative decision making,\" it went on to say that, \"to the greatest extent possible and unless this chapter clearly requires otherwise, current agency practices . . . shall remain in effect 34.05.001, Thus, the 2/21/25, 7:09 Mills v. W. Wash. Univ, 170 Wn. 2d 903 | Casetext Search + Citator 8/11 legislature's decision to include institutions of higher education under the did not signal a rejection of the policies embodied in 28B.10.648. 6 We note that, even if the University had engaged in an unlawful procedure, Mills would not have been entitled to relief unless he could have shown that he was \"substantially prejudiced\" by the closure of his disciplinary hearing to the public. Densley, 162 Wn.2d at 226. B. Does article I, section 10 of the Washington Constitution apply to faculty disciplinary proceedings? \u00b618 Mills contends that, even if the closure of his disciplinary hearing was pursuant to a provision of law, it ran afoul of article I, section 10 of the Washington Constitution, which says, \"Justice in all cases shall be administered openly, and without unnecessary delay.\" We have recognized that, \"by its terms,\" article I, section 10 \"is not limited to trials but includes all judicial proceedings.\" Federated Publ'ns, Inc. v. Kurtz, 94 Wn.2d 51, 60, 615 P.2d 440 (1980). The question is whether it also applies to the *914 quasi- judicial proceedings conducted by administrative agencies. 914 \u00b619 In Washington Water Jet Workers Ass'n v. Yarbrough, 151 Wn.2d 470, 477, 90 P.3d 42 (2004), we said, \"When interpreting constitutional provisions, we look first to the plain language of the text and will accord it its reasonable interpretation. . . . The words of the text will be given their common and ordinary meaning, as determined at the time they were drafted.\" In keeping with this approach, we note that, when article I, section 10 was drafted, the word \"case\" was defined as \"[i]n law: a cause or suit in court; any instance of litigation; as the case was tried last term,\" Suppl. Br. of Resp't at 17 (emphasis added) (quoting 1 840 (1889)), or general term for an action, cause, suit, or controversy, at law or in equity question contested before a court of justice.\" Id. (emphasis added) (quoting 1 175 (1891)). The Framers, it seems, had only the courts within the judicial branch in mind when they spoke of the administration of \"justice in all cases.\" \u00b620 Amicus cites Bellingham Bay Improvement Co. v. City of New Whatcom, 20 Wash. 53, 54 P. 774, aff'd, 20 Wash. 231, 55 P. 630 (1898), for the proposition 2/21/25, 7:09 Mills v. W. Wash. Univ, 170 Wn. 2d 903 | Casetext Search + Citator 9/11 that \"justice in all cases\" embraces the quasi-judicial proceedings conducted by administrative agencies. In Bellingham Bay, we held that a statute that authorized city councils to reassess property did not violate article IV, section 1 of the Washington Constitution, which vests the \"judicial power\" of the State in a supreme court, superior courts, justices of the peace, and such inferior courts as the legislature may provide. In so holding, we said that \"this article of the constitution must have been enacted with the knowledge that quasi judicial powers have from time immemorial been conferred upon administrative bodies and officers.\" Id. at 58 (emphasis added). Amicus asserts that the authors of the state constitution knew that administrative bodies, as well as courts, exercised the power to determine the rights of citizens and, for that reason, \"justice in all cases\" must be *915 read as applying to quasi-judicial proceedings, as well as the proceedings of the judicial branch. 915 \u00b621 Bellingham Bay does not, in our judgment, support this reading of the state constitution. The whole point of that decision was that the term \"judicial power\" in article IV, section 1 did not embrace the quasi-judicial power exercised by administrative and executive bodies, even though the drafters of the state constitution knew that such power had been exercised from \"time immemorial.\" Since the exercise of quasi-judicial power was not embraced by the term \"judicial power\" in article IV, section 1, there is no reason to assume that it was meant to be embraced by the term \"justice in all cases\" in article I, section 10. This is especially true given that the great flowering of administrative agencies occurred long after the ratification of the constitution. Furthermore, decisions from the period following the proliferation of administrative agencies indicate that the \"stage\" at which justice is \"`administered' and therefore constitutionally required to be open\" is not reached until a superior court reviews the action of an administrative agency on appeal. Cohen v. Everett City Council, 85 Wn.2d 385, 389, 535 P.2d 801 (1975). We conclude, therefore, that article I, section 10 does not apply to the quasi-judicial proceedings of administrative agencies \u00b622 We hold that the University did not violate the or article I, section 10 of the Washington Constitution by closing Mills's disciplinary hearing to 2/21/25, 7:09 Mills v. W. Wash. Univ, 170 Wn. 2d 903 | Casetext Search + Citator 10/11 the public. Therefore, we reverse the Court of Appeals. MADSEN, C.J.; C. JOHNSON, CHAMBERS, OWENS, FAIRHURST, J.M. JOHNSON, and STEPHENS, JJ.; and TEM., concur. *916 916 About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/21/25, 7:09 Mills v. W. Wash. Univ, 170 Wn. 2d 903 | Casetext Search + Citator 11/11"} |
7,249 | Stephen Stokes | Brigham Young University – Idaho | [
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"7249_104.pdf",
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] | {"7249_101.pdf": "Woman suing BYU-Idaho, widow for alleged sexual assault from now- deceased professor \uf017 Published at 12:31 pm, July 20, 2017 Updated at 7:11 pm, July 20, 2017 Nate Sunderland, EastIdahoNews.com The Thomas E. Ricks Building houses the sociology and social work programs at BYU- Idaho | Myles Primm, EastIdahoNews.com former Brigham Young University-Idaho student claims she was repeatedly sexually assaulted by a now-deceased professor between 2014 and 2016. The female student, whom EastIdahoNews.com has chosen not to identify, filed a Title lawsuit against BYU-Idaho in federal court. Title bars sexual discrimination on campus and ensures that every university and college receiving money from the federal government investigates and resolves complaints of sexual violence. In the 27-page lawsuit, the woman, who is disabled, alleges that Stephen Stokes, a sociology professor, intentionally targeted her as a \u201cvulnerable person whom he could groom for a sexual relationship.\u201d Stokes is accused of using \u201chis knowledge of (the woman\u2019s) disabilities to coerce (her) into an unwelcomed and unwanted sexual relationship.\u201d The lawsuit asserts at least five school officials were aware of the abuse, but it was not reported to the Title coordinator for investigation. The university and Stokes\u2019 wife, Susan, are listed as defendants in the case. They adamantly deny the allegations. 2/21/25, 7:11 Woman suing BYU-Idaho, widow for alleged sexual assault from now-deceased professor - East Idaho News 1/6 Both sides are demanding a jury trial to state their arguments. This case was filed amidst changes to the Title policies at BYU-Idaho and other educational facilities owned by The Church of Jesus Christ of Latter-day Saints. The changes aims to \u201cencourage the reporting of sexual misconduct\u201d by giving victims or witnesses of sexual assault guarantees of confidentiality, amnesty and leniency. Stephen Stokes was never accused or charged of any sex crime in Idaho during his life. He died in July 2016 due to complications from heart surgery. Stokes was a \u201cbeloved professor\u201d who was missed by faculty and students, according to the BYU-Idaho Scroll. The lawsuit was filed five months after his death and amended in March In the complaint, the woman is described as being disabled due to a number of mental illnesses, including post traumatic stress disorder, agoraphobia, severe anxiety, panic disorder, anorexia and Stockholm syndrome. Her disabilities allowed her to obtain disability accommodations from the school. Court records indicate the woman met Stokes in 2014 at BYU-Idaho. The two developed a friendship after she discovered Stokes had known her deceased father. Stokes is said to have encouraged her to join the social work program and promised he would become her faculty advisor. Stokes allegedly took a heightened interest in her and when she joined the program, she told him about her mental issues. The woman also confided to Stokes that she was experiencing financial problems as a single mother. Stokes arranged for her to get food from the food bank and advocated on her behalf at BYU-Idaho. The woman asserts her contact with Stokes became more frequent and he confessed to her that he was experiencing marital problems. He is said to have mentioned that God brought the two of them together. \u201cStokes told her that Heavenly Father placed her in his life for a reason and that (Stokes was) supposed to show her what it feels like to be cared for \u2026 and that God had revealed her goodness to him and that he had been given the sacred privilege to help her,\u201d court documents state. The woman claims the relationship escalated to hugging in his office and then to physical massage or \u201cspinal touch\u201d sessions to help her relieve severe anxiety. In court documents, she alleges the touching made her anxiousness worse. In the fall of 2014, court documents state one of the spinal touch sessions ended with sexual activity. Afterward she said it became a regular part of their interaction, and Stokes used God and religion on multiple occasions to justify sexual advances. In January 2015, the woman took a job as his teaching assistant and she claims Stokes indicated he wanted a more permanent relationship. \u201cDuring her employment, (Stokes) continued to insist on providing \u2018therapeutic\u2019 rubbing and touching to \u2018assist\u2019 (her) in managing her anxiety,\u201d court documents show. \u201cTo the contrary, her anxiety became unmanageable at this time.\u201d 2/21/25, 7:11 Woman suing BYU-Idaho, widow for alleged sexual assault from now-deceased professor - East Idaho News 2/6 She saw doctors 14 times between January 2015 and July 2016 to get medication for anxiety or panic attacks exacerbated \u201cby Stokes\u2019 aggressive harassment, stalking and sexual assault and battery,\u201d according to court documents. Between April 2015 to July 2016, she says, that sexual contact occurred at least three times per week in BYU-Idaho parking lots, classrooms, a campus greenhouse and at her home. She began to skip school to avoid Stokes, but she said he would show up at her house, at church and at family events. He is said to have told her that \u201che was her loving husband sent by God.\u201d \u201c(She) wanted to end this harmful relationship, but felt trapped. Stokes had been so kind to (her) as a father figure when they first met, but she wanted nothing to do with his sexual advances and obsession with her as his \u2018wife,'\u201d documents show. \u201cShe came to believe if she ended the relationship Stokes would retaliate against her and ensure she could not complete her degree.\u201d The woman told a friend and fellow social work student about the relationship. The friend advised that she report Stokes to university officials. The friend also told a school counselor at the BYU-Idaho Counseling Center about the relationship and said she was going to report Stokes. The plaintiff claims Stokes found out about the friend. He threatened to cancel the friend\u2019s internship if she \u201ccontinued to meddle in their relationship,\u201d the plaintiff said. Stokes came up with a plan to tell administrators about the relationship, \u201cbut to explain their relationship in a way that would not point to any misconduct on Stokes\u2019 part,\u201d the plaintiff said. The woman and the friend spoke with department administrators, according to court documents. The woman initially disclosed that she was in a relationship with Stokes that involved \u201ckissing and leg rubbing,\u201d but was not sexual. She is said to have also told administrators that Stokes had \u201ctaken over her life.\u201d Department leaders met with Stokes to discuss the allegations. \u201cAfter a matter of minutes Stokes exited the room smiling triumphantly and reported to (the woman) that everything was fine and thanked her for \u2018saving him,'\u201d court documents state. The next day Stokes received a letter of reprimand from the department chair for having an inappropriate relationship with a student and he was advised to stop to avoid further disciplinary action, according to the lawsuit. No other action was taken. The woman claims even after the reprimand, Stokes \u201ccontinued to regularly sexually assault and batter (her) on the BYU-Idaho campus and in her home.\u201d Stokes is said to have called and texted the woman up to the time he died on July 1, 2016. Later, the woman was put on academic suspension for poor grades. She said it was due to missed classes from trying to avoid Stokes and from anxiety that came with the relationship. She also said due to the lawsuit, she was denied an ecclesiastical endorsement, which is needed to attend BYU-Idaho. 2/21/25, 7:11 Woman suing BYU-Idaho, widow for alleged sexual assault from now-deceased professor - East Idaho News 3/6 Stephen Stokes | BYU-Idaho Scroll This federal lawsuit against BYU-Idaho is not the first legal action taken by the female plaintiff against the Stokes estate. In October 2016, the woman filed a claim in Madison County against the estate of Stephen Stokes in excess of $1 million. She was claiming damages for sexual assault, sexual battery, and infliction of negligent and intentional emotional stress. Her attorney said that the case is still active and is pending the results of the federal case The woman is being represented by Holden, Kidwell Hahn & Crapo in Idaho Falls. When asked about their client, the law firm issued the following statement: \u201cIn spite of the tragic events (the plaintiff) endured from a trusted professor, she is, and intends to remain, a faithful member of the Mormon church. Unfortunately, (her) disabilities make her extremely vulnerable to manipulation and abuse, which she was not prepared to encounter on the campus of BYU-Idaho.\u201d The lawsuit is seeking unspecified damages from BYU-Idaho and the Stokes estate on seven counts: 1. That BYU-Idaho was a hostile work environment where the plaintiff was sexually harassed and that although the harassment was reported to administrators, no one took corrective measures on her behalf or reported the conduct to the Title coordinator as per BYU-Idaho\u2019s Sexual Misconduct Policy. 2. The plaintiff was subjected to teacher-on-student sexual harassment based on the fact Stokes had the power to harm the plaintiff\u2019s ability to complete her education. Also that 2/21/25, 7:11 Woman suing BYU-Idaho, widow for alleged sexual assault from now-deceased professor - East Idaho News 4/6 BYU-Idaho acted with indifference to the abuse and discrimination and as a result the woman continues to suffer emotional distress and humiliation. 3. That the school violated the Americans with Disabilities Act because Stokes knew about her disabilities and proceeded to take advantage of her with unwanted sexual advances. 4. That BYU-Idaho violated the Human Rights Act because Stokes, her superior when she was his teaching assistant, discriminated against her based on gender. 5. The plaintiff claims that Susan Stokes, a representative of her husband\u2019s estate, is liable for the intentional infliction of emotional distress and for Stephen Stokes\u2019 treatment of the plaintiff. 6. The plaintiff claims Susan Stokes is also liable for negligent infliction of emotional distress because Stephen Stokes was aware he was in breach of a standard of conduct. 7. That Stephen Stokes did sexually assault and batter the woman despite her repeated protests and that he used her vulnerabilities to force her into a sexual relationship With few exceptions, BYU-Idaho and Susan Stokes adamantly deny the allegations made against them by the plaintiff. They imply her story of a sexual relationship with Stokes was made up only after his death. BYU-Idaho spokesman Brett Crandall issued the following statement about the case: \u201cBrigham Young University-Idaho is committed to promoting and maintaining a safe and respectful environment for the campus community. It is the university\u2019s policy to take immediate and appropriate steps to stop sexual harassment, prevent any recurrence and address its effects. BYU-Idaho confirms it has reviewed allegations of sexual harassment concerning a former employee who passed away in July 2016. The university was unaware of these allegations prior to the employee\u2019s death and is confident it has acted appropriately. Moreover, the university is not aware of any violations of state or federal law. In its court submissions, BYU-Idaho has responded to the lawsuit\u2019s specific allegations and is confident the legal system will determine the truth of this case and will act accordingly.\u201d BYU-Idaho and Susan Stokes are being represented by Boise law firm Andersen, Schwartzman, Woodard and Brailsford. In its rebuttal to the lawsuit, the university denies discriminating against the plaintiff. BYU-Idaho also says administrators had no knowledge of any harassment or abuse. \u201cWhen plaintiff met with before Stokes\u2019 death, she did not reveal a physical or romantic relationship. Contrary to (her complaint), she did not mention any harassment or abuse,\u201d according to a university statement in court records. Instead, BYU-Idaho claims Stokes\u2019 interactions with the plaintiff were limited to emotional and financial support. \u201cIt was not until after Stokes\u2019 death that plaintiff indicated she had a consensual romantic relationship with Stokes. Then months after Stokes\u2019 death and after hiring an attorney and demanding significant sums of money, plaintiff changed her story to claim harassment and abuse,\u201d the statement reads. 2/21/25, 7:11 Woman suing BYU-Idaho, widow for alleged sexual assault from now-deceased professor - East Idaho News 5/6 The university admits Stokes did help the plaintiff pay for groceries, medication and helped her in a legal matter. But it denies the woman ever told any administrator that there was a physical or romantic relationship with Stokes. BYU-Idaho also asserts the plaintiff\u2019s friend denied knowing anything about a physical relationship between her and Stokes. EastIdahoNews.com reached out to the friend for comment but has not received a response. The university said it sent a letter to Stokes directing him to cease all non-academic interactions with the plaintiff. However, nothing reported to BYU-Idaho at the time required a Title investigation because all involved said there had been no discrimination or harassment, according to the university. BYU-Idaho said the plaintiff told several individuals about a consensual romantic relationship after Stokes\u2019 death. Upon hearing those rumors, the Title coordinator reached out to the plaintiff multiple times, but she did not meet with him. BYU-Idaho claims it exercised reasonable care to protect the plaintiff and that it did not know about Stokes\u2019 alleged conduct. The university denies it discriminated against her based on her gender or disability or that she suffered any damages as a result of its actions. The lawsuit is currently in the discovery phase. No trial date has been set. 2/21/25, 7:11 Woman suing BYU-Idaho, widow for alleged sexual assault from now-deceased professor - East Idaho News 6/6", "7249_102.pdf": "1 STEVENS, Plaintiff, v d/b/a BYU-Idaho, and STOKES, personal representative of the Estate of Stephen Stokes, Defendants. Case No. 4:16-cv-00530 This matter comes before the Court on Plaintiff Lori Stevens\u2019 Motion for Leave to Amend Amended Complaint. Dkt. 30. The Motion is fully briefed and ripe for decision. Having reviewed the record, the Court finds that the parties have adequately presented the facts and legal arguments in the briefs. Accordingly, in the interest of avoiding further delay, and because the Court finds that the decisional process would not be significantly aided by oral argument, the Court decides the pending Motion on the record without oral argument. Dist. Idaho Loc. Civ. R. 7.1(d)(2)(ii). For the reasons set forth below, the Court finds good cause to the Motion. Case 4:16-cv-00530 Document 54 Filed 02/23/18 Page 1 of 12 2 Stevens filed this case against Brigham-Young University-Idaho (\u201cBYU-I\u201d) and Susan Stokes, as personal representative of the Estate of Stephen Stokes,1 on December 9, 2016. Dkt. 1. Prior to any answer or appearance by Defendants in this matter, Stevens filed her Amended Complaint on March 3, 2017. Dkt. 4. In her Amended Complaint, Stevens, a former student, alleges generally that Stephen Stokes, a former professor, initiated an unwanted relationship with her while she was a student and Stokes was a professor at BYU-I. Stevens alleges that this relationship ultimately became sexually and emotionally abusive. Stevens further asserts that she, along with another student, reported Stokes\u2019 inappropriate and abusive behavior to several professors and officials, who failed to take any action. The relationship ended when Stokes died on July 1, 2016, from complications during heart surgery. In her Amended Complaint, Stevens asserted four causes of action against both Defendants: (1) teacher-on-student hostile environment/sexual harassment actionable under Title of the Education Amendments Act; (2) teacher-on-student quid pro quo sexual harassment; (3) hostile learning environment in violation of the Rehabilitation Act and the Americans with Disabilities Act; and (4) violation of the Idaho Human Rights Act. Stevens asserted three additional causes of action against Susan Stokes alone: (5) intentional infliction of emotional distress; (6) negligent infliction of emotional distress; and (7) assault and battery. 1 The Court will refer to Defendant Susan Stokes as \u201cSusan Stokes\u201d and Stephen Stokes as \u201cStokes.\u201d Case 4:16-cv-00530 Document 54 Filed 02/23/18 Page 2 of 12 3 After Defendants filed their Answers to the Amended Complaint, the Court entered a case management order requiring the parties to amend the pleadings and join parties by July 28, 2017, complete discovery by April 27, 2018, and file any dispositive motions by May 25, 2018. Dkt. 15. On December 21, 2018, Stevens filed the Pending Motion to Amend her Amended Complaint. Dkt. 30. Stevens seeks to add two additional claims: (8) negligence per se (against and Stokes); and (9) negligent supervision (against alone filed an opposition to the Motion to Amend. Dkt. 34. Susan Stokes did not file her own opposition, but notified the Court that she joins in BYU-I\u2019s opposition. Dkt. 36. This Motion became ripe when Stevens filed her reply brief on January 25, 2018. Dkt. 38. Finally, on February 9, 2018, as the Court was drafting its decision, Susan Stokes notified the Court that she had settled this matter with Stevens. Dkt. 44. This fact did not affect the Court\u2019s decision \u201cOnce [a] district court ha[s] filed a pretrial scheduling order pursuant to Federal Rule of Civil Procedure 16 . . . establish[ing] a timetable for amending pleadings,\u201d Rule 16\u2019s standards control any motion to amend the pleadings. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607\u201308 (9th Cir. 1992). Rule 16 provides that \u201c[a] schedule may be modified only for good cause and with the judge\u2019s consent.\u201d Fed. R. Civ. P. 16(b)(4). If the party seeking amendment establishes \u201cgood cause\u201d under Rule 16, the party then must demonstrate that amendment is proper under Rule 15. Johnson, 975 F.2d at 609. Case 4:16-cv-00530 Document 54 Filed 02/23/18 Page 3 of 12 4 Rule 16\u2019s good cause inquiry focuses primarily on \u201cthe diligence of the party seeking the amendment.\u201d Id. \u201cRule 16 was designed to facilitate more efficient disposition of cases by settlement or by trial. If disregarded it would \u2018undermine the court\u2019s ability to control its docket, disrupt the agreed-upon course of the litigation, and reward the indolent and the cavalier.\u2019\u201d Walker v. City of Pocatello, 2017 1650014 at *1 (D. Idaho May 1, 2017) (quoting Johnson, 975 F.2d at 610); see also Simplot Livestock Co. v. Sutfin Land & Livestock, No. 116-CV-00139-EJL-REB, 2018 563142, at *1 (D. Idaho Jan. 25, 2018). The Ninth Circuit has instructed that a \u201cdistrict court may modify the pretrial schedule \u2018if it cannot reasonably be met despite the diligence of the party seeking the extension.\u2019\u201d Johnson, 975 F.2d at 609 (quoting Fed. R. Civ. P. 16 advisory committee\u2019s notes (1983 amendment)). Put simply, \u201cgood cause\u201d means scheduling deadlines cannot be met despite a party\u2019s diligence. 6A Wright, Miller & Kane, Federal Practice and Procedure \u00a7 1522.1 at 231 (2d ed.1990). In contrast, under Rule 15, leave to amend a pleading \u201cshall be freely given when justice so requires.\u201d Fed. R. Civ. P. 15(a). Leave to amend lies within the sound discretion of the trial court, which \u201cmust be guided by the underlying purpose of Rule 15 to facilitate decisions on the merits, rather than on the pleadings or technicalities.\u201d United States v. Webb, 655 F.2d 977, 979 (9th Cir. 1981). The Rule 15 \u201cpolicy is \u2018to be applied with extreme liberality.\u2019\u201d Eminence Capital v. Aspeon, Inc., 316 F.3d 1048, 1051 (9th Cir. 2003) (citation omitted). Nevertheless, the Supreme Court has instructed district courts to consider the following factors when deciding whether to grant leave to amend: \u201cundue delay, bad faith or dilatory motive on the part of the movant, repeated failure to Case 4:16-cv-00530 Document 54 Filed 02/23/18 Page 4 of 12 5 cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, [and] futility of amendment.\u201d Id. (quoting Foman v. Davis, 371 U.S. 178, 182 (1962 Stevens asserts that she recently \u201cuncovered additional information that gives rise to additional claims that can be brought against Defendants.\u201d Dkt. 31, at 5. Specifically, Stevens asserts that around November of 2017 she discovered \u201cdetails about Stokes\u2019 relationship with [another] female student named Rachel.\u201d Dkt. 30-2, at 18. \u201cStevens learned that Stokes had engaged in similar grooming behaviors to those he had used on Stevens, including acting as a professional counselor, gifting his used personal articles of clothing . . . to be worn by the female student, and showing up without invitation to the student\u2019s home.\u201d Id. Stevens believes that both Rachel and Susan Stokes reported the relationship to BYU-I, and that, after these reports, \u201cStokes was directed to no longer counsel female students regarding personal matters.\u201d Id. at 18\u201319. Finally, Stevens asserts that she recently learned that \u201cStokes held himself out as [her] counselor and represented to medical personnel that he was [her] case worker in order to gain access to her while she was hospitalized or at doctor\u2019s appointments.\u201d Dkt. 31, at 6. Stevens maintains that these revelations give rise to two new causes of action. First, Stevens seeks to assert a claim of negligence per se based on a violation of Idaho Code \u00a7 18-919. \u201c[I]n Idaho, it is well established that statutes and administrative regulations may define the applicable standard of care owed, and that violations of such statutes and regulations may constitute negligence per se.\u201d Sanchez v. Galey, 112 Idaho Case 4:16-cv-00530 Document 54 Filed 02/23/18 Page 5 of 12 6 609, 733 P.2d 1234, 1242 (1986) (quoted in Albertson v. Fremont Cty., 834 F. Supp. 2d 1117, 1134\u201335 (D. Idaho 2011)). Section 18-919 of the Idaho Code states that \u201c[a]ny person acting or holding himself out as a . . . psychotherapist . . . who engages in an act of sexual contact with a patient or client, is guilty of sexual exploitation by a medical care provider.\u201d Dkt. 30-2, at 28. Stevens asserts that Stokes violated section 18-919 and that \u201cBYU-Idaho is liable for Stokes\u2019 actions through the doctrine of respondeat superior because Stokes\u2019 actions were committed within the scope of Stokes\u2019 employment with BYU-Idaho, some of Stokes\u2019 actions were committed on BYU-Idaho\u2019s premises, and Stokes was otherwise under the direction or control of BYU-Idaho when Stokes\u2019 actions toward Stevens occurred.\u201d Id. Second, Stevens seeks to assert a claim of negligent supervision against BYU-I. The Idaho Court of Appeals has described the tort of negligent supervision as follows: [A] negligent supervision claim is not based upon imputed or vicarious liability but upon the employer\u2019s own negligence in failing to exercise due care to protect third parties from the foreseeable tortious acts of an employee. . . . [N]egligent supervision liability encompasses conduct of the employee that is outside the scope of employment, at least if the employee is on the employer\u2019s premises or using an instrument or property of the employer. An employer\u2019s duty of care requires that an employer who knows of an employee's dangerous propensities control the employee so he or she will not injure third parties. Rausch v. Pocatello Lumber Co., 14 P.3d 1074, 1080 (Idaho Ct. App. 2000) (internal citations omitted). Stevens asserts that the reports Rachel and Susan Stokes made to about the relationship between Rachel and Stokes put on \u201cnotice of Stokes\u2019 dangerous propensities toward grooming behavior and inappropriate relationships with female students.\u201d Dkt. 30-2, at 29. Stevens then alleges, that despite this notice, Case 4:16-cv-00530 Document 54 Filed 02/23/18 Page 6 of 12 7 failed \u201cto control or properly supervise Stokes so that he did not commit tortious acts against Stevens,\u201d and in doing so breached the duty of care it owed to Stevens. Id. A. Rule 16 Good Cause Standard The Court first considers whether Stevens has shown good cause under Rule 16 to justify allowing her to add these two new claims. See Johnson, 975 F.2d at 609. As explained below, the Court finds Stevens has not established such good cause to add either the negligence per se claim or the negligent supervision claim. 1. Negligence Per Se Claim The Court agrees with that Stevens has known since before this lawsuit was filed of facts that would give rise to the negligence per se claim. Stevens asserted multiple times in her Amended Complaint that Stokes held himself out as her counselor. Dkt. 4, \u00b6 23 (\u201cStokes advocated for Stevens at school and told other [sic] he was her advisor, counselor, and friend.\u201d); \u00b6 34 (\u201cStokes spent a great deal of time with Stevens in his office discussing her past of traumatic physical and sexual abuse, and the disabilities that she suffered as a result of her trauma, taking on a role as a counselor.\u201d); \u00b6 81 (\u201cStokes had authority and power over Stevens as it related to her grades, disability accommodation in his classes, as a teaching assistant, and in his declared role as her counselor and patriarch.\u201d). Stevens also alleged in her original and Amended Complaints that Stokes performed \u201ctherapy\u201d sessions with her and continually \u201cinsist[ed] on providing \u2018therapeutic\u2019 rubbing and touching to \u2018assist\u2019 Stevens in managing her anxiety.\u201d Dkt. 1, \u00b6\u00b6 35, 38. Case 4:16-cv-00530 Document 54 Filed 02/23/18 Page 7 of 12 8 Despite these assertions, Stevens insists that she could not have brought \u201cher negligence per se claim against the Estate previously because, [until this point] it was unclear that Stokes actually acted as and held himself out generally as a counselor to multiple people including [Stevens\u2019] medical providers and other female students.\u201d Id. The Court is not persuaded. Stevens has failed to cite legal authority to support the conclusion that to be found negligent per se based on a violation of Idaho Code section 18-919 a defendant must have held himself out as a counselor to multiple people. If true, the newly discovered facts\u2014that Stokes told medical providers that he was Stevens\u2019 counselor and that he held himself out as a counsel to other female students\u2014would have bolstered a negligence per se claim. However, Stevens was not foreclosed from asserting the negligence per se claim by the designated deadline simply because she did not have this new evidence. The record shows Stevens knew Stokes was holding himself out as her counselor in his communications with her when Stevens filed her original and Amended Complaints. This was enough knowledge to assert the negligence per se claim against the Estate and Stevens\u2019 failure to assert the claim earlier shows a lack of diligence. Nevertheless, Stevens opines that she could not have asserted the negligence per se claim against earlier either. Stevens asserts that \u201cuntil [she] had information that was aware of and condoned Stokes\u2019 counseling sessions with other female students prior to Plaintiff, [she] would have had difficulty tying in the necessary elements for respondeat superior liability under her negligence per se claim.\u201d Dkt. 38, at 4. Stevens explains that, \u201cby being put on notice about Stokes\u2019 behavior and then allowing him to continue to counsel female students subsequent to that notice implicitly Case 4:16-cv-00530 Document 54 Filed 02/23/18 Page 8 of 12 9 adopted those counseling sessions as within the scope of Stokes\u2019 employment with BYU- I.\u201d Id. at 5. The Court again disagrees. It is true that, \u201c[u]nder the doctrine of respondeat superior, \u2018an employer is liable in tort for the tortious conduct of an employee committed within the scope of employment.\u2019\u201d Nava v. Rivas-Del Toro, 264 P.3d 960, 964 (Idaho 2011) (quoting Finholt v. Cresto, 155 P.3d 695, 698 (Idaho 2007)). \u201cScope of employment \u2018refers to those acts which are so closely connected with what the servant is employed to do, and so fairly and reasonably incidental to it, that they may be regarded as methods, even though quite improper ones, of carrying out the objectives of the employment.\u2019\u201d Id. (quoting Richard J. & Esther E. Wooley Trust v. DeBest Plumbing, Inc., 983 P.2d 834, 837\u201338 (Idaho 1999)). An employer need not explicitly condone, implicitly adopt, or even have specific knowledge of an employee\u2019s wrongful conduct in order to held liable for that conduct under a respondeat superior theory. Thus, Stevens did not need evidence that had adopted or condoned Stokes\u2019 counseling of prior female students in order to assert this negligence per se claim against BYU-I. Because Stevens knew Stokes was holding himself out to her as a counselor well before the amendment deadline expired, she had ample opportunity to investigate whether Stokes was acting within the scope of his employment in doing so. Stevens could have discovered earlier whether Stokes\u2019 counseling of Stevens was \u201cclosely connected with what [he was] employed to do,\u201d or at least \u201cso fairly and reasonably incidental to\u201d what he was employed to do that his counseling \u201cmay be regarded as methods, even though quite improper ones, of carrying Case 4:16-cv-00530 Document 54 Filed 02/23/18 Page 9 of 12 10 out the objectives of [his] employment.\u201d Id. Accordingly, the Court finds Stevens has not shown good cause under Rule 16 to add a negligence per se claim to this suit. 2. Negligent Supervision Claim The Court also finds that Stevens has failed to show good cause to add her negligent supervision claim asserts a few reasons why the Court should decline to find good cause to add this claim. First argues \u201cStevens and her attorney failed to act diligently in locating Rachel.\u201d Dkt. 34, at 10. Second argues \u201c[t]he allegedly \u2018new\u2019 evidence from Rachel is merely corroborative and cumulative.\u201d Id. The Court finds it unnecessary to parse through the record and make a determination as to whether Stevens acted diligently enough in locating and contacting Rachel.2 Rather, the Court finds BYU-I\u2019s second argument determinative made two sub-points with regard to this second argument. First points out that Stevens alleges that Stokes told her about his relationships with Rachel and other students. Accordingly argues, because Stevens knew of these 2 Both sides make strong arguments on this point points out that Stevens knew Rachel\u2019s name, and the school she attended, long before she even filed this lawsuit, so locating her should have been easy. Stevens explains that she did not know \u201cRachel\u2019s current last name, and was only aware of her prior last name, which was a very common name.\u201d Dkt. 38, at 6. Moreover, at some point Rachel moved out of state and Stevens \u201cdid not know to which state Rachel had moved, [and] had no contact information for her.\u201d Id. at 6\u20137. Eventually, Rachel initiated contact with Stevens\u2019 attorneys after they made several attempts to contact Rachel through other people. Id. at 7. Finally, Stevens states that named Rachel as a witness, but provided only Rachel\u2019s old address and phone number, \u201cboth of which were no longer good.\u201d Id. at 6. Stevens also asserts that both Defendants have been in contact with Rachel, so they must both have current contact information for Rachel, which they had a duty to provide to opposing counsel. Id. BYU-I, in response, contends that it has provided \u201cfull and complete responses to all of Stevens\u2019 discovery requests\u201d and that \u201cStevens has never once indicated . . . that she lacks [Rachel\u2019s] contact information because she has not, to date, requested that contact information.\u201d Dkt. 34, at 13\u201314. Case 4:16-cv-00530 Document 54 Filed 02/23/18 Page 10 of 12 11 relationships, Stevens could have asserted or investigated this negligent supervision claim earlier. The Court agrees with Stevens that her personal knowledge of these prior relationships alone did not allow her to assert this claim earlier. Rather, it was only after Stevens obtained evidence that had notice of at least one of these earlier relationships that she had grounds upon which to assert a negligent supervision claim. See Rausch, 14 P.3d at 1080 (stating negligent supervision claim cannot succeed unless the employer \u201cknows of an employee\u2019s dangerous propensities\u201d). Second contends that \u201cStevens could have included a Negligent Supervision cause of action in either of her two prior complaints based upon BYU-I\u2019s purported failure to properly supervise Stokes after receiving notice of his relationship with Stevens.\u201d Dkt. 34, at 12. The Court agrees. Stevens alleges in her Amended Complaint that she, along with Rachel, reported Stokes\u2019 behavior to the following faculty members on June 8, 2016: Paul Roberts (Head of the Social Work Program); Richard Whiting (faculty for the Social Work Program); and Nathan Meeker, (Chair of the Sociology and Social Work Department). Dkt. 4, \u00b6\u00b6 51\u201356. These faculty members then reported Stokes\u2019 behavior to Steven Dennis (Chair of the Sociology and Social Work Department). Id. at \u00b6 58. Dennis emailed Stokes the next day to inform him that he \u201chad been reported as having an inappropriate relationship with a student and that all contact with her must stop to avoid further action being taken.\u201d Id. \u00b6 60. These faculty members took no other action to protect Stevens. Id. They did not report Stokes to the Title Office or to the Dean. Id. Stevens then alleges that, thereafter, up until his death about one month later, \u201cStokes continued to regularly sexually assault and batter [her] on Case 4:16-cv-00530 Document 54 Filed 02/23/18 Page 11 of 12 12 the school campus and in her home.\u201d Dkt. 4, \u00b6 63. Thus, Stevens knew was on notice of Stokes \u201cdangerous propensities\u201d as of June 8, 2016, and failed to take steps to supervise Stokes in order to protect Stevens from further harm. This was enough information to permit Stevens to assert a negligent supervision claim in her original or Amended Complaint. The new information Stevens has recently learned about BYU-I\u2019s knowledge of Rachel\u2019s relationship with Stokes would then have bolstered the negligent supervision claim. Stevens did not respond to this argument in her reply brief. Therefore, the Court finds Stevens was not diligent in asserting her negligent supervision claim and, accordingly, that she has failed to show good cause to add this claim six months after the time for amending pleadings expired. Because Stevens has not shown good cause under Rule 16, the Court need not address which amendment would be just under Rule 15 ORDERS: 1. Stevens\u2019 Motion for Leave to Amend Amended Complaint (Dkt. 30) is DENIED. DATED: February 23, 2018 _________________________ David C. Nye U.S. District Court Judge Case 4:16-cv-00530 Document 54 Filed 02/23/18 Page 12 of 12", "7249_103.pdf": "From Casetext: Smarter Legal Research Stevens v. Brigham Young Univ Dec 3, 2019 Case No. 4:16-CV-530 (D. Idaho Dec. 3, 2019) Copy Citation Download Check Treatment Meet CoCounsel, pioneering that\u2019s secure, reliable, and trained for the law. Try CoCounsel free Case No. 4:16-CV-530 12-03-2019 Plaintiff, v dba BYU-Idaho, a Utah corporation and STOKES, personal representative of the Estate of Stephan Stokes, Defendants. B. Lynn Winmill U.S. District Court Judge Sign In Search all cases and statutes... Opinion Case details 2/21/25, 7:11 Stevens v. Brigham Young Univ., Case No. 4:16-CV-530 | Casetext Search + Citator 1/11 The Court has before it a motion for sanctions filed by the plaintiff Lori Stevens. The Court held an evidentiary hearing on November 11-12, 2019, and directed counsel to file further briefing. That briefing has now been received and the motion is at issue. For the reasons set forth below, the Court will deny the motion but will allow full inquiry at trial into the issues raised here and will consider jury instructions discussed further below Plaintiff Stevens, a former student, alleges that Robert Stokes, a former professor, initiated an unwanted relationship with her while she was a student and Stokes was a professor at BYU-I. Stevens alleges that this relationship ultimately became sexually and emotionally abusive. She further asserts that she, along with *2 another student, Danielle Spencer, reported Stokes' inappropriate and abusive behavior to several professors and officials, who failed to take any action. The relationship ended when Stokes died on July 1, 2016, from complications during heart surgery. Stevens originally sued and the Stokes estate. She later settled her claims against the Stokes estate. The Church intervened for \"the limited purpose of protecting its claims of privilege. . . .\" See Order (Dkt. No. 89). 2 There are now four claims in this case against BYU-I: 1. Teacher-on-student hostile environment/sexual harassment actionable under Title of the Education Amendments Act; 2. Teacher-on-student quid pro quo sexual harassment; 3. Hostile learning environment in violation of the Rehabilitation Act and the Americans with Disabilities Act; and 4. Violation of the Idaho Human Rights Act In her motion for sanctions, Stevens claims that improperly influenced the testimony of a crucial witness, Danielle Spencer, who was a 2/21/25, 7:11 Stevens v. Brigham Young Univ., Case No. 4:16-CV-530 | Casetext Search + Citator 2/11 See Stevens' Deposition (Dkt. No. 170-6) at p. 217. Alarmed by this, Spencer decided to confront Stokes but first sought counsel from therapist Lisa Fox. Fox's notes from her session with Spencer read in part as follows: \"[Spencer] confided that her close friend recently told her that she had been having an emotional and physical relationship with one of their mutual instructors, who was married. [Spencer] stated she told her friend that things needed to end and friend agreed but stated she had tried before but without success. [Spencer] knows the instructor well and stated she felt inclined to talk to him personally but wanted to 'run this idea' by this therapist; [I] offered support and suggestions for managing the situation.\" See Exhibit 1007. friend and confidant of Stevens. Stevens alleges that BYU-I's counsel manipulated Spencer into changing her initial testimony that would have favored Stevens to testimony that is now detrimental to her case. Stevens argues that as an unrepresented third-party witness, Spencer should have been able to testify about her interactions, provide relevant documents, and exit the litigation. Instead, Stevens asserts met with Spencer for hours to coach and influence her, educate her on privilege, and limit and shape her testimony. At this point the Church stepped in to pay for legal counsel it selected to represent Spencer. Stevens asserts that BYU-I's counsel and the Church-appointed counsel for Spencer *3 then consulted to ensure Spencer took actions and gave testimony favorable to BYU-I. She further asserts that provided Spencer with additional deferments for her schooling beyond its stated policy, significant grade changes, and free counseling. 3 To address these arguments, the Court will begin by reviewing what the record reveals about Spencer's knowledge and conduct concerning the relationship between Stevens and Stokes. Stevens testified that during her relationship with Stokes, she told Spencer that Stokes was harassing her told her [Spencer] that he [Stokes] was calling me his wife, that he was loving me, that he was touching me, that he was kissing me . . . . He's coming to my house and he won't leave me alone. And told her [Spencer am trying and trying and trying to push him away and can't do it need help. That's what told her need help to stop him. 2/21/25, 7:11 Stevens v. Brigham Young Univ., Case No. 4:16-CV-530 | Casetext Search + Citator 3/11 See Exhibit 1003. Stevens filed this lawsuit on December 9, 2016. Several months later, in July of 2017, Spencer saw a newspaper article describing the lawsuit. Testimony at Evidentiary Hearing November 12, 2019. She was concerned that article's description of the lawsuit did not reflect the relationship between Strokes and Stevens as she understood it. Id. She read that was represented by Wade Woodard, and she called Woodard. Id. Woodard asked her to read Stevens' complaint and then call him back. Id. After reading the complaint, Spencer testified that \"it was apparent to me that she [Stevens] was being untruthful . . . and many things felt were misleading based on the interactions had had.\" See Spencer Deposition (Dkt. No. 184-2) at p. 20. Spencer then called Woodard to set up a meeting between the two. Spencer then confronted Stokes and wrote the following text to Stevens about that confrontation: *4 4 Lori love you and am trying to respect your agency do not want to be one more person in your life dictating your choices am trying to balance that respect with the obligation feel as your friend to stand up for you and let you know when someone's behavior is out of line cannot sit by as someone tries to convince you something is ok that is clearly not. He is continuing to make a choice and expect you to deal with the consequences of it am honestly concerned about what saw today. Intended or not, that was manipulation want so badly for you to be able to have someone you trust to go to, and know he is a good person, but he is not in his right mind right now. . . . He literally thinks God wants him to cheat on his wife. I'm not sure how he can say that and be in a rational place. On December 5, 2016, Spencer met with Woodard to discuss Stevens' lawsuit. Woodard asked her about any knowledge she had about Stevens' claims. Spencer and Woodard testified that Woodard did not attempt to coach or change Spencer's testimony. Spencer testified that by this point she had heard many different stories from Stevens and *5 no longer believed that 5 2/21/25, 7:11 Stevens v. Brigham Young Univ., Case No. 4:16-CV-530 | Casetext Search + Citator 4/11 Stokes was harassing and manipulating Stevens. See Spencer Declaration (Dkt. No. 198) at \u00b6\u00b6 15-30. Shortly after that meeting, an attorney working for - Mckinzie Cole - met with Spencer and coordinated the downloading of Spencer's text messages from her phone. Woodard then noticed Spencer's deposition for September 14, 2017, and Stevens' attorney DeAnn Casperson sent a subpoena to Spencer directing her to provide documents about a week before the deposition. See Exhibit (Dkt. No. 170-3). Spencer emailed the subpoena to Woodard on August 31, 2017, see Hearing Exhibit 1018, to get his help because had downloaded her emails and the production was just overwhelming to her. Hearing Testimony November 12, 2019. Woodard met again with Spencer just prior to the deposition. In this meeting on September 13, 2017, present were Spencer, Woodard, BYU-I's in- house counsel Stephen Craig and the Risk Management Attorney for the Church, Steven Hoskins. The meeting lasted about two hours. See Spencer Declaration (Dkt. No. 198) at \u00b6 38 During that meeting, Woodard learned that Spencer had discussed this matter with two counselors - Dan Barnes and Lisa Fox. Woodard testified that he told her that those communications may be privileged, described in general the four privileges available under the law, and recommended that she get legal counsel. He testified - and Spencer confirmed - that it was Spencer who decided later (during the deposition) to claim the privilege and that Woodard never advised her that any particular communication was privileged or that she should claim a privilege. See Hearing Testimony November 11-12, 2019. Yet, when Casperson asked Spencer if BYU-I's counsel had advised her that her *6 discussion with Barnes was privileged - that is, whether a particular communication was privileged - Spencer answered \"Yes.\" Id. Her answer was consistent with her notes from that meeting which state as follows: \"Don't offer Barnes info (& if do, only what had shared w/Lori & only that).\" See Exhibit 1008. 6 Spencer's first deposition was taken by Woodard on September 14, 2017. She was not yet represented by counsel and was questioned first by Woodard and then cross-examined by Casperson. Also present were BYU-I's in-house 2/21/25, 7:11 Stevens v. Brigham Young Univ., Case No. 4:16-CV-530 | Casetext Search + Citator 5/11 counsel Stephen Craig and the Risk Management Attorney for the Church, Steven Hoskins. As the deposition began, Casperson expected Spencer to confirm the gist of the emails - and Stevens' testimony - that Stokes was harassing Stevens. See Casperson Declaration (Dkt. No. 170-2) at \u00b6 8. That is not, however, how Spencer testified. In answering questions from Woodard, Spencer testified that when she read Stevens' complaint in this case \"it was apparent to me that she was being untruthful . . . and many things felt were misleading based on the interactions had had.\" See Spencer Deposition (Dkt. No. 184-2) at p. 20. Spencer related that Stevens had told her that \"[s]he [Stevens] was grateful for Professor Stokes because when he would help her out with groceries, that he didn't expect anything in return. That in the past men who had come in and fed her family had expected things sexually from her, but with Professor Stokes that he didn't.\" Id. at p. 29. According to Spencer, the relationship was \"portrayed as supportive\" by Stevens. Id. at p. 36. Spencer denied that Stevens had ever told her that she was being harassed or sexually assaulted by Stokes. Id. *7 7 Spencer did testify that the relationship changed somewhat about a month before Stokes passed away. Id. at 36-37. Stevens told Spencer that the relationship with Stokes may be \"inappropriate\" because Stokes \"said that he . . . loved her and that she [Stevens] realized that she did love him as well insinuating possibly something more.\" Id. at p. 39. But Spencer recalled that Stevens at that point never said they had sex, describing their physical interactions as \"he gave me hugs.\" Id. at 38-39. During her cross-examination of Spencer, Stevens' attorney DeAnne Casperson confronted Spencer with evidence such as her texts depicting Stokes as manipulating Stevens. Casperson also asked Spencer to describe what she told her therapists about Stevens. Spencer refused, claiming a privilege to protect that information, and stating feel like you're trying to bully me into giving information, and have said do not want to share that unless absolutely have to. So whatever legal action needs to happen for you to, you know, get what you need to get.\" Id. at p. 218. 2/21/25, 7:11 Stevens v. Brigham Young Univ., Case No. 4:16-CV-530 | Casetext Search + Citator 6/11 Spencer testified in the evidentiary hearing that after that deposition, she felt intimidated by Casperson and felt she may need an attorney. She discussed this with Woodard and Hoskins who both recommended that she get counsel. Hoskins said he might be able to find counsel who would not charge Spencer a fee. Within a week, attorneys Jon Stenquist and Kelsie Kirkham had contacted Spencer and she had agreed to have them represent her. The Church paid their fees that amounted to about $36,000. See Hearing Testimony November 11, 2019. Spencer testified at her third deposition held on February 13, 2019, that she had no idea who was paying her legal fees. See Spencer Deposition (Dkt. No. 184-16) at p. 283. *8 But at the evidentiary hearing on November 11, 2019, Spencer was asked if she understood who paid those fees, and the gist of her response was that she understood it was either the Church or BYU-I. See Hearing Testimony November 11, 2019. 8 In addition to the Church paying for counsel for Spencer provided Spencer with grade increases in the Fall Semester of 2016 and Winter Semester 2017 changed one grade from a to an A- and then an A, and the other from a D- to an A. See Grade Transcript (Dkt. No. 165-3 also granted Spencer three deferments: first in January 2016; another on August 29, 2017 (the same date sent notice of Spencer's deposition); and a third on January 23, 2018. Id. at pp. 6, 8-9. At the evidentiary hearing, Grover Wray, a professor at BYU-I, testified that one grade change was due to his mistake and the other was due to his granting Spencer additional time to complete her assignments because she was going through a bout of depression. Wray testified that when he made these changes to Spencer's grades, he had no knowledge of Spencer's involvement in this lawsuit. Stevens offered evidence that the three deferments granted to Spencer was unusual and against policy. In addition, Spencer testified that she may have mentioned the stress she was undergoing due to the lawsuit in applying for one of the deferments 2/21/25, 7:11 Stevens v. Brigham Young Univ., Case No. 4:16-CV-530 | Casetext Search + Citator 7/11 The record in this case contains evidence that over time, Spencer changed her depiction of the Stokes/Stevens relationship. Spencer's texts, Fox's notes, and Stevens' testimony, all point to a conclusion that Spencer had been told by Stevens that Stokes was manipulating and harassing Stevens. But Spencer has denied that under oath and testified *9 instead that she was never told Stokes was harassing Stevens and in fact was ultimately told by Stevens, after Stokes' death, that the two had a \"romantic and sexual relationship.\" See Spencer Declaration, supra, at \u00b6 25. This conflict in the testimony creates a significant issue that cannot be resolved as a matter of law. 9 It is true that on this record, the change in Spencer's testimony appears to come after meeting with Woodard. But correlation is not necessarily causation. Spencer testified credibly, as discussed above, that her view of the relationship changed over time and that she ultimately concluded on her own that Stokes was not manipulating Stevens or harassing her. Woodard and Spencer both testified credibly that in their meetings prior to the first deposition in September of 2017, Woodard (and the other counsel present) did not influence Spencer's testimony or cause her to change her description of the relationship. Based on all of this, the Court cannot find counsel improperly influenced or manipulated Spencer's testimony during their meetings together. But the Court cannot so easily resolve Stevens' claim that Spencer's testimony may have been influenced by benefits she received from and the Church. While Spencer may have had a legitimate reason to obtain counsel, the payment of the legal fees for that counsel by the Church is what concerns the Court. To begin this analysis, the Court finds Spencer had a legitimate reason to obtain counsel. Stevens argues that Spencer's expressed desire for counsel is not believable because she could have briefly testified and quickly exited this highly stressful litigation without counsel. While the parties argue over whether Casperson was \"bullying\" Spencer or prying into the substance of her therapy sessions at that first deposition where *10 Spencer was unrepresented, there is no doubt that Casperson and Spencer were antagonists - Spencer had changed her story to Stevens' detriment, and 10 2/21/25, 7:11 Stevens v. Brigham Young Univ., Case No. 4:16-CV-530 | Casetext Search + Citator 8/11 Casperson's probing cross examination was highlighting those changes to undercut Spencer's credibility. Casperson was inferring through her questions that Spencer was lying. Although Casperson's questions regarding Spencer's therapy were limited to Spencer's statements regarding Stevens, it would be reasonable for Spencer to conclude that Casperson was ultimately fishing for substantive therapy information to somehow tar Spencer's credibility. At any rate, Spencer's explanation that she felt she needed counsel is not inherently unbelievable as argued by Stevens. But receiving the benefit of the payment of legal fees for that counsel is another matter altogether. And not only did Spencer received free legal counsel - worth $36,000 - paid by the Church, she also received grade changes and an unusual number of deferments provided by BYU-I. The explanation by Professor Wray of his grade changes appears to render that \"benefit\" innocuous: Wray testified credibly that he was not aware of Spencer's involvement in the lawsuit when he made those changes. However, the deferments and the legal fees were not so neatly explained. While argues that there were good reasons behind these benefits that had nothing to do with the lawsuit, Spencer herself testified that she might have applied for one deferment based on her stress from this lawsuit. Moreover, the payment of legal fees for a non-employee unrelated third party is quite unusual in the Court's experience. Spencer was well aware of these benefits and knew where they came from. During the hearing, it was explained that the Church has provided attorneys for non-employee unrelated third *11 parties in the past. However, this does little to quiet the Court's concern, since those instances arose, by and large, in circumstances like those presented here - where the Church stood to potentially benefit in litigation from the appointment of counsel for a third party witness. 11 While significant issues with the deferments and legal fees preclude any decision as a matter of law on Stevens' motion, these matters are directly relevant to Spencer's credibility. The Court will allow full inquiry by Stevens into these benefits at trial and, depending on the testimony, will consider giving a jury instruction stating that in considering the credibility of any witness, the jury may consider any benefits the jury finds were given in exchange for that testimony. The Court is aware that this will increase the 2/21/25, 7:11 Stevens v. Brigham Young Univ., Case No. 4:16-CV-530 | Casetext Search + Citator 9/11 length of trial and create a \"trial-within-a-trial\" but it is the minimum necessary to ensure a fair opportunity for Stevens to challenge Spencer's testimony. Conclusion For the reasons set forth above, the Court will deny the motion for sanctions for discovery abuse but will allow full inquiry at trial into the issues raised here and will further consider jury instructions as discussed above In accordance with the Memorandum Decision set forth above ORDERED, that the motion for sanctions for discovery abuse (docket no. 170) is without prejudice to the right of plaintiff to inquire fully at trial into the issues raised here and to request jury instructions as set forth in the Memorandum Decision. *12 12 DATED: December 3, 2019 /s/_________ B. Lynn Winmill U.S. District Court Judge About us Jobs News Twitter Facebook LinkedIn Instagram 2/21/25, 7:11 Stevens v. Brigham Young Univ., Case No. 4:16-CV-530 | Casetext Search + Citator 10/11 Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/21/25, 7:11 Stevens v. Brigham Young Univ., Case No. 4:16-CV-530 | Casetext Search + Citator 11/11", "7249_104.pdf": "From Casetext: Smarter Legal Research Stevens v. Brigham Young University-Idaho United States District Court, District of Idaho Mar 2, 2022 4:16-cv-00530 (D. Idaho Mar. 2, 2022) Copy Citation Download Check Treatment Take care of legal research in a matter of minutes with CoCounsel, your new legal assistant. Try CoCounsel free 4:16-cv-00530 03-02-2022 STEVENS, Plaintiff, v UNIVERSIT-IDAHO, dba BYU-IDAHO, Defendant Sign In Search all cases and statutes... Opinion Case details 2/21/25, 7:11 Stevens v. Brigham Young University-Idaho, 4:16-cv-00530 | Casetext Search + Citator 1/29 Plaintiff, Lori Stevens, brought this action against Defendant, Brigham Young University - Idaho (BYU-I) alleging teacher-on-student hostile environment/sexual harassment in violation of Title of the Education Amendments Act; teacher-on-student quid pro quo sexual harassment; violation of the Rehabilitation Act and Americans with Disabilities Act (Hostile Learning Environment); and violation of the Idaho Human Rights Act. These allegations arise out of an intimate sexual relationship that occurred between Stevens, a former student at BYU-I, and Stephen Stokes, a former professor for BYU-I, and the manner in which handled the situation once it learned of the Stevens-Stokes 1 relationship. Before the Court are Defendant's Motion for Summary Judgment (Dkt. 272), Defendant's Renewed Motion for Sanctions (Dkt. 278), and Plaintiff's Motion to Strike (Dkt. 282). For the reasons discussed below, the Court will grant in part and deny in part the Motion for Summary Judgment, deny the Renewed Motion for Sanctions, and grant the Motion to Strike. BACKGROUND1 1 Because this is before the Court on a motion for summary judgment, this statement of the factual background of the case is written to reflect that all evidence in the record is construed in a light most favorable to the non- moving party, who is also given the benefit of all reasonable inferences which can be drawn from that evidence. Stevens has suffered a history of abusive relationships that has caused her to have mental health issues, including severe anxiety, agoraphobia, and PTSD. In April 2014, she was finally mentally and emotionally stable enough to go back to school to earn a degree. Her counselors encouraged her to attend because they thought it would be a safe environment that would be free from abusive relationships. 2 2 is a private, four-year university affiliated with the Church of Jesus Christ of the Latter-Day Saints Church). See (last visited February 28, 2022). 2/21/25, 7:11 Stevens v. Brigham Young University-Idaho, 4:16-cv-00530 | Casetext Search + Citator 2/29 Prior to enrolling at BYU-I, Stevens met with the disability office to arrange for accommodations for her disabilities. The disability office in turn sent 2 letters to her professors regarding her needed accommodations. In June 2014, Stevens met Stephen Stokes for the first time. Stokes was a faculty member in the Sociology and Social Work Department (the Department). When Stevens stated who she was, Stokes told Stevens that he had known her father, who was deceased. Stokes invited Stevens to his office after class and told Stevens that her father had inspired him to reach out to Stevens to say hello. This was the first of many times that Stokes credited Stevens' deceased father with bringing Stevens into Stokes life. Stokes, who was well aware of Stevens' disabilities, encouraged Stevens to change her major to social work, offered to be her advisor, and helped her fill out the transfer paperwork. Stokes also began to integrate himself into Stevens' life. He mentored her in her academic program; he advised her about how to parent her children; he talked with her about her callings and her finances; he assisted her financially; he came to her home; he advocated for her at BYU-I; he obtained medication for her; and he spent time with her children. At the beginning, Stevens saw Stokes as her 3 adviser and counselor, and as a father figure. [3] [3] The Church website explains a \u201cCalling\u201d as follows: \u201c[T]he Lord calls men and women to serve in the Church . . . through inspired invitations from His servants. These opportunities to serve are known as callings.\u201d See dy/manual/general-handbook/30- callings-in-the-church?lang=eng (last visited February 28, 2022). By the fall of 2014, Stokes had placed a picture of Stevens and her deceased father on his desk. He told Stevens, that Heavenly Father put Stokes into her life for a reason, and he began texting and calling Stevens on a frequent basis. Stokes began to actively isolate Stevens from her support networks, including her church leaders and mental health counselors. Stevens stopped going to see her counselor and case manager, whom she had been seeing weekly, because Stokes told her he would act in their place. He told Stevens that he was the only one who could help her, he had been directed by God 2/21/25, 7:11 Stevens v. Brigham Young University-Idaho, 4:16-cv-00530 | Casetext Search + Citator 3/29 that he was the only one who could help her, and she could not trust anyone else. Stokes also began to physically touch Stevens, starting with hugs, then progressing to \u201cspinal touch therapy, \u201d and then to sexual touching, including putting his hand down Stevens' pants. When she jumped and started to cry, Stokes told her he wanted her to be comfortable with him touching her because masturbation would cure her anxiety. He told Stevens that she needed to start engaging in self-gratification to manage her anxiety, that he wanted to show her how to self-gratify, and placed his hands down her pants without permission and began rubbing her private area. Stevens initially responded by telling Stokes that what he was doing was not 4 okay and trying to move away. She also questioned whether this \u201ctreatment\u201d was legitimate. Stokes presented her with medical literature describing self-gratification as a legitimate medical treatment and asserted, based upon his church authority, that self-gratification was an acceptable practice for adults in the Church. Stokes' sexual contact with Stevens continued to increase from that point, and continued through June 30, 2016. Stokes would come over to Stevens' house uninvited; would take Stevens' clothes off; would engage in sexual touching with Stevens, including oral sex and masturbation; and would engage in sexual intercourse with Stevens. Stokes told Stevens that sexual intercourse was acceptable within church doctrine as long as he did not ejaculate inside of her. At one point, Stokes, who was already married to someone else, performed what he claimed was a \u201cmarriage ceremony\u201d with Stevens. He told Stevens that God had consecrated their relationship and she was his wife. Due to Stevens' history of abuse and disability, and Stokes' position of power at both and in the Church, Stevens believed what he told her. When Stevens objected to Stokes' actions, Stokes would provide examples from Church scripture of other instances where someone engaged in otherwise sinful actions that God condoned. Stokes would tell Stevens that she just needed to 5 have more faith and she would receive the same 2/21/25, 7:11 Stevens v. Brigham Young University-Idaho, 4:16-cv-00530 | Casetext Search + Citator 4/29 revelation as Stokes. Stokes also sent Stevens sexually oriented text messages to which Stevens objected. [4] [4] The Church website explains \u201cRevelation\u201d as a \u201ccommunication from God to His children. This guidance comes through various channels according to the needs and circumstances of individuals, families, and the Church as a whole. . . . Prophets are the only people who can receive revelation for the Church, but they are not the only people who can receive revelation. According to our faithfulness, we can receive revelation to help us with our specific personal needs, responsibilities, and questions and to help us strengthen our testimony.\u201d See lang=eng (last visited February 28, 2022). Much of this sexual conduct between Stokes and Stevens occurred in Stokes' office on the campus. Numerous other faculty members and staff in the Department frequently saw Stokes with Stevens. Stokes' conduct exacerbated Stevens' mental health issues. Stevens frequently ended up in the hospital for treatment of her symptoms. She began avoiding campus in order to avoid Stokes. Despite this, Stokes would still show up at her house and her children's school activities and performances. Because Stokes considered Stevens to be his \u201cwife, \u201d he referred to Stevens' children as \u201chis\u201d children. Stokes convinced Stevens that having sex with her was part of God's plan. Stokes became increasingly involved in Stevens' life. He was constantly around her and was either texting her and asking her where she was, showing up 6 where she went, or showing up at her house uninvited. He would masturbate her every time he got her alone. Stevens could not get away from him. She tried to end things with Stokes, but he would not allow it. She told him several times to leave her alone, and his response was, \u201cNever.\u201d Stevens' mental health deteriorated to the point that she felt she could not continue with things the way they were. She finally reached out to Danielle Spencer, who was, at the time, a friend of Stevens. She asked Spencer if they could talk. Spencer agreed, but explained that if Stevens told her anything that needed to be reported, she would report it. 2/21/25, 7:11 Stevens v. Brigham Young University-Idaho, 4:16-cv-00530 | Casetext Search + Citator 5/29 Stevens talked with Spencer about some of the things that were going on between Stevens and Stokes-that Stokes was calling Stevens his \u201cwife\u201d and telling her that he loved her; that he was touching and kissing her; that he was coming to her house and refusing to leave her alone; and that he was telling her that God approved of the things that he was doing with her. Stevens also told Spencer that she (Stevens) was trying to push Stokes away and trying to get him to stop, but that she was unable to do so and that she needed help. Spencer had also observed interactions between Stevens and Stokes, including Stokes' physical contact with Stevens, such as brushing Stevens' hair out of her face, touching Stevens' shoulder, and having Stevens sit on his lap. 7 On June 3, 2016, after her conservation with Stevens, Spencer spoke with Lisa Fox, a counselor at BYU-I. Spencer explained that she wanted to get advice from Fox about how to handle an ethical issue about which she had recently become aware. Spencer confided to Fox that a close friend [Stevens] had recently told Spencer that she [Stevens] had been having an emotional and physical relationship with one of their mutual professors [Stokes], who was married. Spencer explained to Fox that she had told Stevens that things between Stevens and Stokes needed to end, and that Stevens had agreed but had also explained that she had tried to end the relationship before without success. Spencer told Fox that she (Spencer) knew Stokes well and that she felt inclined to talk to him personally but wanted to run it by Fox first to get her advice. On the evening of June 3, 2016, Spencer confronted Stokes at his office. Spencer told Stokes that she knew there was something going on between him and Stevens. Stokes told Spencer that it was not for her to judge and that it was not the time for him to leave Stevens. He also told Spencer that God revealed to him that he was in the right, and that he loved Stevens. During the conversation, Stokes referred to Stevens as his wife. That same evening, Spencer sent follow-up texts to Stevens, stating: Lori love you and am trying to respect your agency do not want to be one more person in your life dictating your choices am trying to 2/21/25, 7:11 Stevens v. Brigham Young University-Idaho, 4:16-cv-00530 | Casetext Search + Citator 6/29 8 balance that respect with the obligation feel as your friend to stand up for you and let you know when someone's behavior is out of line cannot sit by as someone tries to convince you something is ok that is clearly not. He is continuing to make a choice and expect you to deal with the consequences of it am honestly concerned about what saw today. Intended or not, that was manipulation want so badly for you to be able to have someone you trust to go to, and know he is a good person, but he is not in his right mind right now. He literally thinks God wants him to cheat on his wife. I'm not sure how he can say that and be in a rational place. (Dkt. 283-11 at 3-4.) Spencer also reported the Stokes-Stevens situation to Dan Barnes, a professor and a counselor at BYU-I. On June 7, 2016, Spencer sent Barnes an email stating that a student had disclosed a romantic relationship involving a professor and requested that Barnes clarify Spencers' duty to report this relationship. Spencer explained that she was willing to report if required to do so; but, if she was not required to do so, and a different approach would help to resolve the situation, she would prefer that approach. Later that day, Spencer was able to discuss the situation with Barnes in person. Barnes told Spencer that if she did not report the situation, he would. He also asked her to confirm that she would report. The next morning, on June 8, 2016, Stevens met with Paul Roberts, the head of the Social Work Program, regarding Stokes' conduct. Spencer later joined this 9 meeting. Roberts found the report from Stevens and Spencer to be concerning and to indicate an inappropriate boundary issue that the administration needed to address. He believed the situation warranted further reporting and therefore elevated the issue to Nathan Meeker, the Chair of the Department and Stokes' and Roberts' supervisor. Stevens, Spencer, and Roberts all met with Meeker to report the Stokes- Stevens situation. During this meeting, Spencer and Stevens reported that Stokes had been kissing, touching, hugging, and rubbing Stevens; that he had 2/21/25, 7:11 Stevens v. Brigham Young University-Idaho, 4:16-cv-00530 | Casetext Search + Citator 7/29 been going to Stevens' home; that Spencer saw Stokes get into Stevens' car with her and sit on Stevens' lap; and that Stokes had said he loved Stevens. Stevens begged for help in putting up boundaries with Stokes. During this meeting, Spencer and Stevens also raised the issue of what constitutes covenant breaking. Spencer further indicated 10 during the meeting that she thought more was going on between Stevens and Stokes than was being reported by Stevens. [5] [6] [5] Spencer, Roberts, and Meeker deny that any type of sexual misconduct or other unwelcomed conduct was reported during this meeting and testified that Stevens denied any sexual conduct or a sexual relationship with Stokes. However, for purposes of summary judgment, the Court construes the facts in the light most favorable to Stevens, and does not weigh the evidence. The Court thus takes as true the version of the meeting put forward by Stevens. [6] The Church website explains covenant is a sacred agreement between God and a person or group of people.\u201d See ordinances?lang=eng (last accessed February 28, 2022). \u201cIf a person violates a covenant, whether it be of baptism, ordination, marriage or anything else, the Spirit withdraws the stamp of approval, and the blessings will not be received.\u201d See manual/eternal- marriage-student-manual/covenants-and-ordinances?lang=eng (last accessed February 28, 2022). That afternoon, after this meeting ended, Spencer emailed Barnes to let him know that she had reported the Stokes-Stevens situation to the Chair of the Department, and that the Chair was consulting with the Dean. Barnes responded, \u201cThanks for letting me know. You did the right and necessary thing by reporting this situation. The student is especially vulnerable and the situation is inappropriate at multiple levels.\u201d (Dkt. 283-17 at 2.) Also after this meeting, Roberts and Meeker met with Stokes. Stokes admitted to Roberts and Meeker that he had been in Stevens' home and was having frequent contact with her. He also described his feelings toward her as \u201clove.\u201d Meeker then met with the Dean, Steve Dennis, to discuss the Stokes-Stevens situation. However, Meeker failed to inform Dennis of multiple details 2/21/25, 7:11 Stevens v. Brigham Young University-Idaho, 4:16-cv-00530 | Casetext Search + Citator 8/29 regarding the situation, including, among other things, the incident when Stokes sat on Stevens' lap in Stevens' car, and the fact that Stokes had been going to Stevens' home. Had Dennis been informed about these additional details, he would have 11 been concerned enough to elevate the report to or Title IX. Lacking these details, Dennis decided not to elevate the report to or Title IX. Neither Roberts, Meeker, or Dennis, or anyone else at the Department or BYU-I, engaged in any further investigation regarding the Stokes-Stevens situation. The Department's only response was to send Stokes an email. The email was sent by Meeker and stated that Stokes needed to cease all non- academic interactions with Stevens, and that if Stokes made that change, there was no reason to elevate the concern above the Department level at that time. 12 [7] [7] The email stated: Thank you for meeting with me the other day regarding the complaint voiced by a social work student who had concerns about an inappropriate relationship between you and another student in the program. While the intent behind your actions were benevolent, the emotional relationship that has developed over time crosses the boundary of what an appropriate student- teacher relationship should be at BYU-I. University policy states, \"faculty members should exercise prudence in their use of all forms of communication with students, ... making certain there is an academic purpose to all interactions.\" Faculty are also encouraged to refer troubled students to the available resources on campus, \"distressed or troubled students who are experiencing prolonged sadness, confusion, stress, disorientation, or anxiety should be directed to seek help through the Counseling Center, the Health Center, the Dean of Students Office, or an ecclesiastical leader\" (Faculty Guide 3.5.1 & 3.5.6). As a result of my discussions with you, the students involved, and the College Dean am requesting the following action to minimize risk to you, the student involved, and the University. Please cease all non-academic interactions with this student and make sure that any academic discussions with this student are limited and take place in a public setting encourage you to 2/21/25, 7:11 Stevens v. Brigham Young University-Idaho, 4:16-cv-00530 | Casetext Search + Citator 9/29 (Dkt. 272-20 at 2.) direct her towards the various campus and community services, and ecclesiastical help that is available to help her meet her needs. This change will insure[sic] that University policy is being followed, will minimize risk to you, and will provide the assistance that this student needs. If this change is made see no reason why this concern needs to be elevated above the college level at this time. Thank you Steve, for your openness throughout this process. No one in the Department ever saw Stevens again after the June 8, 2016, meeting and report, nor did anyone in the Department take any action to confirm that Stokes was complying with the directive to have no further non-academic contact with Stevens. The Department also did not follow up with Stevens regarding resolution of the issue. And Stevens never returned to campus. In response to Spencer taking action to report the Stokes-Stevens situation, Stokes threatened to harm Spencer's educational opportunities. He stated that he could \u201cmake one phone call, and she'll lose her internship.\u201d (Dkt. 272-16.) Stevens saw this threat as a way in which Stokes demonstrated his power. Stevens believed that by saying that he could do that to others, such as Spencer, he was also indicating he could do the same thing to her (Stevens). Thus, Stevens was concerned about what Stokes might do to interfere with her own ability to complete her degree if she took further action against him. Stokes' sexual conduct with Stevens continued through the remainder of June 2016. On July 1, 2016, Stokes passed away due to complications that arose 13 during a medical procedure. Spencer learned of Stokes' passing when it was announced while Spencer was in a classroom on campus. After she heard the announcement, she became very upset and angry, and eventually went to talk with Karrie Tingey, who was the Department's office manager. Spencer expressed that she was angry at Roberts because he had not believed her report regarding the Stokes-Stevens relationship and did not believe Spencer when she indicated that Stevens had changed her story about what was going on. 2/21/25, 7:11 Stevens v. Brigham Young University-Idaho, 4:16-cv-00530 | Casetext Search + Citator 10/29 Spencer also told Tingey that Stokes had been calling Stevens his wife; that Stokes had been telling Stevens that God approved of the relationship between Stevens and Stokes; that Stokes sat on Stevens' lap in Stevens' vehicle; that Stokes kept a picture of Stevens in his office; and that when Spencer confronted Stokes about the relationship, Stokes told Spencer that he loved Stevens. Tingey, in turn, reported this information to two other Department professors. Barnes, a counselor with BYU-I, reached out to Stevens sometime after Stokes' passing and provided her with some limited counseling. Barnes' counseling notes state that Stevens \u201cis still working on regaining her sense of self and moving forward. Time is really helping her to better recognize and confront her worries and concerns in the romantic relationship. She is starting to gain a little 14 sense of her vulnerability as well as a better sense of [Stokes'] responsibility to manage the boundaries as teacher and therapist. She has organized messages binders that have the messages that [Stokes] has sent to her. They reveal a clear pattern of manipulation although the exact intent is difficult to read.\u201d (Dkt. 285 at 3.) Barnes also reported Stokes' sexual relationship with Stevens to administrator Wynn Hill. The Stokes-Stevens relationship was then finally reported to HR. Barnes also took it upon himself to advocate for Stevens at BYU-I-Stevens had failed both of her spring classes due to lack of attendance and was on academic suspension. It was clear that Stevens was going through a crisis and needed help. However, beyond this limited assistance from Barnes, Stevens was not provided with support from anyone at to ensure that she could continue to attend school. Stevens requested a Title investigation through her counselor. Yet, no Title investigation was initiated also refused to allow Stevens to meet the Title Coordinator, Nick Rammell, in the presence of Stevens' attorney. Further, Rammell told Stevens that he encourages parties to not report issues of sexual misconduct to the Title office and to seek help outside of because of BYU-I's failure to grant amnesty from the Honor Code. 15 2/21/25, 7:11 Stevens v. Brigham Young University-Idaho, 4:16-cv-00530 | Casetext Search + Citator 11/29 Stevens' ecclesiastical endorsement also expired during this time, and her Church leaders refused to meet with her for an endorsement on the grounds that she had pending litigation against BYU-I. The Church leaders told her that she had to instead obtain a waiver of the ecclesiastical endorsement requirement from BYU-I. However refused to waive that requirement and told her that she would need to be denied an ecclesiastical endorsement before she could be considered for a waiver. Thus, Stevens had to work through her legal counsel to arrange a meeting with her bishop to obtain an ecclesiastical endorsement. Stevens eventually returned to and completed her degree, graduating in December 2017 with her Bachelor of Science degree in Social Work. [8] [9] [8] The website explains the ecclesiastical endorsement as follows: \u201cAnnually, each [LDS] student planning on continuing at Brigham Young University-Idaho beyond the winter semester will be required to obtain a continuing [ecclesiastical] endorsement from the bishop of the ward the student resided in during the winter semester before registering for any subsequent term or semester.\u201d See archive/2002-2003/byui.edu/DeanOfSt/ecclesia.htm (last accessed February 28, 2022). [9] The Church website explains a \u201cbishop\u201d as follows bishop is a man who has been ordained and set apart as the presiding high priest for a ward, or congregation. He has overall responsibility for ministering the temporal and spiritual affairs of the congregation.\u201d See lang=eng (last accessed February 28, 2022 In this action, Stevens brings claims against for teacher-on-student hostile environment/sexual harassment in violation of Title of the Education 16 Amendments Act; teacher-on-student quid pro quo sexual harassment; violation of the Rehabilitation Act and Americans with Disabilities Act (Hostile Learning Environment); and violation of the Idaho Human Rights Act moves for summary judgment on all of Stevens' claims. 2/21/25, 7:11 Stevens v. Brigham Young University-Idaho, 4:16-cv-00530 | Casetext Search + Citator 12/29 As discussed below, the Court finds that is entitled to summary judgment on Stevens' claims under the and the Rehabilitation Act, and those claims (Count Three of the Complaint) will be dismissed. However, the Court finds that there are genuine disputes of material fact that preclude summary judgment as to Stevens' other claims. A. Summary Judgment Legal Standard \u201cThe court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.\u201d Fed.R.Civ.P. 56(a). Material facts are those that may affect the outcome of the case, and a dispute about a material fact is genuine if there is sufficient evidence for a reasonable jury to return a verdict for the non-moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248-49 (1986). In deciding whether there is a genuine dispute of material fact, the Court must view the facts in the light most favorable to the nonmoving party. Id. at 255; Devereaux v. Abbey, 263 F.3d 1070, 1074 (9th Cir. 2001) (\u201cViewing the evidence in the light most favorable to the nonmoving party, we must determine whether 17 there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law.\u201d) (citing Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000) (en banc)). The court is prohibited from weighing the evidence or resolving disputed issues in the moving party's favor. Tolan v. Cotton, 572 U.S. 650, 657 (2014). B. Title Claims Title provides: \u201cNo person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.\u201d 20 U.S.C. \u00a7 1681(a). Claims for violation of Title may be pursued under two different theories of liability-(1) as a claim that the defendant violated Title by failing to adequately respond to the plaintiff's assault (an individual claim); and (2) as a claim that the defendant maintained \u201ca general policy of deliberate indifference to reports of sexual misconduct, which heightened the risk that [the plaintiff] would be assaulted\u201d (a pre-assault claim). Karasek v. Regents of Univ. of California, 956 2/21/25, 7:11 Stevens v. Brigham Young University-Idaho, 4:16-cv-00530 | Casetext Search + Citator 13/29 Brown v. State, 23 F.4th 1173, 1179 (9th Cir. 2022) (quoting Karasek, 956 F.3d at 1105). F.3d 1093, 1099 (9th Cir. 2020). The Court will examine each of these theories of liability in turn. 1. Individual Claim To prevail on a Title individual claim, a plaintiff must establish five elements: 18 (1) \u201c[T]he school ... exercise[d] substantial control over both the harasser and the context in which the known harassment occur[red]\u201d; (2) \u201c[T]he plaintiff ... suffered harassment that is so severe, pervasive, and objectively offensive that it can be said to deprive the plaintiff of access to the educational opportunities or benefits provided by the school\u201d; (3) \u201c[A] school official with authority to address the alleged discrimination and to institute corrective measures on the [school's] behalf must have had \u2018actual knowledge' of the harassment\u201d; (4) \u201c[T]he school must have acted with \u2018deliberate indifference' to the harassment, such that the school's response to the harassment or lack thereof [was] clearly unreasonable in light of the known circumstances\u201d; and (5) \u201c[T]he school's deliberate indifference ... subject[ed the plaintiff] to harassment.\u201d For purposes of summary judgment challenges only the third and fourth elements-whether an \u201cappropriate person\u201d had actual notice; and whether acted with deliberate indifference. a. Appropriate person with actual knowledge. 2/21/25, 7:11 Stevens v. Brigham Young University-Idaho, 4:16-cv-00530 | Casetext Search + Citator 14/29 argues that Stevens has failed to put forward evidence demonstrating that an \u201cappropriate person\u201d under Title had \u201cactual knowledge\u201d of Stokes' sexual harassment of Stevens. The Court disagrees. Under Title IX, an appropriate person is \u201can official of the recipient entity with authority to take corrective action to end the discrimination.\u201d 19 Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274, 290 (1998) (\u201ca damages remedy will not lie under Title unless an official who at a minimum has authority to address the alleged discrimination and to institute corrective measures on the recipient's behalf has actual knowledge . . . . and fails adequately to respond\u201d). Here, the evidence, viewed in the light most favorable to Stevens, demonstrates that Stevens and Spencer reported the Stokes-Stevens relationship to numerous individuals employed by BYU-I, including Roberts and Meeker; and that this report included information that Stokes had been kissing, touching, hugging, and rubbing Stevens; that Stokes had been going to Stevens' home; that Stokes got into Stevens' car with her and sat on her lap; that Stokes had said he loved Stevens; and that Stevens begged for help in putting up boundaries with Stokes. Further, the evidence shows that Meeker is a supervisor of Stokes and had authority to take action to remedy Stokes' misconduct does not dispute that Meeker is an \u201cappropriate person\u201d under Title IX. [10] [10] Stevens argues that others, such as Roberts and Barnes, are \u201cappropriate persons\u201d under Title IX. The Court need not reach that issue for purposes of summary judgment because it finds that Meeker was an appropriate person and that the evidence, viewed in the light most favorable to Stevens, demonstrates that Meeker had knowledge of inappropriate physical conduct between Stokes and Stevens. Thus, viewed in the light most favorable to Stevens, the evidence shows that an \u201cappropriate person\u201d under Title received a report that inappropriate physical 20 conduct had been occurring between Stevens and Stokes, and that Stevens was asking for help to stop the conduct. This is sufficient to create a genuine issue of material fact as to whether an \u201cappropriate person\u201d had \u201cactual knowledge\u201d of the alleged sexual harassment. 2/21/25, 7:11 Stevens v. Brigham Young University-Idaho, 4:16-cv-00530 | Casetext Search + Citator 15/29 b. Deliberate Indifference For Title liability to attach, a plaintiff must demonstrate that the defendant acted with deliberate indifference to the reported harassment. Gebser, 524 U.S. at 290. Deliberate indifference occurs when the plaintiff proves the school's response was \u201cclearly unreasonable in light of the known circumstances.\u201d Oden v. N. Marianas Coll., 440 F.3d 1085, 1089 (9th Cir. 2006). To avoid liability, \u201cthe recipient must merely respond . . . in a manner that is not clearly unreasonable.\u201d Karasek, 956 F.3d at 1105. Here, the evidence, viewed in the light most favorable to Stevens, demonstrates the following: After receiving a report of inappropriate physical conduct between Stokes, a professor, and Stevens, a vulnerable student with disabilities, Meeker did not elevate the report to Title or for further investigation, or otherwise engage in further investigation. Instead, Meeker elevated the issue to Dean Dennis, but failed to report to Dennis all of the physical conduct that had been reported to Meeker by Stevens and Spencer. Further, the only action taken in response to the reported inappropriate physical and emotional 21 relationship between Stokes and Stevens was an email Meeker sent to Stokes directing Stokes to cease all non-academic interactions with Stevens and informing Stokes that the issue would not be elevated if he did so. There is no evidence that, following this email, anyone at followed up with Stevens, Stokes, or in any other manner, to confirm that Stokes was following the direction to cease all non-academic interactions with Stevens. The evidence, viewed in the light most favorable to Stevens, raises at minimum a question of fact as to deliberate indifference. This evidence includes the failure of Meeker and/or Dennis to take adequate action to remedy the inappropriate relationship between Stokes and Stevens, such as by elevating the situation for investigation or acting reasonably to prevent future harassment. Accordingly, summary judgment on the Title individual claim will be denied. 2. Title Pre-Assault Claim To prevail on a Title pre-assault claim, Stevens must demonstrate 2/21/25, 7:11 Stevens v. Brigham Young University-Idaho, 4:16-cv-00530 | Casetext Search + Citator 16/29 Karasek, 956 F.3d at 1112. (1) a school maintained a policy of deliberate indifference to reports of sexual misconduct, (2) which created a heightened risk of sexual harassment that was known or obvious (3) in a context subject to the school's control, and (4) as a result, the plaintiff suffered harassment that was so severe, pervasive, and objectively offensive that it can be said to have deprived the plaintiff of access to the educational opportunities or benefits provided by the school school need not have had actual knowledge of a specific instance of 22 sexual misconduct or responded with deliberate indifference to that misconduct before damages liability may attach.\u201d Id. Thus, \u201cwhere the official policy is one of deliberate indifference to a known overall risk of sexual harassment, notice of a particular harassment situation and an opportunity to cure it are not predicates for liability.\u201d Mansourian v. Regents of Univ. of Cal., 602 F.3d 957, 967 (9th Cir. 2010). Here, viewing the evidence in the light most favorable to Stevens, the evidence demonstrates that combined the Title office with the Honor Code office until approximately April 2016; that the two offices shared information and did not give amnesty from the Honor Code to those who reported sexual misconduct; and that this created a chilling effect for anyone to report sexual misconduct. (See Dkt. 272-23; Dkt. 272-45.) This sharing of the same office for Title and Honor Code, and the sharing of information between Title and Honor Code, created confidentiality issues and the risk of a student being accused of Honor Code violations if the student were to report sexual misconduct. The legitimacy and significance of these concerns is demonstrated in this case by, among other things, Spencer's hesitancy and failure to report her suspicion regarding Stevens and Stokes to the Title IX/Honor Code office, including that she did not want to report unless absolutely required to do so and 23 that she did not want to report because she did not want to be \u201cinterrogated.\u201d In addition, Barnes, a professor and counselor at BYU-I, admitted that the reputation of the Honor Code office was poor, and that the \u201c[g]eneral sense is that sometimes individuals who report things to the 2/21/25, 7:11 Stevens v. Brigham Young University-Idaho, 4:16-cv-00530 | Casetext Search + Citator 17/29 Honor Code office can feel like they have committed a crime just by reporting an incident by the questions that they might be asked.\u201d (Dkt. 283-4 at 24.) Further, Nick Rammell, the Title Coordinator, told Stevens that he encourages parties to seek help elsewhere because of the failure of to give amnesty from the Honor Code for reports of sexual misconduct. In addition, there is evidence that fails to adequately train its employees on Title IX; that applies its policy inconsistently in sexual misconduct cases such that victims are disregarded and offenders are protected; that claims of sexual misconduct against faculty can be decided within a department rather than by the Title or office; and that there is a general policy of victim blaming, particularly where the complaint is against faculty. (Dkt. 272-45.) This and other evidence in the record, viewed in the light most favorable to Stevens, demonstrates an official policy of deliberate indifference to a known overall risk of sexual harassment, including the risks that sexual misconduct will occur but not be reported and investigated, that those who perpetrate sexual 24 misconduct will be emboldened and victims will not report and not be protected argues, however, that Stevens' pre-assault claim fails as a matter of law because the policies she relies upon are all facially neutral and none of the policies indicate that intended to discriminate against women. For example points out that the Honor Code applies to both women and men, as does the lack of amnesty. However, the vast majority of faculty are male-at the time of the alleged misconduct at issue in this case, women made up only twenty-one percent of the full-time faculty at BYU-I, and all ten professors in the Department were male. In light of this gender disparity, and the differential treatment in sexual misconduct cases such that faculty offenders are protected and student victims are blamed, there is at minimum a question of fact as to whether policies indicate an intent to discriminate against women. Finally contends that Stevens has not submitted evidence demonstrating that its policies caused her abuse. The Court disagrees. The 2/21/25, 7:11 Stevens v. Brigham Young University-Idaho, 4:16-cv-00530 | Casetext Search + Citator 18/29 evidence, viewed in the light most favorable to Stevens, indicates that Spencer suspected that there was ongoing sexual abuse by Stokes but did not report it to Title because of the manner in which treated such reports. In an apparent attempt to avoid going to the Title IX/Honor Code office, Spencer and 25 Stevens instead reported the abuse to the Department, and Stevens asked for help in stopping the abuse. The Department then \u201chandled\u201d the situation within the Department rather than elevating the report to and to Title IX, failed to further investigate, failed to take corrective action other than sending an email to Stokes, and failed to follow up to ensure that Stokes had stopped the abuse. The abuse of Stevens thus continued. If the policies were such that students were not hesitant to report sexual misconduct to Title IX, it is possible (perhaps even likely) that Stokes would not have been emboldened to take the actions he did toward Stevens, and/or that Spencer or Stevens would have reported the situation to Title IX. Further, had investigated after receiving the report, and taken appropriate action, Stevens may have been spared both the ongoing sexual abuse and the difficulty she ultimately encountered in completing her degree. [11] [11] The evidence, viewed in the light most favorable to Stevens, indicates that the culture at and in the Department emboldened Stokes such that he put a picture of Stevens on his office desk, and openly engaged in conduct such as touching Stevens and sitting on Stevens' lap where others could observe him doing so. In sum, there are, at minimum, genuine issues of material fact that preclude summary judgment on Stevens' Title pre-assault claim. 26 3. Title Religious Exemption and the First Amendment argues that Stevens' pre-assault claim, which relates to BYU-I's Honor Code and Honor Code office, is barred both by Title IX's religious exemption and by the First Amendment's Free Exercise Clause. The Court disagrees. Title provides that it does \u201cnot apply to an educational institution which is controlled by a religious organization if the application . . . would not be 2/21/25, 7:11 Stevens v. Brigham Young University-Idaho, 4:16-cv-00530 | Casetext Search + Citator 19/29 consistent with the religious tenets of such organization.\u201d 20 U.S.C. \u00a7 1681(a)(3). Similarly, the First Amendment Free Exercise Clause provides that \u201cCongress shall make no law . . . prohibiting the free exercise\u201d of religion. U.S. Cons. Amend. 1. Here, Stevens is not arguing that cannot enforce its Honor Code or have an Honor Code office. Instead, Stevens is arguing that acted with deliberate indifference by creating a system in which victims would not report sexual assault because the Honor Code and the Title were combined into one office and information was shared between Title and Honor Code offices. This created a chilling effect on employees and students making sexual assault reports to Title for fear that they would be accused of Honor Code violations. Further, there is no evidence that combining the Title and Honor Code offices, and the sharing of information between the offices, was necessary to comply with a religious tenet; nor is there evidence that granting amnesty to those 27 reporting sexual misconduct to the Title office would violate a religious tenet. Accordingly, the Court finds that Stevens' pre-assault claim is not barred by either Title IX's religious exemption or by the First Amendment. C. Rehabilitation Act Claim[12] [12] Stevens concedes that Title of the Americans with Disabilities Act exempts religious organizations and entities controlled by religious organizations from the public accommodation requirements of Title III. Thus, Stevens claim will be dismissed Stevens alleges that violated \u00a7 504 of the Rehabilitation Act, 29 U.S.C. \u00a7 794(a), by subjecting her to a hostile educational environment seeks dismissal of this claim as a matter of law on the ground that the claim is not cognizable. The Ninth Circuit has not recognized a \u00a7 504 hostile educational environment claim. See Breyer v. Pac. Univ., No. 20-35304, 2021 3829966, at *2 (9th Cir. Aug. 27, 2021) (\u201cThe district court declined to recognize a hostile environment theory of disability discrimination under the and Rehabilitation Act]. Indeed, we have not held that such a claim is cognizable. 2/21/25, 7:11 Stevens v. Brigham Young University-Idaho, 4:16-cv-00530 | Casetext Search + Citator 20/29 But even assuming, without deciding, that such a claim is cognizable, it fails here. The record does not demonstrate that the University's actions rise to the level of severe or pervasive harassment.\u201d). Further, numerous district courts in the Ninth Circuit have declined 28 to recognize \u00a7 504 hostile educational environment claims. See, e.g., Wormuth v. Lammersville Union Sch. Dist., 305 F.Supp.3d 1108, 1127 n.5 (E.D. Cal. 2018) (\u201cThe court is unaware of any court within the Ninth Circuit recognizing such a [hostile education] claim under the or \u00a7 504 and so declines to recognize such a claim here.\u201d); Toma v. Univ. of Hawaii, 304 F.Supp.3d 956, 963 (D. Haw. 2018) (\u201cBased on the lack of controlling authority recognizing such a claim in the Ninth Circuit, the Court declines to recognize a claim for hostile educational environment in this case.\u201d); Garedakis v. Brentwood Union Sch. Dist., 183 F.Supp.3d 1032, 1046 (N.D. Cal. 2016) (\u201cThis court was unable to locate any decision by the Ninth Circuit or by any district court within the Ninth Circuit recognizing a claim of hostile educational environment under the or \u00a7 504, against a school board, and this court declines to do so.\u201d); aff'd in part and reversed in part, 756 Fed.Appx. 669, 671 (9th Cir. 2018) (\u201cAssuming without deciding that the [hostile educational environment] theory is cognizable in our circuit, that claim fails because the plaintiffs have not shown the alleged abuse was \u2018by reason of' or \u2018solely by reason of' their disabilities.\u201d); but see Duncan v. Eugene Sch. Dist. 4J, No. 6:19-CV-00065-MK, 2021 3145966, at *4 (D. Or. July 26, 2021) (allowing \u00a7 504 hostile educational environment claim to proceed). Based on the lack of Ninth Circuit or other controlling authority recognizing 29 a claim for \u00a7 504 hostile educational environment, the Court declines to recognize such a claim here and will accordingly dismiss Stevens' \u00a7 504 claim. D. Idaho Human Rights Act Claim (IHRA) Stevens brings a claim under the for gender discrimination contends that Stevens claim must be dismissed. For purposes of its motion for summary judgment does not challenge any of the elements of a cause of action. Instead relies solely on its contention that it cannot be held vicariously liable under the for 2/21/25, 7:11 Stevens v. Brigham Young University-Idaho, 4:16-cv-00530 | Casetext Search + Citator 21/29 Stokes' conduct. The Court disagrees and will thus deny summary judgment on this claim. The makes it unlawful for an \u201ceducational institution\u201d to \u201cexclude, expel, limit, or otherwise discriminate against . . . an individual enrolled as a student in the terms, conditions, and privileges of the institution, \u201d because of, or on the basis of sex. I.C. \u00a7 67-5909(7). \u201cEducational institution\u201d is, in turn, defined by the as a \u201cpublic or private institution, \u201d including a \u201ccollege, . . . or university, . . . and includes an agent of an educational institution.\u201d I.C. \u00a7 67-5902(10) (emphasis added). In an unpublished disposition, the Ninth Circuit recognized that this emphasized language-which includes \u201can agent of an educational institution\u201d within the definition of an educational institution-\u201cprovides for respondeat superior liability.\u201d Johnson v. N. Idaho Coll., 350 Fed.Appx. 110, 112 (9th Cir. 30 2009) (citing Gebser, 524 U.S. at 284). Further, the Ninth Circuit explained that \u201cthe preamble to the expresses the policy that the parallels Title VII.\u201d Id. Title uses almost identical language as that set forth in the definition of an \u201ceducational institution, \u201d and that language has been interpreted under Title to permit respondeat superior liability. Id. Thus can be held liable for Stokes' conduct based on respondeat superior liability also argues that there is no evidence that a tangible educational action occurred here and that it is thus shielded from liability for Stokes' conduct by the Ellerth-Faragher affirmative defense. Again, the Court disagrees. \u201cUnder Faragher/Ellerth, when an employee has been subjected to an unlawful \u2018tangible employment action' by a supervisor, the employer may be held liable without more; [however, ] when the employee has been unlawfully harassed, but there has been no \u2018tangible employment action,' the employer may avoid liability by proving the defense of \u2018reasonable care.' \u201d Holly D. v. California Inst. of Tech., 339 F.3d 1158, 1167 (9th Cir. 2003) (citing Burlington Industries v. Ellerth, 524 U.S. 742 (1998); Faragher v. City of Boca Raton, 524 U.S. 775 (1998)). However, where a supervisor abuses his or her supervisorial authority and succeeds in coercing an employee to engage in 2/21/25, 7:11 Stevens v. Brigham Young University-Idaho, 4:16-cv-00530 | Casetext Search + Citator 22/29 sexual acts, \u201cthe abuse of supervisorial authority results in a \u2018tangible employment action' that causes 31 significant injury to the employee involved.\u201d Under these circumstances, the Faragher/Ellerth defense is not available. Holly D, 339 F.3d at 1167. Here, Stevens claims that her submission to Stokes' sexual advances were based on his manipulation and distortion of Godly revelation, and her perception of his power and authority due to his positions in and the Church. Taken as true, this abusive manipulation and resulting submission to the sexual advances constitute \u201ctangible educational action\u201d that caused significant injury to Stevens. Thus, the Faragher/Ellerth defense is not available to BYU-I. See Holly D, 339 F.3d at 1167 Stevens moves to strike the declaration of Brock Pence, which has been submitted by in support of its renewed motion for sanctions for spoliation. Stevens argues that is attempting to use Pence as an expert witness even though he was not previously disclosed as an expert or otherwise responds that it is not seeking to use Pence as an expert but is instead submitting the 32 declaration as lay opinion testimony. Because the Court finds the Pence declaration to constitute improper lay opinion testimony, the Court will grant Stevens' motion to strike the declaration. [13] [13] The spoliation, which has been discussed extensively by the Court previously (see, e.g., Dkt. 233), relates in relevant part to an incident in which Stevens' cell phone was factory reset at an store. Stevens has stated that this reset was unintentional-that she took her phone to the store after her phone froze; that she explicitly told the employee that she could not lose the data on the phone; but that the employee performed a factory reset on the phone without Steven's knowledge or consent, and thereby deleted all data on the phone, despite Steven's instruction to the employee that she needed the data. Under Federal Rule of Evidence 701, the opinion of a witness that is not testifying as an expert may be admitted if the opinion is \u201c(a) rationally based on the witness's perception; (b) helpful to clearly understanding the witness's testimony or to determining a fact in issue; and (c) not based on 2/21/25, 7:11 Stevens v. Brigham Young University-Idaho, 4:16-cv-00530 | Casetext Search + Citator 23/29 scientific, technical, or other specialized knowledge within the scope of Rule 702.\u201d Fed.R.Evid. 701. The requirement of Rule 701(a) that a lay opinion be rationally based on the witness's \u201cperception, \u201d \u201cis the familiar requirement of first-hand knowledge or observation.\u201d Fed.R.Evid. 701, Advisory Committee's Note; see United States v. Lopez, 762 F.3d 852, 864 (9th Cir. 2014) (\u201cRule 701(a) contains a personal knowledge requirement. . . . [W]e have held that the personal knowledge requirement under Rule 602 is the same as that under Rule 701(a). . . . In presenting lay opinions, the personal knowledge requirement may be met if the witness can demonstrate firsthand knowledge or observation.\u201d). Here, the Pence declaration discusses his previous experience as a manager of Verizon stores, including the training of employees; the procedures employees were to use in dealing with customers with phone issues that may require a factory 33 reset; and steps employees were to take so \u201cno mistake could be made as to the factory resetting of a customer's phone without their knowledge or consent.\u201d (Dkt. 278-2.) As to the situation where Stevens' phone was factory reset at an store, Pence states in the declaration that he reviewed some of Steven's discovery responses, as well as two of Stevens' declarations. Pence then goes on to opine what he believes happened. Lacking from the Pence declaration is any indication that Pence has personal, first-hand knowledge of what occurred at the store when the factory reset of the cell phone occurred. Thus, there is no indication that the opinions expressed by Pence in the declaration are based on his own perception as required under Rule 701(a). The declaration is therefore inadmissible. See Fed. R. Evid. 701(a); Lopez, 762 F.3d at 864; see also Fed. R. Evid. 602 witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter.\u201d); Hirst v. Inverness Hotel Corp., 544 F.3d 221, 225 (3d Cir. 2008) (\u201cFirst, a lay opinion must be rationally based on the witness's perception and \u2018firsthand knowledge of the factual predicates that form the basis for the opinion.' \u201d) (citations omitted); United States v. Kaplan, 490 F.3d 110, 119 (2d 2/21/25, 7:11 Stevens v. Brigham Young University-Idaho, 4:16-cv-00530 | Casetext Search + Citator 24/29 Cir. 2007) (\u201cRule 701(a) requires that lay opinion 34 testimony be both (a) based on the witness's first-hand perceptions and (b) rationally derived from those first-hand perceptions.\u201d); United States v. Glenn, 312 F.3d 58, 67 (2d Cir. 2002) (\u201c[A] lay opinion must be rationally based on the perception of the witness. This requirement is the familiar requirement of firsthand knowledge or observation.\u201d). Nonetheless argues that because Pence's opinion is based on his industry experience and his review of written records disclosed in this case, it is based on his \u201cperception\u201d and is thus admissible. The Court disagrees. First, the out-of-circuit authority relied on by is not only not binding on this Court but is also inapposite. For example, in United States v. Jayyousi, 657 F.3d 1085, 1102 (11th Cir. 2011), a law enforcement agent, had been investigating a case for five years, and had \u201cread thousands of wiretap summaries plus hundreds of verbatim transcripts, as well as faxes, publications, and speeches, \u201d and \u201clistened to the intercepted calls in English and Arabic.\u201d The Eleventh Circuit found that, although the agent did not \u201cpersonally observe or participate in the defendants' conversations and based his testimony largely on documents admitted into evidence, \u201d the agent had the requisite first-hand knowledge to testify regarding the \u201cmeanings of code words that he learned through his examination of voluminous documents during a five-year investigation.\u201d Id. at 1103. The agent's \u201cfamiliarity 35 with the investigation allowed him to perceive the meaning of coded language that the jury could not have readily discerned.\u201d In United States v. STABL, Inc., 800 F.3d 476, 486 (8th Cir. 2015), the district court had admitted as lay witness opinion the testimony of an compliance officer on various topics related to EPA's investigation of the defendant and the violations at issue in the case. The plaintiff challenged the admission of that testimony, arguing that the testimony was expert testimony rather than lay testimony, and should have been excluded because the defendant had failed to disclose the officer as an expert. Thus, the issue before the Eighth Circuit was not whether the officer's testimony complied with the first-hand knowledge requirement of Rule 701, but instead whether the testimony was expert witness testimony or lay testimony. The Eighth Circuit found the testimony was \u201cproperly viewed as primarily [14] 2/21/25, 7:11 Stevens v. Brigham Young University-Idaho, 4:16-cv-00530 | Casetext Search + Citator 25/29 related to [the officer's] industry experience as an compliance officer rather than expert knowledge\u201d and thus found the testimony properly admitted under Rule 701 as lay testimony. [14] However, the personal first-hand knowledge requirement was clearly met in that case based on the officer's involvement in the investigation. Similarly, in United States v. Leo, 941 F.2d 181, 193 (3d Cir. 1991), a finance executive testified at trial regarding \u201cthe conclusions he formed while 36 investigating General Electric's purchasing department files.\u201d The Third Circuit found that the executive's opinion testimony satisfied Rule 701(a)'s requirement that lay opinion testimony be \u201crationally based on the perception of the witness.\u201d Id. Here, in contrast, we do not have a law enforcement or other witness who has gained their personal \u201cperception\u201d or first-hand knowledge of the underlying facts through their involvement in an investigation or other similar activities. Instead, we have a witness-Pence-whose sole source of knowledge regarding the underlying facts is the review of discovery responses and declarations produced in this case. The review of discovery and declarations does not provide the personal perception and first-hand knowledge required under Rules 701(a) and 602. See, e.g., United States v. Mock, 523 F.3d 1299, 1303 (11th Cir. 2008) (lay opinion testimony properly excluded where witness's testimony was not based on first-hand knowledge of underlying facts); TLT-Babcock, Inc. v. Emerson Elec. Co., 33 F.3d 397, 400 (4th Cir. 1994) (lay opinion testimony properly excluded where witness's testimony was based upon reports he received from his staff and could not have been based on his own perceptions); cf. United States v. Yannotti, 541 F.3d 112, 125-26 (2d Cir. 2008) (witness's lay opinion testimony regarding loansharking was rationally based on the witness's \u201cown perception because it derived from his direct participation in the 37 loansharking activities of the charged enterprise, not on participation in the loansharking activities of some unrelated criminal scheme\u201d). In sum, the Pence declaration fails to establish it is based on Pence's personal perception and first-hand knowledge of the underlying facts. The declaration is therefore inadmissible as lay opinion testimony.[15] 2/21/25, 7:11 Stevens v. Brigham Young University-Idaho, 4:16-cv-00530 | Casetext Search + Citator 26/29 [15] Stevens also argues that the declaration is inadmissible because it is not relevant. Because the Court finds the declaration to be improper lay opinion testimony, the Court does not reach the issue of relevance renews its motion for sanctions based on spoliation by Stevens of evidence when she selectively deleted text messages on her phone and when the factory reset of her phone deleted all remaining texts on the phone. The Court denied BYU-I's previous spoliation motion without prejudice to the right of to raise the motion again at trial. (Dkt. 233 has now renewed its motion for sanctions, not at trial, but instead in another pre-trial motion. In support of its renewed motion relies on (1) the Pence declaration, and (2) the deposition and files of DeAnne Casperson, counsel for Stevens. As discussed above, the Pence declaration is improper lay opinion testimony and will 38 accordingly be stricken. This leaves the Casperson deposition and file as support for BYU-I's renewed motion contends that Casperson's deposition testimony and file confirms that Casperson did nothing to preserve the texts and their metadata until many months after the data was irretrievably destroyed. As examples points out that Casperson never took custody of Stevens' phone or computer; never instructed Stevens to stop using her phone even though it had frozen in the past; never switched out the phone's card; never had Stevens download anything other than \u201cmanipulated\u201d screen shots; never put in place a safeguard to protect the phone's or computer's contents; and never downloaded the contents of Stevens' computer or tried to download the contents of Stevens' phone until November 2017, more than a year after Casperson was retained and eight to nine months after the store factory reset occurred. Finally argues that the destruction and manipulation of the text messages by Stevens was intentional and was for the purpose of depriving of evidence and allowing Stevens to craft a misleading narrative. 2/21/25, 7:11 Stevens v. Brigham Young University-Idaho, 4:16-cv-00530 | Casetext Search + Citator 27/29 The Court does not find the new evidence sufficient to warrant reconsideration of the Court's previous spoliation ruling. The Court recognizes that the Casperson deposition and file provides additional details regarding the factory 39 reset, the steps taken or not taken by counsel to preserve evidence, and why certain actions were or were not taken. However, none of this new information conclusively demonstrates intent or bad faith on the part of counsel or Stevens in deleting the text messages, or the timing of when the duty to preserve attached in relation to the text deletions. These are questions that must be decided by the fact finder at trial. Accordingly, the renewed motion for sanctions for spoliation will be denied without prejudice to the right of to raise the motion during trial that: 1. Defendant's Motion for Summary Judgment (Dkt. 272) is in part and in part as follows: a. The motion is as to Plaintiff's claims under the Americans with Disabilities Act and the Rehabilitation Act (Count Three). b. The motion is otherwise DENIED. 2. Defendant's Renewed Motion for Sanctions (Dkt. 278) is without prejudice to the right of to raise the motion during trial, as discussed above and in the Court's December 3, 2019, Memorandum Decision and Order (Dkt. 233). 3. Plaintiff's Motion to Strike (Dkt. 282) is GRANTED. The Declaration 40 of Brock Pence (Dkt. 278-2) is ordered STRICKEN. 41 About us 2/21/25, 7:11 Stevens v. Brigham Young University-Idaho, 4:16-cv-00530 | Casetext Search + Citator 28/29 Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/21/25, 7:11 Stevens v. Brigham Young University-Idaho, 4:16-cv-00530 | Casetext Search + Citator 29/29", "7249_105.pdf": "facts summary sources add info Positions: Bishopric professor, High priest group leader, Missionary, Scout leader, Stake high council, Temple worker, Ward mission leader, Youth leader Criminal: Never charged, Not convicted Civil: Civil case dismissed, Civil case dismissed with prejudice Victims: 1 victim Born: 1948 Died: 2016 Steve Stokes, Professor Stokes Mission: 1967-1969 United States New York Cumorah Locations: Idaho, Iowa Locations when accused: Idaho Alleged crime: 2010s, in Idaho was a Mormon church member and Brigham Young University-Idaho (BYU-I) professor; accused of sexual assault by a former student; died in 2016; in 2022, civil lawsuit against was dismissed with prejudice Help FLOODLIT.org raise awareness about sexual abuse in the Church of Jesus Christ of Latter-day Saints (LDS/Mormon). Our growing public database (over 4,000 case reports) and relentless research have helped to hold perpetrators and enablers accountable. Your donations make it possible for us to shine a bright light of support for abuse survivors everywhere. Stephen Stokes Find a name/place/keyword Database of accused \uf17e Report abuse \uf488 Contact \uf465 Donate \uf487 \ue410Donate 2/21/25, 7:11 Stephen Stokes Mormon sex abuse case 1/14 facts summary sources add info Summary Stephen Stokes was a Mormon church member and Brigham Young University-Idaho professor. He was accused in a civil lawsuit of grooming and sexually assaulting a student. He died in 2016. In December 2022, a civil lawsuit by the victim against BYU-Idaho was dismissed with prejudice is seeking more information about this case. From a news article federal judge determined this month that the six-year-old lawsuit against Brigham Young University-Idaho, revolving around allegations of sexual impropriety, must move forward female student filed the lawsuit in 2016, alleging a professor was sexually harassing and abusing her at the university. The professor, Stephen Stokes, died in July 2016 due to complications during a medical procedure, according to court documents. Stokes met the student in 2014. The woman claims teacher-on-student hostile environment/sexual harassment is a violation of Title of the Education Amendments Act. She also claimed teacher-on- student quid pro quo sexual harassment in violation of the Rehabilitation Act and Americans with Disabilities Act and in violation of the Idaho Human Rights Act. Idaho Reports does not disclose the names of potential sexual assault victims. After years of litigation asked the court in September for a summary judgment on the issue. \u201cIn short exercised reasonable care to prevent and promptly correct any potentially sexually harassing behavior and (the woman) unreasonably failed to take advantage of BYUI\u2019s preventative or corrective opportunities or otherwise avoid the harm,\u201d the filing says. The court disagreed, sharply calling BYU-I\u2019s actions potentially \u201cdeliberate indifference\u201d to victims. Allegations Donate \u00bb 2/21/25, 7:11 Stephen Stokes Mormon sex abuse case 2/14 According to a copy of U.S. District Judge B. Lynn Winmill\u2019s March 2 order, the student was reported to have \u201csuffered a history of abusive relationships that has caused her to have mental health issues, including severe anxiety, agoraphobia, and PTSD.\u201d Her counselors reportedly encouraged her to attend because they believed it would be safe. The woman met with the disability office to arrange accommodations and the office directed her to speak with her professors. She first met Stokes in June of 2014 when signing up for a class he instructed. The student alleges Stokes started as her adviser but began integrating into her life and calling and texting her frequently. She alleged Stokes began isolating her from her mental health counselors and church leaders. She accused Stokes of telling her \u201cthat he was the only one who could help her, he had been directed by God that he was the only one who could help her, and she could not trust anyone else.\u201d He began touching her, progressing to what he called \u201cspinal touch therapy,\u201d and then to sexual touching, according to court documents. Stokes allegedly went to her home uninvited, took off her clothes and touched her without her permission. Stokes allegedly told the woman \u201cthat sexual intercourse was acceptable within church doctrine as long as he did not ejaculate inside of her. At one point, Stokes, who was already married to someone else, performed what he claimed was a \u2018marriage ceremony\u2019 to the student.\u201d Some of the sexual abuse occurred in Stokes\u2019 office at the campus, according to the claims. The woman involved reportedly told her friend, Danielle Spencer, and Spencer told a counselor, Lisa Fox. Spencer also later confronted Stokes, who reportedly said he loved the alleged victim and referred to her as his \u201cwife,\u201d though he was still legally married to another woman. Spencer also told Dan Barnes, a counselor and professor at BYU-I. Eventually, Dean Steve Dennis, of the College of Education and Human Development, was notified but the concerns were not elevated to Human Resources nor a Title investigation, according to the document. Dennis said he was not aware of all the details that Nathan Meeker, the chairman of the department, knew about the harassment or abuse. The department\u2019s only response was to send Stokes an email, telling Stokes to stop all non-academic interactions with the student. The student involved never returned to campus and the department did not follow-up with her, according to the court order. 2/21/25, 7:11 Stephen Stokes Mormon sex abuse case 3/14 The alleged victim claimed Stokes threatened Spencer\u2019s educational opportunities and was concerned about what Stokes might do to interfere with her own ability to complete her degree if she took further action against him. Title and the Honor Code Barnes did reach out to the woman after she learned of Stokes\u2019 death, but she \u201cwas not provided with support from anyone at to ensure that she could continue to attend school.\u201d The woman claims she requested a Title investigation through her counselor, according to her claims, but reportedly didn\u2019t initiate one. The complaint alleges also refused to allow the woman to meet Title Coordinator Nick Rammell in the presence of her attorney. Further, Rammell allegedly told her that he encourages parties to not report issues of sexual misconduct to the Title office and to seek help outside of because of BYU-I\u2019s failure to grant amnesty from the Honor Code. BYU-I\u2019s Honor Code aligns with teachings from The Church of Jesus Christ of Latter-day Saints. It includes a statement saying students must live \u201ca chaste and virtuous life, including abstaining from any sexual relations outside a marriage between a man and a woman.\u201d Moving forward In his written order, Winmill disagreed with BYU-I\u2019s argument that the woman \u201cfailed to put forward evidence demonstrating that an \u2018appropriate person\u2019 under Title had \u2018actual knowledge\u2019 of Stokes\u2019 sexual harassment.\u201d \u201cHere, the evidence, viewed in the light most favorable to (the woman), demonstrates that (the woman) and Spencer reported the Stokes-(student) relationship to numerous individuals employed by BYU-I,\u201d Winmill wrote. \u201cFurther, the evidence shows that Meeker is a supervisor of Stokes and had authority to take action to remedy Stokes\u2019 misconduct,\u201d Winmill wrote does not dispute that Meeker is an \u2018appropriate person\u2019 under Title IX.\u201d The judge noted that with the exception of an email sent to Stokes, \u201cThere is no evidence that, following this email, anyone at followed up with (the woman), Stokes, or in any other manner, to confirm that Stokes was following the direction to cease all nonacademic interactions\u201d with the student. Winmill also took issue with the Honor Code office and Title office sharing information. \u201cIn addition, there is evidence that fails to adequately train its employees on Title IX; that applies its policy inconsistently in sexual misconduct cases such that victims are disregarded and offenders are protected; that claims of sexual misconduct against faculty can be decided within a department rather than by the Title or office; and that there is a general policy of victim blaming, particularly where the complaint is against faculty,\u201d Winmill wrote. 2/21/25, 7:11 Stephen Stokes Mormon sex abuse case 4/14 facts summary sources add info Winmill went on to say the issue \u201cdemonstrates an official policy of deliberate indifference to a known overall risk of sexual harassment, including the risks that sexual misconduct will occur but not be reported and investigated, that those who perpetrate sexual misconduct will be emboldened and victims will not report and not be protected.\u201d The court also denied BYU-I\u2019s request for dismissal of the claim made by the woman under the Idaho Human Rights Act for gender discrimination relies solely on its contention that it cannot be held vicariously liable under the for Stokes\u2019 conduct. The Court disagrees and will thus deny summary judgment on this claim.\u201d The judge did grant BYU-I\u2019s request for dismissal of the woman\u2019s claim that it created a hostile educational environment under the Rehabilitation Act also argued that the destruction and manipulation of text messages by the woman was intentional and was for the purpose of depriving of evidence and allowing her \u201cto craft a misleading narrative.\u201d The plaintiff reported that happening in an store factory reset and the court did not find the new evidence sufficient to warrant reconsideration of an evidence spoliation ruling. The next court hearing in the case is set for 1:30 p.m. March 22. Idaho Reports did email and leave a voicemail for BYU-I\u2019s media relations office seeking comment but did not receive a response by Thursday morning. Idaho Reports also left messages for the female student\u2019s attorney but did not receive a response by Thursday.\u201d Sources 1. Stephen Stokes view source details | 1 Jul 2016 | Legacy.com 2 v view source details | 2 Mar 2022 | Leagle 3. Woman suing BYU-Idaho, widow for alleged sexual assault from now-deceased professor view source details | 20 Jul 2017 | East Idaho News 4 sexual abuse Title lawsuit moves forward after 6 years view source details | 17 Mar 2022 | Idaho Capitol Sun Add information 2/21/25, 7:11 Stephen Stokes Mormon sex abuse case 5/14 Source details Stephen Stokes Publisher: Legacy.com Date: 1 Jul 2016 Archive.org Source type: Website Stephen Wayne Stokes, 67, of Rexburg, Idaho, passed away July 1, 2016, at Eastern Idaho Regional Medical Center following post surgery complications. He was born in Salmon, Idaho, on Oct. 1, 1948, to [redacted by FLOODLIT] and [redacted by FLOODLIT] Stokes. Steve graduated from Salmon High School in 1966. He attended Ricks College before serving an mission to the Cumorah, N.Y., mission from 1967 to 1969. Following his mission, he married the love of his life, [redacted by FLOODLIT], in the Idaho Falls Temple in 1971. They moved to Boise, Idaho, to attend Boise State University, and he graduated in 1973. [...] He taught high school in Leadore, Idaho, for 14 years, was athletic director, coached basketball and cross-country and taught early morning seminary. During the summers, he operated heavy equipment and drove truck. In 1976, he drove his own truck to help with the Teton Dam cleanup. [...] While in Leadore, he served on the city council and as mayor and was a volunteer EMT. In 1988, he moved [...] to Pocatello, Idaho, to earn his doctorate in political science from Idaho State University in 1990. He moved to Ottumwa, Iowa, to teach at Indian Hills Community College. Shortly after, he accepted his dream job teaching at Ricks College. He received the Master Teacher Award and served as department chair, assisting Ricks College in transitioning to Brigham Young University - Idaho. He lived in the Rexburg area the rest of his life [...]. He loved the Gospel of Jesus Christ. He served in bishoprics, on the high councils of the Salmon and Rexburg South stakes, ward mission leader presidencies, Scouts, high priest group leader and as a temple worker at the Rexburg Temple. Steve Stokes was a man that loved all and was loved by all. His sincere smile and genuine interest in others lifted and inspired everyone around him. His greatest joy in life was spending time with his family and playing with his grandkids. He also loved teaching and 2/21/25, 7:11 Stephen Stokes Mormon sex abuse case 6/14 counseling his students in academics and life. He never passed by an opportunity to help others. [...] Funeral services will be held at 11 a.m. Saturday, July 9, at Rexburg South Stake Center, 2041 W. 5200 S. view all information sources v Publisher: Leagle Date: 2 Mar 2022 Archive.org Source type: News article view all information sources Woman suing BYU-Idaho, widow for alleged sexual assault from now- deceased professor Publisher: East Idaho News Date: 20 Jul 2017 Archive.org Source type: News article view all information sources sexual abuse Title lawsuit moves forward after 6 years Publisher: Idaho Capitol Sun Date: 17 Mar 2022 2/21/25, 7:11 Stephen Stokes Mormon sex abuse case 7/14 facts summary sources add info Archive.org Source type: News article View the Mormon Sexual Abuse Map International map of locations where active members of the Church of Jesus Christ of Latter- day Saints perpetrated or allegedly perpetrated sexual abuse or other sex crimes, or where leaders failed or allegedly failed to help abuse survivors. 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7,841 | Leonard Levitt | University of Texas – El Paso | [
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] | {"7841_101.pdf": "Legal Research Law Dictionaries Law Schools Federal Judges Federal Courts Federal Contracts Search 847 F. 2d 221 - Levitt v. University of Texas at El Paso Home Federal Reporter, Second Series 847 F.2d. 847 F2d 221 Levitt v. University of Texas at El Paso 847 F.2d 221 47 Fair Empl.Prac.Cas. 90, 46 Empl. Prac. Dec 38,045, 46 Ed. Law Rep. 1128 Barbara W. LEVITT, Plaintiff-Appellant, v PASO, et al., Defendants-Appellees. No. 87-1182. United States Court of Appeals, Fifth Circuit. June 16, 1988. Rehearing Denied July 19, 1988. Elwyn Lee, Houston, Tex., for plaintiff-appellant. Barbara W. Levitt, pro se. Don Branson, Olivia B. Ruiz, Asst. Attys. Gen., Austin, Tex., for defendants-appellees. Appeal from the United States District Court for the Western District of Texas. Before BROWN, JOHNSON, and HIGGINBOTHAM, Circuit Judges R. BROWN, Circuit Judge: 1 Barbara Levitt is the widow of Dr. Leonard Levitt.1 Dr. Levitt was dismissed from employment as a tenured professor of chemistry at the University of Texas at El Paso (UTEP) for misconduct consisting of alleged advances toward one or more of his female students at the university.2 2/21/25, 7:12 847 F2d 221 Levitt v. University of Texas at El Paso | OpenJurist 1/12 2 Dr. Levitt brought suit against and two of its employees in the District Court on March 28, 1983 Levitt I. Judgment was entered in favor of and both individual defendants on July 17, 1984. 590 F.Supp. 902. We affirmed. 759 F.2d 1224 (5th Cir.1985), cert. denied, 474 U.S. 1034, 106 S.Ct. 599, 88 L.Ed.2d 578 (1985). On March 18, 1985, while his appeal from Levitt was pending, Dr. Levitt brought the instant suit Levitt against and 22 individual defendants, also arising from the termination of his employment at UTEP. The District Court granted defendants' motion to dismiss with respect to only the individual defendants on grounds of res judicata, or claim preclusion. The court later granted UTEP's motion to dismiss the case against it on grounds of collateral estoppel, or issue preclusion, in light of Hirst v. State of California, 770 F.2d 776 (9th Cir.1985). From that order, Levitt appeals. We affirm. At the Threshold 3 In February 1982, a nursing student enrolled in one of Dr. Levitt's chemistry classes complained that he had made offensive advances toward her.3 Dr. Olander4 received that complaint and--after consultation with the University president, Dr. Monroe--decided to offer Dr. Levitt the opportunity to resign. Dr. Levitt refused. The University then began formal proceedings to terminate his employment. 4 In accordance with UTEP's rules, Dr. Monroe selected a five-member tribunal of other faculty members. That tribunal held a hearing during August and September of 1982, during the course of which Dr. Levitt testified under oath that certain University administrators had brought false charges against him, and that these administrators were actually motivated by bias and prejudice against Levitt because he was Jewish. 5 The tribunal considered Dr. Levitt's testimony and all the other evidence before it, and concluded that Dr. Levitt had indeed made improper advances toward female students enrolled in his classes on several occasions. The tribunal rejected Dr. Levitt's contention and made a unanimous finding that good cause existed for the termination of his employment. In accordance with its recommendation, he was dismissed on December 3, 1982. 6 Subsequently, Dr. Levitt filed suit in the Western District of Texas on March 28, 1983 Levitt I. In his complaint-- filed with the assistance of counsel--Dr. Levitt asserted that his termination from employment at was \"contrary to law.\" The only ground upon which he based that assertion was that the procedures followed by the university deprived him of his right to due process. He pleaded a cause of action under 42 U.S.C. Secs. 1983, 1985, and 1988, and the Fourteenth Amendment. 7 Dr. Levitt claimed in Levitt that he had been denied due process in five respects: (i) he was not given adequate notice of the cause of his termination; (ii) he was denied the right to confront the witnesses against him; (iii) he was denied the opportunity to be heard; (iv) the special tribunal appointed to hear the charges and evidence against him did not give to him a statement of the reasons for termination found by the special tribunal; and (v) 2/21/25, 7:12 847 F2d 221 Levitt v. University of Texas at El Paso | OpenJurist 2/12 two members of the tribunal, Dr. Harris and Dr. Fuller, were prejudiced against him and he was thereby denied the right to a hearing before an impartial tribunal.5 On December 29, 1983, the District Court granted summary judgment with respect to the first four of these contentions.6 trial was held on the fifth claim on July 2, 1984. On that claim, judgment was entered in favor of and both Dr. Harris and Dr. Fuller, on July 17, 1984. 590 F.Supp. 902. This court affirmed. 759 F.2d 1224 (5th Cir.1985), cert. denied, 474 U.S. 1034, 106 S.Ct. 599, 88 L.Ed.2d 578 (1985). 8 While the appeal from Levitt was still pending before this court, Dr. Levitt filed the instant suit Levitt II--on March 18, 1985--under Title of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e et seq. Dr. Levitt's complaint in Levitt was filed pro se.7 Such a complaint must be read liberally. Haines v. Kerner, 404 U.S. 519, 520-21, 92 S.Ct. 594, 595-96, 30 L.Ed.2d 652, 654 (1972); Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80, 84 (1957). The District Court did so, and treated Levitt's complaint as \"an action under Title of the Civil Rights Act of 1964, 42 U.S.C. Secs. 2000e et seq., with additional claims asserted under 42 U.S.C. Secs. 1981, 1983, and 1985, and the Thirteenth and Fourteenth Amendments to the Constitution of the United States.\" However, even a liberally-construed pro se civil rights complaint must set forth facts giving rise to a claim on which relief may be granted. Bounds v. Smith, 430 U.S. 817, 825, 97 S.Ct. 1491, 1496-97, 52 L.Ed.2d 72, 81 (1977). In Levitt II, Dr. Levitt again sought review of the very same transaction, his dismissal from employment at UTEP. The particular wrong Dr. Levitt alleges in his original, unamended pro se complaint in Levitt is that he was terminated from employment with because of bias or prejudice against him because he is Jewish. Specifically, he directs the court to transactions between himself and Drs. Olander8 and Hatch.9 9 and the individual defendants moved to dismiss Levitt II, asserting that the claim of racial or religious discrimination that Dr. Levitt brought in Levitt under Title could have been brought in Levitt under 42 U.S.C. Sec. 1983. The District Court granted defendants' motion to dismiss with respect to all the individual defendants on grounds of res judicata, or claim preclusion. The court denied the motion to dismiss with respect to the Title claim against UTEP, however, because at the time that Dr. Levitt instituted Levitt II, he had not been issued a right-to-sue letter by the EEOC. Such a letter is, under 42 U.S.C. Sec. 2000e-5(f)(1), a prerequisite to bringing suit under Title VII. Dr. Levitt received that right-to-sue letter in December 1984.10 The District Court later granted UTEP's motion to dismiss the complaint against it on grounds of collateral estoppel, or issue preclusion, in light of Hirst v. State of California, 770 F.2d 776 (9th Cir.1985). 10 On appeal, Mrs. Levitt contends that (i) the District Court erred in dismissing the Title claim against in Levitt on grounds of collateral estoppel, or issue preclusion, and (ii) the District Judge should have recused himself in Levitt II.11 Recusal 11 Under 28 U.S.C. Sec. 455(a), a justice, judge, or magistrate of the United States is required to recuse himself \"in any proceeding in which his impartiality might reasonably be questioned.\" Subsection (b) of that same section further requires that he recuse himself in other specified circumstances, none of which applies in this case.12 The several circumstances which Mrs. Levitt contends triggered a duty for Judge Hudspeth to recuse himself under Sec. 455(a) are set forth in the margin.13 2/21/25, 7:12 847 F2d 221 Levitt v. University of Texas at El Paso | OpenJurist 3/12 12 In Health Services Acquisition Corp. v. Liljeberg, 796 F.2d 796, 800 (5th Cir.1986), we observed that [t]he goal of the disqualification statute is to promote public confidence in the judicial system by avoiding even the appearance of partiality. Chitimacha Tribe v. Harry L. Laws Co., 690 F.2d 1157, 1165 (5th Cir.1982), cert. denied, 464 U.S. 814, 104 S.Ct. 69, 78 L.Ed.2d 83 (1983). In particular, section 455(a) was intended to establish an objective test so that \"disqualification should follow if the reasonable man, were he to know all the circumstances, would harbor doubts about the judge's impartiality.\" Potashnick v. Port City Construction Co., 609 F.2d 1101, 1111 (5th Cir.), cert. denied, 449 U.S. 820, 101 S.Ct. 78, 66 L.Ed.2d 22 (1980). See also Hall v. Small Business Administration, 695 F.2d 175 (5th Cir.1983); United States v. Holland, 655 F.2d 44 (5th Cir.1981); Whitehurst v. Wright, 592 F.2d 834 (5th Cir.1979). The judge can himself decide whether the claim asserted is within Sec. 455. If he decides that it is, then a disinterested judge must decide what the facts are. See 13A C. Wright, A. Miller & E. Cooper, Federal Practice and Procedure Sec. 3550 (1984) and the cases cited there. 13 None of the circumstances to which Mrs. Levitt directs this court's attention rises to the threshold standard of raising a doubt in the mind of a reasonable observer as to Judge Hudspeth's impartiality. There was no duty on the judge's part to recuse himself. Title Claim 14 The District Court correctly ruled that Dr. Levitt's Title suit against was barred by issue preclusion. 15 The tribunal considered Dr. Levitt's testimony and all the other evidence before it, and concluded that Dr. Levitt had indeed made improper advances toward female students enrolled in his classes on several occasions. The tribunal rejected Dr. Levitt's contention and made a unanimous finding that good cause existed for the termination of his employment. 16 The findings of the university tribunal were not given preclusive effect in Levitt I. Under Kremer v. Chemical Construction Corp., 456 U.S. 461, 102 S.Ct. 1883, 72 L.Ed.2d 262 (1982), they could not have been given preclusive effect had Dr. Levitt brought a Title claim in Levitt I. In Kremer, the Court held that (i) preclusive effect must be given to a state court's review of a state agency's action on a job bias claim in a later action in federal court on such a claim brought under a similar federal law such as Title VII, (ii) state administrative decisions must not be given preclusive effect in a later action in federal court on a Title claim, and (iii) it is settled that federal administrative decisions by the must not be given preclusive effect in a later action in federal court on a Title claim. After Kremer, it was clear that a litigant pursuing a job bias claim was entitled to reach either a state or federal court, and could have that claim foreclosed only after receiving a full and fair opportunity to litigate that claim in either one of those fora. 17 2/21/25, 7:12 847 F2d 221 Levitt v. University of Texas at El Paso | OpenJurist 4/12 The District Court in Levitt proceeded to review de novo the tribunal's findings, which is all that Kremer entitles Dr. Levitt to receive in a Title action. In the course of that review, the Levitt trial court examined all the evidence before the university tribunal and made its own findings of fact and conclusions of law. Levitt at 904. In particular, the Levitt trial court expressly stated that it had \"reviewed the entire record of the testimony before the special hearing tribunal, and [found] it more than sufficient to support the conclusion that [Dr.] Levitt [had] made improper sexual advances toward female students enrolled in his classes on several occasions.\" Levitt at 908. The Levitt trial court thereby necessarily rejected Dr. Levitt's countervailing contentions made before the university tribunal. Its decision foreclosed Dr. Levitt from later relitigating two issues crucial to a Title claim based on his discharge from UTEP: (i) that the charges against him were not a pretext (i.e. that the real motivation for his dismissal was not bias or prejudice against him because he was Jewish),14 and (ii) that good cause existed to fire Dr. Levitt.15 18 When Levitt was brought, the findings of the university tribunal stood in a different posture. They were then reviewed state administrative findings by virtue of the Levitt proceedings. It was therefore possible to give them preclusive effect, if appropriate, because Dr. Levitt had already had the review to which he was entitled under Kremer. The District Court considered the question, and concluded that (i) the tribunal did not and could not have heard and determined a Title claim by Dr. Levitt,16 (ii) the District Court in Levitt could not have heard and determined a Title claim by Dr. Levitt at the time Levitt was filed because Dr. Levitt had not yet received the prerequisite right-to-sue letter,17 and (iii) Dr. Levitt's Title claim therefore was not barred by claim preclusion and could be brought in Levitt II. We neither approve nor disapprove that conclusion about claim preclusion. We do not reach the question because the Levitt trial court's subsequent conclusion that the Title claim was precluded by issue preclusion is correct. 19 The Kremer decision subsequently was interpreted in Hirst v. State of California, 770 F.2d 776 (9th Cir.1985) to encompass issue preclusion as well as claim preclusion.18 Hirst led the Levitt trial court to consider whether Dr. Levitt's Title claim was precluded by issue preclusion. As the District Court stated, \"[a]lthough this court has previously determined that Dr. Levitt's Title claim is not barred by the doctrine of claim preclusion (res judicata) that dismissal did not foreclose the possibility of dismissal on the basis of issue preclusion (collateral estoppel).\" The District Court then correctly concluded that the Title claim was indeed barred by issue preclusion. 20 In the course of [the] ... hearing, Dr. Levitt testified under oath that certain University administrators had brought false charges of sexual impropriety against him, and that these administrators were actually motivated by bias and prejudice against Levitt's Jewish religion.... This is the identical claim being asserted in the present Title action.... [T]he instant case should be dismissed on the basis of the doctrine of issue preclusion or collateral estoppel. 21 Once a federal court had ruled in Levitt that the charges against Dr. Levitt were not a pretext and that he had made the offensive advances of which he was accused, Dr. Levitt's full and fair opportunity to litigate those issues was over. Those rulings made success on a subsequent Title claim impossible. 22 2/21/25, 7:12 847 F2d 221 Levitt v. University of Texas at El Paso | OpenJurist 5/12 We independently examine the Levitt complaint, and find that it raises no other issue. It doesn't charge that the tribunal was biased against Dr. Levitt because he was Jewish or because of his protests.19 We further hold that there remains no right of action on any other ground against for Dr. Levitt's dismissal. So May He Rest 23 Judicial expositions of the policies underlying both claims preclusion and issue preclusion typically include the notion that parties be spared the expense and vexation of defending themselves against multiple lawsuits based upon essentially the same transaction.20 Equally typically, such expositions omit a related consideration of equal importance lawsuit generally entails considerable expense and vexation for the plaintiff as well, even though it is he who chooses to embark upon the undertaking with the knowledge that he will incur those hardships to himself. Ultimately, claims preclusion and issue preclusion operate to the plaintiff's benefit as well. When the fight is once fought hard and well but lost, further fighting harms the fighter perhaps most of all. Then comes the time to look beyond that battle to other more promising enterprises not yet concluded.21 24 Let him not boast who puts his armor on As he who puts it off, the battle done.22 25 AFFIRMED. 26 E. HIGGINBOTHAM, Circuit Judge, specially concurring: 27 concur but emphasize that the university tribunal's proceedings were reviewed by the Levitt court. The tribunal's findings are entitled to preclusive effect because they have been judicially reviewed. See Kremer, 102 S.Ct. at 1892; see also University of Tennessee v. Elliott, 478 U.S. 788, 106 S.Ct. 3220, 3225, 92 L.Ed.2d 635 (1986) (\"Congress did not intend unreviewed state proceedings to have preclusive effect on Title claims.\"). That the university proceedings were reviewed ends the matter as to Dr. Levitt's Title claim. 1 Dr. Levitt died on May 24, 1986, and Barbara Levitt was substituted for him as a party under F.R.Civ.P. 25(a)(1) on September 10, 1986. She was represented at oral argument in this case, but filed her brief pro se 2 At the time had an official, written, and internally-published policy concerning and forbidding sexual harassment which had been in place since at least June 24, 1981. That policy statement was reissued periodically, but its substance changed little if any from year to year. The version dated June 24, 1981 reads: The University of Texas at El Paso is committed to the policy of providing equal opportunity and treatment in the administration of all its educational policies and employment practices, and in the conduct of all University 2/21/25, 7:12 847 F2d 221 Levitt v. University of Texas at El Paso | OpenJurist 6/12 programs or activities, without regard to race, color, national or ethnic origin, religion, age, sex, handicap, or veteran status. Sexual harassment is a form of sex discrimination, and therefore as such, it cannot be tolerated. The University must take disciplinary action against individuals who fail to follow this policy of equal opportunity and treatment. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature have been defined to constitute sexual harassment when: 1 The submission by an employee or student to such conduct is made either explicitly or implicitly as a term or condition of employment or scholastic achievement 2 The submission to or rejection of such conduct by an employee or student is used as the basis for employment or scholastic decisions affecting that individual 3 Such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile, or offensive working or scholastic environment Complaints of sexual harassment should be made orally, or in writing, to the E.E.O. Officer, Room 211A, Administration Building ...[.] To the extent possible, information about each complaint will be kept privileged and restricted to those who need to be informed in order to achieve a timely resolution of the complaint. Harassment of any person making a discrimination complaint is illegal. The statement was signed by Dr. Haskell Monroe, the president of UTEP. 3 When the story of her complaint appeared in the student newspaper, three other former students of Dr. Levitt came forward to report that Dr. Levitt had made offensive advances toward them also 4 Olander was the Vice-President of Academic Affairs at at the time Dr. Levitt was dismissed. Olander was responsible for the department, and had received the complaint of harassment against Dr. Levitt and had initiated action. In 1981, Dr. Levitt had two disputes with Olander. The first of those concerned an internal faculty wrangle over the removal of James Zajick as Dean of the College of Science at UTEP. Olander had favored Zajick's removal. Dr. Levitt led a petition drive in support of Zajick's retention. Shortly thereafter, in April 1981, Olander had asked Dr. Levitt to resign. Dr. Levitt had refused. Soon afterward, Dr. Levitt and Olander became embroiled in a dispute over Dr. Levitt's merit pay raise eligibility rating 5 Levitt at 904 6 2/21/25, 7:12 847 F2d 221 Levitt v. University of Texas at El Paso | OpenJurist 7/12 Id 7 Dr. Levitt had been represented--or at least assisted--by H. Davidson Smith, the counsel for the American Federation of Teachers in West Texas, in Levitt I. Subsequently, Dr. Levitt was later represented by Frank Owen, both at the August 25, 1982 university tribunal hearing on the harassment allegations and for a time thereafter. Harry Tom Petersen represented Dr. Levitt for at least a portion of 1984, including an appearance for Dr. Levitt before the District Court in Levitt For most or all of 1985, Dr. Levitt again was unrepresented, during which time he brought Levitt II. John Gates made an unspecified \"brief, limited appearance\" in this case on January 3, 1986. On February 3, 1986, in response to Dr. Levitt's request, Judge Hudspeth appointed counsel for Dr. Levitt--Stewart W. Forbes and Thomas W. Brady. On February 18, 1986, Levitt filed a pro se motion to relieve Forbes and Brady and substitute other counsel, citing \"serious personality conflicts\" as the reason for the request. Judge Hudspeth allowed Forbes and Brady to withdraw, but denied the motion for appointment of substitute counsel, stating \"[i]n a letter which accompanied the motion, [Dr. Levitt] admits that he has neither met nor talked to his appointed attorneys, but is relying entirely upon matters related to him by his wife.\" John Gates subsequently took up Dr. Levitt's cause, entering his appearance with the court on April 25, 1986. After Dr. Levitt's death Mr. Gates represented Mrs. Levitt, at least until the February 13, 1987 order of dismissal at issue here. Mrs. Levitt took her appeal in this case pro se. At oral argument she was represented by Elwyn Lee, who had become her counsel on October 2, 1987. 8 See n. 4, supra 9 The former Dean of the College of Sciences at UTEP. Dr. Levitt contended that Olander was carrying on discrimination directed against Jews under policies initiated by Hatch 10 There is a factual question, identified but not expressly addressed by the Levitt court on pretrial motion, as to what day Dr. Levitt actually received the right-to-sue letter. The letter is dated December 7, 1984. Dr. Levitt asserts that he received it December 18, 1984. The precise date on which Dr. Levitt did receive the letter is important because 42 U.S.C. Sec. 2000e-5(f)(1) requires that suit on a Title claim be brought within 90 days of receiving the right-to-sue letter. The complaint in Levitt was filed on March 18, 1985, which is exactly 90 days after December 18, 1984. We do not address this question because of our holding as to issue preclusion, infra 11 Dr. Levitt did not move Judge Hudspeth to recuse himself in either Levitt or Levitt II, as he could under 28 U.S.C. Sec. 144. 28 U.S.C. Sec. 455, set forth infra, substituted for the prior notion of a duty to serve the independent duty of a federal judicial officer to recuse himself when cause to do so exists, whether or not a motion is made 12 2/21/25, 7:12 847 F2d 221 Levitt v. University of Texas at El Paso | OpenJurist 8/12 28 U.S.C. Sec. 455 provides in part: (a) Any justice, judge, or magistrate of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned. (b) He shall also disqualify himself in the following circumstances: (1) Where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding; (2) Where in private practice he served as a lawyer in the matter in controversy, or a lawyer with whom he previously practiced law served during such association as a lawyer concerning the matter, or the judge or such lawyer has been a material witness concerning it; (3) Where he has served in governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy; (4) He knows that he, individually or as a fiduciary, or his spouse or minor child residing in his household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding; (5) He or his spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person: (i) Is a party to the proceeding, or an officer, director, or trustee of a party; (ii) Is acting as a lawyer in the proceeding; (iii) Is known by the judge to have an interest that could be substantially affected by the outcome of the proceeding; (iv) Is to the judge's knowledge likely to be a material witness in the proceeding. 13 Mrs. Levitt asserts: (i) \"[T]hroughout this case ... [Judge Hudspeth's wife Vicki] was first, an undergraduate, and then most recently a graduate student at [UTEP].\" (ii) Mrs. Hudspeth was a student in the course of another professor accused of sexual harassment. Dr. Sandra Sue Sawyer was also enrolled in that course. Sawyer was an (affirmative action officer) at who was investigating the charges against that other professor. When she concluded her investigation, she dropped the course. According to Mrs. Levitt, Mrs. Hudspeth also dropped the course--specifically, that she withdrew following the normal drop period. Such a withdrawal \"usually requires permission of the professor or departmental approval.\" (iii) Judge Hudspeth received ex parte communications about the case either through his wife or from Dr. Sawyer or other representatives of UTEP. Mrs. Levitt does not elaborate as to precisely what ex parte communications 2/21/25, 7:12 847 F2d 221 Levitt v. University of Texas at El Paso | OpenJurist 9/12 she believes were made to the judge or demonstrate the basis for any knowledge on her part that such communications actually were made. She says only that \"it is thoroughly conceivable that the lower court judge himself is biased as to the facts; he may be biased against the person, or he may have personal interests or conflicts which impair his objectivity and [which] do not allow him to function as an objective source in the case at bar\" and that \"[i]t is a distinct possibility that [Judge] Hudspeth, [whose wife was] the student of [another professor accused of sexual harassment ], ... was privy to special knowledge about the activities of [that other professor] which came in the form of student rumor and innuendo relayed to him in the course of conversations with Mrs. Hudspeth\" (emphasis added). (iv) Judge Hudspeth \"received the B.A. and J.D. degrees from the University of Texas [at Austin], was President of the Ex-Students' Association of the University of Texas, [had been] a member of an El Paso law firm which did business at various times for the defendant university and in addition, the Judge, himself is a well known Christian Layman as were President Haskell Monroe of defendant university and Professor Wayne Fuller. The last two persons were named as defendants by original plaintiff in a Section 1983 action also heard by Judge Hudspeth.\" (v) Judge Hudspeth was a member of Phi Beta Kappa, and would not wish to embarrass either the national Phi Beta Kappa organization or by allowing Levitt to expose in the course of the suit what Levitt alleges was Olander's falsification of Olander's own Phi Beta Kappa credentials. (vi) Judge Hudspeth \"consider[ed] for a second time a supplemental motion to a second motion to dismiss which he had already denied without there being additional information asserted or additional law provided.\" Levitt regards the Hirst case cited as not being \"additional law\" because it \"was decided on September 3, 1985, some twelve days after the Judge's August 22, 1985 order allowing this case to stand and where the remaining defendant was [UTEP]. The Judge had notice of the decision on Hirst by way of [the slip opinion].\" (vii) \"[J]ust prior to trial [Judge Hudspeth's clerk assigned to the Levitt case made a statement] to a witness of Dr. Levitt's and in a social setting. [The clerk] made mention of the fact that the Judge was well aware of his [own] highly conservative background and was trying to be fair in the Levitt case. [The clerk's] statement indicated the possibility that the sex harassment charges so offended the Judge's conservative nature that he hated the charges and began to hate the man against whom the charges were directed\" (emphasis added). (viii) Judge Hudspeth \"assigned to [Dr. Levitt] the mutually exclusive roles of plaintiff and defendant in the matter which was before the university tribunal which was convened to terminate [Dr. Levitt's employment].\" Dr. Levitt was the accused--the defendant, if you will--at the university tribunal hearing, and subsequently was the plaintiff in the Levitt suit in which he protested the action taken at that hearing. (ix) Mrs. Levitt points to the \"Judge's choice of a law firm where one partner was Jewish and the other was of Irish National origin in response to plaintiff's request that the court appoint counsel. He did not select attorneys with a strong record in Civil Rights. Their specialty was Workmen's Compensation. He had at least ten attorneys with extensive Civil Rights practice from which to choose. His choice was dictated by the contrast drawn in one of plaintiff's briefs between the treatment of himself and [another professor accused of sexual harassment] who was Catholic. This combination of attorneys was selected for the purpose of embarassing them and with the intent of getting them into conflict with one another at the sacrifice of this case.\" (x) Finally, Mrs. Levitt points to \"the extended period of time between [Judge's] Aug. 22, 1985 Order to Dismiss and his Feb. 13, 1987 Order to Dismiss\" as \"obviously a calculated dilatory tactic on the part of the Judge to exhaust plaintiff, physically and financially.\" 14 2/21/25, 7:12 847 F2d 221 Levitt v. University of Texas at El Paso | OpenJurist 10/12 Where a penalty is imposed by an employer for a particular sort of employee misconduct, the penalty must be applied without discrimination. McDonald v. Santa Fe Trail Transportation Co., 427 U.S. 273, 283 n. 11, 96 S.Ct. 2574, 2580 n. 11, 49 L.Ed.2d 493, 502 n. 11 (1976); Sullivan v. Boorstin, 484 F.Supp. 836, 842 (D.C.D.C.1980). Mrs. Levitt asserts on this appeal that she could have shown, had Levitt gone to trial, that Dr. Levitt was treated more harshly than gentile individuals who committed the same transgressions. She discusses the case of one other professor who in the face of similar accusations was allowed quietly to resign and retire. Judge Hudspeth was entitled to consider this distinguishable from Dr. Levitt's situation since in the instance of the other professor, that professor had admitted his guilt and not contested the charges 15 It is evident that there was at least the potential for bad blood between Dr. Levitt and Olander. It is certainly plausible that Olander at some point in their disputes assumed a frame of mind in which he was willing to see Dr. Levitt fired at the earliest moment that good cause to do so existed. Insofar as the record reveals, Olander appears to have been a very strong-willed individual who did not easily tolerate criticism or dissent. Nevertheless, since good cause did exist at the time that Dr. Levitt was dismissed, any antagonism toward Dr. Levitt on Olander's part is not decisive. It could not serve to \"contaminate\" or otherwise abrogate the good cause for dismissal that did exist. Blum v. Gulf Oil Corporation, 597 F.2d 936, 937-38 (5th Cir.1979) 16 Unlike the New York State Division of Human Rights whose decisions were at issue in Kremer, the university tribunal was not a \"state agency having jurisdiction over employment discrimination complaints\" generally. Kremer, 456 U.S., at 463, 102 S.Ct. 1888, 72 L.Ed.2d 269 17 See text accompanying n. 10, supra 18 The portion of the Kremer decision which so indicates is: The petitioner ... contends that the judgment should not bar his Title action because the New York courts did not resolve the issue that the District Court must hear under Title VII--whether Kremer had suffered discriminatory treatment[.] ... Although the claims presented to the [New York state administrative agency] and subsequently reviewed by the Appellate Division [of the New York Supreme Court] were necessarily based on New York law, the alleged discriminatory acts are prohibited by both federal and state laws. The elements of a successful employment discrimination claim are virtually identical; petitioner could not succeed on a Title claim consistently with the judgment of the that there is no reason to believe he was terminated or not rehired because of national origin or religion. The Appellate Division's affirmance of the NYHRD's dismissal necessarily decided that petitioner's claim under New York law was meritless, and thus it also decided that a Title claim arising from the same events would be equally meritless. (emphasis added). 19 See n. 4, supra 2/21/25, 7:12 847 F2d 221 Levitt v. University of Texas at El Paso | OpenJurist 11/12 20 See, e.g., Montana v. United States, 440 U.S. 147, 153-154, 99 S.Ct. 970, 973, 59 L.Ed.2d 210, 217 (1979) 21 Cf. Blonder-Tongue Labs, Inc. v. University of Illinois Foundation, 402 U.S. 313, 338, 91 S.Ct. 1434, 1447, 28 L.Ed.2d 788, 805 (1971) 22 Longfellow, Morituri Salutamus, st. 9 Home Federal Reporter, Second Series 847 F.2d. Home Legal Research Law Dictionary Law Schools Federal Judges Federal Courts Terms of Use 2/21/25, 7:12 847 F2d 221 Levitt v. University of Texas at El Paso | OpenJurist 12/12", "7841_102.pdf": "Leonard Levitt, Plaintiff-appellant, v. the University of Texas at El Paso and Haskell Monroe,individually and As Representative of Utep, Etal., Defendants-appellees, 759 F.2d 1224 (5th Cir. 1982 Court of Appeals for the Fifth Circuit - 759 F.2d 1224 (5th Cir. 1982) Summary Calendar. United States Court of Appeals,Fifth Circuit. May 10, 1985. Leonard Levitt, pro se. Elwyn C. Lee, Univ. of Houston Law Center, Houston, Tex., for plaintiff-appellant. Jim Mattox, Atty. Gen., Austin, Tex., Michael H. Patterson, Asst. Atty. Gen., San Antonio, Tex., for defendants-appellees. Appeal from the United States District Court for the Western District of Texas. Before and HIGGINBOTHAM, Circuit Judges E. HIGGINBOTHAM, Circuit Judge: 2/21/25, 7:12 Leonard Levitt, Plaintiff-appellant, v. the University of Texas at El Paso and Haskell Monroe,individually and As Representative of Ut\u2026 1/13 Dr. Leonard Levitt alleges that the University of Texas at El Paso, its President, and two of its professors denied him due process of law before he was dismissed from his position as a tenured professor. Levitt had notice and a hearing before a faculty committee prior to his dismissal, but contends that his hearing did not comport with due process because the faculty committee that heard his case was tainted with the appearance of bias and because the University failed to follow its own rules in conducting the dismissal proceedings. The district court, 590 F. Supp. 902, granted summary judgment in favor of the defendants on all of Levitt's due process claims save those alleging bias, which were tried to the court. The district court dismissed this final claim after finding that there was no actual bias on the part of the faculty committee. We agree with the district court that the appearance of bias, without actual bias of the decisionmaker, does not offend due process, and that Levitt otherwise received the process due under the Fourteenth Amendment. Finding no error in the district court's decision, we affirm. * Levitt was a tenured Professor of Chemistry at the University of Texas at El Paso from 1966 until he was dismissed in December 1982 by the Board of Regents of the University of Texas System. The dismissal stemmed from complaints by Linda Scott, one of Levitt's students, that Levitt had made offensive sexual advances toward her. Three other female students made similar allegations against Levitt after Scott's charges were made public. University President Haskell Monroe learned of the harassment allegations in early 1982. Pursuant to the procedures established by the Board of Regents of the University of Texas System, President Monroe formed a faculty committee to address the possible termination of Levitt's employment in a formal hearing. Levitt was given notice of the charges that had been made against him and of the witnesses who would testify before the committee. Two alternates on the committee, Professors Fuller and Harris, replaced original panel members when Levitt's hearing was postponed due to scheduling problems of both Levitt and the University. The hearing was conducted during a total of four days in August and September of 1982. Levitt was allowed to put on witnesses to refute the sexual harassment charges, and he or his lawyer, or both, were present to cross-examine all of the University's witnesses. The faculty committee determined that good cause existed for Levitt's termination and recommended that action to the Board of Regents. The Board of Regents dismissed Levitt in December 1982, and this suit followed. 1 2/21/25, 7:12 Leonard Levitt, Plaintiff-appellant, v. the University of Texas at El Paso and Haskell Monroe,individually and As Representative of Ut\u2026 2/13 Levitt's contentions below and on appeal are two-fold. He argues that he was denied due process because Professors Fuller and Harris, both members of the faculty committee that evaluated the harassment charges, were biased, or appeared to be biased, against him. Levitt contends that the due process clause guaranteed him a hearing before a tribunal that was free of both apparent and actual bias. Levitt's second contention, somewhat related to his first, is that President Monroe, in forming the committee, failed to follow the procedures recommended by the University's Committee on Academic Rights, Privileges and Ethics. Although Levitt concedes that President Monroe formed the committee in accordance with the rules dictated by the Board of Regents for the University of Texas System, see supra n. 1, he contends that the Rules constituted a de facto faculty handbook that supplemented the Regents Rules and that the Rules should therefore have been followed. Even if the Regents Rules were controlling, Levitt contends that they were not followed in all respects. The gist of these last allegations is that any failure of the University to follow its own rules in dismissing Levitt necessarily violated his right to due process. The district court evaluated the administrative record of the proceedings surrounding Levitt's termination, including the notices sent Levitt before the hearing, the transcript of his hearing, and the committee's letter relating its findings. The court then granted summary judgment in favor of the defendants on all of Levitt's due process claims of improper proceedings in the formation of the hearing committee and in the conduct of the hearing, but ordered a bench trial on the bias allegations. Harris and Fuller, as well as President Monroe, testified at the trial and explained the incidents that Levitt alleged demonstrated their bias against him. Levitt put on three witnesses who testified in support of his bias theories. The district court accepted the defendants' testimony and concluded that despite Levitt's allegations, he had not been the victim of bias when the committee evaluated the charges brought against him, and that the evidence before the committee amply supported its recommendation that Levitt be terminated We enunciated the due process protections to which a tenured professor is entitled before he may be dismissed in Ferguson v. Thomas, 430 F.2d 852 (5th Cir. 1970). These minimum standards describe the boundaries within which the State has discretion to adopt the procedures it finds most appropriate. These include the right of a professor to: (1) be advised of the cause for his termination in sufficient detail so as to enable him to show any error that may exist; (2) be advised of the names and the nature of the testimony of the 2 3 4 2/21/25, 7:12 Leonard Levitt, Plaintiff-appellant, v. the University of Texas at El Paso and Haskell Monroe,individually and As Representative of Ut\u2026 3/13 witnesses against him; (3) a meaningful opportunity to be heard in his own defense within a reasonable time; and (4) a hearing before a tribunal that possesses some academic expertise and an apparent impartiality toward the charges. Id. at 856. We address first Levitt's claims of bias and second, his contention that the University failed to follow its own procedures in his dismissal proceeding. -1- Levitt seizes on the \"apparent impartiality\" language in the fourth requirement of Ferguson v. Thomas, and argues that the district court erred in requiring him to prove actual bias on the part of the faculty committee in order to establish a violation of due process. Even if Fuller and Harris were not actually biased against him, Levitt argues, their very presence on the committee tainted its proceedings with an appearance of bias that due process will not tolerate. We disagree. This court rejected identical assertions in Duke v. North Texas State University, 469 F.2d 829 (5th Cir. 1972), cert. denied, 412 U.S. 932, 93 S. Ct. 2760, 37 L. Ed. 2d 160 (1973), and Megill v. Board of Regents, 541 F.2d 1073 (5th Cir. 1976). As we noted in Megill: \"In Duke ... this Court refused to adopt any per se rule disqualifying administrative hearing bodies. The record must support actual partiality of the body or its individual members.\" 541 F.2d at 1079 (emphasis supplied). Levitt attempts to distinguish Duke and Megill on the ground that both involved assertions of structural bias--that is, a draw upon a pool of decisionmakers whose status presented the appearance of bias, such as university administrators chosen to resolve faculty- administration disputes--and on the ground that neither case involved a tenured professor. These distinctions are unconvincing; both Duke and Megill followed and applied the due process test set out in Ferguson and construed its bias prohibition to interdict only actual bias, not the mere appearance of bias. Accord, Hortonville Joint School Dist. No. 1 v. Hortonville Educ. Ass'n, 426 U.S. 482, 493, 96 S. Ct. 2308, 2314, 49 L. Ed. 2d 1 (1976) (no due process violation where board of education that engaged in collective bargaining with teachers made decision to fire teachers for striking in violation of state law). See also Chrysler Corp. v. Texas Motor Vehicle Com'n, 755 F.2d 1192, 1199 (5th Cir. 1985) (dealer members of Texas Motor Vehicle Commission, which resolves consumer-manufacturer disputes under the state's \"lemon law,\" did not have a sufficient stake in those disputes so as to make the Commission a biased decisionmaker forbidden by the due process clause). The district court was correct in requiring proof of actual bias. 2/21/25, 7:12 Leonard Levitt, Plaintiff-appellant, v. the University of Texas at El Paso and Haskell Monroe,individually and As Representative of Ut\u2026 4/13 After listening to the testimony of numerous witnesses, the district court reached the factual conclusion that, despite Levitt's allegations, see supra n. 2, neither defendants Fuller nor Harris, nor any committee members, were actually biased against him. That conclusion is amply supported by the evidence and is not clearly erroneous. Fed. R. Civ. P. 52(a). 2 Levitt argues alternatively that even if the procedures afforded him satisfied the minimum requirements of Ferguson v. Thomas, the University nevertheless violated his procedural and substantive due process rights because it did not follow its own regulations in dismissing him. As explained above, Levitt contends that President Monroe should have followed the Rules in forming the faculty committee that heard Levitt's case, see supra n. 3, and he challenges the district court's decision on summary judgment that the Regents Rules, rather than the Rules, governed his dismissal. In addition, Levitt argues that even if the Regents Rules were controlling, the district court erred in concluding that they were followed in all respects. His contentions reduce to an assertion that any failure of the University to follow its own rules in his dismissal proceedings necessarily denied him procedural and substantive due process. We reject that assertion. Because the notice and hearing that Levitt received comported with the due process standards of Ferguson v. Thomas, we need not decide if he raised an issue of fact as to whether or not the Rules applied, nor need we concern ourselves with whether or not the Regents Rules, if controlling, were followed in every detail. The undisputed facts and those found by the district court establish that Levitt received notice of the charges levelled against him and of the witnesses who would testify at his termination hearing, and that he was given a meaningful opportunity to contest those charges before an unbiased tribunal that was qualified to evaluate them. Even if the University failed to follow its own rules, it nevertheless gave Levitt all the process to which he was entitled under the Constitution. Otherwise stated, it matters not whether a tribunal convened under the Rules would have lacked the appearance of bias, because the Constitution guarantees Levitt only a tribunal that is not actually biased, and he was given a hearing before such a tribunal. Nor is it important whether or not Levitt received post- hearing notification of the committee's findings in a letter as detailed as that required by the Regents Rules, for Ferguson v. Thomas imposes no such requirement. Levitt's contention that his absence during two days of witness testimony denied him a meaningful opportunity to address the charges against him is the only deficiency in the University's proceedings that presents a colorable claim of a denial of due process. We agree with the district court, however, that Levitt's absence did not operate to deny him due process. As explained by the district court: 5 6 7 2/21/25, 7:12 Leonard Levitt, Plaintiff-appellant, v. the University of Texas at El Paso and Haskell Monroe,individually and As Representative of Ut\u2026 5/13 Plaintiff makes much of the fact that he was not present when some testimony was taken by the tribunal on August 25 and 26. The absence was supposedly because of a sudden exacerbation of the Plaintiff's chronic prostate condition. However, Plaintiff's employed counsel consented to the tribunal's hearing evidence in the absence of the Plaintiff, on the condition that the hearing would then be recessed until a later date to give the Plaintiff an opportunity to produce witnesses and to give his own testimony in refutation of the administration's witnesses. The tribunal agreed to the procedure suggested by the Plaintiff's own attorney. After hearing testimony on August 26, the tribunal recessed the hearing until September 9. Plaintiff was furnished with a transcript of the testimony of all witnesses who had testified in his absence, and had a full opportunity on September 9, and September 16, 1982 to rebut that testimony. Levitt relies on our statement in Ferguson that \" [w]hen published rules and regulations establish a particular statutory procedure for the termination of a teacher's employment, they may add to the constitutional minimum,\" 430 F.2d at 856, see also White v. South Park Independent School Dist., 693 F.2d 1163, 1167 n. 4 (5th Cir. 1982), and decisions from the Tenth and Ninth Circuits to the effect that violations of a university's own procedural regulations may constitute a deprivation of substantive due process. See Brenna v. Southern Colorado State College, 589 F.2d 475, 477 (10th Cir. 1978); Bignall v. North Idaho College, 538 F.2d 243, 248-49 (9th Cir. 1976). Levitt misconceives the import of our statements in Ferguson and White. There is not a violation of due process every time a university or other government entity violates its own rules. Such action may constitute a breach of contract or violation of state law, but unless the conduct trespasses on federal constitutional safeguards, there is no constitutional deprivation. Garrett v. Mathews, 625 F.2d 658, 660 (5th Cir. 1980) (\"Even if [a] university depart [s] from its own regulations, not every violation by an agency of [its own] rules rises to the level of a due process claim.\"). Accord, United States v. Caceres, 440 U.S. 741, 99 S. Ct. 1465, 59 L. Ed. 2d 733 (1979). The additions to the \"constitutional minimum\" we referred to in Ferguson arise only when the procedures promised are denied in such a manner that the constitutional minimum is itself denied or an independent constitutional deprivation is effected. For example, if a university promised its faculty that it would provide professors two opportunities to challenge decisions to terminate their employment and a professor who relied on that promise forwent the first opportunity to raise his challenge, the university could not deprive him of the second opportunity without violating due process. This would be the case even though the due process clause itself guarantees the professor only one hearing. 2/21/25, 7:12 Leonard Levitt, Plaintiff-appellant, v. the University of Texas at El Paso and Haskell Monroe,individually and As Representative of Ut\u2026 6/13 Compare Villegas v. INS, 745 F.2d 950, 951 (5th Cir. 1984) (where notice procedure afforded illegal aliens only the minimum requirements of due process, there would be a denial of due process if the failed to follow its own procedures). See also Raley v. Ohio, 360 U.S. 423, 437-38, 79 S. Ct. 1257, 1265-67, 3 L. Ed. 2d 1344 (1959) (due process precluded conviction of individuals who refused to answer questions asked by a state investigating commission which itself had erroneously provided assurances that the defendants had a privilege under state law to refuse to answer); Cox v. Louisiana, 379 U.S. 559, 569-71, 85 S. Ct. 476, 483-84, 13 L. Ed. 2d 487 (1965) (state could not punish individuals for demonstrating \"near\" a courthouse where police officials had advised the demonstrators that they could meet where they did without violating the statutory proscription against demonstrations \"near\" the courthouse). The existence of additional protections in the Rules or even the Regents Rules, beyond those required by due process, and the University's alleged failure to comply with them, did not add to the constitutional minimum here because Levitt was in fact given the process guaranteed him by the Constitution. Because he received notice and a hearing that met the standards of Ferguson v. Thomas, whether he is entitled to something more by virtue of the University's own rules is a matter of state law, not constitutional law. Clark v. Whiting, 607 F.2d 634, 644-45 (4th Cir. 1979) (alternative holding). Cf. Austin v. Board of Education, 562 F.2d 446, 452-53 (7th Cir. 1977) (compliance with state school code in dismissal of teacher did not answer teacher's assertion that he was deprived of liberty without due process of law). We recognize that the Tenth Circuit in Brenna and the Ninth Circuit in Bignall held that where a property interest is taken in accordance with constitutional procedural due process there may nevertheless be a denial of substantive due process if, in taking the property interest, the state refuses to follow additional procedural protections it has promised to afford. We decline to adopt that approach, however, for both logic and precedent counsel against our using the substantive protections of the due process clause to constitutionalize what is otherwise purely a question of state law. First, we question whether, once property has been taken in accordance with procedural due process, there is any interest left which may be denied in violation of substantive due process. In analogous contexts other courts have declined to extend the protections of substantive due process beyond those of procedural due process. See, e.g., Jeffries v. Turkey Run Consolidated School Dist., 492 F.2d 1, 3-4 (7th Cir. 1974) (Stevens, J.) (where teacher had no property interest sufficient to trigger the protections of procedural due process, it was unnecessary to determine whether school district acted arbitrarily or capriciously in dismissing teacher, for \" [c]ertainly the constitutional right to 'substantive' 2/21/25, 7:12 Leonard Levitt, Plaintiff-appellant, v. the University of Texas at El Paso and Haskell Monroe,individually and As Representative of Ut\u2026 7/13 due process is no greater than the right to procedural due process.\"); Kilcoyne v. Morgan, 664 F.2d 940, 942 (4th Cir. 1981), cert. denied, 456 U.S. 928, 102 S. Ct. 1976, 72 L. Ed. 2d 444 (1982) (same); Clark v. Whiting, 607 F.2d 634, 641-43 (4th Cir. 1979) (same); Ryan v. Aurora City Board of Education, 540 F.2d 222, 228 (6th Cir. 1976), cert. denied, 429 U.S. 1041, 97 S. Ct. 741, 50 L. Ed. 2d 753 (1977) (same). If Levitt's tenured status was revoked in accordance with procedural due process, we fail to see how the University's failure to afford him additional gratuitous procedural protections it may have promised can present anything more than questions of state law. As Justice, then Judge, Stevens explained in Jeffries, supra, \" [t]he claim that a person is entitled to substantive due process means, as we understand the concept, that state action which deprives him of life, liberty, or property must have a rational basis--that is to say, the reason for the deprivation may not be so inadequate that the judiciary will characterize it as 'arbitrary.' \" 492 F.2d at 3-4. Although any failure of a state to abide by its own rules could be said to be \"arbitrary,\" the substantive due process analysis is not triggered unless there is a property or liberty interest taken by state action. Levitt's right to continued employment as a tenured professor is unquestionably a property interest protected by the Fourteenth Amendment, but the University did not deny him that property right by failing to follow the Rules or certain aspects of the Regents Rules. All the University has deprived him of, if it has indeed failed to follow its own rules, is his right to have those particular rules followed. The latter right may be supportable by a duty found in state law, but it certainly does not rise to the level of a property or liberty interest protectable by the Constitution. Justice Stevens rejected a similar claim in Jeffries:At one point in her brief, plaintiff seems to argue that, entirely apart from her position as a teacher, as a citizen she has a \"substantive right to be free from arbitrary and capricious governmental action.\" ... She does not identify the source of any such right, but necessarily must be contending that it is an interest in \"liberty\" protected by the Fourteenth Amendment. Of course, if it were, she would be entitled to procedural due process. In practical terms if her argument were valid, every time a citizen was affected by governmental action, he would have a federal right to judicial review. In view of contemporary reluctance to embrace the concept of substantive due process, ... it would be anomalous indeed to conclude that the same element--\"freedom from arbitrariness\"--should at once entitle a person to due process and also be a part of the process which is due.... Id. at 4 n. 8. The Tenth Circuit in Brenna and the Ninth Circuit in Bignall, although recognizing that \"not every breach of contract by a state constitutes deprivation of a property interest in violation of the Due Process Clause,\" Brenna, 589 F.2d at 477, failed to distinguish fully 2/21/25, 7:12 Leonard Levitt, Plaintiff-appellant, v. the University of Texas at El Paso and Haskell Monroe,individually and As Representative of Ut\u2026 8/13 between the property interest taken from the professor and his alleged \"right\" to have the state honor each and every aspect of his contract with it. Our decision to view the University's decisions here as matters of state law rather than constitutional law is also supported by the Supreme Court's recent decision in Cleveland Board of Education v. Loudermill, --- U.S. ----, 105 S. Ct. 1487, 84 L. Ed. 2d 494 (1985). Before that decision, language in some of the Court's opinions suggested that the state could terminate a citizen's enjoyment of property rights with less process than that required by the Constitution if, in creating the property interest, the State had expressly provided procedures by which the right could be terminated. See Arnett v. Kennedy, 416 U.S. 134, 94 S. Ct. 1633, 40 L. Ed. 2d 15 (1974) (opinion of Rehnquist, J.); Bishop v. Wood, 426 U.S. 341, 347-50, 96 S. Ct. 2074, 2078-80, 48 L. Ed. 2d 684 (1976). The argument in favor of permitting the state to take such action was essentially that the state, as creator of a property right, could determine what procedures it would give before it terminated the right, and if it desired to do so, the state could require those enjoying the right to accept \"the bitter with the sweet,\" that is, less procedural protections than those afforded by the Constitution. The Court rejected that notion in Loudermill: [I]t is settled that the \"bitter with the sweet\" approach misconceives the constitutional guarantee. If a clearer holding is needed, we provide it today. The point is straightforward: the Due Process Clause provides that certain substantive rights--life, liberty, and property-- cannot be deprived except pursuant to constitutionally adequate procedures. The categories of substance and procedure are distinct. Were the rule otherwise, the Clause would be reduced to a mere tautology. \"Property\" cannot be defined by the procedures provided for its deprivation any more than can life or liberty. The right to due process \"is conferred, not by legislative grace, but by constitutional guarantee. While the legislature may elect not to confer a property interest in [public] employment, it may not constitutionally authorize the deprivation of such an interest, once conferred, without appropriate procedural safeguards.\" Arnett v. Kennedy, supra [416 U.S.], at 167 [94 S. Ct. at 1650] (Powell, J., concurring in part and concurring in result in part); see id., at 185 [94 S. Ct. at 1659] (White, J., concurring in part and dissenting in part). In short, once it is determined that the Due Process Clause applies, \"the question remains what process is due.\" Morrissey v. Brewer, 408 U.S. 471, 481 [92 S. Ct. 2593, 2600, 33 L. Ed. 2d 484] (1972). The answer to that question is not to be found in [state law]. --- U.S. at ----, 105 S. Ct. at 1493. The approach taken by the Tenth and Ninth Circuits confounds the premise of Loudermill that the Constitution, not state law, defines the minimum process due. Were we to use a 2/21/25, 7:12 Leonard Levitt, Plaintiff-appellant, v. the University of Texas at El Paso and Haskell Monroe,individually and As Representative of Ut\u2026 9/13 substantive due process theory to require a state to follow its own procedures when it offers more than the constitutional minimum we would be creating a \"sweet with the bitter\" approach that would blend constitutional protections with those offered by state law in the face of Loudermill 's plain effort to keep the two areas distinct. That is not to say that a state can never deprive its citizens of substantive due process by violating its own laws, but we reject Levitt's claim that a state's failure to follow its own rules is a per se deprivation of substantive due process The district court correctly concluded that the University of Texas at El Paso, in dismissing Levitt, afforded him all the procedural protections mandated by our decision in Ferguson v. Thomas. The Constitution did not guarantee him a decisionmaker that was free of the appearance of bias, but only one free of actual bias, and the evidence amply supports the district court's finding that the committee that recommended Levitt's dismissal was not actually biased against him. Nor are Levitt's claims that the University failed to follow its own rules when it discharged him cognizable under the Fourteenth Amendment. Because the procedures given Levitt were constitutionally adequate, any violations by the University of its own rules were at best violations only of state law. The decision of the district court is AFFIRMED. 1 As summarized by the University, the Regents Rules provide the following rights for its faculty [T]he employment of a tenured faculty member may be terminated \"only for good cause shown.\" See Handbook for Operating Procedure, Regents Rule 6.3 (1982). When the faculty member sought to be terminated for cause opposes his termination, the Rules require that the accused faculty member be informed in writing of the charges against him and that, on reasonable notice, the charges be heard by a special hearing tribunal appointed by the president of the University. Members of the special tribunal must possess academic rank at least equal to that of the accused faculty member (Regents Rule 6.33). The accused faculty member has the right to appear in person and by counsel of his choice at every hearing held by the special hearing tribunal to confront and cross-examine the witnesses against him (Regents Rule 6.331). He has the right to testify and to introduce other evidence in his own behalf (Regents Rule 6.332 stenographic or electronic record of the proceeding must be filed with the Board of Regents, and the accused faculty member has access to that record (Regents Rule 6.333). The accused may challenge the fairness or objectivity of any member of the tribunal appointed by the University president, but that 2/21/25, 7:12 Leonard Levitt, Plaintiff-appellant, v. the University of Texas at El Paso and Haskell Monroe,individually and As Representative of Ut\u2026 10/13 member has discretion whether to disqualify himself from hearing the matter (Regents Rule 6.335). The hearing tribunal is required to make written findings on the material facts and a written recommendation to the Board of Regents (Regents Rule 6.336). Before the Board of Regents acts on the recommendation of the special tribunal, it must state its decision and the reasons for it in writing and communicate it to the accused (Regents Rule 6.34). 2 Professor Harris' bias allegedly stemmed from Levitt's chairmanship of a faculty committee which, in 1966, had refused Harris' application for membership in the graduate faculty. Professor Fuller had purportedly demonstrated bias against Levitt on three occasions: first, in 1970 he served on a faculty committee that evaluated Levitt's competency; second, in 1978 or 1979 he was part of a committee that denied Levitt a research grant; and third, while serving on a faculty committee that considered Levitt's salary dispute in 1981, Fuller allegedly made statements indicating that he believed allegations that Levitt was guilty of sexual misconduct 3 The differences between the Regents Rules and the Rules that are most significant to Levitt's case are those regarding the formation of hearing tribunals to determine the merits of contested termination proceedings. Under Regents Rule 6.33 the President of the University is empowered to appoint a special hearing tribunal whose members possess academic rank at least equal to those of the accused faculty member. President Monroe used his authority under that rule to appoint his own choices to the committee that evaluated the charges against Levitt, a committee Levitt claims was biased The Rules pertinent to the formation of such tribunals are somewhat more detailed. In brief they require the following: 1 All members are to be chosen by lot 2 All members must be tenured and of a rank at least equal to the accused 3 All members may have no prior involvement with or knowledge of the issues to be considered 2/21/25, 7:12 Leonard Levitt, Plaintiff-appellant, v. the University of Texas at El Paso and Haskell Monroe,individually and As Representative of Ut\u2026 11/13 4 No member can be from the department of the accused 5 members are ineligible 6 Department Chairpersons and other administrators are ineligible Had these rules been followed, President Monroe could have exercised no discretion in selecting the hearing committee, and, presumably, the committee could not have been biased against Levitt. 4 The district court first dismissed the University as a defendant on its claim of immunity under the Eleventh Amendment. This left the claims against defendants Monroe, Harris and Fuller in their individual capacities. Levitt appeals the dismissal of the University, but we do not reach this issue because, as we shall explain, there was no due process violation here 5 After relating much of the testimony by Fuller and Harris that explained the incidents Levitt complained showed their bias, the district judge summarized his findings as follows: In the instant case, the Court finds that neither Dr. Harris nor Dr. Fuller possessed any bias or prejudice with respect to the allegations of sexual misconduct brought against the Plaintiff. Dr. Harris had demonstrated his sensitivity to the issue of bias by declining to serve on the merit pay raise committee a year earlier. The fact that he declined to recuse himself from serving on the special hearing tribunal in this case is a strong indication of his impartiality toward the particular charges at issue. He testified in the trial that he reached his verdict as a member of the special hearing tribunal solely on the evidence presented at the hearing. The Court finds his testimony in this regard to be entirely credible. The Plaintiff's evidence with regard to the alleged bias of Dr. Fuller is equally unconvincing. The Plaintiff did call a witness, Dr. Eleanor Duke, to testify that Dr. Fuller had made a statement at a meeting of the faculty committee concerning the merit pay raise which she interpreted as indicating Dr. Fuller's belief that the Plaintiff was guilty of making sexual advances toward his female students. From her testimony as a whole, however, it was obvious that Dr. Duke could not be sure whether the statement that she remembered had been made by Dr. Fuller or by one Dorothy Corona. Furthermore, James Day, another member of the 1981 committee, testified that he had attended most meetings of the 2/21/25, 7:12 Leonard Levitt, Plaintiff-appellant, v. the University of Texas at El Paso and Haskell Monroe,individually and As Representative of Ut\u2026 12/13 committee, and had no recollection of hearing Dr. Fuller make such a statement. Like Dr. Harris, Dr. Fuller testified that he had no bias with respect to the charges against the Plaintiff, and that as a member of the tribunal he found them to be true because he believed the testimony of the female witnesses. As in the case of Dr. Harris, the Court finds Dr. Fuller's testimony to be credible and accepts it as true. 6 Levitt contends that the University failed to follow the Regents Rules in two respects. First, he claims that he was denied the right to confront witnesses at the hearing, a right given him by the Regents Rules, because the University refused to halt the proceedings when he was absent for two days due to medical problems. Levitt also argues that the Regents Rules entitled him to a letter detailing the fact findings of the committee and that the letter sent him was not sufficiently specific 7 In support of his motion in opposition to the summary judgment Levitt filed three affidavits from faculty members who supported his theory that the guidelines on the selection of hearing tribunals constituted a de facto faculty handbook that supplemented the Regents Rules. Although these affidavits arguably raised an issue of fact as to whether the Rules should have been followed, that is an issue we need not decide Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 2/21/25, 7:12 Leonard Levitt, Plaintiff-appellant, v. the University of Texas at El Paso and Haskell Monroe,individually and As Representative of Ut\u2026 13/13", "7841_103.pdf": "From Casetext: Smarter Legal Research Levitt v. Univ. of Texas at El Paso United States Court of Appeals, Fifth Circuit Jul 19, 1988 847 F.2d 221 (5th Cir. 1988) Copy Citation Download Check Treatment Meet CoCounsel, pioneering that\u2019s secure, reliable, and trained for the law. Try CoCounsel free No. 87-1182. June 16, 1988. Rehearing Denied July 19, 1988. *222 222 Elwyn Lee, Houston, Tex., for plaintiff-appellant. Barbara W. Levitt, pro se. Don Branson, Olivia B. Ruiz, Asst. Attys. Gen., Austin, Tex., for defendants- appellees. Sign In Search all cases and statutes... Opinion Summaries Case details 2/21/25, 7:12 Levitt v. Univ. of Texas at El Paso, 847 F.2d 221 | Casetext Search + Citator 1/17 R. BROWN, Circuit Judge: Appeal from the United States District Court for the Western District of Texas. Before BROWN, JOHNSON, and HIGGINBOTHAM, Circuit Judges. Barbara Levitt is the widow of Dr. Leonard Levitt. Dr. Levitt was dismissed from employment as a tenured professor of chemistry at the University of Texas at El Paso (UTEP) for misconduct consisting of alleged advances toward one or more of his female students at the university. 1 2 1 Dr. Levitt died on May 24, 1986, and Barbara Levitt was substituted for him as a party under F.R.Civ.P. 25(a)(1) on September 10, 1986. She was represented at oral argument in this case, but filed her brief pro se. 2 At the time had an official, written, and internally-published policy concerning and forbidding sexual harassment which had been in place since at least June 24, 1981. That policy statement was reissued periodically, but its substance changed little if any from year to year. The version dated June 24, 1981 reads: The University of Texas at El Paso is committed to the policy of providing equal opportunity and treatment in the administration of all its educational policies and employment practices, and in the conduct of all University programs or activities, without regard to race, color, national or ethnic origin, religion, age, sex, handicap, or veteran status. Sexual harassment is a form of sex discrimination, and therefore as such, it cannot be tolerated. The University must take disciplinary action against individuals who fail to follow this policy of equal opportunity and treatment. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature have been defined to constitute sexual harassment when: 1. The submission by an employee or student to such conduct is made either explicitly or implicitly as a term or condition of employment or scholastic achievement. 2/21/25, 7:12 Levitt v. Univ. of Texas at El Paso, 847 F.2d 221 | Casetext Search + Citator 2/17 Complaints of sexual harassment should be made orally, or in writing, to the E.E.O. Officer, Room 211A, Administration Building . . .[.] To the extent possible, information about each complaint will be kept privileged and restricted to those who need to be informed in order to achieve a timely resolution of the complaint. Harassment of any person making a discrimination complaint is illegal. The statement was signed by Dr. Haskell Monroe, the president of UTEP. 2. The submission to or rejection of such conduct by an employee or student is used as the basis for employment or scholastic decisions affecting that individual. 3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile, or offensive working or scholastic environment. Dr. Levitt brought suit against and two of its employees in the District Court on March 28, 1983 Levitt I. Judgment was entered in favor of and both individual defendants on July 17, 1984. 590 F. Supp. 902. We affirmed. 759 F.2d 1224 (5th Cir. 1985), cert. denied, 474 U.S. 1034, 106 S.Ct. 599, 88 L.Ed.2d 578 (1985). On March 18, 1985, while his appeal from Levitt was pending, Dr. Levitt brought the instant suit Levitt against and 22 individual defendants, also arising from the termination of his employment at UTEP. The District Court granted defendants' *223 motion to dismiss with respect to only the individual defendants on grounds of res judicata, or claim preclusion. The court later granted UTEP's motion to dismiss the case against it on grounds of collateral estoppel, or issue preclusion, in light of Hirst v. State of California, 770 F.2d 776 (9th Cir. 1985). From that order, Levitt appeals. We affirm. 223 At the Threshold In February 1982, a nursing student enrolled in one of Dr. Levitt's chemistry classes complained that he had made offensive advances toward her. Dr. Olander received that complaint and \u2014 after consultation with the University president, Dr. Monroe \u2014 decided to offer Dr. Levitt the 3 4 2/21/25, 7:12 Levitt v. Univ. of Texas at El Paso, 847 F.2d 221 | Casetext Search + Citator 3/17 opportunity to resign. Dr. Levitt refused. The University then began formal proceedings to terminate his employment. 3 When the story of her complaint appeared in the student newspaper, three other former students of Dr. Levitt came forward to report that Dr. Levitt had made offensive advances toward them also. 4 Olander was the Vice-President of Academic Affairs at at the time Dr. Levitt was dismissed. Olander was responsible for the department, and had received the complaint of harassment against Dr. Levitt and had initiated action. In 1981, Dr. Levitt had two disputes with Olander. The first of those concerned an internal faculty wrangle over the removal of James Zajick as Dean of the College of Science at UTEP. Olander had favored Zajick's removal. Dr. Levitt led a petition drive in support of Zajick's retention. Shortly thereafter, in April 1981, Olander had asked Dr. Levitt to resign. Dr. Levitt had refused. Soon afterward, Dr. Levitt and Olander became embroiled in a dispute over Dr. Levitt's merit pay raise eligibility rating. In accordance with UTEP's rules, Dr. Monroe selected a five-member tribunal of other faculty members. That tribunal held a hearing during August and September of 1982, during the course of which Dr. Levitt testified under oath that certain University administrators had brought false charges against him, and that these administrators were actually motivated by bias and prejudice against Levitt because he was Jewish. The tribunal considered Dr. Levitt's testimony and all the other evidence before it, and concluded that Dr. Levitt had indeed made improper advances toward female students enrolled in his classes on several occasions. The tribunal rejected Dr. Levitt's contention and made a unanimous finding that good cause existed for the termination of his employment. In accordance with its recommendation, he was dismissed on December 3, 1982. Subsequently, Dr. Levitt filed suit in the Western District of Texas on March 28, 1983 Levitt I. In his complaint \u2014 filed with the assistance of counsel \u2014 Dr. Levitt asserted that his termination from employment at was \"contrary to law.\" The only ground upon which he based that assertion was that the procedures followed by the university deprived him of his right to due process. He pleaded a cause of action under 42 U.S.C. \u00a7\u00a7 1983, 1985, and 1988, and the Fourteenth Amendment. 2/21/25, 7:12 Levitt v. Univ. of Texas at El Paso, 847 F.2d 221 | Casetext Search + Citator 4/17 Dr. Levitt claimed in Levitt that he had been denied due process in five respects: (i) he was not given adequate notice of the cause of his termination; (ii) he was denied the right to confront the witnesses against him; (iii) he was denied the opportunity to be heard; (iv) the special tribunal appointed to hear the charges and evidence against him did not give to him a statement of the reasons for termination found by the special tribunal; and (v) two members of the tribunal, Dr. Harris and Dr. Fuller, were prejudiced against him and he was thereby denied the right to a hearing before an impartial tribunal. On December 29, 1983, the District Court granted summary judgment with respect to the first four of these contentions trial was held on the fifth claim on July 2, 1984. On that claim, judgment was entered in favor of and both Dr. Harris and Dr. Fuller, on July 17, 1984. 590 F. Supp. 902. This court affirmed. 759 F.2d 1224 (5th Cir. 1985), cert. denied, 474 U.S. 1034, 106 S.Ct. 599, 88 L.Ed.2d 578 (1985). *224 5 6 224 5 Levitt at 904. 6 Id. While the appeal from Levitt was still pending before this court, Dr. Levitt filed the instant suit Levitt \u2014 on March 18, 1985 \u2014 under Title of the Civil Rights Act of 1964, 42 U.S.C. \u00a7 2000e et seq. Dr. Levitt's complaint in Levitt was filed pro se. Such a complaint must be read liberally. Haines v. Kerner, 404 U.S. 519, 520-21, 92 S.Ct. 594, 595-96, 30 L.Ed.2d 652, 654 (1972); Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80, 84 (1957). The District Court did so, and treated Levitt's complaint as \"an action under Title of the Civil Rights Act of 1964, 42 U.S.C. \u00a7\u00a7 2000e et seq., with additional claims asserted under 42 U.S.C. \u00a7\u00a7 1981, 1983, and 1985, and the Thirteenth and Fourteenth Amendments to the Constitution of the United States.\" However, even a liberally-construed pro se civil rights complaint must set forth facts giving rise to a claim on which relief may be granted. Bounds v. Smith, 430 U.S. 817, 825, 97 S.Ct. 1491, 1496-97, 52 L.Ed.2d 72, 81 (1977). In Levitt II, Dr. Levitt again sought review of the very same transaction, his dismissal from employment at UTEP. The particular wrong Dr. Levitt alleges in his original, unamended pro se complaint in Levitt is that he was terminated from employment with because of bias or 7 2/21/25, 7:12 Levitt v. Univ. of Texas at El Paso, 847 F.2d 221 | Casetext Search + Citator 5/17 prejudice against him because he is Jewish. Specifically, he directs the court to transactions between himself and Drs. Olander and Hatch. 8 9 7 Dr. Levitt had been represented \u2014 or at least assisted \u2014 by H. Davidson Smith, the counsel for the American Federation of Teachers in West Texas, in Levitt I. Subsequently, Dr. Levitt was later represented by Frank Owen, both at the August 25, 1982 university tribunal hearing on the harassment allegations and for a time thereafter. Harry Tom Petersen represented Dr. Levitt for at least a portion of 1984, including an appearance for Dr. Levitt before the District Court in Levitt I. For most or all of 1985, Dr. Levitt again was unrepresented, during which time he brought Levitt II. John Gates made an unspecified \"brief, limited appearance\" in this case on January 3, 1986. On February 3, 1986, in response to Dr. Levitt's request, Judge Hudspeth appointed counsel for Dr. Levitt \u2014 Stewart W. Forbes and Thomas W. Brady. On February 18, 1986, Levitt filed a pro se motion to relieve Forbes and Brady and substitute other counsel, citing \"serious personality conflicts\" as the reason for the request. Judge Hudspeth allowed Forbes and Brady to withdraw, but denied the motion for appointment of substitute counsel, stating \"[i]n a letter which accompanied the motion, [Dr. Levitt] admits that he has neither met nor talked to his appointed attorneys, but is relying entirely upon matters related to him by his wife.\" John Gates subsequently took up Dr. Levitt's cause, entering his appearance with the court on April 25, 1986. After Dr. Levitt's death Mr. Gates represented Mrs. Levitt, at least until the February 13, 1987 order of dismissal at issue here. Mrs. Levitt took her appeal in this case pro se. At oral argument she was represented by Elwyn Lee, who had become her counsel on October 2, 1987. 8 See n. 4, supra. 9 The former Dean of the College of Sciences at UTEP. Dr. Levitt contended that Olander was carrying on discrimination directed against Jews under policies initiated by Hatch and the individual defendants moved to dismiss Levitt II, asserting that the claim of racial or religious discrimination that Dr. Levitt brought in Levitt under Title could have been brought in Levitt under 42 U.S.C. \u00a7 1983. The District Court granted defendants' motion to dismiss with respect to all the individual defendants on grounds of res judicata, or claim preclusion. The court denied the motion to dismiss with respect to the Title 2/21/25, 7:12 Levitt v. Univ. of Texas at El Paso, 847 F.2d 221 | Casetext Search + Citator 6/17 claim against UTEP, however, because at the time that Dr. Levitt instituted Levitt II, he had not been issued a right-to-sue letter by the EEOC. Such a letter is, under 42 U.S.C. \u00a7 2000e-5(f)(1), a prerequisite to bringing suit under Title VII. Dr. Levitt received that right-to-sue letter in December 1984. The District Court later granted *225 UTEP's motion to dismiss the complaint against it on grounds of collateral estoppel, or issue preclusion, in light of Hirst v. State of California, 770 F.2d 776 (9th Cir. 1985). 10 225 10 There is a factual question, identified but not expressly addressed by the Levitt court on pretrial motion, as to what day Dr. Levitt actually received the right-to-sue letter. The letter is dated December 7, 1984. Dr. Levitt asserts that he received it December 18, 1984. The precise date on which Dr. Levitt did receive the letter is important because 42 U.S.C. \u00a7 2000e-5(f)(1) requires that suit on a Title claim be brought within 90 days of receiving the right-to-sue letter. The complaint in Levitt was filed on March 18, 1985, which is exactly 90 days after December 18, 1984. We do not address this question because of our holding as to issue preclusion, infra. On appeal, Mrs. Levitt contends that (i) the District Court erred in dismissing the Title claim against in Levitt on grounds of collateral estoppel, or issue preclusion, and (ii) the District Judge should have recused himself in Levitt II. 11 11 Dr. Levitt did not move Judge Hudspeth to recuse himself in either Levitt or Levitt II, as he could under 28 U.S.C. \u00a7 144. 28 U.S.C. \u00a7 455, set forth infra, substituted for the prior notion of a duty to serve the independent duty of a federal judicial officer to recuse himself when cause to do so exists, whether or not a motion is made. Recusal Under 28 U.S.C. \u00a7 455(a), a justice, judge, or magistrate of the United States is required to recuse himself \"in any proceeding in which his impartiality might reasonably be questioned.\" Subsection (b) of that same section further requires that he recuse himself in other specified circumstances, none of which applies in this case. The several circumstances which Mrs. Levitt contends triggered a duty for Judge Hudspeth to recuse himself under \u00a7 455(a) are set forth in the margin. *226 12 13 226 2/21/25, 7:12 Levitt v. Univ. of Texas at El Paso, 847 F.2d 221 | Casetext Search + Citator 7/17 12 28 U.S.C. \u00a7 455 provides in part: (a) Any justice, judge, or magistrate of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned. (b) He shall also disqualify himself in the following circumstances: (1) Where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding; (2) Where in private practice he served as a lawyer in the matter in controversy, or a lawyer with whom he previously practiced law served during such association as a lawyer concerning the matter, or the judge or such lawyer has been a material witness concerning it; (3) Where he has served in governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy; (4) He knows that he, individually or as a fiduciary, or his spouse or minor child residing in his household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding; (5) He or his spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person: (i) Is a party to the proceeding, or an officer, director, or trustee of a party; 2/21/25, 7:12 Levitt v. Univ. of Texas at El Paso, 847 F.2d 221 | Casetext Search + Citator 8/17 (ii) Is acting as a lawyer in the proceeding; (iii) Is known by the judge to have an interest that could be substantially affected by the outcome of the proceeding; (iv) Is to the judge's knowledge likely to be a material witness in the proceeding. 13 Mrs. Levitt asserts: (i) \"[T]hroughout this case . . . [Judge Hudspeth's wife Vicki] was first, an undergraduate, and then most recently a graduate student at [UTEP].\" (ii) Mrs. Hudspeth was a student in the course of another professor accused of sexual harassment. Dr. Sandra Sue Sawyer was also enrolled in that course. Sawyer was an (affirmative action officer) at who was investigating the charges against that other professor. When she concluded her investigation, she dropped the course. According to Mrs. Levitt, Mrs. Hudspeth also dropped the course \u2014 specifically, that she withdrew following the normal drop period. Such a withdrawal \"usually requires permission of the professor or departmental approval.\" (iii) Judge Hudspeth received ex parte communications about the case either through his wife or from Dr. Sawyer or other representatives of UTEP. Mrs. Levitt does not elaborate as to precisely what ex parte communications she believes were made to the judge or demonstrate the basis for any knowledge on her part that such communications actually were made. She says only that \"it is thoroughly conceivable that the lower court judge himself is biased as to the facts; he may be biased against the person, or he may have personal interests or conflicts which impair his objectivity and [which] do not allow him to function as an objective source in the case at bar\" and that \"[i]t is a distinct possibility that [Judge] Hudspeth, [whose wife was] the student of [another professor accused of sexual harrassment], . . . was privy to special knowledge about the activities of [that other 2/21/25, 7:12 Levitt v. Univ. of Texas at El Paso, 847 F.2d 221 | Casetext Search + Citator 9/17 professor] which came in the form of student rumor and innuendo relayed to him in the course of conversations with Mrs. Hudspeth\" (emphasis added). (iv) Judge Hudspeth \"received the B.A. and J.D. degrees from the University of Texas [at Austin], was President of the Ex-Students' Association of the University of Texas, [had been] a member of an El Paso law firm which did business at various times for the defendant university and in addition, the Judge, himself is a well known Christian Layman as were President Haskell Monroe of defendant university and Professor Wayne Fuller. The last two persons were named as defendants by original plaintiff in a Section 1983 action also heard by Judge Hudspeth.\" (v) Judge Hudspeth was a member of Phi Beta Kappa, and would not wish to embarrass either the national Phi Beta Kappa organization or by allowing Levitt to expose in the course of the suit what Levitt alleges was Olander's falsification of Olander's own Phi Beta Kappa credentials. (vi) Judge Hudspeth \"consider[ed] for a second time a supplemental motion to a second motion to dismiss which he had already denied without there being additional information asserted or additional law provided.\" Levitt regards the Hirst case cited as not being \"additional law\" because it \"was decided on September 3, 1985, some twelve days after the Judge's August 22, 1985 order allowing this case to stand and where the remaining defendant was [UTEP]. The Judge had notice of the decision on Hirst by way of [the slip opinion].\" (vii) \"[J]ust prior to trial [Judge Hudspeth's clerk assigned to the Levitt case made a statement] to a witness of Dr. Levitt's and in a social setting. [The clerk] made mention of the fact that the Judge was well aware of his [own] highly conservative background and was trying to be fair in the Levitt case. [The clerk's] statement indicated the possibility that the sex harassment charges so offended the Judge's conservative nature 2/21/25, 7:12 Levitt v. Univ. of Texas at El Paso, 847 F.2d 221 | Casetext Search + Citator 10/17 that he hated the charges and began to hate the man against whom the charges were directed\" (emphasis added). (viii) Judge Hudspeth \"assigned to [Dr. Levitt] the mutually exclusive roles of plaintiff and defendant in the matter which was before the university tribunal which was convened to terminate [Dr. Levitt's employment].\" Dr. Levitt was the accused \u2014 the defendant, if you will \u2014 at the university tribunal hearing, and subsequently was the plaintiff in the Levitt suit in which he protested the action taken at that hearing. (ix) Mrs. Levitt points to the \"Judge's choice of a law firm where one partner was Jewish and the other was of Irish National origin in response to plaintiff's request that the court appoint counsel. He did not select attorneys with a strong record in Civil Rights. Their specialty was Workmen's Compensation. He had at least ten attorneys with extensive Civil Rights practice from which to choose. His choice was dictated by the contrast drawn in one of plaintiff's briefs between the treatment of himself and [another professor accused of sexual harassment] who was Catholic. This combination of attorneys was selected for the purpose of embarassing them and with the intent of getting them into conflict with one another at the sacrifice of this case.\" (x) Finally, Mrs. Levitt points to \"the extended period of time between [Judge's] Aug. 22, 1985 Order to Dismiss and his Feb. 13, 1987 Order to Dismiss\" as \"obviously a calculated dilatory tactic on the part of the Judge to exhaust plaintiff, physically and financially.\" In Health Services Acquisition Corp. v. Liljeberg, 796 F.2d 796, 800 (5th Cir. 1986), we observed that [t]he goal of the disqualification statute is to promote public confidence in the judicial system by avoiding even the appearance of partiality. Chitimacha Tribe v. Harry L. Laws Co., 690 F.2d 1157, 1165 (5th Cir. 1982), cert. denied, 464 U.S. 814, 104 S.Ct. 69, 78 L.Ed.2d 83 (1983). In particular, section 455(a) was intended to establish an objective test so that \"disqualification should follow if the reasonable man, were he to 2/21/25, 7:12 Levitt v. Univ. of Texas at El Paso, 847 F.2d 221 | Casetext Search + Citator 11/17 know all the circumstances, would harbor doubts about the judge's impartiality.\" Potashnick v. Port City Construction Co., 609 F.2d 1101, 1111 (5th Cir.), cert. denied, 449 U.S. 820, 101 S.Ct. 78, 66 L.Ed.2d 22 (1980). See also Hall v. Small Business Administration, 695 F.2d 175 (5th Cir. 1983); United States v. Holland, 655 F.2d 44 (5th Cir. 1981); Whitehurst v. Wright, 592 F.2d 834 (5th Cir. 1979). The judge can himself decide whether the claim asserted is within \u00a7 455. If he decides that it is, then a disinterested judge must decide what the facts are. See 13A C. Wright, A. Miller E. Cooper, Federal Practice and Procedure \u00a7 3550 (1984) and the cases cited there. None of the circumstances to which Mrs. Levitt directs this court's attention rises to the threshold standard of raising a doubt in the mind of a reasonable observer as to Judge Hudspeth's impartiality. There was no duty on the judge's part to recuse himself. Title Claim The District Court correctly ruled that Dr. Levitt's Title suit against was barred by issue preclusion. The tribunal considered Dr. Levitt's testimony and all the other evidence before it, and concluded that Dr. Levitt had indeed made improper advances toward female students enrolled in his classes on several occasions. The tribunal rejected *227 Dr. Levitt's contention and made a unanimous finding that good cause existed for the termination of his employment. 227 The findings of the university tribunal were not given preclusive effect in Levitt I. Under Kremer v. Chemical Construction Corp., 456 U.S. 461, 102 S.Ct. 1883, 72 L.Ed.2d 262 (1982), they could not have been given preclusive effect had Dr. Levitt brought a Title claim in Levitt I. In Kremer, the Court held that (i) preclusive effect must be given to a state court's review of a state agency's action on a job bias claim in a later action in federal court on such a claim brought under a similar federal law such as Title VII, (ii) state administrative decisions must not be given preclusive effect in a later action in federal court on a Title claim, and (iii) it is settled that federal administrative decisions by the must not be given preclusive effect in a later action in federal court on a Title claim. After Kremer, it was clear 2/21/25, 7:12 Levitt v. Univ. of Texas at El Paso, 847 F.2d 221 | Casetext Search + Citator 12/17 that a litigant pursuing a job bias claim was entitled to reach either a state or federal court, and could have that claim foreclosed only after receiving a full and fair opportunity to litigate that claim in either one of those fora. The District Court in Levitt proceeded to review de novo the tribunal's findings, which is all that Kremer entitles Dr. Levitt to receive in a Title action. In the course of that review, the Levitt trial court examined all the evidence before the university tribunal and made its own findings of fact and conclusions of law. Levitt at 904. In particular, the Levitt trial court expressly stated that it had \"reviewed the entire record of the testimony before the special hearing tribunal, and [found] it more than sufficient to support the conclusion that [Dr.] Levitt [had] made improper sexual advances toward female students enrolled in his classes on several occasions.\" Levitt at 908. The Levitt trial court thereby necessarily rejected Dr. Levitt's countervailing contentions made before the university tribunal. Its decision foreclosed Dr. Levitt from later relitigating two issues crucial to a Title claim based on his discharge from UTEP: (i) that the charges against him were not a pretext (i.e. that the real motivation for his dismissal was not bias or prejudice against him because he was Jewish), and (ii) that good cause existed to fire Dr. Levitt. 14 15 14 Where a penalty is imposed by an employer for a particular sort of employee misconduct, the penalty must be applied without discrimination. McDonald v. Santa Fe Trail Transportation Co., 427 U.S. 273, 283 n. 11, 96 S.Ct. 2574, 2580 n. 11, 49 L.Ed.2d 493, 502 n. 11 (1976); Sullivan v. Boorstin, 484 F. Supp. 836, 842 (D.C. D.C. 1980). Mrs. Levitt asserts on this appeal that she could have shown, had Levitt gone to trial, that Dr. Levitt was treated more harshly than gentile individuals who committed the same transgressions. She discusses the case of one other professor who in the face of similar accusations was allowed quietly to resign and retire. Judge Hudspeth was entitled to consider this distinguishable from Dr. Levitt's situation since in the instance of the other professor, that professor had admitted his guilt and not contested the charges. 15 It is evident that there was at least the potential for bad blood between Dr. Levitt and Olander. It is certainly plausible that Olander at some point in their disputes assumed a frame of mind in which he was willing to see Dr. Levitt fired at the earliest moment that good cause to do so existed. Insofar 2/21/25, 7:12 Levitt v. Univ. of Texas at El Paso, 847 F.2d 221 | Casetext Search + Citator 13/17 as the record reveals, Olander appears to have been a very strong-willed individual who did not easily tolerate criticism or dissent. Nevertheless, since good cause did exist at the time that Dr. Levitt was dismissed, any antagonism toward Dr. Levitt on Olander's part is not decisive. It could not serve to \"contaminate\" or otherwise abrogate the good cause for dismissal that did exist. Blum v. Gulf Oil Corporation, 597 F.2d 936, 937-38 (5th Cir. 1979). When Levitt was brought, the findings of the university tribunal stood in a different posture. They were then reviewed state administrative findings by virtue of the Levitt proceedings. It was therefore possible to give them preclusive effect, if appropriate, because Dr. Levitt had already had the review to which he was entitled under Kremer. The District Court considered the question, and concluded that (i) the tribunal did not and could not have heard and determined a Title claim by Dr. Levitt, (ii) the District Court in Levitt *228 could not have heard and determined a Title claim by Dr. Levitt at the time Levitt was filed because Dr. Levitt had not yet received the prerequisite right-to-sue letter, and (iii) Dr. Levitt's Title claim therefore was not barred by claim preclusion and could be brought in Levitt II. We neither approve nor disapprove that conclusion about claim preclusion. We do not reach the question because the Levitt trial court's subsequent conclusion that the Title claim was precluded by issue preclusion is correct. 16 228 17 16 Unlike the New York State Division of Human Rights whose decisions were at issue in Kremer, the university tribunal was not a \"state agency having jurisdiction over employment discrimination complaints\" generally. Kremer, 456 U.S., at 463, 102 S.Ct. 1888, 72 L.Ed.2d 269. 17 See text accompanying n. 10, supra. The Kremer decision subsequently was interpreted in Hirst v. State of California, 770 F.2d 776 (9th Cir. 1985) to encompass issue preclusion as well as claim preclusion. Hirst led the Levitt trial court to consider whether Dr. Levitt's Title claim was precluded by issue preclusion. As the District Court stated, \"[a]lthough this court has previously determined that Dr. Levitt's Title claim is not barred by the doctrine of claim preclusion (res judicata) that dismissal did not foreclose the possibility of dismissal on the 18 2/21/25, 7:12 Levitt v. Univ. of Texas at El Paso, 847 F.2d 221 | Casetext Search + Citator 14/17 (emphasis added). basis of issue preclusion (collateral estoppel).\" The District Court then correctly concluded that the Title claim was indeed barred by issue preclusion. 18 The portion of the Kremer decision which so indicates is: The petitioner . . . contends that the judgment should not bar his Title action because the New York courts did not resolve the issue that the District Court must hear under Title \u2014 whether Kremer had suffered discriminatory treatment[.] . . . Although the claims presented to the [New York state administrative agency] and subsequently reviewed by the Appellate Division [of the New York Supreme Court] were necessarily based on New York law, the alleged discriminatory acts are prohibited by both federal and state laws. The elements of a successful employment discrimination claim are virtually identical; petitioner could not succeed on a Title claim consistently with the judgment of the that there is no reason to believe he was terminated or not rehired because of national origin or religion. The Appellate Division's affirmance of the NYHRD's dismissal necessarily decided that petitioner's claim under New York law was meritless, and thus it also decided that a Title claim arising from the same events would be equally meritless. In the course of [the] . . . hearing, Dr. Levitt testified under oath that certain University administrators had brought false charges of sexual impropriety against him, and that these administrators were actually motivated by bias and prejudice against Levitt's Jewish religion. . . . This is the identical claim being asserted in the present Title action. . . . [T]he instant case should be dismissed on the basis of the doctrine of issue preclusion or collateral estoppel. Once a federal court had ruled in Levitt that the charges against Dr. Levitt were not a pretext and that he had made the offensive advances of which he was accused, Dr. Levitt's full and fair opportunity to litigate those issues was 2/21/25, 7:12 Levitt v. Univ. of Texas at El Paso, 847 F.2d 221 | Casetext Search + Citator 15/17 [28 E. HIGGINBOTHAM, Circuit Judge, specially concurring: over. Those rulings made success on a subsequent Title claim impossible. We independently examine the Levitt complaint, and find that it raises no other issue. It doesn't charge that the tribunal was biased against Dr. Levitt because he was Jewish or because of his protests. We further hold that there remains no right of action on any other ground against for Dr. Levitt's dismissal. 19 19 See n. 4, supra. So May He Rest Judicial expositions of the policies underlying both claims preclusion and issue preclusion typically include the notion that parties be spared the expense and vexation of defending themselves against multiple lawsuits based upon essentially the same transaction. Equally typically, such expositions omit a related consideration of equal importance lawsuit generally entails considerable expense and vexation for the plaintiff as well, even though it is he who chooses to embark upon the undertaking with the knowledge that he will incur those hardships to himself. Ultimately, claims *229 preclusion and issue preclusion operate to the plaintiff's benefit as well. When the fight is once fought hard and well but lost, further fighting harms the fighter perhaps most of all. Then comes the time to look beyond that battle to other more promising enterprises not yet concluded. 20 229 21 20 See, e.g., Montana v. United States, 440 U.S. 147, 153-154, 99 S.Ct. 970, 973, 59 L.Ed.2d 210, 217 (1979). 21 Cf. Blonder-Tongue Labs, Inc. v. University of Illinois Foundation, 402 U.S. 313, 338, 91 S.Ct. 1434, 1447, 28 L.Ed.2d 788, 805 (1971). Let him not boast who puts his armor on As he who puts it off, the battle done.22 22 Longfellow, Morituri Salutamus, st. 9. AFFIRMED. 2/21/25, 7:12 Levitt v. Univ. of Texas at El Paso, 847 F.2d 221 | Casetext Search + Citator 16/17 concur but emphasize that the university tribunal's proceedings were reviewed by the Levitt court. The tribunal's findings are entitled to preclusive effect because they have been judicially reviewed. See Kremer, 102 S.Ct. at 1892; see also University of Tennessee v. Elliott, 478 U.S. 788, 106 S.Ct. 3220, 3225, 92 L.Ed.2d 635 (1986) (\"Congress did not intend unreviewed state proceedings to have preclusive effect on Title claims.\"). That the university proceedings were reviewed ends the matter as to Dr. Levitt's Title claim. About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/21/25, 7:12 Levitt v. Univ. of Texas at El Paso, 847 F.2d 221 | Casetext Search + Citator 17/17", "7841_104.pdf": "Home / 5th Circuit \u2026 Actual Bias Required for Due Process Violation in Academic Dismissal: Levitt v. University of Texas at El Paso \uf232 \uf09a \uf099 \uf0e1 \uf003 \uf1c1 Actual Bias Required for Due Process Violation in Academic Dismissal: Levitt v. University of Texas at El Paso Introduction In the landmark case of Leonard Levitt v. The University of Texas at El Paso, adjudicated by the United States Court of Appeals for the Fifth Circuit in 1985, the court addressed the due process rights of a tenured professor facing dismissal. Dr. Leonard Levitt contested his termina- tion on the grounds of improper procedural conduct and alleged bias within the faculty committee responsible for his evaluation. This com- prehensive commentary delves into the court\u2019s analysis, the precedents cited, and the broader implications of the judgment on academic em- ployment law. Date: May 11, 1985 Supreme Court High Courts Log In Sign Up \uf059 \uf002 All CaseIQ (Powered by GPT) Columns 2/21/25, 7:12 Actual Bias Required for Due Process Violation in Academic Dismissal: Levitt v. University of Texas at El Paso: 5th Cir. | CaseMine 1/7 Summary of the Judgment Dr. Leonard Levitt, a tenured Professor of Chemistry at the University of Texas at El Paso (UTEP) from 1966 to 1982, was dismissed follow- ing allegations of sexual misconduct by multiple students. Levitt con- tended that the dismissal process violated his Fourteenth Amendment due process rights, primarily alleging bias in the faculty committee that conducted his hearing and failures to adhere to the university's proce- dural rules. The district court initially granted summary judgment in favor of on most claims but allowed a trial on the bias allega- tions. Ultimately, the district court found no actual bias and affirmed the dismissal. Levitt appealed, arguing that even the appearance of bias should suffice for a due process violation and that the university failed to follow its own procedural rules. The Fifth Circuit upheld the district court's decision, establishing that actual bias, rather than mere appear- ance, is necessary to constitute a due process violation, and that adher- ence to additional internal procedures beyond constitutional require- ments does not inherently violate due process. Analysis Precedents Cited The court extensively referenced prior cases to substantiate its rea- soning. Key among these were v. THOMAS, 430 F.2d 852 (5th Cir. 1970): Established minimum due process standards for tenured Supreme Court High Courts Log In Sign Up \uf059 All CaseIQ (Powered by GPT) Columns 2/21/25, 7:12 Actual Bias Required for Due Process Violation in Academic Dismissal: Levitt v. University of Texas at El Paso: 5th Cir. | CaseMine 2/7 professors, including detailed notice, opportunity to be heard, and an impartial tribunal v UNIVERSITY, 469 F.2d 829 (5th Cir. 1972): Reiterated that actual bias, not the mere appearance thereof, is required to establish a due process violation. Megill v. Board of Regents, 541 F.2d 1073 (5th Cir. 1976): Affirmed the necessity of actual partiality in administrative hearings for due process claims. Hortonville Joint School Dist. No. 1 v. Hortonville Educ. Ass'n, 426 U.S. 482 (1976): Supported the stance that ab- sence of actual bias negates due process concerns despite structural biases. Chrysler Corp. v. Texas Motor Vehicle Comm\u2019n, 755 F.2d 1192 (5th Cir. 1985): Highlighted that decision-makers with- out a significant stake do not inherently possess bias that vi- olates due process v. LOUDERMILL, 105 S. Ct. 1487 (1985): Clarified that con- stitutional due process requirements supersede state law pro- cedures in determining adequate procedural safeguards. Legal Reasoning The court's legal reasoning centered on differentiating between pro- cedural and substantive due process. Levitt argued that the mere ap- Supreme Court High Courts Log In Sign Up \uf059 All CaseIQ (Powered by GPT) Columns 2/21/25, 7:12 Actual Bias Required for Due Process Violation in Academic Dismissal: Levitt v. University of Texas at El Paso: 5th Cir. | CaseMine 3/7 pearance of bias within the faculty committee sufficed for a due process violation. However, the court upheld the principle that ac- tual bias, not appearance, is requisite for such a claim, drawing heav- ily on precedents like Duke and Megill. Furthermore, Levitt con- tended that the university failed to follow its own (Committee on Academic Rights, Privileges, and Ethics) rules, which, according to him, provided additional procedural protections beyond the Regents' Rules. The court dismissed this argument by asserting that constitutional due process dictates the minimum procedural safeguards required, and deviations or additional internal procedures by the university do not inherently infringe upon constitutional rights. The Supreme Court's decision in v was pivotal in reinforcing that constitutional guar- antees cannot be undermined by state or institutional rules, and that substantive due process cannot be invoked to enforce adherence to internal procedural guidelines unless they infringe upon the constitu- tional minimums themselves. Impact The decision in Levitt v has significant implications for aca- demic institutions and the legal landscape governing employment ter- mination within academia. By affirming that actual bias is necessary to constitute a due process violation, the ruling provides clarity on the standards required for faculty dismissal proceedings. Institutions Supreme Court High Courts Log In Sign Up \uf059 All CaseIQ (Powered by GPT) Columns 2/21/25, 7:12 Actual Bias Required for Due Process Violation in Academic Dismissal: Levitt v. University of Texas at El Paso: 5th Cir. | CaseMine 4/7 are thereby guided to focus on ensuring unbiased decision-making processes rather than being preoccupied with the mere appearance of bias, unless such appearance translates into actual partiality. Additionally, the clarification that adherence to internal procedural rules does not automatically equate to due process compliance un- derscores the supremacy of constitutional standards over institu- tional policies. This delineation ensures that while universities may establish comprehensive procedural frameworks for faculty dis- missals, these procedures must at least meet the constitutional mini- mums without being conflated with additional internal guidelines. Complex Concepts Simplified Due Process Due process refers to the legal requirement that the government must respect an individual's legal rights before depriving them of life, liberty, or property. In the context of this case, it pertains to the procedural fairness owed to Dr. Levitt in his dismissal from a tenured academic position. Actual Bias vs. Appearance of Bias Actual bias means that the decision-makers have a genuine prejudice or preconceived opinion against an individual, which influences their deci- sion. Conversely, an appearance of bias occurs when the circumstances surrounding the decision-making process might lead a reasonable per- son to suspect bias, even if none exists. Supreme Court High Courts Log In Sign Up \uf059 All CaseIQ (Powered by GPT) Columns 2/21/25, 7:12 Actual Bias Required for Due Process Violation in Academic Dismissal: Levitt v. University of Texas at El Paso: 5th Cir. | CaseMine 5/7 Procedural vs. Substantive Due Process Procedural due process focuses on the fairness and adequacy of the pro- cedures used to enforce laws or decisions affecting individuals. Substantive due process, on the other hand, concerns the fundamental rights that may be at stake, ensuring that laws are fair and not arbi- trary or unjust. Regents Rules vs Rules The Regents Rules are the formal procedures established by the Board of Regents governing faculty employment and dismissal. The Rules refer to additional procedural guidelines established by the Committee on Academic Rights, Privileges, and Ethics, which Levitt argued should have superseded the Regents Rules in his case. Conclusion The Fifth Circuit's decision in Levitt v. University of Texas at El Paso reinforces essential principles of due process within academic employ- ment law. By mandating that only actual bias, not its mere appearance, constitutes a violation of due process, the court delineates clear bound- aries for faculty dismissal procedures. Additionally, the affirmation that constitutional requirements of due process take precedence over internal procedural rules underscores the primacy of federal constitu- tional protections in safeguarding individual rights against arbitrary or unjust governmental actions. This judgment not only provides clarity for future cases involving academic dismissals but also ensures that due Supreme Court High Courts Log In Sign Up \uf059 All CaseIQ (Powered by GPT) Columns 2/21/25, 7:12 Actual Bias Required for Due Process Violation in Academic Dismissal: Levitt v. University of Texas at El Paso: 5th Cir. | CaseMine 6/7 process remains a cornerstone of fair administrative actions within ed- ucational institutions. Case Details LEVITT, PLAINTIFF-APPELLANT, v AL., DEFENDANTS-APPELLEES. YEAR: 1985 CIRCUIT. Judge(s) Patrick Errol Higginbotham Attorney(S) Leonard Levitt, pro se. Elwyn C. Lee, Univ. of Houston Law Center, Houston, Tex., for plaintiff-appellant. Jim Mattox, Atty. Gen., Austin, Tex., Michael H. Patterson, Asst. Atty. Gen., San Antonio, Tex., for defendants-appellees. Comments Write your comment \u00a9 2023 Gauge Data Solutions Pvt. Ltd. | Terms \uf09a \uf099 \uf0e1 Supreme Court High Courts Log In Sign Up \uf059 All CaseIQ (Powered by GPT) Columns 2/21/25, 7:12 Actual Bias Required for Due Process Violation in Academic Dismissal: Levitt v. University of Texas at El Paso: 5th Cir. | CaseMine 7/7", "7841_105.pdf": "From Casetext: Smarter Legal Research Levitt v. Monroe United States District Court, W.D. Texas, El Paso Division Jul 17, 1984 590 F. Supp. 902 (W.D. Tex. 1984) Copy Citation Download Check Treatment Delegate legal research to CoCounsel, your new legal assistant. Try CoCounsel free No. EP-83-CA-86. July 17, 1984. *903 HUDSPETH, District Judge. 903 H. Tom Peterson, El Paso, Tex., for plaintiff. Michael H. Patterson, Asst. Atty. Gen., State and County Div., San Antonio, Tex., for defendants Sign In Search all cases and statutes... Opinion Case details 2/21/25, 7:12 Levitt v. Monroe, 590 F. Supp. 902 | Casetext Search + Citator 1/10 This is a suit for damages and other relief pursuant to 42 U.S.C. \u00a7 1983. The Plaintiff was a tenured Professor of Chemistry at the University of Texas at El Paso from 1966 until December 1982, when the Board of Regents of the University of Texas System terminated his employment. In his complaint, the Plaintiff contends that he was denied procedural due process in *904 connection with his termination in the following respects: 904 (1) That he was not given timely and adequate notice of the cause for his termination; (2) That he was denied the right to confront the witnesses against him; (3) That he was denied the opportunity to be heard; (4) That he was not given a statement of the reasons for termination found by the special tribunal appointed by the President of the University to hear evidence in connection with the charges, and (5) That two members of the tribunal (Defendants Fuller and Harris) were prejudiced against him, denying him the right to a hearing before an impartial tribunal. The Court previously entered partial summary judgment in favor of the Defendants in connection with four of the Plaintiff's five claims. Since it was impossible to rule upon the Plaintiff's fifth claim without a trial on the merits, such a trial was held on July 2, 1984. The Court's findings of fact and conclusions of law are incorporated in this opinion. The story began in February 1982, when a nursing student named Linda Scott who was enrolled in one of the Plaintiff's chemistry classes complained that he had made offensive sexual advances toward her. The Vice President for Academic Affairs, Dr. Olander, received the complaint from Ms. Scott, and, after consultation with the University President (Defendant Haskell Monroe), decided to offer Dr. Levitt the opportunity to resign. The Plaintiff refused the offer. On May 21, 1982, Dr. Monroe gave the Plaintiff formal written notice that proceedings would be instituted to terminate his employment (Plaintiff's Exhibit 3). 2/21/25, 7:12 Levitt v. Monroe, 590 F. Supp. 902 | Casetext Search + Citator 2/10 The procedure for terminating the employment of a tenured faculty member at any institution in the University of Texas System is established by Section 6.3 of the Rules and Regulations of the Board of Regents of the University of Texas System (Defendants' Exhibit C). These rules provide that employment may be terminated only for good cause shown. If the faculty member opposes the termination action, the rules require that he be informed in writing of the charges against him, and that on reasonable notice, the charges be heard by a special hearing tribunal appointed by the President of the University, and whose members possess academic rank at least equal to that of the accused faculty member (Regents' Rule 6.33). In compliance with these rules, Dr. Monroe, on May 21, 1982, appointed a five- member tribunal consisting of the following full professors: Dr. Judith Goggin, Professor of Psychology; Dr. J.L. Klingstedt, Professor of Education; Dr. Juan Lawson, Professor of Physics; Dr. Howard Neighbor, Professor of Political Science; and Dr. Stephen Riter, Professor of Electrical Engineering. Two other faculty members, Defendant Wayne Fuller, a history professor, and Dr. James Devine, a psychology professor, were appointed as alternates. Dr. Monroe's letter of May 21 also scheduled the hearing for June 14, 1982. From the very beginning, problems arose in getting the Plaintiff, the tribunal members, and the witnesses all together at the same place and the same time. The University administration asked for the first change in the hearing date (from June 14 to June 24, 1982) due to the unavailability of an essential witness. The Plaintiff was notified of this change by a letter dated June 7, 1982 (Defendants' Exhibit E). On June 16, 1982, the Plaintiff's attorney, H. Davidson Smith, III, informed Dr. Monroe that he was not available on June 24, and he asked for a continuance (Defendants' Exhibit F). The hearing was rescheduled for July 16, 1982. Because of the rescheduling, two of the original panel members (J.L. Klingstedt and Howard Neighbor) had to be excused, and they were replaced by the alternates, Fuller and Devine. Defendant Arthur Harris was then named as an alternate (Defendants' Exhibit G). On July 15, 1982, the Plaintiff's attorney notified Dr. Monroe that the Plaintiff had been admitted to the hospital, and was unavailable to attend a hearing on *905 July 16 (Defendants' Exhibit H). The hearing was rescheduled for August 25, 1982 (Defendants' Exhibit I). This new continuance caused Dr. Judith Goggin to 905 2/21/25, 7:12 Levitt v. Monroe, 590 F. Supp. 902 | Casetext Search + Citator 3/10 become unavailable as a member of the hearing tribunal, and she was replaced by the alternate, Dr. Harris (Defendants' Exhibit L). Between May 21, 1982, when the Plaintiff was first notified of the special tribunal hearing, and August 25, 1982, when the hearing actually commenced, an unexpected development occurred. The Plaintiff was interviewed by a reporter for the University's student newspaper, and he denied the allegations made against him by Linda Scott. When the story appeared in print, three other former students (Jane Jenkins, Delores Kurita, and Elaine Chavez) came forward to report that the Plaintiff had made offensive sexual advances toward them also. The Plaintiff was informed that these three young ladies were being added to the witness list, and that they would also testify at the hearing conducted by the special tribunal (Defendants' Exhibit I). When the hearing began on August 25, the Plaintiff's attorney made a formal motion that Defendants Fuller and Harris recuse themselves from serving on the special hearing tribunal, asserting that each was biased and prejudiced against the Plaintiff. Both Fuller and Harris insisted that they were not biased, and the motion to recuse was denied. The tribunal proceeded to hear testimony on August 25 and 26 and September 9 and 16, 1982. On September 30, the tribunal announced its unanimous finding that good cause existed for the termination of Dr. Levitt's employment, and it recommended to the Board of Regents that he be terminated. In view of Dr. Levitt's years of service on the University faculty, however, the tribunal recommended that his employment be continued through the spring semester of 1983 (Defendants' Exhibit Q). The Board of Regents approved the tribunal's finding that good cause existed for termination, but declined to continue his employment through the spring semester of 1983. His employment was terminated on December 3, 1982 (Defendants' Exhibit R). Dr. Arthur Harris, a professor of biological sciences, has been a member of the faculty since 1965. He became a member of the special hearing tribunal in this case through the process of attrition, and as the direct and proximate result of the continuances requested by the Plaintiff's attorney. Plaintiff's claim that Dr. Harris was prejudiced against him traces back to an incident that occurred in 1966 or 1967. At that time, the Plaintiff was serving 2/21/25, 7:12 Levitt v. Monroe, 590 F. Supp. 902 | Casetext Search + Citator 4/10 as Chairman of the Membership Committee of the Graduate Faculty. Dr. Harris presented his application for membership in the graduate faculty to Dr. Levitt as the Chairman of the Committee. The Committee did not approve Dr. Harris' application that year. The Plaintiff contends that this incident aroused Dr. Harris' hostility toward him, and that they had remained enemies throughout the intervening years. The Plaintiff supports his claim by evidence that in 1981, Dr. Harris recused himself from serving on a faculty committee appointed to review the Plaintiff's claim of entitlement to a merit pay raise on the ground that he did not consider himself an unbiased party with regard to that matter (Plaintiff's Exhibit 2). 1 1 The \"graduate faculty\" is a loose term meant to describe those members of the regular faculty who are certified as having the qualifications to teach graduate students. Dr. Harris testified in the trial of this case that he declined to recuse himself from membership on the special hearing tribunal because he was not biased with respect to the charges of sexual misconduct brought against Dr. Levitt, and that he had no preconceived notion as to the truth or falsity of such charges. Furthermore, Dr. Harris specifically denied that he held any animosity toward the Plaintiff arising out of his failure to be selected as a member of the graduate faculty in 1966. On the contrary, Dr. Harris testified he was well aware that this decision was made by the entire graduate faculty, not by the Plaintiff alone. Furthermore, he was admitted to membership in the graduate faculty *906 a year or two later, and was perfectly satisfied with that outcome. He explained his decision not to serve on the faculty committee investigating the matter of the Plaintiff's merit pay raise in 1981 by stating that he did not believe the Plaintiff was entitled to a merit pay raise for the following reasons: 906 (1) He felt that professors in the Chemistry Department in general were overpaid in comparison with faculty members of equivalent rank in the Biology Department; (2) Dr. Levitt had lost or misplaced some of the attachments to Dr. Harris' original application for admission to the graduate faculty, and this suggested to the witness that the Plaintiff was somewhat irresponsible; 2 2/21/25, 7:12 Levitt v. Monroe, 590 F. Supp. 902 | Casetext Search + Citator 5/10 (3) Dr. Harris was in the building where Dr. Levitt's office was located on a daily basis, and he had observed that Dr. Levitt was rarely in his office; (4) He felt that Dr. Levitt's publications in scientific journals fell short of the standard that would be expected of a full professor of chemistry with many years' experience. 2 These \"attachments\" consisted of reprints of articles authored by Dr. Harris appearing in various scientific journals. Dr. Wayne Fuller, a professor of history, has been a member of the faculty of the University of Texas at El Paso since 1955. Like Dr. Harris, he was originally an alternate, who became a full-fledged member of the special hearing tribunal through attrition. Plaintiff's claim that Dr. Fuller was prejudiced against him is based upon three allegations: (1) That Dr. Fuller served on a faculty committee some years before that in some fashion considered the question of the Plaintiff's competency; (2) That he also served as a member of a research award committee when the Plaintiff applied for such an award but did not receive it; (3) That he served as a member of the faculty committee that considered the issue of Plaintiff's merit pay raise in 1981, and made statements indicating that he believed the allegations of sexual misconduct with respect to the Plaintiff. Dr. Fuller testified in the trial that he had no bias or prejudice with respect to the Plaintiff, and that he had not prejudged the charges which were heard by the special tribunal. With respect to the faculty committee upon which he served some twelve years before, he testified that the issue then with respect to the Plaintiff's competency had no relation to the present charges, and did not affect his attitude toward them. With respect to the research award, Dr. Fuller testified that Dr. Levitt was one of several applicants for the award, and that his failure to get the award did not stem from any prejudice on Fuller's part. Finally, he denies having made any statement in a meeting of the 1981 faculty committee indicating prejudgment of the sexual 2/21/25, 7:12 Levitt v. Monroe, 590 F. Supp. 902 | Casetext Search + Citator 6/10 misconduct charges. Dr. Fuller did say that in the late 1960s, one of his female students had complained to him that Dr. Levitt had made what she perceived to be a sexual advance. He stated, however, that he neither believed nor disbelieved her, but thought she might have been mistaken. He advised her to make her complaint to the Dean of Arts and Sciences, and to his knowledge the student never pursued the matter. Dr. Fuller also conceded that he made a statement in a meeting of the faculty committee considering the merit pay raise question to the effect that the University administration might have information concerning the Plaintiff which was not available to the faculty committee and which might justify the lowering of the Plaintiff's merit pay rating. The right of a state university faculty member to procedural due process in connection with his termination includes (1) the right to be advised of the cause for his termination in sufficient detail to fairly *907 enable him to show any error that may exist; (2) the right to be advised of the names and the nature of the testimony of the witnesses against him; (3) a meaningful opportunity to be heard in his own defense within a reasonable time; and (4) a hearing before a tribunal that possesses some academic expertise and also possesses an apparent impartiality toward the charges. Ferguson v. Thomas, 430 F.2d 852, 856 (5th Cir. 1970). Although the Fifth Circuit in Ferguson v. Thomas used the expression \"apparent impartiality,\" it is obvious from later decisions that actual bias is necessary for the disqualification of a member of an appointed tribunal. Magill v. Board of Regents of the State of Florida, 541 F.2d 1073, 1079 (5th Cir. 1976); Jenkins v. Louisiana State Board of Education, 506 F.2d 992, 1003 (5th Cir. 1975); Duke v. North Texas State University, 469 F.2d 829, 834 (5th Cir. 1972), cert. denied 412 U.S. 932, 93 S.Ct. 2760, 37 L.Ed.2d 160 (1973 plaintiff's claim of prejudice on the part of a member of a university hearing body must be based on more than mere speculation and tenuous inferences. Duke v. North Texas State University, supra at 834. The fact that members of the tribunal may be acquainted with the faculty member in question, or may be familiar with the facts of the case, does not disqualify them as decision makers. Magill v. Board of Regents of the State of Florida, supra; Jenkins v. Louisiana State Board of Education, supra; Duke v. North Texas State University, supra. See also Woodbury v. McKinnon, 447 F.2d 839, 844-5 (5th Cir. 1971). It is important to remember also that the 907 2/21/25, 7:12 Levitt v. Monroe, 590 F. Supp. 902 | Casetext Search + Citator 7/10 impartiality possessed by the tribunal must be with respect to the specific charges against the accused faculty member, not with respect to some unrelated matter. Ferguson v. Thomas, supra at 856. In the instant case, the Court finds that neither Dr. Harris nor Dr. Fuller possessed any bias or prejudice with respect to the allegations of sexual misconduct brought against the Plaintiff. Dr. Harris had demonstrated his sensitivity to the issue of bias by declining to serve on the merit pay raise committee a year earlier. The fact that he declined to recuse himself from serving on the special hearing tribunal in this case is a strong indication of his impartiality toward the particular charges at issue. He testified in the trial that he reached his verdict as a member of the special hearing tribunal solely on the evidence presented at the hearing. The Court finds his testimony in this regard to be entirely credible. The Plaintiff's evidence with regard to the alleged bias of Dr. Fuller is equally unconvincing. The Plaintiff did call a witness, Dr. Eleanor Duke, to testify that Dr. Fuller had made a statement at a meeting of the faculty committee concerning the merit pay raise which she interpreted as indicating Dr. Fuller's belief that the Plaintiff was guilty of making sexual advances toward his female students. From her testimony as a whole, however, it was obvious that Dr. Duke could not be sure whether the statement that she remembered had been made by Dr. Fuller or by one Dorothy Corona. Furthermore, James Day, another member of the 1981 committee, testified that he had attended most meetings of the committee, and had no recollection of hearing Dr. Fuller make such a statement. Like Dr. Harris, Dr. Fuller testified that he had no bias with respect to the charges against the Plaintiff, and that as a member of the tribunal he found them to be true because he believed the testimony of the female witnesses. As in the case of Dr. Harris, the Court finds Dr. Fuller's testimony to be credible and accepts it as true. 3 3 It is overwhelmingly probable that Corona, rather than Fuller, made the statement recalled by Dr. Duke. Dorothy Corona is an associate professor of nursing and was the academic adviser to one or more of the female nursing students who brought the charges heard by the special hearing tribunal. In fact, Corona was one of the witnesses at the tribunal's evidentiary hearing. 2/21/25, 7:12 Levitt v. Monroe, 590 F. Supp. 902 | Casetext Search + Citator 8/10 At the trial of this case, the Plaintiff endeavored to cast doubt upon the impartiality of two other members of the special *908 hearing tribunal, to wit: Dr. Stephen Riter and Dr. James Devine. The Plaintiff's contention in this regard is that these panel members were not impartial because they were serving as departmental chairmen at the time, and therefore were members of the \"administration.\" This is apparently an afterthought on the part of the Plaintiff. At the time the special hearing tribunal met, the Plaintiff made no accusation of bias against either Riter or Devine, and neither was requested to recuse himself. The Plaintiff's complaint in this case likewise makes no allegation of bias. The pretrial order is also silent in this regard. Although the suggestion of bias was made at trial, the Plaintiff himself testified that he knew of no specific basis to claim bias on the part of Riter or Devine. 908 There is an additional reason why the Plaintiff's claim must fail. The special hearing tribunal consisted of five members, and those five members unanimously recommended termination of the Plaintiff's employment. If the votes of Harris and Fuller were subtracted from the total, three votes in favor of termination would remain. There is no evidence whatsoever, that Harris or Fuller influenced, or attempted to influence, the votes of the other panel members. The vote of a majority of the special hearing tribunal to recommend termination would have supported the action of the Board of Regents in terminating the Plaintiff's employment. When a faculty member in an institution of higher education brings a Section 1983 action in connection with the termination of his employment, the Court must first determine whether or not the complainant was accorded due process in the procedures by which he was terminated. In this case, the Court finds that the Plaintiff was afforded due process. The only question remaining is whether the special hearing tribunal and the Board of Regents had before them sufficient evidence to support the conclusion that the Plaintiff's employment should be terminated. Ferguson v. Thomas, supra at 859. The Court has reviewed the entire record of the testimony before the special hearing tribunal, and finds it more than sufficient to support the conclusion that the Plaintiff made improper sexual advances toward female students enrolled in his classes on several occasions. The proof more than justified the action of the Board of Regents in terminating his employment. 2/21/25, 7:12 Levitt v. Monroe, 590 F. Supp. 902 | Casetext Search + Citator 9/10 It is therefore that judgment be, and it is hereby, entered in favor of the Defendants, and that the Plaintiff take nothing by this suit. About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/21/25, 7:12 Levitt v. Monroe, 590 F. Supp. 902 | Casetext Search + Citator 10/10"} |
7,423 | Nicholas Nixon | Massachusetts College of Art and Design | [
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] | {"7423_101.pdf": "By News Desk April 12, 2018 12:35 pm The Institute of Contemporary Art in Boston is ending an exhibition of Nicholas Nixon\u2019s photographs ten days before the scheduled closing date after the artist, who was recently accused of sexual harassment by former students at the Massachusetts College of Art and Design, asked the museum to shut it down. In a statement provided to Artnet, the quoted Nixon as saying that he felt his works could no longer \u201cbe viewed on their own merits.\u201d The museum originally intended to create new signage for the show following the allegations, a controversial move that would have kept the show up until April 22. The exhibition, which displays Nixon\u2019s acclaimed series \u201cThe Brown Sisters,\u201d will now conclude at the end of today 2/21/25, 7:12 After Harassment Accusations to Close Nicholas Nixon Show at Artist's Behest 1/6 M+ The Boston Globe published an in-depth report last week detailing numerous accusations leveled by students that claimed Nixon had engaged in sexually inappropriate conduct for years. Nixon retired from MassArt in late March amid an investigation into whether or not he violated Title IX. Although he apologized to students in a statement to the Globe, the seventy- year-old photographer\u2019s lawyer said \u201cthe conduct we\u2019re aware of was strictly consensual.\u201d On April 6, the museum initiated an open forum where director Jill Medvedow and chief curator Eva Respini elaborated the original decision to leave the exhibition up. The online forum, which has since been deleted, invited staff members to share their perspectives on the matter. Some voiced dismay over the museum\u2019s decision, including one anonymous commenter labeled as an staff member who wrote: \u201cPresented with an opportunity to make a controversial but morally guided decision, the chose to protect the problematic artist and its own pockets. This demonstrates the has no intention of upholding the radical values it touts in its mission statement.\u201d At a time when many museums are reckoning with how or whether to exhibit work by artists accused of sexual misconduct\u2014earlier this year, the National Gallery cancelled shows by Chuck Close and Thomas Roma following similar allegations\u2014Medvedow brought up the difficulty of 2/21/25, 7:12 After Harassment Accusations to Close Nicholas Nixon Show at Artist's Behest 2/6 Artforum Inbox Register to receive our full menu of newsletters\u2014From the Archive, Must See, Video, In Print, Dispatch, and ArtforumEDU\u2014 as well as special offers from Artforum DEAL\u2026 By News Desk 119 BENIN\u2026 By News Desk CLAUDEL\u2026 By News Desk BARRAG\u00c1N BECOME\u2026 By News Desk EXHIBITOR\u2026 By News Desk (1940\u2013 2025) By News Desk determining the museum\u2019s responsibilities struggle with competing truths,\u201d she wrote in the now-deleted web forum. \u201cThe truth told by the individuals cited in The Globe, the divergent opinions of our staff, and the ICA\u2019s commitment to share all that contemporary art offers . . . including its controversies, complexities and conflicts.\u201d 2/21/25, 7:12 After Harassment Accusations to Close Nicholas Nixon Show at Artist's Behest 3/6 2024 1. 'The White Lotus' Season 3 Character Guide: Who's Who in Thailand? 2. How to Watch 'Sonic The Hedgehog 3' Online 2/21/25, 7:12 After Harassment Accusations to Close Nicholas Nixon Show at Artist's Behest 4/6 Selena Gomez and Benny Blanco \u201cAre So in Love\u201d And With Their New Album, They\u2026 Los Angeles D.A. Opposes Menendez Brothers\u2019 Bid for New Trial, Citing \u2018Lies and Deceit\u2019 Here\u2019s What a Rock & Roll Hall of Fame Induction Would Mean to Man\u00e1, in Their Own Words 2/21/25, 7:12 After Harassment Accusations to Close Nicholas Nixon Show at Artist's Behest 5/6 By providing your information, you agree to our Terms of Use and our Privacy Policy. We use vendors that may also process your information to help provide our services. Artforum is a part of Penske Media Corporation. \u00a9 2025 Artforum Media, LLC. All Rights Reserved. Enter your email address 2/21/25, 7:12 After Harassment Accusations to Close Nicholas Nixon Show at Artist's Behest 6/6", "7423_102.pdf": "( 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 1/51 Nicholas Nixon is one of 262 celebrities, politicians, CEOs, and others who have been accused of sexual misconduct since April 2017 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 2/51 Updated: Jan. 9, 2019 Update July 16, 2021: This list was created in 2017 as a way to represent the scope of the Me Too movement. Though the list, compiled from news reports, could never be exhaustive, the goal was to document the range of people across industries who were the subject of sexual misconduct reports. The list was updated periodically until February 2020; it has not been updated since then. In the intervening period, some of the people on this list have faced legal or professional consequences, while in other cases, further action was not supported or taken. While the Me Too movement continues to have an impact, this list is not an ongoing record of allegations and their outcomes; rather, it is meant as a snapshot of a particular moment in time. The list was updated periodically until February 2020, and is no longer being updated regularly. Harvey Weinstein. Mario Batali. Louis C.K. As the Me Too movement gained prominence, more than 250 powerful people \u2014 celebrities ( spacey-sexual-assault-allegations-house-of-cards), politicians ( moore-republican-party), CEOs ( sexual-misconduct-terdema-ussery-earl-k-sneed-mark-cuban), and others \u2014 were the subject of sexual harassment ( politics/2017/4/19/15361182/bill-oreilly-fox-harassment-allegations-fired), assault ( weinstein-sexual-harassment-assault-accusations), or other misconduct ( thrush-new-york-times) allegations. At the movement\u2019s height, more survivors came forward nearly every day, many of them inspired and emboldened by those who had gone before. Vox compiled a list of influential people from a variety of industries who faced new public accusations of sexual misconduct after Fox News host Bill O\u2019Reilly was forced to resign in April 2017. The list was updated periodically until January 2019, and is no longer being updated regularly. We decided to start our list with O\u2019Reilly because his departure from Fox helped set the stage for reports against Harvey Weinstein \u2014 which, in turn, helped raise awareness around the Me Too movement ( harvey-weinstein-harassment-assault) and kick off the reckoning around sexual misconduct that continues to this day, in Hollywood ( harassment-hollywood-metoo), Washington ( and-politics/2018/1/30/16933376/congress-sexual-harassment-fix-bill), and around the country. Many (though not all) of the people accused have denied the allegations. Some say the reported behavior never happened, while others argue that their behavior was not intended to be sexual. Those who reported they were harassed, 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 3/51 assaulted, or subjected to misconduct, however, have often said it affected them deeply, leaving some with lasting trauma and sometimes forcing them from their chosen careers. The Me Too movement and its impact ( movement-sexual-harassment-law-2019) are ongoing, and the list below is only a snapshot of the allegations that became public during a particular moment in time. Click to view the accused in the following fields: Arts & Entertainment 101 Media 57 Business & Tech 18 Politics 46 Other 40 Arts & Entertainment There are 101 people in this category. Select a name or scroll down to view all: Publicly reported December 2018 Frankie Shaw (/a/sexual-harassment-assault-allegations-list/frankie-shaw) Michael Weatherly (/a/sexual-harassment-assault-allegations-list/michael-weatherly) September 2018 Steven Wilder Striegel (/a/sexual-harassment-assault-allegations-list/steven-wilder-striegel) August 2018 Gerard Depardieu (/a/sexual-harassment-assault-allegations-list/gerard-depardieu) Chase Finlay (/a/sexual-harassment-assault-allegations-list/chase-finlay) Asia Argento (/a/sexual-harassment-assault-allegations-list/asia-argento) July 2018 Rick Day (/a/sexual-harassment-assault-allegations-list/rick-day) June 2018 Chris Hardwick (/a/sexual-harassment-assault-allegations-list/chris-hardwick) May 2018 Morgan Freeman (/a/sexual-harassment-assault-allegations-list/morgan-freeman) Luc Besson (/a/sexual-harassment-assault-allegations-list/luc-besson) Boyd Tinsley (/a/sexual-harassment-assault-allegations-list/boyd-tinsley) Ameer Vann (/a/sexual-harassment-assault-allegations-list/ameer-vann) Junot D\u00edaz (/a/sexual-harassment-assault-allegations-list/junot-diaz) April 2018 Allison Mack (/a/sexual-harassment-assault-allegations-list/allison-mack) Nicholas Nixon (/a/sexual-harassment-assault-allegations-list/nicholas-nixon) March 2018 John Kricfalusi (/a/sexual-harassment-assault-allegations-list/john-kricfalusi) Sherman Alexie (/a/sexual-harassment-assault-allegations-list/sherman-alexie) 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 4/51 February 2018 Jeff Franklin (/a/sexual-harassment-assault-allegations-list/jeff-franklin) Philip Berk (/a/sexual-harassment-assault-allegations-list/philip-berk) Daniel Handler (/a/sexual-harassment-assault-allegations-list/daniel-handler) Patrick Demarchelier (/a/sexual-harassment-assault-allegations-list/patrick-demarchelier) Seth Sabal (/a/sexual-harassment-assault-allegations-list/seth-sabal) Andre Passos (/a/sexual-harassment-assault-allegations-list/andre-passos) Greg Kadel (/a/sexual-harassment-assault-allegations-list/greg-kadel) David Bellemere (/a/sexual-harassment-assault-allegations-list/david-bellemere) Karl Templer (/a/sexual-harassment-assault-allegations-list/karl-templer) Vincent Cirrincione (/a/sexual-harassment-assault-allegations-list/vincent-cirrincione) Paul Marciano (/a/sexual-harassment-assault-allegations-list/paul-marciano) January 2018 Charlie Walk (/a/sexual-harassment-assault-allegations-list/charlie-walk) Scott Baio (/a/sexual-harassment-assault-allegations-list/scott-baio) David Copperfield (/a/sexual-harassment-assault-allegations-list/david-copperfield) Barry Lubin (/a/sexual-harassment-assault-allegations-list/barry-lubin) Michael Douglas (/a/sexual-harassment-assault-allegations-list/michael-douglas) Joel Kramer (/a/sexual-harassment-assault-allegations-list/joel-kramer) Bruce Weber (/a/sexual-harassment-assault-allegations-list/bruce-weber) Mario Testino (/a/sexual-harassment-assault-allegations-list/mario-testino) Aziz Ansari (/a/sexual-harassment-assault-allegations-list/aziz-ansari) James Franco (/a/sexual-harassment-assault-allegations-list/james-franco) Stan Lee (/a/sexual-harassment-assault-allegations-list/stan-lee) Ben Vereen (/a/sexual-harassment-assault-allegations-list/ben-vereen) Paul Haggis (/a/sexual-harassment-assault-allegations-list/paul-haggis) Albert Schultz (/a/sexual-harassment-assault-allegations-list/albert-schultz) Dan Harmon (/a/sexual-harassment-assault-allegations-list/dan-harmon) December 2017 Dustin Marshall (/a/sexual-harassment-assault-allegations-list/dustin-marshall) T.J. Miller (/a/sexual-harassment-assault-allegations-list/t-j-miller) Morgan Spurlock (/a/sexual-harassment-assault-allegations-list/morgan-spurlock) Jon Heely (/a/sexual-harassment-assault-allegations-list/jon-heely) Melanie Martinez (/a/sexual-harassment-assault-allegations-list/melanie-martinez) Bryan Singer (/a/sexual-harassment-assault-allegations-list/bryan-singer) Peter Martins (/a/sexual-harassment-assault-allegations-list/peter-martins) James Levine (/a/sexual-harassment-assault-allegations-list/james-levine) November 2017 Israel Horovitz (/a/sexual-harassment-assault-allegations-list/israel-horovitz) Geoffrey Rush (/a/sexual-harassment-assault-allegations-list/geoffrey-rush) Jean-Claude Arnault (/a/sexual-harassment-assault-allegations-list/jean-claude-arnault) John Lasseter (/a/sexual-harassment-assault-allegations-list/john-lasseter) Murray Miller (/a/sexual-harassment-assault-allegations-list/murray-miller) Sylvester Stallone (/a/sexual-harassment-assault-allegations-list/sylvester-stallone) Ron Jeremy (/a/sexual-harassment-assault-allegations-list/ron-jeremy) Andy Henry (/a/sexual-harassment-assault-allegations-list/andy-henry) Jesse Lacey (/a/sexual-harassment-assault-allegations-list/jesse-lacey) Tom Sizemore (/a/sexual-harassment-assault-allegations-list/tom-sizemore) Mark Schwahn (/a/sexual-harassment-assault-allegations-list/mark-schwahn) Peter Aalb\u00e6k Jensen (/a/sexual-harassment-assault-allegations-list/peter-aalbaek-jensen) Eddie Berganza (/a/sexual-harassment-assault-allegations-list/eddie-berganza) Richard Dreyfuss (/a/sexual-harassment-assault-allegations-list/richard-dreyfuss) Gary Goddard (/a/sexual-harassment-assault-allegations-list/gary-goddard) Andrew Kreisberg (/a/sexual-harassment-assault-allegations-list/andrew-kreisberg) George Takei (/a/sexual-harassment-assault-allegations-list/george-takei) 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 5/51 Steven Seagal (/a/sexual-harassment-assault-allegations-list/steven-seagal) Louis C.K. (/a/sexual-harassment-assault-allegations-list/louis-c-k) Matthew Weiner (/a/sexual-harassment-assault-allegations-list/matthew-weiner) Russell Simmons (/a/sexual-harassment-assault-allegations-list/russell-simmons) Robert Knepper (/a/sexual-harassment-assault-allegations-list/robert-knepper) Jeffrey Tambor (/a/sexual-harassment-assault-allegations-list/jeffrey-tambor) Ed Westwick (/a/sexual-harassment-assault-allegations-list/ed-westwick) Adam Venit (/a/sexual-harassment-assault-allegations-list/adam-venit) Danny Masterson (/a/sexual-harassment-assault-allegations-list/danny-masterson) Nick Carter (/a/sexual-harassment-assault-allegations-list/nick-carter) Brett Ratner (/a/sexual-harassment-assault-allegations-list/brett-ratner) Dustin Hoffman (/a/sexual-harassment-assault-allegations-list/dustin-hoffman) October 2017 Andy Dick (/a/sexual-harassment-assault-allegations-list/andy-dick) Jeremy Piven (/a/sexual-harassment-assault-allegations-list/jeremy-piven) Kevin Spacey (/a/sexual-harassment-assault-allegations-list/kevin-spacey) Kirt Webster (/a/sexual-harassment-assault-allegations-list/kirt-webster) Ken Baker (/a/sexual-harassment-assault-allegations-list/ken-baker) Ethan Kath (/a/sexual-harassment-assault-allegations-list/ethan-kath) James Toback (/a/sexual-harassment-assault-allegations-list/james-toback) David Blaine (/a/sexual-harassment-assault-allegations-list/david-blaine) Chris Savino (/a/sexual-harassment-assault-allegations-list/chris-savino) Bob Weinstein (/a/sexual-harassment-assault-allegations-list/bob-weinstein) Tyler Grasham (/a/sexual-harassment-assault-allegations-list/tyler-grasham) Lars von Trier (/a/sexual-harassment-assault-allegations-list/lars-von-trier) Roy Price (/a/sexual-harassment-assault-allegations-list/roy-price) Oliver Stone (/a/sexual-harassment-assault-allegations-list/oliver-stone) Ben Affleck (/a/sexual-harassment-assault-allegations-list/ben-affleck) Nelly (/a/sexual-harassment-assault-allegations-list/nelly) Harvey Weinstein (/a/sexual-harassment-assault-allegations-list/harvey-weinstein) August 2017 Hadrian Belove (/a/sexual-harassment-assault-allegations-list/hadrian-belove) Shadie Elnashai (/a/sexual-harassment-assault-allegations-list/shadie-elnashai) Roman Polanski (/a/sexual-harassment-assault-allegations-list/roman-polanski) July 2017 Robert \"R.\" Kelly (/a/sexual-harassment-assault-allegations-list/robert-r-kelly) Media There are 57 people in this category. Select a name or scroll down to view all: Publicly reported August 2018 Les Moonves (/a/sexual-harassment-assault-allegations-list/les-moonves) July 2018 Kimberly Guilfoyle (/a/sexual-harassment-assault-allegations-list/kimberly-guilfoyle) Antonin Kratochvil (/a/sexual-harassment-assault-allegations-list/antonin-kratochvil) Christian Rodriguez (/a/sexual-harassment-assault-allegations-list/christian-rodriguez) April 2018 Tom Brokaw (/a/sexual-harassment-assault-allegations-list/tom-brokaw) March 2018 Michael Ferro (/a/sexual-harassment-assault-allegations-list/michael-ferro) February 2018 Alex Jones (/a/sexual-harassment-assault-allegations-list/alex-jones) Ryan Seacrest (/a/sexual-harassment-assault-allegations-list/ryan-seacrest) Daniel Zwerdling (/a/sexual-harassment-assault-allegations-list/daniel-zwerdling) January 2018 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 6/51 Patrick Witty (/a/sexual-harassment-assault-allegations-list/patrick-witty) Dayan Candappa (/a/sexual-harassment-assault-allegations-list/dayan-candappa) Robert Moore (/a/sexual-harassment-assault-allegations-list/robert-moore) Ross Levinsohn (/a/sexual-harassment-assault-allegations-list/ross-levinsohn) James Rosen (/a/sexual-harassment-assault-allegations-list/james-rosen) Kevin Braun (/a/sexual-harassment-assault-allegations-list/kevin-braun) Steve Butts (/a/sexual-harassment-assault-allegations-list/steve-butts) H. Brandt Ayers (/a/sexual-harassment-assault-allegations-list/h-brandt-ayers) December 2017 Adrian Carrasquillo (/a/sexual-harassment-assault-allegations-list/adrian-carrasquillo) Andrew Creighton (/a/sexual-harassment-assault-allegations-list/andrew-creighton) Mike Germano (/a/sexual-harassment-assault-allegations-list/mike-germano) Rhys James (/a/sexual-harassment-assault-allegations-list/rhys-james) Jason Mojica (/a/sexual-harassment-assault-allegations-list/jason-mojica) Don Hazen (/a/sexual-harassment-assault-allegations-list/don-hazen) Leonard Lopate (/a/sexual-harassment-assault-allegations-list/leonard-lopate) Jonathan Schwartz (/a/sexual-harassment-assault-allegations-list/jonathan-schwartz) Tavis Smiley (/a/sexual-harassment-assault-allegations-list/tavis-smiley) Ryan Lizza (/a/sexual-harassment-assault-allegations-list/ryan-lizza) Marshall Faulk (/a/sexual-harassment-assault-allegations-list/marshall-faulk) Ike Taylor (/a/sexual-harassment-assault-allegations-list/ike-taylor) Heath Evans (/a/sexual-harassment-assault-allegations-list/heath-evans) Eric Weinberger (/a/sexual-harassment-assault-allegations-list/eric-weinberger) Donovan McNabb (/a/sexual-harassment-assault-allegations-list/donovan-mcnabb) Tom Ashbrook (/a/sexual-harassment-assault-allegations-list/tom-ashbrook) Dylan Howard (/a/sexual-harassment-assault-allegations-list/dylan-howard) Lorin Stein (/a/sexual-harassment-assault-allegations-list/lorin-stein) John Hockenberry (/a/sexual-harassment-assault-allegations-list/john-hockenberry) November 2017 Matt Lauer (/a/sexual-harassment-assault-allegations-list/matt-lauer) Garrison Keillor (/a/sexual-harassment-assault-allegations-list/garrison-keillor) Charlie Rose (/a/sexual-harassment-assault-allegations-list/charlie-rose) Glenn Thrush (/a/sexual-harassment-assault-allegations-list/glenn-thrush) Matt Zimmerman (/a/sexual-harassment-assault-allegations-list/matt-zimmerman) Kaj Larsen (/a/sexual-harassment-assault-allegations-list/kaj-larsen) Vince Ingenito (/a/sexual-harassment-assault-allegations-list/vince-ingenito) Jann Wenner (/a/sexual-harassment-assault-allegations-list/jann-wenner) Michael Hafford (/a/sexual-harassment-assault-allegations-list/michael-hafford) David Corn (/a/sexual-harassment-assault-allegations-list/david-corn) October 2017 Michael Oreskes (/a/sexual-harassment-assault-allegations-list/michael-oreskes) Hamilton Fish (/a/sexual-harassment-assault-allegations-list/hamilton-fish) Mark Halperin (/a/sexual-harassment-assault-allegations-list/mark-halperin) Leon Wieseltier (/a/sexual-harassment-assault-allegations-list/leon-wieseltier) Knight Landesman (/a/sexual-harassment-assault-allegations-list/knight-landesman) Lockhart Steele (/a/sexual-harassment-assault-allegations-list/lockhart-steele) September 2017 Harry Knowles (/a/sexual-harassment-assault-allegations-list/harry-knowles) Charles Payne (/a/sexual-harassment-assault-allegations-list/charles-payne) August 2017 Eric Bolling (/a/sexual-harassment-assault-allegations-list/eric-bolling) April 2017 Sean Hannity (/a/sexual-harassment-assault-allegations-list/sean-hannity) Bill O'Reilly (/a/sexual-harassment-assault-allegations-list/bill-o-reilly) Business & Tech 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 7/51 There are 18 people in this category. Select a name or scroll down to view all: Publicly reported October 2018 Andy Rubin (/a/sexual-harassment-assault-allegations-list/andy-rubin) Richard DeVaul (/a/sexual-harassment-assault-allegations-list/richard-devaul) Amit Singhal (/a/sexual-harassment-assault-allegations-list/amit-singhal) August 2018 Demos Parneros (/a/sexual-harassment-assault-allegations-list/demos-parneros) February 2018 Terdema Ussery (/a/sexual-harassment-assault-allegations-list/terdema-ussery) January 2018 Steve Wynn (/a/sexual-harassment-assault-allegations-list/steve-wynn) December 2017 Max Ogden (/a/sexual-harassment-assault-allegations-list/max-ogden) Harold Ford Jr. (/a/sexual-harassment-assault-allegations-list/harold-ford-jr) Sam Isaly (/a/sexual-harassment-assault-allegations-list/sam-isaly) November 2017 Shervin Pishevar (/a/sexual-harassment-assault-allegations-list/shervin-pishevar) Howie Rubin (/a/sexual-harassment-assault-allegations-list/howie-rubin) October 2017 Caleb Jennings (/a/sexual-harassment-assault-allegations-list/caleb-jennings) Robert Scoble (/a/sexual-harassment-assault-allegations-list/robert-scoble) Scott Courtney (/a/sexual-harassment-assault-allegations-list/scott-courtney) June 2017 Chris Sacca (/a/sexual-harassment-assault-allegations-list/chris-sacca) Dave McClure (/a/sexual-harassment-assault-allegations-list/dave-mcclure) Justin Caldbeck (/a/sexual-harassment-assault-allegations-list/justin-caldbeck) Travis Kalanick (/a/sexual-harassment-assault-allegations-list/travis-kalanick) Politics There are 46 people in this category. Select a name or scroll down to view all: Publicly reported November 2018 Eric Bauman (/a/sexual-harassment-assault-allegations-list/eric-bauman) October 2018 Albert J. Alvarez (/a/sexual-harassment-assault-allegations-list/albert-j-alvarez) September 2018 Charles Schwertner (/a/sexual-harassment-assault-allegations-list/charles-schwertner) Brett Kavanaugh (/a/sexual-harassment-assault-allegations-list/brett-kavanaugh) David Keyes (/a/sexual-harassment-assault-allegations-list/david-keyes) August 2018 Tom Frieden (/a/sexual-harassment-assault-allegations-list/tom-frieden) Nick Sauer (/a/sexual-harassment-assault-allegations-list/nick-sauer) July 2018 Corey Coleman (/a/sexual-harassment-assault-allegations-list/corey-coleman) Mel Watt (/a/sexual-harassment-assault-allegations-list/mel-watt) Curtis Hill (/a/sexual-harassment-assault-allegations-list/curtis-hill) May 2018 Eric Schneiderman (/a/sexual-harassment-assault-allegations-list/eric-schneiderman) Clay Johnson (/a/sexual-harassment-assault-allegations-list/clay-johnson) April 2018 Tony C\u00e1rdenas (/a/sexual-harassment-assault-allegations-list/tony-cardenas) Benton Strong (/a/sexual-harassment-assault-allegations-list/benton-strong) Benjamin Sparks (/a/sexual-harassment-assault-allegations-list/benjamin-sparks) February 2018 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 8/51 Nicholas Kettle (/a/sexual-harassment-assault-allegations-list/nicholas-kettle) Ed Crane (/a/sexual-harassment-assault-allegations-list/ed-crane) Cristina Garcia (/a/sexual-harassment-assault-allegations-list/cristina-garcia) January 2018 Burns Strider (/a/sexual-harassment-assault-allegations-list/burns-strider) Patrick Meehan (/a/sexual-harassment-assault-allegations-list/patrick-meehan) Jeffrey Klein (/a/sexual-harassment-assault-allegations-list/jeffrey-klein) Eric Greitens (/a/sexual-harassment-assault-allegations-list/eric-greitens) December 2017 Corey Lewandowski (/a/sexual-harassment-assault-allegations-list/corey-lewandowski) Andrea Ramsey (/a/sexual-harassment-assault-allegations-list/andrea-ramsey) Bobby Scott (/a/sexual-harassment-assault-allegations-list/bobby-scott) Ed Murray (/a/sexual-harassment-assault-allegations-list/ed-murray) Dan Johnson (/a/sexual-harassment-assault-allegations-list/dan-johnson) Alex Kozinski (/a/sexual-harassment-assault-allegations-list/alex-kozinski) Trent Franks (/a/sexual-harassment-assault-allegations-list/trent-franks) Borris Miles (/a/sexual-harassment-assault-allegations-list/borris-miles) Carlos Uresti (/a/sexual-harassment-assault-allegations-list/carlos-uresti) Matt Dababneh (/a/sexual-harassment-assault-allegations-list/matt-dababneh) Rub\u00e9n Kihuen (/a/sexual-harassment-assault-allegations-list/ruben-kihuen) November 2017 Blake Farenthold (/a/sexual-harassment-assault-allegations-list/blake-farenthold) John Conyers (/a/sexual-harassment-assault-allegations-list/john-conyers) Wesley Goodman (/a/sexual-harassment-assault-allegations-list/wesley-goodman) Al Franken (/a/sexual-harassment-assault-allegations-list/al-franken) Jeff Kruse (/a/sexual-harassment-assault-allegations-list/jeff-kruse) Calvin Smyre (/a/sexual-harassment-assault-allegations-list/calvin-smyre) Steve Lebsock (/a/sexual-harassment-assault-allegations-list/steve-lebsock) Roy Moore (/a/sexual-harassment-assault-allegations-list/roy-moore) Dwayne Duron Marshall (/a/sexual-harassment-assault-allegations-list/dwayne-duron-marshall) Tony Mendoza (/a/sexual-harassment-assault-allegations-list/tony-mendoza) October 2017 Raul Bocanegra (/a/sexual-harassment-assault-allegations-list/raul-bocanegra) George H.W. Bush (/a/sexual-harassment-assault-allegations-list/george-h-w-bush) Donald Trump (/a/sexual-harassment-assault-allegations-list/donald-trump) Other There are 40 people in this category. Select a name or scroll down to view all: Publicly reported September 2018 Cody Wilson (/a/sexual-harassment-assault-allegations-list/cody-wilson) August 2018 Ron Carlson (/a/sexual-harassment-assault-allegations-list/ron-carlson) Avital Ronell (/a/sexual-harassment-assault-allegations-list/avital-ronell) June 2018 Francisco Ayala (/a/sexual-harassment-assault-allegations-list/francisco-ayala) Mark Mellor (/a/sexual-harassment-assault-allegations-list/mark-mellor) May 2018 Roland G. Fryer, Jr. (/a/sexual-harassment-assault-allegations-list/roland-g-fryer-jr) George Tyndall (/a/sexual-harassment-assault-allegations-list/george-tyndall) April 2018 William Jacoby (/a/sexual-harassment-assault-allegations-list/william-jacoby) March 2018 William Strampel (/a/sexual-harassment-assault-allegations-list/william-strampel) Keith Raniere (/a/sexual-harassment-assault-allegations-list/keith-raniere) 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 9/51 Bill Hybels (/a/sexual-harassment-assault-allegations-list/bill-hybels) Robert Reece (/a/sexual-harassment-assault-allegations-list/robert-reece) Mike Isabella (/a/sexual-harassment-assault-allegations-list/mike-isabella) February 2018 Jorge Dom\u00ednguez (/a/sexual-harassment-assault-allegations-list/jorge-dominguez) Lawrence Krauss (/a/sexual-harassment-assault-allegations-list/lawrence-krauss) Michael Feinberg (/a/sexual-harassment-assault-allegations-list/michael-feinberg) Earl K. Sneed (/a/sexual-harassment-assault-allegations-list/earl-k-sneed) Sean Hutchison (/a/sexual-harassment-assault-allegations-list/sean-hutchison) Alec Klein (/a/sexual-harassment-assault-allegations-list/alec-klein) January 2018 Paul Shapiro (/a/sexual-harassment-assault-allegations-list/paul-shapiro) Wayne Pacelle (/a/sexual-harassment-assault-allegations-list/wayne-pacelle) John Kenneally (/a/sexual-harassment-assault-allegations-list/john-kenneally) Mohamed Muqtar (/a/sexual-harassment-assault-allegations-list/mohamed-muqtar) Jeremy Tooker (/a/sexual-harassment-assault-allegations-list/jeremy-tooker) Andy Savage (/a/sexual-harassment-assault-allegations-list/andy-savage) December 2017 Charlie Hallowell (/a/sexual-harassment-assault-allegations-list/charlie-hallowell) Brad Kern (/a/sexual-harassment-assault-allegations-list/brad-kern) Ken Friedman (/a/sexual-harassment-assault-allegations-list/ken-friedman) Mario Batali (/a/sexual-harassment-assault-allegations-list/mario-batali) November 2017 Larry Nassar (/a/sexual-harassment-assault-allegations-list/larry-nassar) Andr\u00e9 Balazs (/a/sexual-harassment-assault-allegations-list/andre-balazs) October 2017 Todd Heatherton (/a/sexual-harassment-assault-allegations-list/todd-heatherton) William Kelley (/a/sexual-harassment-assault-allegations-list/william-kelley) Paul Whalen (/a/sexual-harassment-assault-allegations-list/paul-whalen) Erick Guerrero (/a/sexual-harassment-assault-allegations-list/erick-guerrero) John Besh (/a/sexual-harassment-assault-allegations-list/john-besh) David Marchant (/a/sexual-harassment-assault-allegations-list/david-marchant) September 2017 T. Florian Jaeger (/a/sexual-harassment-assault-allegations-list/t-florian-jaeger) April 2017 Cristiano Ronaldo (/a/sexual-harassment-assault-allegations-list/cristiano-ronaldo) October 2014 Neil deGrasse Tyson (/a/sexual-harassment-assault-allegations-list/neil-degrasse-tyson) Back to 1 / 101 Nicholas Nixon (/a/sexual-harassment-assault-allegations-list/nicholas-nixon) Photographer; former photography professor, Massachusetts College of Art and Design Publicly reported April 4, 2018 Multiple former students have said that Nixon made inappropriate comments, sent them inappropriate emails, or asked them to pose nude retired from MassArt and is the subject of a Title investigation. Sources/more info: 1 ( 2 ( \u201cIt felt like the conversation always led back to sex.\u201d \u2014 anonymous, to the Boston Globe ( far/9O4Yyd0CBlGSiW33Tb8tcI/story.html) 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 10/51 \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf Back to 1 / 57 Les Moonves (/a/sexual-harassment-assault-allegations-list/les-moonves) Former Publicly reported August 6, 2018 Multiple women have said he sexually harassed or assaulted them. He has stepped down from CBS. Sources/more info: 1 ( 2 ( 3 ( \u201cWhat happened to me was a sexual assault, and then was fired for not participating.\u201d \u2014 Illeana Douglas, actress and writer ( misconduct) Kimberly Guilfoyle (/a/sexual-harassment-assault-allegations- list/kimberly-guilfoyle) Former Fox News host Publicly reported July 27, 2018 Multiple people have said she showed colleagues photographs of male genitals, discussed sexual matters at work, or was emotionally abusive. She has left Fox News. Sources/more info: 1 ( \u201cSix sources said Guilfoyle\u2019s behavior included showing personal photographs of male genitalia to colleagues (and identifying whose genitals they were)\u201d \u2014 Yashar Ali, HuffPost ( Antonin Kratochvil (/a/sexual-harassment-assault-allegations-list/antonin- kratochvil) Photojournalist Publicly reported July 16, 2018 Multiple people have said he harassed and groped them or others. He has resigned from the photo agency he helped found. Sources/more info: 1 ( 2 ( [\u2026] didn\u2019t say anything because didn\u2019t want to be seen as, you know, the cliched hysterical woman complaining about things.\u201d \u2014 Anastasia Taylor-Lind, photojournalist ( Christian Rodriguez (/a/sexual-harassment-assault-allegations- list/christian-rodriguez) Photojournalist Publicly reported July 16, 2018 Multiple women say he sexually harassed them, in many cases after offering them mentorship or a job. He has been dropped by the prestigious photographers' collective Prime. Sources/more info: 1 ( 2 ( 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 11/51 \u201cHe jumped on the bed, he was on top of me, making pictures.\u201d \u2014 Lina Botero, photographer ( Tom Brokaw (/a/sexual-harassment-assault-allegations-list/tom-brokaw) Journalist; former anchor Nightly News Publicly reported April 26, 2018 Three women have said he made unwanted advances toward them in the 1990s. Sources/more info: 1 ( 2 ( 3 ( felt powerless to say no. He could ruin my career.\u201d \u2014 Linda Vester, former correspondent ( Michael Ferro (/a/sexual-harassment-assault-allegations-list/michael- ferro) Former chair, Tronc Publicly reported March 19, 2018 Two women have said Ferro subjected them to unwanted kissing or touching in what they thought were business meetings. Others have said he behaved inappropriately with female employees. He has resigned from Tronc. Sources/more info: 1 ( suddenly realized that was alone in this apartment with him and that it might not be very easy to leave.\u201d \u2014 Kathryn Minshew, startup co-founder ( Alex Jones (/a/sexual-harassment-assault-allegations-list/alex-jones) Founder, Infowars Publicly reported February 28, 2018 woman has reported that he groped her, sexually harassed her, and made a racist comment toward her, as well as created a hostile work environment for other women. Sources/more info: 1 ( knew that he had specifically touched my behind at that moment as a sly come-on that other people may not notice.\u201d \u2014 Ashley Beckford, former production assistant, Free Speech Systems ( claim-Alex-Jones-harassed-them.html) Ryan Seacrest (/a/sexual-harassment-assault-allegations-list/ryan- seacrest host Publicly reported February 26, 2018 woman has reported that he sexually harassed and assaulted her, including groping her and grinding his genitals against her. Sources/more info: 1 ( \u201cAs proud as am and as strong as a woman as am, as smart as am and as much work as I\u2019ve done with therapists, it really affected me.\u201d \u2014 Suzie Hardy, stylist ( Daniel Zwerdling (/a/sexual-harassment-assault-allegations-list/daniel- zwerdling) Former investigative correspondent 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 12/51 Publicly reported February 6, 2018 Multiple people have reported that he sexually harassed them or engaged in inappropriate behavior. He has retired from NPR. Sources/more info: 1 ( 2 ( claim) \u201cNow I\u2019m literally afraid of men in the workplace.\u201d \u2014 anonymous, to Current ( Patrick Witty (/a/sexual-harassment-assault-allegations-list/patrick- witty) Photojournalist; former National Geographic photographer Publicly reported January 29, 2018 Multiple women say he subjected them to unwanted kissing or advances. He no longer works at National Geographic. Sources/more info: 1 ( \u201cIt felt like he didn\u2019t take me or my work seriously.\u201d \u2014 Andrea Wise, photographer and editor ( Dayan Candappa (/a/sexual-harassment-assault-allegations-list/dayan- candappa) Chief content officer, Newsweek Media Group; former Americas editor, Reuters Publicly reported January 29, 2018 subordinate at Reuters reported that he repeatedly sexually harassed her. He was removed from his job at Reuters. Newsweek placed him on leave after the Reuters case became public, but reinstated him after an investigation. Sources/more info: 1 ( 2 ( \u201cThe next day in the office, he told her she was \u2018heartbreakingly beautiful,\u2019 according to the complaint.\u201d \u2014 Rossalyn Warren, BuzzFeed News ( Robert Moore (/a/sexual-harassment-assault-allegations-list/robert- moore) Former managing editor, New York Daily News Publicly reported January 22, 2018 Multiple former employees have said he sexually harassed co-workers. He has been fired. Sources/more info: 1 ( 2 ( 3 ( \u201cHe had all the power there.\u201d \u2014 anonymous, to HuffPost ( Ross Levinsohn (/a/sexual-harassment-assault-allegations-list/ross- levinsohn) Former publisher, Los Angeles Times Publicly reported January 18, 2018 He has been sued in two separate sexual harassment lawsuits. He was placed on unpaid leave at the Los Angeles Times, and then resigned. After an investigation cleared him, he was named of a new unit within the Times\u2019s parent company, Tronc. Sources/more info: 1 ( 2 ( 3 ( 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 13/51 4 ( \u201cRoss created a definite frat boys' club [\u2026] They openly would rate women.\u201d \u2014 Jessie Dennen, former recruitment chief, Alta Vista ( publisher-s-career) James Rosen (/a/sexual-harassment-assault-allegations-list/james-rosen) Former chief Washington correspondent, Fox News Publicly reported January 10, 2018 Multiple women have reported that he made unwanted advances toward them. He has left Fox News. Sources/more info: 1 ( \u201cIn a shared cab ride back from a meal, Rosen groped her, grabbing her breast. After she rebuffed his advance, Rosen sought to steal away her sources and stories related to his interests in diplomacy and national security.\u201d \u2014 David Folkenflik ( Kevin Braun (/a/sexual-harassment-assault-allegations-list/kevin-braun) Former editor-in-chief News Publicly reported January 5, 2018 He has been placed on leave to complete treatment for inappropriate behavior, including sexual harassment. Sources/more info: 1 ( \u201cHe will be on an indefinite leave of at least six months to address personal matters that have negatively affected his relationship with the company and our staff.\u201d \u2014 Michael Witt, publisher News ( Steve Butts (/a/sexual-harassment-assault-allegations-list/steve-butts) Former editor-in-chief Publicly reported January 3, 2018 An employee has reported that he committed sexual harassment, and a former employee says he mishandled her report of sexual harassment by another co-worker. He has been fired. Sources/more info: 1 ( utm_campaign=Socialflow_Kotaku_Twitter&utm_source=Kotaku_Twitter&utm_medium=Socialflow) \u201cHe told me, \u2018Don\u2019t be so uptight about it.\u2019\u201d \u2014 Kallie Plagge, editor ( utm_campaign=Socialflow_Kotaku_Twitter&utm_source=Kotaku_Twitter&utm_medium=Socialflow) H. Brandt Ayers (/a/sexual-harassment-assault-allegations-list/h-brandt- ayers) Chair of the Consolidated Publishing Company, which publishes the Anniston Star Publicly reported January 1, 2018 Multiple women say he spanked them against their will when they worked with him at the Anniston Star in Anniston, Alabama. Sources/more info: 1 ( 2 ( a7243e990784.html) 3 ( spanking-female-employees-in-1970s/?utm_term=.edb39ca6070f) 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 14/51 was still determined to be a reporter after that. [\u2026] But hated Brandy Ayers with every cell in my body.\u201d \u2014 Veronica Pike Kennedy, former Anniston Star reporter ( in-s/article_097db56a-ef17-11e7-ac32-a7243e990784.html) Adrian Carrasquillo (/a/sexual-harassment-assault-allegations-list/adrian- carrasquillo) Former White House correspondent, BuzzFeed News Publicly reported December 27, 2017 co-worker reported receiving an inappropriate message from him. He has been fired. Sources/more info: 1 ( 2 ( \u201cIn responding to a complaint filed last week by an employee, we learned that Adrian violated our Code of Conduct by sending an inappropriate message to a colleague.\u201d \u2014 BuzzFeed spokesperson, to Business Insider ( following-harassment-claims-2017-12) Andrew Creighton (/a/sexual-harassment-assault-allegations-list/andrew- creighton) President, Vice Media Publicly reported December 23, 2017 woman said she was fired after she turned down a sexual relationship with him. He has been placed on leave. Sources/more info: 1 ( 2 ( \u201cThere is a toxic environment where men can say the most disgusting things, joke about sex openly, and overall a toxic environment where women are treated far inferior than men.\u201d \u2014 Sandra Miller, former head of branded production, Vice Media ( _r=0) Mike Germano (/a/sexual-harassment-assault-allegations-list/mike- germano) Chief digital officer, Vice Media Publicly reported December 23, 2017 Two women have reported that he made inappropriate comments or touched them inappropriately. He has been fired. Sources/more info: 1 ( 2 ( 3 ( \u201cMany women join at an early and vulnerable point in their career. For some, sexual harassment and conscious and unconscious prejudice have overshadowed their future in journalism and severely damaged their confidence.\u201d \u2014 Vice workers, in an open letter ( Rhys James (/a/sexual-harassment-assault-allegations-list/rhys-james) Producer, Vice Media Publicly reported December 23, 2017 woman reported that he made racist and sexist comments to her. He has been placed on leave. Sources/more info: 1 ( 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 15/51 \u201cAmong Ms. Fuertes-Knight\u2019s claims were that a Vice producer, Rhys James, had made racist and sexist statements to her, including asking about the color of her nipples and whether she slept with black men.\u201d \u2014 Emily Steel, New York Times ( Jason Mojica (/a/sexual-harassment-assault-allegations-list/jason-mojica) Former head of Vice News Publicly reported December 23, 2017 Multiple women have reported that he subjected them to unwanted touching or advances, or retaliated after a sexual relationship. He has been fired. Sources/more info: 1 ( \u201cAs women, we get harassed everywhere and we don\u2019t feel compelled to report it because it\u2019s not considered a reportable offense.\" \u2014 Abby Ellis, journalist ( Don Hazen (/a/sexual-harassment-assault-allegations-list/don-hazen) Former executive editor, AlterNet Publicly reported December 21, 2017 Multiple women say he sexually harassed them. He has resigned. Sources/more info: 1 ( 2 ( \u201cEvery in-person meeting had with him, which understood to be a requirement of my employment, felt like an excuse for him to sexually harass me.\u201d \u2014 Laura Gottesdiener, journalist ( Leonard Lopate (/a/sexual-harassment-assault-allegations-list/leonard- lopate) Former radio host Publicly reported December 21, 2017 Multiple people say he made inappopriate comments or sexually harassed them. He has been fired. Sources/more info: 1 ( \u201cLeonard definitely said inappropriate things to me and my coworkers lot.\u201d \u2014 anonymous, to ( Jonathan Schwartz (/a/sexual-harassment-assault-allegations- list/jonathan-schwartz) Former radio host Publicly reported December 21, 2017 Two women say he made inappopriate comments to them, and one of them says he also touched her in an unwelcome way. He has been fired. Sources/more info: 1 ( \u201cIt wasn\u2019t the least bit traumatic. It was inappropriate.\u201d \u2014 Kerry Nolan, radio host ( Tavis Smiley (/a/sexual-harassment-assault-allegations-list/tavis-smiley) Host, Tavis Smiley 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 16/51 Publicly reported December 13, 2017 Multiple people have said he had sexual relationships with subordinates and created an abusive and threatening environment. His show has been suspended. Sources/more info: 1 ( \u201cSome witnesses interviewed expressed concern that their employment status was linked to the status of a sexual relationship with Smiley.\u201d \u2014 Daniel Holloway, Variety ( Ryan Lizza (/a/sexual-harassment-assault-allegations-list/ryan-lizza) Former reporter, New Yorker Publicly reported December 11, 2017 woman has said he engaged in sexual misconduct. He has been fired by the New Yorker. Sources/more info: 1 ( 2 ( \u201cOur client reported Mr. Lizza\u2019s actions to ensure that he would be held accountable and in the hope that by coming forward she would help other potential victims.\u201d \u2014 Douglas H. Wigdor, lawyer for the accuser ( Marshall Faulk (/a/sexual-harassment-assault-allegations-list/marshall- faulk) Analyst Network; former player Publicly reported December 11, 2017 woman has reported that he sexually harassed her. He has been suspended by the Network. Sources/more info: 1 ( \u201cFaulk would ask Cantor \u2018deeply personal and invasive questions\u2019 about her sex life; he also fondled her breasts and groped her behind, according to the complaint.\u201d \u2014 Jordyn Holman and Scott Soshnick, Bloomberg ( executive-ex-players) Ike Taylor (/a/sexual-harassment-assault-allegations-list/ike-taylor) Analyst Network; former player Publicly reported December 11, 2017 woman has reported that he sexually harassed her. He has been suspended by the Network. Sources/more info: 1 ( \u201cTaylor sent Cantor \u2018sexually inappropriate\u2019 pictures and a video of him masturbating in the shower, according to the filing.\u201d \u2014 Jordyn Holman and Scott Soshnick, Bloomberg ( executive-ex-players) Heath Evans (/a/sexual-harassment-assault-allegations-list/heath-evans) Analyst Network; former player Publicly reported December 11, 2017 woman has reported that he sexually harassed her. He has been suspended by the Network. Sources/more info: 1 ( 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 17/51 \u201cIt\u2019s outrageous conduct.\u201d \u2014 Laura Horton, lawyer for Jami Cantor, a former Network stylist who is alleging sexual harassment ( Eric Weinberger (/a/sexual-harassment-assault-allegations-list/eric- weinberger) President, the Ringer; former Network executive producer Publicly reported December 11, 2017 woman has reported that he sexually harassed her. He has been suspended by the Ringer. Sources/more info: 1 ( \u201cWeinberger sent \u2018several nude pictures of himself and sexually explicit texts\u2019 and told Cantor she was \u2018put on earth to pleasure me,\u2019 according to the complaint.\u201d \u2014 Jordyn Holman and Scott Soshnick, Bloomberg ( executive-ex-players) Donovan McNabb (/a/sexual-harassment-assault-allegations-list/donovan- mcnabb) Analyst, ESPN; former player Publicly reported December 11, 2017 woman has reported that he sexually harassed her. He has been suspended by ESPN. Sources/more info: 1 ( \u201cDonovan McNabb, a former analyst, also texted her explicit comments, according to the complaint.\u201d \u2014 Jordyn Holman and Scott Soshnick, Bloomberg ( executive-ex-players) Tom Ashbrook (/a/sexual-harassment-assault-allegations-list/tom- ashbrook) Former radio host Publicly reported December 8, 2017 More than 20 current and former employees have said he verbally abused or intimidated them, or subjected them to unwanted touching. After an investigation, he has been fired. Sources/more info: 1 ( 2 ( 3 ( 4 ( worry that Tom\u2019s behavior discourages young women from continuing in journalism.\" \u2014 anonymous, to ( Dylan Howard (/a/sexual-harassment-assault-allegations-list/dylan- howard) Editor, National Enquirer, Us Weekly, and other publications Publicly reported December 6, 2017 Multiple former employees said he sexually harassed women at work. Sources/more info: 1 ( \u201cIt\u2019s almost like had Stockholm syndrome.\u201d \u2014 anonymous, to the ( Lorin Stein (/a/sexual-harassment-assault-allegations-list/lorin-stein) Former editor, Paris Review 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 18/51 Publicly reported December 6, 2017 Multiple people have said he made unwanted advances on them, fostered a workplace culture in which looks mattered more than work, or had sex with subordinates. He has resigned. Sources/more info: 1 ( \u201cHe wanted us to be pretty, he wanted us to act that role, and if we didn\u2019t, we weren\u2019t in the light of favor.\u201d \u2014 Deirdre Foley-Mendelssohn, editor ( John Hockenberry (/a/sexual-harassment-assault-allegations-list/john- hockenberry) Retired radio host Publicly reported December 1, 2017 Multiple women have said he sexually harassed them or sent unwanted sexual or suggestive messages. He has retired. Sources/more info: 1 ( \u201cHe\u2019d been very supportive of me, and thought he\u2019d only been like that because he wanted to sleep with me.\u201d \u2014 anonymous, to the Cut ( Matt Lauer (/a/sexual-harassment-assault-allegations-list/matt-lauer) Former anchor, Today show Publicly reported November 29, 2017 Multiple women have reported that he sexually harassed or assaulted them, including one who said she passed out during an assault. He has been fired from NBC. Sources/more info: 1 ( 2 ( 3 ( action=Click&contentCollection=BreakingNews&contentID=66154191&pgtype=Homepage&_r=0) \u201cHe couldn\u2019t sleep around town with celebrities or on the road with random people, because he\u2019s Matt Lauer and he\u2019s married. So he\u2019d have to do it within his stable, where he exerted power, and he knew people wouldn\u2019t ever complain.\u201d \u2014 anonymous, to Variety ( Garrison Keillor (/a/sexual-harassment-assault-allegations-list/garrison- keillor) Founding host Prairie Home Companion Publicly reported November 29, 2017 woman reported that he subjected her to unwanted sexual touching. He has been dropped by Minnesota Public Radio and the Washington Post syndicate. Sources/more info: 1 ( 2 ( 3 ( utm_term=.861a89aa22f1) 4 ( womans-bare-back/?utm_term=.a40b5a33fa3a) \u201cMinnesota Public Radio (MPR) is terminating its contracts with Garrison Keillor and his private media companies after recently learning of allegations of his inappropriate behavior with an individual who worked with him.\u201d \u2014 Minnesota Public Radio statement ( a-prairie-home-compa) 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 19/51 Charlie Rose (/a/sexual-harassment-assault-allegations-list/charlie-rose) Former anchor This Morning; former host, Charlie Rose Publicly reported November 20, 2017 Multiple women have said that he sexually harassed them. He has been fired by CBS, PBS, and Bloomberg. Sources/more info: 1 ( calls/2017/11/20/9b168de8-caec-11e7-8321-481fd63f174d_story.html?utm_term=.879296022b7a) 2 ( n822691) \u201cEverybody is terrified of him. [\u2026] He creates this environment of constant fear. And then he\u2019ll shine a spotlight on you and make you feel amazing.\u201d \u2014 anonymous, to the Washington Post ( nudity-groping-and-lewd-calls/2017/11/20/9b168de8-caec-11e7-8321-481fd63f174d_story.html?utm_term=.aa939cb97a9d) Glenn Thrush (/a/sexual-harassment-assault-allegations-list/glenn-thrush) Reporter, New York Times Publicly reported November 20, 2017 Multiple women have said that he made unwanted advances toward them. He was suspended by the New York Times and removed from the White House beat. Sources/more info: 1 ( 2 ( hate feeling obligated to make him think think everything is fine. [\u2026] It\u2019s been this thing hanging over me feel like have to be nice to this person just because he knows people.\u201d \u2014 anonymous, to Vox ( Matt Zimmerman (/a/sexual-harassment-assault-allegations-list/matt- zimmerman) Former executive News Publicly reported November 16, 2017 Multiple people have said he pursued relationships with young women who worked with him, and sent inappropriate text messages. He has been fired. Sources/more info: 1 ( 2 ( \u201cWe have recently learned that Matt Zimmerman engaged in inappropriate conduct with more than one woman at NBCU, which violated company policy. As a result, he has been dismissed News spokesperson ( Kaj Larsen (/a/sexual-harassment-assault-allegations-list/kaj-larsen) Former bureau chief, Vice Publicly reported November 15, 2017 woman has reported that he subjected her to unwanted touching and inappropriate sexual comments. He is no longer at the company. Sources/more info: 1 ( \u201cIt felt like a threat. [\u2026] The way he looked at me, the way he grabbed my arm remember feeling scared.\u201d \u2014 Phoebe Barghouty, former Vice associate producer ( harassment-culture) 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 20/51 Vince Ingenito (/a/sexual-harassment-assault-allegations-list/vince- ingenito) Former editor Publicly reported November 13, 2017 woman has reported that he sexually harassed her and a female co-worker. In March, he said he had been laid off. Sources/more info: 1 ( \u201cIt got to the point where couldn\u2019t work for multiple hours a day because was having panic attacks, so decided to quit.\u201d \u2014 Kallie Plagge, editor ( Jann Wenner (/a/sexual-harassment-assault-allegations-list/jann-wenner) Publisher, Rolling Stone Publicly reported November 10, 2017 Multiple people have said he sexually harassed or assaulted them or subjected them to unwanted advances or touching. Sources/more info: 1 ( 2 ( hadn\u2019t known exactly how violating sexual harassment really was until felt the pull inside myself as he dangled that contract in front of my face (at the time was quite desperate for work), while on the other hand was filled with revulsion over his proposition.\u201d \u2014 Ben Ryan, writer ( Michael Hafford (/a/sexual-harassment-assault-allegations-list/michael- hafford) Freelance writer; former \"Male Feminist\" columnist at Broadly, a Vice Media site Publicly reported November 3, 2017 Multiple women have reported that he raped or abused them. He has been banned from contributing to Vice websites. Sources/more info: 1 ( think was in very deep denial that somebody who everybody knows and likes his writing would be capable of hurting me that much.\u201d \u2014 Helen Donahue, former Vice writer and social media editor ( David Corn (/a/sexual-harassment-assault-allegations-list/david-corn bureau chief, Mother Jones Publicly reported November 2, 2017 Multiple people have said he engaged in inappropriate workplace behavior, including unwanted touching and rape jokes. Mother Jones investigated previous reports, and did so again when new information surfaced, finding no misconduct. Sources/more info: 1 ( \u201cIn the summer and fall of 2014, some women staffers reported that they had quit pitching stories involving rape because David\u2019s reactions made them so uncomfortable.\u201d \u2014 a former Mother Jones staffer ( Michael Oreskes (/a/sexual-harassment-assault-allegations-list/michael- oreskes) Former senior vice president of news and editorial director, NPR; former editor, New York Times Publicly reported October 31, 2017 Multiple women have reported that he sexually harassed them. He has resigned from NPR. 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 21/51 Sources/more info: 1 ( 959c-fe2b598d8c00_story.html?utm_term=.b4dda71446b3) 2 ( \u201cThe worst part of my whole encounter with Oreskes wasn\u2019t the weird offers of room service lunch or the tongue kiss but the fact that he utterly destroyed my ambition.\u201d \u2014 anonymous, to the Washington Post ( women/2017/10/31/a2078bea-bdf7-11e7-959c-fe2b598d8c00_story.html?utm_term=.b4dda71446b3) Hamilton Fish (/a/sexual-harassment-assault-allegations-list/hamilton- fish) Former publisher, the New Republic; former president, the Nation Institute Publicly reported October 29, 2017 Multiple people said he subjected female employees to inappropriate remarks, touching, and unfair treatment. He has resigned from the New Republic. Sources/more info: 1 ( 2 ( 3 ( \u201cIt all took place against a backdrop where there was no personnel handbook and no one in an role.\u201d \u2014 anonymous, to HuffPost ( women_us_59f79183e4b0c0c8e67c258e) Mark Halperin (/a/sexual-harassment-assault-allegations-list/mark- halperin) Political journalist and author Publicly reported October 25, 2017 Multiple women have reported that he sexually harassed them, in some cases by pressing his genitals against them. He has been dismissed by News and MSNBC, and a book and project have been canceled. Sources/more info: 1 ( 2 ( 3 ( \u201cFor the last 11 years have had to watch this guy find success in every other news organization.\u201d \u2014 anonymous, to ( Leon Wieseltier (/a/sexual-harassment-assault-allegations-list/leon- wieseltier) Former literary editor, the New Republic; founding editor, Idea Journal of Politics and Culture Publicly reported October 24, 2017 Multiple women have said he sexually harassed them. The magazine he was to head has been shuttered. Sources/more info: 1 ( 2 ( 3 ( 4 ( didn\u2019t feel like there was ever any recourse for his behavior, because he was treated as a powerful, even untouchable, person, certainly more important and indispensable than me.\u201d \u2014 Katherine Marsh, writer ( Knight Landesman (/a/sexual-harassment-assault-allegations-list/knight- landesman) Former publisher, Artforum 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 22/51 Publicly reported October 24, 2017 Multiple women and men have accused him of sexual harassment or unwanted touching. He has resigned. Sources/more info: 1 ( 2 ( \u201cWhenever I\u2019d see him my body would contract in fear so started avoiding him.\u201d \u2014 anonymous ( Lockhart Steele (/a/sexual-harassment-assault-allegations-list/lockhart- steele) Former editorial director, Vox Media Publicly reported October 20, 2017 former employee has reported unwanted kissing and touching by him. He has been fired. Sources/more info: 1 ( 2 ( \u201c[S]uddenly, in the dark corner of the car, he was kissing my neck.\u201d \u2014 Eden Rohatensky, developer ( 119f0cbd3f07) Harry Knowles (/a/sexual-harassment-assault-allegations-list/harry- knowles) Founder, Ain't It Cool News Publicly reported September 23, 2017 Multiple women have reported that he sexually harassed or assaulted them. He has stepped down from Ain\u2019t It Cool News. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cHarry sexually harassed me. He has sexually harassed other women in this community for years. This wasn\u2019t an anomaly. He is a predator.\u201d \u2014 Britt Hayes, film writer ( ) Charles Payne (/a/sexual-harassment-assault-allegations-list/charles- payne) Host, Fox Business; contributor, Fox News Publicly reported September 18, 2017 woman says that he raped her, and that Fox retaliated against her when she reported the experience. Payne was suspended but has returned to work following an investigation. Sources/more info: 1 ( 2 ( \u201cIn July of 2013 was raped by Charles Payne. [\u2026] In July of 2017 was raped again by Fox News.\u201d \u2014 Scottie Nell Hughes, political commentator ( _r=0&referer= Eric Bolling (/a/sexual-harassment-assault-allegations-list/eric-bolling) Former host, Fox News Publicly reported August 4, 2017 Multiple people say he sent unsolicited photos of male genitals to at least 3 colleagues. He has left Fox News, and his show has been canceled. 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 23/51 Sources/more info: 1 ( 2 ( 3 ( \u201cThe women did not solicit the messages, which they told colleagues were deeply upsetting and offensive.\u201d \u2014 Yashar Ali, HuffPost ( Sean Hannity (/a/sexual-harassment-assault-allegations-list/sean-hannity) Host, Fox News Publicly reported April 21, 2017 former Fox News guest has said he asked her to come back to his hotel, and did not invite her back on his show after she refused. Sources/more info: 1 ( 2 ( 3 ( \u201cAfter said wouldn\u2019t go to his hotel was blacklisted from Fox News.\u201d \u2014 Debbie Schlussel, lawyer and blogger ( n750211) Bill O'Reilly (/a/sexual-harassment-assault-allegations-list/bill-o-reilly) Former host, Fox News Publicly reported April 1, 2017 Multiple women have said he sexually harassed them. He has been fired from Fox News. Sources/more info: 1 ( 2 ( 3 ( \u201cIt was like street harassment in the office.\u201d \u2014 Perquita Burgess, former Fox temp worker ( 995841) \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf Back to 1 / 18 Andy Rubin (/a/sexual-harassment-assault-allegations-list/andy-rubin) Former Google executive Publicly reported October 25, 2018 Google employee accused him of coercing her into oral sex, and a company investigation found her claim credible, according to two Google executives. He resigned from Google in 2014 with a $90 million exit package. Sources/more info: 1 ( \u201cShe agreed to meet him at a hotel, where she said he pressured her into oral sex.\u201d \u2014 New York Times ( Richard DeVaul (/a/sexual-harassment-assault-allegations-list/richard- devaul) Google executive Publicly reported October 25, 2018 woman whom DeVaul had interviewed for a job says he invited her to what she thought was a professional meeting, then asked her to take off her shirt and offered her a back rub. He has apologized for an \u201cerror of judgment,\u201d and Google has taken unspecified \u201ccorrective action.\u201d 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 24/51 Sources/more info: 1 ( didn\u2019t have enough spine or backbone to shut that down as a 24-year-old.\u201d \u2014 Star Simpson, engineer ( Amit Singhal (/a/sexual-harassment-assault-allegations-list/amit-singhal) Former Google executive Publicly reported October 25, 2018 An employee said that he groped her, according to three people briefed on the incident. He resigned and received an exit package worth millions of dollars, they said. Sources/more info: 1 ( \u201cIn 2015, an employee said Mr. Singhal groped her at a boozy off-site event attended by dozens of colleagues, said three people who were briefed on the incident.\u201d \u2014 New York Times ( Demos Parneros (/a/sexual-harassment-assault-allegations-list/demos- parneros) Former CEO, Barnes & Noble Publicly reported August 28, 2018 former employee said he sexually harassed her. He was fired for this and other violations of company policies, according to Barnes & Noble. Sources/more info: 1 ( [Parneros was] \u201cterminated for sexual harassment, bullying behavior and other violations of company policies.\u201d \u2014 Barnes & Noble board of directors ( Terdema Ussery (/a/sexual-harassment-assault-allegations-list/terdema- ussery) Former president and CEO, Dallas Mavericks; former president of global sports, Under Armour Publicly reported February 20, 2018 Multiple women say he subjected them to unwanted advances or touching, or other inappropriate behavior, while they worked for the Mavericks or Under Armour. Sources/more info: 1 ( 2 ( felt trapped, frozen, scared.\u201d \u2014 anonymous, to Sports Illustrated ( Steve Wynn (/a/sexual-harassment-assault-allegations-list/steve-wynn) Founder, Wynn Resorts; former finance chair, Republican National Committee Publicly reported January 27, 2018 Dozens of people have said that he pressured female employees to perform sex acts, exposed himself, or engaged in unwanted touching. He has resigned from the and from Wynn Resorts. Sources/more info: 1 ( 2 ( 3 ( 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 25/51 was not brave enough to say, \u2018How dare you?\u2019\u201d \u2014 Shawn Cardinal, former personal assistant to Wynn's ex-wife ( misconduct-by-las-vegas-mogul-steve-wynn-1516985953) Max Ogden (/a/sexual-harassment-assault-allegations-list/max-ogden) Computer programmer; executive director, Code for Science & Society Publicly reported December 15, 2017 former partner reported that Ogden was sexually abusive, controlling, and coercive. Ogden has stepped down from leadership roles with Code for Science & Society and the Dat Project. Sources/more info: 1 ( 2 ( 3 ( think \u2014 all the time \u2014 about my silence. How it protected him while he abused me & protects him now.\u201d \u2014 Jessica Lord, web developer ( Harold Ford Jr. (/a/sexual-harassment-assault-allegations-list/harold-ford- jr) Former managing director and senior client relationship manager, Morgan Stanley; former representative (D-TN) Publicly reported December 7, 2017 woman has reported that he sexually harassed and intimidated her. He has been fired from Morgan Stanley, but the bank now says he was not fired for sexual misconduct. Sources/more info: 1 ( 2 ( \u201cThe woman alleged that Ford engaged in harassment, intimidation, and forcibly grabbed her one evening in Manhattan, leading her to seek aid from a building security guard.\u201d \u2014 Yashar Ali, HuffPost ( Sam Isaly (/a/sexual-harassment-assault-allegations-list/sam-isaly) Co-founder, managing partner, OrbiMed Publicly reported December 5, 2017 Multiple people have reported that he sexually harassed female employees. He announced plans to retire. Sources/more info: 1 ( 2 ( allegations/933808001/) 3 ( 4 ( \u201cIt was like a fact of life that everyone had to accept. Sam just did what he could get away with.\u201d \u2014 Yanping Ren, former OrbiMed intern ( Shervin Pishevar (/a/sexual-harassment-assault-allegations-list/shervin- pishevar) Venture capitalist; co-founder, Sherpa Capital Publicly reported November 30, 2017 Multiple woman say he sexually assaulted or harassed them. He has resigned from Sherpa Capital. Sources/more info: 1 ( 2 ( 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 26/51 wanted to get career advice, and it was twisted into something else.\u201d \u2014 anonymous, to Bloomberg ( by-multiple-women) Howie Rubin (/a/sexual-harassment-assault-allegations-list/howie-rubin) Former portfolio manager, Soros Fund Management Publicly reported November 3, 2017 Three women have reported that he raped and beat them. Sources/more info: 1 ( 2 ( \u201cWhile arrogance and self-import may convince certain men otherwise, neither money nor power gives any person the right to victimize a woman.\u201d \u2014 Jeremy Saland, a lawyer for one of the women ( dungeon/) Caleb Jennings (/a/sexual-harassment-assault-allegations-list/caleb- jennings) Former lead Chicago organizer, Fight for 15 (SEIU) Publicly reported October 24, 2017 Multiple staffers reported that he had a sexist attitude and physically assaulted a female staffer, who was later fired criminal court found him not guilty of assault. He has been fired. Sources/more info: 1 ( \u201cThe sexist and aggressive attitude of Caleb Jennings has created a toxic environment and fear inside the office of the FF15.\u201d \u2014 four Chicago organizers, in an email to SEIU's president ( utm_term=.loVMKgYgn#.fke9KO0OA) Robert Scoble (/a/sexual-harassment-assault-allegations-list/robert- scoble) Blogger; co-founder, the Transformation Group Publicly reported October 19, 2017 Multiple women have reported that he sexually assaulted or harassed them. He has resigned from the Transformation Group. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cIt made me sick to work with him, but also he was offering so much help. [\u2026] As women we sometimes have to make tough choices. Do want to call him out, or do want to advance my career?\u201d \u2014 anonymous, to TechCrunch ( sober/) Scott Courtney (/a/sexual-harassment-assault-allegations-list/scott- courtney) Former executive vice president, Service Employees International Union (SEIU) Publicly reported October 19, 2017 Multiple people have said he had a history of relationships with young female staffers, who were later promoted. He has resigned. Sources/more info: 1 ( 2 ( 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 27/51 \u201cQuestions were raised about Executive Vice President Scott Courtney relating to a romantic relationship between a staff person and a supervisor.\u201d \u2014 Mary Kay Henry international president ( Chris Sacca (/a/sexual-harassment-assault-allegations-list/chris-sacca) Retired venture capital investor Publicly reported June 30, 2017 woman reported that he touched her face without her consent. Sources/more info: 1 ( 2 ( \u201cThere is such a massive imbalance of power that women in the industry often end up in distressing situations.\u201d \u2014 Susan Wu, entrepreneur and investor ( _r=0) Dave McClure (/a/sexual-harassment-assault-allegations-list/dave- mcclure) Investor; co-founder, 500 Startups Publicly reported June 30, 2017 woman has reported that he sexually assaulted her, and another says he made an unwanted advance. He has said he made inappropriate advances to multiple women and has resigned from 500 Startups. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cIt\u2019s the worst position to be in when you feel helpless about something you know was outright wrong.\u201d \u2014 Cheryl Yeoh, entrepreneur ( Justin Caldbeck (/a/sexual-harassment-assault-allegations-list/justin- caldbeck) Co-founder, former managing partner, Binary Capital Publicly reported June 24, 2017 Multiple women have said he made unwanted advances toward them. He has resigned from Binary Capital. Sources/more info: 1 ( 2 ( \u201cWhile we\u2019re happy that he apologized and we\u2019re happy especially for the support of the amazing women and men, our strong preference would have been to not be in this position to begin with.\u201d \u2014 Leiti Hsu, co-founder of the startup Journy ( advances/) Travis Kalanick (/a/sexual-harassment-assault-allegations-list/travis- kalanick) Founder, Uber Publicly reported June 17, 2017 female employee has said he visited a bar with escort services, along with her and other employees, making her uncomfortable. Multiple employees also reported discrimination, sexual harassment, and a toxic environment at the company. Kalanick has resigned. Sources/more info: 1 ( 2 ( 3 ( 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 28/51 \u201cEvery time something ridiculous happened, every time a sexist email was sent, I\u2019d sent a short report to just to keep a record going.\u201d \u2014 Susan J. Fowler, former Uber engineer ( travis-kalanick.html?mcubz=0&_r=0 ) \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf Back to 1 / 46 Eric Bauman (/a/sexual-harassment-assault-allegations-list/eric-bauman) Former chair, California Democratic Party Publicly reported November 28, 2018 Multiple people say he made sexually explicit comments in the workplace and other professional settings, and engaged in unwanted touching. He has resigned. Sources/more info: 1 ( 2 ( felt really embarrassed, almost ashamed, and uncomfortable.\u201d \u2014 Grace Leekley, temporary party staffer ( Albert J. Alvarez (/a/sexual-harassment-assault-allegations-list/albert-j- alvarez) Former chief of staff, New Jersey Schools Development Authority Publicly reported October 10, 2018 woman has said he sexually assaulted her when they both worked on New Jersey Gov. Phil Murphy\u2019s campaign. He has resigned from his position with the New Jersey schools. Sources/more info: 1 ( 642671?mod=article_inline) 2 ( straight up said: \u2018This is not consensual.\u2019\u201d \u2014 Katie Brennan, chief of staff, New Jersey Housing and Mortgage Finance Agency ( new-jersey-exposes-a-national-dilemma-1539542172) Charles Schwertner (/a/sexual-harassment-assault-allegations- list/charles-schwertner) Texas state senator (R-Georgetown) Publicly reported September 25, 2018 graduate student at Austin said he sent her an explicit text message Austin investigation found it was \u201cplausible\u201d that a third party had sent the message, though Schwertner did not fully cooperate with the investigation. Sources/more info: 1 ( claim/asnidSImg1fcb2FNBZ8iCO/) 2 ( \u201cPlease stop the inappropriate texts, it is unprofessional.\u201d \u2014 anonymous, graduate student, in a message to Schwertner ( charles-schwertner/) Brett Kavanaugh (/a/sexual-harassment-assault-allegations-list/brett- kavanaugh) Supreme Court justice 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 29/51 Publicly reported September 14, 2018 woman has said he sexually assaulted her, another has said he thrust his genitals in her face without her consent, and others have said they witnessed abusive or inappropriate behavior by him. After a hearing and investigation into some of the allegations, he was confirmed to the Supreme Court. Sources/more info: 1 ( among-democrats-in-congress) 2 ( allegation-of-sexual-assault/2018/09/16/46982194-b846-11e8-94eb-3bd52dfe917b_story.html) 3 ( nominee-brett-kavanaughs-college-years-deborah-ramirez) 4 ( 5 ( thought that Brett was accidentally going to kill me.\u201d \u2014 Christine Blasey Ford, psychology professor ( senate-hearing) David Keyes (/a/sexual-harassment-assault-allegations-list/david-keyes) Former spokesperson for Prime Minister Benjamin Netanyahu of Israel Publicly reported September 11, 2018 woman has said he sexually assaulted her, and three others have said he tried to bully them into sex. He has resigned as Netanyahu\u2019s spokesperson. Sources/more info: 1 ( \u201cIt was completely nonconsensual.\u201d \u2014 Julia Salazar, New York state Senate candidate ( Tom Frieden (/a/sexual-harassment-assault-allegations-list/tom-frieden) Former director, Centers for Disease Control and Prevention Publicly reported August 24, 2018 woman reported that he groped her. He has been charged with sexual abuse, forcible touching, and harassment. Sources/more info: 1 ( 2 ( saw his face again and realized all this man had been doing was protecting himself.\u201d \u2014 the woman who has reported that Frieden groped her ( 20180824-story.html) Nick Sauer (/a/sexual-harassment-assault-allegations-list/nick-sauer) Former state representative, Illinois (R-51st district) Publicly reported August 1, 2018 An ex-girlfriend has said he posted nude photos of her on a fake Instagram account without her consent. He has resigned. Sources/more info: 1 ( 2 ( \u201cNick would use [a fake Instagram account] to direct message men with my photos to engage in graphic conversations of a sexual nature.\u201d \u2014 Kate Kelly, ex-girlfriend of Nick Sauer ( 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 30/51 Corey Coleman (/a/sexual-harassment-assault-allegations-list/corey- coleman) Former personnel chief, Federal Emergency Management Agency Publicly reported July 30, 2018 He is under investigation in connection with allegations that he sexually harassed an employee and created an environment in which women were hired as possible sex partners for male employees. He has resigned from FEMA. Sources/more info: 1 ( chief-says/2018/07/30/964da518-9403-11e8-80e1-00e80e1fdf43_story.html?utm_term=.8feb29dc11f9) 2 ( complaints/2018/08/02/52d9785e-964f-11e8-810c-5fa705927d54_story.html?utm_term=.b182fd5f90b3) \u201cWhat we uncovered was a systemic problem going back years.\u201d \u2014 William \"Brock\" Long administrator ( sexual-partners-for-male-employees-agency-chief-says/2018/07/30/964da518-9403-11e8-80e1-00e80e1fdf43_story.html?utm_term=.8feb29dc11f9) Mel Watt (/a/sexual-harassment-assault-allegations-list/mel-watt) Director, Federal Housing Finance Agency (Democrat) Publicly reported July 27, 2018 An employee has said he sexually harassed her. He is under investigation. Sources/more info: 1 ( utm_term=.6010e94fbbba) 2 ( felt vulnerable and unsafe.\u201d \u2014 Simone Grimes, supervisory program management analyst ( kavanaugh-senate-hearing-house-will-hear-another-metoo-story/?utm_term=.6010e94fbbba) Curtis Hill (/a/sexual-harassment-assault-allegations-list/curtis-hill) Attorney general, Indiana (Republican) Publicly reported July 2, 2018 lawmaker, two staffers, and another woman have said he touched them inappropriately. He is under criminal investigation. Sources/more info: 1 ( 2 ( 3 ( \u201c[H]e grabbed my hand and moved both of our hands over my butt, lingering there before releasing me.\u201d \u2014 Niki DaSilva, Indiana state Senate aide ( allegations-against-hill/868706002/) Eric Schneiderman (/a/sexual-harassment-assault-allegations-list/eric- schneiderman) Former attorney general, New York (D) Publicly reported May 7, 2018 Multiple women have said he physically abused them, in some cases during sex. He has resigned. After an investigation, prosecutors announced he would not face criminal charges. Sources/more info: 1 ( 2 ( 3 ( 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 31/51 \u201cTaking a strong woman and tearing her to pieces is his jam.\u201d \u2014 Michelle Manning Barish, writer and activist ( physical-abuse) Clay Johnson (/a/sexual-harassment-assault-allegations-list/clay-johnson) Political technoogy expert; former lead programmer, Howard Dean campaign Publicly reported May 4, 2018 Two women have said he sexually assaulted them, and others have said he made inappropriate sexual comments. Sources/more info: 1 ( \u201c[B]efore could say anything, the next thing remember is was pinned on his bed.\u201d \u2014 Sarah Schacht, former Howard Dean campaign staffer ( campaign_us_5aebb6d7e4b0c4f1932090ac?pdb) Tony C\u00e1rdenas (/a/sexual-harassment-assault-allegations-list/tony- cardenas representative (D-CA) Publicly reported April 27, 2018 woman has sued, alleging that an unnamed elected official sexually assaulted her when she was a teenager. C\u00e1rdenas has confirmed he is the subject of the suit, though he denies the allegations. Sources/more info: 1 ( 2 ( 4f04-11e8-af46-b1d6dc0d9bfe_story.html?utm_term=.2d65cb07fae2) \u201cThe suit alleges sexual battery, assault and intentional infliction of emotional distress.\u201d \u2014 Dakota Smith, Los Angeles Times ( Benton Strong (/a/sexual-harassment-assault-allegations-list/benton- strong) Former associate director for communications, Center for American Progress Action Fund; former employee, Seattle Office of Sustainability and Energy Publicly reported April 23, 2018 Two women have reported that he made inappropriate comments or sent unwanted, sexually explicit text messages. Another woman reported that he harassed and assaulted her after a breakup in college. He has resigned from his job with the city of Seattle. Sources/more info: 1 ( surely expected better out of an organization that housed a national campaign on sexual assault.\u201d \u2014 Mary, in a memo to ( utm_term=.ovxDYDMne#.vp8QvQOwn) Benjamin Sparks (/a/sexual-harassment-assault-allegations-list/benjamin- sparks) Political adviser Publicly reported April 4, 2018 Sparks\u2019s ex-fianc\u00e9e has said that he sexually enslaved and battered her. He has been fired from the consulting firm where he was the political affairs director and has been charged with misdemeanor domestic battery. Sources/more info: 1 ( 2 ( 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 32/51 \u201cOver the last month it escalated into very rough sex where he\u2019d actually hurt me.\" \u2014 anonymous, to the Las Vegas Review-Journal ( campaign-adviser-made-her-his-sex-slave/) Nicholas Kettle (/a/sexual-harassment-assault-allegations-list/nicholas- kettle) Former Rhode Island state senator (R-Coventry) Publicly reported February 19, 2018 He has been charged with video voyeurism for allegedly sending nude photos of a woman without her knowledge, and with extorting sex from a teenage state House page. He has resigned. Sources/more info: 1 ( 2 ( 3 ( \u201cMr. Kettle stated that he needed to be \u2018stealthy\u2019 and was asking [the friend] for advice on how to take a video without [his girlfriend] knowing.\u201d \u2014 Robert Hopkins, Rhode Island state police detective ( friend/?utm_medium=social&utm_source=twitter_StephMachado) Ed Crane (/a/sexual-harassment-assault-allegations-list/ed-crane) Co-founder, Cato Institute Publicly reported February 8, 2018 Multiple woman say he sexually harassed them, and others say he made inappropriate comments about women\u2019s bodies and clothing in the workplace. Sources/more info: 1 ( utm_content=buffer16e91&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer) \u201cThe minute she left he turned to all the men in the room and went, \u2018Man, I\u2019d love to have her sit on my face.\u2018\u201d \u2014 anonymous, to Politico ( utm_content=buffer16e91&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer) Cristina Garcia (/a/sexual-harassment-assault-allegations-list/cristina- garcia) California state Assembly member (D) Publicly reported February 8, 2018 Multiple men have reported that she groped them or made unwanted advances. Sources/more info: 1 ( 2 ( complaint-says/?utm_term=.b3da754dce8d) \u201cShe looked at me for a second and said, \u2018I\u2019ve set a goal for myself to fuck you.\u2019\u201d \u2014 anonymous, to Politico ( Burns Strider (/a/sexual-harassment-assault-allegations-list/burns- strider) Former adviser, Hillary Clinton presidential campaign (2008); former leader, Correct the Record Publicly reported January 26, 2018 woman reported that he sexually harassed her while they worked on the Clinton campaign, and multiple former colleagues say he was fired from Correct the Record after sexual harassment allegations there. 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 33/51 Sources/more info: 1 ( share) \u201cShe told a campaign official that Mr. Strider had rubbed her shoulders inappropriately, kissed her on the forehead and sent her a string of suggestive emails\u201d \u2014 Maggie Haberman and Amy Chozick, New York Times ( adviser-accused-of-harassment-in-2008.html?smid=tw-share) Patrick Meehan (/a/sexual-harassment-assault-allegations-list/patrick- meehan representative (R-PA) Publicly reported January 20, 2018 former aide reported that he made unwanted advances toward her. He has been removed from the House Ethics Committee and will not seek reelection. Sources/more info: 1 ( 2 ( \u201cMr. Meehan professed his romantic desires for her \u2014 first in person, and then in a handwritten letter \u2014 and he grew hostile when she did not reciprocate, the people familiar with her time in the office said.\u201d \u2014 Katie Rogers and Kenneth P. Vogel, New York Times ( Jeffrey Klein (/a/sexual-harassment-assault-allegations-list/jeffrey-klein) New York state senator (D-Bronx) Publicly reported January 10, 2018 woman says he forcibly kissed her. The New York state Democratic Party has called for an investigation. Sources/more info: 1 ( 2 ( \u201cAll of a sudden there was a hand on the back of my head and he shoved his tongue down my throat.\u201d \u2014 Erica Vladimer, former New York state Senate staffer ( misconduct_us_5a5531cbe4b03417e872f80e?4ps) Eric Greitens (/a/sexual-harassment-assault-allegations-list/eric-greitens) Governor, Missouri (R) Publicly reported January 10, 2018 According to an investigative report, he coerced a woman into oral sex, claimed to have taken a compromising photo of her, and threatened to release it if she told anyone. He has been charged with invasion of privacy. Sources/more info: 1 ( 2 ( 3 ( \u201cHe stepped back saw a flash through the blindfold and he said: \u2018you\u2019re never going to mention my name, otherwise there will be pictures of me everywhere.\u2019\u201d \u2014 anonymous, on a tape obtained by ( affair#.WlbpAn6BIAA.twitter) Corey Lewandowski (/a/sexual-harassment-assault-allegations-list/corey- lewandowski) Political commentator; former campaign manager for Donald Trump Publicly reported December 22, 2017 woman has filed a sexual assault complaint against him, saying he slapped her twice on the buttocks. 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 34/51 Sources/more info: 1 ( 2 ( 3 ( \u201cIt was completely demeaning and shocking.\u201d \u2014 Joy Villa, singer ( Andrea Ramsey (/a/sexual-harassment-assault-allegations-list/andrea- ramsey) Former candidate for the House of Representatives (D-KS) Publicly reported December 15, 2017 man has reported that she sexually harassed him and retaliated when he rejected her advances. She has dropped out of her congressional race. Sources/more info: 1 ( \u201cAfter rejected her, she told me she now was hearing bad things about my performance and on June 13, 2005, terminated my employment.\u201d \u2014 Gary Funkhouser, former employee, LabOne ( Bobby Scott (/a/sexual-harassment-assault-allegations-list/bobby-scott representative (D-VA) Publicly reported December 15, 2017 woman reports that he sexually harassed her. Sources/more info: 1 ( lawmaker/955214001 was propositioned to have a sexual relationship with my boss that did not want was retaliated against was wrongfully terminated and was blackballed.\u201d \u2014 M. Reese Everson, author and attorney ( harassment-strongly-denied-lawmaker/955214001/) Ed Murray (/a/sexual-harassment-assault-allegations-list/ed-murray) Secretary of state, Wyoming (R) Publicly reported December 14, 2017 woman says that he sexually assaulted her. Sources/more info: 1 ( 90a7-52b4-b6c6-bbf374843977.html#utm_source=trib.com&utm_campaign=%2Femail- updates%2Fbreaking%2F&utm_medium=email&utm_content was disgusted and horrified.\u201d \u2014 Tatiana Maxwell, real estate developer ( murray-sexually-assaulted/article_2f1faf41-90a7-52b4-b6c6-bbf374843977.html#utm_source=trib.com&utm_campaign=%2Femail- updates%2Fbreaking%2F&utm_medium=email&utm_content=) Dan Johnson (/a/sexual-harassment-assault-allegations-list/dan-johnson) Former state representative (R-KY) Publicly reported December 12, 2017 woman reported that he sexually assaulted her when she was 17. He killed himself shortly after the allegations were published. 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 35/51 Sources/more info: 1 ( 2 ( 3 ( high-tech-lynching/?utm_term=.de8f0844cfb5) \u201cWhat you did was beyond mean, it was evil.\u201d \u2014 Maranda Richmond, in a message to Johnson ( Alex Kozinski (/a/sexual-harassment-assault-allegations-list/alex- kozinski) Retired judge Court of Appeals for the Ninth Circuit Publicly reported December 9, 2017 Multiple former employees have said he showed them pornography, touched them inappropriately, or made inappropriate sexual comments to them. He has retired. Sources/more info: 1 ( misconduct/2017/12/08/1763e2b8-d913-11e7-a841-2066faf731ef_story.html?utm_term=.48dd2ff565cf) 2 ( 3 ( \u201cIt wasn\u2019t just clear that he was imagining me naked, he was trying to invite other people \u2014 my professional colleagues \u2014 to do so as well.\u201d \u2014 Emily Murphy, former clerk ( sexual-misconduct/2017/12/08/1763e2b8-d913-11e7-a841-2066faf731ef_story.html?utm_term=.c956f1b10870) Trent Franks (/a/sexual-harassment-assault-allegations-list/trent-franks) Former representative (R-AZ) Publicly reported December 7, 2017 House sources said that he approached two female staffers about acting as a gestational surrogate for his wife and him. He has resigned. Sources/more info: 1 ( 2 ( 3 ( was asked a few times to look over a \u2018contract\u2019 to carry his child, and if would conceive his child would be given $5 million.\u201d \u2014 anonymous, to ( Borris Miles (/a/sexual-harassment-assault-allegations-list/borris-miles) State representative (D-TX) Publicly reported December 6, 2017 Multiple people have said that he subjected women to unwanted advances, sexual comments, or forcible kissing. Sources/more info: 1 ( just remember thinking need to go, and need to not be here anymore.\u2019\u201d \u2014 anonymous, to the Daily Beast ( Carlos Uresti (/a/sexual-harassment-assault-allegations-list/carlos-uresti) State representative (D-TX) Publicly reported December 6, 2017 Two women have reported that he sexually harassed them. Sources/more info: 1 ( 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 36/51 \u201cHe put his hands on me, he ogled me would not get in an elevator with him.\u201d \u2014 anonymous, to the Daily Beast ( Matt Dababneh (/a/sexual-harassment-assault-allegations-list/matt- dababneh) Former California state Assembly member (D) Publicly reported December 4, 2017 woman has reported that he exposed himself to her and masturbated in front of her, and another has said he harassed her. He has resigned. Sources/more info: 1 ( 2 ( \u201cDuring the time he blocked me in that room, my instincts were focused on escaping without physical contact and in a way that would not cause a scene.\u201d \u2014 Pamela Lopez, lobbyist ( bathroom/) Rub\u00e9n Kihuen (/a/sexual-harassment-assault-allegations-list/ruben- kihuen representative (D-NV); former Nevada state senator Publicly reported December 1, 2017 Two women have reported that he sexually harassed them. Sources/more info: 1 ( 2 ( \u201cYou don\u2019t really know what to say when a senator tells you, like, \u2018Nice ass.\u2019\u201d \u2014 anonymous, to the Nevada Independent ( advances) Blake Farenthold (/a/sexual-harassment-assault-allegations-list/blake- farenthold representative (R-TX) Publicly reported November 30, 2017 former staffer sued him, alleging gender discrimination, sexual harassment, and creating a hostile work environment. He used taxpayer money to settle the claim. He will not seek reelection. Sources/more info: 1 ( 2 ( 3 ( \u201cIt\u2019s definitely turned my life upside down.\u201d \u2014 Lauren Greene, former communications director for Farenthold ( 278869) John Conyers (/a/sexual-harassment-assault-allegations-list/john- conyers) Former representative (D-MI) Publicly reported November 20, 2017 Multiple former employees have said he sexually harassed female staffers. He has resigned. Sources/more info: 1 ( 2 ( 3 ( 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 37/51 4 ( d9bb-11e7-a841-2066faf731ef_story.html?utm_term=.37d0bbc4ae44 was basically blackballed. There was nowhere could go.\" \u2014 anonymous, to BuzzFeed ( utm_term=.jaYwr3D3b#.uxxxQ5g5V) Wesley Goodman (/a/sexual-harassment-assault-allegations-list/wesley- goodman) Former state representative (R-OH) Publicly reported November 17, 2017 man reported that Goodman groped him, and multiple men said he sent them unwanted or inappropriate sexual or suggestive messages. He quit after it was revealed that he had a consensual sexual encounter with a man in his office. Sources/more info: 1 ( star/2017/11/17/b3b4b8da-c956-11e7-b0cf-7689a9f2d84e_story.html) 2 ( 3 ( \u201cHe also asked how much \u2018p******y was getting and wondering what was doing on Friday and Saturday nights.\u201d \u2014 anonymous, to ( goodman/) Al Franken (/a/sexual-harassment-assault-allegations-list/al-franken senator (D-MN) Publicly reported November 16, 2017 Multiple women have reported that he groped or otherwise harassed them. He has announced that he will resign from Congress. Sources/more info: 1 ( 2 ( 3 ( was stunned and incredulous felt demeaned felt put in my place.\u201d \u2014 anonymous former elected official in New England, to Jezebel ( 1820849687) Jeff Kruse (/a/sexual-harassment-assault-allegations-list/jeff-kruse) Oregon state senator (R-Roseburg) Publicly reported November 15, 2017 Two women have reported that he sexually harassed or inappropriately touched them. He has been relieved of committee assignments and is under investigation. Sources/more info: 1 ( 2 ( \u201cWhat made all of this worse is that not only was continuing to experience this behavior, [\u2026] but was witnessing this happen to other women.\u201d \u2014 Sara Gelser, Oregon state senator (D-Corvallis) ( Calvin Smyre (/a/sexual-harassment-assault-allegations-list/calvin-smyre) Georgia state representative (D-Columbus) Publicly reported November 10, 2017 woman reported that he sexually assaulted her. 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 38/51 Sources/more info: 1 ( 2 ( 3 ( \u201cHow many stories of assault and harassment have never been told because of political connections?\u201d \u2014 Jehmu Greene, political commentator ( Steve Lebsock (/a/sexual-harassment-assault-allegations-list/steve- lebsock) Former state representative, Colorado (D-Thornton) Publicly reported November 10, 2017 Multiple women have reported that he sexually harassed them. The Colorado House of Representatives has voted to expel him. Sources/more info: 1 ( 2 ( 3 ( \u201cOn Monday, for the first time in nearly two years, I\u2019m going to come to a building where I\u2019m not going to be worried about retaliation from someone stood up to.\u201d \u2014 Faith Winter, Colorado state representative ( Roy Moore (/a/sexual-harassment-assault-allegations-list/roy-moore) Former judge; 2017 Senate candidate Publicly reported November 9, 2017 Multiple women have said he sexually abused or assaulted them, or pursued them sexually or romantically when they were teenagers. Sources/more info: 1 ( 32/2017/11/09/1f495878-c293-11e7-afe9-4f60b5a6c4a0_story.html?tid=sm_tw&utm_term=.512aedc10bfb) 2 ( felt like had done something bad. And it kind of set the course for me doing other things that were bad.\u201d \u2014 Leigh Corfman, customer service representative ( encounter-when-she-was-14-he-was-32/2017/11/09/1f495878-c293-11e7-afe9-4f60b5a6c4a0_story.html?tid=sm_tw&utm_term=.d9990836f257) Dwayne Duron Marshall (/a/sexual-harassment-assault-allegations- list/dwayne-duron-marshall) Former chief of staff to Rep. Brenda Lawrence (D-MI) Publicly reported November 7, 2017 Multiple women have said he made inappropriate comments or engaged in unwanted touching in the workplace. He has resigned. Sources/more info: 1 ( 2 ( \u201cShe\u2019s complicit because she knows. [\u2026] She knows he makes comments. She knows he rubs the back and rubs the shoulders.\u201d \u2014 anonymous, about Rep. Lawrence, to Politico ( Tony Mendoza (/a/sexual-harassment-assault-allegations-list/tony- mendoza) California state senator (D-Artesia) Publicly reported November 7, 2017 Multiple people have said that he behaved inappropriately with a female legislative fellow and other staffers. He is under investigation and has been stripped of his leadership positions. Sources/more info: 1 ( htmlstory.html) 2 ( 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 39/51 3 ( \u201cShe said she feared for her job if she refused the invitations.\u201d \u2014 Patrick McGreevy, Los Angeles Times ( investigation-for-1517619265-htmlstory.html) Raul Bocanegra (/a/sexual-harassment-assault-allegations-list/raul- bocanegra) Former California state Assembly member (D) Publicly reported October 27, 2017 Multiple women have reported that he groped them or made unwanted advances. He has resigned. Sources/more info: 1 ( 2 ( 3 ( \u201cHe grabbed me with one hand, grabbed my head and shoved his tongue into my mouth.\u201d \u2014 Sylvia Castillo, former student mentorship program coordinator ( groping-fellow-staffer-will-not-run-for-re-election/) George H.W. Bush (/a/sexual-harassment-assault-allegations-list/george- h-w-bush) Former president Publicly reported October 25, 2017 Multiple women have said he groped them during photo ops. Sources/more info: 1 ( 2 ( \u201cAt the very moment when was feeling honored to be recognized for my work and to raise money for this important organization that believe in, President Bush made clear to me that because am a woman can be objectified, sexualized, reduced to a body part.\u201d \u2014 Christina Baker Kline, novelist ( Donald Trump (/a/sexual-harassment-assault-allegations-list/donald- trump) President of the United States Publicly reported October 15, 2017 More than a dozen women have accused him of sexual assault, harassment, or other misconduct. Sources/more info: 1 ( 2 ( 3 ( white-house-denies-the-charge/2019/02/25/fe1869a4-3498-11e9-946a-115a5932c45b_story.html?utm_term=.a63ec198874b) \u201cHe was like an octopus. [\u2026] His hands were everywhere.\u201d \u2014 Jessica Leeds, businesswoman ( hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region®ion=top-news&WT.nav=top-news) \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf Back to 1 / 40 Cody Wilson (/a/sexual-harassment-assault-allegations-list/cody-wilson) 3 printed gun activist Publicly reported September 19, 2018 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 40/51 He has been charged with sexual assault of a minor in connection with allegations that he paid an underage girl for sex after meeting her on the website SugarDaddyMeet. Sources/more info: 1 ( \u201cVictim stated while she was inside room 718, she and Wilson engaged in sexual intercourse and oral sex on the hotel room\u2019s bed.\u201d \u2014 Affidavit for arrest warrant for Cody Wilson ( sexual-assault-of-a-minor) Ron Carlson (/a/sexual-harassment-assault-allegations-list/ron-carlson) Author; former professor, Department of English Irvine; former teacher, Hotchkiss School Publicly reported August 28, 2018 He has been accused of sexual misconduct, including kissing and touching, with a female high school student at Hotchkiss in the mid- 1970s. He has resigned from Irvine. Sources/more info: 1 ( 2 ( \u201cCarlson often kissed and fondled Student 17 when they were alone.\u201d \u2014 report to the Board of Trustees of the Hotchkiss School ( Avital Ronell (/a/sexual-harassment-assault-allegations-list/avital-ronell) Professor Department of German and Comparative Literature Publicly reported August 13, 2018 former student has said she sexually harassed and assaulted him university investigation found Ronell responsible for sexual harassment, and she has been suspended for the academic year. Sources/more info: 1 ( 2 ( \u201cShe was kissing me, kissing my hands, kissing my torso.\u201d \u2014 Nimrod Reitman, visiting fellow, Harvard ( Francisco Ayala (/a/sexual-harassment-assault-allegations-list/francisco- ayala) Former professor, Department of Ecology and Evolutionary Biology Irvine Publicly reported June 29, 2018 Multiple women have said he sexually harassed them. He has resigned from Irvine. Sources/more info: 1 ( 2 ( 3 ( \u201cThere were conversations people had, like stay away from him, don\u2019t be alone with him, don\u2019t be in an elevator with him.\u201d \u2014 Micha Star Liberty, attorney for women who filed complaints against Ayala ( harassment.html) Mark Mellor (/a/sexual-harassment-assault-allegations-list/mark-mellor) Former security director, National Abortion Federation Publicly reported June 14, 2018 Multiple people have said he sexually harassed them. He was suspended, then left the National Abortion Federation. Sources/more info: 1 ( 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 41/51 felt extremely uncomfortable and like he was trying to pressure me to be alone with him.\" \u2014 Katherine O\u2019Connell, former employee, National Abortion Federation ( rights-organization-failed-address-claims-sexual-harassment/) Roland G. Fryer, Jr. (/a/sexual-harassment-assault-allegations-list/roland- g-fryer-jr) Professor, Harvard University Department of Economics Publicly reported May 22, 2018 woman has said he sexually harassed her. He is under investigation and has been barred from his research lab. Sources/more info: 1 ( \u201c[Fryer] frequently discussed sex in the workplace, made sexually inappropriate comments to and about employees and others, and objectified and sexualized women, including his staff.\u201d \u2014 Monica R. Shah and Naomi R. Shatz, lawyers for a woman alleging sexual harassment by Fryer ( investigation/) George Tyndall (/a/sexual-harassment-assault-allegations-list/george- tyndall) Former gynecologist student health clinic Publicly reported May 16, 2018 More than 200 women have sued USC, saying he sexually abused or harassed them when they were his patients. He has retired and is under investigation by the California Medical Board. Sources/more info: 1 ( 2 ( want to make sure this never happens again, ever.\u201d \u2014 Brennan Heil student ( William Jacoby (/a/sexual-harassment-assault-allegations-list/william- jacoby) Political science professor, Michigan State University; editor, American Journal of Political Science Publicly reported April 17, 2018 Two former students have reported that Jacoby sexually harassed them. The allegations are the subject of multiple investigations, and Jacoby has announced he will step down from the American Journal of Political Science. Sources/more info: 1 ( 2 ( \u201cHe asked if would consider having an affair with him, suggesting that it would be good for my career to work with him.\u201d \u2014 Rebecca Gill, political science professor ( support-well-backlash) William Strampel (/a/sexual-harassment-assault-allegations-list/william- strampel) Former dean, Michigan State University College of Osteopathic Medicine Publicly reported March 27, 2018 Strampel has been charged with sexually assaulting and harassing four female patients, as well as mishandling a sexual assault complaint against gymnastics coach Larry Nassar. Sources/more info: 1 ( students/2018/03/27/e7588998-31d2-11e8-8bdd-cdb33a5eef83_story.html?utm_term=.d16a844a5362) 2 ( 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 42/51 remember thinking, \u2018this is really inappropriate, but this is the dean of my medical school, so what do say.\u2018\u201d \u2014 Nicole Eastman, Michigan State University College of Osteopathic Medicine graduate ( nassars-ex-boss-at-michigan-state-charged-with-sexual-assault-harassment-of-students/2018/03/27/e7588998-31d2-11e8-8bdd- cdb33a5eef83_story.html?utm_term=.d16a844a5362) Keith Raniere (/a/sexual-harassment-assault-allegations-list/keith- raniere) Co-founder, Nxivm Publicly reported March 27, 2018 He has been charged with sex trafficking after accusations that he treated female followers as \u201cslaves\u201d and coerced them into sex and skin branding. Sources/more info: 1 ( \u201cDuring the branding ceremonies, slaves were required to be fully naked, and the master would order one slave to film while the other held down the slave being branded.\u201d \u2014 criminal complaint against Keith Raniere ( Bill Hybels (/a/sexual-harassment-assault-allegations-list/bill-hybels) Founder and former senior pastor, Willow Creek Community Church Publicly reported March 23, 2018 Multiple women have said Hybels made inappropriate comments or engaged in unwanted touching or hugs that made them uncomfortable. He has resigned. Sources/more info: 1 ( 2 ( \u201cFor the sake of the other women and for the sake of the church cannot stay silent.\u201d \u2014 Vonda Dyer, former leader, Willow Creek vocal ministry ( resignation-20180411-story.html) Robert Reece (/a/sexual-harassment-assault-allegations-list/robert-reece) Sociology professor, University of Texas Austin Publicly reported March 20, 2018 woman has said that Reece raped her, and others have reported that he abused them or made inappropriate advances. Sources/more info: 1 ( 2 ( 3 ( felt so helpless, so vulnerable just wanted him to leave.\u201d \u2014 Jazmine Walker, activist and podcast host ( Mike Isabella (/a/sexual-harassment-assault-allegations-list/mike- isabella) Chef, Mike Isabella Concepts Publicly reported March 19, 2018 Two women have said Isabella subjected them to sexual comments, sexist slurs, or unwanted kissing firm and the Washington Nationals have cut ties with his company. Sources/more info: 1 ( harassment/2018/03/19/4cc47bf4-27a4-11e8-b79d-f3d931db7f68_story.html?utm_term=.d52b58931967) 2 ( accounts-new-lawsuit-alleges/2018/04/03/aaf6f766-373e-11e8-9c0a-85d477d9a226_story.html?utm_term=.a108e3310363) 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 43/51 3 ( allegations/?utm_term=.0cc23d574fb8 tried to walk away, and he followed me into the kitchen, calling me a \u2018bitch.\u2019\u201d \u2014 Chloe Caras, former manager, Mike Isabella Concepts ( extraordinary-sexual-harassment/2018/03/19/4cc47bf4-27a4-11e8-b79d-f3d931db7f68_story.html?utm_term=.d52b58931967) Jorge Dom\u00ednguez (/a/sexual-harassment-assault-allegations-list/jorge- dominguez) Former professor of government, Harvard University Publicly reported February 27, 2018 More than a dozen women have reported that he subjected them to unwanted touching or other inappropriate behavior, in cases spanning decades. He has announced his retirement from Harvard after being placed on administrative leave. Sources/more info: 1 ( 2 ( s_campaign=breakingnews:newsletter became physically afraid of him.\u201d \u2014 Terry Karl, professor ( Lawrence Krauss (/a/sexual-harassment-assault-allegations- list/lawrence-krauss) Physics professor, Arizona State University; prominent skeptic Publicly reported February 22, 2018 Multiple people have reported that he groped women, made sexist jokes, or engaged in other inappropriate behavior. Several organizations have canceled upcoming appearances by him. Sources/more info: 1 ( \u201cHe put his hand on again crossed my legs. He put his hand on again.\u201d \u2014 A., to BuzzFeed News ( utm_term=.uuVqXx8v4#.tjw7dV09M) Michael Feinberg (/a/sexual-harassment-assault-allegations-list/michael- feinberg) Co-founder schools Publicly reported February 22, 2018 student has reported that he sexually abused her when she was a minor, and an investigation found evidence that he sexually harassed female employees. He has been fired. Sources/more info: 1 ( \u201cWe believe that Mr. Feinberg\u2019s actions were incompatible with the leadership qualities that are central to our mission.\u201d \u2014 KIPP, in a letter sent to school community ( Earl K. Sneed (/a/sexual-harassment-assault-allegations-list/earl-k-sneed) Former beat writer, Mavs.com Publicly reported February 20, 2018 former Dallas Mavericks co-worker reported that when they dated, he hit her. He also pleaded guilty to a previous family violence assault charge. He has been fired. Sources/more info: 1 ( 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 44/51 \u201cShe decided the Mavericks were an unsafe work environment for her and quit her job.\u201d \u2014 Jon Wertheim and Jessica Luther, Sports Illustrated ( cuban-response) Sean Hutchison (/a/sexual-harassment-assault-allegations-list/sean- hutchison) Former Olympic swimming coach Publicly reported February 8, 2018 woman has reported that he sexually abused her when she was underage. Sources/more info: 1 ( utm_term=.hbQwy6NZk#.wed3yEQKo) 2 ( never thought would share my story because, in so many ways, just surviving was enough.\u201d \u2014 Ariana Kukors, Olympic swimmer ( utm_term=.hbQwy6NZk#.wed3yEQKo) Alec Klein (/a/sexual-harassment-assault-allegations-list/alec-klein) Professor, Medill School of Journalism, Northwestern University Publicly reported February 7, 2018 Multiple women have reported that he subjected them to unwanted touching or advances, or other inappropriate behavior. He has taken a leave of absence. Sources/more info: 1 ( harassment-and-assault) 2 ( \u201cSome of us have had to seek counseling and therapy in the aftermath of his behavior. This has to stop.\u201d \u2014 ten of Klein's former students, in a letter to Northwestern officials ( accuse-northwestern-journalism-professor-alec-klein-of-sexual-harassment-and-assault) Paul Shapiro (/a/sexual-harassment-assault-allegations-list/paul-shapiro) Former vice president of farm animal protection, Humane Society of the United States Publicly reported January 30, 2018 Multiple former co-workers say he asked them to have sex or made inappropriate comments. He was reassigned to a new job with the Humane Society and has since left. Sources/more info: 1 ( 2 ( \u201cYou believe these guys are the heroes. You believe they\u2019re going to be compassionate because they\u2019re speaking up for animals and you trust them.\u201d \u2014 Alexandra Bury, Humane Society employee ( investigation-216553) Wayne Pacelle (/a/sexual-harassment-assault-allegations-list/wayne- pacelle) Former CEO, Humane Society of the United States Publicly reported January 30, 2018 Multiple women have reported that he sexually harassed them. He has resigned. 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 45/51 Sources/more info: 1 ( 2 ( members-to-resign/2018/02/01/781e9f9c-0769-11e8-b48c-b07fea957bd5_story.html?utm_term=.a910cb358eda) 3 ( \u201cTo have at our helm an individual that has abused his power is a tragedy.\u201d \u2014 Reasa Haggard Currier, director of faith outreach, Humane Society ( ceo-after-sexual-harassment-complaints-prompting-seven-board-members-to-resign/2018/02/01/781e9f9c-0769-11e8-b48c- b07fea957bd5_story.html?utm_term=.a910cb358eda) John Kenneally (/a/sexual-harassment-assault-allegations-list/john- kenneally) Former vice president, Monster Energy Publicly reported January 23, 2018 Multiple women have said he made inappropriate or abusive comments. He has resigned. Sources/more info: 1 ( 2 ( blamed myself. There was so much shame.\u201d \u2014 Page Zeringue, former regional manager, Monster Energy ( lawsuits_us_5a6280c1e4b002283002ca27?b9) Mohamed Muqtar (/a/sexual-harassment-assault-allegations- list/mohamed-muqtar) Assistant athletic director for student services, University of California Berkeley Publicly reported January 17, 2018 former student-athlete has said he sexually assaulted her, and another has said he behaved inappropriately. He is on administrative leave from the university. Sources/more info: 1 ( 2 ( want the shame to not be my own anymore want the shame to fall on him\u201d \u2014 Layshia Clarendon player ( Jeremy Tooker (/a/sexual-harassment-assault-allegations-list/jeremy- tooker) Founder, Four Barrel Coffee Publicly reported January 5, 2018 Multiple former employees have said he sexually assaulted and harassed women and created a toxic workplace culture. He has left Four Barrel Coffee. Sources/more info: 1 ( 2 ( \u201cJeremy\u2019s behavior has been an open secret for years.\" \u2014 Umeko Motoyoshi, former Four Barrel Coffee employee ( accused-12476911.php) Andy Savage (/a/sexual-harassment-assault-allegations-list/andy-savage) Pastor, Highpoint Church Publicly reported January 5, 2018 woman has reported that he sexually assaulted her when she was 17. He has resigned from his church and his upcoming book release has been canceled. 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 46/51 Sources/more info: 1 ( 2 ( 3 ( \u201cThe fear, shame, anger and hurt consumed me.\u201d \u2014 Jules Woodson ( Charlie Hallowell (/a/sexual-harassment-assault-allegations-list/charlie- hallowell) Chef and owner, Pizzaiolo, Boot & Shoe Service, and Penrose Publicly reported December 27, 2017 More than a dozen former employees have reported that he engaged in sexual harassment and verbal abuse. He has stepped away from daily business at his restaurants. Sources/more info: 1 ( \u201cIt was just this constant need to talk about sex or anything sexual.\" \u2014 Jessica Moncada, former Boot & Shoe bartender ( 12458550.php) Brad Kern (/a/sexual-harassment-assault-allegations-list/brad-kern) Former showrunner, NCIS: New Orleans Publicly reported December 14, 2017 Multiple people have said he sexually harassed women or made offensive comments in the workplace. He has been fired from the show. Sources/more info: 1 ( 2 ( 3 ( \u201cHe would brag about his bad behavior. It got worse and worse, and the network stood by him every step of the way.\u201d \u2014 anonymous former writer, to Variety ( 1202641474/) Ken Friedman (/a/sexual-harassment-assault-allegations-list/ken- friedman) Restaurateur Publicly reported December 12, 2017 Multiple women have said he made unwanted sexual advances toward them. He is taking a leave of absence from his restaurants. Sources/more info: 1 ( \u201cWhen he wasn\u2019t coming on to us, he was screaming at us.\u201d \u2014 Natalie Saibel, former Spotted Pig server ( Mario Batali (/a/sexual-harassment-assault-allegations-list/mario-batali) Chef host Publicly reported December 11, 2017 Multiple women have said he groped them or touched them inappropriately. He is stepping away from his businesses. Sources/more info: 1 ( \u201cThis wasn\u2019t just some dirty jokes, this was mean, this was about asserting power.\u201d \u2014 anonymous, to Eater ( 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 47/51 Larry Nassar (/a/sexual-harassment-assault-allegations-list/larry-nassar) Former team physician Gymnastics Publicly reported November 10, 2017 More than 100 women and girls have reported that he sexually assaulted or abused them. He has been sentenced to 40-175 years in prison, in addition to a previous 60-year sentence for child pornography. Sources/more info: 1 ( doctor/851252001/) 2 ( 3 ( 4 ( thought was going to die that night.\u201d \u2014 McKayla Maroney, retired Olympic gymnast ( says-she-abused-usa-gymnastics-doctor/851252001/) Andr\u00e9 Balazs (/a/sexual-harassment-assault-allegations-list/andre-balazs) President and CEO, Andr\u00e9 Balazs Properties Publicly reported November 9, 2017 Multiple women have said he groped them. Sources/more info: 1 ( was humiliated.\u201d \u2014 anonymous ( Todd Heatherton (/a/sexual-harassment-assault-allegations-list/todd- heatherton) Professor, Dartmouth College Department of Psychological and Brain Sciences Publicly reported October 31, 2017 woman says that he groped her, and more than a dozen people report that he created a hostile environment \u201cin which sexual harassment is normalized.\u201d He has been placed on leave, and law enforcement is investigating. Sources/more info: 1 ( 2 ( 3 ( 4 ( 5 ( \u201cHeatherton touched the breasts of his current student [redacted] while stating that she was not doing very well in her work.\u201d \u2014 Jennifer Groh, professor, in a letter to Dartmouth College ( William Kelley (/a/sexual-harassment-assault-allegations-list/william- kelley) Professor, Dartmouth College Department of Psychological and Brain Sciences Publicly reported October 31, 2017 More than a dozen people report that he created a hostile environment \u201cin which sexual harassment is normalized.\u201d He has been placed on leave, and law enforcement is investigating. Sources/more info: 1 ( 2 ( 3 ( 4 ( 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 48/51 \u201cPeople turned down other professional opportunities in order to be here, and upon finding out the extent to which these inappropriate behaviors influenced their professional careers, very much wanted to switch.\u201d \u2014 anonymous, to Dartmouth ( environment) Paul Whalen (/a/sexual-harassment-assault-allegations-list/paul-whalen) Professor, Dartmouth College Department of Psychological and Brain Sciences Publicly reported October 31, 2017 More than a dozen people report that he created a hostile environment \u201cin which sexual harassment is normalized.\u201d He has been placed on leave and law enforcement is investigating. Sources/more info: 1 ( 2 ( 3 ( 4 ( \u201cWhat\u2019s [not] normal is the amount of drinking, the number of times they did it and how it affected their relationships with the other students.\u201d \u2014 anonymous, to the Dartmouth ( environment) Erick Guerrero (/a/sexual-harassment-assault-allegations-list/erick- guerrero) Professor, Suzanne Dworak-Peck School of Social Work Publicly reported October 25, 2017 Two students reported that he made unwanted advances or behaved inappropriately toward them. He has received a suspension and will be temporarily barred from teaching doctoral students. Sources/more info: 1 ( 2 ( \u201cHe was the person who was in charge of basically everything was doing at that moment professionally.\u201d \u2014 Karissa Fenwick, doctoral student ( John Besh (/a/sexual-harassment-assault-allegations-list/john-besh) Restaurateur Publicly reported October 21, 2017 woman has reported unwanted sexual contact by him, and others have reported unwanted advances or inappropriate comments by him. He has stepped down from Besh Restaurant Group. Sources/more info: 1 ( 2 ( 3 ( \u201cHe took one of the hors d\u2019oeuvres and shoved it in my mouth in front of everyone.\u201d \u2014 Dominique Ranieri, server ( David Marchant (/a/sexual-harassment-assault-allegations-list/david- marchant) Professor, Boston University Department of Earth & Environment Publicly reported October 6, 2017 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 49/51 Multiple women say he sexually harassed or made inappropriate comments to them. After an investigation, BU\u2019s provost recommended that he be terminated; Marchant is appealing. Sources/more info: 1 ( 2 ( \u201cHis taunts, degrading comments about my body, brain, and general inadequacies never ended.\u201d \u2014 Hillary Tulley, high school teacher ( scientist) T. Florian Jaeger (/a/sexual-harassment-assault-allegations-list/t-florian- jaeger) Professor, University of Rochester Department of Brain and Cognitive Sciences Publicly reported September 8, 2017 Multiple people reported that he sexually harassed or created a hostile environment for graduate students. He is on leave, and an independent investigation has been launched. Sources/more info: 1 ( 2 ( fref=gc&dti=13731065383&irgwc=1&content=10079&campaign=Skimbit%2C%20Ltd.&ad_group=66960X1516588Xd56eaca20f288cfdf19a330292790d42&k 3 ( 4 ( \u201cHe made near-constant derogatory comments about the appearances and bodies of my classmates, some of whom he had been in or would be in a sexual relationship with.\u201d \u2014 Celeste Kidd, professor ( Cristiano Ronaldo (/a/sexual-harassment-assault-allegations- list/cristiano-ronaldo) Soccer player Publicly reported April 19, 2017 woman has said that he raped her. She is suing, and authorities are investigating. Sources/more info: 1 ( 2 ( pushed him away and kept saying \u2018No.\u2019\u201d \u2014 Kathryn Mayorga, model ( 1230634.html) Neil deGrasse Tyson (/a/sexual-harassment-assault-allegations-list/neil- degrasse-tyson) Astrophysicist; host, StarTalk and Cosmos: Possible Worlds Publicly reported October 8, 2014 One woman has said he raped her, and two others say he subjected them to unwanted touching or advances. StarTalk has been put on hiatus pending a Fox Networks Group investigation into the allegations. Sources/more info: 1 ( 2 ( 3 ( 4 ( 5 ( 6 ( 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 50/51 \u201cWhen he saw that had woken up, he got on top of me.\u201d \u2014 Tchiya Amet, musician and sound healer ( gives-first-public-interview/) \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf \u25cf WRITING: Anna North, Constance Grady, Laura McGann, Aja Romano EDITING: Michelle Garcia, Susannah Locke, Eleanor Barkhorn DESIGN: Amanda Northrop, Christina Animashaun DEVELOPMENT: Ryan Mark, Kavya Sukumar EDITING: Tanya Pai LEAD: Kainaz Amaria Images: AP, Getty Images, Vjeran Pavic, Wikicommons ( Terms of Use ( \u2022 Privacy Policy ( \u2022 \u00a9 Vox Media, Inc. ( All rights reserved 2/21/25, 7:13 Nicholas Nixon, photographer, sexual misconduct allegations 51/51", "7423_103.pdf": "The Online Photographer Thursday, 05 April 2018 The Sad Fall from Grace of Nicholas Nixon My friends and have been following this story for several weeks. The news is that renowned American photographer Nicholas Nixon has been removed from his teaching position at MassArt for inappropriate and unacceptable conduct. All parties are tight-lipped as the lawyers presumably circle in the skies above. Although not exactly the Terry Richardson of art photography, The Boston Globe reported yesterday that Nick Nixon had long been accustomed to \"going too far\" as the headline of yesterday's article suggests. \"It felt like the conversation always led back to sex,\" one student said. After Nixon asked students to analyze pictures of his own penis, Robin Myers, a 2012 graduate of MassArt, told the Globe, \"Artists are always pushing boundaries between provocative and inappropriate, and then that line gets crossed and it becomes very clear. The penis photo incident was where that line became very clear for me met Nick Nixon only once, when was a student and he was at the beginning of his fame; he's ten years or so older than am. He came to the Corcoran to give a talk was impressed with the matchless virtuosity of his then-new style of close, candid photography using an 8x10 view camera and a wide-angle lens, and the idea that was impressed on me most strongly at the time was that he had initially determined to change his technical style every year...until, that is, he alighted on the right one, which he has stayed with ever since even owned a few of his prints for a while, thanks to cameramaker Keith Canham, although was too poor to be able to keep them. (My Sally Mann prints could keep, because she wrote letters on the back of them and folded them up to put them in the envelope!) In fairness to Nick, no students brought complaints against him. The investigation was pursued by the newspaper. At the same time, it seems undeniable that his behavior was inexcusable. As the Globe article reports, \"...some of Nixon\u2019s alleged behavior astounded Lorie Novak, a professor of photography & imaging [sic] at New York University. 'To ask undergraduate students in your class to pose nude for you is unacceptable, and from my point of view one of the very definitions of sexual harassment,' Novak said. 'The student is powerless.'\" Agreed, full stop. Still, a sad story and a precipitous fall from grace for someone who had been one of the leading lights of American art photography over most of my adult lifetime. The article is entitled \"Sex, power, and photography. At MassArt, how far is too far?\" and it was written by Kay Lazar and Malcolm Gay. Mike (Thanks to Oren Grad and others) Original contents copyright 2018 by Michael C. Johnston and/or the bylined author. All Rights Reserved. Links in this post may be to our affiliates; sales through affiliate links may benefit this site Photo \u2022 Amazon \u2022 Amazon Amazon Germany \u2022 Amazon Canada \u2022 Adorama (To see all the comments, click on the \"Comments\" link below.) Featured Comments from: Kenneth Tanaka: \"Sad? Sure met Nixon briefly about ten years ago at a small talk/dinner. He seemed rather quiet, modest but secure. Seemed like a rather nerdy academic-type never connected well with much of his work with the exception of his Brown Sisters project (which keep running into) and some of his Boston cityscapes. (His horror stories of making those from windy rooftops with a huge view camera were more memorable than the images.) Honestly, if the report is true, and it certainly seems to be well-checked, what the hell was Nixon thinking have never taught an academic class but his excuse about helping to get students out of their boundaries is just plain bull. I'm confident could conjure at least a dozen better strategies for accomplishing that goal with students guess we just never really know what's in someone's mind or, worse, what some people will do when they have power over others. 2/21/25, 7:13 The Online Photographer: The Sad Fall from Grace of Nicholas Nixon 1/4 \"Just this morning was reading the most recent recap of architect Richard Meier's antics which also went on for decades lifetime of some remarkable work largely becomes anonymous because this guy, like Nixon, couldn't control his urges. Frankly have no sympathy for these men and their creepy peers; they can live in hell for the rest of their lives had to keep it in check when was in control of many people in a bigger business. Hopefully we're turning a corner on people not tolerating various sexual and emotional abuses in their work places, although human nature never changes.\" John Camp have a hard time getting too upset about this level of 'transgression.' You gotta grow up sometime, might as well be in college. You don't like what the professor suggests, tell him to stick it. In the current climate, he'll get the idea, especially since tenure, or the prospect of tenure, is the Holy Grail in 21st Century academia. \"I'm not sure, exactly, why colleges hire serious artists to teach. There seems to be to be an essential conflict there\u2014 transgression has been a byword for artistic endeavor at least since the Renaissance, and sex was usually the major vehicle for that transgression. In a major reversal from the later 20th century, colleges now seem to be taking a much more protective attitude toward students and their delicate psyches. If you wish to protect them, why would you hire somebody whose stock- in-trade is transgression mean, Robert Mapplethorpe, Sally Mann, Jock Sturges, Helmut Newton, Jan Saudek, Ruth Bernhard, Man Ray, Edward Weston...you wouldn't want any of those perverts influencing your snowflake.\" Posted on Thursday, 05 April 2018 at 11:33 in News and Occasions, Photographers, current | Permalink Comments You can follow this conversation by subscribing to the comment feed for this post still recall the first time saw Nixon's early Brown Sisters photographs, decades ago. They were and are powerful, compelling work. This is a sad coda to his career. Posted by: Bill Tyler | Thursday, 05 April 2018 at 12:09 don't really see what the big deal is. This guy's thing -- his teaching thing -- was provocation, specifically sexual provocation. It was right out in the open, and not secret. It's understandable that some people were rankled, or made to feel uncomfortable by it, but that's the nature of provocation. The head of the photography department at Ohio University when was a student there wasn't provocative at all in his teaching style or topics. Nonetheless, he liked to insist on inviting himself into the darkroom with the undergraduate boys to help them load their film. After the film was loaded, his hands invariably found themselves wondering down your pants. It took considerable effort to fight him off. When told our dorm about it, the said, \"Who cares? He does that with everybody. Let him get his jollies.\" There's a world of difference, in my view, between that kind of molestation of students by a \"respectable\" member of faculty, on the one hand, and the provocation apparently put forth in the open by Nicholas Nixon. The latter is honest if perhaps a bit strong sometimes despair that people today are becoming too squeamish. There's really no place for that among serious students of art. Censuring strong provocation in university professors might make them go away, but predatory pervs like my old professor will always be there, lurking in the dark. Posted by: Doug Thacker | Thursday, 05 April 2018 at 01:05 seriously can't understand some of these guys. Posted by: Stan B. | Thursday, 05 April 2018 at 02:50 He was (past tense!) one of my heroes suppose given the up close and personal nature of a lot of his photos of people that are in his various publications that he might venture to bits and pieces other than eyes and ears. Never did imagine he'd abuse his teaching privileges. Always liked best his New Topographics work and other landscapes, anyway. I'm guessing Edward Weston would never be able to get a teaching position these days... Posted by: Tom Frost | Thursday, 05 April 2018 at 03:21 Jordan Peterson, a University of Toronto Psychology Professor, refuses to use genderless pronouns if asked to do so by a student. Professor Peterson claims that it infringes on his academic freedom. However, under Ontario human rights law, like that in other provinces, ignoring such a request is a form of gender discrimination. Newspaper article is here. Posted by: Robert Hudyma | Thursday, 05 April 2018 at 03:32 2/21/25, 7:13 The Online Photographer: The Sad Fall from Grace of Nicholas Nixon 2/4 constant theme that runs through the descriptions of Mr. Nixon's transgressions is that so many of his students and fellow faculty members looked what he did as being \"edgy.\" It just goes to show that if you are constantly running up to the edge, it's only a matter of time until you fall into the abyss. Posted by: Gordon Lewis | Thursday, 05 April 2018 at 03:54 \"In fairness to Nick, no students brought complaints against him don't think this comment is really appropriate. In situations like this it is uncommon for victims to make complaints due to a belief that they are over-reacting, not perceiving the situation realistically, or they feel that no-one will do anything. What Nixon did was an abuse of his position. There is no excuse for it. His past work does not make up for it. His stature as a photographer and instructor does not make up for it. His skill with large-format photography does not make up for it. There are many great photographers in the world who do not and have not abused their positions. We should not mourn the fact that Nixon was found to be abusive. We should absolutely condemn him and anyone else who might consider using their social stature to bully, intimidate, or put other people in compromising situations. Posted by: Nick James | Thursday, 05 April 2018 at 05:11 Nicholas Nixon does not belong in a school setting, but does a \"fall from grace\" mean we should disregard or worse, degrade his artistic accomplishments? Is he still not a leading light of American art photography I'm not arguing your point, only wondering how we should now regard his genuinely great work. The question is valid if we understand ourselves to be imperfect. Posted by: Omer | Thursday, 05 April 2018 at 06:59 Not to name names, but notable careers are being ended left and right at Mass Art Posted by: hugh crawford | Thursday, 05 April 2018 at 07:05 Nick Nixon, when interviewed on the matter said am not a crook\". Back to you in the studio, Mike! Posted by: brad | Thursday, 05 April 2018 at 07:14 Sex, drugs and rock 'n' roll, was a 1960s lifestyle. The popular movie Blow Up (1966) was about a commercial photographer who was living it. Now jump forward to the today of #MeToo. In the 52 years that have past, a lot has changed. The movies Deep Throat (1972) had long lines of non-pervs waiting to see it joke of the day was that President Nixon had seen Deep Throat seven times, but never could get it down pat. The Joy of Sex was an illustrated sex manual by British author Alex Comfort. It spent eleven weeks at the top of the New York Times bestseller list and more than 70 weeks in the top five (1972\u20131974). What Nick Nixon is accused of would not have been out-of-place when he started at MassArt in 1975. Later in his career, when some of his actions could have been seen as inappropriate, new students all knew about his teaching style. According to the article no student ever made a complaint against Nixon. It looks to me as if the Globe is on a witch-hunt, in a desperate bid to again become relevant. Nick Nixon, like many hidebound old-men, could not adjust to changing times. But the pendulum swings both ways. In another 20-30 years telling a woman she has a nice ass, will be seen as an insult. Posted by: cdembrey | Thursday, 05 April 2018 at 07:37 It is sad, very sad, but there is not much flesh on the story here. Sometimes this behavior is organic (medically speaking), sometimes it's tone-deafness and sometimes much worse. But in our current hysteria many ignore these distinctions. Posted by: Douglas Chadwick | Thursday, 05 April 2018 at 08:05 was and am a great admirer of his work had one interaction with him by email that was fairly weird and vaguely sexual but maybe appropriate \"If you are asking would say that your pictures need more surprise, more risk and more danger. More dick and heart, less head... \" [oddly enough think that would work as a stock phrase you could use on approx 1/3 of all photographers...and think my pictures at the time had a fair amount of heart read the article and absolutely agree that his behavior was inexcusable and disgusting. And yet I'm left still being an admirer of his work. He had a small exhibit at the in Boston and remember this photo he took of an eyeball that was technically stunning as well as emotionally gripping and just beautiful. It remains so. I'm ok with that dichotomy and still trying to find a good place to be with it. Art to me, at its best, is more than just about the artist who created it don't think you need to romanticize the artist and his or her bad behavior, but by the same token don't think you need to dismiss the art made by someone with major or extreme personality flaws. Additionally think there's an interesting contrast with how we view contemporary artists vs artists from the near or distant past. Jimmy Page as just one example dated a 14 year old girl while being a rock star. He walks among us as a respected rock god. 2/21/25, 7:13 The Online Photographer: The Sad Fall from Grace of Nicholas Nixon 3/4 wonder if someone could prove that Bach had been some sort of deviant (in truth we know not all that much about him), would his music mean less to me than it does now. Anyway, shortly: Nick Nixon: acted repulsively/eyeball picture: remains pretty amazing Posted by: Paul | Thursday, 05 April 2018 at 10:39 Or you could get it directly from Bill himself via Posted by: Mark | Friday, 06 April 2018 at 12:31 Let's not forget the controversy surrounding Jock Sturges, those interested can google it up was even aware of an art teacher in the 90's where was living, that wanted his students to photograph themselves nude as an \"exercise\". Is art school a great place for hidden \"leches\"? You are at the mercy of the times you live in. As a person who has managed large groups of media people, even I'm amazed my how the most innocent thing is taken in the worst possible way by many millennials. Sometimes it seems like a way to halt the work and create controversy because they just don't like the work or the management never asked anyone to look at a picture of my penis tho... Posted by: Crabby Umbo | Friday, 06 April 2018 at 08:12 gave my mother \"The Brown Sisters Forty Years\" when it came out and she absolutely loves it forward the new yearly portraits to her when available. We've talked about when the project will eventually end and why, because so many ingredients need to come together each year for a project like this to remain fruitful think that project is probably finished now, but not for any of the reasons Mom and discussed. Posted by: Jeff Warden | Friday, 06 April 2018 at 08:16 am not sure that 'sad' is the right description of this. If what the article describes is correct then this should be a cause for joy, not sadness: another person who has been consciously taking advantage of his position of power over much younger and assume) mostly female students has been stopped from further abuse. That's a good thing. The only thing that may be sad is that it may now become hard to say you (by which mean 'I') appreciate the photographs he took. That's a really complicated question think: am allowed still to like 'Baby Driver don't know. But dealing with another powerful man abusing people? That's not sad. (Note: I'm male.) Posted by: Tim Bradshaw | Friday, 06 April 2018 at 05:55 spent 21 years in the Boston area. On occasion, when was in my 20s, I'd meet up with photo students (friends) at the college liked checking out their work. Nicholas Nixon often came up in conversation envied them for having access to him. I've been a fan of Nixon from the time first saw his work in the 80s. His AIDs series changed my way of seeing the disease and its devastating impact on those who were sick and their friends and families remember how society ostracized those who were stricken. For me, that series is a perfect embodiment of art, journalism, and social commentary. When first read of Nixon's transgressions, my gut churned, and a palpable sadness engulfed me. I'm angry. Although still love much of his work detest him for his actions as an educator. He crossed a line--by miles and miles. I'm curious to know at what point his judgment slipped. Maybe he succumbed to early onset dementia don't know. As a former adjunct professor know young college students are especially vulnerable. They're transitioning from childhood to adulthood. To what extent his transgressions have impacted the emotional, intellectual, and self-esteem of his students will, over time, unfold. What now? Will he be indicted for his abhorrent behavior? Will he be evaluated and possibly committed to a psych facility? Or will his lawyer manage to get him off the hook hope the goes after him with a vengeance and that his former students are helped, whether it be financial compensation and/or counselling. My heart goes out to his students. Posted by: Bob Rosinsky | Sunday, 08 April 2018 at 03:47 Hi Mike, in case you don't know, the sexual harassment issue has been going on for a while involving many renowned scientists in diverse disciplines. Here is one recent case: rochester-1.22620 don't have any sympathy for the perpetrators, no matter how great they are as scientists. Posted by: wchen | Wednesday, 11 April 2018 at 07:09 The comments to this entry are closed. 2/21/25, 7:13 The Online Photographer: The Sad Fall from Grace of Nicholas Nixon 4/4", "7423_104.pdf": "News Photographer Accused of Sexual Harassment Asks Boston to Take Down His Exhibition The museum will close the show 10 days early, in accordance with the wishes of Nicholas Nixon, who has been accused of sexual harassment by several of his former students. Claire Voon April 12, 2018 via YouTube)\u201d width=\u201d720\u2033 height=\u201d405\u2033 srcset=\u201d portrait-still-720\u00d7405.jpg 720w, 1080\u00d7608.jpg 1080w, 360w, 1400w\u201d sizes=\u201d(max-width: 720px) 100vw, 720px\u201d> Nicholas Nixon, still from Museum of Modern Art video on the artist (screenshot via YouTube) Boston\u2019s Institute of Contemporary Art is prematurely closing an exhibition of photographs by Nicholas Nixon at the artist\u2019s instruction, following allegations of sexual harassment raised by his former students at the Massachusetts College of Art and Design (MassArt). Originally scheduled to end on April 22, the show, Persistence of Vision, will be taken down when the museum closes today, a museum spokesperson told Hyperallergic. The news, which was first reported by the blog Wonderland, is an unexpected twist in the debate over how the accusations might affect Nixon\u2019s work. Last week, the Boston Globe published allegations by over a dozen of the photographer\u2019s former students who described unwanted advances from him, over years, that ranged from vulgar remarks in the classroom to requests that they pose nude for him. In response to the report, the Boston decided to keep the exhibition on view but address the controversy through new gallery signage as well as an online open forum. But yesterday, the museum released a new statement based on Nixon\u2019s personal decision. Shared on its exhibition page, which is updated to reflect the new closure, the full statement reads: In response to the ICA\u2019s decisions to create new gallery signage and an online forum about Nicholas Nixon\u2019s alleged misconduct in his capacity as a professor at MassArt, the artist today sent a letter to the museum stating believe it is impossible for these photographs to be viewed on their own merits any longer. In response, with deep regret, and only after careful thought believe it is more respectful to all concerned\u2014to your mission, and to the work itself \u2014to remove the exhibit as soon as possible.\u201d Nixon, 70, retired from his position as a photography professor at MassArt early last month after allegations of inappropriate behavior were brought to the school\u2019s attention. An email sent from MassArt president David Nelson to students, staff, and alumni noted that because of these claims, the school hired an external consultant to investigate the possibility that Nixon violated Title IX, the federal law that prohibits discrimination on the basis of sex in federally funded education programs. The Globe\u2018s report detailed many allegations \u2014 from individuals who had not previously filed complaints to the university \u2014 which suggest how Nixon \u201csuffused his classroom with sexuality.\u201d Former students interviewed recall him asking them to pose nude for him and receiving inappropriate emails from his private account, including one woman who said Nixon recounted an erotic dream he\u2019d had about her. Another former student described one class when Nixon brought students \u201che really wanted to photograph shirtless\u201d into an office, one-by-one, where he photographed them. He later presented the images in class. In a statement sent to the Globe, Nixon acknowledged that his behavior was inappropriate realize that should have censored myself more,\u201d he said. \u201cTo those students offer my profound apology.\u201d His attorney, Bruce Singal, added, \u201cThe conduct we\u2019re aware of was strictly consensual. It is alarming to me that the school is seeming now to take a completely different posture than at any time in the previous 42 years.\u201d Nicholas Nixon, \u201cThe Brown Sisters, New Canaan, Connecticut\u201d (1975) (image courtesy Fraenkel Gallery, San Francisco; \u00a9 Nicholas Nixon) The ongoing investigation raised many questions for the ICA, where Persistence of Vision has been on view since last December. Organized around Nixon\u2019s most famous series, The Brown Sisters, which features portraits of the artist\u2019s wife with her three sisters, it also includes his images of landscapes and individuals with AIDS. Last week, the launched an open forum on its website, explaining that it decided to keep the show on view for its final weeks. Director Jill Medvedow and chief curator Eva Respini explained their own thoughts behind the decision and also welcomed its staff to share opinions on the matter. The page has since been deleted (although a web cache remains accessible as of this writing). The did not respond to Hyperallergic\u2019s inquiries into why the forum was taken down, rather than archived and kept publicly available. In her post, Respini grappled with whether she could still love Nixon\u2019s photography and examined her role and responsibility as a curator. \u201cWith these allegations am faced with some difficult questions,\u201d she wrote. \u201cDoes the work of an artist accused of questionable behavior need to be revisited or re-contextualized?\u201d She continued: What is my role as consider the allegations about an artist that put on view in \u2018my\u2019 museum? What is my responsibility and response, as woman and a feminist? As a champion of artists? As a public figure who serves audiences that include MassArt students, alumni, and faculty? If we see art through the lens of an artist\u2019s conduct or beliefs, do we strip it of its intrinsic worth? She concluded by stating that she has more questions than answers, although she believes museums should be \u201csafe spaces for open dialogue and debate.\u201d Almost all the other comments, whose authors are identified only as Staff Member,\u201d express outrage and shame at the museum\u2019s initial decision to leave the show up. \u201cBy keeping this exhibition on view and by twisting this decision to be about public discourse, the as an institution is silencing the voices of those who have come forward to name Nicholas Nixon as an abuser,\u201d one staffer wrote. \u201cThis demonstrates the has no intention of upholding the radical values it touts in its mission statement and most recent strategic plan.\u201d Another staffer described how they \u201ccould no longer feel safe within the walls of the institution work in, when \u2018we\u2019 decided to take the side of predator versus the side of the victims. \u201cInstead of holding space for the victims, we chose to continue to give this man a platform to show his work and in turn, continue to support him,\u201d they wrote. \u201cAs a woman who works at the am sickened by this.\u201d Two others claimed that they were aware of Nixon\u2019s behavior, with one describing it as \u201can open secret within the Boston art community.\u201d One post, written by a staffer who once audited a class taught by Nixon, defended the photographer, describing him as \u201cpart of an older generation that is [sic] seems was more open to these matters.\u201d They added that judgment should not be passed until \u201cthe completion of a thorough investigation Boston\u2019s initial decision to leave the exhibition open is reminiscent of one by the Pennsylvania Academy of Fine Arts (PAFA), which was hosting an exhibition of Chuck Close\u2019s photographs when sexual harassment allegations against him surfaced elected to keep the show up, but supplemented it with a companion display on power and gender dynamics. Nixon\u2019s recent decision to close his own show, however, in the wake of harassment allegations, is unprecedented. Nixon is one of two former professors to recently leave MassArts after students brought forth complaints of sexual misbehavior against them. On March 29, filmmaker Saul Levine posted a 30-minute Facebook Live video in which he says he was forced out of the school. Last month, he recalls, administrators received word from students who say he crossed a line when he showed \u00a9 2025 Hyperallergic them one of his experimental films, which features Levine having sex with his partner. Nelson, MassArts\u2019s president, declined to provide further details but said in a statement, according to Artforum, that \u201cno faculty member has been forced to retire over matters of academic freedom.\u201d The National Coalition Against Censorship cast the episode in much starker terms, expressing its concern that such incidents will squash academic freedom and concluding: \u201cStudents should feel safe from personal abuse and discrimination, but the ideas they are exposed to should not have to be safe.\u201d", "7423_105.pdf": "The Two-Way Art Exhibit Closes Early Amid Sexual Harassment Claims Against Photographer 13, 2018 \u00b7 5:34 Maggie Penman The exhibit \"Persistence of Vision\" had been up since December, months before the allegations against Nicholas Nixon became public. Meredith Nierman News large retrospective celebrating the photographer Nicholas Nixon has come down 10 days early, amid sexual harassment allegations against the artist. Nixon, 70, is best known for \"The Brown Sisters,\" a series of portraits of his wife, Bebe, and her three sisters, taken every year for more than four decades. The 24 Hour Program Stream On Air Now 2/21/25, 7:13 Nicholas Nixon Photography Exhibit Taken Down Amid Sexual Harassment Claims : The Two-Way 1/16 sisters stand close together, always in the same order. They stare intently at the camera, not smiling. Diana Crane remembers the first time she saw it, years ago at the Museum of Fine Arts in Boston. She says she sat in front of it for over an hour was so taken by it, and so moved by,\" Crane said just found it extremely powerful.\" When she heard that the exhibition at the Institute of Contemporary Art in Boston would be closing early, she rushed over to see it literally cleared my calendar to get here this morning,\" Crane said outside the museum was supposed to come on the 20th with a group of friends. And when heard the report last night that it was closing said have to get there.\" But Crane said this time it wasn't quite the same. \"Because of the controversy was really, really sad, on a lot of levels,\" she said after looking at Nixon's work. Nixon retired abruptly last month from his teaching position at the Massachusetts College of Art and Design amid allegations that he sent students sexually explicit emails, asked them to pose nude for him, and showed them photographs of his 2/21/25, 7:13 Nicholas Nixon Photography Exhibit Taken Down Amid Sexual Harassment Claims : The Two-Way 2/16 own genitalia. The Boston Globe reported on this behavior last week, having interviewed more than a dozen students. After that report, the Institute of Contemporary Art was faced with a decision. The exhibition had been on view since December and would come down April 22. But many people who commented to the museum questioned whether it should be taken down sooner. The museum decided to keep the exhibit on view as planned. In a sign posted in the gallery, it addressed the allegations in a written statement and said this was a \"difficult decision.\" 2/21/25, 7:13 Nicholas Nixon Photography Exhibit Taken Down Amid Sexual Harassment Claims : The Two-Way 3/16 sign contextualizing the exhibition was added after the allegations became public. Now, this sign and the exhibit will come down, according to the artist's wishes. Meredith Nierman News \"There are divergent opinions within the community and our publics around this decision,\" the statement went on. \"In the end, we have kept the exhibition on view with a commitment to thoughtful and due process, open dialogue, and debate.\" The sign also invited viewers to comment on the issue on an open online forum, which has since been taken down. Several comments, including from staff members, expressed \"disappointment\" and even shame at the decision to leave the exhibit up. 2/21/25, 7:13 Nicholas Nixon Photography Exhibit Taken Down Amid Sexual Harassment Claims : The Two-Way 4/16 Then, a plot twist: Nixon himself asked for the work to be taken down. In a letter to the ICA's director and chief curator, the artist wrote that he \"believes it is impossible for these photographs to be viewed on their own merits any longer. \"In response, with deep regret, and only after careful thought believe it is more respectful to all concerned \u2014 to your mission, and to the work itself \u2014 to take down the show ahead of schedule, and remove the exhibit as soon as possible.\" The museum honored the artist's wishes, disassembling the exhibition the following day. The news is what led art lovers like Crane to rearrange their schedules \u2014 to see \"The Brown Sisters\" for what she believes could be the last time part of me feels like, we'll never see it again,\" she said. Though she supports the #MeToo movement and understands why it will be difficult for museums and galleries to show the work in the future, she does feel a sense of loss have really mixed emotions about the whole thing,\" she said. The photography community and art community at large are struggling too, with whether one can or should separate art from the artist. 2/21/25, 7:13 Nicholas Nixon Photography Exhibit Taken Down Amid Sexual Harassment Claims : The Two-Way 5/16 News without the noise Our journalists summarize the biggest stories in the Up First newsletter so you can stay informed, not overwhelmed. See more subscription options By subscribing, you acknowledge and agree to NPR's Terms of Use and Privacy Policy may share your name and email address with your station. See Details. Email address Natalie Schaefer, an artist and photographer in Boston, said that showing and celebrating Nixon's work contributes to the power he has over young women. \"He wasn't just a professor,\" she said. \"Half the reason [photography students] go to MassArt likely is because they know he works there. So they already really respect him as this celebrity.\" Other photographers feel that his entire body of work should not be lost because of the recent allegations. \"He's done a lifetime worth of work,\" said Nina Berman, a photographer and professor at Columbia University. \"When did this bad behavior begin? So, you know, say, the first 30 years of his life, the pictures are to show, but the more recent pictures aren't? You can't really judge someone's creative output that way.\" The staff say they don't know what will happen to the photos now that they have been removed. nicholas nixon the brown sisters 2/21/25, 7:13 Nicholas Nixon Photography Exhibit Taken Down Amid Sexual Harassment Claims : The Two-Way 6/16 More Stories From Federal judge hears arguments to decide the future of Trump's federal funding freeze 2/21/25, 7:13 Nicholas Nixon Photography Exhibit Taken Down Amid Sexual Harassment Claims : The Two-Way 7/16 brief history of beards and baseball after the Yankees lift their no beard policy Man who stabbed Salman Rushdie convicted of attempted murder 2/21/25, 7:13 Nicholas Nixon Photography Exhibit Taken Down Amid Sexual Harassment Claims : The Two-Way 8/16 Luigi Mangione's lawyer claims he was searched illegally during arrest Supreme Court punts on order that blocked Trump's firing of special counsel Trump's passport policy leaves trans, intersex Americans in the lurch 2/21/25, 7:13 Nicholas Nixon Photography Exhibit Taken Down Amid Sexual Harassment Claims : The Two-Way 9/16 Popular on NPR.org 'See you in court': Trump and Maine's governor spar over trans athlete order 2/21/25, 7:13 Nicholas Nixon Photography Exhibit Taken Down Amid Sexual Harassment Claims : The Two-Way 10/16 Measles cases are rising in the U.S. Do adults need a vaccine booster sues Trump White House for denying access over 'Gulf of Mexico' row 2/21/25, 7:13 Nicholas Nixon Photography Exhibit Taken Down Amid Sexual Harassment Claims : The Two-Way 11/16 After mass layoffs, some federal agencies are trying to bring employees back host Adrian Ma remembers his girlfriend who died in D.C. plane crash Bad wellness advice is all over social media. These creators are pushing back 2/21/25, 7:13 Nicholas Nixon Photography Exhibit Taken Down Amid Sexual Harassment Claims : The Two-Way 12/16 Editors' Picks Census Bureau stopped work on data for protecting trans rights, former director says 2/21/25, 7:13 Nicholas Nixon Photography Exhibit Taken Down Amid Sexual Harassment Claims : The Two-Way 13/16 The Netherlands will return more than 100 bronze artifacts to Nigeria From the history of the banjo to the Texas oil industry, check out these new podcasts 2/21/25, 7:13 Nicholas Nixon Photography Exhibit Taken Down Amid Sexual Harassment Claims : The Two-Way 14/16 Federal judge wants 'adversarial' review of Mayor Eric Adams deal Senate adopts budget resolution after marathon vote-a-rama. Now what Can there be peace in Ukraine, or is Putin just playing for time? 2/21/25, 7:13 Nicholas Nixon Photography Exhibit Taken Down Amid Sexual Harassment Claims : The Two-Way 15/16 Home News Culture Music Podcasts & Shows Newsletters Facebook Instagram Press Public Editor Corrections Contact & Help Overview Diversity Network Accessibility Ethics Finances Support Public Radio Sponsor Careers Shop Events Extra terms of use privacy your privacy choices text only \u00a9 2025 npr 2/21/25, 7:13 Nicholas Nixon Photography Exhibit Taken Down Amid Sexual Harassment Claims : The Two-Way 16/16"} |
7,279 | George P. Melican | Coastline Community College | [] | {} |
7,318 | David Champouillon | East Tennessee State University | [
"7318_101.pdf",
"7318_102.pdf",
"7318_103.pdf",
"7318_104.pdf",
"7318_105.pdf"
] | {"7318_101.pdf": "by: Lauren Castle Posted: Feb 7, 2017 / 05:22 Updated: Feb 7, 2017 / 05:22 (WJHL) \u2013 East Tennessee State University is trying to fire a tenured music professor following an internal investigation that found he sexually harassed two faculty members, according to university records. While he fights his proposed termination, David Champouillon remains on paid suspension. 30 trying to fire professor for sexual harrassment 2/21/25, 7:14 trying to fire professor for sexual harrassment 1/21 Hundreds of pages of records show faculty and students have accused Champouillon of lewd and inappropriate behavior. The university initiated an internal investigation after two faculty members filed sexual harassment complaints in late 2016, records revealed. Both faculty members alleged Champouillon\u2019s inappropriate behavior resulted in a hostile work environment in ETSU\u2019s music department. The investigation substantiated the allegations, according to records notified Champouillon that the university was seeking his \u201cTermination for Adequate Cause\u201d in November for \u201cCapricious disregard of accepted standards of professional conduct,\u201d according to university records. Some of the allegations are graphic. They include comments Champouillon reportedly made about students and co-workers\u2019 bodies, his personal sex life and other unwanted sexual comments, according to records. The investigation revealed his behavior went back years, to as early as 2009, and identified at least 50 instances, according to records. The investigation found, among other things, that he once insinuated a colleague looked like a stripper in the presence of students, saying \u201cAll you\u2019re missing is a pole,\u201d according to his > Next > Cancel \u2715 Next story in > Cancel Next story in 2/21/25, 7:14 trying to fire professor for sexual harrassment 2/21 termination letter. The university\u2019s Title investigator also found Champouillon once made a derogatory comment about a female colleague, according to records. The investigation found in 2016, he shined a flashlight on a student\u2019s rear end and told her \u201cthat looks nice,\u201d he told a student her boots and glasses \u201care very sexy\u201d and when a student delivered a box to his office later that year, called her \u201ca pretty young lady\u201d and asked her to > Next > Next story in > Next story in 2/21/25, 7:14 trying to fire professor for sexual harrassment 3/21 bend over and open it, adding \u201cYou\u2019ve done me a favor, now owe you one. They call me the fixer around here,\u201d according to records placed Champouillon on administrative leave in September after the university received the complaints, records revealed. The professor appealed the decision, but a committee upheld his paid suspension by a vote of 6-1 last month pending the outcome of formal disciplinary proceedings, according to records. According to state records, Champouillon\u2019s annual salary is $63,000. Champouillon\u2019s attorney Jim Culp insists the man has never done anything inappropriate can\u2019t try the case in the media, but the fact is he just hasn\u2019t done these things,\u201d Culp said. \u201cThey\u2019re two sides to every story. Things that Dr. Champouillon has been accused of he vigorously denies. He has not done those things. He has not harassed anyone.\u201d Culp acknowledges the professor\u2019s personality can be off-putting to some. He and his client suggest disgruntled faculty and former students have made up lies about him. \u201cHe\u2019s outspoken and sometimes brash, but he is courteous and respectful of people too,\u201d Culp said. \u201cHe\u2019s a decent man who can be abrasive and there are times think, when people get angry with him and don\u2019t let go of grudges very easily think that he has had concerted hostility directed toward him, not by the university as an institution, but by people within its community.\u201d Culp, the son of a former president, says Champouillon intends to fight the university, the allegations, and the proposed termination all the way. As an attorney, he says he only takes on the university when is wrong think they\u2019re dead wrong,\u201d he said of the university. Champouillon denied the accusations himself in an October letter to ETSU\u2019s Office of Equity and Diversity categorically deny these accusations,\u201d he said in the letter. \u201cOverall, these complaints about 4-5 years of improper behavior, are the result of students lying to faculty, other faculty lying to > Next > Next story in > Next story in 2/21/25, 7:14 trying to fire professor for sexual harrassment 4/21 faculty, or the appearance of administrators breaking personnel confidentiality\u2026The allegations are baseless, unwitnessed, hearsay, double hearsay, undocumented, and even simply made up out of a fear \u2013 a fear that has been propagated by disgruntled former students and faculty\u2026These false accusations have done irreparable harm to my reputation and adversely affected the education of trumpet and jazz ensemble students spokesperson Joe Smith said the university can\u2019t talk about the details of the case > Next > Next story in > Next story in 2/21/25, 7:14 trying to fire professor for sexual harrassment 5/21 \u201cIt\u2019s our policy that we don\u2019t comment on the specifics of any kind of personnel investigation here at the university,\u201d Smith said. \u201cWe take any complaint of sexual harassment very seriously and they are investigated.\u201d In general terms, Smith said the outcomes and disciplinary action that result from personnel investigations vary depending on the nature of the allegations and the behavior that took place. \u201cSexual harassment is a behavior that goes against the mission and values of the institution and against our belief that people should be treated with dignity and respect,\u201d Smith said. \u201cIt goes against who we are as an institution and that\u2019s why the behavior won\u2019t be tolerated.\u201d Champouillon\u2019s termination hearing has yet to be scheduled, his attorney said. He is not allowed to be on property without prior permission, according to university records. Champouillon is not charged with any crime in connection to this investigation. Suggest a Correction Copyright 2025 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed Netanyahu decries release of wrong body as a ceasefire > Next > Next story in > Next story in 2/21/25, 7:14 trying to fire professor for sexual harrassment 6/21 Top Stories Two dead after crash on Cumberland Gap Parkway in \u2026 Woman accused of drugging and robbing older men in \u2026 Trump fires chairman of the Joint Chiefs of Staff envoy praises Zelenskyy after Trump\u2019s censure \u2026 Judge clears way for Trump administration to pull \u2026 Police arrest a suspect in a stabbing at Berlin\u2019s \u2026 3rd graders raise money for Helene relief by running \u2026 Bill sparks debate in Townsend over revenue, sales \u2026 Tree-lined plazas, splashpad to surround new stadium > Next > Next story in > Next story in 2/21/25, 7:14 trying to fire professor for sexual harrassment 7/21 Argentina\u2019s crypto scandal dings Milei, involves \u2026 Judge largely blocks Trump\u2019s executive orders ending \u2026 Judge cancels Mayor Eric Adams\u2019 trial and leaves \u2026 More Stories 6 On Your Side Video More Videos > Next > Next story in > Next story in 2/21/25, 7:14 trying to fire professor for sexual harrassment 8/21 Woman dead after tent catches fire near Townsend Blount County News 7 hours ago Cans reused to store food at West Knoxville restaurant Food For Thought 1 day ago > Next > Next story in > Next story in 2/21/25, 7:14 trying to fire professor for sexual harrassment 9/21 Anderson County Park access closed for road collapse Anderson County News 3 hours ago Tennessee \u2018disappointed\u2019 Nebraska cancels series Orange and White Nation 4 hours ago > Next > Next story in > Next story in 2/21/25, 7:14 trying to fire professor for sexual harrassment 10/21 Tree-lined plazas, splashpad to surround new stadium Knoxville Stadium 1 hour ago Report released on explosion that leveled home Local News 5 hours ago > Next > Next story in > Next story in 2/21/25, 7:14 trying to fire professor for sexual harrassment 11/21 How much is paid to hold detainees Knox County News 1 day ago North Carolina woman getting new home after Helene Community 1 day ago > Next > Next story in > Next story in 2/21/25, 7:14 trying to fire professor for sexual harrassment 12/21 UT, Vandy leaders grant change will impact Tennessee 1 day ago Bull Run site to house fusion power plant project Anderson County News 21 hours ago > Next > Next story in > Next story in 2/21/25, 7:14 trying to fire professor for sexual harrassment 13/21 Coolest products at 2025 on sale now Amazon just dropped 30 new Squishmallows \u2014 just in \u2026 Lego debuts the most perfect Valentine\u2019s Day gift, \u2026 The \u2018Walmart Birkin\u2019 is no longer available, but > Next > Next story in > Next story in 2/21/25, 7:14 trying to fire professor for sexual harrassment 14/21 carry-on luggage rules: your yearly reminder \u2026 9 best radiant heaters for chilly winter months 10 Lunar New Year gifts to welcome the Year of the \u2026 These products should be kept in your car to handle > Next > Next story in > Next story in 2/21/25, 7:14 trying to fire professor for sexual harrassment 15/21 What should you pack in a go bag? How to improve the air quality in your home Tips to help you prepare for wildfire emergencies Best air purifiers to protect yourself from wildfire \u2026 View All Deals 1 Woman dead after tent catches fire near Townsend 2 Cans reused to store food at West Knoxville restaurant 3 Anderson County Park access closed for road collapse 4 Tennessee \u2018disappointed\u2019 Nebraska cancels series 5 Tree-lined plazas, splashpad to surround new stadium > Next > Next story in > Next story in 2/21/25, 7:14 trying to fire professor for sexual harrassment 16/21 Current 30\u00b0 Clear Tonight 20\u00b0 Mostly Clear Precip: 0% Tomorrow 46\u00b0 Variably Cloudy Precip: 0% 6 Report released on explosion that leveled home After Helene: Relief and Recovery in TN/North Carolina Community 2 days ago \u2022 Gas Tracker: Find the best price in your area Local News 3 years ago \u2022 New attractions coming to East Tennessee in 2025 Entertainment 3 months ago \u2022 How to watch WATE\u2019s Honoring Black History special Honoring Black History Here are Amazon\u2019s #1 bestsellers this week Holiday 2 days ago Le Creuset, Stanley and more top Amazon\u2019s \u2018hot\u2019 \u2026 Holiday 3 days ago > Next > Next story in > Next story in 2/21/25, 7:14 trying to fire professor for sexual harrassment 17/21 Best Buy Presidents Day Sale: Apple, Samsung, Dyson \u2026 Holiday 4 days ago The best Presidents Day deals on Amazon today Holiday 4 days ago 10 Presidents Day small appliance deals you shouldn\u2019t \u2026 Holiday 4 days ago The best Presidents Day deals to shop now Holiday 4 days ago View All BestReviews Picks \u2022 \u2022 \u2022 \u2022 Latest News Videos > Next > Next story in > Next story in 2/21/25, 7:14 trying to fire professor for sexual harrassment 18/21 Knoxville News, Weather, and Sports News Smoky Mountains Knoxville Weather Sports Living East Tennessee Watch Newscasts More Videos WATE\u2019s 2025 Honoring Black History special 43 mins ago > Next > Next story in > Next story in 2/21/25, 7:14 trying to fire professor for sexual harrassment 19/21 Voices of the Valley with Tearsa Smith Submit video and photos NewsNation Now About Us About Our Ads Report Public File Nexstar Certification Get News App Get Weather App Stay Connected Privacy Policy 11/18/2024 Terms Of Use Applications Public File Assistance Contact The Hill NewsNation BestReviews Content Licensing Nexstar Digital Journalistic Integrity Sitemap > Next > Next story in > Next story in 2/21/25, 7:14 trying to fire professor for sexual harrassment 20/21 Do Not Sell or Share My Personal Information \u00a9 1998 - 2025 Nexstar Media Inc. | All Rights Reserved > Next > Next story in > Next story in 2/21/25, 7:14 trying to fire professor for sexual harrassment 21/21", "7318_102.pdf": "champouillon-1495222066697-6807482-ver1-0 UPDATE: Champouillon out at following sexual harrassment investigation by News 5 Staff Fri, May 19th 2017 at 3:46 2/21/25, 7:15 UPDATE: Champouillon out at ETSU... 1/4 East Tennessee State University President Brian Noland said evidence from an internal investigation was clear and convincing, leading him to fire the school's Director of Jazz Studies David Champouillon on Friday notice of charges against Champouillon was issued on Jan. 30, 2016 after fellow faculty members accused the professor of sexual harassment. News 5's Kristi O'Connor reported in March that he had been disciplined by the Johnson City school for misconduct and other violations on five different occasions dating back to 2010 copy of Champouillon termination letter supplied to News 5 said Noland said he had been reviewing the case since February and concurred with the Adequate Cause Committee's recommendation to fire him. That committee said the instructor had repeated angry outbursts and made sexual comments and innuendos toward students and faculty. The jazz teacher had been on paid administrative leave pending the decision 3 killed in shooting outside Louisville DMV, police say 2/21/25, 7:15 UPDATE: Champouillon out at ETSU... 2/4 Murder suspect deleted footage of shooting in Sullivan County, affidavit states Accused of double murder, exonerated man gets his day in court to sue detectives by Taboola Techno Mag War Thunder Join new Free to Play War Thunder Play Now Crossout Crossout 2.0: Supercharged Play Now Access all channels anywhere, anytime AdChoices Sponsored 2/21/25, 7:15 UPDATE: Champouillon out at ETSU... 3/4 Loading 2/21/25, 7:15 UPDATE: Champouillon out at ETSU... 4/4", "7318_103.pdf": "by: Nate Morabito Posted: Jun 5, 2017 / 05:47 Updated: Jun 5, 2017 / 05:47 (WJHL) \u2013 Two East Tennessee State University professors who filed sexual harassment complaints against a tenured music professor are \u201crelieved\u201d the university\u2019s president fired Dr. David Champouillon, according to their advisor Bart Rowlett professors who filed sexual harassment complaints relieved, question past action 26 2/21/25, 7:15 professors who filed sexual harassment complaints relieved, question past action 1/12 The Kingsport attorney said the two feel \u201cjustified\u201d by the outcome of the case involving their colleague would say relieved would be a good word to use,\u201d Rowlett said. \u201cThey feel like they were given the opportunity to be heard, that their allegations were taken seriously.\u201d Now that Dr. Champouillon is no longer employed by ETSU, Rowlett says the two music professors are ready to dedicate all of their energy to their careers at the university without distraction. \u201cThey\u2019re looking forward,\u201d he said just think at this time they\u2019re ready to put the matter behind them and move on.\u201d Although Rowlett says his clients applaud the university\u2019s efforts to fully investigate their sexual harassment concerns starting last fall, he says they\u2019re still left wondering \u201cwhat if?\u201d \u201cBoth of my clients would\u2019ve liked to have not had to gone through the process and would\u2019ve, I\u2019m sure, preferred that the situation had been better addressed in the past, which would have potentially negated the need for them to make complaints,\u201d he said would say that they feel if the university had perhaps maybe taken stronger action in the past, then the conduct that they endured may have not occurred.\u201d Our Community Watchdog investigation revealed struck a deal with Dr. Champouillon in 2010 after allegations involving his use of profanity, his treatment of students and comments about a community member. The university let him keep his job, but warned repeat conduct would result in termination > Next > Cancel \u2715 Next story in > Cancel Next story in 2/21/25, 7:15 professors who filed sexual harassment complaints relieved, question past action 2/12 Almost two years later counseled him for intimidating behavior toward a colleague, according to university records. By 2014, university records show one of the two professors first notified administrators of inappropriate sexual comments and harassment, but did not file a formal complaint, because she said she was afraid of retaliation. She addressed her concerns in 2015 too informally, according to university records counseled Dr. Champouillon again for his behavior in 2015 and then one more time in April 2016, according to university records. The two faculty members filed formal sexual harassment complaints in September 2016. Dr. Brian Noland took over as president in January 2012, after the settlement, but before most of the other documented problems. He says he\u2019s not at liberty to talk about details of the case, because he expects Dr. Champouillon will appeal his termination decision. Is the university going to do anything differently in the future to prevent anything like this from happening?\u201d we asked him think we have pretty aggressive training exercises across campus, we work through elements of professional development at the beginning of every academic year, but as with any institution with 2,600 faculty and staff and almost 15,000 students, there are things that > Next > Next story in > Next story in 2/21/25, 7:15 professors who filed sexual harassment complaints relieved, question past action 3/12 for better or for worse, occur. This is a case that has a long history have not been present at the institution for the entirety of the history, but based upon the history that came forward in this case, there was a lot of work that went into the review, there were multiple committees that met and reviewed the charges that were brought forward against this faculty member and ultimately issued my decision\u2026based upon my review of that activity and the totality of the issues that were contained therein.\u201d Dr. Noland says the university is committed to listening to its employees when they have concerns. \u201cWe hope we have created a culture on campus that is open and if anyone sees anything that draws concern, be it concern from harassment, concern for waste, fraud or abuse, that they step forward and make their concerns known,\u201d he said. At the least, Rowlett hopes this situation inspires others who feel like they\u2019re victims of harassment to come forward, no matter where they work. He says it all starts with educating yourself on your employer\u2019s harassment reporting policy, getting legal help when needed and then following through. \u201cIf the complaint is never made known, then the employer can\u2019t even make an attempt to address it,\u201d Rowlett said. Dr. Champouillon\u2019s attorney Jim Culp confirmed today his client plans on appealing his termination. Culp said he will formally file an appeal with ETSU\u2019s Board of Trustees Thursday. Culp and Dr. Champouillon have maintained he has never harassed anyone and have denied the allegations of inappropriate behavior.Copyright 2017. All rights reserved. Copyright 2025 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed Latest Video > Next > Next story in > Next story in 2/21/25, 7:15 professors who filed sexual harassment complaints relieved, question past action 4/12 More Videos Cult-favorite Yankee Candles are 50% off on Amazon / 8 Hours Ago Fan-favorite Yankee Candles are majorly discounted at Amazon right now. Save up to 50% while supplies last > Next > Next story in > Next story in 2/21/25, 7:15 professors who filed sexual harassment complaints relieved, question past action 5/12 Which earbuds are best for phone calls / 8 Hours Ago Through Bluetooth technology, mobile phones pair with headphones or earbuds, letting you safely talk to your loved ones while keeping your hands free. 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View All BestReviews Judge clears way for Trump administration to pull \u2026 Judge largely blocks Trump\u2019s executive orders ending \u2026 Judge cancels Mayor Eric Adams\u2019 trial and leaves > Next > Next story in > Next story in 2/21/25, 7:15 professors who filed sexual harassment complaints relieved, question past action 7/12 Top Stories Woman accused of drugging and robbing older men in \u2026 Trump fires chairman of the Joint Chiefs of Staff Judge clears way for Trump administration to pull \u2026 Judge largely blocks Trump\u2019s executive orders ending \u2026 Judge cancels Mayor Eric Adams\u2019 trial and leaves \u2026 Judge upholds ban on accessing sensitive Treasury \u2026 National Park Service restores some jobs of fired \u2026 Netanyahu decries release of wrong body as a ceasefire \u2026 More Stories Trump fires chairman of the Joint Chiefs of Staff Judge upholds ban on accessing sensitive Treasury > Next > Next story in > Next story in 2/21/25, 7:15 professors who filed sexual harassment complaints relieved, question past action 8/12 | Tri-Cities News & Weather Video More Videos 1 Man faces 4 statutory rape by authority figure counts 2 Patient from Scott Co. ambulance crash dies 3 Trump fires chairman of the Joint Chiefs of Staff 4 Elizabethton woman accused of killing with vehicle 5 Commission pushes for Boones Creek Tourism District 6 Judge largely blocks Trump\u2019s executive orders ending \u2026 7 Man sentenced for killing Big Stone Gap officer > Next > Next story in > Next story in 2/21/25, 7:15 professors who filed sexual harassment complaints relieved, question past action 9/12 8 Vietnam returned for 2nd tour in honor of friend View All Don't Miss Weekend Events: Vintage market, glow volleyball, \u2026 Don't Miss 13 hours ago Here are Amazon\u2019s #1 bestsellers this week Holiday 2 days ago Le Creuset, Stanley and more top Amazon\u2019s \u2018hot\u2019 \u2026 Holiday 3 days ago Best Buy Presidents Day Sale: Apple, Samsung, Dyson \u2026 Holiday 4 days ago The best Presidents Day deals on Amazon today Holiday 4 days ago > Next > Next story in > Next story in 2/21/25, 7:15 professors who filed sexual harassment complaints relieved, question past action 10/12 News Weather Sports Daytime Tri-Cities Watch Newscasts NewsNation Now About Us About Our Ads Report Public File Nexstar Certification Get News App Get Weather App Stay Connected 10 Presidents Day small appliance deals you shouldn\u2019t \u2026 Holiday 4 days ago The best Presidents Day deals to shop now Holiday 4 days ago View All BestReviews Picks > Next > Next story in > Next story in 2/21/25, 7:15 professors who filed sexual harassment complaints relieved, question past action 11/12 Privacy Policy 11/18/2024 Terms Of Use Applications Public File Assistance Contact The Hill NewsNation BestReviews Content Licensing Nexstar Digital Journalistic Integrity Sitemap Do Not Sell or Share My Personal Information \u00a9 1998 - 2025 Nexstar Media Inc. | All Rights Reserved > Next > Next story in > Next story in 2/21/25, 7:15 professors who filed sexual harassment complaints relieved, question past action 12/12", "7318_104.pdf": "by: Nate Morabito Posted: Feb 6, 2017 / 05:45 Updated: Feb 6, 2017 / 05:45 (WJHL) \u2013 East Tennessee State University is trying to fire tenured music professor and Director of Jazz Studies Dr. David Champouillon following an internal investigation that found he sexually harassed two faculty members, according to university trying to fire Dr. David Champouillon for sexual harassment 26 2/21/25, 7:15 trying to fire Dr. David Champouillon for sexual harassment 1/16 records. While he fights his proposed termination, Dr. Champouillon remains on paid suspension. Hundreds of pages of records show faculty and students have accused Dr. Champouillon of lewd and inappropriate behavior. The university initiated an internal investigation after two faculty members filed sexual harassment complaints in late 2016, records revealed. Both faculty members alleged Dr. Champouillon\u2019s inappropriate behavior resulted in a hostile work environment in ETSU\u2019s Music Department. The investigation substantiated the allegations, according to records notified Dr. Champouillon that the university was seeking his \u201cTermination for Adequate Cause\u201d in November for \u201cCapricious disregard of accepted standards of professional conduct,\u201d according to university records. Some of the allegations are graphic. They include comments Dr. Champouillon reportedly made about students and co-workers\u2019 bodies, his personal sex life and other unwanted sexual comments, according to records. The investigation revealed his behavior went back years, to as early as 2009, and identified at least 50 instances, according to records > Next > Cancel \u2715 Next story in > Cancel Next story in 2/21/25, 7:15 trying to fire Dr. David Champouillon for sexual harassment 2/16 WARNING: Graphic allegations and termination letter from to Dr. David Champouillon (.pdf) The investigation found, among other things, that he once insinuated a colleague looked like a stripper in the presence of students, saying \u201cAll you\u2019re missing is a pole,\u201d according to his Termination for Adequate Cause letter. The university\u2019s Title investigator also found Dr. Champouillon once made a derogatory comment about a female colleague, according to records > Next > Next story in > Next story in 2/21/25, 7:15 trying to fire Dr. David Champouillon for sexual harassment 3/16 The investigation found in 2016, he shined a flashlight on a student\u2019s rear end and told her \u201cthat looks nice,\u201d he told a student her boots and glasses \u201care very sexy\u201d and when a student delivered a box to his office later that year, called her \u201ca pretty young lady\u201d and asked her to bend over and open it, adding \u201cYou\u2019ve done me a favor, now owe you one. They call me the fixer around here,\u201d according to records > Next > Next story in > Next story in 2/21/25, 7:15 trying to fire Dr. David Champouillon for sexual harassment 4/16 placed Dr. Champouillon on administrative leave in September after the university received the complaints, records revealed. The professor appealed the decision, but a committee upheld his paid suspension by a vote of 6-1 last month pending the outcome of formal disciplinary proceedings, according to records. According to state records, Dr. Champouillon\u2019s annual salary is $63,000. Dr. Champouillon\u2019s attorney Jim Culp insists the man has never done anything inappropriate can\u2019t try the case in the media, but the fact is he just hasn\u2019t done these things,\u201d Culp said. \u201cThey\u2019re two sides to every story. Things that Dr. Champouillon has been accused of he vigorously denies. He has not done those things. He has not harassed anyone.\u201d Culp acknowledges the professor\u2019s personality can be off-putting to some. He and his client suggest disgruntled faculty and former students have made up lies about him > Next > Next story in > Next story in 2/21/25, 7:15 trying to fire Dr. David Champouillon for sexual harassment 5/16 \u201cHe\u2019s outspoken and sometimes brash, but he is courteous and respectful of people too,\u201d Culp said. \u201cHe\u2019s a decent man who can be abrasive and there are times think, when people get angry with him and don\u2019t let go of grudges very easily think that he has had concerted hostility directed toward him, not by the university as an institution, but by people within its community.\u201d Culp, the son of a former president, says Dr. Champouillon intends to fight the university, the allegations, and the proposed termination all the way. As an attorney, he says he only takes on the university when is wrong think they\u2019re dead wrong,\u201d he said of the university. Dr. Champouillon denied the accusations himself in an October letter to ETSU\u2019s Office of Equity and Diversity categorically deny these accusations,\u201d he said in the letter. \u201cOverall, these complaints about 4-5 years of improper behavior, are the result of students lying to faculty, other faculty lying to faculty, or the appearance of administrators breaking personnel confidentiality\u2026The allegations are baseless, unwitnessed, hearsay, double hearsay, undocumented, and even simply made up out of a fear \u2013 a fear that has been propagated by disgruntled former students and faculty\u2026These false accusations have done irreparable harm to my reputation and adversely affected the education of trumpet and jazz ensemble students spokesperson Joe Smith said the university can\u2019t talk about the details of the case > Next > Next story in > Next story in 2/21/25, 7:15 trying to fire Dr. David Champouillon for sexual harassment 6/16 \u201cIt\u2019s our policy that we don\u2019t comment on the specifics of any kind of personnel investigation here at the university,\u201d Smith said. \u201cWe take any complaint of sexual harassment very seriously and they are investigated EXTRA: Dr. David Champouillon\u2019s response to ETSU\u2019s letter on his professional conduct and termination (.pdf > Next > Next story in > Next story in 2/21/25, 7:15 trying to fire Dr. David Champouillon for sexual harassment 7/16 In general terms, Smith said the outcomes and disciplinary action that result from personnel investigations vary depending on the nature of the allegations and the behavior that took place. \u201cSexual harassment is a behavior that goes against the mission and values of the institution and against our belief that people should be treated with dignity and respect,\u201d Smith said. \u201cIt goes against who we are as an institution and that\u2019s why the behavior won\u2019t be tolerated.\u201d Dr. Champouillon\u2019s termination hearing has yet to be scheduled, his attorney said. He is not allowed to be on property without prior permission, according to university records. Dr. Champouillon is not charged with any crime in connection to this investigation.Copyright 2017. All rights reserved. Copyright 2025 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed Latest Video More Videos > Next > Next story in > Next story in 2/21/25, 7:15 trying to fire Dr. David Champouillon for sexual harassment 8/16 Cult-favorite Yankee Candles are 50% off on Amazon / 8 Hours Ago Fan-favorite Yankee Candles are majorly discounted at Amazon right now. Save up to 50% while supplies last. Which earbuds are best for phone calls / 8 Hours Ago > Next > Next story in > Next story in 2/21/25, 7:15 trying to fire Dr. David Champouillon for sexual harassment 9/16 Through Bluetooth technology, mobile phones pair with headphones or earbuds, letting you safely talk to your loved ones while keeping your hands free. Best quiet box fan / 9 Hours Ago Finding a quiet box fan can make all the difference in your focus, sleep hygiene and more while you cool off in hot weather. View All BestReviews > Next > Next story in > Next story in 2/21/25, 7:15 trying to fire Dr. David Champouillon for sexual harassment 10/16 Top Stories Judge clears way for Trump administration to pull \u2026 Judge largely blocks Trump\u2019s executive orders ending \u2026 Judge cancels Mayor Eric Adams\u2019 trial and leaves \u2026 Trump fires chairman of the Joint Chiefs of Staff Judge upholds ban on accessing sensitive Treasury > Next > Next story in > Next story in 2/21/25, 7:15 trying to fire Dr. David Champouillon for sexual harassment 11/16 Woman accused of drugging and robbing older men in \u2026 Trump fires chairman of the Joint Chiefs of Staff envoy praises Zelenskyy after Trump\u2019s censure \u2026 Judge clears way for Trump administration to pull \u2026 Judge largely blocks Trump\u2019s executive orders ending \u2026 Judge cancels Mayor Eric Adams\u2019 trial and leaves \u2026 Judge upholds ban on accessing sensitive Treasury \u2026 National Park Service restores some jobs of fired \u2026 More Stories | Tri-Cities News & Weather Video > Next > Next story in > Next story in 2/21/25, 7:15 trying to fire Dr. David Champouillon for sexual harassment 12/16 More Videos 1 Man faces 4 statutory rape by authority figure counts 2 Patient from Scott Co. ambulance crash dies 3 Trump fires chairman of the Joint Chiefs of Staff 4 Elizabethton woman accused of killing with vehicle 5 Commission pushes for Boones Creek Tourism District 6 Judge largely blocks Trump\u2019s executive orders ending \u2026 7 Man sentenced for killing Big Stone Gap officer 8 Vietnam returned for 2nd tour in honor of friend > Next > Next story in > Next story in 2/21/25, 7:15 trying to fire Dr. David Champouillon for sexual harassment 13/16 View All Don't Miss Weekend Events: Vintage market, glow volleyball, \u2026 Don't Miss 13 hours ago Here are Amazon\u2019s #1 bestsellers this week Holiday 2 days ago Le Creuset, Stanley and more top Amazon\u2019s \u2018hot\u2019 \u2026 Holiday 3 days ago Best Buy Presidents Day Sale: Apple, Samsung, Dyson \u2026 Holiday 4 days ago The best Presidents Day deals on Amazon today Holiday 4 days ago 10 Presidents Day small appliance deals you shouldn\u2019t \u2026 Holiday 4 days ago > Next > Next story in > Next story in 2/21/25, 7:15 trying to fire Dr. David Champouillon for sexual harassment 14/16 News Weather Sports Daytime Tri-Cities Watch Newscasts NewsNation Now About Us About Our Ads Report Public File Nexstar Certification Get News App Get Weather App Stay Connected The best Presidents Day deals to shop now Holiday 4 days ago View All BestReviews Picks > Next > Next story in > Next story in 2/21/25, 7:15 trying to fire Dr. David Champouillon for sexual harassment 15/16 Privacy Policy 11/18/2024 Terms Of Use Applications Public File Assistance Contact The Hill NewsNation BestReviews Content Licensing Nexstar Digital Journalistic Integrity Sitemap Do Not Sell or Share My Personal Information \u00a9 1998 - 2025 Nexstar Media Inc. | All Rights Reserved > Next > Next story in > Next story in 2/21/25, 7:15 trying to fire Dr. David Champouillon for sexual harassment 16/16", "7318_105.pdf": "Quotable... \u201cTo read without reflecting is like eating without digesting\u201d -- Edmund Burke Having trouble viewing this email? View it in your browser. Case in Point: Lessons for the proactive manager February 2017 Vol. 9 No. 2 This month we begin our annual review of the past year, looking for any possible trends and emerging items. This is a good time to remind our readers of the purpose of Case in Point. Our goal in this publication is to encourage proactive risk management. We believe it is much less painful to proactively manage a risk than deal with a crisis. While it may be clich\u00e9, it really is important to remember that if you ''see something, say something.'' Many of the events you see linked in our publication each month could have been prevented - or at least the impact dramatically reduced - had certain steps been taken. The risks we face in higher education are extremely diverse, and we believe it takes all stakeholders working together to help create a proactive culture we all benefit from. During 2016, we linked to 449 stories. The breakdown among categories was as follows: Info Security & Tech - 9% Fraud & Ethics - 16% Compliance & Legal - 47% Campus Life & Safety - 26% Other - 2% As has been true the past few years, the Compliance & Legal category contained the most news articles. While we will delve deeper into each category over the coming months, Compliance & Legal will certainly be one we pay close attention to during 2017. Much of the impact from compliance related issues comes from the sub-regulatory guidance issued by various governmental agencies. Sub-regulatory guidance essentially lets us know how the government will enforce certain laws. This is important since these are the standards that external regulators will use to evaluate our operations. With the change in administration in Washington D.C., it is probable that substantial changes will occur with respect to sub-regulatory guidance. We will do our best to keep you informed of any major changes we note. We again invite you to review the events occurring throughout higher education with a view towards proactive risk management. If you see areas of concern or risks you have influence over, take 2/21/25, 7:15 Case In Point 1/9 action before you become the crisis. As always, we invite your comments and suggestions. M. Kevin Robinson Associate Vice President Office of Audit, Compliance & Privacy Information Security & Technology Events Feb 24, 2017: Vanderbilt University Medical Center will be sending letters to more than 3,000 patients whose personal information was inappropriately accessed by a pair of patient transporters. An audit of electronic patient files conducted by the Privacy Office found that two people who worked as patient transporters looked at 3,247 medical records between May 2015 and December 2016, according to a release from VUMC. The employees accessed information from adult and pediatric records, including names, birth dates, and medical record identification numbers. In a few instances one person had the ability to see social security numbers. (link) Feb 20, 2017: More than 1.4 million emails--some divulging Harvard students' grades, financial aid information, and at least one individual's Social Security number--sent over Harvard Computer Society email lists were open to the public until Monday. Teaching fellows, resident tutors, College administrators, and thousands of undergraduates have used the email list service--which the student group made private Monday--for years. Emails sent over lists contained the membership of certain undergraduate groups, bank account numbers for some student organizations, advance copies of a final exam, and answer keys to problem sets. At times, teaching fellows used the lists to discuss students' grades--a move some legal experts say may violate the Family Educational Rights and Privacy Act, a federal law designed to protect students' privacy. (link) Feb 15, 2017: Rasputin, a Russian-speaking and notorious financially-motivated cyber criminal, continues to locate and exploit vulnerable web applications via a proprietary injection (SQLi) tool. Rasputin's latest victims include over 60 (combined total) prominent universities and federal, state, and local U.S. government agencies. In November 2016, Rasputin penetrated the U.S. Election Assistance Commission (EAC) via SQLi. 15 plus years of SQLi attacks, and going strong; this prolific vulnerability remains one of the most popular exploits for opportunistic actors due to its ongoing success rate. (link) Feb 13, 2017: It sounds like a sci-fi movie. Over 5,000 connected devices, including light bulbs and vending machines, were hacked to slow internet service at a university to a crawl. Poorly secured internet of things (IoT) devices have become gold mines for hackers looking to launch DDoS attacks to take websites and services offline. But this latest case, detailed in Verizon's Data Breach Digest 2017, is the rare example of gadgets attacking their own network. (link) Feb 11, 2017 wave of nationwide phishing scams is targeting college students, according to reports from Louisiana State University, University of Wisconsin-Platteville, Amherst College, Wellesley College, Dartmouth College and more. At Dartmouth College, several thousand students received emails that appeared to be from President Phil Hanlon. The messages included links to websites with malware. Recipients were advised not to click on the links. (link) Feb 08, 2017 41-year-old Chicago man pleaded guilty Monday in federal court to using personal information obtained by hacking into Bradley University's computers to obtain about $770,000 in false tax refunds. Gbadebo Adebiyi pleaded guilty to one count of conspiracy to commit mail fraud, a felony that could send him to prison for up to five years. His sentencing is set for May 3 in the 2/21/25, 7:15 Case In Point 2/9 courtroom of Senior U.S. District Judge Joe B. McDade second man, Idris Akande, 35, also of Chicago, remains a fugitive. (link) Feb 07, 2017: Tuesday night, at least three racist emails were sent out to University of Michigan Computer Science and Engineering undergraduate students. The subjects of the first two emails was \"African American Student Diversity\" and the third read \"Jewish Student Diversity.\" The emails were sent by three separate University uniqnames -- all of which are administrators of the listservs, potentially indicative the listservs via the University's online contact server, MCommunity, may have been hacked. (link) Fraud & Ethics Related Events Feb 23, 2017: The former Assistant Director of Operations for the Nebraska Transportation Center has been charged with stealing more than $11,000 from the University of Nebraska. The Nebraska Transportation Center connects University of Nebraska researchers, industry leaders, and government entities. Court documents reveal Laviania Thandayithabani is accused of stealing $11,335.73. The investigation determined Thandayithabani bypassed approval processes and paid for plane tickets using University funds. (link) Feb 13, 2017: Two former Texas Southern University employees are accused of stealing more than $500,000 from the Houston college, according to authorities. Kennith Darden Jr. and Ashley Velasquez are each charged with felony aggregate theft after prosecutors say they worked together to squirrel away $534,379.71 stolen from the school in a little under two years, a Harris County District Attorney's Office spokesman confirmed Monday night. Authorities say the scheme started in January 2012, when Darden allegedly began submitting fake invoices through a shell company - and Velasquez, a senior administrative assistant, approved the fraudulent paperwork. (link) Feb 11, 2017 pharmacology professor at the University of Maryland School of Medicine will no longer conduct research there after eight of his articles were retracted by a major scientific journal for inaccuracies. The publisher of the Journal of Biological Chemistry retracted six articles written by Anil K. Jaiswal in early January, said Kaoru Sakabe, data integrity manager for the American Society for Biochemistry and Molecular Biology, which publishes the journal. (link) Feb 10, 2017 Galveston College instructor, who is also the director of electrical and electronic technology program at the schools, has resigned after a student alleged the instructor sent him tests and answers to those tests. Robert Shields earned a bachelor's degree from the University of Houston in 2011, according to his online school bio. \"Very troublesome. Mr. Shields, head of the electrical electronics program voluntarily resigned,\" Dr. W. Myles Shelton, president of Galveston College, said. (link) Feb 04, 2017: Authorities charged a former Iowa State employee with theft of over $68,000 in non- profit funds. The Story County Sheriff's Office arrested and charged Pamela Backstrom, 56, with first degree theft and ongoing criminal conduct. Backstrom is accused of taking university money from the Quantitative Nondestructive Evaluation (QNDE) Programs account. She worked in the research center from August 2013 to January 2016. (link) Feb 03, 2017 former Essex County College track coach was sentenced to three years in prison and ordered to pay restitution after admitting to stealing $150,000 from the school. Michael Smart, 62, of Roselle, also is barred from public employment ever again. Smart, however, is collecting an 2/21/25, 7:15 Case In Point 3/9 annual pension of $31,000 after retiring from the college two years ago. Prosecutors say Smart used the college team's debit card as a personal card from 2012 to 2015, often withdrawing the $700 transaction maximum several times a day. (link) Compliance/Regulatory & Legal Events Feb 27, 2017: The U.S. Department of Education's Office for Civil Rights said in a letter that the University of Alaska System badly failed students and staff who were sexually harassed and assaulted began a Title investigation of the university system three years ago. The investigation focused on cases from 2011 to 2015 made a list of 23 specific cases as examples of the university's Title failures. The schools responsible for each case weren't identified. The first problem in the list is the system's failure to investigate or finish investigating multiple reports of misconduct. (link) Feb 23, 2017: The Trump administration on Wednesday night withdrew Obama-era protections for transgender students in public schools that let them use bathrooms and facilities corresponding with their gender identity. Last May, the departments of Education and Justice issued joint guidance directing schools to let transgender students use facilities that correspond with their gender identity. The \"Dear Colleague\" letter, addressed to school districts and colleges that receive federal funding, was based on the Obama administration's interpretation of Title IX, the federal law that bans sex discrimination in schools, to include gender identity. (link) Feb 23, 2017: Ole Miss announced Wednesday that it will voluntarily take a one-year bowl ban for 2017 after an investigation uncovered 21 allegations of violations made by the football program. The self-imposed penalty is a result of an official notice of eight additional athletic compliance violations, in addition to 13 prior allegations the issued Ole Miss last year. The NCAA's initial investigation into the program was expanded following Laremy Tunsil's eventful Draft night. (link) Feb 14, 2017: Michigan State women's gymnastics coach Kathie Klages has been suspended, according to a letter sent to gymnasts and obtained by MLive. The suspension comes on the heels of allegations in a civil lawsuit that claim Klages ignored at least one athlete's concerns about their treatments from sports medicine Dr. Larry Nassar. More than 30 women have filed civil lawsuits against Nassar, claiming he sexually assaulted them. (link) Feb 13, 2017: Tuskegee University plans to appeal a jury verdict that awarded nearly $2 million to the university's general counsel and vice president for legal affairs for breach of his employment contract jury, on Feb. 3 at the end of a five-day federal trial in Opelika, awarded Darryl E. Crompton $525,841 after finding the private historically black college and university (HBCU) breached the provision of Crompton's contract that provided for a five-year term of employment. The jury also awarded Crompton another $1,427,208 after also finding that the university breached another provision of the contract that provided Crompton would be granted tenure on the first day of his employment. (link) Feb 11, 2017: Kean University should have given a professor more notice before its board voted to not renew her contract at a public meeting, a state appellate court ruled this week in a case that could change how the school does business. The public university violated the state's open public meeting law when it failed to send associate professor of nursing Valerie Hascup a warning letter before its trustees voted not to renew her contract at a 2014 meeting, the three-judge panel ruled. 2/21/25, 7:15 Case In Point 4/9 The \"silent unexplained vote\" was a violation of the state's Open Public Meetings Act, or OPMA, the judges wrote. (link) Feb 10, 2017 Riverside Superior Court jury has awarded a former Riverside counsel $2.5 million, finding that university officials violated state law when they fired her in retaliation for reporting allegations of sex discrimination against women. The jury found that university officials violated state labor code and the state Fair Employment Housing Act. (link) Feb 07, 2017 member of the Baylor University athletics department was arrested early Saturday morning in a prostitution sting. McLennan County Sheriff Parnell McNamara said Brandon Washington, 33, was arrested by deputies at a local hotel on a solicitation of prostitution charge, a Class misdemeanor. The sheriff identified Washington as a strength coach at Baylor. Baylor confirmed that Washington was employed by Baylor when he was arrested early Saturday, but said he was immediately fired upon the school learning of the arrest. (link) Feb 06, 2017: Pennsylvania State University and online retailer Amazon Inc. settled a lawsuit with the family of a former student who committed suicide in 2013. The settlement, which was reached on Jan. 30, ends a two-year long case relating to the suicide death of former Penn State nursing student Arya Singh. Singh's family filed a lawsuit against Amazon for allowing the student to purchase the poison and against for negligence after Singh reported being sexually assaulted in a dorm in 2011. (link) Feb 01, 2017 student who was allegedly raped by one of her professors at the University of California Santa Cruz has received a $1.5 million settlement, attorneys told Tuesday. The case was settled by the University of California Regents before a civil lawsuit or criminal charges were filed. Neither the student's attorneys, nor the university, released the professor's name. (link) Campus Life & Safety Events Feb 27, 2017 faculty member at California State University, Fullerton has been suspended after striking a College Republicans member during a campus protest earlier this month. (link) Feb 24, 2017: State police have charged six University of Connecticut students with alcohol-related offenses in connection with the October death of student Jeffny Pally, who was killed when she was run over by a UConn Fire Department vehicle. State police said the students charged were involved in hosting an off-campus party at a house affiliated with Kappa Sigma fraternity that Pally, 19, of West Hartford attended prior to the fatal incident. Kappa Sigma fraternity was suspended by UConn on Feb. 1 after an investigation found that the organization violated UConn's student code by providing alcohol to minors and engaging in disruptive and endangering behavior, according to university records. (link) Feb 23, 2017 fraternity at Loyola University has been suspended as the school investigates the organization for hazing, making it the second local chapter of the fraternity to be shut down this month. Sigma Alpha Epsilon has been ordered to temporarily stop operations after administrators received \"credible information alleging that the chapter is engaged in hazing activity,\" Loyola spokeswoman Kristin Trehearne Lane said Thursday. Earlier this month, leaders at Northwestern University issued a campus security alert saying they received anonymous reports that as many as four female students were given a date-rape drug during a Jan. 21 event at the Sigma Alpha Epsilon house. (link) 2/21/25, 7:15 Case In Point 5/9 Feb 22, 2017: Rollins College officials have suspended all six of its fraternities after concerns over \"high risk behaviors\" surfaced this week, a spokeswoman said Wednesday. The suspension was announced as Winter Park Police investigate a reported battery and burglary that led to a Rollins student being taken to the hospital. The incident happened at 7:58 p.m. Sunday a few blocks from campus, according to a Winter Park police report. No charges have been filed against what the report described as three offenders. (link) Feb 21, 2017: Police are searching for two Charlotte area suspects after roommates were robbed at gunpoint in a dorm room at Catawba College in Salisbury. The two roommates were robbed on Feb. 15 at Stanback Hall in the 2300 block of West Innes Street, police said. An adjoining dorm room had just been broken into and ransacked, according to police day earlier, clothing, electronics and jewelry were stolen from another dorm room in Stanback Hall. (link) Feb 17, 2017: Seattle Pacific University gunman Aaron Ybarra was sentenced Friday to 112 years in prison for the shooting spree that saw one student killed at the close-knit Christian college. Ybarra's sentencing came nearly three years after the June 2014 shooting that rocked the Queen Anne campus. He was convicted in November on all counts, including first-degree murder for the death of 19-year-old Paul Lee. (link) Feb 17, 2017: University of Minnesota police are investigating the latest of several recent incidents involving anti-Semitic postings on the Minneapolis campus. Social media on Friday captured the image of a flier taped to a pole inviting people to the neo-Nazi website the Daily Stormer. University officials said Friday that police are aware of the incident and are investigating. On Thursday, University of Minnesota police arrested a student for allegedly vandalizing a public area of a residence hall with anti-Semitic graffiti. (link) Feb 15, 2017 Tempe church that sprang from a controversial campus ministry in Tucson is under investigation by Arizona State University, accused of stalking, hazing and other misconduct. Seven disciplinary charges are pending against Hope Christian Church for suspected violations of the state university system's student code of conduct, public records obtained by the Arizona Daily Star show. (link) Feb 15, 2017: Twenty-one college-aged students were taken by ambulance from the Miami University area to hospitals for alcohol-related problems last weekend, a spike that is causing concern among city and university officials. Jon Varle, who has been an Oxford Police sergeant for more than two decades, tells wcpo.com that he's never seen the drinking problem so bad at Miami. He said the increase in drinking is challenging the city's emergency services. (link) Feb 15, 2017: Police in Eagle Rock are searching for an intruder, accused of breaking into dorms at Occidental College, stealing underwear and engaging in lewd behavior. Campus safety officials released a surveillance photo of the suspect. He managed to get into three residence halls on campus last Friday morning. Students said he stole women's underwear, performed lewd acts in the dorms' bathrooms and left crude messages on whiteboards. (link) Feb 15, 2017 top attorney working for Florida State University has been arrested by federal authorities and charged with attempted enticement of a minor. Court records show associate general counsel Dayton Cramer was arrested on Tuesday spokeswoman Jill Elish said Cramer resigned prior to the university firing him. Cramer was earning more than $156,000 a year at his job. (link) Feb 14, 2017: An Orange Coast College student who secretly videotaped his instructor making anti-Trump statements was suspended from school and told to write a letter of apology as well as a three-page essay about the incident. The college suspended Caleb O'Neil for the current semester and the summer term, saying he violated a Coast Community College District policy prohibiting recording someone on district property without that person's consent. William Becker, an attorney 2/21/25, 7:15 Case In Point 6/9 representing O'Neil, said the sanctions are excessive and the student's legal rights have been violated. (link) Feb 13, 2017: Four people, including two students, were robbed on the Cleveland State University campus in a 12-day span, school officials said. The robberies, which officials believe are unrelated, all happened between Jan. 25 and Feb. 5. One arrest was made in the Feb. 5 robbery but no one else has been arrested in connection with the crimes. Cleveland State President Ronald Berkman said in a Monday email to students, faculty and staff that the school is increasing police patrols around campus in a response to the recent uptick in robberies. (link) Feb 11, 2017 19-year-old Creighton University student is accused of slashing another student's neck with a knife inside a dormitory early Saturday. Teresa Spagna, 18, who also attends Creighton, suffered a non-life-threatening injury in the cutting about 1 a.m., Omaha Police Lt. Kyle Steffen said. Spagna was cut inside Gallagher Hall, near 27th Plaza and California Street -- just to the north of downtown Omaha -- and taken to the hospital. (link) Feb 09, 2017: The bus driver for a college basketball team playing against St. Bonaventure University was arrested for after the team's bus went missing Wednesday. State Police said they were called to St. Bonaventure University around 10:45 p.m. for a missing tour bus for the St. Louis University Basketball team. The team had arrived on the campus. The driver - Linda Edmister, 56, of Gasport - failed roadside sobriety tests and was arrested for DWI. She registered a .22 when being processed at State Police headquarters in Olean. (link) Feb 08, 2017: Almost two months after a secretly recorded video of an Orange Coast College professor's post[-]election comments about President Trump touched off a firestorm, signs reminding students that in-class recordings are prohibited without instructors' permission have been posted for the spring semester. The classroom signs cite the Coast Community College District's student code of conduct and the California Education Code, which prohibit recordings without permission. (link) Feb 07, 2017: East Tennessee State University is trying to fire a tenured music professor following an internal investigation that found he sexually harassed two faculty members, according to university records. While he fights his proposed termination, David Champouillon remains on paid suspension. Hundreds of pages of records show faculty and students have accused Champouillon of lewd and inappropriate behavior. The university initiated an internal investigation after two faculty members filed sexual harassment complaints in late 2016, records revealed. (link) Feb 07, 2017: Northwestern University is investigating anonymous reports that allege at least three students were sexually assaulted and may also have been drugged at fraternity houses in recent weeks, school officials said. Administrators at the Evanston campus issued a security alert to students Monday after being told that as many as four female students may have been given a date-rape drug during an event Jan. 21 at the Sigma Alpha Epsilon fraternity house. Two of those women believe they were then sexually assaulted, according to the report, though it's not clear how the person who reported the alleged incidents knew of them. (link) Feb 06, 2017: Washington University in St. Louis lifted its suspension of the men's soccer team Monday after an internal investigation found that the squad didn't violate the school's sexual harassment policy. The men's team was suspended in December for what the private university called complaints of \"degrading and sexually explicit\" comments and other inappropriate behavior toward the women's team. Details have not been disclosed. But Lori White, the school's vice chancellor for student affairs announced Monday that a review by the university's Office of Student Conduct and Community Standards determined that not all the men took part in the questioned activities. (link) 2/21/25, 7:15 Case In Point 7/9 Feb 05, 2017: Authorities warn about a group of men who robbed two individuals at gunpoint on the Rowan University campus. The university sent out an alert about the robbery Sunday night. The robbery occurred around 8:40 p.m. in from of Winans Hall on Route 322. Two men were walking outside the hall when a four-door sedan pulled up to them. Inside the sedan was four men. One of the men, described as having a red hooded sweatshirt and gray pants pulled out a handgun and demanded money. (link) Feb 03, 2017: The University of Minnesota panel that heard the case of alleged involvement by 10 football players in a sexual assault on campus cleared four students, eased the sanctions on one player and upheld the punishments for the other five. Attorney Lee Hutton III, a former Gophers wide receiver representing nine of the players, confirmed Friday that quarterback Seth Green (one- year suspension), running back Kobe McCrary (one-year suspension), cornerback Antonio Shenault (probation) and safety Antoine Winfield Jr. (one-year suspension) had recommended punishments dismissed. (link) Feb 03, 2017: People protesting a University of California Berkeley event by the controversial right- wing speaker Milo Yiannopoulos caused more than $100,000 in damage to the campus Feb. 1. There were over 1,500 people on campus to protest the event, but university officials blamed around 150 \"masked agitators\" who they say joined otherwise peaceful protests and caused the destruction. (link) Feb 03, 2017: Eleven people have been arrested outside New York University during a heated protest against a conservative comedian who gave a speech at the school, police said on Friday group that organized the protest against Vice Media co-founder Gavin McInnes said he was known for using incendiary language, according to local media. The protesters face charges of disorderly conduct, resisting arrest and criminal mischief after they were taken into custody during a demonstration against McInnes, who made an appearance at the university late on Thursday, a New York City Police Department spokesman said. (link) Feb 02, 2017: City of Beloit police have arrested a Beloit College student who reported derogatory racial and religious graffiti on the door of his dorm after he admitted to writing the messages himself, according to a City of Beloit Police Department news release. Michael Kee, 20, was arrested on charges of obstruction, disorderly conduct and criminal damage regarding the incident, which was reported Jan. 30, according to the release. (link) Feb 01, 2017: Amid an apparently organized violent attack and destruction of property at Berkeley's Martin Luther King Jr. Student Union, the Police Department (UCPD) determined it was necessary to evacuate controversial speaker Milo Yiannopoulos from campus and to cancel his scheduled 8 p.m. performance. Yiannopoulos had been invited by the Berkeley College Republicans. Fires that were deliberately set, one outside the campus Amazon outlet; Molotov cocktails that caused generator-powered spotlights to catch fire; commercial-grade fireworks thrown at police officers; barricades pushed into windows and skirmishes within the crowd were among the evening's violent acts. (link) Feb 01, 2017: Ohio University police arrested about 70 protesters on charges of criminal trespass Wednesday night, after they refused to leave a sit-in demonstration inside Baker University Center, police said. The protest, over President Donald Trump's policies on immigration, started in front of the Athens County Courthouse in downtown Athens, Athens police said. There were about 300 participants at that time, according to a local newspaper. (link) 2/21/25, 7:15 Case In Point 8/9 Other News & Events If you have any suggestions, questions or feedback, please e-mail me at [email protected]. We hope you find this information useful and would appreciate hearing your thoughts. Feel free to forward this email to your direct reports, colleagues, employees or others who might find it of value. Back issues of this newsletter are available on our web site at If you have any suggestions for items to include in future newsletters, please e-mail Robert Gottesman at [email protected]. Back to top Office of Audit, Compliance & Privacy Auburn University 304 Samford Hall M. Kevin Robinson, Assoc [email protected] 334.844.4389 \u00a9 Redistribution of this newsletter, with or without modification, is permitted provided Auburn University Office of Audit, Compliance & Privacy is listed as the source. 2/21/25, 7:15 Case In Point 9/9"} |
8,539 | Shelton Lewis | University of Texas – Austin | [
"8539_101.pdf",
"8539_101.pdf"
] | {"8539_101.pdf": "3 Date Received Report Date Respondent Staff/Faculty Designation Summary Employment Action Taken 1/13/2019 8/23/2019 Keel-Guevara, Sonia Staff On January 13, 2019, Keel-Guevara, night shift employee in Custodial Services, contacted regarding her concern that another employee, formerly a subordinate of Keel-Guevara\u2019s, engaged in unwelcome conduct of a sexual nature towards Keel-Guevara investigated the allegations. During the course of the investigation determined that the alleged unwelcome conduct had been consensual, and determined that Keel-Guevara had failed to report a consensual relationship with the subordinate employee as required by University policy determined that the failure to report such consensual relationship violated the prohibition of sexual misconduct in 3-3031. On November 4, 2019, Keel-Guevara received a level 1 written warning. 2/13/2019 4/23/2019 Rivera, Frederick Staff In February 2019, an employee contacted regarding their concern that Rivera, employee in the dish room with University Housing and Dining, allegedly engaged in inappropriate conduct of a sexual nature with two colleagues in the same Department investigated the allegations separately. The first colleague spoke with and alleged that Rivera engaged in unwelcome physical contact with the colleague on multiple occasions. The second colleague spoke with and alleged that Rivera made inappropriate comments of a sexual nature towards and engaged in unwelcome physical contact with the colleague. Rivera denied the allegations found sufficient evidence that the alleged conduct occurred, and determined that such conduct violated the prohibition of sexual harassment in 3-3031. Rivera\u2019s University employment was terminated effective June 7, 2019. 2/18/2019 4/24/2019 Lewis, Shelton Staff In February 2019, an employee contacted regarding their concern that Lewis, a recruitment and enrollment director in the College of Fine Arts, allegedly engaged in unwelcome physical contact with multiple colleagues in the same Department investigated the matter interviewed multiple witnesses who experienced or witnessed the alleged conduct. Lewis denied the allegations found sufficient evidence that the alleged conduct occurred, and determined that such conduct violated the prohibition of sexual harassment in 3-3031. Lewis resigned in lieu of termination effective June 30, 2019. Lewis is barred from future University employment. 2/20/2019 6/7/2019 Ward, Justin Staff In February 2019, an employee contacted regarding their concern that the employee was being stalked, both on and off campus, by Ward, director in the University Development Office. The information was forwarded to for investigation of any policy violation(s). Ward denied the allegations found sufficient evidence that the alleged conduct occurred, and determined that such conduct violated the prohibition of stalking in 3-3031. Ward resigned his University employment in lieu of termination effective July 12, 2019. Ward is barred from future University employment. 3/8/2019 6/26/2019 Dalby, Kevin Faculty On March 8, 2019, an employee contacted regarding their concern that Dalby, a professor in the College of Pharmacy, allegedly made inappropriate comments of a sexual nature to a student investigated the allegations. Dalby denied making some of the alleged comments and tried to provide context regarding the other comments found sufficient evidence that the alleged conduct occurred, and determined that such conduct violated the prohibition of sexual misconduct in 3-3031. On September 5, 2019, Dalby received a letter of reprimand. Dalby was also prohibited from sole-supervising graduate students until fall 2021; was required to participate in one or more discussions with the College\u2019s dean regarding appropriate interactions and boundaries with students; and was required to develop a plan to be presented to the dean regarding how Dalby plans to manage professional working relationships with students. 7/16/2019 9/18/2019 Pozos, Angel Staff On July 16, 2019, an employee contacted regarding their concern that Pozos, warehouse manager in the Cockrell School of Engineering, had engaged in unwelcome physical contact with a staff member investigated the allegations. Pozos admitted to some of the alleged conduct found sufficient evidence that the conduct occurred, and determined that such conduct violated the prohibition of sexual harassment in 3-3031. On October 18, 2019, Pozos\u2019s University employment was terminated."} |
7,380 | Harold Rhea | Indiana University - Bloomington | [
"7380_101.pdf"
] | {"7380_101.pdf": "Chontos v. Rhea, 29 F. Supp. 2d 931 (N.D. Ind. 1998 District Court for the Northern District of Indiana - 29 F. Supp. 2d 931 (N.D. Ind. 1998) November 16, 1998 29 F. Supp. 2d 931 (1998) Angela CHONTOS, Plaintiff, v. Harold RHEA; Indiana University; and the Trustees of Indiana University, Defendants. No. 2:97-CV-423-RL. United States District Court, N.D. Indiana, Hammond Division. November 16, 1998. *932 *933 Barry D. Sherman, Kristen D. Hill, Sherman and Allegretti, Hammond, IN, Kenneth L. Fugate, Young and Fugate, Gary, IN, for Plaintiff. Robert M. Schwerd, Hilbrich Cunningham and Schwerd, Highland, IN, David C. Jensen, Sherry L. Clarke Eichhorn & Eichhorn, Hammond, IN, for Defendants LOZANO, District Judge. 2/21/25, 7:15 Chontos v. Rhea, 29 F. Supp. 2d 931 (N.D. Ind. 1998) :: Justia 1/11 This matter is before the Court on Indiana University's Motion for Summary Judgment, filed on September 2, 1998, and the Motion for Leave to File Affidavit of Charles Burns, filed by Defendants on November 6, 1998. For the reasons set forth below, Indiana University's Motion for Summary Judgment is DENIED, and the Motion for Leave to File Affidavit of Charles Burns is Taken in the light most favorable to the Plaintiff, the evidence in this case shows that an Indiana University professor, Harold Rhea, forcibly kissed and fondled Angela Chontos, his student, during a private conference in his office in May 1996. Rhea had made unwelcome advances to female students in the past, and the university had taken some corrective steps to curb Rhea's behavior. Before the Court is the university's motion for summary judgment, which raises the question whether Chontos can prove that despite the corrective steps, the university's handling of Rhea's behavior amounted to the \"deliberate indifference\" required to recover under Title of the Education Amendments of 1972, codified at 20 U.S.C. section 1681, et seq. The Court concludes that summary judgment is not appropriate The standards that generally govern summary judgment motions are familiar. Pursuant to Rule 56(c) of the Federal Rules of Civil Procedure, summary judgment is proper only if it is demonstrated that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. See Nebraska v. Wyoming, 507 U.S. 584, 590, 113 S. Ct. 1689, 123 L. Ed. 2d 317 (1993); Celotex Corp. v. Catrett, 477 U.S. 317, 322- 23, 106 S. Ct. 2548, 91 L. Ed. 2d 265 (1986). In other words, the record must reveal that no reasonable jury could find for the nonmovant. Karazanos v. Navistar Int'l Transp. Corp., 948 F.2d 332, 335 (7th Cir. 1991); see also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S. Ct. 2505, 91 L. Ed. 2d 202 (1986). In deciding a motion for summary judgment, a court must view all facts in the light most favorable to the nonmovant. Anderson, 477 U.S. at 255, 106 S. Ct. 2505 Corp. v. Aceros Maquilas de Occidente, 28 F.3d 572, 583 (7th Cir.1994). [1] 2/21/25, 7:15 Chontos v. Rhea, 29 F. Supp. 2d 931 (N.D. Ind. 1998) :: Justia 2/11 Title generally prohibits sex discrimination by educational programs or activities that receive federal financial assistance. 20 U.S.C. \u00a7 1681(a); Gebser v. Lago Vista Independent School Dist., 524 U.S. 274, ___, 118 S. Ct. 1989, 1994, 141 L. Ed. 2d 277 (1998). The agencies that distribute educational funds can enforce this prohibition through means such as cutting off funds. Gebser, 524 U.S. at ___, 118 S. Ct. at 1994. The relationship between agencies and funds recipients is contractual in nature, with the agency conditioning funding on the recipient complying with the ban on sex discrimination. Id. at 1997. Besides agency enforcement, Title *934 is \"enforceable through an implied private right of action\" for damages. Id. at 1994. Gebser recently established the test for a student to recover from a school for a teacher's sexual harassment under Title IX. Absent the school having an official policy of discrimination, the student must prove that a school \"official ... who at a minimum has authority to institute corrective measures on the [school's] behalf has actual notice of, and is deliberately indifferent to, the teacher's misconduct.\" Id. at 1993, 1999. Chontos charges that the university violated Title by not responding adequately to Rhea's pattern of sexually harassing students. The university's motion does not contest that proper officials had actual notice of Rhea's behavior, but it does argue that Chontos cannot prove the officials were deliberately indifferent to the behavior. What constitutes \"deliberate indifference\" in the Title context is thus crucial here. Gebser did not apply the term to the facts in that case. However, the opinion does note that under the administrative enforcement scheme, an agency may sanction a funds recipient when the proper official \"refuses to take action,\" in other words, when there is \"an official decision by the recipient not to remedy the violation.\" Gebser, 524 U.S. at ___, 118 S. Ct. at 1999. According to Gebser, this \"framework finds a rough parallel in the standard of deliberate indifference.\" Id. In a case cited by Gebser where the plaintiff complained that a county's decision to hire a police officer caused her to be subjected to excessive force, the Supreme Court described deliberate indifference as an official's \"consciously disregard[ing] an obvious risk that [another] would subsequently inflict a particular\" injury. Bd. of County Commissioners of Bryan County v. Brown, 520 U.S. 397, 117 S. Ct. 1382, 1391-92, 137 L. Ed. 2d 626 (1997). The Seventh Circuit has not yet applied the Gebser standard, but in a pre-Gebser case adopted a standard that seems about as stringent as deliberate indifference. Smith v. Metropolitan School Dist. of Perry Township, 128 F.3d 1014, 1034 (7th Cir.1997), cert. denied, ___ U.S. ___, 118 S. Ct. 2367, 141 L. Ed. 2d 736 (1998). Adopting the Fifth Circuit's view, the Smith court announced that a school can be liable under Title for 2/21/25, 7:15 Chontos v. Rhea, 29 F. Supp. 2d 931 (N.D. Ind. 1998) :: Justia 3/11 teacher-student sexual harassment only if a proper school official with \"actual knowledge of the abuse\" and \"the power to take action that would end such abuse ... failed to do so.\" Id. (quoting Rosa H. v. San Elizario Indep. Sch. Dist., 106 F.3d 648, 660 (5th Cir.1997)). In the context of a section 1983 claim, the Seventh Circuit has described deliberate indifference as occurring when officials \"know about the [wrongful] conduct and facilitate it, approve it, condone it, or turn a blind eye for fear of what they might see.\" Jones v. City of Chicago, 856 F.2d 985, 992 (1988). In a case that came after Smith but still before Gebser, the Seventh Circuit stressed that officials who attempt to stop harassment yet ultimately fail are not necessarily liable under Title IX: School officials faced with knowledge of sexual harassment must decide how to respond, but their choice is not a binary one between an obviously appropriate solution and no action at all. Rather, officials must choose from a range of responses. As long as the responsive strategy chosen is one plausibly directed toward putting an end to the known harassment, courts should not second- guess the professional judgments of school officials. In general terms, it should be enough to avoid Title liability if school officials investigate aggressively all complaints of sexual harassment and respond consistently and meaningfully when those complaints are found to have merit. Doe v. Univ. of Illinois, 138 F.3d 653, 667-68 (7th Cir.1998). Although they preceded Gebser, these comments in Doe bear keeping in mind today because of the Gebser-like standard the Seventh Circuit was acting under in Doe and Smith. Here, the facts taken in the light most favorable to Chontos are as follows: Rhea was a tenured associate professor at Indiana University (Northwest) in the department of physical education and recreation. He was heavily involved in intramural athletics. He received consistently positive reviews for his teaching and service to the campus and community. *935 Rhea was involved in two incidents with female students in 1989. First, a graduate student, \"RJ\", reported that Rhea repeatedly asked her for lunch dates and called her at home, offered to obtain a copy of an upcoming test for her, wrote a note expressing his romantic feelings for her on the back of her class worksheet, and repeatedly showed up at her house unannounced and uninvited. One night, Rhea went to RJ's home and told her 2/21/25, 7:15 Chontos v. Rhea, 29 F. Supp. 2d 931 (N.D. Ind. 1998) :: Justia 4/11 that he \"couldn't take it any longer\" and had to hold and kiss her. Rhea then grabbed RJ, pulled her to him, and tried to kiss her. After they struggled, Rhea let go and left stopped going to Rhea's class and reported his conduct to university officials. Rhea's supervisor, Lewis Ciminillo, the dean of the division of education, confronted Rhea about RJ's allegations, which Rhea essentially confirmed. Ciminillo upbraided Rhea for his behavior and told him it violated university policy. Ciminillo also removed from Rhea's class and put her in a separate section that he supervised, telling that he would try to take care of the problem without causing her to have further contact with Rhea. Ciminillo recommended that Rhea receive a reprimand. Lloyd Rowe, the vice-chancellor for academic affairs, concurred with Ciminillo's recommendation and Rhea received a written reprimand. No further action against Rhea was taken at this time, but Ciminillo told Rhea that if he behaved similarly in the future, he could be punished more severely up to being fired. Later that same year, another incident occurred involving \"TR,\" a seventeen-year-old high school student in the university's \"Career Beginnings\" program reported that while she was talking on a pay phone, Rhea approached and asked her who she was speaking with said \"My friend.\" Rhea asked, \"Your boyfriend said, \"Yes.\" Rhea said, \"O.K.\" then swatted on the buttocks with his hand. Rhea left, but then came back and asked how long she would be on the phone. When she finished her call approached Rhea in the lounge to tell him that the phone was free, thinking he wanted to use it. Rhea said he did not want to use the phone, but wanted to talk to her. Rhea started walking and followed while they had a conversation about sports asked where they were going, and Rhea indicated to his office where it would be more convenient said she did not want to go to his office. Rhea said the office would be more convenient and comfortable then left Rhea and went back to her own office. She ran into Rhea later that afternoon, who said that he had not been trying to scare her, only to be nice did not respond and went back to her office. Rhea later claimed that he had touched only in passing, but did not otherwise deny the incident happened. Linda Anderson, the director of student activities, her supervisor, Barbara Cope, the vice- chancellor of student activities, Ciminillo, and Rowe all learned of the incident. Ciminillo recommend that Rhea get psychological counseling, with reports on the progress on the counseling made to the university. Rowe agreed. Through the campus psychologist, Rhea was referred to and saw a psychiatrist for seven sessions. Rhea was supposed to execute releases to allow the psychiatrist to report on his progress to the university, but he never did so and the university never followed up with him on the release. Ultimately, the 2/21/25, 7:15 Chontos v. Rhea, 29 F. Supp. 2d 931 (N.D. Ind. 1998) :: Justia 5/11 university learned that Rhea had seen the psychiatrist, but other than that, the university did not seek or obtain any more information regarding the results of Rhea's counseling. Rhea was not disciplined for the incident. In particular, Ciminillo did not follow through on his warning after the incident that Rhea might be fired for sexually harassing students again. Rowe, however, did write a letter to Rhea saying that if he was involved in another incident of sexual harassment, the university would have no choice but to move to suspend and fire him. Despite having claimed he touched only in passing, Rhea effectively admitted the truth of TR's story in a letter he wrote Rowe in September 1989. In the two years or so prior to the incident, three or four female students had told Anderson that Rhea made them feel uncomfortable. Anderson did not formally report these comments, consistent with the students' wishes. After the incident, Anderson adjusted schedules and furniture *936 to avoid situations where Rhea worked close to females in the student activities office. In addition, she wrote a memo to Cope and Ciminillo informing them of the reports from students that Rhea made them uncomfortable and her having rearranged the office, and asking that Rhea be removed from the student activities department. Cope and Ciminillo agreed, and Rhea was removed, which ended his involvement in intramural athletics. By the time of the incident or shortly thereafter, Ciminillo knew that many females were uncomfortable when Rhea was around. Women did not want Rhea walking behind them and did not like having to worry about who else was around when Rhea was near. Some female students would not take classes taught by Rhea because he tended to become overly familiar. Rhea would inappropriately pat women on the buttocks after they made a good play during sports activities. Women who were in positions subordinate to Rhea, like students, were the most uncomfortable. Ciminillo believed that Rhea used his power and sexual overtones to make women feel uncomfortable. The documents relating to the and incidents were placed in a sealed envelope in Rhea's personnel file. Most faculty and administrators did not know about the envelope and the and incidents. About five years went by without further incident. Then, in spring 1994, Anderson learned that Rhea had made advances toward a female student, \"RK.\" During class, Rhea said to that he had heard her father owned a body shop. Rhea then looked up and down and said, \"He sure knows how to make good bodies.\" Rhea also put his arm around a few times. Anderson spoke to RK, who said that she did not want to formally report the conduct (although she eventually did so after the Chontos incident). Anderson says that 2/21/25, 7:15 Chontos v. Rhea, 29 F. Supp. 2d 931 (N.D. Ind. 1998) :: Justia 6/11 acting as a friend, she told Rhea he better \"clean up his act\" even though she was no longer his supervisor by then. Rhea denies this. Anderson told no one else about the incident. Anderson knew that Rhea had been asked to have counseling after the incident and that his file had been sealed, but she did not know that he had been threatened with being fired if he sexually harassed females again. Also in 1994, Mary Harris Veeder took over Rowe's position. Rowe told her that there was a sealed envelope in Rhea's file that should be opened if Rhea were ever in any trouble. Veeder knew nothing else about the contents of the envelope until she opened it after the Chontos incident. In May 1996, Chontos was a student of Rhea. She went to his office to make a graded presentation. Rhea had been relaxing some academic requirements for Chontos because she was having difficulty in her personal life. After Chontos finished the presentation, Rhea forcibly grabbed her. He tried to kiss her on the mouth and put his tongue in her mouth. He pulled up her shirt and bra, grabbed at her breasts, and put his mouth on them. He grabbed her buttocks and started moving his hand around to her genitals. Chontos repeatedly told him to stop and pushed herself away. Rhea apologized and said it would not do any good to report him because she was not technically his student. Later that day, Rhea gave Chontos an \"A\" for her semester grade. About a month after the Chontos incident, Rhea was suspended and told to stay off campus unless he arranged for an escort. Veeder and Hilda Richards, the university chancellor, requested that the faculty meet to discuss whether to institute proceedings to dismiss Rhea. In January 1997, a faculty committee recommended such proceedings, after which Richards gave Rhea the option of resigning with full benefits. Rhea chose this option and resigned, effective August 1997. Chontos initiated the suit about four months later. During all times relevant to this lawsuit, the university maintained a policy against sexual harassment of students and employees. Victims of harassment were informed that they should report it to their supervisor, an academic or student services dean or official, and/or the campus affirmative action officer. The student body was never informed that Rhea had sexually harassed students or that he had been reprimanded for doing so. On these facts, a reasonable jury could find that the university was deliberately *937 indifferent. By the end of 1989, Rhea had (1) gained a reputation for making females uncomfortable in his presence and patting them on the buttocks, (2) in the words of 2/21/25, 7:15 Chontos v. Rhea, 29 F. Supp. 2d 931 (N.D. Ind. 1998) :: Justia 7/11 Ciminillo, \"stalked\" a female graduate student, Dep. p. 23, and physically assaulted her in her home, (3) touched a high school girl on the buttocks then invited her to his office, and (4) at Anderson's request, been the subject of special scheduling and furniture arrangements designed to diminish his opportunity to bother females, and ultimately removed from Anderson's department. The university's reaction to the incident with the graduate student was to move the student out of Rhea's class, reprimand Rhea, and threaten him with more serious sanctions, including dismissal, if he again engaged in sexual harassment. Not a year went by, and Rhea touched a high-schooler on the buttocks and invited her to his office. Instead of following up on its threat of sanctions more serious than the reprimand, the university altered Rhea's duties, ordered him to get counseling, and told him that the next incident would result in proceedings being initiated to suspend and fire him. Some might argue that the chief measure taken after the incident with the high school student, the forced counseling, was a weak one in the face of Rhea's demonstrated penchant for sexual harassment, and that the university instead should have fired Rhea or sharply curtailed his contact with students. While the counseling might not have been what everyone would choose or what looks best in hindsight, perhaps it was \"plausibly directed toward putting an end to\" Rhea's harassment. Doe, 138 F.3d at 667. The university, however, did not follow up on its own requirement that it be allowed to monitor Rhea's progress. All the university learned was that Rhea had several counseling sessions; it did not know if his behavior was likely to get better, worse or stay the same after counseling. This lack of follow-up could in the jury's eyes diminish the usefulness of the university's ordering Rhea to get counseling. Any doubts about whether a jury question exists are resolved by the university's handling of the 1994 incident when Rhea commented on the \"good body\" of a student and put his arm around her. This behavior was perhaps arguably less disturbing than the stalking and assault of the graduate student and rump-patting of the high-schooler. Yet it must be taken in the context of what preceded it. In spite of the reprimand, counseling, change of duties, and threat that he would be suspended and fired for the next offense, Rhea again engaged in inappropriate and sexually tinged behavior with a female student. One could argue with some force that the 1994 incident should have shown the university that Rhea did not take the threat of firing seriously, or did not care if he was fired, or was simply unable to control his behavior. Yet through Anderson, the university's response was not to follow up on its threat to fire Rhea, but to do nothing jury could properly find that this nonresponse was not \"plausibly directed toward putting an end to\" Rhea's harassment, Doe, 138 F.3d at 667, 2/21/25, 7:15 Chontos v. Rhea, 29 F. Supp. 2d 931 (N.D. Ind. 1998) :: Justia 8/11 but instead amounted to condoning Rhea's behavior, Jones, 856 F.2d at 992, or to \"consciously disregard[ing] an obvious risk that\" Rhea would sooner or later harass another student. Brown, 117 S. Ct. at 1391-92. The university stresses that the students who complained about Rhea did not want to pursue their complaints \"formally.\" The Court is unsure what does and does not amount to a \"formal\" complaint, but the university asserts that for the tenured Rhea to be fired because of harassing students, the students would have had to confront Rhea at a public hearing, which they did not want to do. This argument assumes that the only measure the university could have taken other than those it did was to fire Rhea jury could find that the \"range of responses,\" Doe, 138 F.3d at 667, available to the university included measures besides firing that could have been effective. The university also stresses that it weighed Rhea's otherwise solid record in deciding how to handle him jury could determine that by the time of the 1994 incident, Rhea's record was considerably tarnished and did not outweigh the threat to students he presented. The university relies heavily on Gonzalez v. Ysleta Independent School Dist., 996 F.2d 745 (5th Cir.1993). That Fifth Circuit case *938 involved a male school teacher, who, over the course of four years, had one or more female elementary school students sit on his lap, put his arm around the waist of one girl, and at least put his hand on the waist and possibly stuck his tongue in the ear of another girl. For the first incident, the teacher was orally reprimanded, for the second he was likewise reprimanded and ordered to enter a \"general improvement program,\" and after the third incident he was reprimanded in writing and transferred to another school. Id. at 747-49. The second year after the transfer, the teacher put his hand inside a first-grade girl's underwear and touched her genitals. Id. at 749. Overturning a jury verdict, the Fifth Circuit ruled that the school district's reaction to the teacher's conduct up to this fourth incident did not amount to deliberate indifference. Id. at 762. It stressed that the district did react to the third incident by officially reprimanding and transferring the teacher. The court acknowledged that these and previous actions had failed to stop the teacher's abuse and were at least negligent. However, it reasoned that the negligence was no more than that and that the district's response had not risen to the level of deliberate indifference. Id. This Court views Gonzalez as a close case and is not sure that all other judges would reach the same result. In any event, it is distinguishable. In Gonzalez, the school district did mount some reaction to each incident of abuse it learned of, up to and including the incident that most immediately preceded the one that gave rise to the suit. Here, the 2/21/25, 7:15 Chontos v. Rhea, 29 F. Supp. 2d 931 (N.D. Ind. 1998) :: Justia 9/11 incident that most immediately preceded the one with Chontos was the 1994 incident, which Anderson learned of and, under one view of the evidence, did nothing about. Overall, the Court concludes that a reasonable jury could find that the university was deliberately indifferent to Rhea's sexually harassing conduct. Accordingly, summary judgment on the Title claim is not appropriate. Besides the Title claim, the university has also moved for summary judgment against Chontos' claim for negligent retention. Chontos asserts that the university negligently retained Rhea after his pattern of harassment emerged. Indiana recognizes the tort of negligent retention of an employee by an employer. Frye v. American Painting Co., 642 N.E.2d 995, 998 (Ind.Ct.App.1994 master is under a duty to exercise reasonable care to control his servant while acting outside the scope of his employment so as to prevent him from intentionally harming others\" where certain conditions are met. Id. (quoting Restatement (2d) of Torts, \u00a7 317). Among those conditions is that the employer must \"know[] the employee is in the habit of misconducting himself in a manner dangerous to others.\" Briggs v. Finley, 631 N.E.2d 959, 967 (Ind.Ct.App.1994); accord Frye, 642 N.E.2d at 999. The university argues that Rhea was not in the habit of physically sexually harassing students before Chontos, but it ignores the incidents where Rhea grabbed and kissed the graduate student, patted students on the buttocks, and put his arm around the student in 1994. The university also maintains that Chontos' amended complaint does not clearly set out the claim of negligent retention. True, the complaint could be more clear and specific. Yet it does fairly suggest a claim of negligent retention. See Complaint, Ct. 2, \u00b6\u00b6 14-15. The university does not say that it needs more discovery to explore the merits of the arguably veiled negligent retention claim, nor that it is otherwise prejudiced by having the claim thrust clearly into play at this point. Overall, Chontos has a viable claim for negligent retention. The university complains that Chontos did not comply with the Northern District of Indiana Local Rule 56.1 in responding to the summary judgment motion. As a matter of form, Chontos' response failed to specifically rebut the factual assertions the university made in its fact statement, and thus was deficient. However, in light of the facts and evidence involved in this case, the Court has deemed it most fair and efficient to go ahead and rule on the summary judgment motion by giving Chontos' response full consideration. Chontos' counsel cannot count on such treatment in the future, and would do *939 best to 2/21/25, 7:15 Chontos v. Rhea, 29 F. Supp. 2d 931 (N.D. Ind. 1998) :: Justia 10/11 strictly adhere to Local Rule 56.1 when responding to other summary judgment motions in this district. Finally, there has been some confusion regarding an affidavit. An affidavit of Charles Burns was filed in this Court without any identification as to who filed it or to what motion or matter it might be relevant. The affidavit did not even bear a certificate of service. The Court issued an order striking the affidavit, and instructing the party that had filed it to refile it with proper identification. Defendants have refiled the affidavit, making clear that they first filed it in accordance with an order of the magistrate judge, and the Court has considered it in this ruling For the foregoing reasons, Indiana University's Motion for Summary Judgment is DENIED, and the Motion for Leave to File Affidavit of Charles Burns is [1] Indiana University and the Trustees of Indiana University, nominal separate Defendants here, will be referred to as \"the university\" in this order. Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 2/21/25, 7:15 Chontos v. Rhea, 29 F. Supp. 2d 931 (N.D. Ind. 1998) :: Justia 11/11"} |
7,231 | Jeff Galindo | Berklee College of Music | [
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] | {"7231_101.pdf": "As Students Protest, Berklee Says 11 Faculty Members Have Been Fired For Sexual Misconduct Since 2004 Updated November 14, 2017 By Yasmin Amer This article is more than 7 years old. Dozens of Berklee College of Music students walked slowly down Boylston Street Monday afternoon in a silent protest calling out what they say is the school\u2019s failure to uphold its \u201czero tolerance\u201d policy on sexual harassment. Berklee College of Music on Massachusetts Avenue in Boston. (Jesse Costa/WBUR) 2/21/25, 7:16 As Students Protest, Berklee Says 11 Faculty Members Have Been Fired For Sexual Misconduct Since 2004 News 1/3 The protest, which lasted less than a half hour, was held in response to a recent Boston Globe report detailing accounts by multiple students accusing former Berklee professors of sexual misconduct, including a student who said one of the professors groped her while she was intoxicated. The protesters made their way into a forum school officials were holding in the wake of the reports, where Berklee President Roger Brown addressed an audience that nearly filled the inside the school's performance center auditorium. He began his remarks with an apology. \u201cTo everyone who's experienced harassment at Berklee, I'm so sorry,\" he said. Brown told the audience that 11 faculty members had been dismissed due to incidents involving reports of sexual misconduct since his tenure began in 2004. He also said the school shared information about the allegations against Jeff Galindo, one of the professors named in the Globe report, with the New England Conservatory, where Galindo went on to teach after leaving Berklee. Many students involved in the protest said the school's actions have not been enough and criticized what they viewed as generic language in a mass email by administrators following the Globe report. \u201cOur safety is vital,\" said co-organizer of the protest Sky Stahlmann, a first- year student. \"We are Berklee. There is no Berklee without its students. So we're here to bring forth what we believe is the definition of what are safety is contingent upon.\" As of Monday evening, thousands of people had signed an online petition asking school officials to detail how sexual misconduct cases are investigated and handled. 2/21/25, 7:16 As Students Protest, Berklee Says 11 Faculty Members Have Been Fired For Sexual Misconduct Since 2004 News 2/3 Brown told attendees at the forum that he will be creating a committee of 18 students, faculty and staff to address the students\u2019 concerns. This article was originally published on November 13, 2017. Yasmin Amer Executive Producer, Agile Production Team Yasmin Amer is executive producer of WBUR's agile production team. More\u2026 1 2 3 4 5 6 Most Popular Mass. orders gas utilities to slash delivery fees for residential customers Local Coverage Do estranged parents have the legal right to be loved by their kids? On Point library reopens to bewildered visitors after sudden federal layoffs Local Coverage As blue states battle Trump's funding cuts, red states benefit too Local Coverage Why your heating bills are so expensive this winter in Mass. Local Coverage Disabled veteran fired as part of Trump administration's efforts to shrink the government Here & Now 2/21/25, 7:16 As Students Protest, Berklee Says 11 Faculty Members Have Been Fired For Sexual Misconduct Since 2004 News 3/3", "7231_102.pdf": "Focus Sexual Boundaries for Professors As a Chronicle of Higher Education individual subscriber, you receive premium, unrestricted access to the entire Chronicle Focus collection. Curated by our newsroom, these booklets compile the most popular and relevant higher-education news to provide you with in-depth looks at topics affecting campuses today. The Chronicle Focus collection explores student alcohol abuse, racial tension on campuses, and other emerging trends that have a significant impact on higher education. \u00a92017 by The Chronicle of Higher Education Inc. All rights reserved. No part of this publication may be reproduced, forwarded (even for internal use), hosted online, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the publisher, except in the case of brief quotations embodied in critical reviews and certain other noncommercial uses permitted by copyright law. For bulk orders or special requests, contact The Chronicle at [email protected] 22 eining In Fr at ernities \b the chronicle of higher education / sep t ember 2017 \u00a92017 INC. Cover photo by Eric Thayer, The New York Times Cover photo illustration by Bob McGrath olleges have long harbored academics who have imposed their sexual attentions on students or junior colleagues. The faculty members\u2019 approaches are often unwelcome, or may make their targets feel uncomfortable, or are clearly instances of sexual assault. When a complaint is made, administrators are left with the difficult task of sorting out what happened and coming up with a resolution that protects everyone\u2019s rights and ensures campus safety. The seven articles in this collection look at how colleges struggle with these sensitive issues. Here\u2019s What Sexual Harassment Looks Like in Higher Education mix of risk factors has made the problem particularly pervasive in the college workplace Professor, a Graduate Student, and 2 Careers Derailed relationship gone bad illustrates some of the toughest problems facing higher education. Why Colleges Have a Hard Time Handling Professors Who Harass The case of the astronomer Geffrey W. Marcy reflects the complex dynamics at play in such situations. How One College Has Set Out to Fix a Culture of Blatant Sexual Harassment Students, faculty, and administrators work to change the culture at the Berklee College of Music. What Happens When Sex Harassment Disrupts Victims\u2019 Academic Careers People who say they\u2019ve been harassed speak of ripple effects and lasting consequences. Sexual Paranoia Strikes Academe How campus rules make students more vulnerable. Dirty Old Men on the Faculty Will sexual harassment on campus finally get the condemnation it deserves? 4 7 15 18 20 23 30 Here\u2019s What Sexual Harassment Looks Like in Higher Education By s the momentum of the #MeToo campaign brings more allegations of sexual harassment to the sur- face, people are looking around their workplaces and professional net- works disturbed, but not necessarily shocked at the stories emerging. Across many industries, sexual harassment per- sists because people (usually men) with clout can get away with it, and victims (typically women) either are disregarded or keep quiet, fearing they will be. But higher education has additional risk factors that make the problem particularly pervasive. Stark power differentials, especially between professors and students. The intensity of intel- lectual exchange sense of entitlement by a star faculty member, with tenure and maybe an en- dowed chair, who is revered in his field poten- tial prot\u00e9g\u00e9 with what feels like a make-or-break publication, grant, or job on the line. Boozy con- ferences, secluded labs, remote research sites. Colleges and universities have long harbored in- fluential academics who\u2019ve seemed confident that they could target students or junior colleagues and never be held to account. They may have gotten away with it because of their research money, po- litical capital, or prestige. Firing a tenured professor often means months of hearings and sometimes lawsuits that an insti- tution would prefer to avoid. Colleagues who sus- pect there\u2019s something creepy about sexual banter with students might look the other way if the of- fender could one day serve on a tenure and promo- tion committee or chair the department. \u201cWhenever you have a working relationship in which the risks are really high of making a com- plaint and the rewards are low, that\u2019s a problem,\u201d says Justine E. Tinkler, an associate professor of sociology at the University of Georgia who has studied sexual harassment and how training pro- grams affect behavior graduate student tar- geted by a big-deal professor, or the new hire who is aware of it, may want to speak up, but at what cost? That calculation may be changing as more peo- ple come forward with expectations that the col- lege will take action. In recent years, accusers have taken down Geoffrey W. Marcy, an astronomer at the University of California at Berkeley, and Colin McGinn, a prominent philosopher at the Universi- ty of Miami. Now, with the fallout from the Wein- stein scandal and the galvanizing momentum of the #MeToo hashtag, American gender politics finds itself at an uncomfortable crossroads. And nowhere is that sense of unease more palpable than in the campus workplace. It remains to be Students protested in mid- November against sexual assault and harassment at the Berklee College of Music. Berklee\u2019s president acknowledged that 11 faculty members have been fired for sexual misconduct in the past 13 years. december 2017 / the chronicle of higher education\b se xual boundaries for prof essors 5 seen how those developments will accelerate the complaints. But over the past several weeks, at least a half-dozen accusations of sexual miscon- duct by male faculty members have emerged or gotten renewed attention Any tendency to shrug off incidents in an aca- demic setting as relatively tame may not hold up to a new study of nearly 300 sexual-harassment accusations on campuses. It finds that most impli- cate more-serious behaviors, with more than half involving physical contact. \u201cFew of those allegations involved things like hugging or kissing or anything that could be ar- gued to be sort of accidental or affectionate,\u201d says Nancy Chi Cantalupo, an assistant professor of law at Barry University. She and William C. Kidder, associate vice president and chief of staff at Sono- ma State University, wrote an article about the study that is scheduled for publication next spring in the Utah Law Review. \u201cThe majority of the cases we looked at indi- cated that the touching was sexual in nature and ranged from sexual groping all the way to criminal levels of sexual assault, and even some domestic violence-like behaviors.\u201d That pattern, she says, runs counter to the narra- tive that the current push against sexual harassment threatens academic freedom. It\u2019s not what profes- sors are saying as much as what they\u2019re doing. And they\u2019re doing it a lot. One in 10 female grad- uate students at major research institutions report being sexually harassed by a faculty member, ac- cording to a study by the Association of American Universities. Some offenders are serial harassers who, if found out, resign and quietly move on to another campus. They may never be stopped because their victims, who sometimes suffer for years from self- doubt and shame, don\u2019t speak out. Some get so dis- couraged they leave academe. More women in academe will feel emboldened now to share their past experiences, or to protest a hand on the knee or an unwelcome embrace, Erin E. Buzuvis, a professor of law at Western New En- gland University and moderator of the Title Blog, expects. \u201cThe thing that keeps sexual-harassment vic- tims from speaking is the fear of not being be- lieved or of their complaints being trivialized,\u201d she 6 se xual boundaries for prof essors\b the chronicle of higher education / december 2017 says. \u201cThere is a lot of momentum now for believ- ing people\u2019s reports,\u201d she says, rather than assum- ing that someone so prominent or well-regarded couldn\u2019t possibly have done such a thing. But even if someone comes forward to report sexual misconduct, a star professor often escapes serious consequences, as anecdotes from across higher education have shown. That\u2019s what Seo-Young Chu says happened when, as a 21-year-old graduate student in English at Stanford University, she accused her former professor, Jay Fliegelman, of raping her and tell- ing her that he controlled her future. Ms. Chu is now an associate professor of English at Queens College of the City University of New York. Mr. Fliegelman, an influential scholar of American literature and cultural studies, was suspended without pay and banned from the department for two years following the incident, in 2000, but the reasons for his punishment were kept under wraps until recently. He died in 2007 researcher wrote in Nature magazine last year about being sexually harassed by a former postdoctoral supervisor and complaining to his university that, despite her objections, he had re- peatedly made lewd comments and tried to kiss her. He was eventually found guilty of research misconduct and inappropriate behavior, including sexual harassment, but wasn\u2019t fired, she wrote. The woman, who wrote anonymously and opted not to name him, said she had been advised to keep the outcome of the case confidential. The secrecy that surrounds sexual harassment contributes to a whisper network that activates when people want to warn one another whom to stay away from. As women move beyond that network and so- cial-media sites like Twitter and Facebook, they sometimes seek a more public platform, like Buzz- feed News, which published leaked details about the investigation into Mr. Marcy Most anti-harassment policies are ineffective be- cause they focus mainly on avoiding legal liability, according to a report issued last year by the Equal Employment Opportunity Commission. The legal standard for sexual harassment is be- havior so frequent or severe that it creates a hostile work environment, or results in someone being de- moted or fired in retaliation. But there\u2019s plenty of behavior that falls short of that threshold that can make people uncomfortable or lead to harassment. Sometimes such examples make their way into campus anti-harassment training. Poorly designed training can make men feel more resentful toward women, says Ms. Tinkler, the Georgia sociologist. Sessions can also cause offense by reinforcing gender stereotypes \u201cof men being more powerful and aggressive, and women more vulnerable and weak,\u201d Ms. Tinkler says. It\u2019s sometimes hard to say when a remark or ac- tion crosses the line into harassment. But even if the behavior just makes someone uncomfortable, the offender should be told, victim advocates say. The message doesn\u2019t have to come from the per- son on the receiving end of the squeeze or slea- zy compliment. Bystander-intervention policies that include men in calling out sexual aggressors or clueless curmudgeons can help avoid an \u201cus vs. them\u201d mentality, Ms. Tinkler says. Along with increased awareness of harassment, a backlash is brewing, warns Laura Kipnis, a pro- fessor in the department of radio, television and film at Northwestern University and the author of Unwanted Advances: Sexual Paranoia Comes to Campus, Even before the Weinstein reports, Ms. Kipnis says she had been hearing from male pro- fessors who were reluctant to advise female grad- uate students because they feared something they said or did could be misinterpreted. At a time when universities are experiencing what she calls \u201ca heightened climate of sexual paranoia,\u201d a kiss on the cheek at a holiday party can become grounds for investigation, she says, and, once accused, a professor will have a hard time shaking the reputation as a harasser. That\u2019s not to say that bad things aren\u2019t happen- ing and that some people don\u2019t need to be fired, Ms. Kipnis says have no doubt sexual harassment is pervasive, and in cases where there\u2019s groping or it\u2019s quid pro quo,\u201d she says, \u201cthose people should be out.\u201d One in 10 female graduate students at major research institutions report being sexually harassed by a faculty member. Originally published on November 16, 2017 december 2017 / the chronicle of higher education\b se xual boundaries for prof essors 7 Professor, a Graduate Student, and 2 Careers Derailed By Peter Ludlow, a philosopher at Northwestern U., has put his possessions in storage pending a planned move to Mexico 8 se xual boundaries for prof essors\b the chronicle of higher education / december 2017 he first time the young woman wound up in Peter Ludlow\u2019s bedroom was during a party at his apartment held by Northwestern University\u2019s phi- losophy department. In the luxury high-rise, with its expansive view of the Chicago skyline, Mr. Ludlow and his colleagues wined and dined prospective graduate students. He was a star professor in the department, and she had just earned her master\u2019s degree. \u201cHe brought me into his bedroom, where his printer was, and he was printing off all of this un- published work that he said nobody else had read, and he said, \u2018Send me all your half-cooked ideas,\u2019\u201d recalls the woman, who was shocked that such a prominent philosopher would share so much. She had an interest in epistemology, one of the profes- sor\u2019s areas of expertise. Mr. Ludlow says there was nothing unusual about his behavior. Showing a prospective gradu- ate student unfinished work, he says, is \u201ctextbook.\u201d The student started the Ph.D. program at Northwestern the next fall, in 2011. Within a month or so, she was spending several evenings a week at his apartment. They drank bottles of red wine on the balcony and debated ideas about the theory of knowledge, scrawling on the floor-to- ceiling windows. They slept in the professor\u2019s bed. She was 25 and had a serious boyfriend who lived in Boston. Mr. Ludlow was 54 and had a his- tory of dating young women. The professor and the graduate student agree on those details. Everything else about the nature of their relationship is disputed. She says she made it clear she wanted a mentor, not a romantic part- ner. She says he raped her one night in November of that year. Mr. Ludlow denies that accusation, saying they regularly had consensual sex and had even discussed marriage. The student eventually filed a complaint with the university. In 2014, Northwestern found Mr. Ludlow responsible for sexual harassment, not rape. But the fallout was just beginning. Their story set off a chain reaction of contro- versies that has placed them and their university at the heart of some of the toughest issues facing higher education. The case \u2014 and a separate com- plaint of sexual assault lodged against Mr. Ludlow by an undergraduate \u2014 has become a rallying cry for campus activists who want colleges to do more to stop sexual misconduct. The allegations also represent one more black eye for the discipline of philosophy, which has long been plagued by accu- sations of harassment and discrimination against women. What happened between Mr. Ludlow and the graduate student, and how people responded, il- lustrates the changing campus climate about sex, the complexities of the student-professor relation- ship, and how difficult it is for colleges to arbitrate when things go wrong. Following the complaints against Mr. Ludlow, Northwestern joined a hand- ful of institutions nationwide and banned all ro- mantic relationships between professors and un- dergraduates. In the past few months, the reverberations have grown louder. Another Northwestern professor wrote about what she called \u201csexual paranoia\u201d on campuses in an essay published in The Chronicle Review that referenced both students\u2019 complaints against Mr. Ludlow, without naming names. The essay prompted the graduate student to file federal complaints against the author and the university\u2019s president, who had written an essay in The Wall Street Journal defending professors\u2019 rights to free speech. His argument, the student said, implied that her complaint against the author was with- out merit. Those complaints raised new questions about the reach of the federal gender-equity act known as Title IX. The author of the essay, Laura Kipnis, described her experience as the subject of a Title investi- gation in a second essay last month for The Chron- icle Review, prompting a media firestorm over ac- ademic freedom and what\u2019s safe to say about sex on campus, and creating a further public-relations debacle for Northwestern. For both Mr. Ludlow and the graduate student, the latest episode has meant further upheaval that opened up their relationship and their lives to more public scrutiny and further jeopardized their careers r. Ludlow agreed in late February to talk for the first time about his relationship with the graduate student. Until then he had not publicly commented, instead using the le- gal system to challenge the actions of the two fe- male students and the university. Talking with The Chronicle, he says, \u201cwas my last, best hope to get at least some part of the truth out there.\u201d Mr. Ludlow says he faces dismissal hearings at Northwestern next month. (The university Their relationship put them at the heart of difficult issues facing academe. december 2017 / the chronicle of higher education\b se xual boundaries for prof essors 9 says it doesn\u2019t comment on personnel matters.) He considers himself a casualty of political cor- rectness as universities rush to judge professors accused of assault, denying them due process along the way. He says he didn\u2019t break the Northwestern rule that was in place at the time that prohibited facul- ty members from dating students over whom they had \u201cevaluative authority thought it would be a decision based on the facts instead of the public relations,\u201d he says of the university\u2019s review of the complaints against him. \u201cBut if you end up embarrassing the place, good luck trying to stay there.\u201d Mr. Ludlow had been thriving at Northwestern, where he says he was informed that he\u2019d be award- ed an endowed chair just three years after arriving in the department, in 2008. His academic career has taken him from the State University of New York\u2019s Stony Brook cam- pus to the University of Michigan at Ann Arbor to the University of Toronto. He married a professor of Italian at Stony Brook, a relationship that lasted 10 years. At Michigan he started seeing an under- graduate a year after she had taken a linguistics course from him, he says. She followed him to To- ronto, and he followed her to Chicago, he says, but the relationship fell apart. Mr. Ludlow is known for connecting the schol- arly interests of linguists and philosophers and for redirecting philosophy to an emphasis on studying the logic of ordinary human language. At Northwestern he also continued to build an expertise in the intersection of philosophy and on- line culture. In 2006 News named him one of the country\u2019s 10 most influential video gamers after the publisher of The Sims Online kicked him out of the game when Mr. Ludlow put out a muck- raking newspaper revealing virtual sex and finan- cial scams among players. He moved on to another online game, Second Life, and wrote a similar pa- per called The Alphaville Herald. Mr. Ludlow\u2019s familiarity with youth culture \u2014 in art, media, and video games \u2014 and his posh Chicago apartment and Audi convertible and his 1,000-watt philosophy career were an attractive combination. At Northwestern he dated and so- cialized with several women who were decades younger than him. None of them, he says, were in his classes at the time or under his direct super- vision \u2014 including the two students who made the complaints. Yet, as with many such relation- ships between professor and grad student, the lines were blurred. Mr. Ludlow and the grad- uate student were planning to publish a paper together. And every year, philosophy professors at Northwestern are asked to attend meetings during which the progress of each graduate stu- dent is assessed. But is it predatory for a professor to date stu- dents in the same department? Mr. Ludlow doesn\u2019t necessarily think so, and he emphasizes that the university\u2019s former rules prohibited dating only when the professor supervised the student. Students, he says, are as likely as professors to instigate relationships, and he adds that he has always been careful to let female students he dat- ed make the first move. \u201cIf you\u2019re trying to tell me that a 20-year-old college student has a weaker libido than a 50-year-old man,\u201d says Mr. Ludlow, \u201cthat\u2019s a stereotype, and it\u2019s a false one.\u201d Prohibiting dating between people who are de- cades apart in age seems no different to him than doing so between people of different races or reli- gions. \u201cAt what point do we decide this is some sort of moral hang-up preventing us from being in a re- lationship or spending time with people we should be spending time with?\u201d he asks. \u201cIt doesn\u2019t seem right to lock people out of your life because society considers the relationship inappropriate.\u201d The graduate student, meanwhile, has watched herself become an academic villain after using Ti- tle to challenge others at Northwestern who wrote and spoke publicly about her charges. \u201cI\u2019m a wreck,\u201d says the graduate student, who is now married and lives out of the country. In talking publicly for the first time about her rela- tionship with the professor, she asked to remain anonymous because she does not want her name openly associated with the rape accusations. While the student has been identified by name on various blogs and in tweets, The Chronicle does not typically publish the names of those who lodge rape charges am a shadow of my former self,\u201d she says. The graduate student says the attention she re- members receiving from Mr. Ludlow during the recruitment party continued after she accepted Northwestern\u2019s admissions offer. Mr. Ludlow, she says, asked her to travel to the University of St An- drews, in Scotland, to visit one of the world\u2019s lead- ing centers for philosophy. He told her he\u2019d rented a house on the ocean where she could stay. She says he offered to use his research funds to pay for her trip and asked her not to mention that to any- one. The graduate student saw herself become an academic villain. 10 se xual boundaries for prof essors\b the chronicle of higher education / december 2017 he graduate student says the trip sound- ed \u201cmagical.\u201d But she reluctantly declined after consulting with faculty advisers at her master\u2019s-degree institution and deciding that ac- cepting might not only appear inappropriate but could also alienate her from her fellow graduate students. Mr. Ludlow says trying to arrange the trip was not a special favor but part of his job. The student had made it clear that she wanted to visit St An- drews, and after accepting Northwestern\u2019s offer, she asked again about the opportunity, he says. \u201cWhen she asked me to arrange something said I\u2019d do it. It\u2019s what you are supposed to do for a stu- dent.\u201d Using his own research funds was a fallback op- tion, he says, if she didn\u2019t find another way to pay for the trip. In making the offer, he says, he didn\u2019t want to make other students jealous, which is why he asked her to keep it quiet. Over the next couple of months, the graduate student and Mr. Ludlow agree, they grew close. They ate out together almost every night when they were both in town, and then spent the rest of most evenings at his apartment. He says they had pet names for each other: He called her \u201cSpoon\u201d because the first night she spent at his place, she asked if he could \u201cspoon\u201d her while they slept, he says. She called him \u201c1,000 Angels,\u201d in reference to Tina Fey\u2019s character in 30 Rock, who said she was so happy she was \u201chigh-fiving a million angels.\u201d (The graduate student says the term was a joke and didn\u2019t mean anything to her.) According to Mr. Ludlow, the two had sex nu- merous times at his apartment during their three- month relationship, and he showed The Chronicle text messages in which the graduate student told him that she was \u201cin love\u201d and that they were made for each other. The graduate student says those were conversations she was manipulated into hav- ing by a man who told her he was lonely and need- ed a friend. Mr. Ludlow also showed The Chronicle a picture of a card they had filled out in early November 2011 after dinner at a Chicago restaurant called iNG. The restaurant used the card to collect con- tact information. On it the graduate student had written: \u201cI\u2019m sorry my boyfriend\u2019s a douche. Please email us anyway.\u201d Beneath that, Mr. Ludlow had added: \u201cThis is the first time she ever called me her boyfriend so thank you Chef Cantu.\u201d The graduate student then wrote: \u201cThat\u2019s a big step, FYI.\u201d The graduate student says she was very drunk when she completed the card at the restaurant and never thought of Mr. Ludlow as her boyfriend. But he says he took her sentiment seriously because it seemed in line with her behavior. \u201cShe didn\u2019t seem to care about anything but talking to me and hanging out with me,\u201d he says. \u201cThe amount of love felt coming from her was something hadn\u2019t felt before could sit and talk to her forever.\u201d Still, Mr. Ludlow acknowledges that it was he who was the most invested in the relationship, and that he kept pressing the student to make it exclu- sive. She told him she couldn\u2019t decide between him and her Boston boyfriend, Mr. Ludlow says. \u201cWe liked the same kind of music, we both had a nerdy streak in us,\u201d he says. \u201cShe was not intimi- dated by me in any way, and it wasn\u2019t like the con- nection we had was due to professorial gravitas.\u201d But the graduate student says Mr. Ludlow used his position to take advantage of her \u2014 praising her work, offering to help launch her career, telling her she was a \u201crock star,\u201d then pushing her to make their relationship romantic. The clash between their intentions was the subject of several heated arguments between them, she says. \u201cWe would be spending time together, hang- ing out a ton, having these late, late, late nights where we would sit up and talk about philosophy, and they were so engaging and so lovely,\u201d she says. \u201cAnd then there would be these cracks. He would get sad and distant and upset because he was in love with me.\u201d The graduate student says she did not consider their relationship romantic, nor did she consider them to be dating. One time, she says, when they were sitting on the balcony, Mr. Ludlow kissed her and she re- members saying: \u201c\u2018Peter have a boyfriend can\u2019t reciprocate.\u2019\u201d In retrospect, she says should have gotten up and left, but thought, OK, let\u2019s just act like that didn\u2019t happen.\u201d (Mr. Ludlow says the graduate student kissed him first.) She kept the precarious relationship going, she says, because she benefited from the professional connection. She and Mr. Ludlow were planning to publish their academic paper. But she says she al- ways walked a tightrope between the philosophi- cal work she enjoyed and the physical relationship he was pushing for. Renewed debates pitted protection of sex-assault victims against professors\u2019 academic freedom. december 2017 / the chronicle of higher education\b se xual boundaries for prof essors 11 One night in late November 2011, the graduate student says, everything changed. As usual, the two were sleeping in his bed after a night of drink- ing and talking about philosophy. But that night, while she was passed out from too much alcohol, she says, Mr. Ludlow had sex with her. She doesn\u2019t remember any of the details oth- er than when she woke up in the morning, it was clear to her what had happened remembered feeling like had lost,\u201d she says had been fight- ing this fight for a long time and trying to draw a line in the sand just felt crushing sadness.\u201d Mr. Ludlow disputes that account. What hap- pened, he says, is that he simply could no longer take the student\u2019s vacillating between him and her boyfriend. On the night in question, he says, he went to a hotel and left her at his apartment alone. Over the next several weeks, he and the grad- uate student continued to exchange text messag- es. He shared some of them with The Chronicle thought could choose,\u201d she wrote in one con- versation. \u201c\u2026 Instead just felt like was flipping back and forth wish it was really ob- vious and easy. But it\u2019s not. And don\u2019t want to hurt any- body just don\u2019t know what want.\u201d After that, their relationship slowly unraveled, ending for good in January 2012. Just before that, in late December, the two had a prophetic exchange over Goo- gle Chat in which they discussed their fears over how their relationship might be viewed by others. The conversation began because the student believed that Mr. Ludlow might have confided in a promi- nent philosopher. Student: \u201cDo you understand how devastating rumors about me having an unprofessional rela- tionship with one of my advisers could be? Did you give [him] a reason to think that our relationship was anything more than professional?\u201d Mr. Ludlow lied to him and said we don\u2019t have a romantic relationship have as much to lose as you do.\u201d Student: \u201cYou already have a career. Mine could be over before it even begins if my credibility is shot at this point. You can\u2019t lose your job.\u201d Mr. Ludlow: \u201cWatch it happen if you go to the admin.\u201d Student: \u201cYou know don\u2019t have a dishonest bone in my body could never do that to anybody.\u201d Mr. Ludlow says the exchange validates his as- sertion that the two had a romantic relationship. The graduate student says she simply decided not to challenge him on his interpretation of their relationship. What she was most concerned with, she says, was what he was telling others wasn\u2019t trying to go to war with Peter Ludlow. \u201cIt doesn\u2019t seem right,\u201d says Mr. Ludlow, \u201cto lock people out of your life because society considers the relationship inappropriate 12 se xual boundaries for prof essors\b the chronicle of higher education / december 2017 just wanted it to be over wanted out,\u201d she says let an impossible situation get out of hand.\u201d Although the graduate student said in that ex- change that she wouldn\u2019t go to administrators, she eventually did. But not right away. In February 2012 \u2014 a month after the relation- ship with Mr. Ludlow ended \u2014 a freshman who had taken his course in the philosophy of online culture the semester before emailed him about an art show she thought would interest him. He of- How One Professor\u2019s Relations With Students Led to Controversy July 2008: Peter Ludlow is hired as a full professor by Northwestern\u2019s philosophy de- partment. February 2012 Northwestern undergraduate lodg- es a complaint with the university against Mr. Ludlow, alleging sexu- al assault. The university finds the professor responsible for some \u201cun- welcome and inappropriate sexual advances\u201d but not all. Northwestern docks the professor\u2019s pay, withdraws his endowed chair, and requires him to go to sensitivity training, according to Mr. Ludlow. February 2014: The undergraduate sues Northwest- ern, asserting that it botched its inves- tigation into her complaint and inade- quately punished Mr. Ludlow. She also accuses Northwestern of retaliating against her by denying her both a fel- lowship and some of the academic ac- commodations she requested. North- western denies her charges, saying it properly responded to her complaint federal judge later upholds his de- cision to dismiss the lawsuit, and the woman files an appeal with the U.S. Court of Appeals for the Seventh Cir- cuit. The undergraduate sues Mr. Ludlow under the Illinois Gender Violence Act, saying the alleged assault caused her academic performance to suffer and brought on post-traumatic stress dis- order. March 2014: News of the lawsuits breaks, and stu- dents at Northwestern stage protests outside Mr. Ludlow\u2019s classroom with tape over their mouths and signs that read: \u201cWe Will Not Be Silenced.\u201d The professor agrees to stop teaching for the remainder of the spring quarter because of the controversy Northwestern graduate student files a complaint with the university against Mr. Ludlow, alleging that he raped her in 2011. She says she de- cided to tell her story after reading about the undergraduate\u2019s lawsuit. In the graduate student\u2019s case, North- western finds that Mr. Ludlow violat- ed its policy on sexual harassment, but not assault. The findings \u2014 cou- pled with those involving the under- graduate \u2014 prompt the university to schedule hearings to decide whether to fire Mr. Ludlow. June 2014: Mr. Ludlow files a lawsuit accusing the university of defaming him and of dis- criminating against him by finding him responsible for sexual harassment. The suit also accuses the graduate student of defamation federal judge later dismisses the lawsuit, and Mr. Ludlow\u2019s lawyer reorganizes it and re- files it. October 2014: Mr. Ludlow files a defamation lawsuit against the undergraduate. The profes- sor says she made false statements to the university and to the news me- dia after, he says, he rejected her ad- vances. February 2015: An essay by Laura Kipnis, a cultural critic and a professor in Northwest- ern\u2019s department of radio, television, and film, is published in The Chronicle Review. In it, she writes about what she calls \u201csexu- al paranoia\u201d on campuses and criticizes uni- versity efforts to limit or for- bid student-pro- fessor relation- ships. The essay refers to both students\u2019 com- plaints against Mr. Ludlow, though it doesn\u2019t use his name. March 2015: The graduate student files a complaint against Ms. Kipnis, alleging that she violated the federal gender-equity law known as Title IX. Ms. Kipnis did so, says the graduate student, by retaliat- ing against her by speaking and writing about her complaint against Mr. Ludlow. The graduate student then files a Title complaint against the university\u2019s pres- ident, saying that in an essay he wrote for The Wall Street Journal, he implied that the graduate student\u2019s complaint against Ms. Kipnis had no merit. May 2015: Ms. Kipnis details her experience as the subject of a Title investigation in a second essay for The Chronicle Review, prompting a media firestorm over academic freedom and about what\u2019s safe to say about sex on campus. Northwestern decides that Ms. Kipnis is not responsible for re- taliation, and the graduate student then drops the other complaint. Still, Northwestern professors say the way the administrators handled the in- vestigation had a chilling effect. The university\u2019s president says the institu- tion had no choice but to investigate. The graduate student files an inter- nal complaint against the head of the Faculty Senate, saying he broke uni- versity rules concerning confidentiality when he spoke during a senate meet- ing about her complaint against Ms. Kipnis. The graduate student drops the complaint before the university can make a decision on it december 2017 / the chronicle of higher education\b se xual boundaries for prof essors 13 fered to drive them both to the show, and they met at his campus office. Mr. Ludlow says he wanted the philosophy department\u2019s chairman to see that he was doing his job. Northwestern encourages professors to create opportunities for \u201cexperiential learning\u201d for students outside of class. That night, Mr. Ludlow and the female student, who was 19, not only stopped at several art shows, but at two restaurants and a jazz club, where the woman says he ordered alcohol and insisted she drink. She says he ignored several of her requests that they return to Northwestern. By the time they ended up back at his apartment, after midnight, she says, she was drunk. She detailed her allega- tions in a lawsuit she later filed against the univer- sity, saying that over the course of the evening Mr. Ludlow had kissed her, put his hands on her body, and told her he wanted to have sex. According to Mr. Ludlow, the young woman or- dered her own drinks and didn\u2019t consume enough to get drunk. He says she told him she wanted to date him, and at the jazz club she leaned in and kissed him. It was her idea to stay at his apart- ment, he says. And while she ended up sleeping in his bed that night, they slept with their clothes on and \u2014 both agree \u2014 never had sex. He drove her back to her dorm in the snow the next morning. Within days the undergraduate had complained to the university, saying Mr. Ludlow had sexually assaulted her with fondling and kissing. \u201cThe big deal is that this was unwanted,\u201d she said in a brief interview with The Chronicle this month. \u201cThis was freshman year, with someone respected and trusted.\u201d The university found Mr. Ludlow responsible for some but not all of the \u201cunwelcome and inappro- priate sexual advances\u201d described. Northwestern docked his pay, withdrew his endowed chair, and required him to go to sensitivity training. Because such proceedings are confidential, few people even knew about the complaint or that Mr. Ludlow had been punished. Within a year of the incident with the under- graduate, Mr. Ludlow was making plans to move on. In 2013 he accepted a job offer at Rutgers Uni- versity \u2014 which has a highly regarded philosophy department \u2014 where he also would direct the uni- versity\u2019s Center for Cognitive Science. But before he could make the move, the un- dergraduate at Northwestern had thrown the dispute between her and Mr. Ludlow into the open. In February 2014 she sued the university, claiming that it had botched its investigation of her complaint and inadequately punished Mr. Ludlow. The trauma of their sexual interaction, she says, had caused her to try to commit sui- cide. She charged Northwestern with retaliating against her by denying her both a fellowship and some of the academic accommodations she re- quested after the night with Mr. Ludlow. In its response to the lawsuit, Northwestern denied all of her charges, saying it had properly responded to her complaint. The undergraduate sued Mr. Ludlow, too, under the Illinois Gender Violence Act. The professor re- sponded with a defamation suit against her. When news of the lawsuits broke, students at North- western staged protests, gathering outside Mr. Ludlow\u2019s classroom with tape over their mouths and signs that read, \u201cWe Will Not Be Silenced.\u201d With controversy swirling around him, he agreed to stop teaching for the remainder of the spring quarter last year. After students at Rutgers learned about the complaints at Northwestern and their university\u2019s plan to hire Mr. Ludlow, they, too, protested, and Rutgers abandoned its interest in Mr. Ludlow, he says. In a statement, Rutgers said: \u201cWhen Rutgers learned of allegations against Professor Ludlow at Northwestern, the university requested rele- vant information from Professor Ludlow and his attorney. This information was not provided. As a result, Professor Ludlow did not come to Rutgers University.\u201d After reading the details of the undergraduate\u2019s lawsuit, the graduate student decided to finally tell someone at Northwestern what had happened be- tween her and Mr. Ludlow. She chose as her con- fidante Jennifer Lackey, a philosophy professor who serves as her dissertation adviser. As a result of that conversation, Ms. Lackey was required by the university to report the allegations to admin- istrators. After consulting with Ms. Lackey, the graduate student lodged a formal complaint of sexual assault against Mr. Ludlow in March 2014. Ms. Lackey \u2014 who has been sued by Mr. Ludlow in connection with the graduate student\u2019s com- plaint \u2014 declined to comment for this article. The professor says he was stunned, but he ex- pected the university to clear him. Northwestern determined that he hadn\u2019t vio- lated its policy prohibiting professors from dating students they supervise. The graduate student had not taken any classes with him, nor had the annu- al review of graduate students by the department occurred, so Mr. Ludlow hadn\u2019t offered any formal opinions of her work. Northwestern did find that Mr. Ludlow had vio- lated its policy on sexual harassment. By virtue of his position as a professor, it said, he had taken ad- vantage of the unequal relationship between him and the student and had courted her by offering her expensive dinners and other social benefits she would otherwise not have had. In doing so, the uni- versity found, Mr. Ludlow had used his position as a faculty member to exert pressure on the student to engage in an intimate relationship that had neg- atively affected her academic performance. That\u2019s when the professor filed a lawsuit against the graduate student, Ms. Lackey, several universi- 14 se xual boundaries for prof essors\b the chronicle of higher education / december 2017 ty officials, and Northwestern. The lawsuit includ- ed charges of defamation and gender discrimina- tion federal judge dismissed Mr. Ludlow\u2019s case in February, but he has since refiled it. Northwestern issued a statement to The Chron- icle in which it said it cannot comment on individ- ual cases. The university, though, went on to say that it is committed to creating and maintaining a safe and harassment-free environment. North- western, the statement also said, is \u201cone of very few universities\u201d with a policy that expressly bans faculty-undergraduate relationships and \u201cis a lead- er in this area or both Mr. Ludlow and the graduate stu- dent, the turmoil that their relationship had created seemed to be winding to a close by the beginning of this year. Still outstanding were the final verdicts in the professor\u2019s lawsuits and a decision on whether he would keep his $190,000-a-year job. He sold his apartment and his car to pay his legal bills and was living in Chi- cago in the basement of a friend\u2019s mother. But then Ms. Kipnis\u2019s essays, published in Febru- ary and in May, returned their story to public view and kicked up an even greater controversy. Drawn into the mix were new debates pitting a university\u2019s obligation to protect victims of sex as- sault against its responsibility to maintain a pro- fessor\u2019s academic freedom. The graduate student felt that Ms. Kipnis\u2019s words belittled her and the serious charges she had brought against Mr. Lud- low, arguing that the essay amounted to retalia- tion. Widespread condemnation of the student has ensued; several commenters have said no academ- ic department should ever hire her now. Beyond a handful of words, Ms. Kipnis says her original essay was not about the graduate student. The student was simply upset, says Ms. Kipnis, that the article wasn\u2019t written from her point of view. Although Ms. Kipnis believes that the Title charges brought against her were outrageous, she says some of the harsh criticism the student received online was \u201cbrutal\u201d and made Ms. Kip- nis herself uncomfortable. On her Facebook page, where she posted her Chronicle essays, Ms. Kipnis said she didn\u2019t agree with commenters who called the student a \u201cbully\u201d for using Title IX. In the end, Northwestern decided that Ms. Kip- nis was not responsible for retaliation, but not be- fore it had hired a team of outside lawyers to help make the determination. And not before people on the campus and off criticized the university for investigating the graduate student\u2019s complaints against Ms. Kipnis so thoroughly. Morton O. Scha- piro, Northwestern\u2019s president, said it had had no choice. But faculty members said the way admin- istrators handled the situation had a chilling effect and damaged the university\u2019s reputation. After the university cleared Ms. Kipnis, the graduate student dropped the complaint she\u2019d filed against Northwestern\u2019s president. In the wake of the controversy, Mr. Schapiro and Daniel Linzer, the provost, issued a joint statement this month that sought to clarify the university\u2019s position. \u201cThe offensiveness of a particular view, standing alone, is not a sufficient basis to establish a Title claim,\u201d the statement read. But, the ad- ministrators continued, \u201cwe ask that members of the Northwestern community be mindful of the privacy of others and help maintain a campus cli- mate that fosters mutual respect and healthy dis- course, while protecting the interests of those who take advantage of the rights afforded to them un- der the law.\u201d The graduate student says she wishes now she\u2019d never made the original sex-assault complaint against Mr. Ludlow. Northwestern, she says, didn\u2019t ensure that professors would keep her charges out of open conversations on the campus and out of the news media, and didn\u2019t protect her from retali- ation, as she\u2019d expected. Her name has been spread widely online. \u201cWhy did trust the system with this thing that is the most delicate, most humiliating, most agonizing thing that\u2019s ever happened to me?\u201d she asks. \u201cWhy did hand this over to a system that is so tooth- less, so full of empty promises, only to be made a laughingstock?\u201d The graduate student has barely written a word on philosophy in the 15 months since she filed her complaint against Mr. Ludlow. She fears that she\u2019ll never finish her Ph need this all to be over,\u201d she says need to find the fastest, safest way to the other side.\u201d Meanwhile, Mr. Ludlow is planning to move to Mexico \u2014 where the living is cheaper and where, he says, he can still study and write. \u201cThings are not that bad,\u201d he says. \u201cEveryone you meet is some- one you can share knowledge with and gain infor- mation from.\u201d The events of the past few years, he says, won\u2019t ruin him. Neither will Northwestern. \u201cThere is a certain level of freedom they can\u2019t take away,\u201d Mr. Ludlow says. \u201cThey can\u2019t stop me from doing phi- losophy.\u201d Originally published on June 19, 2015 december 2017 / the chronicle of higher education\b se xual boundaries for prof essors 15 y resigning last week from the University of California at Berkeley, Geoffrey W. Marcy \u2014 the acclaimed astronomy professor found to have repeatedly violated Berkeley\u2019s sexual-ha- rassment policy over the course of a decade \u2014 may have helped the institution solve a nagging disci- plinary problem. But Mr. Marcy\u2019s decision could not allay the backlash over Berkeley\u2019s treatment of his case. Many professors Why Colleges Have a Hard Time Handling Professors Who Harass By U. of California at Berkeley officials say they could not quickly dismiss the famed astronomer Geoffrey W. Marcy, accused of sexual harassment of students, because the process would have been \u201clengthy and uncertain.\u201d The case of Mr. Marcy (pictured at an event in the summer of 2015) reflects the complex dynamics at play in such situations 16 se xual boundaries for prof essors\b the chronicle of higher education / december 2017 and observers have decried the university\u2019s failure to quickly dismiss the professor; some have called for the university, and other institutions, to revamp the process for dealing with similar cases of faculty misconduct. The critics ask a simple question: Why didn\u2019t the university do more to punish a professor it had identified as a serial offender? In a statement after Mr. Marcy\u2019s resignation, two Berkeley officials said they couldn\u2019t do much else. Any further disciplinary action, they said, would have required faculty-led hearings with high standards of evidence and a three-year statute of limitations. (The complaints against Mr. Marcy concerned alleged incidents from 2001 to 2010.) The officials described such a process as \u201clengthy and uncertain.\u201d Even a professor who is the subject of regular misconduct complaints often cannot be easily re- moved from a campus. Tenure protects many pro- fessors from quick dismissal. Their faculty peers, who are often charged with assessing whether an accused colleague bears responsibility, may view the cases as attacks on tenure. College leaders, who often don\u2019t have the power to terminate a professor without consulting the faculty, may fear damage to their institution\u2019s reputation. Students who expe- rience harassment may not file complaints if they feel they have little chance of being taken seriously. Mr. Marcy\u2019s case echoed those themes. Students and faculty members inside and outside of Berke- ley had known about the professor\u2019s behavior for years but had discussed it mostly in private. Uni- versity officials eventually conducted an investi- gation, but it was not made public until a Buzz- Feed News report this month. And even though the university found Mr. Marcy responsible for harassment and forced him to give up any future due-process rights, the astronomer was allowed to remain on the campus. After Mr. Marcy\u2019s resignation, Janet A. Napoli- tano, president of the University of California sys- tem, announced plans to create a committee of administrators, faculty members, and students to review the system\u2019s procedures for handling sexu- al-misconduct complaints against tenured profes- sors. Ms. Napolitano wrote in an October 15 letter to the system\u2019s chancellors and regents that Mr. Marcy\u2019s ability to remain on the campus had \u201chigh- lighted the urgent need to review university policies that may have inadvertently made the investigation and resolution of this case more difficult PROCESS\u2019 Faculty disciplinary procedures are murky at many institutions. When a sexual-harassment complaint is brought against a tenured professor, a faculty committee might be involved both in the review of the complaint and in any dismissal pro- ceedings, depending on college policy. Terminating a tenured faculty member could require hearings and appeals that might take a full semester or lon- ger and that are unpleasant for the complainant, who is typically questioned and cross-examined by the committee. Some colleges channel all sexual-misconduct complaints involving employees through hu- man-resources offices, a process that does not up- hold the standards of the American Association of University Professors, said Anita Levy, associate secretary for its Department of Academic Free- dom, Tenure, and Governance. To honor academic freedom, such a review should be conducted \u201cby a committee consisting exclusively of elected faculty peers,\u201d she said in an email. But faculty-run proceedings are \u201can ugly process at times,\u201d said Eric Isicoff, an outside lawyer for the University of Miami. He is defending the university against a Title lawsuit brought last week by a for- mer graduate student, Monica Morrison, who was upset with Miami\u2019s handling of her sexual-harass- ment allegations against Colin McGinn, a former prominent philosophy professor there. As a student filing a complaint, Mr. Isicoff said, \u201cyou\u2019re walking in with the odds largely stacked against you.\u201d Unlawful conduct, such as a sexual assault, is a different scenario, he said. However, \u201cwhen there The Marcy situation \u201chighlighted the urgent need to review university policies that may have inadvertently made the investigation and resolution of this case more difficult.\u201d december 2017 / the chronicle of higher education\b se xual boundaries for prof essors 17 are fringe or borderline allegations, especially ones that can be interpreted or construed in more than one way,\u201d he said, \u201cthe faculty is going to give the tenured professor the benefit of the doubt.\u201d If a faculty committee recommends a punish- ment for a professor, the college president tends to have the final say on the matter. But pushing professors out without their peers\u2019 approval might provoke an uproar among faculty members, and perhaps an ugly public backlash. That\u2019s why a \u201cgolden parachute\u201d is a common administrative response to such situations, said Heidi L. Lockwood, an associate professor of phi- losophy at Southern Connecticut State University who has spoken out frequently against harassment by professors. In those cases, she said in an email, administrators might offer problem professors a voluntary severance agreement, an opportunity to resign, or assistance in finding another job, either at the institution or elsewhere. As part of such a secret process, student com- plainants might be offered minor gestures of ap- peasement and might be required to sign nondis- closure agreements, said Cynthia Lewis, a profes- sor of English at Davidson College who is working on a book about professors\u2019 harassment of students. \u201cThe victims in these cases typically get noth- ing,\u201d Ms. Lockwood added. Miami officials successfully pushed Mr. Mc- Ginn to resign. Ann Olivarius, a senior partner at McAllister Olivarius, a law firm that specializes in workplace-discrimination claims, said she as- sumed that Mr. McGinn felt he would lose if he went before the institution\u2019s Faculty Senate on ha- rassment charges, so he resigned. Ms. Olivarius \u2014 a plaintiff in Alexander v. Yale, a 1980 case that used Title to establish that sexual harassment of female students could be considered discrimi- natory \u2014 is representing Ms. Morrison in her suit. Still, Mr. Isicoff said, the university\u2019s administra- tors had acted appropriately to bring a quick con- clusion to the case. Mr. McGinn\u2019s resignation \u201cdidn\u2019t happen in two or three years, or never,\u201d he said. \u201cAnd there weren\u2019t embarrassing proceedings.\u201d Alternatively, officials might give the professor a slap on the wrist, as many observers \u2014 including Ms. Olivarius \u2014 feel Berkeley did initially with Mr. Marcy. \u201cIt\u2019s the oldest game in the book to say, Don\u2019t do it again,\u201d she said. \u201cNobody wants to face the real truth of it.\u201d But \u201cwe have to discover ways to be more strin- gent with faculty,\u201d said Billie Wright Dziech, a longtime professor of English at the University of Cincinnati who wrote a groundbreaking 1984 book, The Lecherous Professor: Sexual Harass- ment on Campus. Star professors, like Mr. Marcy and Mr. Mc- Ginn, \u201care role models,\u201d she said. \u201cWhen they get away with it, it sends the message that this behav- ior is It is important, too, for tenured faculty members\u2019 rights to be protected in sexual-harassment cases, said Heather Metcalf, research director of the Asso- ciation for the Advancement of Women in Science. \u201cEven if the situation at hand is a really terrible one,\u201d like Mr. Marcy\u2019s, Ms. Metcalf said, it\u2019s essen- tial to remember that there will also be occasions \u201cwhere someone is accused of something they didn\u2019t do.\u201d The AAUP\u2019s Ms. Levy said a subcommittee of the association is drafting a report about the \u201cuses and abuses of Title IX\u201d in response to \u201ca number of troubling academic-freedom cases stemming from the apparent misapplication of institutional sexu- al-harassment policies.\u201d Despite Ms. Napolitano\u2019s planned task force, Benjamin E. Hermalin, chair of Berkeley\u2019s Aca- demic Senate, said he wasn\u2019t sure whether chang- es in the university\u2019s procedures were necessary in the aftermath of the Marcy case. If the problem was how policies had been interpreted or carried out, he said in an email, then making adjustments was unlikely to deter future harassment. That\u2019s not how Southern Connecticut\u2019s Ms. Lockwood sees it. She said colleges can take clear steps to improve how they handle claims of mis- behavior by professors. She recommended, among other changes, that colleges conduct harass- ment-specific background checks before hiring professors. Alexandra Tracy-Ramirez, an Arizona law- yer who worked as a Title investigator at two colleges, said it might make sense for some cam- puses to create a separate committee that deals with sexual-harassment complaints against fac- ulty members. That body could involve profes- sors, she said, but it could also include people who are specially trained to deal with sexual misconduct and an expert investigator from out- side the institution. Ms. Dziech criticized the statute of limitations that applied to the allegations against Mr. Marcy, saying there shouldn\u2019t be any such limit. \u201cAll of the reliable research says that it takes years and years, often, for people to come forward and talk because of the stigma attached to it,\u201d she said. Given the factors at play, it\u2019s perhaps under- standable that institutional leaders want to tread cautiously. But in highly charged sexual-mis- conduct cases, some advocates say, risk aversion doesn\u2019t work. College leaders, Ms. Dziech said, \u201chave to stop worrying about who\u2019s going to sue us or countersue us.\u201d Originally published on October 22, 2015 18 se xual boundaries for prof essors\b the chronicle of higher education / december 2017 s the #MeToo movement has gathered steam, women have gone public with accusations of sexual misconduct by professors at dozens of colleges. But one institution in particular has faced reproach as a hotbed of abusive behavior. The Berklee College of Music was described in a recent Boston Globe article as having a \u201ca culture of bla- tant sexual harassment.\u201d The Globe\u2019s characterization did not surprise students or faculty members at the col- lege, many of whom said they knew or had heard about people being harassed. But it spurred them to action. Worried that the issue would not be taken seriously by the college, students quickly organized a walkout and march this month, followed by a forum that drew more than a thousand participants. \u201cPeople just got to a point where we were like, OK, we can\u2019t ignore this any longer,\u201d said Mi- chela McDonagh, a professional music major who organized the protest. \u201cPeople were so ready to move forward.\u201d At the event, Roger H. Brown, the college\u2019s president, laid out numbers that revealed the ex- tent of the problem: Eleven professors, he said, had been fired for sexual misconduct over the past 13 years. The walkout \u2014 and the forum that followed \u2014 launched the college into public soul-searching. Students, faculty, and administrators now say they are determined to fix a culture that has al- lowed sexual misconduct to persist. At a moment of dramatic change in how the issue is addressed across many fields, Berklee is trying to emerge as a model for other higher-education institutions and the music industry that the college helps populate. Berklee\u2019s students aren\u2019t the only ones push- ing for change small group of profes- sors that formed after the publication of the Globe article has is- sued a list of demands. Among them: diversity among the faculty and student body. \u201cIt\u2019s our belief that if women and femmes are more adequately repre- sented, that this is go- ing to be less likely to take place,\u201d said Carlee Travis, an instructor of liberal arts. Women make up 36 percent of Berklee\u2019s student body and 37 percent of its faculty group of faculty members is calling for gender parity among both populations by 2025. They\u2019re also demanding that at least 30 percent of the faculty be people of color by that time. \u201cThat was met with a lot of resistance from my male colleagues,\u201d Ms. Travis said. Some faculty members responded to the demands with emails arguing that \u201ca gender quota would negatively im- pact what male colleagues believe to be a meritoc- How One College Has Set Out to Fix \u201ca Culture of Blatant Sexual Harassment\u201d By \u201cPeople just got to a point where we were like, OK, we can\u2019t ignore this any longer.\u201d december 2017 / the chronicle of higher education\b se xual boundaries for prof essors 19 racy,\u201d she said. But Mr. Brown, the president, said that diversifying the student body and faculty is one of several big changes the institution is trying to make. He said the faculty members\u2019 demands are \u201cprobably doable,\u201d though he did not want to commit to specific numbers without first making a plan Since the November rally, Mr. Brown said, he has met with hundreds of students. Every one of them has told him that either they or someone close to them has a story about being subjected to sexual misconduct. \u201cThe insight came to is that think there\u2019s a tendency for us to look at these cases as isolated incidents of a bad person doing bad things, par- ticularly when it\u2019s sexual in nature,\u201d he said. \u201cAf- ter hearing the #MeToo stories and reading about this, I\u2019m not sure these are isolated incidents, and think they have less to do with sex and more to do with power and the abuse of power.\u201d With that in mind, he said, the college plans to bolster the structures that provide support to stu- dents who say they have been sexually harassed or assaulted. Mr. Brown said the university will hire more counselors, and Berklee officials have already placed posters around campus that tell students how to report an incident. The president plans to give faculty members more instruction about boundaries and to make sure everyone knows how to report an incident. Like all colleges that receive federal funds, Berklee already reports on the number of crimes commit- ted on campus under the Clery Act, but he also wants to improve their method for reporting in- cidents of sexual assault so that students and the public have \u201csome way of comparing us to the past and to other institutions so we\u2019re as transparent as we can be without naming individuals.\u201d The president is creating a working group of stu- dents, faculty, and staff to evaluate broader chang- es to prevent sexual assault HARASSER\u2019? The working group may examine a policy that the college will not change in the short term: the common practice of keeping private the names of people investigated or fired for sexual mis- conduct. That policy, critics say, effectively gives faculty members who have been fired for sexual harassment a better chance of finding work else- where. Colleges have debated this practice for decades. It has been referred to as \u201cpass the ha- rasser,\u201d because bad actors were allowed to jump from job to job. Berklee has been on both ends of that dynam- ic, according to The Boston Globe. In one case, an anonymous woman told the newspaper she woke up naked to find her mentor, Jeff Galindo, a jazz musician and instructor, groping her. She reported the case and Mr. Galindo was fired. She later found out that he went on to teach at three other institutions, though she said she had been assured by Berklee that he wouldn\u2019t be able to. Berklee told the Globe that it had provided one of the institutions with Mr. Galindo\u2019s termination letter, \u201cwhich included an explicit statement that explained the reasons for his departure from the college.\u201d Mr. Brown said that \u201cif another institu- tion calls for a reference on someone, we will tell them that they were terminated for sexual mis- conduct.\u201d In another case, Berklee recently hired a pro- fessor, Steve Kirby, who had retired from the Uni- versity of Manitoba. The Winnipeg Free Press re- ported that, as he stepped down, the university was meeting with students reporting concerns about the professor that were \u201csexual in nature.\u201d At the November rally, according to the Globe, Mr. Brown said that Berklee did not know about the students\u2019 allegations until hearing from report- ers in Manitoba. After an investigation, Mr. Kirby was fired from Berklee. (Another Steve Kirby who works at Berklee has not been accused of sexual misconduct.) If no one feels good about those stories, no one is entirely sure what to do about them. Sky Stahl- mann, a first-year student and professional-music major, acknowledged that balancing an accused person\u2019s right to privacy with students\u2019 need for more transparency is tricky lot of people want to see sexual offenders strung up,\u201d she said. While she sees the benefits of that approach, she said she plans to focus on making sure victims have support and educating people on campus about sexual harassment. Ms. Stahlmann is president of a newly formed group, Berklee and BoCo Against Sexual Assault, that will work independently of the administration to teach people about the issue and give students a voice as the college mulls changes. Many victims of sexual misconduct have taken it upon themselves to name abusers. Since the Globe article and the rally, said Jaclyn Chylinski, a senior musical-theater major, more students have been speaking out about their experiences on campus do not think this will be the last of the allegations,\u201d she said. More revelations would bring more soul-search- ing. But Ms. Chylinski and other student activists say they have been encouraged by their admin- istration\u2019s willingness to listen. That alone won\u2019t change the culture, but they say it\u2019s a start. Originally published on November 29, 2017 20 se xual boundaries for prof essors\b the chronicle of higher education / december 2017 \b What Happens When Harassment Disrupts Careers By Kristen Gorman december 2017 / the chronicle of higher education\b se xual boundaries for prof essors 21 eo-Young Chu used to be known as Jen- nie. She was a young Ph.D. student study- ing early American literature and culture at Stanford University, with Jay Fliegel- man, an influential scholar and teacher both on the campus and in the field. While Ms. Chu was his student at Stanford in 2000, Mr. Fliegelman raped and abused her, she says. The university investigated, suspending him for two years after he was found responsible for sexual harassment. Ms. Chu moved across the country, enrolled in the English Ph.D. program at Harvard University, changed the focus of her stud- ies, and decided to go by her Korean name wanted to be a new person,\u201d she says. \u201cThat\u2019s how much in denial was.\u201d After finishing her Ph.D., she landed a ten- ure-track position at Queens College of the City University of New York, where she is now an asso- ciate professor in the English department. But the experience changed her and the course of her ca- reer. At Harvard, she left behind research on chil- dren\u2019s literature and focused on science fiction. In job interviews and on campus visits, she was occa- sionally asked if she was connected to what hap- pened with Mr. Fliegelman. The questions made her anxious, but she answered them and assumed she\u2019d lost that particular job opportunity. She was applying during the recession, when the job market was particularly bad, but she wonders if her experi- ence had anything to do with why her search lasted three years. \u201cThose kind of moments have pierced my life again and again over the years,\u201d Ms. Chu says. Mr. Fliegelman died in 2007. But when Ms. Chu is teaching now, she\u2019s still haunted by the memo- ry of a professor who hurt her while telling her he controlled her career. \u201cI\u2019m constantly wondering, Am abusing my power? Am saying something that will make a student uncomfortable?\u201d Ms. Chu says don\u2019t know whether it\u2019s good or bad being that kind of teacher think I\u2019m overly distant at times, because don\u2019t want any student to feel like I\u2019m too close.\u201d Stories like Ms. Chu\u2019s have surfaced recently as part of the #MeToo movement, in which people in seemingly every industry are sharing their experi- ences of sexual abuse by people in power. Dozens of professors, many of whom are revered in their fields, have been called out for misconduct. Those who say they were the victims of such behavior are demanding that colleges end a longstanding prob- lem. They\u2019re motivated by anger that some abusers have gone unpunished \u2014 and fear that those peo- ple will hurt others. Academics and others who have spoken out about experiencing sexual harassment or assault also speak of long-term repercussions to their ca- reers. Students and former students describe carv- ing paths that would allow them to avoid certain professors. Some, like Ms. Chu, say they changed the focus of their research, while others left higher education altogether. These losses can be devastat- ing for the individuals involved. When their poten- tial contributions as researchers, teachers, or lead- ers are squashed, what else is lost? \u201cEach individual makes choices that make sense in the moment to keep themselves safe, and that leads to big cumulative effects,\u201d said Kristen S. Gorman, a graduate of the University of Roches- ter\u2019s department of brain and cognitive sciences. They might not apply to their first-choice program because of what they heard about a professor or decide not to write a chapter of their dissertation in order to avoid working with him. Some skip out on conferences or networking events or drop out of academe altogether, disillusioned by what they\u2019ve seen. Their departures dampen the impact of ef- forts to put people from underrepresented popula- tions in the pipeline s. Gorman speaks from experience. She said she made decisions about where to study and what research to pursue in or- der to avoid certain professors. She contributed to a complaint with the Equal Opportunity Em- ployment Commission that was filed in August against Rochester and T. Florian Jaeger, a profes- sor who was accused of harassing female graduate students. The complaint alleged violations of state and federal civil-rights laws, such as Title IX. She worked with Mr. Jaeger early in her time at the university, but she said that after he showed up uninvited to grad-student social gatherings, made a pass at her, and made belittling comments, she decided to avoid him. Ms. Gorman didn\u2019t pursue the research that would have involved collaborating with him, and she told her adviser that she didn\u2019t \u201cEach individual makes choices that make sense in the moment to keep themselves safe, and that leads to big cumulative effects.\u201d want Mr. Jaeger on her dissertation committee. When she had questions that involved complex sta- tistical analysis and computational modeling, Mr. Jaeger\u2019s areas of expertise, Ms. Gorman instead asked his graduate students for help. She never re- ported Mr. Jaeger, but after she had graduated, when former colleagues asked if they could name her as someone a Title investigator could con- tact, she agreed was proud of myself,\u201d Ms. Gorman said. She was proud both because she had managed to avoid him and because of the research she was able to accomplish. But she said that she missed out on computational training by avoiding Mr. Jaeger and that the scientific contributions she was able to make were different as a result. And she wonders whether the decision she and others have made to quietly accommodate an uncom- fortable situation is having a broader impact on who persists through her field. In an email on Thursday, Mr. Jaeger\u2019s lawyer, Steven V. Modica, said his client was surprised by Ms. Gorman\u2019s account. Mr. Jaeger does not recall making belittling comments or a pass at her, but does remember inviting her to give a guest lecture in his class, which he said she did. \u201cMy client holds Dr. Gorman in high regard as a researcher and teacher,\u201d Mr. Modica said. He noted that an under- graduate student who had been a research assistant of Mr. Jaeger\u2019s wrote a letter in Rochester\u2019s student newspaper praising him. She recalled him as a good teacher who is \u201ccaring but stern, honest, and fair.\u201d Ms. Gorman\u2019s experience at the University of Rochester was not the first time she thinks sexual harassment blunted her educational opportunities. She decided not to apply to two different graduate schools, she said, because she had heard that her potential adviser at one had \u201ctrouble dealing with female students,\u201d and that another had sexual re- lationships within the department. The \u201cwhisper network,\u201d a system of quietly shared information on whom to avoid in various departments had seemed at the time like an important tool for survival but now looks to have enabled bad behavior. Hundreds of faculty members signed an open letter saying they \u201ccannot in good conscience en- courage our students to pursue educational or employment opportunities at the University of Rochester s a graduate student, Ms. Gorman said, she attended a workshop that was meant to keep women in the fields. There she was instructed on how to negotiate, prepare for an interview, and apply for funding. She also attended lectures aimed at women, but she said that broader attempts to improve gender diver- sity fell flat, especially when others wouldn\u2019t ac- knowledge the negative consequences of sexual misconduct. Ms. Gorman is now an education program spe- cialist at the University of Minnesota, where she helps faculty members in the fields with their teaching practices. She said her decision not to pursue a career as a brain researcher was com- plicated and not tied to one specific person or in- cident. But she wonders whether she would have had a more positive impression of academic life had she felt better about the culture within her department. Research has shown that while it\u2019s not uncom- mon for graduate students to become less inter- ested in careers as scientists as their training pro- gresses, the issue is more acute for women and underrepresented minority students. Kimberly A. Griffin, an associate professor of education at the University of Maryland at Col- lege Park, was a co-author of one such study about biomedical-science Ph.D. students. She said that female participants in the study who experienced harassment had one of two responses: They ig- nored it or they left the academy. \u201cExperiences with sexual harassment were a larger part of an unwelcoming climate that mar- ginalized women and made them feel unwelcome,\u201d she wrote in an email. \u201cIn some cases, this did translate to less interest in faculty careers or aca- demic research.\u201d Kim M. Cobb, a professor of earth and atmo- spheric sciences at the Georgia Institute of Tech- nology, said that in many academic departments, male faculty members\u2019 relationships with their graduate advisees or students are open secrets. That never works out for the student, who often must leave the field because their relationship with their main advocate is compromised. \u201cIf you have a conflict of interest with someone, you can\u2019t pretend to serve that student\u2019s profession- al goals anymore,\u201d she said romantic relation- ship, she says, presents a conflict of \u201cgargantuan proportions.\u201d The other students and faculty members within a department or lab also feel the effects of sexual harassment, Ms. Cobb said. They may be forced to pick sides or stay quiet about something they know violates university policy. That dynam- ic, Ms. Cobb added, doesn\u2019t help keep women in higher education. Originally published on December 6, 2017 22 se xual boundaries for prof essors\b the chronicle of higher education / december 2017 ou have to feel a little sorry these days for professors married to their former students. They used to be respectable citizens \u2014 leaders in their fields, de- partment chairs, may- be even a dean or two \u2014 and now they\u2019re abusers of power avant la lettre suspect you can barely throw a stone on most campuses around the country without hitting a few of these neo-miscreants. Who knows what coercions they deployed back in the day to corral those students into submission; at least that\u2019s the fear evinced by today\u2019s new campus dating poli- cies. And think how their kids must feel friend of mine is the offspring of such a coupling \u2014 does she look at her father a little differently now wonder. It\u2019s been barely a year since the Great Prohibi- tion took effect in my own workplace. Before that, students and professors could date whomever we wanted; the next day we were off-limits to one an- other \u2014 verboten, traife, dangerous (and perhaps, therefore, all the more alluring). Of course, the residues of the wild old days are everywhere. On my campus, several such \u201cmixed\u201d couples leap to mind, including female professors wed to former students. Not to mention the legions who\u2019ve dated a graduate student or two in their day \u2014 plenty of female professors in that category, too \u2014 in fact, I\u2019m one of them. Don\u2019t ask for details. It\u2019s one of those things it now behooves one to be reticent about, lest you be branded a predator. Sexual Paranoia Strikes Academe By december 2017 / the chronicle of higher education\b se xual boundaries for prof essors 23 Forgive my slightly mocking tone suppose I\u2019m out of step with the new realities because came of age in a different time, and under a different ver- sion of feminism, minus the layers of prohibition and sexual terror surrounding the unequal-power dilemmas of today. When was in college, hooking up with profes- sors was more or less part of the curriculum. Ad- mittedly went to an art school, and mine was the lucky generation that came of age in that too-brief interregnum after the sexual revolution and before turned sex into a crime scene replete with perpetrators and victims \u2014 back when sex, even when not so great or when people got their feelings hurt, fell under the category of life experience. It\u2019s not that didn\u2019t make my share of mistakes, or act stupidly and inchoately, but it was embarrassing, not traumatizing. As Jane Gallop recalls in Feminist Accused of Sexual Harassment (1997), her own generation- al cri de coeur, sleeping with professors made her feel cocky, not taken advantage of. She admits to seducing more than one of them as a grad stu- dent \u2014 she wanted to see them naked, she says, as like other men. Lots of smart, ambitious women were doing the same thing, according to her, be- cause it was a way to experience your own power. But somehow power seemed a lot less powerful back then. The gulf between students and faculty wasn\u2019t a shark-filled moat; a misstep wasn\u2019t fatal. We partied together, drank and got high together, slept together. The teachers may have been older and more accomplished, but you didn\u2019t feel they could take advantage of you because of it. How would they? Which isn\u2019t to say that teacher-student relations were guaranteed to turn out well, but then what percentage of romances do? No doubt there were jealousies, sometimes things didn\u2019t go the way you wanted \u2014 which was probably good training for the rest of life. It was also an excellent education in not taking power too seriously, and suspect the less seriously you take it, the more strategies you have for contending with it. It\u2019s the fiction of the all-powerful professor em- bedded in the new campus codes that appalls me. And the kowtowing to the fiction \u2014 kowtowing wrapped in a vaguely feminist air of rectitude. If this is feminism, it\u2019s feminism hijacked by melo- drama. The melodramatic imagination\u2019s obsession with helpless victims and powerful predators is what\u2019s shaping the conversation of the moment, to the detriment of those whose interests are suppos- edly being protected, namely students. The result? Students\u2019 sense of vulnerability is skyrocketing. I\u2019ve done what can to adapt myself to the new paradigm. Around a decade ago, as colleges began instituting new \u201coffensive environment\u201d guidelines appointed myself the task of actually reading my university\u2019s sexual-harassment handbook, which I\u2019d thus far avoided doing was pleased to learn that our guidelines were less prohibitive than those of the more draconian new codes. You were per- mitted to date students; you just weren\u2019t supposed to harass them into it could live with that. However, we were warned in two separate plac- es that inappropriate humor violates university policy. I\u2019d always thought inappropriateness was pretty much the definition of humor believe Freud would agree. Why all this delicacy? Students were being encouraged to regard themselves as such exquisitely sensitive creatures that an errant classroom remark could impede their education, as such hothouse flowers that an unfunny joke was likely to create lasting trauma. Knowing my own propensity for unfunny jokes, and given that telling one could now land you, the unfunny prof, on the carpet or even the national news decided to put my name down for one of the voluntary harassment workshops on my campus, hoping that my good citizenship might be noticed and applauded by the relevant university powers. At the appointed hour, things kicked off with a \u201csexual-harassment pretest.\u201d This was adminis- tered by an earnest mid-50s psychologist I\u2019ll call David, and an earnest young woman with a mas- ter\u2019s in social work I\u2019ll call Beth. The pretest con- sisted of a long list of true-false questions such as: \u201cIf make sexual comments to someone and that person doesn\u2019t ask me to stop, then guess that my behavior is probably welcome espite the painful dumbness of these ques- tions and the fading of afternoon into eve- ning, a roomful of people with advanced degrees seemed grimly determined to shut up and play along, probably aided by a collective wish to be sprung by cocktail hour. That is, until we were handed a printed list of \u201cguidelines.\u201d No. 1 on the list was: \u201cDo not make unwanted sexual advances.\u201d Someone demanded querulously from the back, \u201cBut how do you know they\u2019re unwanted until you try?\u201d (OK, it was me.) David seemed oddly flus- tered by the question and began frantically jan- gling the change in his pants pocket. \u201cDo you really want me to answer that?\u201d he fi- nally responded, trying to make a joke out of it did want him to answer, because it\u2019s something I\u2019d been wondering \u2014 how are you supposed to know in advance? Do people wear their desires embla- zoned on their foreheads? \u2014 but didn\u2019t want to be seen by my colleagues as a troublemaker. There was an awkward pause while David stared me down. Another person piped up helpfully, \u201cWhat about smoldering glances?\u201d Everyone laughed, but David\u2019s coin-jangling was becoming more pronounced theater professor spoke up, guiltily admitting to having compli- mented a student on her hairstyle that very after- noon (one of the \u201cDo Nots\u201d involved not comment- 24 se xual boundaries for prof essors\b the chronicle of higher education / december 2017 \b ing on students\u2019 appearance) but, as a gay male, wondered whether not to have complimented her would have been grounds for offense. He mim- icked the female student, tossing her mane around in a \u201cNotice my hair\u201d manner, and people began shouting suggestions about other dumb pretest scenarios for him to perform, like sexual-harass- ment charades. Rebellion was in the air. The man sitting next to me, an ethnographer who studied street gangs, whispered, \u201cThey\u2019ve lost control of the room.\u201d David was jangling his change so fran- tically that it was hard to keep your eyes off his groin recalled a long-forgotten pop-psychology guide to body language that identified change-jangling as an unconscious masturbation substitute. If the leader of our sexual-harassment workshop was en- gaging in public masturbatory-like behavior, seiz- ing his private pleasure in the midst of the very institutional mechanism designed to clamp such delinquent urges, what hope for the rest of us? Let\u2019s face it: Other people\u2019s sexuality is often just weird and creepy. Sex is leaky and anxiety-rid- den; intelligent people can be oblivious about it. Of course the gulf between desire and knowledge has long been a tragicomic staple. Consider some notable treatments of the student-professor hook- up theme \u2014 J.M. Coetzee\u2019s Disgrace; Francine Prose\u2019s Blue Angel; Jonathan Franzen\u2019s The Cor- rections \u2014 in which learning has an inverse rela- tion to self-knowledge, professors are emblems of sexual stupidity, and such disasters ensue that it\u2019s hard not to read them as cautionary tales about the disastrous effects of intellect on practical in- telligence. The implementers of the new campus codes seemed awfully optimistic about rectifying the condition thought to myself he optimism continues, outpaced only by all the new prohibitions and behavior codes required to sustain it. According to the latest version of our campus policy, \u201cdifferences in insti- tutional power and the inherent risk of coercion are so great\u201d between teachers and students that no romance, dating, or sexual relationships will be permitted, even between students and professors from different departments. (Relations between graduate students and professors aren\u2019t outright banned, but are \u201cproblematic\u201d and must be report- ed if you\u2019re in the same department.) Yale and oth- er places had already instituted similar policies; Harvard jumped on board last month, though it\u2019s a sign of the incoherence surrounding these issues that the second sentence of The New York Times story on Harvard reads: \u201cThe move comes as the Obama administration investigates the handling of accusations of sexual assault at dozens of col- leges, including Harvard.\u201d As everyone knows, the accusations in the news have been about students assaulting other students, not students dating pro- fessors. Of course, the codes themselves also shape the narratives and emotional climate of professor-stu- dent interactions. An undergraduate sued my own university, alleging that a philosophy professor had engaged in \u201cunwelcome and inappropriate sexual advances\u201d and that the university punished him insufficiently for it. The details that emerged in news reports and legal papers were murky and contested, and the suit was eventually thrown out of court. In brief: The two had gone to an art exhibit to- gether \u2014 an outing initiated by the student \u2014 and then to some other exhibits and bars. She says he bought her alcohol and forced her to drink, so much that by the end of the evening she was go- ing in and out of consciousness. He says she drank of her own volition. (She was under legal drink- ing age; he says he thought she was 22.) She says he made various sexual insinuations, and that she wanted him to drive her home (they\u2019d driven in his car); he says she insisted on sleeping over at his place. She says she woke up in his bed with his arms around her, and that he groped her. He denies making advances and says she made ad\u00ad vances, which he deflected. He says they slept on top of the covers, clothed. Neither says they had sex. He says she sent friendly texts in the days af- ter and wanted to meet. She says she attempted suicide two days later, now has PTSD, and has had to take medical leave. The aftermath has been a score of back-and- forth lawsuits. After trying to get a financial set- tlement from the professor, the student filed a Title suit against the university: She wants her tuition reimbursed, compensation for emo- tional distress, and other damages. Because the professor wasn\u2019t terminated, when she runs into him it triggers her PTSD, she says. (The universi- ty claims that it appropriately sanctioned the pro- fessor, denying him a raise and a named chair.) december 2017 / the chronicle of higher education\b se xual boundaries for prof essors 25 The fiction of the all-powerful professor that\u2019s embedded in the new campus codes appalls me. She\u2019s also suing the professor for gender violence. He sued the university for gender discrimination (he says he wasn\u2019t allowed to present evidence dis- proving the student\u2019s allegations) \u2014 this suit was thrown out; so was the student\u2019s lawsuit against the university. The professor sued for defamation various colleagues, administrators, and a former grad student whom, according to his complaint, he had previously dated; a judge dismissed those suits this month. He sued local media outlets for using the word \u201crape\u201d as a synonym for sexual as- sault \u2014 a complaint thrown out by a different judge who said rape was an accurate enough summary of the charges, even though the assault was con- fined to fondling, which the professor denies oc- curred. (This professor isn\u2019t someone know or have met, by the way.) What a mess. And what a slippery slope, from alleged fondler to rapist. But here\u2019s the real problem with these charges: This is melodrama. I\u2019m quite sure that professors can be sleazebags. I\u2019m less sure that any professor can force an un- willing student to drink, especially to the point of passing out. With what power? What sorts of repercussions can there possibly be if the stu- dent refuses? Indeed, these are precisely the sorts of situations already covered by existing sexual-harassment codes, so if students think that professors have such unlimited powers that they can compel some- one to drink or retaliate if she doesn\u2019t, then these students have been very badly educated about the nature and limits of institutional power. In fact, it\u2019s just as likely that a student can de- rail a professor\u2019s career these days as the other way around, which is pretty much what happened in the case of the accused philosophy professor. To a cultural critic, the representation of emo- tion in all these documents plays to the gallery. The student charges that she \u201csuffered and will continue to suffer humiliation, mental and emo- tional anguish, anxiety, and distress.\u201d As read through the complaint, it struck me that the law- suit and our new consensual-relations code share a common set of tropes, and a certain narrative inevitability. In both, students and professors are stock characters in a predetermined story. Accord- ing to the code, students are putty in the hands of all-powerful professors. According to the lawsuit, the student was virtually a rag doll, taken advan- tage of by a skillful predator who scripted a drunk- en evening of galleries and bars, all for the oppor- tunity of some groping. Everywhere on campuses today you find schol- ars whose work elaborates sophisticated models of power and agency. It would be hard to overstate the influence, across disciplines, of Michel Fou- cault, whose signature idea was that power has no permanent address or valence. Yet our work- places themselves are promulgating the crudest version of top-down power imaginable, recasting the professoriate as Snidely Whiplashes twirling our mustaches and students as helpless damsels tied to railroad tracks. Students lack volition and independent desires of their own; professors are would-be coercers with dastardly plans to corrupt the innocent. Even the language these policies come pack- aged in seems designed for maximum stupefac- tion, with students eager to add their voices to the din. Shortly after the new policy went into effect on my campus, we all received a long email from the Title Coordinating Committee. This was in the midst of student protests about the continued employment of the accused philosophy professor: 100 or so students, mouths taped shut (by themselves), had marched on the dean\u2019s of- fice (a planned sit-in of the professor\u2019s class went awry when he pre-emptively canceled it). The committee was responding to a student-govern- ment petition demanding that \u201csurvivors\u201d be in- formed about the outcomes of sexual-harassment investigations. The petition also demanded that the new policies be amended to include possible termination of faculty members who violate its provisions. There was more, but my eye was struck by the word \u201csurvivor,\u201d which was repeated several times. Wouldn\u2019t the proper term be \u201caccuser\u201d? How can someone be referred to as a survivor before a find- ing on the accusation \u2014 assuming we don\u2019t want to predetermine the guilt of the accused, that is. At the risk of sounding like some bow-tied neo- con columnist, this is also a horrifying perversion of the language by people who should know bet- ter. Are you seriously telling me wanted to ask the Title Committee, that the same term now encompasses both someone allegedly groped by a professor and my great-aunt, who lived through the Nazi death camps emailed an inquiry to this effect to the university\u2019s general counsel, one of the email\u2019s signatories, but got no reply. For the record strongly believe that bona fide Let\u2019s face it: Other people\u2019s sexuality is often just weird and creepy. 26 se xual boundaries for prof essors\b the chronicle of higher education / december 2017 \b december 2017 / the chronicle of higher education\b se xual boundaries for prof essors 27 harassers should be chemically castrated, stripped of their property, and hung up by their thumbs in the nearest public square. Let no one think I\u2019m soft on harassment. But also believe that the myths and fantasies about power perpetuated in these new codes are leaving our students disabled when it comes to the ordinary interpersonal tangles and erotic confusions that pretty much everyone has to deal with at some point in life, because that\u2019s sim- ply part of the human condition n the post-Title landscape, sexual panic rules. Slippery slopes abound. Gropers become rapists and accusers become survivors, open- ing the door for another panicky conflation: teach- er-student sex and incest. Recall that it was incest victims who earlier popularized the use of the term \u201csurvivor,\u201d previously reserved for those who\u2019d sur- vived the Holocaust. The migration of the term itself is telling, exposing the core anxiety about teacher-student romances: that there\u2019s a whiff of perversity about such couples, notwithstanding all the venerable married ones. These are anxious times for officialdom, and stu- dents, too, are increasingly afflicted with the con- dition \u2014 after all, anxiety is contagious. Around the time the \u201csurvivor\u201d email arrived, something happened that I\u2019d never experienced in many decades of teaching, which was that two stu- dents \u2014 one male, one female \u2014 in two classes informed me, separately, that they were unable to watch assigned films because they \u201ctriggered\u201d something for them was baffled by the congru- ence until the following week, when the Times ran a story titled \u201cTrauma Warnings Move From the Internet to the Ivory Tower,\u201d and the word \u201ctrigger\u201d was suddenly all over the news didn\u2019t press the two students on the nature of these triggers knew them both pretty well from previous classes, and they\u2019d always seemed well-adjusted enough, so couldn\u2019t help wonder- ing. One of the films dealt with fascism and bigot- ry: The triggeree was a minority student, though not the minority targeted in the film. Still could see what might be upsetting. In the other case, the connection between the student and the film was obscure: no overlapping identity categories, and though there was some sexual content in the film, it wasn\u2019t particularly explicit. We exchanged emails about whether she should sit out the discus- sion, too proposed that she attend and leave if it got uncomfortable was trying to be empathetic, though was also convinced that was impeding her education rather than contributing to it teach in a film program. We\u2019re supposed to be instilling critical skills in our students (at least that\u2019s how see it), even those who aspire to churn out formulaic dreck for Hollywood. Which is how framed it to my student: If she hoped for a career in the industry, getting more critical distance on material she found upsetting would seem advis- able, given the nature of even mainstream media had an image of her in a meeting with a bunch of execs, telling them that she couldn\u2019t watch one of the company\u2019s films because it was a trigger for her. She agreed this could be a problem, and sat in on the discussion with no discernible ill effects ut what do we expect will become of stu- dents, successfully cocooned from uncom- fortable feelings, once they leave the sanc- tuary of academe for the boorish badlands of real life? What becomes of students so committed to their own vulnerability, conditioned to imagine they have no agency, and protected from unequal power arrangements in romantic life can\u2019t help asking, because there\u2019s a distressing little fact about the discomfort of vulnerability, which is that it\u2019s pretty much a daily experience in the world, and every sentient being has to learn how to some- how negotiate the consequences and fallout, or go through life flummoxed at every turn. Here\u2019s a story that brought the point home for me was talking to a woman who\u2019d just pub- lished her first book. She was around 30, a friend of a friend. The book had started at a major trade press, then ended up published by a different press, and was curious why. She alluded to problems with her first editor pressed for details, and out they came in a rush. Her editor had developed a sort of obsession with her, constantly calling, taking her out for fan- cy meals, and eventually confessing his love. Mean- while, he wasn\u2019t reading the chapters she gave him; in fact, he was doing barely any work on the man- uscript at all. She wasn\u2019t really into him, though she admitted that if she\u2019d been more attracted to him, it might have been another story. But for him, it was escalating. He wanted to leave his wife for her! There were kids, too, a bunch of them. Still no feedback on the chapters. Meanwhile he was Skyping her in his under- wear from hotel rooms and complaining about his marriage, and she was letting it go on because she felt that her fate was in his hands. Nothing real- ly happened between them \u2014 well, maybe a bit of fumbling, but she kept him at a distance. The thing was that she didn\u2019t want to rebuff him too blunt- ly because she was worried about the fate of her book \u2014 worried he\u2019d reject the manuscript, she\u2019d have to pay back the advance, and she\u2019d never get it published anywhere else. I\u2019d actually once met this guy \u2014 he\u2019d edited a friend\u2019s book (badly). He was sort of a nebbish, hard to see as threatening. \u201cDid you talk to your agent asked the woman was playing the situ- ation out in my mind, wondering what I\u2019d do. No, she hadn\u2019t talked to her agent, for various reasons, including fears that she\u2019d led the would-be par- amour on and that her book wasn\u2019t any good. Suddenly the editor left for a job at another press, and the publisher called the contract, de- manding a final manuscript, which was overdue and nowhere near finished. In despair, the au- thor finally confessed the situation to our mutual friend, another writer, who employed the back- bone-stiffening phrase \u201csexual harassment\u201d and insisted that the woman get her agent involved. Which she did, and the agent negotiated an exit deal with the publisher by explaining what had taken place. The author was let out of the contract and got to take the book to another press. What struck me most, hearing the story, was how incapacitated this woman had felt, despite her advanced degree and accomplishments. The reason think, was that she imagined she was the only vulnerable one in the situation. But look at the editor: He was married, with a midlevel job in the scandal-averse world of corporate publishing. It simply wasn\u2019t the case that he had all the power in the situation or nothing to lose. He may have been an occluded jerk, but he was also a fairly human-sized one. So that\u2019s an example of a real-world sit- uation, postgraduation. Somehow don\u2019t see the publishing industry instituting codes banning unhappily married editors from going goopy over authors, though even with such a ban, will any set of reg- ulations ever prevent affective misun- derstandings and erotic crossed signals, compounded by power differentials, com- pounded further by subjective levels of vulnerability? The question, then, is what kind of ed- ucation prepares people to deal with the inevitably messy gray areas of life? Person- ally I\u2019d start by promoting a less vulnerable sense of self than the one our new campus codes are peddling. Maybe see it this way because wasn\u2019t educated to think that holders of institutional power were quite so fearsome, nor did the institutions themselves seem so mighty. Of course, they didn\u2019t aspire to reach quite as deeply into our lives back then. What no one\u2019s much saying about the efflorescence of these new policies is the degree to which they expand the power of the insti- tutions themselves. As for those of us employed by them, what power we have is fairly contingent, es- pecially lately. Get real: What\u2019s more powerful \u2014 a professor who crosses the line, or the shaming ca- pabilities of social media or myself don\u2019t much want to date stu- dents these days, but it\u2019s not like don\u2019t un- derstand the appeal. Recently was at a book party, and a much younger man, an assistant pro- fessor, started a conversation. He reminded me that we\u2019d met a decade or so ago, when he was a grad student \u2014 we\u2019d been at some sort of event and sat next to each other. He said he thought we\u2019d been flirting. In fact, he was sure we\u2019d been flirt- ing searched my memory. He wasn\u2019t in it, though didn\u2019t doubt his recollection; I\u2019ve been known to flirt. He couldn\u2019t believe didn\u2019t remember him apologized. He pretended to be miffed pretend- ed to be regretful asked him about his work. He told me about it, in a charming way. Wait a sec- ond thought, was he flirting with me now? As an aging biological female, and all too aware of what that means in our culture was skeptical. On the heels of doubt came a surge of joy: \u201cStill got it,\u201d crowed some perverse inner imp in silent congrat- ulation, jackbooting the reality principle into as- sent. My psyche broke out the champagne, and all of us were in a far better mood for the rest of the evening. Intergenerational desire has always been a di- lemma as well as an occasion for mutual fascina- tion. Whether or not it\u2019s a brilliant move, plenty of professors know, male and female, have hooked up with students, though informal evidence sug- gests that female professors do it less, and rarely with undergraduates. (The gender asymmetries here would require a dozen more articles to expli- cate.) Some of these professors act well, some are jerks, and it would benefit students to learn the identifying marks of the latter breed early on, be- cause postcollegiate life is full of them propose a round of mandatory workshops on this useful topic for all students, beginning immediately. But here\u2019s another way to look at it: the longue dur\u00e9e. Societies keep reformulating the kinds of cautionary stories they tell about intergeneration- The climate of sanctimony about student vulnerability has grown impenetrable. No one dares question it lest you\u2019re labeled antifeminist, or worse, a sex criminal. 28 se xual boundaries for prof essors\b the chronicle of higher education / december 2017 \b december 2017 / the chronicle of higher education\b se xual boundaries for prof essors 29 Originally published on February 27, 2015 al erotics and the catastrophes that result, starting with Oedipus. The details vary; so do the kinds of catastrophes prophesied \u2014 once it was plagues and crop failure, these days it\u2019s psychological trauma. Even over the past half-century, the story keeps getting reconfigured. In the preceding era, the Freudian version reigned: Children universally de- sire their parents, such desires meet up with social prohibitions \u2014 the incest taboo \u2014 and become re- pressed. Neurosis ensues. These days the desire persists, but what\u2019s shifted is the direction of the arrows. Now it\u2019s parents \u2014 or their surrogates, teachers \u2014 who do all the desiring; children are conveniently returned to innocence. So long to childhood sexuality, the most irksome part of the Freudian story. So too with the new campus dating codes, which also excise student desire from the story, extending the presumption of the inno- cent child well into his or her collegiate career. Ex- cept that students aren\u2019t children. Among the problems with treating students like children is that they become increasingly childlike in response. The New York Times Magazine recent- ly reported on the tangled story of a 21-year-old former Stanford undergraduate suing a 29-year- old tech entrepreneur she\u2019d dated for a year. He\u2019d been a mentor in a business class she was enrolled in, though they\u2019d met long before. They traveled together and spent time with each other\u2019s fami- lies. Marriage was discussed. After they broke up, she charged that their consensual relationship had actually been psychological kidnapping, and that she\u2019d been raped every time they\u2019d had sex. She seems to regard herself as a helpless child in a woman\u2019s body. She demanded that Stanford in- vestigate and is bringing a civil suit against the guy \u2014 this despite the fact that her own mother had introduced the couple, approved the relation- ship every step of the way, and been in more or less constant contact with the suitor. No doubt some 21-year-olds are fragile and emo- tionally immature (helicopter parenting probably plays a role), but is this now to be our normative conception of personhood 21-year-old incapable of consent certain brand of radical feminist \u2014 the late Andrea Dworkin, for one \u2014 held that women\u2019s consent was meaningless in the context of patriar- chy, but Dworkin was generally considered an ex- tremist. She\u2019d have been gratified to hear that her convictions had finally gone mainstream, not mere- ly driving campus policy but also shaping the basic social narratives of love and romance in our time t used to be said of many enclaves in aca- deme that they were old-boys clubs and tes- tosterone-fueled, no doubt still true of certain disciplines. Thanks to institutional feminism\u2019s successes, some tides have turned, meaning that menopausal women now occupy more positions of administrative power, edging out at least some of the old boys and bringing a different hormon- al style \u2014 a more delibidinalized one, perhaps \u2014 to bear on policy decisions. And so the pendulum swings, overshooting the middle ground by a hun- dred miles or so. The feminism identified with as a student stressed independence and resilience. In the inter- vening years, the climate of sanctimony about stu- dent vulnerability has grown too thick to penetrate; no one dares question it lest you\u2019re labeled antifem- inist. Or worse, a sex criminal asked someone on our Faculty Senate if there\u2019d been any pushback when the administration presented the new consen- sual-relations policy (though by then it was a fait ac- compli \u2014 the senate\u2019s role was \u201cadvisory don\u2019t quite know how to characterize the will- ingness of my supposed feminist colleagues to hand over the rights of faculty \u2014 women as well as men \u2014 to administrators and attorneys in the name of protection from unwanted sexual advanc- es,\u201d he said suppose the word would be \u2018zeal.\u2019\u201d His own view was that the existing sexual-harass- ment policy already protected students from co- ercion and a hostile environment; the new rules infantilized students and presumed the guilt of professors. When asked if could quote him, he begged for anonymity, fearing vilification from his colleagues. These are things you\u2019re not supposed to say on campuses now. But let\u2019s be frank. To begin with, if colleges and universities around the country were in any way serious about policies to prevent sexual assaults, the path is obvious: Don\u2019t ban teacher-student romance, ban fraternities. And if we want to limit the potential for sexual favorit- ism \u2014 another rationale often proffered for the new policies \u2014 then let\u2019s include the institutionalized sexual favoritism of spousal hiring, with trailing spouses getting ranks and perks based on whom they\u2019re sleeping with rather than CVs alone, and brought in at salaries often dwarfing those of se- nior and more accomplished colleagues who didn\u2019t have the foresight to couple more advantageously. Lastly: The new codes sweeping American cam- puses aren\u2019t just a striking abridgment of everyone\u2019s freedom, they\u2019re also intellectually embarrassing. Sexual paranoia reigns; students are trauma cases waiting to happen. If you wanted to produce a pac- ified, cowering citizenry, this would be the method. And in that sense, we\u2019re all the victims. Laura Kipnis is a professor in the department of radio, television, and film at Northwestern Univer- sity and the author, most recently, of Men: Notes From an Ongoing Investigation (Metropolitan Books). 30 se xual boundaries for prof essors\b the chronicle of higher education / december 2017 \b Dirty Old Men on the Faculty By et me provide a little history. In December 1973, when was a se- nior at the University of Pennsylvania, Esquire magazine published an article by R.V. (Verlin) Cassill, a professor at Brown University, called \u201cUp the Down Coed,\u201d subtitled \u201cNotes on the Eternal Problem of Forni- cation With Students.\u201d It begins with a student \u2014 \u201cthe girl,\u201d as he calls her \u2014 coming to his office and asking his help on interpreting the Rilke poems he has assigned. He reads aloud the line giving her difficulty: \u201cWho, if cried out, would hear me among the angelic orders?\u201d He dismisses her trembling earnestness, her clothes: \u201cdungarees with a patched jacket \u2014 a cos- tume find boring and pretentious,\u201d and assures the reader that the meeting \u201ccan not lead to some- thing the reader might find \u2026 reprehensible.\u201d He goes on to lament his aging and the end of \u201cthe golden era of faculty-student copulation on our campuses,\u201d and adds jocular reminiscences of his escapades with coeds when he was younger. In his view, they were the instigators: \u201cMany girls ma- triculate knowing that if the professorial lamp is properly rubbed, the phallic genie will pop out.\u201d Though not well known now, Cassill was at the time a respected writer and teacher. The author of 24 novels, he was a founder of the Associated Writing Programs and, before his time at Brown University, a faculty member at the Writers Work- shop of the University of Iowa. Shortly after the Esquire piece was published, The Brown Daily december 2017 / the chronicle of higher education\b se xual boundaries for prof essors 31 \b Herald, the student newspaper, ran a story with the headline \u201cVerlin Cassill: Another D.H. Law- rence or Just a Dirty Old Man?\u201d Cassill\u2019s article was outrageous even for its day, and suspect he intended it to be so \u2014 he said in a sarcastic reply that the piece had been written \u201cout of laughter and tenderness\u201d and that he \u201csneered deliberately.\u201d He certainly ended his Esquire essay on a note of droll waggery, referring back to the Rilke quote: \u201cWho \u2014 if she and cried out in unison \u2014 glad- ly \u2014 would hear us among the angelic orders professorial joke. Heh, heh could see the intended humor of the Esquire article, but as a \u201cgirl\u201d myself also felt like the butt of the joke. When visited professors during of- fice hours with questions, did they see me giving \u201cwide-eyed \u2026 signals of consent,\u201d as a \u201csly little wonder\u201d eager for their sexual attention? Did they see my eyes as \u201clittle jeweled orifices, quivering vortices down which the noblest intentions might plunge and be lost had one more semester until graduation; cautioned don\u2019t think went to any more faculty-student conferences. Beyond the Daily Herald article and a letter or two, there weren\u2019t any repercussions for Cassill, who continued to teach at Brown until his retire- ment, as an emeritus professor, in 1983. That was such a long time ago, you might think. In 1993, by which time was teaching in the English department at the University of Virginia, Harper\u2019s magazine published the transcript of a forum titled \u201cNew Rules About Sex on Campus.\u201d An editor at Harper\u2019s, Jack Hitt, led the discussion with four faculty members: John Boswell, a pro- fessor of history at Yale University; Joan Blythe, an associate professor of English at the Universi- ty of Kentucky; William Kerrigan, a professor of English at the University of Massachusetts at Am- herst; and Leon Botstein, president of Bard Col- lege. The topic under consideration: Should cam- puses institute prohibitions against romantic en- tanglements between professors and students? All four academics opposed a ban. The reasons for Kerrigan\u2019s opposition were astonishing. He said that he often dealt with \u201ca kind of student \u2026 working through something that only a professor could help her with. I\u2019m talking about a female student who, for one reason or another has unnat- urally prolonged her virginity.\u201d He made it clear that he had been willing to be that helpful profes- sor: \u201cThere have been times when this virginity has been presented to me as something that \u2026 can handle.\u201d Could there be a creepier perversion of noblesse oblige? To Botstein\u2019s credit, he said. \u201cLet me say this think sexual relations trigger a set of ethical ob- ligations,\u201d to which both Blythe and Kerrigan re- sponded: \u201cEthical obligations?\u201d As if the idea were absurd. At a subsequent meeting at the University of Massachusetts, the Faculty Senate disavowed Ker- rigan\u2019s comments without censuring him. No one at Kentucky seemed bothered by Blythe\u2019s com- ment. That was such a long time ago, you might think. Nearly a quarter-century later, I\u2019m retired hope that those in the academic world who are tempted to make the kind of comments Cassill and Kerrigan found acceptable would think twice in this era of social media, when an intemperate remark can bring out the online pitchforks. But the recent accusations of sexual harassment against faculty members at Berklee College of Mu- sic and the University of California at Berkeley, at the University of Virginia, Columbia University, and Dartmouth College, suggest that while faculty mem- bers may now be more circumspect about what they say, they remain less so about what they do. Unfortunately, none of this happened a long time ago. I\u2019ve often wondered if there are more sexu- al predators in academia than in other environ- ments. Where else is there an unending proces- sion \u2014 renewed annually \u2014 of enticingly attractive young men and women, often unsure of them- selves and eager to be in your good graces? It\u2019s a setup ripe with possibilities for manipulation, if one is so inclined. Rather like \u201cshooting fish in a barrel,\u201d as Cassill said, and all too easy. Some argue that what professors say to students in and out of classrooms is an issue of free speech \u2014 oh, campuses are full of sensitive snowflakes who can\u2019t take a joke or compliment. But, accord- ing to a study forthcoming in the Utah Law Re- view, the majority of harassment charges that the researchers investigated included not only verbal abuse but also unwelcome physical contact. That\u2019s when harassment crosses the line to assault. I\u2019d like to think we\u2019ve finally reached a tipping point in awareness, that the surge in accusations of harassment signals that the attitudes and be- havior that Cassill and Kerrigan endorsed will now get the condemnation they deserve. But it\u2019s not enough that predators realize they need to watch their words. They also need to consider their deeds \u2014 or be hit with more than a slap on the wrist certainly hope that\u2019s what the future holds. I\u2019d hate to think students must wait another 45 years to see real change. Sheila McMillen is a writer and editor. (Her sister, Liz McMillen, is editor of The Chronicle.) Originally published on December 6, 2017 of Higher Education \u00ae 1255 Twenty-Third Street, N.W. Washington, D.C. 20037 202 466 1000 | Chronicle.com \u00a92017 by The Chronicle of Higher Education Inc. All rights reserved.", "7231_103.pdf": "Berklee College let teachers quietly leave after alleged sexual abuse of students. At least one found another teaching job By Kay Lazar, The Boston Globe November 8, 2017 8 minutes to read Berklee College of Music in Boston. Paul Marotta/Getty Images 2/21/25, 7:16 Berklee College let teachers quietly leave after alleged sexual abuse of students. At least one found another teaching job 1/9 She woke up naked and unnerved. Her professor, her mentor at Berklee College of Music, was groping her as she tried to push him away while fighting off waves of nausea. Jeff Galindo, a popular jazz musician and instructor at the school, had walked her home from a party the night before to make sure she arrived safely because she was so drunk. All she wanted was to banish memories of that nightmarish experience in the spring of 2012. But weeks later Galindo, who had been on tour much of the time since that night, begged forgiveness from his student in a series of bizarre texts. ADVERTISEMENT: \u201cI\u2019m truly sorry for hurting you promise will never again,\u2019\u2019 Galindo said in texts shared with the Globe by the woman, then a junior and one of the few female students in her department. \u201cBy the way, just to let you know, we never [had intercourse],\u2019\u2019 said another text in the mea culpa never got it up was too drunk. It doesn\u2019t excuse anything, but thought I\u2019d let you know what a loser am Globe investigation has uncovered a culture of blatant sexual harassment at Berklee with at least three male professors, including Galindo, allowed to quietly leave since 2008, after students reported being assaulted, groped, or pressured into sex with their teachers, according to court documents and interviews with more than a dozen people. Administrators at the renowned music school tolerated lecherous behavior, former Berklee students and employees said, and often silenced the accusers through financial settlements with gag orders attached. ADVERTISEMENT: Berklee administrators defended the school\u2019s track record, saying in a statement that Berklee has rigorous policies and procedures to deal with claims of sexual harassment. \u201cAlthough we do not discuss specific matters publicly out of respect for all involved and limitations on what we are legally permitted to share, we take matters that impede the learning or working environment of our students, faculty, and staff seriously and act promptly to address them,\u2019\u2019 the school said. 2/21/25, 7:16 Berklee College let teachers quietly leave after alleged sexual abuse of students. At least one found another teaching job 2/9 The allegations against the Berklee professors come at a time of heightened attention to sexual harassment following revelations about Hollywood producer Harvey Weinstein, who faces accusations of groping, raping, and harassing women for decades. Since the scandal became public last month, women have felt empowered to speak up about alleged abuse, especially when they believe their abusers remain free to victimize others. The woman who reported being assaulted by Galindo said that when she initially spoke with Berklee administrators in 2012, they discouraged her from pressing forward with a court case because, she said, they assured her Galindo would never work at another school. Yet Galindo went on to teach at the New England Conservatory in Boston. The woman, who asked to remain anonymous because she fears professional reprisals, was horrified to discover in 2016 that Galindo was teaching again and notified the conservatory. His contract there was not renewed, according to the school. But he continued working at the Longy School of Music of Bard College in Cambridge until last week, when the woman found out he was employed there, contacted administrators, and the school severed ties with him. Galindo had worked there since 2009. ADVERTISEMENT: \u201cIf didn\u2019t report him [to other schools], it would be on me if he did this again,\u2019\u2019 the woman said. Still, Galindo has continued teaching. He is listed as a part-time faculty member at the Rivers School, a college prep school in Weston. Christine Martin, a Rivers spokeswoman, said Tuesday that Galindo has been affiliated with the school since 2015, and that he arrived with positive references. She was unable to say who had provided those references. Berklee, in a statement, said one institution requested a reference regarding Galindo and \u201cwe provided the termination letter which included an explicit statement that explained the reasons for his departure from the college Berklee spokesman declined to say when that correspondence happened or which institution requested the information. 2/21/25, 7:16 Berklee College let teachers quietly leave after alleged sexual abuse of students. At least one found another teaching job 3/9 Galindo did not return calls and text messages from the Globe seeking comment. But another former Berklee professor accused of sexual misconduct, prominent jazz saxophonist Greg Osby, did speak with the Globe woman accused Osby in 2012 of pressuring her to have sex while she was a student at Berklee. The woman, who also asked to remain anonymous, had graduated several years earlier and established a successful music career, but later reported him to Berklee administrators after growing concerned he might still be preying on students could not bear the feeling that had a responsibility to do something about this,\u2019\u2019 said the woman about her decision to finally contact Berklee. Osby, in an hourlong interview with the Globe, disputed the woman\u2019s claims. He also said that he received a severance package from Berklee that included a gag order. \u201cOnly an idiot would sleep with students, and am not an idiot,\u2019\u2019 Osby said would not do that. But after they graduate, it\u2019s open season.\u2019\u2019 Osby said Berklee did not give him a chance to defend himself against the claims, but he decided not to contest the charges because he was burned out teaching there. \u201cBottom line is, and this is a bit harsh, if anyone saw my girlfriend at that time and saw [his Berklee accuser] that would probably end the argument,\u2019\u2019 Osby said. \u201cWhy would jeopardize my career for somebody like that?\u2019\u2019 The statement issued by Berklee said the school is committed to a \u201cfair and thorough process for both complainant and respondent,\u2019\u2019 and that not every case leads to a finding. \u201cAs evidenced by our past practices, where an investigation reveals a serious violation of our sexual misconduct policy, we act swiftly and decisively to remove the individuals from our community,\u2019\u2019 Berklee said. Yet a case filed earlier this year with the Massachusetts Commission Against Discrimination, or MCAD, raises questions about Berklee\u2019s commitment to address the 2/21/25, 7:16 Berklee College let teachers quietly leave after alleged sexual abuse of students. At least one found another teaching job 4/9 issue 2012 Berklee grad who was hired to run the school\u2019s audio production lab, accused a male co-worker of predatory behavior, according to a complaint she filed with in January. She described unwanted sexual advances by her co-worker toward female students in the lab in mid-2015 and then retaliation against her \u2014 leaving condoms in the lab and suggesting sexual liaisons \u2014 when she reported his behavior to their boss. But Berklee administrators waited weeks to act, and then failed to monitor the co- worker, who repeatedly violated an order they issued for him to stay away from her, the complaint states. ADVERTISEMENT: The woman also accused Berklee of brushing off her concerns about inappropriate sexual behavior by a professor in the school\u2019s music production department last year. She \u201ccontinued to observe and experience a pattern, practice, and pervasive culture of tolerance of sexual harassment at Berklee,\u2019\u2019 according to the complaint. Berklee settled the case in April, and that settlement is sealed, too. The woman, and her attorney, North Reading lawyer John W. Davis, declined to comment. The former student who accused Galindo of assaulting her when she was too drunk to fend him off said she worked up the nerve to report him to Berklee administrators about six months later. He was let go shortly after. There was no notice to students, no apology to the woman, and no financial settlement. The woman, who was receiving a partial scholarship, said she was afraid even to apply for additional financial aid from Berklee after she reported the assault because Galindo accused her of concocting the story to gain more scholarship money wanted to be believed so bad,\u2019 the woman said thought if ever said anything about money, no one would ever believe me.\u2019\u2019 Instead, she sought and received private therapy, paid for by Berklee, to help her deal with the trauma. She showed the Globe e-mails from Angela F. F. Davis, then Berklee\u2019s associate dean of students, authorizing these payments. 2/21/25, 7:16 Berklee College let teachers quietly leave after alleged sexual abuse of students. At least one found another teaching job 5/9 One of her former professors, Tom Plsek, now chair emeritus of the brass department at Berklee, also confirms the woman\u2019s story. ADVERTISEMENT: \u201cShe confided first in a female faculty member . . . and then found out about it from that female faculty member,\u2019\u2019 Plsek said. Galindo \u201cwas made to take his things and go don\u2019t know the exact process, but he was gone [from Berklee] in a few days.\u2019\u2019 Plsek retired as department chair in 2013 but still teaches a few courses. His wife, Stephany Tiernan, a professor and chair emerita of the school\u2019s piano department, has also borne witness to sexual harassment allegations. In one case, a freshman alleged her keyboarding professor, Aruan Ortiz, decided she needed more help with her technique and phoned her late one evening in February 2008, asking to come over to her apartment and offer instructions. The woman had a friend staying with her and \u201ctherefore felt safe, and otherwise did not wish to refuse assistance from an instructor,\u2019\u2019 so she agreed, according to a 2009 lawsuit filed in District Court in Boston. But that instruction quickly turned sour, as soon as the woman\u2019s friend left the room, the suit states, with Ortiz licking the woman, grabbing her, and repeatedly attempting to kiss her. The woman freed herself and ran to her friend in the bathroom. Ortiz then acted as if nothing happened but repeated the behavior as the woman walked him to the door and asked him to leave, according to the lawsuit. She went home to Ohio to tell her parents, but came back a week later only to find a voice message from Ortiz asking her if she was free that evening. That\u2019s when the woman reported his behavior to Berklee administrators. They waited two weeks to start investigating \u2014 and only after two of the woman\u2019s instructors urged them to act, according to the lawsuit. It took another two months for Berklee to hold a meeting with Ortiz and the student to review the allegations. Tiernan, who attended that meeting, according to the lawsuit, declined to comment for this story. 2/21/25, 7:16 Berklee College let teachers quietly leave after alleged sexual abuse of students. At least one found another teaching job 6/9 ADVERTISEMENT: In that meeting, Ortiz admitted to grabbing the woman\u2019s face, attempting to kiss her, and blowing in her ear. He claimed \u201cit was simply part of his [Cuban] culture,\u2019\u2019 according to the lawsuit. It would take Berklee another two weeks \u2014 after classes had ended for the semester \u2014 to inform the woman Ortiz would no longer be teaching at Berklee. The lawsuit, which alleged civil rights violations, and assault and battery, was settled in 2010. The woman, citing a gag order on the settlement, declined to comment. So did her Boston attorney, Paul F. Wood. But Woburn attorney David Fried, who initially represented Ortiz in the case, said in a statement to the Globe that a \u201csingle clumsy attempt at a kiss, although certainly improper from a teacher to student, was not \u2018sexual harassment\u2019 within the meaning of any relevant statute.\u2019\u2019 Fried said that Ortiz hired him because Berklee\u2019s insurance company initially declined to represent him. \u201cEventually they stepped up to the plate, probably because they wanted to settle the whole thing, and withdrew in their favor,\u2019\u2019 Fried said. The case was then settled, with terms confidential. The woman who reported Galindo\u2019s alleged assault to Berklee said it took her several years to come to terms with what happened. She is now in her late 20s and a full-time musician came to a point where could let this ruin my career or just move on,\u2019\u2019 she said. But there is one constant reminder of that dark experience \u2014 her school loans for tuition at Berklee. ADVERTISEMENT: 2/21/25, 7:16 Berklee College let teachers quietly leave after alleged sexual abuse of students. At least one found another teaching job 7/9 got [screwed] in every way and will be paying Berklee for the next seven years,\u2019\u2019 she said, but Galindo was allowed to walk away. Most Popular In Related News Karen Read case: Judge sheds more light on \u2018grave concern\u2019 1 Police search for man who turned a Beverly bar into his \u2018personal bathroom\u2019 2 Ahead of 6 shows in Boston, Ni can't quite believe it 3 Mass. Teachers Association removes alleged antisemitic materials that sparked backlash 2/21/25, 7:16 Berklee College let teachers quietly leave after alleged sexual abuse of students. At least one found another teaching job 8/9 \u00a92025 Newton man charged with \u2018abusive sexual contact\u2019 with minor on flight to Boston Boston judge blocks transfer of trans woman to men's prison Tell Us What You Think 2/21/25, 7:16 Berklee College let teachers quietly leave after alleged sexual abuse of students. At least one found another teaching job 9/9", "7231_104.pdf": "( How Much Artists Make Per Stream on Spotify, Apple Music, Amazon, YouTube, Pandora, More ( Home ( Pop Culture ( Scandals ( 11 Berklee Professors Committed Sexual Assault \u2014 And Were Quietly Dismissed Daniel Sanchez ( November 14, 2017 4 ( ( While former Berklee College students/victims struggle to pay off student loans, their perpetrators apparently have comfy new jobs at other schools. You may recognize some of the following names. Quincy Jones. Meghan Trainor. Joey Kramer. Steven Tyler. However, you may not recognize the following names so easily. \uf0c9 \uf178 \uf007 \uf002 \uf105 \uf105 \uf007 \uf017 \uf0e5 Privacy - Terms Jeff Galindo. Greg Osby. Aruan Ortiz. What\u2019s the difference? In the first list, you\u2019ll find distinguished Berklee College of Music alumni. In the second, you\u2019ll find disgraced pro- fessors who allegedly sexually assaulted their students and walked away scot-free. Promising transparency once the damage has been done. At a crowded, campus-wide forum, Berklee College of Music President Roger Brown admitted that the illustrious school has let go of 11 faculty members in the past thirteen years \u201cfor sexual misconduct ( music-president-hold-meeting-monday-sex-harassment-campus/wXBMrQVkSz968DA3OixqMP/story.html? p1=Article_Recommended_ReadMore_Pos2).\u201d At Berklee College\u2019s renowned concert hall, Brown apologized for the slow response to sexual assault claims. He also vowed that the school would have a \u201cfaster and more transparent system for dealing with sexual misconduct.\u201d \u201cTo everyone who has been harassed or abused at Berklee am so sorry.\u201d Brown has led the school since 2004 apologize for this institution. It\u2019s unacceptable. It breaks my heart. It goes against everything that makes me want to be here in the first place.\u201d According to Brown, some students at the school, and even faculty members, don\u2019t believe sexual harassment is a \u201creal issue.\u201d He told students at the packed, 1,250-seat Berklee Performance Center, \u201cWe need to change that attitude.\u201d Hiding sexual misconduct. The stunning admission came after the Boston Globe published a damning investigative report ( one-found-another-teaching-job/yfCkCCmdJzxkiEgrQK4cWM/story.html) last week. According to the Globe, administrators actively \u201ctolerated lecherous behavior\u201d for years. To protect the school\u2019s famed reputation, school officials \u201coften silenced the accusers through financial settlements.\u201d Victims would have to sign confidentiality agreements to re- ceive a settlement spokesman for the school declined the name the eleven faculty members terminated. One of them, Jeff Galindo, was a popular jazz musician and professor. He had assaulted a former student after walking her home from a party. He allegedly wanted to make sure that the unnamed student \u201carrived safely because she was so drunk.\u201d Then, after waking up, Galindo reportedly groped her while she fought off \u201cwaves of nausea.\u201d Following the harrowing ordeal, he would later apologetically admit to his student via multiple text messages, \u201cI\u2019m truly sorry for hurting you promise will never again\u2026 By the way, just to let you know, we never [had intercourse never got it up was too drunk. It doesn\u2019t excuse anything, but thought I\u2019d let you know what a loser am.\u201d Administrators at Berklee College pressured the student not to move forward with a court case after reporting the assault. They had vowed that Galindo \u201cwould never work at another school.\u201d Yet, the accuser later found out that Galindo would teach at the New England Conservatory. After notifying the school of the sexual as- sault, he worked at the Longy School of Music of Bard College. Speaking with the Globe, the unnamed woman explained her motivation for notifying other schools. \u201cIf didn\u2019t report him [to other schools], it would be on me if he did this again.\u201d Galindo didn\u2019t provide a statement. Unlike with other accusers, Berklee College didn\u2019t provide the former student with a financial settle- ment. Administrators had also failed to provide an apology, both to her and the school. Gag ordering the alleged perpetrators. Another professor at Berklee College, Greg Osby, spoke with the Boston Globe former student had accused the popular jazz saxo- phonist of sexual assault back in 2012. In an hourlong interview with the Globe, Osby disputed the woman\u2019s claims. \u201cOnly an idiot would sleep with students, and am not an idiot would not do that. But after they grad- uate, it\u2019s open season.\u201d He wouldn\u2019t fight the charges, however, as he admitted to being \u201cburned out teaching there.\u201d \u201cBottom line is, and this is a bit harsh, if anyone saw my girlfriend at that time and saw [the accuser] that would probably end the argument. Why would jeopardize my career for somebody like that?\u201d According to Osby, Berklee College provided him with a \u201cseverance package\u2026that included a gag order cultural gesture or sexual misconduct? In a statement to the Globe, Berklee College said that they act quickly on sexual assault claims. \u201cAs evidenced by our past practices, where an investigation reveals a serious violation of our sexual mis- conduct policy, we act swiftly and decisively to remove the individuals from our community.\u201d Another accuser\u2019s claims would contradict the school\u2019s statement. In 2008, keyboarding professor Aruan Ortiz allegedly offered a freshman to \u201chelp with her technique.\u201d He allegedly phoned the student late one evening, \u201casking to come over to her apartment and offer instruction.\u201d Once the instruction started, however, Ortiz reportedly licked the woman, grabbed her, and attempted to kiss her. He would continue the behavior \u201cas the woman walked him to the door and asked him to leave week later, Ortiz left the student a voicemail, asking her \u201cif she was free that evening.\u201d The woman quickly reported the behavior to Berklee College administrators. Yet, the school only held a meeting with the professor two months later. According to the woman, however, an unrepentant Ortiz would repeat his lewd behavior at the meeting. He allegedly grabbed her face, tried to kiss her, and blew in her ear. In a lawsuit filed against him, Ortiz would claim that the gesture \u201cwas simply part of his [Cuban] culture.\u201d Two weeks after the meeting, administrators told the woman that he \u201cwould no longer be teaching at Berklee.\u201d Ortiz, at the behest of Berklee College\u2019s insurance company, would later settle the lawsuit on confidential terms. The woman had cited a gag order on the settlement. Paying for tuition while offenders walk away without punishment. For Galindo\u2019s victim, several years would pass before she finally \u201ccame to terms\u201d with what happened. Now in her late 20s, the former student now works as a full-time musician. Speaking with the Globe about her painful experience, she said came to a point where could let this ruin my career or just move on\u2026 [However got [screwed] in every way and will be paying Berklee for the next seven years.\u201d Featured image by Rob Simmonds by 2.0 ( $6 (HTTPS://WWW.DIGITALMUSICNEWS.COM/PRO/SPOTIFY- MUSIC-PRO-HARD-LOOK-WEEKLY/) Paul Resnikoff ( February 19, 2025 \uf007 \uf017 ( ARM? (HTTPS://WWW.DIGITALMUSICNEWS.COM/PRO/UMG-WMG-SPOTIFY-SONY-LEVERAGE-NEXT/) Paul Resnikoff ( February 12, 2025 \uf007 \uf017 ( (HTTPS://WWW.DIGITALMUSICNEWS.COM/2025/01/12/MANDY-MOORE-SHARING-A-GOFUNDME-SPARKS- BACKLASH/) Ashley King ( January 12, 2025 \uf007 \uf017 4 ( dhenn November 15, 2017 ( Disgusting. Particularly this Osby clown. That\u2019s exactly the kind of thing someone who commit an assault would say and he con- tinues to further assault her to this day by trying to dehumanize her with his despicable description. What a pig. Vail November 15, 2017 ( Not really. He\u2019s just being honest. He says he didn\u2019t do it, and said she\u2019s ugly to him and that his actual girlfriend was better look- ing, and that he\u2019d never be so stupid as to cross the line with a student. Really simple. pro victim December 3, 2017 ( (HTTPS://WWW.DIGITALMUSICNEWS.COM/2025/01/09/DIDDY-ACCUSERS-ID-DOCUSERIES/) Ashley King ( January 9, 2025 Your email address Sign up Vail, CO, what a despicable asshole you are. he\u2019s guilty. a March 6, 2018 ( What makes him a \u201cdespicable asshole\u201d? He\u2019s neutrally relating a statement which somebody else made. And in this statement, someone (Osby) provides 2 perfectly cogent arguments against the career-ruining allegations made against him. And he was fired anyway. Who\u2019s to say he\u2019s not the \u201cvictim\u201d for you to be \u201cpro\u201d? You don\u2019t know the truth of that situation any better than anyone else \u2014 unless you have some inside information which you care to share? Believing every accusation of sexual assault without proof will end up costing more in public good than it gains in justice don\u2019t want to live in a world where any man can be de- stroyed by any woman with just a word. Whatever sins the patriarchy may have committed, that\u2019s a worse world than the one we live in and wouldn\u2019t trust any human \u2013 man or woman \u2013 with that sort of unlimited power. Put yourself in everybody\u2019s shoes. Terms of Use (/terms-of-use/) | Privacy policy (/privacy-policy/) | Privacy settings () Digital Music News \u00a92025. All Rights Reserved Categories ( Pro ( Events ( Sync News ( Jobs Listings ( ( About Us (", "7231_105.pdf": "Home ePortfolios Directory Login Kyle Bejnerowicz site map Research Papers Hello viewer of my portfolio! Below you will find a research paper of mine that focuses on the issue of sexual misconduct at music schools. There is a short video of me informally talking through a presentation of the paper to help orient you on the subject. Please feel free to comment or reach out to me with any questions or suggestions. The Lines Are Blurred: Sexual Misconduct at Music Schools Kyle Bejnerowicz Northeastern University EDU: 6204 Fall 2018 Signature Assignment Abstract: This paper will start a discussion that has been almost absent from current research; in fact, the state of the research involving the subject matter of this paper is only in recent history becoming a topic of discussion. This paper will focus mainly on Title IX, specifically sexual misconduct, at music institutions. Music schools are intimate learning communities where teachers and students spend long periods of time together Home Research Papers Music-In-Education Case Study: Being a Good President: For Dummies Case Study: Student Learning: Faculty are the Boots on the Ground Sexual Misconduct at Music Schools 2/21/25, 7:16 Digication ePortfolio :: Kyle Bejnerowicz :: Sexual Misconduct at Music Schools 1/6 in secluded environments alone with one another. In recent news, world famous and renowned institutions such as the Eastman School of Music and the Berklee College of Music have been exposed for a lacking effort in providing safe and comfortable spaces for their students to learn. This essay will discuss the blurred line between what is considered common practice between a teacher and a student and how that starting point can easily be taken advantage of. This essay will discuss examples where the institutions where not vigilante, and in the end, it will propose new ways colleges can protect their students and foster a healthy and safe environment. The Lines Are Blurred: Sexual Misconduct at Music Schools The issue: Sexual Misconduct at Music Schools music school very well may be the most intimate learning environment when comparing all the different fields of study. Teachers will meet weekly with their students as the teacher uses centuries old teaching techniques to help craft the student\u2019s playing. The teacher, alone with the student behind a locked and window-covered door, is entrusted by the student and the institution to be someone safe and comforting. Another layer of complexity to this situation is the fact that these centuries old teaching techniques often involve physical contact between a student and the teacher. Robert Freeman was the Director of the Eastman School of Music (University of Rochester) from 1972-1996; among being a well-known musician, he is also well acclaimed for his book, \u201cThe Crisis of Classical Music in America.\u201d Freeman (2014) writes that \u201cthe methodology of teaching musical performance on some instruments may necessarily involve touching that can easily be perceived as inappropriate.\u201d Freeman continues to provide an example where one of the best and well-known violin teachers in the world, Zachar Bron, said, (as sighted in Freeman, 2014) \u201c\u2026it would be prudent for me to ask, before the demonstration, whether my student felt in the least uncomfortable about touching of the kind\u2026\u201d The aspect of physical contact between a teacher and student is inescapably a necessary side feature of musical pedagogy. The United Kingdom Department for Education\u2019s guidelines even state, \u201cSchools should not have a \u2018no touch\u2019 policy. It is often necessary or desirable for a teacher to touch a child (eg. \u2026teaching music instruments).\u201d (School discipline: new guidance for teachers, 2018.) The European Piano Teachers Association blurs the lines even further in a published public statement about this matter saying, \u201cAny physical contact with pupils can be potentially subject to misinterpretation or even malicious allegations. The best advice is to avoid touching your pupils and to develop strategies for teaching through demonstration and modeling.\u201d (As cited by Jackson, 2017) The line between what is acceptable and not has yet to develop fully in this new era of musical pedagogy. Returning to the previously mentioned violin-teacher, Zachar Bron, we can see that music teachers know that obtaining consent from a student is \u201cprudent.\u201d The main concerns, however, are the differences in power and social dynamics between the teacher and the student. In the example of Zachar Bron: yes the world-famous violinist is asking for consent, but due to Bron\u2019s status in the classical music industry, a student is less likely to stick up for their comfort level music teacher of a high profile and reputation will have the ability to make or break a student\u2019s career. Student\u2019s who put up with abuse may be more likely to succeed, those who stand up for themselves might be stopped in their tracks. The purpose of this essay is to open up a discussion about the blurred lines between what should be acceptable in a 1-on-1 musical teaching lesson, to discuss the power a teacher holds over their students, to investigate what happens when institutions are not vigilant, and finally propose a new way of moving forward and suggest ways institutions might better protect their students. Legal Example: In the case of Dr. Joseph Irrera (former student of Eastman School of Music, candidate for Doctor of Musical Arts) vs. chair of the Eastman piano department, 2/21/25, 7:16 Digication ePortfolio :: Kyle Bejnerowicz :: Sexual Misconduct at Music Schools 2/6 Douglas Humpherys (individually) and the University of Rochester, we can see the power a teacher has over their students and how it affected this specific student\u2019s career. (See Irrera vs. Humpherys and University of Rochester, 2nd Cir. 2017) Irrera was a piano student of department chair Humpherys\u2019 at Eastman. Irrera\u2019s complaint stated that Humphreys \u201cmade an unwanted sexual advance toward Irrera by caressing \u2026and rubbing his hands for approximately four minutes during a piano lesson. In the same lesson, Humpherys \u201cleaned his crotch into Irrera\u2019s back.\u201d The report of the case writes that Irrera rejected any sexual advances from his teacher Humphreys. As a requirement for obtaining his Doctorate of Musical Arts, Irrera was required to play a recital on the piano and for this recital, from his teacher he received a failing grade. (Recitals at most music schools are graded on a pass-fail basis.) The subjective nature of music only made things harder for Irrera because although he played perfectly fine to pass his recital hearings, Humpherys ultimately choose to fail him. It is undeniable that Humpherys was retaliating and using his musical stature above Irrera because in a recorded conversation between the two gentlemen, Humphreys told Irrera that he \u201cwould never get a university professor job\u201d and then continued to mentioned that he [Humpherys] would \u201cmake his [Irrera] life a living hell\u201d if any reports were filed against him. The level of retaliation still continued as after Irrera switched teachers, and finally completed his degree at Eastman, Irrera did not receive a single invitation for a job interview at any of the twenty-eight institutions to which Irrera applied for open teaching positions. The case, which is still being dealt within the courts, is Irrera suing Humphreys and the University of Rochester for retaliation. Had Irrera decided not to speak up about this matter, Humphreys would have succeeded in ruining Irrera\u2019s career. It is also alleged that the school\u2019s Dean Marie Rolf along with other administrators met with Irrera, upon his request, to discuss the situation. Apparently Irrera was told that the administration\u2019s \u201chands were tied.\u201d Under the rulings of Title IX, \u201can institution will be liable if the plaintiff \u2018establish[es] that a school official with authority to address the alleged [harassment] and to institute corrective measures had actual knowledge of the discrimination and failed to adequately respond.\u2019\u201d (See Irrera vs. Humpherys and University of Rochester, 2nd Cir. 2017) The final outcome of the trials has yet to be determined. Institutional Study: Today\u2019s Stage, eleven profs. in thirteen years One would assume that Irrera has set a standard and that would cause music institutions to keep a set of eyes and ears a bit closer to their professors, for the students sake; but also for their own fear of lawsuit. One of the major problems with this epidemic of sexual misconduct is that the law is not being enacted. Students are coming forward, teachers are being \u201cslapped on the wrist\u201d and the music keeps on playing. Probably one of the worst examples of this very thing has taken place at Boston\u2019s Berklee School of Music. Berklee is a music school that in the 2017-2018 academic year enrolled 6,262 students representing over 95 countries. Berklee boasts an average student-to-faculty ratio of 5- 1, and be it a music school, 1-on-1 lessons are a regular. Berklee has about 525 faculty members. Of the faculty, about 60% are male and about 65% are white. In terms of gender diversity, Berklee falls well below the national average. See chart provided by College Factual: (statistics and graph retrieved from: \u201cHow Diverse is Berklee College of Music?\u201d 2018.) 2/21/25, 7:16 Digication ePortfolio :: Kyle Bejnerowicz :: Sexual Misconduct at Music Schools 3/6 This demographic information will help orient an investigation on how the Berklee College of Music failed its students for thirteen years straight\u2014 with the dismissal of eleven professors, all for sexual misconduct to students, over the years. It is obvious that the matters were not being handled with the upmost care and respect for the students. An article in the Boston Globe comments on the lack of gender diversity on Berklee\u2019s campus proposing that perhaps the primarily male student and faculty body could have \u201ccontributed to a sexually abusive culture on campus.\u201d (Lazar, 13 November 2017) With Berklee\u2019s reputation held above the safety of their students, it as been reported that administrators were tolerating \u201clecherous behavior\u2026and often silenced the accusers through financial settlements with confidentiality agreements attached.\u201d (Lazar, 13 November 2017) The Boston Globe is a news agency which has been known to uncover and expose institutions who are suspect to these sorts of action, \u201cor lack there of\u201d, as Lazar writes. The whole 11 in 13 movement all started with another article Lazar published on 8 November, a week prior to the previous mentioned. This article tracks the story Jeff Galindo, a well-known Jazz musician and former teacher at Berklee. Galindo raped a female student, whose name is kept confidential \u201cbecause she fears professional reprisals.\u201d (Lazar, 8 November 2017) The professor went on to teach at another music school less than a mile down the street, the New England Conservatory of Music, after \u201cquietly being let go\u201d by Berklee College. The victim then reported those actions to New England Conservatory and Galindo\u2019s contract was not renewed. If it wasn\u2019t for the victims vigilance in alerting the new school of Galindo\u2019s wrongdoing at Berklee, there very well could have been another victim on the way too. Institutions should not be allowed to simply cast away a professor off their campus and then lose liability. For example, as previously mentioned, if colleges under Title policy \u201cwill be liable if the plaintiff \u2018establish[es] that a school official with authority to address the alleged [harassment] and to institute corrective measures had actual knowledge of the discrimination and failed to adequately respond,\u2019\u201d (See Irrera vs. Humpherys and University of Rochester, 2nd Cir. 2017) than this liability should extend beyond the campus walls. 2/21/25, 7:16 Digication ePortfolio :: Kyle Bejnerowicz :: Sexual Misconduct at Music Schools 4/6 Furthermore, hypothetically, if a former professor raped a student at institution A; and institution quietly allows the perpetrator\u2019s resignation and speaks nothing of the incident to any other institution, then this former professor gets a job at institution B\u2014 and rapes another victim. Institution should be responsible because they could have prevented that. Letting a professor \u201cquietly go\u201d is not an adequate response. Conclusion: What needs to change? There needs to be clear guidelines that are uniform among all institutions. These guidelines need to be a corroboration amongst music and human rights professionals to seek out what sort of teacher-student relationships are safe and effective for student growth and what is unhealthy and destructive to the learning environment. You do not need to be a victim of sexual assault to feel unsafe on a campus which is littered with injustice. Right now, the lines are blurred and institutions like Berklee in the past blurred the lines even further to protect their reputation. Students are afraid to speak up out of fear they will be punished for being a victim. In an effort to draw clearer lines, there needs to be legal action at a federal level to hold institutions more accountable for not protecting their students. As seen in the famous standard setting Mullins v. Pine Manor College (389 Mass. 47, 449 N.E.2d 331), leaving the campus gates unlocked, not putting proper locks on the doors, and sporadic staffing of the security desks led to rape and a negligent institution. Then sending students into a room behind a closed and locked door to study something as personal as music with a teacher who is not safe\u2014 that is negligence too. Schools should not be legally allowed to withhold information regarding the safety of America\u2019s student body from other institutions. College\u2019s need to work together. The issue is that music schools are not willing to talk about sexual misconduct. As mentioned in the case of Irrera vs. Humphreys, the Eastman School felt that the matters where out of their hands. With Berklee, the institution saw protecting their own reputation along with the teachers to be more important than that of the student. In the end, students will go in to their music lessons and be touched by their teachers\u2014 that has been happening for centuries and it will never change, nor should it. But colleges need to open up discussion, they need to work together knowing that a student\u2019s safety on another campus is just as important than theirs. If colleges wish to protect their reputation, then bringing justice and safety to their campus is the way to do so. References: Freeman, R. (2014). The crisis of classical music in America (pp. 96-98). Lanham, Md.: Rowman et Littlefield. Gluckman, N. (2018). How One College Has Set Out to Fix \u2018a Culture of Blatant Sexual Harassment\u2019. Retrieved from Set-Out-to/241927 Jackson, C. (2017). Black and white - Rhinegold. Retrieved from Lazar, K. (2018). Berklee president: 11 faculty members have been terminated in 13 years for sex assault, harassment - The Boston Globe. Retrieved from meeting-monday-sex-harassment-campus/wXBMrQVkSz968DA3OixqMP/story.html Murphy, J. (2018). Eastman grad says prof sexually harassed him, derailed career. Retrieved from eastman-rochester-harassment-douglas-humpherys/989683001/ How Diverse is Berklee College of Music? (2018). Retrieved from 2/21/25, 7:16 Digication ePortfolio :: Kyle Bejnerowicz :: Sexual Misconduct at Music Schools 5/6 life/diversity/ School discipline: new guidance for teachers. (2018). Retrieved from Show Comments (0) and Tags Terms of Use Privacy Contact Digication Platform provided by Digication, Inc. Copyright \u00a9 2025. All rights reserved. 2/21/25, 7:16 Digication ePortfolio :: Kyle Bejnerowicz :: Sexual Misconduct at Music Schools 6/6"} |
7,221 | John N. Mangieri | Arkansas State University | [
"7221_101.pdf",
"7221_102.pdf"
] | {"7221_101.pdf": "36,394,684 articles and books Depositions due in Mangieri lawsuit against Board. Link/Page Citation University President John Mangieri's lawsuit against the Board of Trustees isn't expected to go to trial until 1995, but depositions are scheduled to begin this week notice for depositions by Mangieri and his wife, Debbie, on July 20-21 was filed last week in U.S. District Court by attorneys representing the board. Mangieri's attorneys filed a notice the next day for depositions by board Chairman Wayne Hartsfield and board member Chucki Bradbury on July 19-20. One of the more interesting developments in the case is an article written by John Mangieri, who was fired as president of ASU, in the July 13 edition of The Chronicle of Higher Education. Also, an investigative process is under way to determine whether Mangieri will keep his tenure as a professor of education at the university. In the opinion piece, titled University's Rush to Judgment,\" Mangieri describes the process by which he was dismissed and offers his observations \"about what I've learned from this situation.\" The article is accompanied by an illustration of the back of a man wearing an archery target, with arrows -- indicative of the university's Indian mascot and his alleged attack by the boar -- surrounding him. Mangieri outlines how he has been shunned by colleagues since the firing; his pleasure with media coverage of the ordeal; his disappointment in the inaction by professional organizations for higher education on his behalf; and how the \"unproven allegations\" have overshadowed his 20 years of accomplishments. He also expresses discouragement about how people accused of sexual misconduct hav to prove their innocence rather than being assumed innocent until proven guilty The board of trustees was not given an opportunity to give its side of the case in the Chronicle, but the university was preparing a response late last week. Mangieri contends in his lawsuit, filed April 29, that his constitutional right of due process were violated in events leading up to and including his firing b the board on April 7. At Mangieri's request, the board conducted a public hearing concerning allegations of inappropriate sexual activity, conduct inappropriate of a university president and insubordination. Periodicals Literature Search Keyword Title Author Topic 2/21/25, 7:17 Depositions due in Mangieri lawsuit against Board. - Free Online Library 1/4 The board, in its answer to the suit filed May 17, maintains that Mangieri was given the opportunity for due process after allegations of inappropriate conduc were raised by two female employees of the university. Among the allegations is that Mangieri was seen masturbating in his office on two occasions. Mangieri claims he was physically unable to commit those acts because he was impotent. Mangieri and the board differ greatly on what they believe to be the facts of the case. \"You look at it, and it's two totally different fact situations,\" says Jonesbor lawyer Bill Bristow, who, along with Bill Penix of Jonesboro, is representing Mangieri. \"That's the type of case that the jury decides which way they believe it occurred. We welcome our chance to get before a jury. \"The constitutional issues will be very, very interesting. It's always kind of fun to be on the side of the person who's been kicked around going against someone that's kind of the very powerful institutional figures. That's always been intriguing to me.\" The board members also view themselves as the ones being kicked around for taking action, based on just cause, that they thought was right for the university. They maintain they will be vindicated when the facts are distinguished from the abundance of rumors that have circulated concerning Mangieri since late last year. The board is being represented by Lucinda McDaniel of the Womack Landis Phelps McNeill & McDaniel firm in Jonesboro, the regular counsel for ASU. Counsel for individual board members are Doug Buford and Sam Jones of the Wright Lindsey & Jennings firm in Little Rock. Incidentally, Bristow was a law intern at Wright Lindsey & Jennings while he wa studying at Harvard Law School 1994 Journal Publishing, Inc. No portion of this article can be reproduced without the express written permission from the copyright holder. Copyright 1994 Gale, Cengage Learning. All rights reserved. Please bookmark with social media, your votes are noticed and appreciated: Article Details Printer friendly Cite/link Email Feedback Title Annotation: John Mangieri; Arkansas State University Author: Hankins, Jeff Publication: Arkansas Business Date: Jul 18, 1994 Words: 641 Previous Article: Good help is harder to find: shortage has contractors turning to prisoners. Next Article: Don't stop the presses: Magie Enterprises calls in next generation to keep papers coming. Related Articles dominates state salaries System President is highest paid outside UAMS. Bill Bristow vs. the Establishment: down-home Jonesboro lawyer relishes Arkansas' high-profile. Companies spend '94 dodging Clinton, negotiating sales. They said it in 1994 ... a compilation of memorable quotations published in Arkansas Business PROGRAMS. Arkansas Business list: highest-paid state employees. Highest-paid state employees student sues to finish program. Contractors haul to court, cite building practices. 2/21/25, 7:17 Depositions due in Mangieri lawsuit against Board. - Free Online Library 2/4 The Free Library > Business and Industry > Business > Arkansas Business > July 18, 1994 The Free Library > Business and Industry > Business, regional > Arkansas Business > July 18, 1994 The Free Library > Date > 1994 > July > 18 > Arkansas Business Publications by Name Publications by Date Authors Literature before 1995 1995-1999 2000-2004 2005-2009 2010 Terms of use | Privacy policy | Copyright \u00a9 2025 Farlex, Inc. | Feedback | For webmasters | 2/21/25, 7:17 Depositions due in Mangieri lawsuit against Board. - Free Online Library 3/4 2/21/25, 7:17 Depositions due in Mangieri lawsuit against Board. - Free Online Library 4/4", "7221_102.pdf": "on the War Path by Arkansas Business Staff - April 18, 1994, 12:00am The firing of its president following allegations of sexual misconduct, an expected federal lawsuit and controversy over actions by the Board of Trustees have rocked Arkansas State University in Jonesboro amid an $8 million capital campaign. The suit, being prepared by Jonesboro lawyers Bill Bristow and Bill Penix, is the result of the April 7 termination of university President John Mangieri, who was fired by the board after two secretaries alleged they saw him masturbating in his office. In a hearing, which Mangieri insisted be kept public, he denied the allegations and presented letters from three medical doctors supporting his contention that a brain tumor removed years ago and medication he subsequently took for the ailment rendered him impotent. Faculty members have rallied to Mangieri\u2019s defense, saying they think political differences between Mangieri and the five- member board, not sexual misconduct, are the real cause for the firing. Some students have taken the same stance and protested Mangieri\u2019s treatment, while many university supporters and students are taking a wait-and-see approach, saying that the information they have is insufficient to make a call on whether the board properly handled the situation. How the board handled the allegations against Mangieri is expected to be at the heart of the lawsuit. Bristow, who would only comment generally on the anticipated suit, says it will be 2/21/25, 7:17 on the War Path 1/8 of a \u201cconstitutional nature\u201d and would encompass alleged violations of civil rights and due process. \u201cThe two questions are why they did this and did they go about it in a legally correct way,\u201d he says. Bristow says Mangieri believes there were other motivations behind his firing, which Bristow wouldn\u2019t comment on except to say feel that we have a lot of comments that a jury will want to hear, and look forward to being able to represent Dr. Mangieri and present those issues to a jury.\u201d Other sources close to Mangieri, who is no longer commenting because of the pending litigation, say the fired president had differences with the board \u2014 specifically, Chucki Bradbury \u2014 over where certain university funds would be invested. Bradbury and possibly others allegedly favored Stephens Inc. to manage the funds, while Mangieri thought proposals from various investment companies should be weighed. Specifics about the allegations are expected to come to light in the suit. Six or seven companies, including Stephens, have presented proposals to the university, but Don Tilton, vice president for university relations, says no decision has been made on how or where to invest the funds. 2/21/25, 7:17 on the War Path 2/8 Steering Clear Bradbury, the wife of Curt Bradbury, Worthen Banking Corp. chairman, president and chief executive officer, says she has taken numerous steps, documented in minutes of public meetings, to keep herself out of the university\u2019s investment decisions to avoid any appearance of impropriety. Bradbury says she steered away from the board\u2019s investment committee and specifically requested at one meeting that Worthen not be among the depositories considered for university funds. Seeing no conflict, Bradbury says she didn\u2019t ask that Stephens be eliminated from consideration. The Stephens family is, however, the largest single shareholder in Worthen, and her husband \u2014 who is also chairman of the state Board of Higher Education \u2014 began his career at the investment banking firm. In her role as a trustee, Bradbury says, she has \u201cnever made a [investment] recommendation and specifically will not vote on that.\u201d Bradbury, who is also co-chairperson for the university\u2019s capital campaign, attributes allegations that she tried to influence how the money should be invested as simply a byproduct of an unfortunate situation think in times like this people search for reasons and look for ones that don\u2019t exist,\u201d she says. Faculty members, skeptical of the board\u2019s stated reasons, are among those searching for reasons for Mangieri\u2019s firing. The ex-president, brought in from the University of New Orleans and selected in a nationwide search that included more than 80 candidates, had a good rapport with faculty and has been described as \u201ca breath of fresh air\u201d at a university that has seen politics take a lead role in the past. 2/21/25, 7:17 on the War Path 3/8 memo circulated by the history department before Mangieri\u2019s firing and urging support for him notes, \u201cThe record of skewed presidential searches and \u2018palace coups\u2019 as a means to remove controversial executives forms a sordid list.'\u201d Some faculty members continue to paint Mangieri as a victim of a conspiracy between longtime administrators who may not have welcomed Mangieri\u2019s efforts to change the status quo, but Mangieri downplayed that theory in an interview with Arkansas Business on March 17. They note that Mangieri was surrounded with administrators accustomed to other regimes. The community is close-knit enough that even the university\u2019s attorney, Lucinda McDaniel, is a product of another regime \u2014 literally. Her father, Eugene Smith, was the president who preceded Mangieri. It was during Smith\u2019s tenure that a very specific sexual harassment policy was formulated, and the board is accused of not adhering to the policy guidelines in Mangieri\u2019s case. Liability Concerns State Rep. Bobby Hogue of Jonesboro, an alumnus and supporter, says he\u2019s concerned about the university\u2019s possible liability \u201cbecause it\u2019s my understanding that [the sexual harassment] policy was not followed in this case.\u201d Hogue notes that both Bristow and Penix are well-respected lawyers in Jonesboro and \u201cfor them to accept [Mangieri\u2019s case feel like there must be some grounds for litigation there board members and McDaniel are no longer commenting on Mangieri\u2019s firing because of the expected lawsuit. 2/21/25, 7:17 on the War Path 4/8 Bristow says it\u2019s too early to say whom the defendants in the suit will be, but he doesn\u2019t rule out naming individual board members state law, the Volunteer Immunity Act, would appear to protect a person serving on a university board from personal liability resulting from their actions, but Bristow says he doesn\u2019t believe the immunity would apply to constitutional violations. Whether individual board members could be held responsible for monetary damages would depend on a number of undetermined factors. The amount of damages a person could be awarded is also hard to predict because no formula exists jury has incredibly broad discretion of what those awards would be,\u201d says Bristow, who declined comment on the amount of damages that might be sought. Penix, Mangieri\u2019s other attorney, says that as a university president his client held a valuable property in the form of a contract and in the ability to use his position as a springboard to seek jobs elsewhere. \u201cThey are a valuable piece of property, and that property has been gravely damaged,\u201d Penix says. Mangieri\u2019s $123,000 annual contract ran until June 30, 1995. Before being fired, Mangieri resigned his position March 16 effective at the end of his contract because of differences with the board. The firing of Mangieri by five individuals who have little accountability to the university has put the Board of Trustees in the line of fire. Board members are appointed by the governor to serve five-year terms and are typically political supporters and campaign contributors. 2/21/25, 7:17 on the War Path 5/8 Board Changes Desired Mangieri supporters singled out certain board members such as Chairman Wayne Hartsfield of Searcy for vocal criticism at the meeting in which Mangieri was fired. The faculty senate has since passed a resolution seeking expansion of the board to nine members, believing that a larger board would reduce cronyism. Other universities have larger boards. Both the University of Central Arkansas in Conway and Henderson State University in Arkadelphia have seven-member boards; the University of Arkansas System has a 10-member board. Like ASU, Arkansas Tech in Russellville and Southern Arkansas University in Magnolia have five-member boards. Rep. Hogue says a constitutional amendment, placed before voters because of an initiated act or a referral by the Legislature, is the only way to change the number of board members at and it would probably be difficult to get the issue on the ballot through either avenue. Referring to a comment by a student in a local newspaper, Hogue noted that some students don\u2019t believe they have access to the current board members. He says the student pointed out that four of the five members live in central Arkansas and simply fly into Jonesboro to handle university business would say that the confidence in the board is lower than I\u2019ve seen it since came in 1971, and we\u2019ve gone through some real crises,\u201d says C.K. McFarland, a history professor and outgoing president of ASU\u2019s American Association of University Professors. McFarland says the organization is available to help Mangieri at his request to ensure protection of the ex-president\u2019s tenure 2/21/25, 7:17 on the War Path 6/8 as a professor of education. The issue of whether Mangieri is still a tenured professor hasn\u2019t yet been addressed by a review committee, made up largely of faculty members. The is not taking an official position on Mangieri\u2019s removal, McFarland says, but \u201cwe are saying if he\u2019s removed as a tenured faculty member, then we have some big problems.\u201d If Mangieri\u2019s tenure is also terminated, McFarland says, it could lead to the university being censured by the national organization of the AAUP, of which McFarland is a council member. \u201cIt\u2019s a blacklist,\u201d McFarland says of the list distributed in academic circles. \u201cIt shows educators at institutions around the country that you\u2019re part of an institution that doesn\u2019t respect academic freedom, tenure and due process.\u201d McFarland says the firing of Mangieri already has garnered interest from people outside of Arkansas. He says several faculty members were contacted by out-of-state colleagues inquiring about the matter and the \u201cChronicle of Higher Education,\u201d an academic publication, made inquiries. Hogue says the handling of Mangieri\u2019s firing has already had a harmful effect on the university, \u201cbut I\u2019m not sure to what degree.\u201d As a state representative with in his district, Hogue says he sometimes experiences problems at the Legislature trying to get support for because the university doesn\u2019t enjoy the statewide support that the does. \u201cAnd when these kinds of things come up, it certainly doesn\u2019t help us to go down and ask for things for the university,\u201d he 2/21/25, 7:17 on the War Path 7/8 says. 2/21/25, 7:17 on the War Path 8/8"} |
7,866 | Shawn Wilson | University of Wisconsin – Stevens Point | [
"7866_101.pdf",
"7866_102.pdf",
"7866_103.pdf",
"7866_104.pdf",
"7866_105.pdf"
] | {"7866_101.pdf": "Records show a University of Wisconsin-Stevens Point official who handled sexual misconduct complaints and resigned when he was accused of sexually Dean Accused Of Harassment At Went On To Hold Similar Jobs Administrator Has Resigned From Multiple Campuses 21, 2018 \u2022 Royal Broil (CC-BY-SA) Privacy - Terms Chapter Day 2/21/25, 7:18 Dean Accused Of Harassment At Went On To Hold Similar Jobs 1/5 harassing a woman on campus in 2015, went on to hold similar positions at other universities. UW-Stevens Point placed Shawn Wilson, assistant dean of students, on leave in September 2015 following the harassment complaint. Wilson resigned the following month. University documents obtained by the Stevens Point Journal and the Milwaukee Journal Sentinel show Wilson then landed similar jobs at Knox College in Galesburg, Illinois and the University of Wisconsin-Eau Claire. Stay informed on the latest news Sign up for WPR\u2019s email newsletter. Email Submit Officials at both those schools say a UW-Stevens Point supervisor they contacted for a job reference didn\u2019t disclose the harassment investigation. Wilson worked at Knox College until September 2016, then went to UW-Eau Claire, where he resigned last November. Chapter Day 2/21/25, 7:18 Dean Accused Of Harassment At Went On To Hold Similar Jobs 2/5 \u00a9 Copyright 2025 by The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. Related Stories Milwaukee Area Technical College\u2019s former officer files federal discrimination lawsuit Chapter Day 2/21/25, 7:18 Dean Accused Of Harassment At Went On To Hold Similar Jobs 3/5 Madison Common Council censures alder accused of domestic violence, harassment Madison Common Council gathers votes to censure alder accused of domestic violence, harassment Universities of Wisconsin enrollment up overall pauses Title changes amid legal challenge to federal sex discrimination rules Chapter Day 2/21/25, 7:18 Dean Accused Of Harassment At Went On To Hold Similar Jobs 4/5 \u00a9 2025 by Wisconsin Public Radio, a service of the Wisconsin Educational Communications Board and the University of Wisconsin- Madison Chapter Day 2/21/25, 7:18 Dean Accused Of Harassment At Went On To Hold Similar Jobs 5/5", "7866_102.pdf": "UW-Stevens Point assistant dean accused of sex harassment went on to work at other schools Published 2:15 p.m May 18, 2018 Updated 11:49 a.m July 20, 2018 Note: This story contains graphic descriptions of sexual misconduct that may be offensive to some readers or painful to survivors of sexual assault and harassment. We think it is necessary to report this information as a warning and a reminder of what comprises sexual abuse. This story also has been updated since first published to include responses from university officials University of Wisconsin-Stevens Point official who handled sexual misconduct complaints resigned after he was accused of sexually harassing a woman on campus in 2015, then went on to hold identical jobs at other universities, including at another school, according to newly-released records. UW-Stevens Point found in an investigation that Shawn Wilson, a former assistant dean of students and deputy Title coordinator at the school, sexually harassed a female employee of a business in the Dreyfus University Center during move-in weekend in 2015, according to the documents, which the Stevens Point Journal and Milwaukee Journal Sentinel obtained from the University of Wisconsin System. Title is a federal civil rights law that prohibits sex discrimination in education. Wilson's job included responding to complaints of sexual and behavioral misconduct. The investigation revealed a pattern of unprofessional conduct toward employees of the unnamed business in the year prior to the August 2015 incident. Wilson denied all accusations in an interview with Katie Jore, associate vice chancellor for personnel, budget and grants, who conducted the investigation. Alan Hovorka Stevens Point Journal 2/21/25, 7:18 UW-Stevens Point official hired at other schools after harassment claims 1/6 The Aug. 29, 2015, move-in weekend incident was reported on Sept. 11, 2015, and Provost Greg Summers placed Wilson on paid administrative leave on Sept. 14, 2015. He submitted his resignation letter a month later, but landed assistant dean and Title positions in Illinois and then UW-Eau Claire. He has since left both jobs. Officials at both those schools said a supervisor they contacted for a job reference for Wilson didn't disclose the harassment investigation. According to Jore's report: \u25ba An unnamed woman was working at a water tent and helping students move in. The employee, a former student, was sitting outside of the residence halls when Wilson walked by. She asked if there was anything she could do to help, referring to move-in weekend. Wilson replied: \"You really don't want to ask that really want you to come home with me,\" the employee told Jore. \u25ba The woman said no and reminded him that she was married. He persisted, asking if she could come home anyway. She nervously laughed at the comment, she told investigators, but he continued. \u25ba \"What really want to do is to bend you over and show you a good time. You would be my firework and would explode all over you,\" Wilson said, according to the account the woman gave investigators. She replied don't know what to say to that.\" Before walking away, Wilson said, \"What can you say to that?\" In the woman's interview with Jore, she said no one was within earshot of the conversation, but that people were nearby. She did not know Wilson was an assistant dean of students until after the interaction. Hours after the incident, the woman appeared visibly shaken and said only that she was tired, her manager told investigators. The next day, she reported the harassment to her manager. The manager told investigators that the incident left the woman feeling embarrassed, uncomfortable and threatened \u2014 and that at one point while she was describing Wilson's behavior, she needed to step away to collect herself. 2/21/25, 7:18 UW-Stevens Point official hired at other schools after harassment claims 2/6 Wilson, in an interview with university investigators, denied the accusations. He said he saw her in the morning and that they had a \"casual interaction\" where they talked about her dress and how long she would be working the water tent. He said that he went home at about 12:15 p.m. that day. When asked by investigators if anything he said could have been misinterpreted, he said no. However, he said he had an explicit conversation with his spouse away from crowds, but didn't remember what it was about. At some point in the interview, Wilson began crying and pacing the room. He told investigators how hard his job is and how much he wants to serve students. He also told investigators he was going through a divorce. Portage County court records show his divorce proceedings started in August 2015 before move-in weekend and ended the following January. This wasn't the first time Wilson tried to get the woman to come home with him, the complaint states System loses when it tries to keep secrets: column student reports harassment on campus Starting in June 2015, she said she began seeing Wilson on Briggs Street during her smoke breaks, where she would often talk with him about her wedding plans and other topics. However, on multiple occasions, she said Wilson asked her if there was any way he could get her to come home with him. She always said no. He would walk away after the rejection. One time, she said, Wilson pulled up next to her in his car and asked her the same question. Wilson also denied those accusations. He said he may have said she had a pretty smile. Interviews with the manager and employees of the business indicate that Wilson's behavior routinely left them feeling uncomfortable. In the year leading up to the harassment allegations against Wilson, he would make long, weekly visits to the business in the student center. He would talk to employees like they were on a \"friend level,\" use vulgar language and sometimes discuss student disciplinary issues, they reported. 2/21/25, 7:18 UW-Stevens Point official hired at other schools after harassment claims 3/6 He also repeatedly asked one of the employees for her phone number, which initially the manager took as a joke. The manager requested that Wilson be barred from visiting the business following the move- in weekend incident. Letter from the chancellor About 18 days after the complaint was filed and Jore conducted her initial fact-finding Chancellor Bernie Patterson issued a letter to Wilson asking to meet with him to discuss the matter. \"Mr. Wilson, these are very serious allegations am considering several possible responses that would like to discuss with you,\" the chancellor wrote will be assigning Dr. Jore to continue her investigation ... and must be clear that, if the investigation supports the allegations in the complaint, we will issue charges ... for discipline up to and including dismissal.\" The documents do not disclose whether Patterson and Wilson met. On Oct. 12, 2015, Jore delivered her final report on the incident to Patterson. In it, she concluded that that he visited the unnamed business several times and that he would use \"coarse or vulgar language\" in conversations with employees. Jore also concluded that although there were no witnesses to the move-in weekend incident, a number of the woman's coworkers \"attest that (the employee, whose name was redacted in the released records) was visibly upset after returning from this alleged interaction and who heard her recounting of the incident the next morning.\" Jore added that there appeared to be no connection between the employee and Wilson outside of interactions at her place of business. \"There is especially no motivation for giving a false statement,\" Jore wrote. Wilson submitted his resignation letter on Oct. 22, 2015, with an effective date of Jan. 8, 2016 had finished its investigation at that point, but Wilson resigned before it could carry out the disciplinary process, Jore wrote in an email to the Stevens Point Journal. In January 2016, he took a new job as associate dean of students for Knox College in Galesburg, Illinois. His duties there also included serving as deputy Title coordinator. He 2/21/25, 7:18 UW-Stevens Point official hired at other schools after harassment claims 4/6 worked there until September 2016. Knox College spokeswoman Megan Scott would not comment on the reasons for his departure or whether the university was aware of his prior conduct, although she said the school conducts background and reference checks before hiring. \"In general, if the College was made aware of a past sexual harassment complaint during the hiring process, we would not hire that individual to be associated with our Title team,\" Scott said in an email. Wilson resurfaced in the System in August 2017, when UW-Eau Claire hired him as interim assistant dean of students, which again included serving as a deputy Title coordinator. His tenure at Eau Claire was short-lived, after UW-Stevens Point officials learned he had been hired there. Omissions in reference checks \"When UW-Stevens Point human resources was made aware of (Wilson's conduct and his hiring at UW-Eau Claire), we contacted UW-Eau Claire,\" Jore said in an email. Wilson resigned from the Eau Claire job on Nov. 1, 2017. Jore said that Knox College and UW-Eau Claire had called Wilson's former supervisor for reference checks. Officials at Knox and UW-Eau Claire told the Stevens Point Journal that the sexual harassment complaint did not come up in those checks. \"During that reference check, there was no disclosure of sexual harassment or the complaint\u2019s findings,\" Mike Rindo, UW-Eau Claire assistant chancellor for facilities and university relations, said. \"We can request personnel records (from other schools), but it\u2019s not the standard practice to do so. We rely on industry-wide standards of relying on reference checks. No potential issues were presented to us in that reference check.\" Neither Jore nor Rindo named the former supervisor. According to UW-Stevens Point organizational charts, Troy Seppelt, dean of students, and Al Thompson, vice chancellor for student affairs, rank higher than Wilson's position at the time he was there. Jore interviewed the two in 2015. Thompson told her that he was unaware of Wilson's interactions with employees at the student center. 2/21/25, 7:18 UW-Stevens Point official hired at other schools after harassment claims 5/6 Seppelt told her that he was aware that Wilson had been interacting with people at the business, but expressed shock at the allegations. He told Jore that \"it was very out of character,\" and that Wilson had no prior history of sexual harassment. He said in 2015 that he had coffee twice with Wilson after the incident was reported to make sure he was OK, having also provided him with a copy of the university's policies on termination based on misconduct. Wilson did not return phone calls requesting comment. 2/21/25, 7:18 UW-Stevens Point official hired at other schools after harassment claims 6/6", "7866_103.pdf": "UW-Stevens Point sexual harassment case spurs System to review hiring policies Karen Herzog and Alan Hovorka NETWORK-Wisconsin Published 11:06 a.m May 31, 2018 Updated 1:15 p.m May 31, 2018 - The University of Wisconsin System will consider tightening its hiring processes and reference checks, after a news report that a UW-Stevens Point administrator resigned while under investigation for sexual harassment and landed the same job at UW- Eau Claire. The Stevens Point Journal, which first reported the accusations against assistant dean Shawn Wilson, has since learned that two different UW-Stevens Point officials neglected to disclose the confirmed incidents of harassment when leaders from Knox College in Illinois and Eau Claire called for reference checks on Wilson. Wilson was later hired for both jobs and has since left both schools. In all three positions at UW-Stevens Point, Knox and UW-Eau Claire, one of his job duties was investigating sexual misconduct. Gov. Scott Walker called for action in response to the news reports. On Wednesday, the System said it will consider a proposal to require all campuses to share personnel files of current or former employees with other campuses or state agencies as part of a hiring review. It also would require campuses to appropriately document any allegations or investigations of sexual harassment in personnel files. The Milwaukee Journal Sentinel earlier this year requested all sexual harassment complaints from System campuses since 2014 involving supervisors and those in a teaching role with students. 2/21/25, 7:18 UW-Stevens Point sexual harassment spurs System to review hiring 1/4 RELATED: UW-Stevens Point assistant dean accused of sexual harassment, rehired at UW- Eau Claire RELATED: Four teachers found responsible for sexual harassment since 2013 no longer work there The Stevens Point Journal, which is part of the same NETWORK, examined and reported cases from UW-Stevens Point. In disclosing allegations of sexual harassment against employees, several campuses reported that they either did not have detailed records or the personnel files were incomplete. The Journal Sentinel requested additional information on discipline and whether the employees were still employed after allegations were substantiated. \u201cIn light of recent reports, Gov. Walker felt it was important for the System to reform their policies,\u201d his press secretary said. Under the proposed System policy, personnel files must appropriately document the final resolution of any allegations or investigations, including whether the employee was found not responsible, resigned, was disciplined or was terminated. One of the most shocking cases involved Wilson at UW-Stevens Point. Kept under wraps female employee of a business on campus accused Wilson of repeatedly asking her to go home with him and making sexual innuendos in 2015, even though both were married and she said no every time. Wilson submitted his resignation in October 2015 after the university concluded its investigation but before the disciplinary process could determine the specific policy violation, UW-Stevens Point spokeswoman Nick Schultz said. He was placed on paid leave during the investigation, but was later allowed to return to the job with some restrictions \u2014 such as being barred from the business where the victim worked \u2014 until his resignation took effect in January 2016. Wilson had worked for UW-Stevens Point since July 2013. 2/21/25, 7:18 UW-Stevens Point sexual harassment spurs System to review hiring 2/4 Wilson met with UW-Stevens Point Bernie Patterson twice before his resignation to discuss the harassment investigation, which concluded that the incidents likely happened. Patterson did not discuss Wilson's employment status during those meetings, Schultz said. The Stevens Point Journal discovered that Wilson went on to hold his exact same job \u2013 assistant dean of students and deputy Title coordinator \u2013 at Knox College in 2016 and UW-Eau Claire in 2017. Officials from those colleges told the newspaper Wilson\u2019s behavior did not come up in reference checks with his former bosses Al Thompson, UW-Stevens Point vice chancellor for student affairs, and Troy Seppelt, UW-Stevens Point dean of students. Both were interviewed during the campus investigation of Wilson, so they were aware of the allegations. Knox College spokeswoman Megan Scott told the Stevens Point Journal that the university was unaware of his prior behavior and that, generally speaking, they would not hire someone to be on their Title team if they were aware of a history of sexual misconduct. Title is a federal law that bars sexual discrimination in education. Mike Rindo, UW-Eau Claire assistant chancellor for facilities and university relations, said they were unaware of Wilson\u2019s past behavior and that it\u2019s not standard practice to request personnel records. However, Rindo said that when a UW-Stevens Point employee learned of Wilson\u2019s hiring, that person contacted UW-Eau Claire and that Wilson resigned in November 2017, less than four months into the job. The Knox College spokeswoman declined to say why Wilson left the job there. Schultz, the UW-Stevens Point spokeswoman, said Seppelt and Thompson \"answered the questions they were asked. Neither voluntarily disclosed information about the sexual harassment complaint.\u201d Schultz said Seppelt and Thompson declined to be interviewed for this story. The System adopted a new sexual assault and harassment policy in 2016. That policy was intended to formalize the System\u2019s commitment to address the issue. It also required all employees to receive training to prevent and identify sexual harassment and was to have created a clear reporting path requirement. 2/21/25, 7:18 UW-Stevens Point sexual harassment spurs System to review hiring 3/4 \"The System has zero tolerance for sexual harassment. There is no room for compromise on that commitment System President Ray Cross said Wednesday in announcing the review of System policies. RELATED: University of Wisconsin employees receive training in sexual assault prevention RELATED: Total $591,050 paid to settle UW-Madison sexual harassment cases in past decade \u201cWe will continue to work tirelessly to assess our policies and revise them as necessary to ensure that our campus communities are safe and welcoming places to live, learn and work.\u201d Under the proposed policy that the System Board of Regents will consider at its next meeting at UW-Milwaukee on June 7, hiring and reference check processes at all System institutions will be reviewed. The review will ensure that allegations or investigations of sexual harassment for current or former employees are \u201cappropriately disclosed\u201d when an individual is being considered for a job at a institution or by an outside entity. The proposed System changes were announced a week after UW-Stevens Point Chancellor Patterson ordered a review of policies at the university regarding the disclosure of sexual harassment complaints. \u201cUW-Stevens Point will ensure those in leadership positions are knowledgeable of and compliant with relevant policies, including the distinction between the right to privacy and the obligation to disclose allegations and investigations of sexual harassment,\u201d Schultz said in announcing Patterson's directive. 2/21/25, 7:18 UW-Stevens Point sexual harassment spurs System to review hiring 4/4", "7866_104.pdf": "POINT, Wis University of Wisconsin-Stevens Point official who handled sexual misconduct complaints and resigned when he was accused of sexually harassing a woman on campus in 2015, went on to hold positions handling similar complaints at two other universities, according to newly released documents. UW-Stevens Point placed Shawn Wilson, assistant dean of students, on leave in September 2015 following the harassment complaint and he resigned the following month, according to university documents obtained by the Stevens Point Journal and the Milwaukee Journal Sentinel. The university investigated and found Wilson, the school\u2019s Title coordinator, had sexually harassed a woman at the Dreyfus Community Center during move-in weekend on campus in August 2015. Wilson denied the accusations. Title is a federal civil rights law that prohibits sexual discrimination in education. Wilson\u2019s job included responding to complaints of sexual and behavioral misconduct. In January 2016, Wilson took a new job as associate dean of students for Knox College in Galesburg, Illinois, where his duties also included serving as deputy Title coordinator. Knox College spokeswoman Megan Scott said the school conducts background and reference checks before hiring and generally would not hire an individual a person accused of sexual harassment to be associated with Title IX. Wilson worked at Knox until the following September. The University of Wisconsin-Eau Claire hired Wilson in August 2017 as interim dean of students, which again included responding to Title complaints. His tenure in Eau Claire lasted three months. Katie Jore, associate vice chancellor at UW-Stevens Point, said the school contacted UW-Eau Claire after learning that Wilson had been hired there. He resigned in November 2017. Dean accused of harassment resurfaces at 2 other schools Published 12:06 CST, May 21, 2018 2/21/25, 7:18 Dean accused of harassment resurfaces at 2 other schools News 1/3 Jore said that Knox College and UW-Eau Claire had called Wilson\u2019s former supervisor for reference checks. Both colleges told the Stevens Point Journal that the sexual harassment complaint did not come up in those checks. Wilson\u2019s number is not listed in phone records. ___ Information from: Stevens Point Journal Media, 2/21/25, 7:18 Dean accused of harassment resurfaces at 2 other schools News 2/3 Vatican says Pope Francis is \u2018improving slightly\u2019 as cardinals acknowledge resignation is possible Trump loyalist Kash Patel is confirmed as director by the Senate despite deep Democratic doubts Israel identifies remains of child hostages but says another body from Hamas was not their mother Could Trump really return savings to taxpayers? Trump\u2019s attempts to denigrate Zelenskyy have led to a surge in Ukrainian unity 1 2 3 4 5 2/21/25, 7:18 Dean accused of harassment resurfaces at 2 other schools News 3/3", "7866_105.pdf": "Privacy - Terms claire/article_6802a1d3-8b53-5d06-84c7-599feb8c6cb8.html Sexual harassment accusation surfaces at UW-Eau Claire By Eric Lindquist Jun 28, 2018 Online former UW-Eau Claire interim assistant dean of students who resigned last fall after university officials learned he had been accused of sexually harassing a woman while previously employed at UW-Stevens Point faced a similar accusation during his brief stint at UW-Eau Claire. The revelation regarding Shawn Wilson came to light in UW-Eau Claire personnel documents requested by the Leader-Telegram through the Wisconsin Open Records Law. 2/21/25, 7:18 Sexual harassment accusation surfaces at UW-Eau Claire | Front Page | leadertelegram.com 1/4 An Oct. 25 memo from UW-Eau Claire affirmative action officer and Title coordinator Teresa O\u2019Halloran to Chancellor James Schmidt indicated that she conducted an investigation into sexual harassment allegations from a student employee in the dean of students office against Wilson, who was hired in August. According to the memo: The student alleged on Oct. 11 that Wilson had made multiple comments about her appearance, hair and clothing, including that he really liked how she looked in dresses. The student also complained that Wilson touched her hair several times, gave her a side hug and touched her shoulder in an attempt to give her a massage, prompting her to push him away and tell him not to touch her. In a follow-up meeting with O\u2019Halloran and Dean of Students Joe Abhold, Wilson admitted to telling the student her clothing looked good on her and touching the student\u2019s hair once in an attempt to remove something in it but denied the other allegations. Wilson told the officials some actions are taken out of context and made into what they are not, but he also said he should have known better and apologized. Also in early October, UW-Eau Claire human resources director David Miller was informed by an official at UW-Stevens Point about an investigation of a sexual harassment allegation against Wilson while he was employed as assistant dean of students on that campus in 2015 and also about similar complaints by another employee who came forward after Wilson left the university. UW-Stevens Point placed Wilson on leave in September 2015 following the harassment complaint, and he resigned the following month. The UW-Stevens Point investigation found that Wilson had sexually harassed a woman during move-in weekend on campus in August 2015 university report about the investigation indicated the woman reported that Wilson asked if she would go home with him and persisted after she rebuffed him, using crude language to describe what he wanted to do. 2/21/25, 7:18 Sexual harassment accusation surfaces at UW-Eau Claire | Front Page | leadertelegram.com 2/4 After being notified of the UW-Stevens Point complaints, O\u2019Halloran and Abhold again met with Wilson on Oct. 25 to discuss those concerns. Wilson denied the allegations. Considering the similarity of the allegations, O\u2019Halloran\u2019s memo indicated she determined the allegations were more credible than the denials and recommended early termination of Wilson\u2019s contract. \u201cIt is my opinion that Shawn Wilson violated UW-Eau Claire\u2019s policy on sexual harassment by engaging at UW-Eau Claire in unwelcome verbal and physical conduct of a sexual nature that unreasonably interfered with an individual\u2019s work or academic performance and creating an intimidating, hostile, or offensive working or learning environment,\u201d O\u2019Halloran wrote. Wilson resigned on Oct. 26 after being informed the university planned to fire him immediately, according to letters from Miller to Wilson, who earned a bachelor\u2019s degree from UW-Eau Claire and a master\u2019s degree from UW-Stout in Menomonie and also served as a hall director at UW-Stout from 2007 to 2013. Mike Rindo, UW-Eau Claire\u2019s assistant chancellor for facilities and university relations, said university officials acted quickly upon learning of the new allegation and the UW- Stevens Point allegations against Wilson at about the same time. \u201cWe did our own investigation, confirmed the UW-Stevens Point information and within a matter of weeks determined that we needed to terminate his employment here,\u201d Rindo said. \u201cThe allegations were found to be credible, and they were in violation of our policy regarding sexual harassment.\u201d After leaving UW-Stevens Point, Wilson landed similar jobs at Knox College in Galesburg, Ill., and UW-Eau Claire after reference checks failed to reveal the history of harassment claims against him. One of his responsibilities in all three jobs was investigating sexual misconduct. 2/21/25, 7:18 Sexual harassment accusation surfaces at UW-Eau Claire | Front Page | leadertelegram.com 3/4 Rindo said UW-Eau Claire officials followed standard industry practice in checking Wilson\u2019s background, including calling a reference at UW-Stevens Point, but were not informed about the sexual harassment investigation. \u201cThere is an expectation that kind of thing will be revealed in a reference check, but in this case it was not,\u201d Rindo said. The revelations helped spur the System Board of Regents to approve a resolution earlier this month calling for the system to develop or modify human resources policies in regard to reference checks and maintaining records during the hiring process. Proposed policies include requiring all System schools to share personnel files for current and former employees with other campuses and state agencies, and mandating that system institutions keep documentation of sexual harassment allegations, investigations and the final resolution of such cases. \u201cWhen those policies and procedures are being structured, the end result must ensure that employee misconduct at one System institution cannot be hidden as they seek to work somewhere else within System,\u201d said Regent Vice President Drew Petersen, who introduced the resolution. The board is expected to consider the policies at its August meeting. Contact: 715-833-9209, [email protected], @ealscoop on Twitter 2/21/25, 7:18 Sexual harassment accusation surfaces at UW-Eau Claire | Front Page | leadertelegram.com 4/4"} |
7,917 | Paul Stangl | Western Washington University | [
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"7917_102.pdf",
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] | {"7917_101.pdf": "Western Watchdog Former Huxley student frustrated with how Western handled sexual harassment case By The Front and Asia Fields March 7, 2018 | 7:50am By Asia Fields Content warning: sexual harassment Stirling Scott, the student who reported Huxley associate professor Paul Stangl for sexual harassment, did everything Western tells students to do in these situations. She went to the Equal Opportunity Office (twice) to report him and provide her story. However, the first investigation found that Stangl\u2019s behavior was inappropriate but not severe enough to be considered sexual harassment, according to the EOO\u2019s final report. And even after a second investigation resulted in a finding of sexual harassment, according to documents, Stangl is still teaching at Western. In fact, Stangl was approved to serve on the Faculty Senate Library Committee in January and still serves on the Huxley Policy Committee, the Review reported Monday, March 5. The faculty senate president and chair of the Senate Library Committee told the Review they were not aware of the sexual harassment case, despite a Western Front article published in November. In July 2017, Brent Carbajal, provost and vice president for academic affairs, recommended discipline for Stangl to the dean of Huxley College. In an email obtained by the Front through a public records request, he recommended that Stangl should not teach courses summer 2018 or the travel field course for two summers. He also said Stangl intended to enroll in professional development courses on ethics in the workplace and sexual harassment prevention training. Scott said she has been disappointed with Western, as she had to push for something to be done and the resulting punishment was minimal. She feels Western has protected Stangl. In an email sent to campus in February, President Sabah Randhawa urged people to report sexual misconduct and harassment to the EOO. \u201cWestern\u2019s policies with respect to sexual misconduct as a form of sex discrimination are unequivocal: this kind of behavior will not be tolerated and all reports will be investigated,\u201d he said. \u201cClearly not,\u201d Scott said zero-tolerance policy does not suggest such lenience.\u201d Read more: Posters on campus resurface 2016 sexual harassment incident involving Western professor (Nov. 5, 2021) Huxley students demand increased accountability for sexual harassment (Feburary 14, 2018) Professor disciplined for inappropriate conduct (Nov. 14, 2017) 2/21/25, 7:18 Former Huxley student frustrated with how Western handled sexual harassment case - The Front 1/5 Since the Front\u2019s article in November, Huxley students have expressed frustration with what they perceive as a lack of action on this issue from the college. Environmental studies chair Gigi Berardi said in an email that the department\u2019s equity and diversity committee is in the process of discussing issues of diversity, safety and inclusion. Environmental science chair David Wallin said his department has been meaning to talk about sexual harassment policy and that it is on their agenda. Stangl declined to comment, saying he was advised by university administration to refer questions to Paul Cocke, director of communications and marketing. Huxley College Dean Steve Hollenhorst said he could not comment and also directed the Front to Cocke. Cocke said he could not comment due to privacy issues concerning personnel. There is no policy preventing Western employees from speaking directly to the Front. Also, personnel records in which sexual misconduct allegations result in a finding of wrongdoing are subject to public disclosure, as the Washington Supreme Court ruled in 2007, siding with The Seattle Times. The Western Front does not identify survivors of sexual assault or harassment without their consent and is doing so with Scott\u2019s permission. What happened Scott and another student were asked by Stangl to be teaching assistants for Stangl\u2019s field course in San Francisco for June 2016, Scott said. The two of them arrived one day before the other students to prepare. After meeting to discuss logistics over dinner, Stangl invited the two students up to his hotel room so they could continue talking, Scott said. When they later arrived at the room, Scott said Stangl appeared intoxicated. She said there were empty beer bottles and bottles of alcohol around the room, and that he offered the girls alcohol and pressured them to drink. Scott was underage at the time. She said she mostly just held a glass of wine and sipped it, as she was uncomfortable. She said he told them not to tell anyone he was giving them alcohol, as he could get in trouble since she was a minor. From there, Scott said he began to talk about his personal life and marriage. He said several times that he would marry her if he were 20 years younger and began to get emotional, which made it difficult to leave, Scott said. Then, Scott said he made a comment about wanting to lick their thighs. She and the other teaching assistant left immediately after that, she said. In his written responses to the EOO, Stangl said he did invite the students to his room and offered them alcoholic beverages, which he called a \u201cterrible lapse of judgement,\u201d but did not pour them drinks. He also admitted making the comment about wanting to marry Scott, saying he recognized it was inappropriate. He denied saying he wanted to lick their thighs, but admitted to making insensitive jokes. Scott told the Front that she and the other teaching assistant specifically remember him not only making their drinks, but also pouring them more and spilling some on them when he did. Frustrations with reporting and results Scott said she did not report the incident right away, as she did not want to ruin the 10-day trip for the other students and was worried Stangl would find out while they were still in San Francisco. She waited until the next month to report to the EOO. She met with Sue Guenter-Schlesinger, the vice provost for equal opportunity and employment diversity and Title coordinator, in July 2016. Scott said that at the time, she felt bad for Stangl and felt she held his career in her hands. Subscribe to The Front's weekly newsletter email address Subscribe 2/21/25, 7:18 Former Huxley student frustrated with how Western handled sexual harassment case - The Front 2/5 She decided to just report that he had given her alcohol and pressured her to drink and did not give all the details about his other behavior at first because of this, she told the Front. She said she thought reporting he gave alcohol to an underage student while in a hotel paid for by the university would be enough to get him fired. While she did not want to sign a complaint form herself, she told the she wanted to make sure other students did not have a similar experience with him, according to documents. The initiated the investigation and signed the complaint form due to their obligation to look into the complaint, according to the documents. Scott told the Front that she mentioned feeling bad for Stangl to the EOO, but that they did not address this. \u201cAt that time didn\u2019t want him to lose his job,\" she said. \"But feel like the people working in Title should, out of everyone, be able to recognize that maybe was being manipulated.\" She said she thinks that even if the is not equipped to provide care for survivors, the staff needs to recognize this kind of emotional manipulation and address it. Guenter-Schlesinger said the does not comment on specific investigations. She said the EOO\u2019s role is to be a neutral, third-party fact-finder and ensure due process for all parties. She also said it takes all forms of sexual discrimination, including sexual harassment and violence, seriously and investigates with a trauma-informed and culturally-sensitive approach. Scott said the does not seem trauma-informed, as she did not feel heard and instead felt blamed and stressed during parts of the process. After hearing Scott's story, Guenter-Schlesinger\u2019s first reaction was to lecture her about underage drinking, Scott said. She said Guenter-Schlesinger told her she should wait until she was 21 to drink and spent a long time discussing that part of her story. Whether she was drinking or not shouldn\u2019t have mattered, Scott said. \u201cThat\u2019s what would want to say to everyone. Regardless of what did, it was his responsibility not to get drunk and say he wanted to lick our thighs. That should be obvious,\u201d she said. This was the beginning of what Scott describes as a negative experience working with the EOO. She said the process was long and stressful and that she felt like the staff doubted her. When Stangl found out about the investigation, Scott said he called the other teaching assistant and asked if she knew who reported him. Stangl said he would lose his job and asked how Scott could do this to him, the other teaching assistant told Scott. \u201cHe had no concept that what he did was wrong,\u201d she said. Stangl admitted to calling them and said while he responded \u201cin a panic,\u201d he did not intend to intimidate them, according to his written response. He said he was not aware of policies that do not allow for contacting the reporting persons. At the end of the first investigation, the found that his behavior was inappropriate but not severe or pervasive enough to be considered sexual harassment, according to the final report. However, it did find that he violated the Code of Faculty Ethics, which says faculty should avoid intimidation and exploitation of students. In the report, then-deputy Title coordinator Mohammed Cato said because of the power difference between faculty and students, Stangl\u2019s actions can be seen as exploitative. \u201cThat seems extreme to me to find a professor's actions to be exploitative to students and then have no disciplinary measures,\u201d Scott told the Front. Guenter-Schlesinger said the does not impose sanctions or discipline, but provides investigative reports. When the investigations were completed, they were sent to Carbajal to determine action in response to the findings. Scott said that luckily, as Stangl was on a previously planned sabbatical, she did not have to see him before graduating spring 2017. But in March, she was prompted to go back to the after seeing fliers that said Stangl would be leading the same trip. She said she was fed up with what she saw as nothing being done and decided to give the full story to the in a written statement. 2/21/25, 7:18 Former Huxley student frustrated with how Western handled sexual harassment case - The Front 3/5 This time, she also talked to a trusted university employee about the issue, who helped her talk to the EOO. She continued to meet with Cato every few weeks for the rest of the school year to provide clarification and proof, she said. In June 2017, the found a preponderance of evidence to support a finding of sexual harassment, according to documents. The resulting discipline was to prevent him from teaching summer 2018 and from leading the field course for two summers, according to emails obtained by the Front. Scott said people can change, but that Stangl shouldn\u2019t be at Western, as she thinks he hasn\u2019t had to prove that he has changed think it was inappropriate that he was allowed to go back to work as if nothing happened understand how that would make some students really uncomfortable,\u201d she said. Scott said when she was at Western, Stangl was the main professor for an intro to planning course, which a lot of Huxley students ended up taking. This quarter, there is another professor also teaching this course, but Stangl\u2019s course has more seats for students, according to Classfinder. He is also the only professor teaching this course on Western\u2019s campus for spring quarter, according to Classfinder. Scott sees her situation as part of a larger issue of how Western handles cases of sexual assault and harassment, as she had heard of mishandled cases throughout her years at Western. \u201cThere\u2019s a pretty big problem here. Whoever is making decisions isn\u2019t prioritizing student safety,\u201d she said. \u201cIt doesn't feel like they\u2019re treating this with the proper respect.\u201d The Western Front has reported on other cases in which Western has been criticized by students for mishandling sexual misconduct cases. In fall 2016, the Front reported that survivors said Western gave out light sanctions to perpetrators and that those in charge of investigations lacked sensitivity. In spring 2017, the Front reported on a student convicted of sexual assault being readmitted to the university, sparking campus outrage. Huxley\u2019s response Huxley students have continued to express frustration with what they perceive as little change from Huxley following the revelation. Huxley students organized a forum in December last year for students to express their concerns regarding the Stangl case. The event was suggested by environmental studies staff and run by students. Huxley College did not have a role in organizing the event, an organizer said. There was also presentation put on by Consultation and Sexual Assault Support (CASAS) and Huxley in February. At these events, students said there was a lack of communication and transparency from Huxley faculty and leadership, and that not much seemed to have changed. \u201cThere\u2019s been a huge lack of actual, explicit policy in our department on these topics,\u201d Maeve Pickus, Western graduate student and member of Huxley\u2019s Diversity and Community Affairs Committee, said at the workshop. \u201cWe have to acknowledge that a lot of these things happen where we\u2019re not seeing it, and it\u2019s intentionally in these alone situations.\u201d The environmental studies faculty met on Monday, March 5 to discuss this topic Huxley College main office staffer told the Front that the meeting was taking place in Arntzen Hall at 3 p.m. when asked at 9:30 a.m. on Monday, the day of the meeting. However, no one was in the room at that time. The Front later verified that the department had actually reserved a room in the Viking Union from 2:30-5 p.m. on Monday, and that the reservation existed as of 8:15 a.m. Monday. The Front was not able to obtain comment on the room change or information discussed before the time of publication. Editor\u2019s note: Stirling Scott reached out to The Western Front because she wanted to share her story and frustrations with the process of reporting sexual harassment at Western. Details come from an interview with the Front, as well as documents and emails obtained through a public records request. The Western Front is reporting on sexual assault and harassment faced by members of the Western community. Email us at [email protected] if you want to share your story. We take privacy seriously and won't publish your name or any information you provide without your explicit permision. 2/21/25, 7:18 Former Huxley student frustrated with how Western handled sexual harassment case - The Front 4/5 Updated 6:23 p.m. March 7: The initial article said Huxley organized the December forum. The article was updated to reflect that Huxley students ran the forum, and that Huxley College did not have a role in organizing it The Front is an independent student newspaper covering Western Washington University, Bellingham and Whatcom County. Powered by Solutions by The State News All Content \u00a9 2025 The Western Front 2/21/25, 7:18 Former Huxley student frustrated with how Western handled sexual harassment case - The Front 5/5", "7917_102.pdf": "by: Wavelength November 2, 2018 Students Ask For Options to Avoid Professor Found Responsible for Harassment Lea Olver shares information with passerby about the actions is taking against Paul Stangl. Ella Banken Review Find your Frequency Search \u2026 2/21/25, 7:19 Students Ask For Options to Avoid Professor Found Responsible for Harassment 1/6 By Hailey Murphy CW: Sexual harassment On Wednesday, Students Against Sexual Harassment and Assault (SASHA) protested Western\u2019s lack of action around Paul Stangl, a Huxley professor found to have sexually harassed two students by the Equal Opportunity Office. Three members displayed signs in Red Square reading \u201cWWU, what are you doing about Paul Stangl?\u201d and \u201cStudents deserve class alternatives\u201d to spread the word about Stangl\u2019s presence on campus. Stangl was barred from teaching field courses until summer 2020 as a result of the investigation. He also wasn\u2019t permitted to teach any courses this past summer. However, as a professor of urban planning and sustainable development, Stangl is largely involved with the urban planning major. According to multiple members of SASHA, there is no way to complete the urban planning program without taking a class with Stangl. Stangl is the only professor teaching the program\u2019s mandatory introductory course this fall and spring, according to ClassFinder. He\u2019s also the only professor who teaches the transportation systems planning course and the history of planning course, which are both mandatory for the planning program, according to the program\u2019s online brochure. The demonstrators asked students to email faculty \u2013 Planning Program Director Nick Zaferatos, Chair of Environmental Studies Andrew Bach and Huxley College Dean Steven Hollenhorst \u2013 and request that alternatives be offered for all courses that Stangl teaches. Kai Bjarke, an urban planning pre-major, said they stopped attending the introduction to planning course since learning about the harassment. They\u2019ve since joined and have been learning class material through the textbook and powerpoints. \u201cThere\u2019s no other major that I\u2019m interested in,\u201d Bjarke said. \u201cThis is the only one, so it\u2019s not like I\u2019m just gonna take other classes, or switch [my] major, because this is why came to Western. For this.\u201d 2/21/25, 7:19 Students Ask For Options to Avoid Professor Found Responsible for Harassment 2/6 Hannah Peters, who founded this fall, said she wants perpetrators on campus to be held accountable, particularly for the sake of student safety. She also wants Western to be more transparent with students when it comes to sexual assault and harassment would love to see [President Randhawa] \u2026 call it out as it actually is and to not use coded language to talk about these things,\u201d Peters said. \u201cCall it sexual assault, call it sexual harassment, call [Stangl\u2019s] name out, and then revoke his tenure. Why does he get protected while the rest of us face uncertainty?\u201d Peters also hopes that, by spreading this information, students will learn to question the messages Western sends to its students. \u201cWestern generally has a really good reputation and a really good safety rating online, and we just feel like that doesn\u2019t actually accurately represent what\u2019s happening here,\u201d Peters said. Hannah Peters discusses current actions being taken by with Anne Lee for student life. Ella Banken Review Another goal of is to spread the word about Stangl, as many are unaware of the harassment findings. An aspiring Huxley student, who wished to remain anonymous, was unaware of the harassment until Wednesday\u2019s demonstration. They said its upsetting the information isn\u2019t more widespread. \u201cYou go in and you automatically trust the professor,\u201d the student said. \u201cThis person wants to help, they want to teach, they have our best interests in mind. And now I\u2019m realizing that maybe that\u2019s not the best way to approach things if they don\u2019t tell you 2/21/25, 7:19 Students Ask For Options to Avoid Professor Found Responsible for Harassment 3/6 anything. Maybe you shouldn\u2019t go into class expecting this person to be somebody you trust.\u201d Stangl invited two students to his hotel room late at night while on a school trip, according to the report. He was visibly drunk when they arrived, and offered alcohol despite at least one student being underage. The conversation turned emotional, according to the report, and Stangl requested physical contact by reaching his hand out. The students obliged because of the power dynamics and Stangl\u2019s vulnerable state, they said. At one point, Stangl said, \u201cIf was 20 years younger would marry you,\u201d and something along the lines of wanting to lick the students\u2019 thighs, according to the report. The initially conducted an investigation after the incident was reported in July 2016, but they found his actions didn\u2019t constitute harassment. The student came forward again in March 2017, according to their testimony, because they learned that Stangl was still teaching the field course where the harassment occurred. After a second investigation, the found that Stangl had harassed the students, and a punishment was sent to Stangl by Provost Brent Carbajal was formed this year to fight Western\u2019s handling of sexual harassment and assault, Peters said. In a Human Services 404 course last winter, Brett Coleman and his students started a participatory action research project looking into how Western handles sexual assault and harassment, Peters said, which she was involved in. The project has been collecting data for three quarters now, Peters said, and focuses on students as the experts of the community. They\u2019ve studied Western\u2019s reporting process and the barriers in that process, as well as student\u2019s attitudes towards sexual violence. They also measured how students\u2019 feeling of safety changed from their first year to their last year, Peters said. Of the students surveyed, all students of marginalized identity had decreased feelings of trust and safety with the administration. 2/21/25, 7:19 Students Ask For Options to Avoid Professor Found Responsible for Harassment 4/6 Previous Former Ethics Adviser Fined For Ethics Violation Next Hosts Local Candidate Forum Leave a Reply Your email address will not be published. Required fields are marked * \u201cExcept for white, straight men. Both faculty and students said they had no difference, nothing changed for them,\u201d Peters said is a platform for students to organize and act on sexual assault and harassment, Peters said. It\u2019s also a way to act on the data that students have been collecting know that it\u2019s hard for academics and institutions to use morality as the basis for how they make decisions,\u201d Peters said. \u201cSo we figured, if we used numbers and statistics, we can show them this is what\u2019s wrong, and hopefully work toward alternatives. For them, they can take that with a little bit more validity.\u201d Update on 11/6: The Human Resources course referenced in this article is a Human Services course. Tags : ella banken , hailey murphy , Huxley , huxley college of the environment , Paul Stangl , sexual harassment , students against sexual harassment and assault Leave a Comment # Archives 2/21/25, 7:19 Students Ask For Options to Avoid Professor Found Responsible for Harassment 5/6 Comment * Name * Email * Website Notify me of follow-up comments by email. Notify me of new posts by email. Theme Thirteen Blog by Kantipur Themes 2/21/25, 7:19 Students Ask For Options to Avoid Professor Found Responsible for Harassment 6/6", "7917_103.pdf": "by: Wavelength May 11, 2018 Posters Calling Professor 'Sexual Predator' Removed The remnant of a poster that was torn down in Red Square. By Asia Fields University Police confirmed they tore down around 25 posters in Red Square on Monday, May 11 that featured a photo of Huxley professor Paul Stangl and called him a \u201csexual predator.\u201d Stangl was found by the university to have sexually harassed two students on a field course in summer 2016. Find your Frequency Search \u2026 2/21/25, 7:19 Posters Calling Professor 'Sexual Predator' Removed 1/6 The fliers had a link to a Western Front article about Stangl being allowed to continue teaching, as well as one about how the student who reported Stangl was frustrated with how Western handled her case. Paul Cocke, director of communications and marketing, said the fliers were found on multiple buildings on campus and are a violation of campus posting policy. \u201cIn addition the fliers appear malicious, with the intent to harass a University employee. Accordingly, where found on campus the fliers are being removed by University Police,\u201d Cocke said in an email. Stirling Scott, the graduate who reported Stangl, said she understands why students felt the need to put up the fliers, as the university has had little response to student concern. \u201cWestern has an opportunity to make real headway and so far the administration has shown no interest in that,\u201d she said in a text. \u201cAt the very least would like to see some of the leadership at the university demonstrate a personal interest in fixing Western\u2019s problem, rather than dismissing or silencing students.\u201d Scott said she hopes students continue to speak up to address Western\u2019s history of handling sexual assault and harassment cases poorly. \u201cIf students are concerned for their safety, the university should respond and make them feel heard,\u201d she said. 2/21/25, 7:19 Posters Calling Professor 'Sexual Predator' Removed 2/6 poster calling Huxley professor Paul Stangl a \u201csexual predator\u201d in a Miller Hall restroom stall found Friday, May 11. The poster references an Equal Opportunity Office investigation that found Stangl had sexually harassed two students. Asia Fields Review Students have expressed frustration with Huxley and the university since the Front\u2019s first article. In December, Huxley students organized a forum to express their concern with the Stangl case. They also voiced frustration with a lack of action from Huxley at a bystander intervention event put on by the environmental studies department in March, the Front reported. Sierra Carson, an urban planning major, organized the December forum. Stangl teaches in the urban planning department. Carson said the signs being torn down shows an imbalance between how the university treats Stangl and the students he harassed. \u201cThe university as a whole has more ability to protect a professor from being harassed and make a professor feel safe than make students harassed feel safe,\u201d Carson said. 2/21/25, 7:19 Posters Calling Professor 'Sexual Predator' Removed 3/6 While faculty have union representatives, students don\u2019t really have anyone on their side in situations like Scott\u2019s, she said. Students are also busy and have difficulty finding time to take care of themselves and go through the reporting process, she said. Carson is glad students are becoming more aware of what happened. She said while there were rumors, Huxley students and faculty didn\u2019t learn Stangl had been found to have sexually harassed students until a Western Front article in November. \u201cPaul\u2019s privacy was protected more than students\u2019 right to choose who they want to interact with,\u201d she said. \u201cThe university feel like, just wants it to go away.\u201d Police do not know who put the posters up, Assistant Chief of University Police Keith Williams said on Friday, May 11. Editor\u2019s note photo of the flyer was temporarily removed while we reviewed the decision to publish a potentially defamatory image. While we do not necessarily endorse or not endorse the information on the flyer, it appears to be a hyperbolic comment on a documented matter of public concern. Our role is to present discussion on campus issues, and so we have decided to include the image to provide the most information possible and allow readers to make their own opinion. We have moved from being the feature image to the middle of the article, to ensure that the information is presented in the proper context. If you have any questions or concerns feel free to contact us at [email protected] . Updated 10:20 a.m. on May 12 to include responses from Stirling Scott and Sierra Carson. Updated May 16 at 2:05 p.m. to re-add photo and editors note. , Tags : environmental studies , Huxley , Paul Stangl , posters , sexual harassment , Stangl , University Police , urban planning , Western Washington University Leave a Comment # Archives # Social Issues 2/21/25, 7:19 Posters Calling Professor 'Sexual Predator' Removed 4/6 Previous with a not-creepy gathering creator Next Battle of the Bands Leave a Reply Your email address will not be published. Required fields are marked * Comment * Name * Email * Website Notify me of follow-up comments by email. Notify me of new posts by email 2/21/25, 7:19 Posters Calling Professor 'Sexual Predator' Removed 5/6 Theme Thirteen Blog by Kantipur Themes 2/21/25, 7:19 Posters Calling Professor 'Sexual Predator' Removed 6/6"} |
7,333 | Carl Wood | Florida Gulf Coast University | [
"7333_101.pdf",
"7333_102.pdf"
] | {"7333_101.pdf": "Home Weather News Sports Business instructor fired following sexual harassment complaint By Liam Dillon Published on: 12/22/2008 Florida Gulf Coast University fired an adjunct German language and literature professor last week following an internal sexual harassment investigation that determined he had inappropriate physical contact with a 28-year-old female graduate student. Carl Wood, 67, made multiple unwelcome or offensive gestures toward the student during an all-day outing in November, including attempting to French kiss her twice when he dropped the woman off at her apartment, according to the investigation. In a Dec. 9 e-mail to Associate Provost Hudson Rogers, Wood admitted that he sexually harassed the student, but also called his actions, 'gestures of paternal affection Provost Ronald Toll fired Wood, and he is barred from contacting students. Wood also cannot visit FGCU's campus until May 31. 'Based on the nature of the incidents you are hereby terminated as adjunct faculty in the College of Arts and Sciences effective at the close of business today and you are ineligible for rehire at FGCU,' Toll wrote in a Dec. 15 letter to Wood. University Counsel Vee Leonard, who was copied on Wood's termination letter, declined comment on the firing and referred questions to school spokeswoman Susan Evans. Evans is on vacation and unavailable for comment. Wood's firing is the latest in a long year of sexual discrimination and harassment woes for the university. This year, the university settled three discrimination lawsuits for $4.85 million, including a $3.4 million payout to two former female coaches who had alleged retaliation for reporting gender equity problems. The school's then-athletic director Carl McAloose received a letter of reprimand for his treatment of the two coaches and resigned two days after their settlement was announced. Last month, the school placed two professors on administrative leave following sexual harassment allegations. Those investigations remain active. According to FGCU's investigation of this incident dated Dec. 1, Wood did not teach the student, but invited her to audit his German language class. Their work put them in regular contact but it's unclear in what capacity the student is employed by FGCU. The student said in the report she met Wood at the beginning of November and they had lunch a week later. At lunch, the student told Wood about a legal problem she had and he offered to introduce her to an attorney who might help pro bono. Through e-mail they arranged a day to go to the attorney's office together, meet Wood's wife, have dinner and then attend a Christian Bible study. When they met, Wood made numerous advances toward the student, she said. 2/21/25, 7:19 instructor fired following sexual harassment complaint 1/3 The student said in the report: When driving, Wood patted and stroked her thigh. They went to two different beaches, one at sunset. At the beach, Wood held her hand, and reached under her jacket and around her waist to touch her bare stomach. He said the jacket fit her well and she was 'very beautiful.' During dinner, which Wood's wife didn't attend, he touched her cheek and told her 'she had very smooth skin.' Following the Bible study, Wood drove the student home. In the car at the student's home, Wood kissed the student's neck, then attempted to French kiss her. The student asked what was going on, and Wood replied he didn't want to make her uncomfortable. He then attempted to French kiss her again. He left after kissing her on the lips. That night, the student called a university employee she knew and told her what happened. She said she was puzzled, confused and felt uncomfortable with Wood's behavior. The university employee told the student to file a complaint against Wood the next day. The employee also wrote a notarized statement to the university, explaining her conversation with the student. In the statement the employee wrote the student was 'very surprised' and 'not comfortable' with Wood's actions because the student 'does not know all of the customs in our country.' In her complaint, filled with the university Nov. 12, the student wrote: 'Tell him what he did is wrong. Make him stop placed Wood on administrative leave the day the complaint was filed. According to the investigation, Wood responded by describing himself as a 'very demonstrative person' who thought of the student like his daughter. He said he did not recall making inappropriate contact or comments toward the student, and said if he knew the student was offended he wouldn't have touched her at all. Asked about attempts to French kiss the student, Wood first said he had 'no recollection' of doing so, but later added it 'was not impossible he might have put his tongue into her mouth.' If he did, Wood said, it was not intended be sexual. In his e-mail to Rogers, Wood admitted soon came to see that had indeed, even though unintentionally, committed sexual harassment against my friend and admired colleague could not be more mortified that my gestures of paternal affection to this admirable young lady, who is my daughter's age came across as inappropriate or lascivious,' Wood wrote. Wood added he would like to write the student a letter of apology and attend sensitivity training man who answered Wood's cell phone Monday afternoon hung up after a reporter identified himself and the reason for calling. No one answered the door Monday evening at Wood's East Naples condominium. According to Wood's personnel file and FGCU's investigation, Wood was making $3,333.33 teaching four credit hours of Beginning German I. Wood has a doctorate in English and comparative literature from the University of California- Berkeley, has degrees in German and Russian language and taught for over 20 years at the University of Texas. 2/21/25, 7:19 instructor fired following sexual harassment complaint 2/3 Help \u00b7 Terms of Service \u00b7 Subscription Terms & Conditions \u00b7 Privacy Policy \u00b7 Site Map \u00b7 Accessibility \u00b7 Our Ethical Principles \u00b7 Responsible Disclosure \u00b7 Your Privacy Choices 2/21/25, 7:19 instructor fired following sexual harassment complaint 3/3", "7333_102.pdf": "Home Weather News Sports Business instructor suspended after sexual harassment investigation 2/21/25, 7:19 instructor suspended after sexual harassment investigation 1/5 Jeffrie Jinian By Liam Dillon Published on: 2/23/2009 Florida Gulf Coast University instructor has been suspended without pay for the remainder of the semester and ordered to attend counseling and sexual harassment training following a 2/21/25, 7:19 instructor suspended after sexual harassment investigation 2/5 harassment investigation. Jeffrie Jinian, 42, an instructor and internship coordinator in the Department of Justice Studies is not eligible to teach again until the Fall 2009 semester because he is on a nine- month contract. Jinian also will no longer be the department's internship coordinator upon his return. 'The University has reached this decision because you have been found to have engaged in repeated unwelcomed and inappropriate behaviors that had a negative effect on students Provost Ronald Toll wrote in a Feb. 20 letter to Jinian and released by the university Monday. The disciplinary action stems from complaints from multiple students, including those he taught, that Jinian asked them out and made other repeated unwanted advances toward them. Toll also wrote that Jinian intentionally deleted e-mails related to the investigation and misrepresented his academic credentials to indicate he held a doctoral degree when he doesn't. In a telephone interview, Toll called Jinian's punishment 'proportional' based on the investigation's findings. 'This university has not or will not in the future stand for unprofessional conduct of any employees,' Toll said. According to the university's investigation, at least seven students complained about Jinian's behavior to university faculty or staff. One student reported her concern about Jinian to an individual in the university's office of counseling and psychological services. The investigation, completed by Cheryl Seals-Gonzalez, director of FGCU's Office of Institutional Equity and Compliance, deemed no individual complaint against Jinian was sexual harassment. But the investigation determined Jinian's behavior 'created a hostile environment,' and recommended disciplinary action. Jinian's Naples attorney, Eric Vasquez, said Jinian's behavior was 'misinterpreted' and that he was 'disappointed' with the university's decision. 'Mr. Jinian disagrees with the interpretation of the evidence, findings and conclusions of the university,' Vasquez said. 'He does not believe he created a hostile environment.' Vasquez said Jinian is unsure if he'll appeal the decision. The Jinian investigation was the last in the string of sexual harassment or gender discrimination complaints active at FGCU, a university spokeswoman said. Since Jan. 2008, the university has paid $4.85 million to settle three gender discrimination lawsuits also fired an adjunct German language professor after an internal investigation found he sexually harassed a female graduate student and suspended without pay an associate professor in the Department of Justice studies after the school determined the professor fondled and made inappropriate comments about anatomically correct mannequins during a death investigation class. That professor, David Lounsbury, has said he would appeal the university's decision, but has yet to file a grievance, the university spokeswoman said. 2/21/25, 7:19 instructor suspended after sexual harassment investigation 3/5 Jinian earns $40,177.15 a year. He began working at in 1998 as a graduate assistant. In 2000, he was appointed as a counselor/advisor in the College of Professional Studies. In 2007, he began in his current position. Jinian had been placed on paid administrative leave pending results of the investigation in October. Toll said he was pleased to no longer have any active sexual harassment or gender discrimination complaints. 'Hopefully we will not have additional complaints like this,' Toll said. 'If there are, they will be investigated.' Sexual harassment and gender discrimination at Since the start of 2008 Florida Gulf Coast University has faced numerous sexual harassment and gender discrimination complaints and lawsuits. ? Jan. 15, 2008: Johnny McGaha, a professor and former dean of the College of Professional Studies, settles a two-year-old federal gender discrimination lawsuit against the university for up to $650,000. McGaha contended he was demoted and had his salary cut after filing a gender discrimination complaint. ? Jan. 17, 2008: Gina Ramacci, a former assistant softball coach, files an internal gender discrimination complaint after she was not reappointed as a coach. On April 30, the university found the complaint unsubstantiated. ? Jan. 18, 2008: Jaye Flood, then women's volleyball coach, files a federal gender discrimination lawsuit contending the university retaliated against her for reporting Title gender equity issues in the athletic department. Former women's golf coach Holly Vaughn later joined Flood's suit. The case was settled Oct. 14 for $3.4 million. ? April 17, 2008: Wendy Morris, former university counsel, files a federal gender discrimination lawsuit against the university contending she was retaliated against for advocating Title compliance. The case was settled Sept. 25 for $850,000. ? Oct. 31, 2008: University places Department of Justice Studies associate professor David Lounsbury and instructor Jeffrie Jinian on paid administrative leave after separate sexual harassment complaints. On Jan. 14, 2009, the university suspended Lounsbury without pay for the remainder of this semester after it determined he fondled and made inappropriate comments about anatomically correct mannequins during class. Monday, the university suspended Jinian without pay after it found he made repeated unwanted advances toward students. ? Nov. 13, 2008: Richard Pegnetter, the university's business school dean and former interim president, files an internal gender discrimination complaint after the school's attorney had criticized his handling of the Flood, Vaughn and Morris matters. The university declines to investigate, saying its outside the equity office's jurisdiction. ? Dec. 15, 2008: University fires adjunct German language professor Carl Wood after it found he sexually harassed a female graduate student including attempting to French kiss her twice following an all-day outing. 2/21/25, 7:19 instructor suspended after sexual harassment investigation 4/5 Help \u00b7 Terms of Service \u00b7 Subscription Terms & Conditions \u00b7 Privacy Policy \u00b7 Site Map \u00b7 Accessibility \u00b7 Our Ethical Principles \u00b7 Responsible Disclosure \u00b7 Your Privacy Choices 2/21/25, 7:19 instructor suspended after sexual harassment investigation 5/5"} |
7,664 | John Hoon Lee | University of California – San Diego | [
"7664_101.pdf",
"7664_102.pdf",
"7664_103.pdf"
] | {"7664_101.pdf": "Ricky Zhao / The Triton The Triton Former Professor John Hoon Lee Named in Sexual Assault Investigation by Ethan Edward Coston October 14, 2018 Updated March 4, 2023 Content warning: This article contains graphic accounts of sexual assault and sexual harassment. Former Revelle College Humanities Professor John Hoon Lee was found in violation of Sexual Violence and Sexual Harassment policy, according to an investigation report dated July 2017. Lee was placed on 2/21/25, 7:19 Former Professor John Hoon Lee Named in Sexual Assault Investigation | The Triton 1/4 investigative leave and resigned after the investigation concluded. According to the investigation report, Lee would ask students personal questions about their sex lives and lost interest when they changed the topic to something else during office hours. The students felt uncomfortable with these conversations to the point that they did not want to be near Lee\u2019s office. One of the students reported that Lee often took students to lunch off campus, but in one instance, he told her he had a surprise for her and took her to his home, where they had several glasses of wine. Lee discussed his sex life, and allegedly admitted to a previous relationship with another student. The student reported feeling dizzy, so he had her lie down in his bed, where he tied her up, sexually assaulted her, and didn\u2019t stop until she said she had a boyfriend. Emails and texts were also submitted, showing Lee asking a student to not change the route she took to class because he \u201cliked when she walked by his office.\u201d In one email, he sent a student a sexually explicit link. The student reported that Lee continuously emailed her asking to get lunch. During the investigation, Lee denied all allegations of sexual harassment, but admitted to having a student at his house and having her stand in front of a mirror because she had \u201clow self-esteem.\u201d Lee later claimed the student\u2019s testimony was flawed: He did not force her because \u201cthe act of being tied up requires consent.\u201d He said he frequently brought students to his home for one-on-one lunches and dinners because he liked feeding hungry students. He sent the investigator emails about his teaching awards and other evidence that he was a beloved teacher to prove his innocence. Lee could not be reached for comment, but according to records obtained by The Triton, Lee resigned before he could face disciplinary action. If you are in need of support services, please consider calling the following resources at the Sexual Assault Resource Center, (858) 534-5793 or [email protected]. After hours: 858-534 at is located on the fifth floor of the Student Services Center and is available to students, faculty, and staff. 2/21/25, 7:19 Former Professor John Hoon Lee Named in Sexual Assault Investigation | The Triton 2/4 Share Best Newest Oldest 1 Comment \ue603 1 Login Name Join the discussion\u2026 ? Professor Khan Reply \u2212 \u2691 6 years ago edited (Throwaway account) This is insane had this dude for humanities. Always thought he was kind of obnoxious, but never would have expected like this. 1 0 Subscribe Privacy Do Not Sell My Data 3 \uf109 Share \u203a \u00a9 2025 The Triton. Center for Community Solutions (CCS), San Diego County\u2019s rape crisis and domestic violence agency, (888) 385-4657 National Sexual Assault Hotline, (800) 656 Office for the Prevention of Harassment and Discrimination (OPHD), UCSD\u2019s Title office tasked with investigating sexual harassment and sexual assault between students. You can report incidents anonymously by using the report bias web form, calling (858) 534-8298, or emailing [email protected]. Ethan Coston is an Assistant News Editor for The Triton. You can follow him @Ethan4Books This article was updated on October 16, 2018 at 6:45 p.m previous version of the article stated that San Diego Communications Director for Student Affairs Christine Clark had personally confirmed Lee\u2019s resignation. Clark directed The Triton to the latest Title records release. 2/21/25, 7:19 Former Professor John Hoon Lee Named in Sexual Assault Investigation | The Triton 3/4 Proudly powered by Newspack by Automattic 2/21/25, 7:19 Former Professor John Hoon Lee Named in Sexual Assault Investigation | The Triton 4/4", "7664_102.pdf": "Report Details Students' Sexual Harassment Claims Against Professor By Paul Krueger \u2022 Published October 22, 2018 \u2022 Updated on October 23, 2018 at 6:17 am San Diego professor was placed on leave and later resigned after two female students reported credible allegations of sexual misconduct against him 7\u2019s Mari Payton explains the accusation against the professor. Watch News 24/7 \ud83c\udfeb Supporting Our Schools \ud83d\udcfa Free Streaming 24/7 \ud83c\udfa7 News Podcast \ud83d\udcc3 Ex\u2026 2/21/25, 7:20 Report Details Students\u2019 Sexual Harassment Claims Against Professor 7 San Diego 1/5 10-page report by the campus\u2019s Office for the Prevention of Harassment & Discrimination found that John Hoon Lee, a lecturer and administrator in the Revelle College Humanities program, violated the campus\u2019 sexual harassment policies. According to the report, which was issued July 11, 2017, but made public just last week by the school\u2019s independent, online newspaper, The Triton, campus administrators learned of the sexual misconduct allegations against Lee in February, 2017. The university launched a formal investigation on April 10, 2017. Lee\u2019s department placed him on \u201cinvestigatory leave\u201d that same day. Documents obtained by the Triton confirm that Lee later resigned from the university. The report contains detailed allegations, including complaints that Lee repeatedly asked \u201cpersonal questions about a female students\u2019 dating and sex life.\" One of the students said she felt pressured to keep discussing those intimate and uncomfortable subjects with Lee because she needed a letter of recommendation. Local 7 & Telemundo 20 are SCHOOLS! Help make an impact on the education of San Diego County students! Body found off Ocean Beach ID'd as missing kayaker last seen near Mission Beach More significantly, the other student claimed she went to Lee's home, where he served her wine that made her feel \"dizzy,\u201d then tied her to his bed and kissed her. The investigator interviewed Lee, who denied the most serious charges, and claimed much of the contact was consensual. The reports concluded that Lee violated policies on sexual harassment and created a \u201chostile environment 28 25 2/21/25, 7:20 Report Details Students\u2019 Sexual Harassment Claims Against Professor 7 San Diego 2/5 But the investigator determined that Lee did not violate \u201csexual assault \u2013 contact\u201d guidelines, which prohibit the touching \u201cwithout consent, of (specific) intimate body parts, clothed or unclothed.\u201d Student journalists Ethan Coston and Ella Chen broke the story after Coston filed a public records request for documents on campus sexual misconduct allegations. Chen, the Triton\u2019s news editor, said fellow students were surprised by the report\u2019s findings lot of my friends had this professor,\u201d Chen said. \u201cThey were like, \u2018What? No way, we love this professor. We love this guy. There\u2019s no way.\u2019\u201d Chen and Coston said the campus should have released the report voluntarily, without waiting for a public records request. In the alternative, the say administrators should have released some information much earlier in the investigatory process. \u201cWhen they put him on leave, they should have informed his current students,\u201d Coston said. He said campus administrators should be \u201cmore transparent about the process and keep students informed, because they\u2019re the ones that are being affected by this.\u201d Lee could not be found for comment on the allegations and findings in the report campus spokesperson released the following statement on the allegations and the report San Diego has no tolerance for sexual violence or sexual harassment, which are prohibited by University policy as well as federal and state law. The campus is committed to, and continuously working toward, maintaining an environment in which all students, faculty and staff are free from harassment and discrimination. The respondent in this case is no longer working for the university. The respondent was immediately placed on leave and the allegations were promptly investigated by our Title office in accordance with policies and procedures.\u201d This article tagged under 2/21/25, 7:20 Report Details Students\u2019 Sexual Harassment Claims Against Professor 7 San Diego 3/5 Weather Forecast 60\u00b0 Mostly Cloudy 0% Precip 50 74 Play Now Play War Thunder now for free Learn More Why You Should Get An Unsold Camper Van Learn More Now Is The Perfect Time To Get An Unsold Camper Van Play Now Crossout: New Apocalyptic Access all channels anywhere, anytime 2/21/25, 7:20 Report Details Students\u2019 Sexual Harassment Claims Against Professor 7 San Diego 4/5 7 Public Inspection File Accessibility Employment Information Send Feedback Applications Terms of Service Privacy Policy Cookie Notice Advertise with us Careers at 7 Notice Ad Choices Copyright \u00a9 2025 NBCUniversal Media, LLC. All rights reserved 2/21/25, 7:20 Report Details Students\u2019 Sexual Harassment Claims Against Professor 7 San Diego 5/5", "7664_103.pdf": "Ricky Zhao / The Triton The Triton Former Professor John Hoon Lee Named in Sexual Assault Investigation by Ethan Edward Coston October 14, 2018 Updated March 4, 2023 Content warning: This article contains graphic accounts of sexual assault and sexual harassment. Former Revelle College Humanities Professor John Hoon Lee was found in violation of Sexual Violence and Sexual Harassment policy, according to an investigation report dated July 2017. Lee was placed on 2/21/25, 7:20 Former Professor John Hoon Lee Named in Sexual Assault Investigation | The Triton 1/4 investigative leave and resigned after the investigation concluded. According to the investigation report, Lee would ask students personal questions about their sex lives and lost interest when they changed the topic to something else during office hours. The students felt uncomfortable with these conversations to the point that they did not want to be near Lee\u2019s office. One of the students reported that Lee often took students to lunch off campus, but in one instance, he told her he had a surprise for her and took her to his home, where they had several glasses of wine. Lee discussed his sex life, and allegedly admitted to a previous relationship with another student. The student reported feeling dizzy, so he had her lie down in his bed, where he tied her up, sexually assaulted her, and didn\u2019t stop until she said she had a boyfriend. Emails and texts were also submitted, showing Lee asking a student to not change the route she took to class because he \u201cliked when she walked by his office.\u201d In one email, he sent a student a sexually explicit link. The student reported that Lee continuously emailed her asking to get lunch. During the investigation, Lee denied all allegations of sexual harassment, but admitted to having a student at his house and having her stand in front of a mirror because she had \u201clow self-esteem.\u201d Lee later claimed the student\u2019s testimony was flawed: He did not force her because \u201cthe act of being tied up requires consent.\u201d He said he frequently brought students to his home for one-on-one lunches and dinners because he liked feeding hungry students. He sent the investigator emails about his teaching awards and other evidence that he was a beloved teacher to prove his innocence. Lee could not be reached for comment, but according to records obtained by The Triton, Lee resigned before he could face disciplinary action. If you are in need of support services, please consider calling the following resources at the Sexual Assault Resource Center, (858) 534-5793 or [email protected]. After hours: 858-534 at is located on the fifth floor of the Student Services Center and is available to students, faculty, and staff. 2/21/25, 7:20 Former Professor John Hoon Lee Named in Sexual Assault Investigation | The Triton 2/4 10 months ago 1 comment San Diego Students for Justice in Palestine (SJP) held a protest at Passes Passes Divestment Divestment \u2026 \u2026 \u2022 4 years ago 1 comment The panel will feature civil rights activist and alum Angela Davis and \u2026 Angela Angela Davis, Davis, Salih Salih Muhammad Muhammad to to Speak Speak \u2026 \u2026 \u2022 2 years ago 1 comment was standing in line at The Loft, in a skirt and a leather jacket. Why? To witness a \u2026 Late Late Night Night Spectacle: Spectacle: Muir Muir Musical Musical Dazzles Dazzles \u2026 \u2026 \u2022 5 years ago 1 comm The weekend of Ju and 14 is still sched UCSD's 2020 gradu Uncertainty Uncertainty Surr Surr \u2026 \u2026 \u2022 Center for Community Solutions (CCS), San Diego County\u2019s rape crisis and domestic violence agency, (888) 385-4657 National Sexual Assault Hotline, (800) 656 Office for the Prevention of Harassment and Discrimination (OPHD), UCSD\u2019s Title office tasked with investigating sexual harassment and sexual assault between students. You can report incidents anonymously by using the report bias web form, calling (858) 534-8298, or emailing [email protected]. Ethan Coston is an Assistant News Editor for The Triton. You can follow him @Ethan4Books This article was updated on October 16, 2018 at 6:45 p.m previous version of the article stated that San Diego Communications Director for Student Affairs Christine Clark had personally confirmed Lee\u2019s resignation. Clark directed The Triton to the latest Title records release. 2/21/25, 7:20 Former Professor John Hoon Lee Named in Sexual Assault Investigation | The Triton 3/4 Share Best Newest Oldest 1 Comment \ue603 1 Login Name Join the discussion\u2026 ? Professor Khan Reply \u2212 \u2691 6 years ago edited (Throwaway account) This is insane had this dude for humanities. Always thought he was kind of obnoxious, but never would have expected like this. 1 0 Subscribe Privacy Do Not Sell My Data 3 \uf109 Share \u203a \u00a9 2025 The Triton. Proudly powered by Newspack by Automattic 2/21/25, 7:20 Former Professor John Hoon Lee Named in Sexual Assault Investigation | The Triton 4/4"} |
9,016 | Robert Stephenson | University of Michigan | [
"9016_101.pdf",
"9016_102.pdf",
"9016_103.pdf"
] | {"9016_101.pdf": "Design by Sara Fang finds Nursing Prof. Robert Stephenson violated sexual misconduct pol- icy, fabricated evidence by Sophia Lehrbaum and Madison Hammond December 5, 2023 12/6: Professor Rob Stephenson has appealed ECRT\u2019s recommendation to dismiss him from his tenured position at the University. This is a developing story that will be updated as more information becomes available. Content warning: this article contains descriptions of sexual harassment. he University of Michigan\u2019s Equity, Civil Rights and Title Office has found Robert Stephenson, a professor in the School of Nursing, responsible for violations of the University\u2019s sexual misconduct policy for allegedly sexually harassing two Nursing students on multiple occasions, according to a Nov. 13 report obtained by The Michigan Daily. Stephenson, who has been the subject of a sexual harassment complaint for nearly two years, now faces revocation of tenure and dismissal from the Nursing School following the investigation. The decision comes six months after Nursing School Dean Patricia Hurn placed Stephenson on paid leave. 2/21/25, 7:20 finds Nursing Prof. Robert Stephenson violated sexual misconduct policy, fabricated evidence finds Nursing Prof. Rob\u2026 1/8 The initial investigation into Stephenson\u2019s misconduct began in Feb. 2022 when two former Nursing students filed a complaint with alleging Stephenson sexually harassed them, ranging from sending them sexually explicit text messages to physical sexual abuse. The two students shared their stories with The Michigan Daily in June 2023 initially concluded they found insufficient evidence to prove Stephenson violated the University\u2019s misconduct policy in a Dec. 2022 report obtained by The Daily. But the two former students filed an appeal, alleging Stephenson fabricated evidence and provided false testimony during ECRT\u2019s initial investigation. Judge Barbara Jones ordered to further investigate the case because of \u201cprocedural irregularities that materially impacted the outcome of the matter\u201d in May 2023. The follow-up investigation proved that Stephenson forged documentation and attempted to destroy evidence relevant to the case. With Stephenson\u2019s credibility weighing \u201cheavily against\u201d him ultimately concluded that Stephenson violated the University\u2019s Standard Practice Guide by sexually harassing the nursing students over text and in person. In response, Stephenson filed a lawsuit against the two former Nursing students and the University in August 2023, alleging he faced homophobic discrimination, retaliation and a violation of his constitutional rights during the investigation into his misconduct. 2/21/25, 7:20 finds Nursing Prof. Robert Stephenson violated sexual misconduct policy, fabricated evidence finds Nursing Prof. Rob\u2026 2/8 Neither Stephenson nor his lawyer, David Nacht, responded to The Michigan Daily\u2019s requests for comment. In an interview with The Daily, the two former students who filed the initial complaint reacted to these findings. They requested anonymity, citing fear of retaliation from Stephenson. As in The Daily\u2019s previous reporting on the investigation, they will be referred to as Andy and John in this article feel a sense of relief,\u201d Andy said. \u201cJust knowing that this isn\u2019t going to be something that other students or staff have to deal with really makes me feel really good.\u201d John said he hopes ECRT\u2019s findings and Hurn\u2019s decision to dismiss Stephenson will result in long-term career repercussions for Stephenson. \u201cThis should be a spotlight that\u2019s always on him,\u201d John said don\u2019t want him to get away with it somewhere else.\u201d In an email with The Daily, University spokesperson Rick Fitzgerald declined The Daily\u2019s request for comment on the investigative process into Stephenson\u2019s alleged misconduct, per policy. \u201cIt is policy to neither confirm nor deny the existence of an investigation into any form of misconduct by a member of the community,\u201d the email reads. Both the University and did not respond to The Daily\u2019s questions about how evaluates the credibility of evidence submitted in its evaluations. \u201c(Stephenson) submitted fabricated and/or falsified evidence and intentionally misled investigators concluded in their Nov. 13 report that Stephenson \u201cfabricated and/or falsified evidence and intentionally misled investigators\u201d during the course of their Feb. 2022 investigation. 2/21/25, 7:20 finds Nursing Prof. Robert Stephenson violated sexual misconduct policy, fabricated evidence finds Nursing Prof. Rob\u2026 3/8 In one instance, former students alleged that Stephenson forged documents from DataLab, a data recovery company, which Stephenson purportedly used to retrieve text messages between himself and one of the Nursing students to provide as evidence during the Feb. 2022 investigation. The Nov. 13 report found the emails Stephenson claimed to be from DataLab in the initial investigation were different from the emails found in his email records. One of the original emails from DataLab, which Stephenson deleted, stated that DataLab had not worked on data recovery with Stephenson before concluded that Stephenson had falsified the report from DataLab he presented during the initial investigation cannot locate any notes on a recovery we have completed for you,\u201d a DataLab representative wrote. \u201cIf you believe we have completed works for you potentially under another email and the relaying of info would assist, please advise as such.\u201d When contacted DataLab managing director Cameron Hansen to validate the documents that Stephenson provided in the initial hearing, one of which contained Hansen\u2019s signature, Hansen said he did not write them. 2/21/25, 7:20 finds Nursing Prof. Robert Stephenson violated sexual misconduct policy, fabricated evidence finds Nursing Prof. Rob\u2026 4/8 \u201cThe documents are not as would produce in my reporting or as would be outputs from my lab tools; nor is that my signature,\u201d Hansen wrote in an email to ECRT. The Nov. 13 report also found that Stephenson attempted to delete evidence during the post-appeal investigation conducted between May and Sept. 2023. On June 22 informed Stephenson they temporarily reestablished his Microsoft 365 access to obtain any documents necessary for the post-appeal investigation. The same day Stephenson\u2019s email access was restored, he alleged all of his emails were deleted because his account had been restricted. But the report confirmed that Jack Kufahl, chief information security officer for Michigan Medicine, told investigators Stephenson used several \u201cemail deleting tactics\u201d beginning on June 21 final report stating Stephenson\u2019s DataLab documentation was fabricated. Obtained by The Daily final report stating Stephenson\u2019s DataLab documentation w 2/21/25, 7:20 finds Nursing Prof. Robert Stephenson violated sexual misconduct policy, fabricated evidence finds Nursing Prof. Rob\u2026 5/8 \u201cThere was a great deal of moving items to the trash folder,\u201d Kufahl\u2019s interview transcript in the final report read. On a separate occasion, Stephenson claimed during the post-appeal investigation that he had hired a private handwriting analyst, Linda Clemons, to prove that John had written him an inappropriate letter. During the post-appeal investigation found the domain for Clemons\u2019 website on GoDaddy, which was registered on July 10, 2023 for a one-year period, seven days after interviewed Stephenson during the post-appeal investigation. After receiving the handwriting report supposedly from Clemons noticed multiple discrepancies. \u201c(Clemons\u2019 report) has no letterhead, no signature, and no recitation of the qualifications of the expert,\u201d the report reads. \u201cWhen requested Ms. Clemons provide her (curriculum vitae), a common request for \u2018experts,\u2019 Ms. Clemons stated the request was \u2018inappropriate\u2019 and \u2018frankly obnoxious.\u2019 \u201d 2/21/25, 7:20 finds Nursing Prof. Robert Stephenson violated sexual misconduct policy, fabricated evidence finds Nursing Prof. Rob\u2026 6/8 ultimately concluded that Clemon\u2019s handwriting expert documents were likely falsified by Stephenson, stating that they were \u201cpoorly done\u201d and did not \u201cmeet reliability standards.\u201d As a result of the appeal investigation concluded that Stephenson engaged in sexual harassment of Andy and John on numerous occasions also found that Stephenson knowingly made false statements and submitted false information during the investigative process. While Andy told The Daily he feels relieved at the outcome of the case, he also feels disappointed with how slow the University was to sanction Stephenson following the initial complaint. \u201cThe University has failed us in this process,\u201d Andy said. \u201cYes, we\u2019re relieved, but we shouldn\u2019t have had to go through almost two years of stress and anxiety and time and money to come to this conclusion.\u201d To improve the complaint process, Andy said there should be more rigorous standards and transparency on the University\u2019s part when appointing hearing officers. He urged the University to screen hearing officers to have expertise in topics relating to the complaint, such as power dynamics between faculty and students, and to thoroughly examine technological evidence presented during the hearing. John said recovering from the demanding investigation and Stephenson\u2019s alleged harassment will take time. He said he hopes he can feel at home at the University again have a deep love and affinity for the University because that\u2019s home,\u201d John said want to feel safe and want other people to feel safe when we\u2019re home. There\u2019s part of me that\u2019s always walking around feeling like still don\u2019t have all of my answers. And that has to be okay.\u201d Managing Focal Point Editor Sophia Lehrbaum and Focal Point Reporter Madison Hammond can be reached at [email protected] and [email protected]. 2/21/25, 7:20 finds Nursing Prof. Robert Stephenson violated sexual misconduct policy, fabricated evidence finds Nursing Prof. Rob\u2026 7/8 \u00a9 2025 One hundred and thirty-four years of editorial freedom Powered by Newspack Information relevant to this or any other story can be emailed to [email protected]. If you are a survivor on campus, if you faced challenges during an investigation or if you have faced barriers to reporting at all, please consider sending us your story. This is a private tip line viewable by a small team of reporters committed to this work. 2/21/25, 7:20 finds Nursing Prof. Robert Stephenson violated sexual misconduct policy, fabricated evidence finds Nursing Prof. Rob\u2026 8/8", "9016_102.pdf": "Posts in sexual misconduct by Head Steward June 7, 2023 Another Harassment Scandal at the University of Michigan ARBOR\u2014On Wednesday, June 7th, 2023, the Michigan Daily published an investigation into allegations of sexual harassment and abuse perpetrated by Professor Robert Stephenson in the School of Nursing at the University of Michigan. Two graduate students who worked under Stephenson allege that he harassed and abused them over the course of several years. The Daily investigation details the abundance of evidence provided by the abuse survivors and the Equity, Civil Rights, and Title office (ECRT) dismissed, minimized, and misinterpreted this evidence to find that Stephenson had not violated University policy. Garima Singh, co-chair of GEO\u2019s Feminist Caucus, states \u201cthis story reveals what grad workers already know: that the power hierarchies, 2/21/25, 7:20 sexual misconduct \u2013 Graduate Employees' Organization (GEO) 1/3 culture, and organizational workings of the University of Michigan enable and normalize abuse. The two grad workers victimized by Professor Stephenson showed incredible bravery and integrity by attempting to hold him accountable. That the University has fought and retraumatized them is more evidence that real change is urgently needed.\u201d 0 read more on Facebook Graduate Employees' Organization 3550 about 2 weeks ago [see second slide for important reminder] Last week, grad workers met together at the Social Work Building to have the first General Mass Meeting of the semester. In the midst of UM\u2019s austerity measures hurting grad students\u2019 job opportunities and the continued repression of Graduate Emplo Graduate Emplo\u2026 \u2026 Follow Page on Twitter Tweets by @geo3550 Events 21 9:30am z1 Grievance Committee 1pm [z1] Contract Committee 1:30pm Z2 COs Today 2/21/25, 7:20 sexual misconduct \u2013 Graduate Employees' Organization (GEO) 2/3 \u00a9 2025 Graduate Employees' Organization (GEO). Created for free using WordPress and Colibri 2/21/25, 7:20 sexual misconduct \u2013 Graduate Employees' Organization (GEO) 3/3", "9016_103.pdf": "File Photo/Daily. Buy this photo UMich Board of Regents fire nursing professor Robert Stephenson by Bronwyn Johnston July 21, 2024 This is a developing story and will be updated as more information becomes available 7/21: This story has been updated to include a comment from the University. 2/21/25, 7:20 UMich Board of Regents fire nursing professor Robert Stephenson 1/2 \u00a9 2025 One hundred and thirty-four years of editorial freedom Powered by Newspack The University of Michigan Board of Regents voted Thursday to dismiss Nursing professor Robert Stephenson, ending his tenure. Stephenson has been placed on administrative leave since May 11, 2023, after allegations of sexual harassment of two of Stephenson\u2019s former students first came to light in Feb. 2022. The University Equity, Civil Rights and Title office first found Stephenson to have violated the University\u2019s sexual misconduct policy in Nov. 2023. An investigation found that Stephenson had sexually harassed two nursing students and had interfered with the initial investigation by attempting to destroy evidence and forge documents. The Regents unanimously voted to dismiss Stephenson at Thursday\u2019s Regents meeting, citing Regents\u2019 Bylaw 5.09 as justification for the decision. The bylaw specifies procedures must be followed before a faculty member can be dismissed or demoted. University spokespeople declined to provide information about why Stephenson was fired. Summer News Editor Bronwyn Johnston can be reached at [email protected]. 2/21/25, 7:20 UMich Board of Regents fire nursing professor Robert Stephenson 2/2"} |
7,560 | Neil McCabe | South Texas College of Law | [
"7560_101.pdf",
"7560_102.pdf",
"7560_103.pdf",
"7560_104.pdf"
] | {"7560_101.pdf": "Top Stories: Giant waterpark coming to Texas | What are Abbott, Paxton texting about? | Longtime wine bar to clos Student sues college, ex-professor, claiming brutal sexual harassment By Harvey Rice, Copyright 2004 Houston Chronicle May 6, 2004 Suit claims law professor was sexual predator Suit claims law professor was sexual predator 0:00 4:18 1x Everlit federal lawsuit accuses a former law school professor, known for his public commentary on legal issues, of forcing a former student to have sex, sodomizing her and threatening to share her sexually with other faculty members. Watch More Newsletters Sign in 2/21/25, 7:21 Suit claims law professor was sexual predator 1/7 The accusations led the faculty of the South Texas College of Law to vote last year to recommend that the board of directors strip Neil McCabe, 56, of his tenure, college President and Dean James Alfini said. \"After an extensive investigation, the board acted on tenure and dismissal at the end of April 2003,\" Alfini said this week Article continues below this ad The lawsuit by student Kimmy Fox Fredericks, 31, says college officials \"were aware of McCabe's nature as a sexual predator of his female students.\" Alfini said the school took prompt action when Fredericks complained. \"Romantic relations between faculty and students are absolutely forbidden,\" he said. The lawsuit, filed April 23, claims discrimination and harassment under Title of the 1972 federal Education Amendment and seeks an unspecified amount in damages from the college and McCabe. McCabe filed a defamation of character lawsuit Jan. 15 in state civil court accusing Fredericks of stalking him after he broke off their sexual relationship. 2/21/25, 7:21 Suit claims law professor was sexual predator 2/7 McCabe and his wife, Kay Peterson, who is representing him in the defamation case, could not be reached for comment Wednesday. Peterson wrote a letter dated Jan. 20 to Bert Steinmann, the attorney representing Fredericks in the defamation lawsuit, threatening to move forward with the defamation lawsuit unless Fredericks rescinded her threat to sue. \"If she thought we were bluffing, we assume she has been disabused of that notion,\" the letter says. \"If she does not want to expose herself, her family and friends to discovery, she must do as requested.\" Steinmann said don't believe it is the normal course of business to file a lawsuit to make someone not file a lawsuit Article continues below this ad Fredericks' lawsuit alleges that McCabe was her instructor in criminal law after she became a full-time student at South Texas College of Law in 1999. McCabe, who began teaching at the law school in 1983, is a well-known legal authority often quoted by the Houston Chronicle and local radio and television outlets on legal issues. He is the author of at least two books on legal issues and numerous articles in law reviews. 2/21/25, 7:21 Suit claims law professor was sexual predator 3/7 The lawsuit accuses McCabe of taking advantage of Fredericks when she was emotionally vulnerable and \"began a campaign of control and manipulation of Fredericks under the guise of helping her with her personal and family problems.\" She had filed for divorce and was about to become an unemployed mother with two minor children, the lawsuit alleges, and \"the health of her mother and father had deteriorated to the point they would need emotional support from their daughter, which would draw her away from her studies Article continues below this ad McCabe became her mentor, arranged special testing for her, ran interference with other professors and secured a part-time job for her at a law firm where another professor worked, the lawsuit alleges. Syd Phillips, who represents Fredericks in the federal lawsuit, said, \"She never interviewed for that job. It was just given.\" The lawsuit accuses McCabe of \"sexually pressuring her\" after ensuring that she was dependent. When she resisted, he threatened the lives of her friends and family members, the lawsuit said. Finally he forced her to have sex, often in his office, and \"he brutally and forcibly sodomized her when she was `bad,' \" according to the lawsuit Article continues below this ad 2/21/25, 7:21 Suit claims law professor was sexual predator 4/7 May 6, 2004 Harvey Rice Harvey Rice worked at several other news organizations before joining the Houston Chronicle, including the Jackson Clarion-Ledger, the Mexico City News, El Financiero and UPI. While working for UPI, he was stationed in Mexico City; Washington, D.C.; Miami and London. After joining the Houston Chronicle in 1999, he covered Montgomery County and the federal courthouse in Houston before being assigned to the Galveston Bureau in 2007. He also was sent to Qatar to cover U.S. Central Command during the second Gulf War and was a member of the Enron investigative team. McCabe \"forcibly subjected Fredericks to the most vile and dehumanizing sexual conduct imaginable,\" the lawsuit says. At one point he \"suggested that at sometime in the future he would force Fredericks to have sex with other professors and officials at the college,\" the lawsuit says. Phillips said a person whom he declined to name informed the dean of student affairs about the accusations, but the dean took no action. Alfini said assume everyone here has been very open and honest with me, and everyone denies knowledge along those lines Article continues below this ad Phillips said Fredericks broke off the relationship in December 2002 after McCabe \"came to her apartment and forced himself on her and it was pretty bad.\" Around The Web Powered by 2/21/25, 7:21 Suit claims law professor was sexual predator 5/7 Find Useful Knowledge By Ethereal Search Engine Get Mortgage Advice Close to Home By Nine Kinds of Ancestors You Could Find on Your Family Tree By Four Easy Tips to Keep Your Kids Safe Online By The Close Relationship Between Stress and Sleep By Why Google Workspace for Business is Worth the Upgrade By Walmart Center for Racial Equity Update: Advancing Equity in Criminal Justice By Should You Buy an Electric Car? By Stop Paying Too Much for Your Prescriptions - Compare Prices, Find Free Coupons, By Let's Play Cross|word Really Bad Chess Bongo SpellTower Pile-Up Poker About Contact Services \u00a9 2025 Hearst Newspapers Terms of Use Privacy Notice Industry Opt Out Top 2/21/25, 7:21 Suit claims law professor was sexual predator 6/7 Your Privacy Choices (Opt Out of Sale/Targeted Ads) 2/21/25, 7:21 Suit claims law professor was sexual predator 7/7", "7560_102.pdf": "Top Stories: Giant waterpark coming to Texas | What are Abbott, Paxton texting about By Harvey Rice, Copyright 2005 Houston Chronicle June 28, 2005 Deal reached in harassment suit against law school, former professor An out-of-court settlement led a judge on Monday to dismiss a federal sexual harassment lawsuit against a prominent former law professor and the South Texas College of Law. Watch More Newsletters Sign in 2/21/25, 7:21 Deal reached in harassment suit against law school, former professor 1/4 separate defamation lawsuit in state court by former professor Neil McCabe against his accuser and the law school was unaffected by the settlement, McCabe attorney Dale Jefferson said. U.S. District Judge Lee Rosenthal dismissed the case after being notified by attorneys for McCabe; for his accuser, former law student Kimmy Fox Fredericks, 32; and for the law school Article continues below this ad H. Dwayne Newton, attorney for the law school, said the settlement still must be approved by several parties. He said its terms prevented him from discussing it. Fredericks filed her lawsuit in May 2004, accusing McCabe of forcing her to have sex, sodomizing her and threatening to share her sexually with other faculty members. 2/21/25, 7:21 Deal reached in harassment suit against law school, former professor 2/4 June 28, 2005 Harvey Rice Harvey Rice worked at several other news organizations before joining the Houston Chronicle, including the Jackson Clarion-Ledger, the Mexico City News, El Financiero and UPI. While working for UPI, he was stationed in Mexico City; Washington, D.C.; Miami and London. After joining the Houston Chronicle in 1999, he covered Montgomery County and the federal courthouse in Houston before being assigned to the Galveston Bureau in 2007. He also was sent to Qatar to cover U.S. Central Command during the second Gulf War and was a member of the Enron investigative team. McCabe filed his lawsuit in state court in January 2004, accusing Fredericks of stalking him after he ended their sexual relationship. [email protected] Around The Web Powered by An Advanced Research Tool By Ethereal Search Engine Five Reasons Your Car Insurance Rate Changes By Take on a Challenge: Make Pasta Al Limone at Home By 2/21/25, 7:21 Deal reached in harassment suit against law school, former professor 3/4 Four Easy Tips to Keep Your Kids Safe Online By Walmart Center for Racial Equity Update: Advancing Equity in Criminal Justice By Is My Space a Good Fit for Airbnb? By The Close Relationship Between Stress and Sleep By Why Google Workspace for Business is Worth the Upgrade By Get Dog Food Designed for Your Dog's Health & Happiness By Let's Play Cross|word Really Bad Chess Bongo SpellTower About Contact Services \u00a9 2025 Hearst Newspapers Terms of Use Privacy Notice Industry Opt Out Your Privacy Choices (Opt Out of Sale/Targeted Ads) Top 2/21/25, 7:21 Deal reached in harassment suit against law school, former professor 4/4", "7560_103.pdf": "Page Printed From: Copyright \u00a9 2025 Global, LLC. All Rights Reserved Alleging Sexual Harassment, Law Student Sues Former Professor law student from The Woodlands filed a Title discrimination suit last month against the South Texas College of Law in Houston and former professor Neil C. McCabe alleging she was sexually harassed and sexually assaulted while a student at the school. May 17, 2004 at 12:00 By Brenda Sapino Jeffreys | Updated on May 17, 2004 2/21/25, 7:21 Alleging Sexual Harassment, Law Student Sues Former Professor | Texas Lawyer 1/1", "7560_104.pdf": "\uf09a\uf0e1\uf099\uf02f Page Printed From: Copyright \u00a9 2025 Global, LLC. All Rights Reserved \uf09a\uf0e1\uf099\uf02f Ex-Professor Prevails in Defamation Suit Against Former Law Student The messy courthouse battle between former South Texas College of Law professor Neil C. McCabe and a student with whom he had an affair has ended three years after it began with a final judgment ordering the woman to pay McCabe a half-million dollars in damages and sanctions. McCabe had brought defamation and intentional infliction of emotional distress causes of action against Kimmy Fox Fredericks, alleging that she wrote a letter to South Texas falsely accusing him of sexually abusing her. February 23, 2007 at 12:00 By Brenda Sapino Jeffreys | Updated on February 23, 2007 The original version of this story was published on Law.Com 2/21/25, 7:21 Ex-Professor Prevails in Defamation Suit Against Former Law Student | Law.com 1/1"} |
7,370 | Michael Emerson | Hiram College | [
"7370_101.pdf"
] | {"7370_101.pdf": "Burtner v. Hiram College, 9 F. Supp. 2d 852 (N.D. Ohio 1998) U.S. District Court for the Northern District of Ohio - 9 F. Supp. 2d 852 (N.D. Ohio 1998) June 26, 1998 9 F. Supp. 2d 852 (1998) Amy BURTNER, Plaintiff, v. Hiram COLLEGE, et al., Defendants. No. 5:96-CV-1355. United States District Court, N.D. Ohio, Eastern Division. June 26, 1998. *853 Nancy C. Schuster, Patricia Koch Windham, Schuster & Simmons, Cleveland, OH, for Plaintiff. Thomas H. Barnard, Jr., Lawrence D. Pollack, Kimberly Brown Schroeder, Ulmer & Berne, Cleveland, OH, Barry R. Laine, Dennis Haines, Green, Haines, Sgambati, Murphy & Macala, Youngstown, OH, Defendants GWIN, District Judge. 2/21/25, 7:21 Burtner v. Hiram College, 9 F. Supp. 2d 852 (N.D. Ohio 1998) :: Justia 1/10 On April 27, 1998 the Defendant Hiram College filed a motion for summary judgment in this sexual harassment lawsuit arising from a relationship between a student and professor at the Ohio liberal arts college [Doc. 106]. On May 27, 1998, after seeking leave of Court, Plaintiff Amy Burtner filed another motion for summary judgment [Docs. 109, 124]. This court must now decide whether Hiram College should be held responsible for the professor's conduct. The defendant school argues it should not be liable for harassment which it did not know existed and which Burtner, if her allegations are true, failed to bring to Hiram's attention until she was awarded her diploma. Further, Hiram College argues it cannot be liable since it took prompt remedial action once it was notified of the harassment. The Court acknowledges that the perspective from which the parties argue their motions and present evidence has changed since the parties filed their papers. Still, the Court finds the evidence they have adduced is sufficient for the Court to render judgment in the wake of the Supreme Court's recent decision in Gebser v. Lago Vista Independent School District, ___ U.S. ___, 118 S. Ct. 1989, 141 L. Ed. 2d 277 (1998). After examining the evidence, the Court finds that Plaintiff Burtner cannot satisfy either the actual notice or deliberate indifference standards which the Supreme Court now holds must be established to make an educational institution receiving federal funds under Title liable for sexual harassment of students. In granting the defendant's motion, the Court also declines to exercise pendent jurisdiction over the plaintiff's remaining state claims Plaintiff Burtner filed this action against Defendants Hiram College and Professor Michael Emerson two years after graduating from the defendant school. In her amended complaint, the plaintiff alleges she had to endure quid pro quo sexual harassment in violation of Title (Count I); that she had to endure a sexually hostile educational environment in violation of Title (Count II); intentional infliction of emotional distress (Count III); tortious sexual harassment (Count IV); negligent hiring/retention (Count V); and breach of contract (Count VI). Defendant Emerson was dismissed as a party in this suit when the Judge David Dowd granted him summary judgment on Count and Count II, and dismissed without *854 2/21/25, 7:21 Burtner v. Hiram College, 9 F. Supp. 2d 852 (N.D. Ohio 1998) :: Justia 2/10 prejudice the remaining state law counts against him. Plaintiff Burtner since filed suit in district court against Emerson Hiram is a small liberal arts college with about 850 full-time students. The school receives federal funding. Plaintiff Burtner was a student at Hiram from the fall of 1990 through June 1994. She graduated magna cum laude with a bachelor of arts degree in philosophy and English. The parties dispute whether Hiram College ever had sufficient notice of Professor Emerson's alleged sexual harassment of the plaintiff. The parties also dispute whether Hiram College acted on whatever notice it received about the professor's alleged sexual harassment of students. The record discloses the following facts and events which are relevant to whether the plaintiff can satisfy the actual notice and deliberate indifference standards of Gebser: During the spring quarter of her sophomore year, Burtner enrolled in a required philosophy course Professor Michael Emerson taught. In May 1992, Emerson persuaded Burtner and her friend, \"B,\" to attend a seminar at the Northwoods Field Station in the upper peninsula of Michigan. Northwoods, located in the Hiawatha National Forest, is rustic and isolated with rudimentary plumbing, no electricity and outside latrines. During the course of this seminar, Emerson provided students with alcohol. Burtner alleges that during this summer program, Emerson began to sexually harass her. This harassment consisted of comments, innuendos, the singing of sexually suggestive songs, and some touching. From the summer of 1992 until the summer of 1993, the relationship between Emerson and Burtner did not involve sex. During the fall of 1992, Emerson wrote Burtner four or five times while she was in Cambridge, England, and encouraged her to write back to him. Emerson spent time with Burtner and \"B\" on a trip to Paris in December 1992, allegedly providing alcohol and making sexual advances toward the plaintiff. In the summer of 1993, Burtner again attended Emerson's Northwood's program. During this program, the relationship became sexual. The relationship remained sexual until the winter quarter of 1994. [1] 2/21/25, 7:21 Burtner v. Hiram College, 9 F. Supp. 2d 852 (N.D. Ohio 1998) :: Justia 3/10 In Emerson's capacity as Burtner's faculty advisor, he insisted that she enroll in his courses, and was angry and upset with her when she considered courses others taught. Plaintiff says Emerson insisted on Burtner's presence in his office on a daily basis, and he would sometimes demand sex from Burtner in his Hiram office. Throughout Burtner's time at Hiram, the defendant college had a sexual harassment policy contained in both the student and faculty handbooks. Pursuant to the sexual harassment policy, a student who believes he or she is being or has been harassed should report the matter to the college grievance officer (Kathryn Craig). Although Burtner knew Craig and once worked for her, Burtner never filed any grievance nor reported any sexual harassment to Hiram until she was leaving school. In May or June of 1993, \"M\" (one of the three female students enrolled during the summer 1992 camp) approached Hiram's grievance officer with a written complaint about Professor Emerson's conduct during the 1992 summer camp. When that officer, Kathryn Craig, informed \"M\" that Hiram could not keep her complaint absolutely confidential, \"M\" chose not to file her written complaint until the following year. [see Doc. 120, exh. 7 at 376] In that complaint relates Emerson's attempts to talk and her roommate into signing up for the camp, her estrangement from Emerson and the other students while at the camp, heavy alcohol consumption, and a series of events including public urination. She said that Professor Emerson tickled her on her thighs and on her chest \"very near my breasts.\" She also accused Emerson of making suggestive comments. *855 She said Emerson witnessed, but did not intervene to stop, a naked male student jump on \"M\" while she was sitting on a couch. She said the boy \"jump[ed] on top of me naked for approximately two minutes while proceeded to hide my face in my book and everyone else in the room laughed hysterically asked, no begged, Professor Emerson to please make [ name deleted] put his clothes on. Professor Emerson was sitting in the balcony of the main cabin and responded with smug laughter and then said, if you don't like it, tell him yourself, or else you can come up here with me. It was pitch dark up where he was sitting and the tone of his voice truly frightened me couldn't ask [name deleted] to put on his clothes because knew he wouldn't and was afraid to antagonize anyone any further.\" 2/21/25, 7:21 Burtner v. Hiram College, 9 F. Supp. 2d 852 (N.D. Ohio 1998) :: Justia 4/10 Attached to this written complaint is an addendum dated June 26, 1994, in which relates that she decided \"after thoughtful consideration, to come forward with my complaints against Michael Emerson.\" She said she had discussed her grievances against Emerson with Craig in the summer of 1993 \"but fearing both a scandal and academic repercussions chose to wait until graduation to deal with the situation.\" [see Doc. 120, exh. 6] Craig testified that she recalled \"M\"'s complaint against Emerson during the summer of 1993 as one involving grades or grading, though she admitted \"may have had a written grievance with her\" during a meeting in the spring of 1993. Craig said in that deposition that she realized \"M\"'s complaint may have involved more than just grades after speaking with the Plaintiff Burtner and her friend a year later. [see Doc. 120, exh. 7, at pp. 376, 380] In a sworn affidavit, Craig also testified that \"[p]rior to June 1994 had never received any complaints of any type regarding Professor Michael Emerson.\" [see Doc. 107, exh. A, at \u00b6 7] On June 8, 1994, after discussions with another professor regarding their situation, Burtner and \"B\" went to Hiram's grievance officer. On graduation day, June 10, 1994, Burtner and \"B\" filed a written grievance against Emerson. After several conversations with Craig, Burtner says she felt that the grievance officer was not supportive and not taking her grievance seriously. Craig contacted \"M\" in June 1994 to ask whether she wished to file her grievance against Emerson since two other women had come forward. This grievance also was forwarded to Emerson for a response. Hiram's policy permitted tenured faculty to be dismissed for sexual harassment. The result of the allegations of sexual harassment against Emerson was a letter in Emerson's personnel file which reflected that his conduct constituted sexual harassment in violation of school policy. Emerson also failed to receive a raise the next year. On August 1, 1994, Craig presented Burtner with her findings and gave Burtner the option of accepting an informal resolution of the grievance (a settlement) or rejecting it and proceeding with a full hearing. Burtner chose to sign the letter which found that Emerson sexually harassed her. The letter warned Emerson that any further infractions would jeopardize his employment with the college. This concluded the matter as opposed to proceeding with a more formal hearing. Plaintiff says Emerson remained unsupervised and uncounseled after \"M\"'s aborted complaint in May 1993, and for two academic years after Hiram reviewed Burtner's 2/21/25, 7:21 Burtner v. Hiram College, 9 F. Supp. 2d 852 (N.D. Ohio 1998) :: Justia 5/10 grievance. Dean Makosky suggested that Emerson seek other employment, which he did after the 1995-96 school year. Since February 1996, Burtner has sought counseling on a weekly basis for treatment of her depression and anger Both parties seek summary judgment. Pursuant to Rule 56, summary judgment shall be rendered if the evidence presented in the record shows that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. In assessing the merits of the motion, this court shall draw all justifiable inferences from the evidence presented in *856 the record in the light most favorable to the nonmoving party. Woythal v. Tex-Tenn Corp., 112 F.3d 243, 245 (6th Cir.), cert. denied, ___ U.S. ___, 118 S. Ct. 414, 139 L. Ed. 2d 317 (1997). However, an opponent to a motion for summary judgment may not rest upon the mere allegations or denials of his pleadings, but must set forth through competent and material evidence specific facts showing that there is a genuine issue for trial. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S. Ct. 2505, 91 L. Ed. 2d 202 (1986); Miller v. Lorain County Bd. of Elections, 141 F.3d 252, 258-59 (6th Cir. 1998 The first two counts in Plaintiff Burtner's amended complaint charge the college with separate violations of Title IX. Count makes out a quid pro quo sexual harassment claim and Count makes out a sexually hostile educational environment claim. Title provides in pertinent part that, \"[n]o person ... shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.\" 20 U.S.C. \u00a7 1681(a). Hiram College receives federal financial assistance. The Supreme Court of the United States held in Cannon v. University of Chicago, 441 U.S. 677, 99 S. Ct. 1946, 60 L. Ed. 2d 560 (1979), that Title also is enforceable by means of an implied private right of action school district can be held liable in damages under Title 2/21/25, 7:21 Burtner v. Hiram College, 9 F. Supp. 2d 852 (N.D. Ohio 1998) :: Justia 6/10 in cases involving a teacher's sexual harassment of a student. Franklin v. Gwinnett County Public Schools, 503 U.S. 60, 112 S. Ct. 1028, 117 L. Ed. 2d 208 (1992). Plaintiff's federal claims are grounded on this judicially-implied private right of action. Between the time the parties filed their motions for summary judgment and this Court's ruling, the Supreme Court decided that theories of respondeat superior liability and constructive notice are not enough to hold schools liable for sexual discrimination under Title IX. In Gebser v. Lago Vista Independent School District, ___ U.S. ___, 118 S. Ct. 1989, 141 L. Ed. 2d 277 (1998), the Court held that an educational institution's liability will depend on a showing of actual notice and deliberate indifference damages remedy is not applicable under Title \"unless an official who at a minimum has authority to address the alleged discrimination and to institute corrective measures on the recipient's behalf has actual knowledge of discrimination in the recipient's programs and fails adequately to respond.\" That response \"must amount to deliberate indifference to discrimination.\" Gebser v. Lago Vista Independent School District, ___ U.S. ___, ___, 118 S. Ct. 1989, 1999 (emphasis added). The majority opinion was explicit that Gebser did not \"affect any right of recovery that an individual may have against a school district as a matter of state law or against the teacher in his individual capacity under state law or under 42 U.S.C. \u00a7 1983.\" Id. at 2000. The Court notes that the plaintiff has another suit pending against Professor Emerson in federal court. As the facts above make clear, Plaintiff Burtner did not file her sexual harassment complaint against Professor Emerson until two days before her graduation from the Defendant Hiram College. Gebser said a damage recovery under Title was stopped \"unless an official of the school district [has] at a minimum ... authority to institute corrective measures on the district's behalf.\" Id. at 1992. The Court finds that Kathryn Craig, the director of career services and the grievance officer for the defendant during the 1993-94 school year, does meet the Gebser threshold. Burtner has presented evidence that a female student identified only as \"M\" sought to file a grievance against Professor Emerson a year earlier in June 1993. The record evidence is not clear on whether Craig was told in specific detail which female students had been at Emerson's philosophy camp in Michigan. Plaintiff Burtner was one of five invited students during the summer of 1993. The two-week for-credit course was held at a rustic lodge called Northwoods. Professor *857 Emerson was the only faculty member present. 2/21/25, 7:21 Burtner v. Hiram College, 9 F. Supp. 2d 852 (N.D. Ohio 1998) :: Justia 7/10 Certainly the events related in \"M\"'s confidential report to Craig, whenever it was filed, would have put this official on notice of a serious sexual harassment situation. However, Craig's affidavit says she first became aware of a sexual harassment complaint against Professor Emerson during June 1994 when the plaintiff and another female student first filed their complaint against Emerson. There is another reference in the record that \"M\"'s complaint chiefly concerned grades or grading. It is not clear whether Craig read \"M\"'s written complaint against Emerson in May or June 1993, or read those details tending to support sexual harassment sometime after receiving the plaintiff's grievance in the summer of 1994. If notice to Craig can be considered actual notice for purposes of Title liability, the Court finds that Hiram College did not receive actual notice of Professor Emerson's sexual harassment until the plaintiff was graduating from Hiram College. While the Gebser Court did not explain the actual notice standard, it is clear that the notice in that case was not enough to attach Title liability to the Texas school district. In that case, the high school student victim never reported the relationship to a school official. Several months before a police officer discovered the girl and her teacher in a sexual activity, the parents of two other students complained about the teacher's inappropriate comments in class. The principal met with the teacher, advised the teacher, spoke with the school guidance counselor, but never reported the parents' complaint to the school district superintendent. In Gebser, the school district lacked a formal anti-harassment policy and had not drafted an official grievance procedure for lodging complaints about sexual harassment. The teacher also lost his job and teaching license. However, the Supreme Court still held that the school district could not be held liable under Title because notice to officials at one school was insufficient to hold the district liable. Id. at 1992. The filing-upon-graduation notice here gave the defendant school little or no time to correct the problem. It tends to demonstrate that the plaintiff cannot show that the defendant school also was deliberately indifferent to her situation. The evidence adduced by the parties shows, however, that the plaintiff's complaint was processed that summer. On August 1, 1994, before the plaintiff left for graduate school in New York, she and the other female student signed off on an informal grievance procedure. Emerson also signed off on the procedure which found that he had violated the school's sexual harassment policy. Even if Plaintiff Burtner could establish actual notice in this case, she cannot show that Defendant Hiram College was deliberately indifferent to her situation after it received her 2/21/25, 7:21 Burtner v. Hiram College, 9 F. Supp. 2d 852 (N.D. Ohio 1998) :: Justia 8/10 complaint. The Court also notes that the defendant school district in the Gebser case was not found liable under Title even though it lacked a grievance policy. That case also involved a teacher's sexual activity with a young female, who was an eighth grader, a freshman and a sophomore during the relevant time period. In this suit, the complainant is a more mature college student and the defendant school did have a sexual harassment policy and grievance procedure. The Court is convinced after a review of the record that Hiram College is entitled to summary judgment on plaintiff's two Title claims Plaintiff's amended complaint also includes claims for intentional infliction of emotional distress (Count III), tortious sexual harassment (Count IV), negligent hiring and retention (Count V), and breach of contract (Count VI). Since the Court disposes of all the federal claims alleged in the plaintiff's amended complaint, only state claims remain to be litigated. The doctrine of pendent jurisdiction permits federal courts to entertain state claims which would otherwise lack subject matter jurisdiction so long as the state claim is \"joined\" with a related federal claim, the two claims arising out of the same event or connected series of events. See United Mine *858 Workers of America v. Gibbs, 383 U.S. 715, 86 S. Ct. 1130, 16 L. Ed. 2d 218 (1966). Because pendent jurisdiction is associated principally with federal question jurisdiction, where the existence of a federal claim supports jurisdiction of a pendent state claim, disposition of the federal claim allows the district court to exercise its discretion to allow any unresolved state claims to be heard in the state courts. 28 U.S.C. \u00a7 1367. The Court declines to exercise jurisdiction over the remaining state claims (Counts III, IV, V, and VI) and dismisses those claims without prejudice Therefore, the Court grants the defendant's motion for summary judgment on the Title claims on Counts and II. The remaining state law claims (Counts III, IV, V, and VI) are dismissed without prejudice as the Court declines to exercise pendent jurisdiction when the federal questions no longer remain in the case. 2/21/25, 7:21 Burtner v. Hiram College, 9 F. Supp. 2d 852 (N.D. Ohio 1998) :: Justia 9/10 The Court denies the plaintiff's motion for summary judgment. The Court also denies as moot the defendant's first motion for summary judgment [Doc. 45]; denies as moot the plaintiff's motion for an extension of time within which to respond to the defendant's second motion for summary judgment [Doc. 115]; grants the plaintiff's motion for leave to file instanter memo in opposition to the defendant's second summary judgment motion [Doc. 120]; denies as moot the defendant's motion to extend time to serve a rebuttal expert report [Doc. 126]; denies the defendant's motion to strike the plaintiff's summary judgment motion and impose sanctions [Doc. 127]; denies as moot the defendant's motion to compel the plaintiff to submit to a psychological exam [Doc. 138]; denies the defendant's motion to continue the trial [Docs. 139]; and denies the defendant's motion for leave to file a supplemental memorandum [Docs. 140 [1] Burtner v. Emerson, No. 98-CV-463. That case was filed in the United States District Court for the Northern District of Ohio on Feb. 24, 1998. Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 2/21/25, 7:21 Burtner v. Hiram College, 9 F. Supp. 2d 852 (N.D. Ohio 1998) :: Justia 10/10"} |
7,334 | Steve Eisenberg | Florida Gulf Coast University | [
"7334_101.pdf"
] | {"7334_101.pdf": "0 prof resigns after records show calls to adult hotlines, inappropriate Internet use By Whitney Bryen Posted: May 27, 2009 Florida Gulf Coast University officials planned to fire a faculty member after finding sexually explicit images on his computer and evidence of phone charges to adult hotlines but he resigned before they had the chance. Professor Steve Eisenberg, 48, resigned May 19 after university officials confronted him with more than 1,000 minutes of long- distance calls from his work phone to adult hotlines and more than 350 sexually explicit images on his work computer. The university seems to have taken more of a hard line against Eisenberg, considering two professors accused of sexual harassment involving students last year are still employed by FGCU. Professors David Lounsbury and Jeffrie Jinian were suspended without pay following sexual harassment investigations after complaints were filed against them during the fall 2008 semester. Both professors are permitted to return to teaching at the university in the fall 2009 semester. The provost began investigating Eisenberg, director of FGCU's Golf Management program and assistant professor of Resort and Hospitality Management, after a public records request brought Eisenberg's unusual phone activity to his attention. Steve Eisenberg Home Weather News Sports Business Entertainment 2/21/25, 7:22 prof resigns after records show calls to adult hotlines, inappropriate Internet use 1/4 After further review, Eisenberg's phone records showed repeated calls to two long-distance adult hotlines with $110 in charges since 2007. The total amount from the phone charges will be docked from Eisenberg's final paycheck. The investigation found inappropriate images on Eisenberg's desktop ranging from pictures of women in bathing suits to vulgar, sexually explicit images, said spokeswoman Susan Evans. Eisenberg is the fourth professor to be disciplined by the university for inappropriate sexual behavior during the 2008-09 academic year. Lounsbury, an associate professor and the coordinator of the criminal forensic studies program, was accused of touching a mannequin during class in a sexual manner. The university found that he made inappropriate sexually related comments and engaged in inappropriate behaviors. Jinian, who was an instructor and internship coordinator with the university's division of justice studies, was accused of sexual harassment by at least seven female students. The university found that he engaged in repeated unwelcomed and inappropriate behaviors that had a negative affect on students. He is no longer allowed to be the university's internship coordinator. Carl Wood, an adjunct instructor of German language and literature, was suspended after a graduate student reported Wood kissed her. He was fired a month later. Provost Ronald Toll planned to begin the process of terminating Eisenberg in a meeting on May 20 but the professor resigned the night before. In his resignation letter, Eisenberg said that he was leaving the university to accept new opportunities, including a position at a \"golf related Internet start-up company\" and to spend more time on his personal consulting company. Eisenberg has been with the university since 2004. 2/21/25, 7:22 prof resigns after records show calls to adult hotlines, inappropriate Internet use 2/4 Evans said the university staff is \"surprised and disappointed\" with the most recent incident. \"He performed very well during his time at the university,\" said Evans of Eisenberg. \"We never had any complaints about him.\" No new precautions are being taken as a result of the incident because \"it is too difficult to proactively prevent\" inappropriate Internet usage in a public university setting, Evans said philosophy senior Jeb Miners, 20, said he is disappointed in the professors for damaging the reputation of the university. \"It's unfortunate what has happened this year but think it's unfair to let the actions of a few represent the university as a whole,\" Miners said. \"This is a university with an excellent staff who shouldn't be judged on the actions of a few professors. \"As a senior have established a comfort level with my professors and one incident isn't going to change my opinion of my professors or my ability to feel comfortable on campus.\" Multiple students approached on FGCU's campus Wednesday said they had not heard about Eisenberg's resignation or the accusations against him. The spring semester at ended April 28 and summer session started Tuesday. Contact Whitney Bryen at [email protected]. 0 Share Tweet Email Print 2/21/25, 7:22 prof resigns after records show calls to adult hotlines, inappropriate Internet use 3/4 Help \u00b7 Terms of Service \u00b7 Subscription Terms & Conditions \u00b7 Privacy Policy \u00b7 Site Map \u00b7 Accessibility \u00b7 Our Ethical Principles \u00b7 Responsible Disclosure \u00b7 Your Privacy Choices \u00a9 Copyright Gannett 2025 2/21/25, 7:22 prof resigns after records show calls to adult hotlines, inappropriate Internet use 4/4"} |
7,792 | Eddie Elsey, Jr. | University of North Alabama | [
"7792_101.pdf",
"7792_102.pdf",
"7792_103.pdf"
] | {"7792_101.pdf": "\u00ab Employee Pleads Guilty to $1 Million Theft Tax Fraud Scheme Irby host meet & greet at Cigar Room Thursday night fires music professor for sexual harassment Fired music professor Eddie Elsey Jr (Photo courtesy of INSIDER)-According to administrators, they have fired music professor 38-year-old Eddie Elsey, Jr. for sexual harassment. Elsey, who resides at 1020 Linwood Avenue., Florence, was officially terminated on January 26, 2016, for sexual harassment involving a student officials say Elsey has been employed as a music instructor since 2002. University records indicate this was not Elsey\u2019s first accusation of sexual harassment. Elsey was reprimanded in 2007 for having an extra-marital relationship with a student he instructed and advised. Records also indicate, some of the instances occurred on campus. Elsey apparently appealed his termination. According to Director of University Communications Bryan Rachal, \u201cResponsibility and the decision for termination were upheld by a hearing committee composed of faculty members,\u201d \u201cWe handled this case as fairly and responsibly as possible,\u201d said Rachel. Elsey had his tenure revoked in August after the complaint was filed. He had a due process trial on Dec. 14. Elsey\u2019s firing was upheld by President Kitts on January 26, 2016. Eddie Elsey\u2019s Statement. On March 2, 2014 sent a Facebook message to a student that should not have sent. That was clearly wrong. Seventeen months later, on August 10, 2015, the young lady reported this message to Dr. David McCullough, Music Department Chair. In the interim had no inappropriate contact with the young lady have sincerely apologized to the young lady for sending the inappropriate Facebook message and for any other offense may have caused her. On April 20, 2014, the young lady forgave me. For that am grateful now ask forgiveness from the community. In doing so also feel the community should know that at no time, did ever solicit the student for sex, ask the student for a date or to meet did not send sexually explicit pictures, make sexually oriented jokes of any kind, use vulgar language, use a nickname in reference to a sexual connotation, or describe parts of the student\u2019s body never touched the student nor did spread rumors of any kind about her. Finally was not accused of, nor have ever attempted to use my position as a professor to threaten this, or any other student in any way, directly or indirectly. Over the last six months have been successful working on some personal issues have done so in order to make better decisions in all aspects of my life. It is still my prayer that may return to my teaching duties at to UNA. It is unfortunate that this is public news now because am still in the appeals process for my position. Again, to my wife and children, the student (especially the Music Department and my low brass studio students), and the Florence community as a whole ask for your forgiveness and prayers. Thank you, Eddie Elsey, Jr Contract Drafting Support Centuro Global Contact 2/21/25, 7:23 fires music professor for sexual harassment \u00ab Shoals Insider 1/2 February 10th, 2016 | Tags: Eddie Elsey Jr., Music instructor fired, University of North Alabama | Category: Local News, University of North Alabama 2/21/25, 7:23 fires music professor for sexual harassment \u00ab Shoals Insider 2/2", "7792_102.pdf": "\uf167 \uf16d \ue61b \uf39e \uf002 Search Home News Opinion Multimedia Sports Campus About News University fires professor for sexual harassment by Editor-in-Chief Kali Daniel February 4, 2016 University officials confirmed they fired professor Eddie Elsey, Jr., 1020 Linwood Ave., Florence, for sexual harassment involving a student Jan. 26. The Equal Employment Opportunity Commission defines sexual harassment as \u201cunwelcome sexual advances, requests for sexual favors and other verbal or physical harassment of a sexual nature.\u201d \u201c(He) was offered the opportunity to appeal the decision, and both the finding of responsibility and the decision for t i ti h ld b h i itt Polls Sorry, there are no polls available at the moment. Polls Archive \uf24dGallery \u2022 2 Photos termination were upheld by a hearing committee composed of faculty members,\u201d said Director of University Communications and Marketing Bryan Rachal in an email. \u201cWe followed protocol and handled this case as fairly and responsibly as possible.\u201d Elsey was a music instructor at the university since August 2002, and this was not his first offense, according to university records. In 2007, former University President William Cale reprimanded Elsey for having \u201can extramarital relationship,\u201d according to the written reprimand. It also said, \u201cSome of the extramarital activities occurred at the University.\u201d \u201cThe relationship involved a lady who was not a student, was a friend of the Elsey family and who was older than Dr. Elsey,\u201d said Elsey\u2019s attorney, James Irby. \u201cThe spouse of the lady involved was, however, a student.\u201d The university punished Elsey by reducing his pay by $2,000 for a year, restricting his eligibility for pay increase for two years and denying his eligibility for summer teaching for 2007 and 2008. In this reprimand, Cale wrote \u201cany continuing demonstration of unacceptable behavior toward the University of North Alabama will be grounds for immediate termination.\u201d The university revoked Elsey\u2019s tenure Aug. 21, 2015, and terminated him after a complaint was filed against him regarding the University\u2019s Equal Opportunity, Harassment and Non-Discrimination Policy. They found him guilty of sexual harassment. \u201cThis isn\u2019t a common occurrence, but unfortunately in any organization of our size things like this do occasionally happen,\u201d Rachal said. \u201cThe real test of an organization is how it responds when a concern is raised. We are confident that we have the processes in place to receive complaints, investigate, make good decisions and \u00a9 2025 Pro WordPress Theme by \u2022 Log in p g g ultimately hold people accountable for their actions.\u201d According to the University Grievance and Due Process Procedures, \u201cIf proper request for a hearing is made, the hearing shall be afforded not sooner than 14 or later than 21 days from the date of receipt of the request.\u201d Elsey\u2019s due process trial was Dec. 14. Officials said they could not answer why there was a delay in the hearing because the information was protected by the Family Educational Rights and Privacy Act as well as Title IX. Elsey has not had access to campus nor campus technology \u2014 including email and computers \u2014 since Aug. 22, 2015, according to university records. Kitts upheld the ruling to terminate Elsey Jan. 26, 2016. Leave a Comment The Flor-Ala The Student News Site of Univ\u2026 Enter Search Term \uf002 One Harrison Plaza Box 5300 Florence, Alabama 35632 Phone: (256) 765- 4364 Email: [email protected] Home News Opinion", "7792_103.pdf": "Home Home News News Additional Links Additional Links 2une In 2une In 2 Make a Difference 2 Make a Difference Got News Tip? Got News Tip? MardiGras MardiGras News2 Team News2 Team News Video News Video Feeds Feeds Send2News Send2News Vote Vote Weather Weather Additional Links Additional Links Local Weather Local Weather Video Forecast Video Forecast Satellite and Radar Satellite and Radar Hurricane Center Hurricane Center Severe Weather Safety Severe Weather Safety Weather Team Weather Team 24hr Live Weather 24hr Live Weather Inside the Weather Inside the Weather Sports Sports Additional Links Additional Links Best Bets Best Bets Sports News Sports News Sports Team Sports Team Sports Video Sports Video Investigations Investigations Additional Links Additional Links 2 On Your Side 2 On Your Side Investigative Unit Investigative Unit The Investigative Unit Video The Investigative Unit Video 2 On Your Side 2 On Your Side Traffic Traffic Additional Links Additional Links Gas Tracker Gas Tracker Live Traffic Cameras Live Traffic Cameras One Tank Trips One Tank Trips Traffic Center Traffic Center Interactive Map Interactive Map Health Health Additional Links Additional Links UPDATE: The Livingston Parish school system confirmed Thursday that Edwin Elsey has been UPDATE: The Livingston Parish school system confirmed Thursday that Edwin Elsey has been fired. fired. School officials released the following statement. School officials released the following statement. \"Livingston Parish Public Schools has found sufficient evidence to warrant the termination of \"Livingston Parish Public Schools has found sufficient evidence to warrant the termination of choir instructor Dr. Edwin Elsey. choir instructor Dr. Edwin Elsey. Dr. Elsey is currently on administrative leave from his teaching position with Doyle High School Dr. Elsey is currently on administrative leave from his teaching position with Doyle High School Livingston teacher fired after Investigative Livingston teacher fired after Investigative Unit report on sexual harassment at previous Unit report on sexual harassment at previous job job November 14, 2019 4:40 November 14, 2019 4:40 in in News News Source: Source By: By: Chris Nakamoto and Erin McWilliams Chris Nakamoto and Erin McWilliams Share: Share: \uf003 \uf003 \uf09a\uf09a \uf099 \uf099 \uf0d5 \uf0d5 48\u00b0 48\u00b0 2/21/25, 7:23 Livingston teacher fired after Investigative Unit report on sexual harassment at previous job 1/7 Survivor Series Survivor Series Daily Health Report Daily Health Report Get 2 Moving Get 2 Moving Sylvias Health Minute Sylvias Health Minute Videos Videos Additional Links Additional Links 2 Make Difference Video 2 Make Difference Video 2une In Video 2une In Video Health Video Health Video News Replay Video News Replay Video News Video News Video Sports Video Sports Video The Investigative Unit Video The Investigative Unit Video Weather Video Forecast Weather Video Forecast 24hr Live News 24hr Live News 24hr Live Weather 24hr Live Weather Community Community Additional Links Additional Links Good 2 Eat Good 2 Eat Business Directory Business Directory Black History Month Black History Month Cancer Survivor Stories Cancer Survivor Stories Click 2 The Pros Click 2 The Pros Crawfish Crawfish Sylvia's Toys for Christmas Sylvia's Toys for Christmas The Pledge of Allegiance The Pledge of Allegiance Wearin of the Green Parade Wearin of the Green Parade Pat's Coats for Kids Pat's Coats for Kids About Us About Us Additional Links Additional Links Advertising Advertising Apps Apps Contact Information Contact Information Employment Employment Production Production Schedule Schedule Team Team Search Search and Walker Freshman High School. and Walker Freshman High School. Dr. Elsey has been employed by the district since July 31, 2018. Dr. Elsey has been employed by the district since July 31, 2018. Superintendent Joe Murphy has directed the district to immediately conduct a comprehensive Superintendent Joe Murphy has directed the district to immediately conduct a comprehensive review of its human resources hiring policies, procedures and practices.\" review of its human resources hiring policies, procedures and practices.\" ***** ***** Trending News Trending News Group of Baton Rouge pastors say the entire parish should not be voting on Group of Baton Rouge pastors say the entire parish should not be voting on library funding reallocation library funding reallocation BRPD: Man mistakenly shoots girlfriend, dog, believing woman to be an BRPD: Man mistakenly shoots girlfriend, dog, believing woman to be an intruder intruder LIVINGSTON- The choir director at Doyle and Walker High Schools was placed on administrative LIVINGSTON- The choir director at Doyle and Walker High Schools was placed on administrative leave Wednesday afternoon pending a human resources investigation. leave Wednesday afternoon pending a human resources investigation. The move by the Livingston Parish School System comes after the Investigative Unit asked The move by the Livingston Parish School System comes after the Investigative Unit asked Wednesday morning about Eddie Elsey, Jr.'s prior termination for sexual harassment at the Wednesday morning about Eddie Elsey, Jr.'s prior termination for sexual harassment at the University of North Alabama. University of North Alabama. \"Once someone has committed an offense like that and they are rehired, that raises concern,\" said \"Once someone has committed an offense like that and they are rehired, that raises concern,\" said Rachael Hebert, Executive Director of Sexual Trauma Awareness and Response (STAR). \"Is the Rachael Hebert, Executive Director of Sexual Trauma Awareness and Response (STAR). \"Is the school watching him? Is the school going to be aware of this incident again? Will they be liable since school watching him? Is the school going to be aware of this incident again? Will they be liable since they did become aware of it before they hired him?\" they did become aware of it before they hired him?\" According to the student newspaper, The Flor-Ala, Elsey was fired in 2016 for sexual harassment. According to the student newspaper, The Flor-Ala, Elsey was fired in 2016 for sexual harassment. The paper reports, \"Elsey was a music instructor at the University since August 2002, and this was The paper reports, \"Elsey was a music instructor at the University since August 2002, and this was not his first offense according to university records.\" not his first offense according to university records.\" In a response to his termination, Elsey wrote a lengthy rebuttal saying he sent a Facebook message In a response to his termination, Elsey wrote a lengthy rebuttal saying he sent a Facebook message to a student that he shouldn't have. He called those actions \"clearly wrong.\" At the time, he said the to a student that he shouldn't have. He called those actions \"clearly wrong.\" At the time, he said the message was not sexual in nature and he never touched the student. Elsey also wrote that he spent message was not sexual in nature and he never touched the student. Elsey also wrote that he spent six months working on personal issues to make better decisions in all aspects of his life. six months working on personal issues to make better decisions in all aspects of his life reached out to Elsey Wednesday and asked for an interview about whether he made reached out to Elsey Wednesday and asked for an interview about whether he made Livingston Parish School administrators aware of what happened at his prior job before getting Livingston Parish School administrators aware of what happened at his prior job before getting hired in Livingston. hired in Livingston would be willing to discuss certain aspects of what happened and did disclose that sent an would be willing to discuss certain aspects of what happened and did disclose that sent an inappropriate letter to a student that was not under my supervision,\" Elsey responded. inappropriate letter to a student that was not under my supervision,\" Elsey responded. 2/21/25, 7:23 Livingston teacher fired after Investigative Unit report on sexual harassment at previous job 2/7 Hebert said it's astounding that Elsey was hired following his termination for sexual harassment. Hebert said it's astounding that Elsey was hired following his termination for sexual harassment. \"Schools have a duty to protect students, and when they get the knowledge that this has happened \"Schools have a duty to protect students, and when they get the knowledge that this has happened before and there is a potential predator, they need to be careful and take calculated measures to before and there is a potential predator, they need to be careful and take calculated measures to ensure the safety of students,\" Hebert said. ensure the safety of students,\" Hebert said. Hebert said Elsey's hiring raises even more questions about the decision-making that went into that Hebert said Elsey's hiring raises even more questions about the decision-making that went into that process. process. \"We are big on giving people second chances, but it's proven time and time again that people will \"We are big on giving people second chances, but it's proven time and time again that people will recommit sexual offenses,\" Hebert said. \"We need to take that into consideration when it comes to recommit sexual offenses,\" Hebert said. \"We need to take that into consideration when it comes to people working with minors.\" people working with minors.\" Livingston Parish Schools would not say how long Elsey would remain on leave or how long their Livingston Parish Schools would not say how long Elsey would remain on leave or how long their investigation would take. investigation would take. 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7,661 | Paul Sahuc | University of California – Santa Barbara | [
"7661_101.pdf"
] | {"7661_101.pdf": "News Documents Show 6 Employees Violated Title Policy March 2, 2017 at 12:51 am by Allison Garfield, Josh Ortiz and Stephany Rubio Friday, February 21, 2025 \u0000 \uf099 \uf16d 2/21/25, 7:24 Documents Show 6 Employees Violated Title Policy | The Daily Nexus 1/10 Supriya Yelimeli / Daily Nexus Six Santa Barbara faculty and staff members violated sexual violence and harassment policy between January 2013 and April 2016, according to documents obtained by the Nexus on Wednesday and nine other campuses first released Title documents on Tuesday in response to a California Public Records Act request made by the Daily Californian over a year ago. The documents identify approximately 124 Title violations across the system between Jan. 1, 2013, and April 6, 2016. Four of six cases at were reported by students, and the remaining were reported by staff. The only full-time professor named in documents was Gurinder Singh Mann, a professor of global studies. The Title office received a complaint in May 2013 from a female student alleging that Mann acted inappropriately with sexual conduct, both verbal and physical, during a research discussion meeting at Mann\u2019s home. Mann retired in 2015 but was a professor at the time of the investigation, which began in May 2013. According to the documents, the female complainant said Mann asked her to sit on his bed with him and proceeded to lay beside her. While sitting on the bed, Mann allegedly touched her neck and chest around the area of her collarbone. She said he inserted his hand inside her shirt, touched her stomach and put his face near to hers. When she confronted him, he responded that \u201che\u2019s not a dirty old man, that, for him, what he had done was just like petting his cat.\u201d The student later wrote an email to Mann saying, \u201cthis really was extremely uncomfortable for me still have nightmares about it.\u201d She also alleged that Mann, on several occasions, would rub her arm, shoulder and thigh. In the Title report, Mann denied all allegations of harassment and said his primary aim was establishing a Santa Barbara school of Sikh studies, not \u201cplaying with young people in any way.\u201d Following an investigation, the Title office concluded in August 2013 that all such claims \u201c lik l th t did \u201d d th t h d i l t d th UC\u2019 l h t li 2/21/25, 7:24 Documents Show 6 Employees Violated Title Policy | The Daily Nexus 2/10 \u201cmore likely than not did occur\u201d and that Mann had violated the UC\u2019s sexual harassment policy. The documents do not indicate actions taken by the university, and Mann has since been a guest lecturer at after his retirement. The Title office received a report in May 2014 claiming that former music department lecturer Paul Sahuc allegedly sexually harassed a former music department graduate student. The female subject claimed that Sahuc had said on multiple occasions, \u201cAre you on your period?\u201d during lessons. She also stated that he repeatedly walked into the women\u2019s dressing room unannounced while people were changing. According to the documents, several other witnesses offered information illustrating patterns of sexualized comments from Sahuc. Following an investigation, the Title office concluded that the alleged conduct \u201cmore likely than not did occur,\u201d and that both allegations violated sexual harassment policy. Supriya Yelimeli / Daily Nexus As a result, the music department declined to renew Sahuc\u2019s employment contract, effectively terminating his university employment. The Title office also received a report in April 2013 alleging that Facilities Management laborer Cresenciano Marin sexually harassed a senior custodian. The female subject had previously complained to her supervisors about Marin\u2019s conduct, but she received no resolution formal investigation began in April 2013. As detailed in the documents, the complainant said while riding in an elevator together during their shift, Marin came up behind her as she bent down and put his hand on her back without her consent and made gestures \u201cas to mock a sexual position.\u201d After she told him he was being inappropriate, he responded that he would find her later and \u201cviolate/rape\u201d her. The complainant said Marin told her on several other occasions that she should \u201csuck his dick,\u201d asked her the color of her underwear and asked if the color of her pubic hair was the same 2/21/25, 7:24 Documents Show 6 Employees Violated Title Policy | The Daily Nexus 3/10 p color as the hair on her head. The investigation also found that on an unknown date, coworkers found pornographic videos and newspaper clippings of the Nexus\u2019 \u201cWednesday Hump\u201d as well as \u201cDecember 2006 Playboy Magazine Digital Edition\u201d in his cleaning closet. Marin denied all such claims, but the Title office substantiated all 11 sexual harassment claims against him. The university terminated his employment in July 2013 following the findings of the investigation. The Title office received a report in April 2015 that a supervisor allegedly sexually harassed his female employee during an after-hours celebration at American Ale in downtown Santa Barbara. According to the report, the male subject went to hug his employee and \u201cgrabbed her breast,\u201d to which she \u201cstood stupefied\u201d and didn\u2019t say anything. She went to push him away, but he \u201cgrabbed her face and stuck his tongue down her throat.\u201d When she turned back around, he tried to hug her and \u201cbit her neck, leaving a mark.\u201d The documents report that, when the female returned to the outdoor seating area, she informed the group that she was attacked witness reported to the Title office that the same male had \u201cpinched his/her buttocks earlier that night.\u201d The male subject claimed he \u201cblacked out\u201d the night of the incident and could not respond to the allegations because he could not remember. At the time of the allegation, he was working half-time in his department, and he became a full- time employee in July 2015. As a result of the investigation required the male subject to complete the university\u2019s online sexual harassment prevention training and attend personal counseling. The Title office received a report in November 2015 that a music department lecturer allegedly sexually harassed a former music department student. The student claimed she was harassed through verbal conduct during piano lessons and that the male subject would comment on other women, saying \u201cso-and-so\u2019s boobs are hanging out,\u201d \u201cso-and-so\u2019s ass cheeks are hanging out\u201d and \u201cwomen are provocative, and the things they wear seduce men, and it\u2019s no wonder that all these women get raped.\u201d Another complainant said the music lecturer would tell her sexualized comments he made to other students like, \u201cIf this composer was here, he\u2019d want to seduce you.\u201d The male subject denied the allegations against him, but the Title office concluded that the conduct \u201cmore likely than not did occur\u201d and that the music lecturer had violated sexual harassment policy. As a result of the investigation, the male subject received a 10 percent salary reduction and a written censure. The Title office also received a report that a faculty member from the global studies department allegedly sexually harassed a fourth-year undergraduate student. According to the female complainant, the male faculty member made jokes promoting rape culture that had no relevance to the class. The jokes were, \u201cWhat was the wife\u2019s favorite sex position? Facing Nordstrom\u2019s.\u201d and \u201cWhy were the sorority girls disappointed about being gang-raped? Because they had to write so many thank-you cards.\u201d The female complainant spoke out during lecture saying that he was being inappropriate The 2/21/25, 7:24 Documents Show 6 Employees Violated Title Policy | The Daily Nexus 4/10 \uf02f Print The female complainant spoke out during lecture, saying that he was being inappropriate. The female subject dropped the global studies class that same day due to the \u201csexist classroom climate.\u201d She stated in her interview with the Title office that she could not concentrate for the remainder of the class because she was so upset by his comments. When asked what resolutions she sought through the process, she said that she did not believe the male subject should be teaching at the university. According to the report, the male faculty member wrote through his attorney that he did not use the words \u201cthe wife,\u201d \u201craped\u201d or \u201csororities,\u201d but admitted the jokes were made in poor taste. Following an investigation, the Title office substantiated one of the three sexual harassment claims against the faculty member. The documents do not indicate whether the university took further disciplinary action. According to Spokesperson Andrea Estrada, the university investigated and adjudicated all of the cases under policies and processes that have since been updated. \u201cOver the past two and a half years has taken steps to significantly change \u2014 and improve \u2014 the ways such cases are handled,\u201d she said in a statement. The Nexus also obtained the Title documents of eight other campuses Merced Los Angeles Davis Santa Cruz San Francisco Riverside Irvine and San Diego \u2014 and is currently sorting through them to determine further details. Although Berkeley has not yet sent in its documents, the Daily Cal provided the number of sexual misconduct cases listed for its campus version of this story appeared on p.1 of the Thursday, March 2, 2017, print edition of the Daily Nexus. Share this: Twitter Facebook Reddit Closer Look at Title Policy Changes March 9, 2017 In \"Campus\" Ex-Judicial Affairs Director for Hid Evidence in Title Case, Complaint Says September 21, 2017 In \"Campus Undergrad Seat on Systemwide Title Student Advisory Board Filled January 9, 2020 In \"Campus\" 2/21/25, 7:24 Documents Show 6 Employees Violated Title Policy | The Daily Nexus 5/10 11 Jason Andrew Garshfield \uf017 7 years ago \u201ccoworkers found\u2026 newspaper clippings of the Nexus\u2019 \u2018Wednesday Hump'\u201d So, how long is it before the Daily Nexus gets its own Title complaint? Don\u2019t be so quick to buy into this hysteria and removal of due process from the accused. You\u2019re not immune. You\u2019re next. Anonymous \uf017 7 years ago \uf086 Reply to yes if you also have \u201cpornographic videos \u2026 \u201cDecember 2006 Playboy Magazine Digital Edition\u201d in his cleaning closet.\u201d The nexus by itself would mean nothing but taken in totality it does. dont cherry pick bits and pieces to try and make a point, unless you think the rest of the behavior is appropriate too?. Jason Andrew Garshfield \uf017 7 years ago \uf086 Reply to object to a Title system that affords no protections to those accused, as we\u2019ve seen repeatedly over the last few years. This sort of system has a powerful chilling effect on free expression and sexual behavior, and yes, if the Daily Nexus \u201chump\u201d cartoons were used to prove a pattern of behavior that led to a Title violation, the Nexus could be next find that very concerning for free expression\u2026 but what am doing should know by now that no one in the system gives one fuck about free expression. Anonymous \uf017 7 years ago \uf086 Reply to Thats right Jason you are the only one hero that goes unrecognized except by your own over inflated sense of self and ego. get over yourself free expression has limits. didn\u2019t you graduate? Andrew Garshfield the freedom fighter for all people but the abused and oppressed. You are right sexual behavior belongs in the work place and you have no problem glossing over all of the issues of harassment, abuse and sexual assault because the Title review doesn\u2019t meet your standards. Jason Andrew Garshfield \uf017 7 years ago \uf086 Reply to I\u2019m not alone. The College Republicans and Young Americans for Liberty are doing an incredible job without me! My flame continues to burn, and am confident that it will ultimately set to the entire system. Anonymous \uf0177 years ago \uf0e7 \uf06d Jason Andrew Garshfie Jason Andrew Garshfield Jason Andrew Garshf Anonymous Jason Andrew Garshfield Jason Andrew Garshf Anonymous 2/21/25, 7:24 Documents Show 6 Employees Violated Title Policy | The Daily Nexus 6/10 o y ous \uf0177 yea s ago \uf086 Reply to Your ego is so utterly massive its gravity well is sucking in an entire solar system as we speak. Anonymous \uf017 7 years ago \uf086 Reply to Wow when i think you couldnt be a bigger douche you just have to double down and prove me wrong. You wrote couple thought provoking articles and then graduated to being the biggest dick that you could raging about imaginary injustices. Turning your writing to inane pieces of shit about how you you have suffered and that you need to fix imaginary slights. Get a life Anonymous \uf017 7 years ago Cannot believe that supervisor was half time didnt get fired and became full time shame on UCSB. Anonymous \uf017 7 years ago Wow, and the Police dept still has him working there!! Good Job PD, rewarding sexual assault because that was not wanted. (no consent) Anonymous \uf017 7 years ago \uf086 Reply to wow what a shame he should resign Anonymous \uf017 7 years ago \uf086 Reply to But Andrew Garshfield supports it. Dont oppress the cop\u2019s right to molest and assault people Jason Andrew Garshfield Jason Andrew Garshfield Anonymous Anonymous 2/21/25, 7:24 Documents Show 6 Employees Violated Title Policy | The Daily Nexus 7/10 Featured Comic 2/21/25, 7:24 Documents Show 6 Employees Violated Title Policy | The Daily Nexus 8/10 Please Don\u2019t Try to Bike Over the Hump Pls Labyrinth: Grades Search Subscribe to Our Newsletter Tweets by @dailynexus \uf09a Like us on Facebook by @dailynexopinion 2/21/25, 7:24 Documents Show 6 Employees Violated Title Policy | The Daily Nexus 9/10 2000S March 21 - April 19 Battling on the Nintendo 3DS April 20 - May 20 Trading Pok\u00e9mon cards May 21 - June 20 Building a empire June 21 - July 22 Playing \"Mario Kart\" on the Wii July 23 - August 22 Reading \"Dork Diaries August 23 - September 22 Selling duct tape wallets September 23 - October 22 Binge-watching the \"Barbie\" movies on October 23 - November 21 In time-out with a Capri-Sun November 22 - December 21 Jumping over the ZhuZhu Pets December 22 - January 19 Designing their \"Club Penguin\" avatar January 20 - February 18 Running under the parachute at school February 19 - March 20 Fighting with the rainbow loom maker Icons made by bqlqn from Home About Join Us Staff/Contact Legal Notices Advertising Send a News Tip 2/21/25, 7:24 Documents Show 6 Employees Violated Title Policy | The Daily Nexus 10/10"} |
7,566 | Jeffrey Thomas | Southern University | [
"7566_101.pdf",
"7566_102.pdf",
"7566_103.pdf",
"7566_104.pdf",
"7566_105.pdf"
] | {"7566_101.pdf": "harassment-sues-school/article_65e092a0-3d9b-11e8-8958-dbe31e617fcf.html Ex-Southern University professor, fired after accused of sexual harassment, sues school JR. | [email protected] Apr 11, 2018 Snow rest on stubs spelling Southern at the university on Friday December 8, 2017. Advocate staff photo by former Southern University assistant mathematics professor, who was fired last April after one of his female students accused him of sexual harassment and sued him, is now suing the university. 2/21/25, 7:26 Ex-Southern University professor, fired after accused of sexual harassment, sues school | Courts | theadvocate.com 1/6 Jeffrey Thomas, who says in his lawsuit that he's been \"unable to find gainful employment in his prior field\" since his dismissal, is suing the Southern Board of Supervisors for alleged wrongful termination, breach of contract and violations of his due process rights. \u201cProfessor Thomas is a cultured, talented and tenured professor \u2026 who has never been afforded an opportunity to establish the specious nature of the allegations against him, having been given no opportunity to defend himself,\u201d Chris Suba, one of Thomas\u2019 attorneys, said Wednesday. \u201cIn this silence, he has been castigated in the eyes of the university and within his community.\u201d 2/21/25, 7:26 Ex-Southern University professor, fired after accused of sexual harassment, sues school | Courts | theadvocate.com 2/6 Thomas' firing came 10 months after one of his students sued him and Southern. The woman alleges the university was negligent in handling her sexual harassment complaint to school officials. Southern spokeswoman Janene Tate said Wednesday she could not comment on Thomas\u2019 lawsuit. Thomas\u2019 accuser claims he asked her in summer 2015, \"Do you want me to grade you on your looks or your test scores?\" She also alleges Thomas propositioned her over the course of several weeks, groped her in his office and threatened to give her a in his class if she didn't sleep with him. Lawsuit: Southern professor told student 'you want to cuddle for a C?' 2/21/25, 7:26 Ex-Southern University professor, fired after accused of sexual harassment, sues school | Courts | theadvocate.com 3/6 The woman\u2019s suit says she contacted Southern officials about Thomas but was told they needed more proof, so she returned to his office and recorded him saying, \u201cdo you want to cuddle for a C?\u201d The woman claims she told him no, and as she walked away, Thomas said, referring to tuition, \u201cyour parents will have to pay all that money again.\u201d Thomas also called the woman on her cellphone, a number she had not given him, and told her that grades were due and she needed to come by his office and \u201cdo what you gotta do before give you a D.\u201d In his lawsuit, Thomas says the woman's sexual harassment complaint \"falsely alleged that Professor Thomas physically and verbally harassed the student \u2014 allegations which Professor Thomas ardently denied and continues to deny.\" 2/21/25, 7:26 Ex-Southern University professor, fired after accused of sexual harassment, sues school | Courts | theadvocate.com 4/6 The woman\u2019s attorneys, Jill Craft and Brett Conrad, said Wednesday that her audio recordings were previously turned over to Southern for use in its investigation into her allegations. Thomas\u2019 suit states that \u201cthese recordings appear to have been artificially altered as to change the import of what actually occurred.\u201d Craft denied that accusation. Thomas\u2019 suit alleges he was not given a chance to present his case during the Human Resources Department investigation prior to initially being suspended and wasn\u2019t given an opportunity to be heard and present his case to the faculty committee and to a \u201cneutral and unbiased\u201d investigatory panel. He also was not afforded a chance to take part in a tenure review process before being fired, the suit says. 2/21/25, 7:26 Ex-Southern University professor, fired after accused of sexual harassment, sues school | Courts | theadvocate.com 5/6 Thomas' lawsuit against Southern, filed April 5, seeks monetary damages and has been assigned to state District Judge William Morvant. The woman's suit against Thomas and Southern is before state District Judge Wilson Fields. It was filed in June 2016 and also seeks damages. Craft and Conrad said the woman will be graduating from Southern this year. Follow Joe Gyan Jr. on Twitter, @JoeGyanJr. 2/21/25, 7:26 Ex-Southern University professor, fired after accused of sexual harassment, sues school | Courts | theadvocate.com 6/6", "7566_102.pdf": "cuddle-for-a-c/article_b91d2daa-4551-11e6-857b-73c88903f73e.html Lawsuit: Southern professor told student 'you want to cuddle for a | The Advocate Jul 9, 2016 Advocate staff photo by -- Students at Southern University relax in front of the union building on the campus is experiencing increased enrollment numbers Southern University student says she was taken aback last summer when she asked one of her professors about her grade and, she claims, he replied, \u201cDo you want me to grade you on your looks or your test scores?\u201d But what came next was much worse, Tawan Gradney alleges in a lawsuit against the Southern Board of Supervisors and Jeffrey Thomas, an assistant professor in the math department. 2/21/25, 7:26 Lawsuit: Southern professor told student 'you want to cuddle for a C?' | Education | theadvocate.com 1/8 Gradney claims Thomas propositioned her over the course of several weeks, groped her in his office, and threatened to give her a in his class if she didn\u2019t sleep with him. Gradney, whose suit claims she rejected Thomas\u2019 advances, ended up with a in the elementary statistics course, which is required for nursing school. Gradney contends Southern was deliberately indifferent to the sexual harassment and discrimination complaint she made to school officials, who allegedly told her they \u201cneeded more proof.\u201d 2/21/25, 7:26 Lawsuit: Southern professor told student 'you want to cuddle for a C?' | Education | theadvocate.com 2/8 Southern released a statement Thursday through spokesman Henry Tillman, saying, \u201cThe University takes all allegations of sexual misconduct seriously and is committed to maintaining a safe learning, working, and living environment for all.\u201d The statement says the school has \u201cno further information on the lawsuit and no comment related to student and personnel matters.\u201d Gradney\u2019s attorney, Crystal Bounds, said Southern has instituted a disciplinary proceeding against Thomas. Thomas could not be reached for comment. Gradney is seeking monetary damages from the university and Thomas. \u201cShe was propositioned and intimidated by Thomas,\u201d Bounds said Thursday. 2/21/25, 7:26 Lawsuit: Southern professor told student 'you want to cuddle for a C?' | Education | theadvocate.com 3/8 Gradney\u2019s suit, filed June 23 in the 19th Judicial District Court, alleges she asked Thomas last July about her grade while standing in a school hallway, and he replied by asking if she wanted him to grade her on her looks or her test scores. Later that month, her suit alleges, Gradney went to Thomas\u2019 office during his office hours to once again inquire about her grade, and Thomas \u201clooked her up and down\u201d and stated don\u2019t know if can trust you\u201d and don\u2019t want you to have to drop my class.\u201d Johnson then allegedly said, \u201cRight now can guarantee you a D, but I\u2019ll give you a if you give me a hug,\u201d the suit states. 2/21/25, 7:26 Lawsuit: Southern professor told student 'you want to cuddle for a C?' | Education | theadvocate.com 4/8 Gradney alleges she became extremely uncomfortable and turned toward the door to leave when Thomas grabbed her backpack strap attached to her arm, took the backpack off, closed the door, picked her up by her waist and sat her on a desk, \u201cpositioning his body between her legs.\u201d Gradney alleges she told him to move, and began pushing and kicking, saying she wanted to leave. At that point, the suit alleges, Thomas told her, \u201cI\u2019m giving you options. Take the final and fail it or come back to my office.\u201d Gradney alleges she told Thomas she was going to study for the final. \u201cYou can study as hard as you want,\u201d Thomas allegedly told Gradney. \u201cI\u2019m gonna grade the test.\u201d 2/21/25, 7:26 Lawsuit: Southern professor told student 'you want to cuddle for a C?' | Education | theadvocate.com 5/8 As she turned again to leave his office, Gradney alleges in her suit, Thomas grabbed her buttocks. Later, on July 30, Thomas allegedly called Gradney on her cellphone, a number she had not given him, and told her that grades were due and she needed to come by his office and \u201cdo what you gotta do before give you a D.\u201d She asked what he meant, the suit says, and Thomas allegedly answered, \u201csleep with me.\u201d Gradney says she contacted university officials that same day but was told they \u201cneeded more proof.\u201d Gradney said she returned to Thomas\u2019 office and recorded him saying, \u201cdo you want to cuddle for a C?\u201d Gradney alleges she told him no, and as she walked away, Thomas said, referring to tuition, \u201cyour parents will have to pay all that money again.\u201d 2/21/25, 7:26 Lawsuit: Southern professor told student 'you want to cuddle for a C?' | Education | theadvocate.com 6/8 Gradney\u2019s suit alleges that when she told a campus police officer what happened to her, the officer stated, \u201cit happened again.\u201d The dean of students also told her, \u201cthis is not the first time I\u2019ve heard about Jeffrey Thomas,\u201d her suit alleges. In her suit, Gradney claims she was subjected to \u201cunwelcome sex-based harassment, discrimination, assault and battery\u201d by Thomas. She also alleges Southern was negligent in handling her complaint. The suit has been assigned to state District Judge Wilson Fields. Follow Joe Gyan Jr. on Twitter, @JoeGyanJr. 2/21/25, 7:26 Lawsuit: Southern professor told student 'you want to cuddle for a C?' | Education | theadvocate.com 7/8 Ex-Southern University professor, fired after accused of sexual harassment, sues school 2/21/25, 7:26 Lawsuit: Southern professor told student 'you want to cuddle for a C?' | Education | theadvocate.com 8/8", "7566_103.pdf": "Updated: Suspended Somerset Jeff Thomas taken to jail in Cambria County. Here's why. The Daily American April 26, 2022 at 9:19 Suspended Somerset District Attorney Jeffrey Thomas is facing more charges, this time from a neighboring county. Thomas was arraigned at 2 p.m. Monday before Cambria County District Judge Rick Varner for an incident that occurred May 15, nearly a year ago. The 36-year-old Windber man has been charged with misdemeanor counts of simple assault and recklessly endangering another person, plus a summary offense of harassment. According to an affidavit of probable-cause, Thomas struck his wife, Amy Thomas, about the head and face area at least 10 times with a closed fist while he was driving and she was riding in a vehicle traveling from Cambria County to Somerset County. His wife was on a FaceTime call with her sister during the assault, according to the criminal complaint. Her sister dressed and, while running to her vehicle, yelled can see you, Jeff see you hitting her,\" Trooper Meghan Flati wrote in the affidavit. When his wife's sister reached her at her in-law's home, she found her on the bathroom floor upset and crying. She said she did not want her children, who were sleeping at that location, to see her in that condition. The sister took photos of the her injuries with a time stamp on one of the photos showing 2:44 a.m. May 15, police said. Civil suit:Here's what we know about the defamation suit filed by wife of Somerset Jeff Thomas 2/21/25, 7:26 Updated: Suspended Somerset Jeff Thomas taken to jail in Cambria County. Here's why. 1/8 The photos show \"(the woman's) injuries and torn clothes which show abrasions to her scalp, swelling and bruising about her face and right cheekbone, abrasions on the tops of her hands, bruising on the front and back of her arms, and abrasions/lacerations behind her right ear,\" Flati wrote. Advertisement Silenced:How do gag orders leave attorneys in silence when applied to cases like Jeff Thomas? The sister asked to take her to the hospital for medical attention, but the wife refused, according to the affidavit. The case evolved after police received a 911 call from Amy Thomas' sister on April 9 for a domestic disturbance at the Thomas residence in Windber. While investigating this incident, the trooper was informed by the sister about a prior assault on May 15, 2021. In a separate case, Thomas faces charges of sexual assault, indecent aggravated assault, indecent assault, strangulation, simple assault and criminal trespass for an incident that occurred Sept. 18 trial in Somerset County Court of Common Pleas is set for September. According to police, Thomas entered an adult acquaintance's home that evening without permission and remained in the home even after being told to leave. Police said he then began sexually and physically assaulting the woman inside the residence. 2/21/25, 7:26 Updated: Suspended Somerset Jeff Thomas taken to jail in Cambria County. Here's why. 2/8 Advertisement Details:The attorney for Somerset Thomas is demanding these records on victim, two others. Thomas was elected in 2019. He has been absent from his post since the charges were filed, and his pay was halted several months ago. First Assistant District Attorney Molly Metzgar is acting district attorney while Thomas is on leave message was left on the voicemail of Ryan Tutera, Thomas' attorney, but he didn't respond by press deadline preliminary hearing on these new charges has been scheduled for 1 p.m. May 5 before Cambria County District Judge Kevin Price. Thomas, who had been free on bond in his sexual assault case, was taken to Cambria County Prison in lieu of a $25,000 bond. This article originally appeared on The Daily American: Somerset Jeff Thomas charged with simple assault for hitting wife 2/21/25, 7:26 Updated: Suspended Somerset Jeff Thomas taken to jail in Cambria County. Here's why. 3/8 Advertisement Related articles 2/21/25, 7:26 Updated: Suspended Somerset Jeff Thomas taken to jail in Cambria County. Here's why. 4/8 Advertisement 2/21/25, 7:26 Updated: Suspended Somerset Jeff Thomas taken to jail in Cambria County. Here's why. 5/8 Advertisement Related articles 2/21/25, 7:26 Updated: Suspended Somerset Jeff Thomas taken to jail in Cambria County. Here's why. 6/8 Advertisement 2/21/25, 7:26 Updated: Suspended Somerset Jeff Thomas taken to jail in Cambria County. Here's why. 7/8 Advertisement Related articles Advertisement 2/21/25, 7:26 Updated: Suspended Somerset Jeff Thomas taken to jail in Cambria County. Here's why. 8/8", "7566_104.pdf": "SOMERSET, Pa former western Pennsylvania district attorney was sentenced Thursday to up to seven years in prison after a jury convicted him of attacking a woman in her home. Somerset County\u2019s former elected District Attorney Jeffrey Thomas was sentenced to between just over two years to seven years in prison after a Somerset County jury found him guilty earlier this year of strangulation and criminal trespassing, both felonies, and simple assault, unlawful restraint, indecent assault and false imprisonment. He was acquitted of sexual assault and aggravated indecent assault. Thomas, 37, a Republican, is required to register with police as a sex offender for 15 years, the state attorney general\u2019s office said Former district attorney in western Pennsylvania gets prison time for attacking a woman Ex Somerset County D.A. Jeffrey Thomas is escorted to his sexual assault hearing at Somerset County courthouse by Somerset County Sheriff Dept. Dusty Weir on Thursday, Aug. 17, 2023. (Todd Berkey/The Tribune-Democrat via AP) Read More Updated 2:17 CST, August 17, 2023 Trump administration Maine governor Postal Service Voletta Wallace Beard ban 2/21/25, 7:26 Former district attorney in western Pennsylvania gets prison time for attacking a woman News 1/5 Thomas\u2019 attorney, Ryan M. Tutera, said in a phone interview Thursday they consider the sentence to be too high but that it could have been more \u201cdevastating\u201d had he not been acquitted of several charges. Tutera said Thomas maintains he\u2019s innocent of the charges. Defense lawyers say Thomas intends to appeal, citing evidence that was barred from the proceedings. \u201cWe were hoping to see him come home,\u201d Tutera said. \u201cHad the jury heard everything about the case feel confident they would have come to a different conclusion Mistrial declared after New Hampshire jury deadlocks in youth detention center rape case 2/21/25, 7:26 Former district attorney in western Pennsylvania gets prison time for attacking a woman News 2/5 The charges stemmed from a September 2021 incident in which, police said, a woman told investigators Thomas repeatedly contacted her over several years to seek a sexual relationship and would drive around her The man accused of stabbing Salman Rushdie declines to take the stand as the defense rests Man convicted of holding down boy while he was raped at a youth center gets 20- to 40-year sentence 2/21/25, 7:26 Former district attorney in western Pennsylvania gets prison time for attacking a woman News 3/5 house. After he sent her a message saying he was headed to her home, she told him to stay away, according to the arrest affidavit. Thomas showed up at her home and she told him to leave, and the physical attack followed, police said. Thomas faces unrelated charges of simple assault, reckless endangerment and harassment after state police alleged that he was seen on a video call punching a woman as the two rode in a vehicle in May 2021. He was elected in 2019 but was suspended after charges in the sexual assault case were filed 2/21/25, 7:26 Former district attorney in western Pennsylvania gets prison time for attacking a woman News 4/5 Israel identifies remains of child hostages but says another body from Hamas was not their mother Vatican says Pope Francis is \u2018improving slightly\u2019 as cardinals acknowledge resignation is possible Trump loyalist Kash Patel is confirmed as director by the Senate despite deep Democratic doubts Trump says he\u2019s considering buying used planes to serve as Air Force One amid Boeing delays Could Trump really return savings to taxpayers? 1 2 3 4 5 2/21/25, 7:26 Former district attorney in western Pennsylvania gets prison time for attacking a woman News 5/5", "7566_105.pdf": "Thomas Jeffrey Thomas Jeffrey, sketched by Thomas Bock in April 1826. Born c. 1791 Bristol, England Died 4 May 1826 Hobart, Tasmania Cause of death Execution by hanging Criminal penalty Death Details Victims (murders committed by Jeffrey, Russell and Perry) \"Sutherland's man\"; Isaac Beechy; John Tibbs (infant); Constable Magnus Bakie; Edward Russell Country Australia State(s) Tasmania Date apprehended 22 January 1826 Thomas Jeffrey Thomas Jeffrey (surname also recorded as Jeffery, Jeffries, Jeffreys or Jefferies) was a convict bushranger, murderer, and cannibal in the mid-1820s in Van Diemen's Land (now Tasmania, Australia). In contemporary newspaper reports of his crimes, he was frequently described as a 'monster'. Jeffrey and three other convicts absconded from custody in Launceston in December 1825 and were subsequently responsible for five murders characterised by extreme violence, including the killing of a five-month-old infant. Another victim was a member of the gang, killed while he slept and his flesh consumed by his companions. Jeffrey was captured in January 1826; he was tried in Hobart and convicted of various of his crimes. Jeffrey was executed by hanging at Hobart in May 1826. Thomas Jeffrey was born in about 1791 in Bristol, England, the son of a butcher. He received seven years of schooling, after which he served aboard the British naval warship Achille. After four years and seven months, he deserted from the Navy, claiming \"cruel usage\". Jeffrey then went to London where he enlisted in the Army as a drummer. After two years and nine months, he deserted again and returned to sea on the frigate Leander.[1] In 1814, Jeffrey returned to Bristol where he began to exhibit sociopathic behaviour, stealing from his father and other relatives before returning to London. There, he stole from an uncle and Captain Dower, a relative of his mother's, before leaving London and moving from one place to another. He joined three men armed with pistols and began robbing farmers as they returned from market. On one occasion, between Lincoln and Gainsborough in the East Midlands, Biography Background 2/21/25, 7:26 Thomas Jeffrey - Wikipedia 1/16 they accosted an old farmer who refused to hand over his money. One of Jeffrey's accomplices shot him dead and they left his body in a ditch, stealing \u00a369 from their victim. The four men drank and gambled until they were apprehended near Hull on suspicion of murdering the farmer. They were detained in gaol for six months and finally released due to a lack of evidence.[2] After his release, Jeffrey returned to his home town where his sister gave him \u00a35 on the condition he leave Bristol. He returned to the East Midlands where he and three accomplices broke into and stole from a house in Nottingham. One of the men was apprehended a few days later, giving information against the others that led to their arrest at nearby Leicester.[3] At the time of his arrest in 1817, Jeffrey's occupation was recorded as painter and glazier.[4] Jeffrey was convicted in the Nottingham Assizes on 29 July 1817, receiving a sentence of transportation for life.[5] After a period in gaol, Jeffrey was transferred to the prison hulk Retribution, moored at Woolwich on the River Thames.[3][6] In September 1819, he was transported to the colony of New South Wales aboard the Prince Regent with 161 other convicts.[4] In consideration of his previous experience at sea, during the voyage Jeffrey had his irons removed so he could work as a seaman.[3] The Prince Regent arrived at Port Jackson in Sydney on 27 January 1820.[4] Jeffrey was initially assigned to a settler named Brown on the Hawkesbury River. Later, he was assigned to work on the crew of a boat based at Cockle Bay on Port Jackson. One night, he was apprehended by the police for stealing oranges from an orchard on Parramatta River, for which he was sentenced to 100 lashes and two years in the Newcastle coalmines. Jeffrey and six others subsequently absconded from a convict work-gang at Limeburners Creek near the Karuah River north of Newcastle and made their way south to the Sydney region. During their journey through the bush, two of the escaped convicts were murdered and eaten by the others. The five remaining absconders were apprehended when they reached Parramatta.[7] Jeffrey was sent \"over the Blue Mountains\" but absconded after only three weeks with three other prisoners. They made their way to Emu Plains, where they survived by opportunistic stealing. After his companions gave themselves up, Jeffrey joined with a large group of escaped convicts in The Cowpastures district but was betrayed, apprehended, and taken to Parramatta Gaol where he was put in irons. Eventually, Jeffrey was taken before the magistrate John Macarthur to whom he provided information that led to the apprehension of his erstwhile companions (who were later sent to the Port Macquarie penal settlement). Macarthur decided to send Jeffrey, the intractable absconder, to Van Diemen's Land.[8] Jeffrey was transported to Van Diemen's Land aboard the brig Hawies, arriving on 1 January 1822 at Port Dalrymple at the mouth of the Tamar River. By August 1822, Jeffrey had been assigned as an overseer of a work-gang at the George Town gaol.[9][5] On the evening of 13 June 1824, Chief Constable George Lawson visited the George Town watch- house and found one of the prisoners absent. He went to the nearby Ship Inn where he found the prisoner, Joseph Smith, and returned him to the watch-house. When he returned, Lawson was Transportation Van Diemen's Land 2/21/25, 7:26 Thomas Jeffrey - Wikipedia 2/16 informed by the watch-house keeper that Jeffrey, \"a Prisoner and overseer of the Gaol Gang\", had been trying to break through the wall with a pick-axe. Lawson went inside and ordered Jeffrey to a cell. Jeffrey was abusive, appeared to be intoxicated, and refused to obey. Lawson then left to seek assistance. He returned with three constables and ordered them to put Jeffrey in irons. The convict overseer then drew a knife, made several thrusts at Lawson and told them \"he would stab the first man that should attempt to put him in irons\". Lawson succeeded in knocking the knife from Jeffrey's grasp, and he was restrained and placed in a cell. Jeffrey was later transferred to the George Town Gaol and sentenced to twelve months in the Macquarie Harbour Penal Station for \"threats to stab Chief Constable Lawson\".[10][5] However, Jeffrey was never transferred to Macquarie Harbour; instead, he was put to work in a \"Public Works\" gang at George Town.[11] On 1 February 1825, he absconded from the work-gang. Jeffrey's details were published in the Hobart Town Gazette, alongside a long list of other runaway convicts. The description given of Jeffrey was of a 35-year-old, standing 5 feet 91\u20444 inches (176 cm) tall, having brown hair and brown eyes, with tattoos of a \"castle, hearts, and darts, flower pots, and several other marks\" on his left arm. In common with others on the list, a reward of two pounds was offered for his apprehension.[12] It is likely that Jeffrey was recaptured soon afterwards, with his conduct record noting that he received a punishment of fifty lashes and hard labour in the gaol work-gang.[5] By April 1825, Jeffrey was transferred further up the Tamar Valley to Launceston, where he was assigned as flagellator at the Launceston Gaol.[11] Jeffrey very soon became known as a vicious flogger of men who \"appeared to delight in the torture which he inflicted\".[13] In April 1825, it was reported that the Commandant of Launceston Gaol \"thinks that by a very severe mode of flogging, he will repress all disorders\". To this end, he had engaged \"a very strong man\" as flagellator. The correspondent claimed to have personally witnessed two men recently flogged, \"who were cut round into the throat, under the armpits, and on the belly and ribs of the right side\". Most, it was claimed, were being punished for \"trifling crimes, such as being too late for muster, or absent from work\". The writer added am afraid this mode will drive many into the bush; for have heard some declare that sooner than receive one hundred lashes they would do something to get hanged!\".[14] Jeffrey's conduct record states that he was reprimanded on 24 May 1825 for \"neglect of duty\". On 3 August, he was fined ten shillings for being drunk and disorderly.[5] By this stage, Jeffrey was referred to as the watch-house keeper as well as flagellator. In the confession made prior to his execution, Jeffrey laments the responsibilities given to him after his relocation to Launceston \"where drink was the total ruin of me was made watch house keeper[,] a situation unfit for a drunkard\".[15] On 25 August, Jeffrey was fined half his salary for \"falsely imprisoning & assaulting\" Mrs. Elizabeth Jessop, a free woman.[5] The incident, which began on the evening of 20 August, was the subject of differing accounts by Jessop herself and another woman, Mrs. Ann Sharman. Common to both accounts is that Mrs. Sharman had been confined to the watch-house and Mrs. Jessop visited her there, bringing bedding and food. Sharman described Jessop as being \"very tipsey\" and abusive towards Jeffrey, the watch-house keeper. Jeffrey then confined Mrs. Jessop to the same cell as Mrs. Transfer to Launceston 2/21/25, 7:26 Thomas Jeffrey - Wikipedia 3/16 Sharman, for the reason of her \"using ill language towards him\". Later in the night Jeffrey entered the cell in an undressed state and attempted sexual contact with Mrs. Jessop, though by both women's accounts he was rebuffed. He allowed Jessop to leave the following morning.[16][17] On 20 October 1825, Jeffrey was fined 20 shillings from his salary for having taken \"a female prisoner out of the watch house\".[5 correspondent to the Colonial Times later observed: \"The treatment of many women who had been placed under his charge in the watch-house, is monstrous beyond description\". In the same article it was asserted that Jeffrey had boasted \"of the favour he received\" from Peter Mulgrave, the Launceston Police Magistrate, claiming the magistrate \"would never believe any thing against him\".[18] On the night of Sunday 11 December 1825, Jeffrey absconded from lawful custody into the bush in company with three other convicts: John Perry, James Hopkins, and Edward Russell.[19] Jeffrey's companions were said to have been amongst those in custody, and \"it was agreed amongst them, that they should all take to the woods\". The specific reason for Jeffrey giving up the position of watch- house keeper is not known, but on the night it occurred, the escape was expected by the police. The Police Magistrate Mulgrave and a number of constables had \"placed themselves in ambuscade to detect them in the act of breaking out\".[20] There may have been a degree of fatalism in Jeffrey's decision to abscond; on that night (as he later stated), he \"was resolved for nothing but immediate death\". Jeffrey had locked the other prisoners in their cells and, as he and his companions left the watch-house at about midnight to begin their escape, they \"saw three men standing waiting\". They drew back, intending to check the rear of the building, but suddenly a pistol shot rang out and the four convicts decided to run, jumping the lumberyard fence and escaping to \"the long black hills\". Jeffrey had departed with a pistol, though in their hasty departure, he had left behind a knapsack he had packed.[21] Each of Jeffrey's three companions had also been sentenced to transportation for life: John Perry was about 22 years of age and a native of Battersea, standing 5 feet 51\u20442 inches (166 cm) tall, with brown hair and dark grey eyes; he was employed as a bricklayer's labourer and was tried for \"felony\" in county Surrey in December 1822, sentenced to life; arrived in Van Diemen's Land aboard the Commodore Hayes in August 1823; he had previously absconded from a \"Public Works\" gang at George Town on 4 February 1825; he \"violently assaulted\" Thomas Banks in July 1825 and was ordered to work in the Gaol work-gang for two months; on 20 November 1825 he absconded from George Town for which he received 50 lashes and was to be removed to Maria Island (not carried out due to him absconding from the Launceston watch- house).[22][12][23] James Hopkins was about 20 years of age and a native of Chosedale, county Gloucestershire, standing 5 feet 21\u20442 inches (159 cm) tall, with brown hair and grey eyes; he worked as a stocking weaver and was tried for burglary at the Gloucester Assizes in April 1821, sentenced to life; arrived in Van Diemen's Land aboard the Claudine in December 1821; previously absconded from a \"Public Works\" gang at Launceston in March 1825.[12][24][25] Edward Russell was tried for burglary in county Surrey and sentenced to transportation for life; he was a recent arrival in the colony, arriving in Van Diemen's Land aboard the Medina in September 1825.[26][27] Escape to the bush 2/21/25, 7:26 Thomas Jeffrey - Wikipedia 4/16 In need of supplies, the four absconders stopped at the hut of a man named Smith at The Springs, 8 miles (13 km) south of Launceston. Jeffrey bailed up two men in the hut and took a musket, gunpowder, some flour, and a knapsack.[21] Two days later, the escaped convicts arrived at a farm belonging to Captain Andrew Barclay on the South Esk River near Perth (13 miles south of Launceston). At a hut on the farm, they took a \"fowling piece\" (shotgun) and provisions, forcing the two occupants to walk with them into the bush before releasing them.[28] On 14 December, \"Jeffries, the flogger, and his gang\" robbed a stock-hut near land on the South Esk River belonging to Rowland Loane. As they left, \"they stated their intention of joining Brady and his gang\".[29] Matthew Brady and his gang of bushrangers were at the time notorious in Van Diemen's Land, having been at large and active throughout the island for eighteen months after escaping from the penal station at Macquarie Harbour in a whaleboat.[30] It is possible that Jeffrey and his companions made contact with Brady's gang of bushrangers soon afterwards but their offer to join with Brady's gang was refused. Later on, in early January 1826, Brady's group robbed a settler named Haywood in the vicinity of Hobart. During the robbery, the bushrangers informed Haywood that Jeffrey \"had tendered them his services, and had been rejected\".[31] At about this time, the fugitives stole a musket, 30 pounds (14 kg) of mutton, and 6 pounds (2.7 kg) of salt from the dwelling of Joseph Railton at Spring Plains in the Evandale area (a crime for which Jeffrey, Perry, and Hopkins were later convicted).[32] After the raid on Railton's place, James Hopkins separated from his companions.[33] Later Jeffrey, Perry, and Russell approached \"Bateman's hut\" (possibly John Batman's hut on the South Esk River). As Jeffrey neared the door of the dwelling, two men appeared holding muskets but dropped them at the bushranger's command. Another two men were found inside, one of them injured in bed. After gathering supplies from the hut, they forced the three men able to walk to carry the goods 9 miles (14 km) to the foot of the surrounding mountains where they were given their freedom.[33] On about 16 December, the four bushrangers arrived on James Sutherland's 'Rothbury' run, described as a \"grazing farm\", on the Isis River between Cressy and Campbell Town. They evidently felt secure as they rested there for about ten days, feasting on slaughtered stock from the run. On Christmas Day, they looted an unoccupied tent hut on the property and drank a bottle of rum they found inside. As the bushrangers were walking away, suddenly a shot was fired ahead of them. As they moved cautiously forward, two men armed with muskets were sighted. Jeffrey told them to drop their arms, to which they responded by demanding their identities. When Jeffrey said who he was, one of the men ran off and Jeffrey and the remaining man exchanged shots, resulting in the man receiving a thigh wound. As Jeffrey and his companions approached the wounded man, who appeared to be drunk, he began to abuse them. According to Jeffrey's later accounts, as they drew nearer Russell came up behind and shot the wounded man in the head, killing him.[34][35] The murdered man was never identified in newspaper reports, described only as \"Mr. Sutherland's man\".[36] The murder and its implications imbued the bushrangers' actions with a renewed sense of urgency. In a hut about 800 yards (730 m) from Sutherland's house, they found a man asleep. After they woke him, he told them that seven of Sutherland's men had lay in wait for them in the hut the previous Murder on Sutherland's run 2/21/25, 7:26 Thomas Jeffrey - Wikipedia 5/16 night and that a number of parties were out searching for them. The bushrangers took the man to show them where to ford the river. After crossing the Isis, they raided \"Young's residence\", occupied by an old man named McShann. They gathered supplies and forced their two captors to accompany them as they escaped into the bush, releasing them unharmed the next day.[37] On the morning of 31 December 1825, Jeffrey, Perry, and Russell approached two men splitting wood near the hut of a settler named George Barnard that was situated on the Tamar River (in the vicinity of the modern Launceston suburb of Rocherlea). The bushrangers took the two splitters captive but decided not to rob Barnard's hut. Instead, they went towards the house of John Tibbs, who had a grant of land at The Swamp, towards Mowbray Hill (about 5 miles (8 km) from Launceston).[37][38] As they approached late in the morning, they encountered a young man named Samuel Russell engaged in felling trees. They bound his hands and took him towards the house, where he was ordered to call out his master. When Tibbs appeared, he was ordered to stand. Tibbs, his wife Elizabeth, their five- month-old son John, and one of Barnard's men (named Walker) were taken back into the bush by one of the bushrangers, while Jeffrey and his other companion selected articles from the house for plunder. The goods were put into a bag and knapsack and carried back into the bush by the other of Barnard's men and Tibbs' man, pushed along by the two bushrangers. When the two groups met up, they proceeded towards Mount Direction, keeping a distance from the public road.[39] After a while, they came upon a man named William Franklin driving Barnard's cart and bullocks. Jeffrey bailed him up and ordered him to join the other captives. During this encounter, a stockkeeper named Isaac Beechy appeared from a neighbouring property owned by a Mr. Basham. Either Perry or Russell confronted Beechy and ordered him to stand; he resisted at first but was eventually made to join the growing band of captives. After the group had travelled a further 2 miles (3 km), it was decided to separate the captives.[39] Perry and Russell took charge of Tibbs his wife, and his child, as well as Beechy and one of Barnard's men. Before the groups separated, both Tibbs' and Beechy's hands were tied due to indications of growing resistance from both men. Jeffrey took charge of the more compliant group, made up of Franklin the bullock driver, one of Barnard's men, and Tibbs' man and went ahead of the other group.[40][38] The larger group of captives had gone only about another quarter of a mile (400 m) when Russell lost his patience; he \"ordered Tibbs and the Stockkeeper to say their Prayers\" after which Russell shot Beechy with his pistol. Perry then fired at Tibbs with a musket he had previously loaded with \"gunpowder and seven pistol balls\", wounding him in the neck. Despite his wound, Tibbs attempted to run away. Perry ran after him and knocked him to the ground with his musket, but Tibbs' hands had become loose and he managed to regain his feet and escape.[40] Despite his wound, Tibbs was able to reach Launceston where he raised the alarm, prompting an immediate response from the residents. When the first of the rescuers reached the scene, they found Isaac Beechy, severely wounded, but no sign of Elizabeth Tibbs and her infant.[38] Despite medical attention, the stockkeeper eventually died from his wound on 9 January 1826.[41] Jeffrey's only recorded response to the shooting of Beechy and Tibbs was: \"had not the two men been so jolly they would not have been shot at\".[42] The raid on Tibbs' farm 2/21/25, 7:26 Thomas Jeffrey - Wikipedia 6/16 When Perry and Russell and their remaining captives (including Mrs. Tibbs and her child) caught up with Jeffrey and the other captives, the group kept moving in a northerly direction, the bushrangers anxious to avoid the parties that would be searching for them.[42] After a while Jeffrey took the child from his mother, probably because she was not walking as fast as the bushranger wished her to.[35] Tibbs' man, Samuel Russell, deposed: \"my mistress had begged Jeffries not to take her child from her\". He described how Jeffrey and Russell separated from the group, taking the child with them. Elizabeth Tibbs was crying and \"said the villain is gone to murder my child\". By this stage, they were at the back of Barnard's farm. After about fifteen minutes, Jeffrey and Russell arrived back without the child and Jeffrey told Mrs. Tibbs he had \"sent it to Mr. Barnard's by one of his Men\".[39] However, Jeffrey had lied; either he or Russell had killed the child by swinging him by his feet and smashing his head against a tree.[43] When this shocking murder became known, newspaper reports provided more lurid details. The Colonial Times reported that when Jeffrey returned, Elizabeth Tibbs frantically asked after her child and the bushranger told her \"he had dashed its brains out, and that the little innocent had smiled upon him in the bloody act\".[41] The three bushrangers and their captives kept moving through the bush until dark, when they stopped and made a fire. Jeffrey made some tea and offered it to Mrs. Tibbs and Samuel Russell. Jeffrey ordered the other bushrangers to keep watch. He then made a bed \"with a Blanket and a kangaroo rug over it\" about six yards (5 m) from the fire and \"he obliged Mrs. Tibbs to lay... with him\". By his later deposition, Samuel Russell \"heard no conversation pass between\" Jeffrey and Russell's mistress, though he did hear her crying and \"fretting once during the night\". At daybreak they had some breakfast and Jeffrey told Walker and Mrs. Tibbs they were to be released. He went with them to the top of a nearby hill and pointed out the direction they were to go. The remaining group continued to travel north for three hours, after which Jeffrey permitted Franklin to leave. With only one captive remaining (Samuel Russell), the group pressed on.[39 man named Pyle, in pursuit of the gang with three others, met with Mrs. Tibbs as she emerged from the bush on 1 January after her ordeal. Pyle had known Elizabeth Tibbs since she was a child and found it \"almost impossible to describe the wretched and miserable state of the poor woman\". Her light gauze dress had been \"torn into shreds by the scrub, and her legs were entirely exposed, with blood oozing from them\".[44] The report of the series of events in the Colonial Times newspaper described Mrs. Tibbs as being \"in a state of distraction\" after \"the d\u00e6mons\" had \"murdered her infant\". The report added, \"We cannot relate the rest\", with the implication she had probably been sexually assaulted.[38][42] Mrs. Tibbs reported that the bushranger Jeffrey was referring to himself as \"Captain\", and was dressed in a long black overcoat, a red waistcoat, and a kangaroo-skin cap.[45] The body of Mrs. Tibbs young son was located on Saturday, 7 January. The baby's remains had been partly eaten by animals, with one arm and both legs having been devoured.[41] On 5 January, the colonial authorities approved the offer of a reward for information leading to the apprehension and conviction of the escaped convict \"Thomas Jeffries\" and his two (unnamed) accomplices, charged with \"diverse Robberies, and with firing at and wounding John Tibbs\". Rewards of two hundred dollars were offered for information bringing about the apprehension of each of the offenders free pardon was offered for relevant information given by a convict \"under the Sentence of the Law\".[46] 2/21/25, 7:26 Thomas Jeffrey - Wikipedia 7/16 After freeing the last of their captives from the raid on Tibbs' farm, the three fugitives followed the Tamar River, heading in a north-westerly direction towards George Town near the mouth of the Tamar. One morning, arriving at the Pilot's-house near George Town, the bushrangers captured Parish (the pilot), a sailor, and a soldier who had been stationed there as a signal-man. After robbing the buildings of supplies, including the soldier's musket, they headed east with their captives. Later that morning, they released Parish and the sailor, and the following morning freed the soldier.[47][41] After keeping on the move for about three days, the three fugitives met up with William Bruce, a mailman. They took him into the bush to camp for the night and examine the letters he was carrying. That evening they heard a man cooee in the distance. The following morning, 11 January 1836, they heard the cooee calls again and Bruce was sent to fetch the man, \"no doubt with grim warnings not to alert the stranger about who was waiting for him\". When he joined them, the man was found to be Constable Magnus Bakie (or Baker) of George Town, who had been part of a search party hunting for the escapees and had become separated from his group. They confiscated Bakie's weapon and ammunition, tied his hands and loaded him with a knapsack. The bushrangers and their captives then resumed walking in a south-easterly direction parallel to the Tamar Valley. Later, they heard a gun being fired and were compelled to alter their course. Believing Bakie had tried to steer them towards the search parties, Jeffrey called him a \"treacherous rascal\". They walked on for about four miles (6 km) when Jeffrey suddenly announced he was going to shoot the policeman. Bruce begged for Bakie's life, but Jeffrey could not be deterred. As he later recorded in his confession went up and put my pistol to [Bakie's] head and immediately shot him\".[48][20] After Bakie's murder, the three fugitives walked on for another couple of miles (about 3 km) and stopped to eat, then sent the mailman away. Jeffrey and his two companions were compelled to keep moving, with armed parties searching for them in the outlying areas north of Launceston. In the settled districts, they had lived on slaughtered livestock and provisions stolen from settlers and stock- keepers. However, the landscape they were now travelling through between Launceston and George Town was relatively unsettled, and the few farms in the district were likely bases for the search parties hunting them, forcing them to keep to the wild bush and scrub country to evade their pursuers.[49] After about three days of travelling through the bush they had consumed the food they were carrying. After several more days, Jeffrey shot a cockatoo, their only sustenance for the following three or four days. At that point, \"much exhausted for want of food\", Jeffrey said to the others (by Perry's later account): \"if you like the first man that falls asleep shall be shot, and become food for the other two\". Two days later, as they were ascending \"a rocky and scrubby high hill\", they stopped to rest. Edward Russell fell asleep and Perry, sitting close to him, took a loaded pistol from his knapsack and shot Russell in the forehead and \"he expired without a groan\". Perry took his knife and cut flesh from Russell's thighs. They made a fire and broiled some of the flesh and ate it, before moving on.[50 newspaper report after Jeffrey's capture, claiming to be based on his verbal confession, included a differing version of the events preceding Russell's murder. The account in the Colonial Times describes how with Jeffrey and his companions \"being rather pressed for food, lots were cast which of Constable Bakie's murder Cannibalism and separation 2/21/25, 7:26 Thomas Jeffrey - Wikipedia 8/16 his two companions should die \u2014 it fell upon Russell \u2014 but as the man was armed, he could not effect his purpose until the poor wretch fell asleep from fatigue \u2014 when he was murdered, and his flesh served the survivors for food for a few days\".[36] On 19 January, the two fugitives arrived at an unoccupied shepherd's hut on Miller's run (probably south-east of Launceston). After feeding on the provisions found there, they went in search of the shepherd. When he was found, they slaughtered two sheep and returned to the hut where they cut up the animals. They still had a quantity of Russell's flesh in a knapsack which, as Jeffrey later claimed, they \"cut into steaks, and fried up with the mutton\".[36][51] Jeffrey and Perry remained overnight at the shepherd's hut. The following morning they reached another hut. They had approached to within twenty yards (18 m) before they realised it was occupied by a stockman and a search party of two soldiers and three volunteers. According to Jeffrey's later confession, he \"challenged them to come out and the first man that handled his firelock would blow his brains out corporal armed with a musket made an appearance and Jeffrey fired into the hut and wounded a soldier named Robert Stubbs. At this, all six occupants ran from the hut, leaving their knapsacks and firearms. The bushrangers took two of the muskets and broke up the rest, as well as tea, sugar, flour, and meat and walked for about a mile into the bush to camp for the night.[36][51] Taking advantage of it being a moonlit night and conscious that search parties would be about the next day, Perry took their only pot and went in search of water. In doing so, however, he became lost and was unable to find his way back to the campsite.[52] Just as Jeffrey and Perry became separated, one of the original group of absconders, James Hopkins, was captured. On 21 January, a soldier named McQuin came upon Hopkins, asleep and unarmed; he was captured and taken into custody. Hopkins had been apart from his fellow escapees for a month, after separating from them after the robbery of Joseph Railton's dwelling at Spring Plains (only days after they had absconded).[36][52] The following day, when Hopkins was being escorted through the streets of Launceston, Mrs. Feutril, mother of Elizabeth Tibbs and grandmother of the murdered infant, mistook one of the constables guarding the prisoner for Jeffrey, \"and rushing from her house in a paroxysm of rage, stabbed him with a fork\". Fortunately for both parties, the wound was slight.[36] On the morning of Sunday 22 January 1826, three separate parties in search of Jeffrey and his companions had met up at \"Mr. Davies's hut\" on the bank of the South Esk River near Evandale. The men were inside the hut preparing breakfast. The parties were made up of men representing district landholders: Davies (on whose land the hut was situated), the surveyor and landholder John Wedge, and the holder of a nearby estate named Cox. An aboriginal boy with the group (\"belonging to Mr. Cox\") observed a man furtively approaching, and exclaimed \"There is Jeffries!\" Thus alerted, the twelve men remained concealed until the bushranger was \"within reach of a musket ball\", at which point \"one of Mr. Davies's men and one of Mr. Wedge's party rushed out\".[35] Jeffrey immediately took cover behind a tree. As the other men emerged from the hut, he asked if \"any quarter\" would be given; he was answered in the affirmative by Mr. Wedge's man (a convict named William Parsons), who had him covered with his firearm.[53] Jeffrey threw down his arms (a musket and a pistol) and was captured.[36] Capture 2/21/25, 7:26 Thomas Jeffrey - Wikipedia 9/16 Thomas Jeffrey and John Perry, sketched by Thomas Bock in 1826. Jeffrey was brought into Launceston at about seven o'clock on the evening of his capture large crowd had gathered \u2013 \"men, women, and children, free and prisoners, joined in their personal execrations against the monster\". The crowd gathered around the cart conveying Jeffrey to the gaol and \"it was with the greatest difficulty imaginable the people were prevented from tearing him to pieces\".[36] After Perry had become separated from Jeffrey, he kept on the move, robbing from huts as the opportunities allowed. At one of the huts he was able to procure a musket.[54] Early on the morning of 31 January, Perry arrived at Leith's farm near Launceston. As he approached, he was sighted by several of Leith's servants form a distance. Upon drawing closer, Perry realised he had been seen and ran off. Two of Leith's assigned servants, John Spong and Francis Barret, set off in pursuit. With the help of \"two little dogs\", they followed the bushranger's tracks and at last came upon him, standing with his musket levelled at them. Spong also raised his gun and ordered Perry \"to throw down his arms... or he might expect no quarter\". With this the bushranger dropped his weapon; he was secured and taken to the homestead.[55] Later that day, Perry was taken to Launceston where Jeffrey and Hopkins were being held.[56] While Jeffrey was incarcerated in the Launceston Gaol awaiting transfer to Hobart for trial, it was reported that he was \"writing the History of his own Life, in which he describes crimes of as deep a dye, perpetrated by him in England and Scotland, as even those committed by him in this Island\".[57] Matthew Brady was captured on 11 March 1826 near Watery Plains, about 15 miles from Launceston, after being wounded in the leg. Two of Brady's gang members, James Goodwin and Patrick Bryant, were also captured. Brady and his companions were taken to Launceston Gaol where Jeffrey, Perry, and Hopkins were being held.[58] Jeffrey and Perry, along with Brady and his captured gang-members, were transported from Launceston to Hobart aboard the Government brig Prince Leopold, arriving at their destination on 27 March 1826. Hopkins was probably also aboard.[59] At Hobart, a large crowd had gathered to watch as the manacled prisoners were disembarked and marched to the gaol on the corner of Macquarie and Murray streets, where they were all placed in a cell together.[60][61] In the early hours of 5 April, the gaoler, John Bisbee, whose bedroom adjoined the cell where Jeffrey and the others were confined, heard \"a sort of scratching, which excited his suspicion\". Upon investigation, Bisbee found that the prisoners had scraped out the mortar between some of the bricks using a broken spoon and two knives with the intention of making a hole in the wall.[62] Two nights later, the prisoners made another attempt to escape, after which the gaol authorities had them chained to an iron ring bolted to the floor.[63][61] Court 2/21/25, 7:26 Thomas Jeffrey - Wikipedia 10/16 On Saturday 22 April 1826, Jeffrey, Perry, and Hopkins were tried and found guilty of stealing the gun, thirty pounds of mutton, and six pounds of salt from the dwelling of Joseph Railton.[32] On the same day, Jeffrey and Perry were tried for the murder of John Tibbs, the five month-old son of John and Elizabeth Tibbs. When Mrs. Tibbs came into the Court \"and her eye glanced on the insatiate murderers of her babe, she was so affected as to be unable to stand\". She gave evidence describing how the child was taken from her arms and killed by Jeffrey and Russell. Afterwards, when she asked Jeffrey to point out the place where she might find her child's body, he said, \"it was no odds it had not suffered a moment's pain in leaving the world\". Jeffrey was found guilty of murder and Perry was convicted of \"being present aiding & abetting\".[45][64] On the night of 25 April, Brady, who was still sharing a cell with Jeffrey, told James Dodding, one of the turnkeys at the gaol, that if Jeffrey was not taken from the cell \"he would be found in the morning without his head\". As a result of this warning, Jeffrey was removed to another cell. Afterwards, Brady voluntarily gave up two knives which he had \"concealed about his person\". It was reported that Jeffrey \"has at last taken to the Bible\". He had sent for the Anglican minister William Bedford \"and has been crying like a baby\".[65] On 27 April, Jeffrey and Perry were tried for the murder of Magnus Bakie, for which Jeffrey was found guilty. Perry was found \"Guilty on the 2nd Count and Not Guilty on the other\".[66] On 29 April, Justice Pedder sentenced Jeffrey, Perry, and Hopkins to death, along with nine others (including Brady, Bryant, Goodwin, and five others of Brady's gang).[67] Jeffrey \"appeared much agitated\" after the sentence was passed.[68] The death warrant was issued on 2 May, ordering the execution of Jeffrey, Perry, Brady, Bryant, and a murderer named John Thompson on Thursday 4 May 1826. At 8 o'clock on the morning of the execution, the Sheriff brought the condemned men into the gaol lodge to undergo preparations. Jeffrey was the first to be led out, accompanied by Rev. Bedford. It was reported that Jeffrey \"appeared firm and composed\". As his arms were pinioned, the murderer \"prayed fervently, and seemed really penitent\". The other prisoners were also led out and all five ascended the scaffold. Rev. Bedford addressed the crowd that \"had collected in great numbers outside the gaol\", saying: \"The unhappy man, Jeffries, now before you, on the verge of eternity, desires me to state, that he attributes all the crimes which he has committed, and which have brought him to his present state, to the abhorrent vice of drunkenness\". With the necessary preparations in place for all five men, Bedford \"commenced reading certain portions of the funeral service\". When he came to a particular passage \"the drop fell, and this world closed upon the wretched men for ever!\".[68] When the bodies of Jeffrey and Brady were taken down from the gallows, Dr. Scott, the Colonial Surgeon, took plaster of Paris casts \"of their countenances\".[69] The following morning, six members of Brady's gang of bushrangers were also hanged, making full use of the six-man gallows at Hobart Gaol.[68] James Hopkins, who had also been sentenced to death on 29 April, received a reprieve and his sentence was commuted to transportation for life.[70][71] An important factor in granting the reprieve was probably the fact that Hopkins had separated from his Execution 2/21/25, 7:26 Thomas Jeffrey - Wikipedia 11/16 fellow absconders before the murders and other heinous crimes had begun to be committed by his three companions.[33] In December 1826, Hopkins and twelve other prisoners were transported aboard the ship Woodford to \"hard labour in the Penal Settlement of Norfolk Island\".[72] Over a span of forty days, Jeffrey and his gang of convict absconders were responsible for five murders characterised by extreme violence. However, if all the depositions and confessions were accurate, Jeffrey himself unquestionably murdered only one of the victims, Constable Bakie on 11 January. As the leader of the group, he was at least complicit in the murder of the infant John Tibbs, and it was he who initiated the taking of the child from his mother's arms. It was either he or Russell who committed the horrendous act of killing the infant, but both men were certainly culpable. It was Russell who had set in motion the series of killings by murdering Sutherland's unnamed employee on Christmas Day and, a week later, mortally wounding Isaac Beechy. Despite his crimes, very little opprobrium has been attached to Russell, probably because he himself ended up as a victim, shot in the forehead by Perry, his body butchered and his flesh consumed to sustain his former companions.[73] When details became known of the probable sexual assault of Mrs. Tibbs and the killing of her child, contemporary newspaper reports began describing Jeffrey as a 'monster'. On 7 January, the Hobart Town Gazette referred to him as \"that monster in human shape, the murderer Jeffries\".[74] On 20 January, the Colonial Times referred to \"the monster Jeffries\" as \"this diabolical villain\".[20] After he was apprehended, the colonial newspapers celebrated \"the providential capture of this worst of monsters in human shape\".[35] As Jeffrey was being marched in manacles from the docks to Hobart Gaol along with Perry, Brady and members of Brady's gang, a correspondent to the Hobart Town Gazette detected evidence of Jeffrey's depravity in his face, stating: \"Jeffries is a monster in countenance as in heart, but Brady and his associates have nothing ferocious in their aspect, nor any thing that would lead us to apprehend the dreadful acts they have perpetrated\".[60] After Jeffrey was sentenced to death there was a distinct change in tone towards the murderer, with contemporary press reports more likely to refer to indications of his repentance, and alluding to him as one of the group of \"unhappy men\" that were to be executed.[68] In 1856, James Bonwick's The Bushrangers was published, an account of the convict system of Van Diemen's Land and the life and crimes of a selection of the bushrangers from the early years of the colony. The book included a short chapter on Jeffrey entitled 'Jeffries, the Monster'. In Bonwick's version of history, Jeffrey \"was always notorious for his vile blackguardism\". In his retelling of the raid on Tibbs' farm, Bonwick wrote that the woman's husband was \"struck senseless\" by Jeffrey and \"the trembling wife\", holding her baby, was made to follow him. As she was walking too slow for his liking, \"the demon turned round with awful curses, snatched the baby from her breast, and dashed its brains out against a tree\"; he then seized \"the frantic mother\" and \"drove her onward at the point of the knife to his own forest den\". Later on, after \"this wild beast was hunted down\", the mother of the murdered infant was in the crowd as Jeffrey was brought into Launceston. Screaming out \"My child! my child!\", she \"sprang upon the man in the midst of the soldiers, and would have torn him to pieces, if not violently removed\".[75] Historical distortion 2/21/25, 7:26 Thomas Jeffrey - Wikipedia 12/16 Bonwick's portrayal was the forerunner for other fanciful accounts of Jeffrey's crimes. Another early chronicler of Australian bushrangers, Charles White, simply paraphrased Bonwick's account of Jeffrey's crimes when he first wrote about the bushranger in 1891.[76] George Boxall's The Story of the Australian Bushrangers was published in 1899. In Boxall's version of history, 'Jefferies', Hopkins and Russell escape from Macquarie Harbour (Perry is not mentioned in his narration). In Boxall's account of the killing of the Tibbs' infant, both parents are present when Jeffrey \"dashed its brains out against a sapling\", after which he said to Mrs. Tibbs, \"Can you go faster now?\" Mr. Tibbs then rushed at Jeffrey, who shot him and walked away, leaving \"the poor woman\" with her dead child and dying husband.[77] These and other inaccurate versions of Jeffrey's crimes became the template for sensationalised articles published in newspapers. One example is a feature article entitled 'Cannibals Who Were \"Christians\": Devils in Human Guise Preyed on Friends' by J. H. M. Abbott, published in the Sydney Truth newspaper in January 1935.[78] List of convicts transported to Australia List of serial killers by country 1. Cox, page 60; citing details from Jeffrey's written confession, made prior to his execution in May 1826. 2. Cox, pages 60\u201361; based on details from Jeffrey's written confession. 3. Cox, page 61; based on details from Jeffrey's written confession. 4. \"Thomas Jeffery\" ( Convict Records. State Library of Queensland. Retrieved 5 January 2022. 5. Jeffries Thos ( Convict conduct record No. 210 (CON31-1-23, Image 94), State Archives of Tasmania. 6. Home Office: Convict Prison Hulks: Registers and Letter Books; Class: HO9; Piece: 7 (per Ancestry.com). 7. Cox, pages 61\u201362; based on details from Jeffrey's written confession. 8. Cox, page 62; based on details from Jeffrey's written confession. 9. Cox, pages 62\u201363; based on details from Jeffrey's written confession. 10. Statement by George Lawson, National Library of Australia, MS3251 Vol. 2 Box 1, pages 27\u201329; quoted in Cox, page 64. 11. Cox, page 64. 12. Runaway Notice ( Hobart Town Gazette and Van Diemen's Land Advertiser, 15 April 1825, page 1. 13. Colonial History: Bushranging ( by 'The Bucket', Sydney Sportsman, 18 June 1902, page 3. 14. Port Dalrymple News ( Hobart Town Gazette and Van Diemen's Land Advertiser, 22 April 1825, page 2. 15. Cox, page 63; quoting from Jeffrey's written confession. 16. Deposition of Elizabeth Jessop, National Library of Australia, MS3251, Box 2 Vol. 1 (1822\u20131825), pages 203\u2013204; quoted in Cox, pages 65\u201366. See also References 2/21/25, 7:26 Thomas Jeffrey - Wikipedia 13/16 17. Deposition of Ann Sharman, National Library of Australia, MS3251, Box 2 Vol. 1 (1822\u20131825), pages 205\u2013206; quoted in Cox, pages 66\u201367. 18. Launceston News ( Colonial Times and Tasmanian Advertiser, 10 February 1826, page 4. 19. Cox, page 68; quoting from Jeffrey's written confession; also Perry's post-capture confession (National Library of Australia, MS3251, Box 2 Vol. 2). 20. Launceston ( Colonial Times and Tasmanian Advertiser (Hobart), 20 January 1826, page 3. 21. Cox, pages 67\u201368; quoting from Jeffrey's written confession. 22. Perry Jno ( Convict conduct record No. 301 (CON31-1-34, Image 109), State Archives of Tasmania. 23. \"John Perry\" ( Convict Records. State Library of Queensland. Retrieved 10 January 2022. 24. Hopkins Jas ( Convict conduct record No. 368 (CON31-1-18, Image 127), State Archives of Tasmania. 25. \"James Hopkins\" ( Convict Records. State Library of Queensland. Retrieved 10 January 2022. 26. Russell Edw ( Convict conduct record No. 424 (CON31-1-34, Image 368), State Archives of Tasmania. 27. \"Edward Russell\" ( Convict Records. State Library of Queensland. Retrieved 10 January 2022. 28. Cox, pages 68\u201369; quoting from Jeffrey's written confession. 29. On the 14th instant... ( Colonial Times and Tasmanian Advertiser, 23 December 1825, page 3. 30. L. L. Robson (1966). \"Brady, Matthew (1799\u20131826)\" ( ew-1822). Australian Dictionary of Biography. Canberra: National Centre of Biography, Australian National University 978-0-522-84459-7 1833-7538 ( 833-7538 70677943 ( Retrieved 11 January 2022. 31. On Saturday evening... ( Hobart Town Gazette, 7 January 1826, page 2. 32. Court record ( 22 April 1826, State Archives of Tasmania. 33. Cox, page 69. 34. Cox, pages 69\u201370. 35. Apprehension of Jefferies ( Hobart Town Gazette, 28 January 1826, page 2. 36. Launceston News ( Colonial Times and Tasmanian Advertiser (Hobart), 27 January 1826, page 3. 37. Cox, page 70. 38. Murder at Launceston ( Colonial Times and Tasmanian Advertiser (Hobart), 6 January 1826, page 4. 39. Deposition of Samuel Russell, National Library of Australia, MS3251, Box 2 Vol. 1 (1822\u20131825), pages 230\u2013237; quoted in Cox, pages 71\u201372. 40. Deposition of John Perry, National Library of Australia, MS3251, Box 2 Vol. 1 (1822\u20131825), pages 213\u2013220; quoted in Cox, pages 73\u201374. 41. Launceston ( Colonial Times and Tasmanian Advertiser (Hobart), 13 January 1826, page 4. 2/21/25, 7:26 Thomas Jeffrey - Wikipedia 14/16 42. Cox, page 73. 43. Cox, page 74. 44. Colonial History: Bushranging in Tasmania: Perry and the \"Monster Jefferies\" ( v.au/newspaper/article/138633233), by \"S.H., Hobart Town\", The Australasian (Melbourne), 29 November 1873, page 7. 45. On Saturday, Jeffries the murderer... ( Hobart Town Gazette, 29 April 1826, page 2. 46 Free Pardon ( Hobart Town Gazette, 7 January 1826, page 2. 47. Cox, pages 76\u201377; quoting from Perry's written confession. 48. Cox, page 77; quoting from Jeffrey's written confession. 49. Cox, page 78. 50. Cox, page 78; quoting from Perry's written confession. 51. Cox, page 79. 52. Cox, page 80. 53. William Parsons (transported to Australia aboard the Arab) received a free pardon in March 1826; Government Public Notices ( Hobart Town Gazette, 25 March 1826, page 1. 54. Cox, page 82. 55. Apprehension of Perry, the Bushranger ( 3), Hobart Town Gazette, 11 February 1826, page 3. 56. Cox, page 84. 57. Further Particulars of the Apprehension of Jeffries ( 495/679855), Hobart Town Gazette, 4 February 1826. 58. Brady, the Bushranger ( Colonial Times and Tasmanian Advertiser, 17 March 1826, page 3. 59. Ship News ( Colonial Times and Tasmanian Advertiser (Hobart), 31 March 1826, page 2; Hopkins was not named as one of those aboard the vessel. 60. Scarcely were these three robbers lodged... ( Hobart Town Gazette, 1 April 1826, page 2. 61. Cox, page 85. 62. The prisoners in the cell... ( Hobart Town Gazette, 8 April 1826, page 2. 63. The prisoners in Brady's cell... ( Hobart Town Gazette, 15 April 1826, page 3. 64. Court record ( 22 April 1826, State Archives of Tasmania. 65. Brady, on Tuesday night... ( Colonial Times and Tasmanian Advertiser, 28 April 1826, page 3. 66. Court record ( 27 April 1826, State Archives of Tasmania. 67. Court record: Sentences of Death ( 29 April 1826, State Archives of Tasmania. 68. The Late Bushrangers, &c. ( Colonial Times and Tasmanian Advertiser (Hobart), 5 May 1826, page 3. 69. Jeffries and Brady ( Colonial Times and Tasmanian Advertiser (Hobart), 19 May 1826, page 3. 2/21/25, 7:26 Thomas Jeffrey - Wikipedia 15/16 70. Hopkins, ... ( Colonial Times and Tasmanian Advertiser, 12 May 1826, page 3. 71. On Thursday morning... ( Hobart Town Gazette, 6 May 1826, page 2. 72. The following 13 prisoners... ( Hobart Town Gazette, 23 December 1826, page 4. 73. Cox, page 89. 74. The reward offered... ( Hobart Town Gazette, 7 January 1826, page 2. 75. 'Jeffries, the Monster' in James Bonwick (1956), The Bushrangers; Illustrating the Early Days of Van Diemen's Land, Melbourne: George Robertson, Great Collins Street, pages 90\u201392; see also: references to Jeffrey in the chapter on Matthew Brady, pages 80\u201381, 86. 76. Part IV. \u2013 The Story of the Bushrangers: Jeffries the Monster ( rticle/64223737), by Charles White, Bathurst Free Press and Mining Journal, 15 October 1891, page 4. 77. George E. Boxall (1899), The Story of the Australian Bushrangers, London: Swan Sonnenschein & Co., page 40; a later edition can be found at Project Gutenberg ( 58799/58799-h/58799-h.htm). 78. Cannibals Who Were 'Christians': Devils in Human Guise Preyed on Friends ( au/newspaper/article/169346872), by J. H. M. Abbott, Truth (Sydney), 6 January 1935, page 19; one of a series of articles called 'Bushrangers \u2013 Noted and Notorious'. Sources Robert Cox (2014), Chapter 3: 'The Monster: Thomas Jeffrey', pages 59\u201387 Compulsion to Kill: The Surprising Story of Australia's First Serial Killers, Carindale, Qld.: Glass House Books 978-1-9221-2094-6). Stephan Williams (1998), Thomas Jeffries, Tasmania, 1826, Woden, A.C.T.: Popinjay Publications. Retrieved from \" Further reading 2/21/25, 7:26 Thomas Jeffrey - Wikipedia 16/16"} |
7,408 | Frank Huggins | Lanier Technical College | [
"7408_101.pdf",
"7408_102.pdf",
"7408_103.pdf"
] | {"7408_101.pdf": "v (2022) Court of Appeals of Georgia v. The STATE. A21A1694 Decided: February 01, 2022 Scott Chandler Huggins, for Appellant. Penny Alane Penn, District Attorney, Sandra Ann Partridge, Assistant District Attorney, for Appellee. Following a bench trial, Frank Huggins was convicted of sexual assault of a student and sexual battery.1 On appeal, Huggins argues that: (1) the evidence was insufficient to support his conviction for sexual assault of a student, because he did not work at a \u201cschool\u201d and was not a \u201cteacher\u201d under the 2016 version of \u00a7 16-6-5.1; and (2) trial counsel provided ineffective assistance by failing to file a demurrer to the indictment on those grounds. For the reasons set forth infra, we affirm. Construing the evidence in favor of the trial judge's determination of the defendant's guilt,2 the record shows the following. In September 2016, Brandi Cammarata enrolled her 16-year-old daughter, L. S., for on-the-road driving lessons offered through Lanier Technical College. L. S. was a student at Flowery Branch High School and had already completed 30 hours of online driving classes. On September 8, 2016, L. S. received her driver's license in the morning, and was scheduled for her on-the-road driving lesson that afternoon. Even though L. S. had already obtained her license, Cammarata insisted L. S. have on-the-road lessons before driving on her own. Cammarata and L. S. went to the Cumming campus of Lanier Technical College. Huggins arrived as L. S.\u2019s driving instructor in a vehicle marked with Lanier Technical College's logo. Cammarata drove home while L. S. began her lesson with Huggins. The driving lesson vehicle was equipped with an in-car \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/21/25, 7:27 v (2022) | FindLaw 1/12 camera, which recorded the driving lesson with both sound and video. The video of the lesson was admitted into evidence, and the trial court watched the video in its entirety. During the lesson, Huggins repeatedly touched L. S.\u2019s upper thigh. After watching the video, L. S. counted 17 to 20 times where Huggins had touched her thigh. They drove to Huggins's house, and L. S. texted her mother and her boyfriend for help. L. S. was able to leave the car and spoke to Cammarata on the phone while in Huggins's driveway. L. S. cried when talking to her mother. After the call, she told Huggins that her mother was waiting for her back at the college, and the two drove back to the campus. At trial, Timothy McDonald testified that he was an executive vice president at Lanier Technical College and oversaw the driving education program. Funding for the program was provided by Joshua's Law.3 Drivers must be between 15 and 18 to enroll in the college's driving class. The program consisted of thirty hours of classroom instruction and six hours of behind the wheel, and drivers could participate in either part of the program or both. The college was required to go through training by the Governor's Office of Highway Safety to become an authorized training center. The college owned and maintained the vehicles used for the driving program. For the classroom portion of the program, while the college set the curriculum and final exam, the instructors had discretion in how they ran the class, including whether or not to give intermediate tests and quizzes. For the driving portion of the program, the college provided a list of maneuvers that a driver should be able to complete, and the instructor decided whether the driver met these criteria. The major duties for a driving instructor listed in the job description included \u201cassess[ing] the student's skills, knowledge and/or abilities,\u201d \u201cproviding feedback to students and administration,\u201d \u201c[i]nstruct[ing] students,\u201d \u201c[m]anag[ing] student behavior,\u201d and \u201c[p]repar[ing] teach[ing] materials.\u201d Joan Lee, the director of continuing education at Lanier Technical College, testified that she ran the driver's education course at the college. The instructors were employees of the college, had to go through a training certification to become a driving instructor, and had access to their students\u2019 information in the college database. Lee testified that Huggins was one of the college's main instructors, teaching at least half of the classes. She referred to Huggins as the \u201clead instructor\u201d and testified that he had helped train the other instructors at the college. Instructors followed the curriculum provided by the Governor's Office of Highway Safety, but they had discretion to add to the curriculum. The trial court found Huggins guilty of sexual assault of a student and sexual battery. The trial court denied Huggins's motion for new trial, and this appeal followed. \u201cThe interpretation of a statute is a question of law, which is reviewed de novo on appeal.\u201d4 \u201c[U]nless clearly erroneous, this Court will uphold a trial court's factual determinations with respect to claims of ineffective assistance of counsel; however, a trial court's legal conclusions in this regard are reviewed de novo.\u201d5 With these guiding principles in mind, we now turn to Huggins's claims of error. 2/21/25, 7:27 v (2022) | FindLaw 2/12 1. (a) Huggins argues that Lanier Technical College is not a \u201cschool\u201d under the 2016 version of \u00a7 16-6-5.1, and thus the evidence at trial was insufficient to sustain his conviction for sexual assault of a student. In 2016 \u00a7 16-6-5.1 provided: (b person who has supervisory or disciplinary authority over another individual commits sexual assault when that person: (1) Is a teacher, principal, assistant principal, or other administrator of any school and engages in sexual contact with such other individual who the actor knew or should have known is enrolled at the same school[.]6 \u201cSchool\u201d was defined under the statute as \u201cany educational program or institution instructing children at any level, pre-kindergarten through twelfth grade, or the equivalent thereof if grade divisions are not used.\u201d7 In analyzing whether the college and its driver's education course was a \u201cschool\u201d under the statute, we are mindful of the applicable principles of statutory construction and look diligently for the intention of the General Assembly. In so doing, the ordinary signification shall be applied to all words. Where the language of a statute is plain and susceptible to only one natural and reasonable construction, courts must construe the statute accordingly. Criminal statutes are construed strictly against the State, they must be read according to the natural and obvious import of their language, and their operation should not be limited or extended by application of subtle and forced interpretations.8 Applying the definition of \u201cschool\u201d under \u00a7 16-6-5.1 is an issue of first impression for this Court. Nevertheless, even under a strict construction of the statute, Lanier Technical College and its corresponding driver's education course met the definition of school under the 2016 version of \u00a7 16-6-5.1. Although L. S. attended a separate high school and was not enrolled at the college, the definition of \u2018\u2018school\u2019\u2019 included \u201ceducational program[s],\u201d9 which encompassed the driver's education course. The college's driver's education course was established pursuant to Joshua's Law, and one of the purposes set out by the General Assembly in passing the law was that \u201cthe state should assist in getting more young people into \u2024 driver education and training programs.\u201d10 And, in approving the curricula for driver's education courses, the State ensures that the courses \u201ceducate young drivers about safe driving practices and the traffic laws of this state and \u2024 train young drivers in the safe operation of motor vehicles.\u201d11 Finally, the 2016 version of \u00a7 16-6-5.1\u2019s definition of \u2018\u2018school\u2019\u2019 included that the institution or program provide education to children \u201cat any level, pre-kindergarten through twelfth grade, or the equivalent thereof if grade divisions are not used.\u201d12 The college's driver's education course satisfied this requirement because the course was limited to drivers between the ages of 15 and 18. 2/21/25, 7:27 v (2022) | FindLaw 3/12 For these reasons, the trial court did not err in finding that Lanier Technical College and its corresponding driver's education course met the definition of \u2018\u2018school\u2019\u2019 under \u00a7 16-6-5.1 (2016). (b) Huggins argues that he was not a \u201cteacher\u201d under \u00a7 16-6-5.1 \u00a7 16-6-5.1 (2016) did not define \u201cteacher\u201d and only stated that the offense applied to \u201ca teacher, principal, assistant principal, or other administrator of any school[.]\u201d13 There are two cases in which our Court and the Supreme Court of Georgia have interpreted the term \u201cteacher\u201d as used in \u00a7 16-6-5.1 (2016). In those cases, the courts held that a paraprofessional and a daily substitute did not meet the definition of \u2018\u2018teacher\u2019\u2019 under the statute.14 In State v. Morrow, the Supreme Court held that a paraprofessional was not a teacher under the statute, noting that \u201c[t]he degree of specificity in the statutory identification of school administrators to whom the statute applies suggests that the statute does not use \u2018teacher\u2019 in a generic or unusually broad sense.\u201d15 The Court summarized the facts showing that the defendant was not a teacher under the statute: The State acknowledges that Morrow did not do the sorts of things that teachers typically do. In particular, there is no evidence that Morrow assigned class work, homework or any other tasks, gave lectures, taught lessons, graded work, administered tests, attended faculty meetings, or reported to school on teacher workdays. Nor did Morrow devote any meaningful portion of his time to the instruction of students. At most, the evidence shows that Morrow occasionally answered questions posed by students with special needs or students with limited proficiency in English, questions that could have been answered by almost any layperson. [Moreover,] it is undisputed that Morrow had no teaching certificate.16 In State v. Rich, in which we held that a daily substitute was not a teacher under the statute, we looked to the dictionary definition of \u2018\u2018teacher\u2019\u2019 to help inform our analysis.17 We defined \u2018\u2018teacher\u2019\u2019 as \u201cone that teaches or instructs, especially one whose occupation is to instruct.\u201d18 We summarized the following facts about the defendant: Although a substitute may in fact be hired to teach a class, in this case Rich was not tasked with teaching classes, instructing classes, or developing lessons for the students. Rather, her duties comprised monitoring students, assisting them with completing their lesson plans or study guide packets as previously assigned by their regular teacher, and, answering their questions while they worked if her knowledge of the material enabled her to do so. As the principal testified, a daily substitute like Rich is a facilitator assisting those students as that period goes on\u2024 She was not expected to prepare for class, administer any state-mandated tests, grade or evaluate students\u2019 work, answer students\u2019 questions after class, or participate in after-school programs\u2024 Rich did not hold a teaching 2/21/25, 7:27 v (2022) | FindLaw 4/12 certificate; was not on contract as a teacher; did not actually teach or instruct classes; and had considerably fewer obligations than the teacher for whom she substituted[.]\u201d19 In this case, by contrast, Huggins did \u201cthe sorts of things that teachers typically do.\u201d20 He instructed students in the classroom and on the road, was expected to know the subject material, graded tests, evaluated his students\u2019 driving performance, had discretion when instructing the students, trained other instructors, and was a certified driving instructor. Accordingly, the trial court did not err in finding that Huggins was a teacher under the 2016 version of \u00a7 16-6-5.1. Huggins briefly contends that he had no supervisory or disciplinary authority over L. S. and was \u201csimply the passenger in the vehicle with her[.]\u201d We are not persuaded. As the phrase is used in \u00a7 16-6-5.1 (b) (1), \u201csupervisory or disciplinary authority\u201d means \u201cthe power to direct and to enforce compliance.\u201d21 Here, Huggins's job description included managing student behavior; he was in the car with L. S. in a specialized driving instruction vehicle; and he instructed L. S. on driving and corrected her behavior while on the road. Thus, Huggins had supervisory authority over L. S. during the driving lesson.22 2. Huggins argues that trial counsel provided ineffective assistance by failing to file a demurrer or motion to quash the indictment on the bases set out in Division 1 above. To evaluate [Huggins's] claim of ineffective assistance of counsel, we apply the two-pronged test established in Strickland v. Washington,23 which requires him to show that his trial counsel's performance was deficient and that the deficient performance so prejudiced him that there is a reasonable likelihood that, but for counsel's errors, the outcome of the trial would have been different. Importantly, should a defendant fail to meet his burden on one prong of this two-prong test, we need not review the other prong.24 \u201cFailure to pursue a meritless motion does not amount to ineffective assistance.\u201d25 Putting aside that the trial court considered the issues presented in Division 1, given our disposition of the issues above, counsel was not ineffective for failing to pursue a meritless motion. Judgment affirmed 1. See \u00a7\u00a7 16-6-5.1 (b) (1) (2016); 16-6-22.1 (b). 2. See Turnbull v. State, 317 Ga. App. 719, 723 (1), 732 S.E.2d 786 (2012). 3. See Ga. L. 2005, p. 1461, \u00a7 2 \u00a7 15-21-170 et seq. 4. State v. Rich, 348 Ga. App. 467, 468, 823 S.E.2d 563 (2019) (citation and punctuation omitted). 2/21/25, 7:27 v (2022) | FindLaw 5/12 5. Johnson v. State, 361 Ga. App. 43, 54 (4), 861 S.E.2d 660 (2021) (punctuation and footnote omitted). 6 \u00a7 16-6-5.1 (b) (1) (2016). 7 \u00a7 16-6-5.1 (a) (5) (2016). The definition of \u2018\u2018school\u2019\u2019 under the 2021 version of the statute does not include educational programs, defining \u2018\u2018school\u2019\u2019 as: \u201cany educational institution, public or private, providing elementary or secondary education to children at any level, kindergarten through twelfth grade, or the equivalent thereof if grade divisions are not used, including extracurricular programs of such institution \u00a7 16-6-5.1 (a) (7). 8. Rich, 348 Ga. App. at 471, 823 S.E.2d 563 (citations and punctuation omitted). 9 \u00a7 16-6-5.1 (a) (5) (2016). 10. See Ga. L. 2005, p. 1461, \u00a7 2. 11 \u00a7 40-5-10 (a). 12 \u00a7 16-6-5.1 (a) (5) (2016). 13 \u00a7 16-6-5.1 (b) (1) (2016). Under the 2021 version of the statute, the term \u2018\u2018teacher\u2019\u2019 is no longer used, instead applying the offense to \u201cemployee[s]\u201d of schools. See \u00a7 16-6-5.1 (b)-(c). 14. See State v. Morrow, 300 Ga. 403, 406-407 (2), 794 S.E.2d 37 (2016); Rich, 348 Ga. App. at 474, 823 S.E.2d 563. 15. Morrow, 300 Ga. at 406 (2), 794 S.E.2d 37. 16. Id. 17. Rich, 348 Ga. App. at 472, 823 S.E.2d 563. 18. Id. (punctuation omitted). 19. Id. at 472-473, 823 S.E.2d 563 (punctuation and footnote omitted). 20. Rich, 348 Ga. App. at 472, 823 S.E.2d 563 (citation and punctuation omitted). 21. Randolph v. State, 269 Ga. 147, 150 (2), 496 S.E.2d 258 (1998). 22. See Morrow, 300 Ga. at 405 (1), 794 S.E.2d 37 (holding that the paraprofessional did have supervisory or disciplinary authority over the victim because of occasional limited control to direct the victim to comply with school rules and procedures, although ultimately concluding that the 2/21/25, 7:27 v (2022) | FindLaw 6/12 paraprofessional was not a teacher under the statute); Whitehead v. State, 295 Ga. App. 562, 565 (1), 672 S.E.2d 517 (2009) (holding that a faculty advisor to a Quiz Bowl team had direct supervisory control over a student who was a member of the team), reversed after remand on other grounds by Whitehead v. State, 300 Ga. App. 504, 685 S.E.2d 770 (2009). 23. 466 U. S. 668, 687 (III), 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). 24. Hall v. State, 361 Ga. App. 568, 573-574 (3), 865 S.E.2d 183 (2021) (punctuation and footnote omitted). 25. Murray v. State, 306 Ga. App. 106, 108, 701 S.E.2d 579 (2010). Reese, Judge Doyle, P. J., and Brown, J., concur. Was this helpful? 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Terms > | Privacy > | Disclaimer > | Cookies > 2/21/25, 7:27 v (2022) | FindLaw 12/12", "7408_102.pdf": "Former Forsyth County sheriff's deputy found guilty of sexual assault of teen Huggins sentenced to 10 years probation, has to register as a sex offender The Forsyth County Superior Court found former Forsyth County Sheriff\u2019s Office deputy Frank Huggins guilty Tuesday on charges of sexual assault and battery against a 16-year-old girl. - photo by Ben Hendren (/local/fcn- author- index/536/) Updated: Mar 5, 2019, 4:27 Published: Mar 5, 2019, 2:26 ( u=https%3A%2F%2F courts%2Fformer-forsyth-county-sheriffs-deputy-found-guilty-sexual-assault- teen%2F) ( Alexander Popp (/local/fcn-author-index/536/) Follow @@AlexPopp_FCN ( ( Crime & Courts (/local/crime-courts/) ( Newsletters(/connect/forsyth-count Download app( ePaper Send news tip( Bill Pay(/circulation/pay you Bill Pay(/circulation/pay-you Best of Forsyth 2025 ( 2025/) Connect( Careers( clientkey=126A4EDC6664199BE3990C459FF70E96) Manage subscription( Log In (/login/?next=/local/crime-courts/former-forsyth-county-sheriffs sexual-assault-teen/) Register(/register/) News(/news/) The Gathering(/the-gathering/) Life(/life/) Sports(/sports/) ( ( text=https%3A%2F%2F courts%2Fformer-forsyth-county-sheriffs-deputy-found-guilty-sexual-assault- teen%2F) The Forsyth County Superior Court found former Forsyth County Sheriff\u2019s Office deputy Frank Huggins guilty on charges of sexual assault and battery for touching a 16-year-old girl\u2019s inner thigh in 2016 while acting as her driving instructor. On Tuesday, Chief Superior Court Judge Jeffrey S. Bagley rendered two guilty verdicts against Huggins, who served as sheriff's office spokesman until his retirement in 2010, sentencing him to 10 years of probation and ordering him to register as a sex offender. Huggins, 76, of Cumming, was first arrested by the sheriff\u2019s office on Oct. 4, 2016, after it was reported to authorities that he touched one of his student\u2019s \u201cinner thigh\u201d while working as \u201cthe main driving instructor\u201d for Lanier Technical College. Huggins was terminated from his position at the college after the incident was reported. During the trial on Monday, March 4, Chief Assistant District Attorney Sandra Partridge explained to the court how on Sept. 8, 2016, a month prior to his arrest, Huggins gave a driving lesson to a teen from Hall County and how over the two- and-a-half-hour lesson, he inappropriately touched the girl on her leg, inner thigh, back and neck \u2014 all of which was caught on the vehicle\u2019s dash camera. \u201cShe will tell you that his hand kept going closer and closer \u2026 and it\u2019s not on the outside of her leg, it\u2019s inside her inner thighs,\u201d Partridge said. \u201cThat\u2019s the sexual battery in this case \u2026 He had complete and utter control.\u201d Partridge also said that during the lesson on Sept. 6, Huggins also peppered the girl with \u201ccreepy sexual\u201d conversation, commenting on her attractiveness, her boyfriend and telling her that he \u201cwould go to the beach with her, if she drove.\u201d The treatment by Huggins was so uncomfortable that the girl texted her mother, \u201cHELP\u201d and ended the session early after Huggins took her to his home in Cumming. ( Crime & Courts (/local/crime-courts/) ( Newsletters(/connect/forsyth-count Download app( ePaper Send news tip( Bill Pay(/circulation/pay you Bill Pay(/circulation/pay-you Best of Forsyth 2025 ( 2025/) Connect( Careers( clientkey=126A4EDC6664199BE3990C459FF70E96) Manage subscription( Log In (/login/?next=/local/crime-courts/former-forsyth-county-sheriffs sexual-assault-teen/) Register(/register/) News(/news/) The Gathering(/the-gathering/) Life(/life/) Sports(/sports/) ( ( Huggins\u2019 victim and her mother took the witness stand on Monday and recounted the incident for the court, explaining what led them to seek help from law enforcement. The girl said on the stand that she began to feel uncomfortable at the beginning of the lesson, when Huggins touched her leg and shoulder while adjusting the steering wheel and telling her about a character in a movie he liked. She said that she didn\u2019t speak up initially because she hoped it wouldn\u2019t happen again just thought that it would blow over and nothing would happen again,\u201d the girl said. During Monday\u2019s proceedings, the two-hour video recording from the vehicle\u2019s dash camera was played in the courtroom, corroborating the girl\u2019s story and the state\u2019s case. In the video, Huggins can be seen touching the girl on her arm and leg many times and can be heard making \u201cinappropriate\u201d statements to the girl that were previously alleged by Partridge. Both attorneys continued to return to the topic of where and how many times Huggins placed his hands on the girl, arguing over the case\u2019s main charge, whether Huggins specifically touched the girl\u2019s inner thigh, rather than elsewhere on her body. Huggins\u2019 attorney Rafe Banks made the case that any touching of the girl that Huggins might have done was well within the realm of what is acceptable for a teacher and student, stating that the perceived touching of the girl\u2019s \u201cinner thigh\u201d was Huggins taking control of the wheel or tapping the girl\u2019s leg to indicate turns. \u201cDriving instructors sometimes have to take control of the steering wheel, it is part of the process,\u201d Banks said. \u201cSee if you see what she says happened, because it is not there ... You\u2019re not going to see what the state says happened.\u201d ( Crime & Courts (/local/crime-courts/) ( Newsletters(/connect/forsyth-count Download app( ePaper Send news tip( Bill Pay(/circulation/pay you Bill Pay(/circulation/pay-you Best of Forsyth 2025 ( 2025/) Connect( Careers( clientkey=126A4EDC6664199BE3990C459FF70E96) Manage subscription( Log In (/login/?next=/local/crime-courts/former-forsyth-county-sheriffs sexual-assault-teen/) Register(/register/) News(/news/) The Gathering(/the-gathering/) Life(/life/) Sports(/sports/) ( ( Banks also countered Partridges statements about Huggins\u2019 \u201ccreepy\u201d conversations with the girl, reminding the court that Huggins\u2019 conversation was not part of the charges against his client get that she may have been uncomfortable but Mr. Huggins is not charged with making her uncomfortable,\u201d Banks said. In her closing arguments, Partridge furiously attacked Banks\u2019 assertions that from the video tape, the girl did not exhibit signs of being affected by the incident, calling it \u201cthe typical reaction\u201d to victims of sexual assault. \u201cShe\u2019s 16 (years) three months old and he\u2019s 70 something, and he\u2019s in control of her life, completely in control,\u201d Partridge said stand here in 2019 and the argument is, \u2018She didn\u2019t act like she was being assaulted.\u2019 She didn\u2019t act the way that Mr. Banks believes she should have ... There is no specific way an assault victim acts, there is no specific way that a 16- year-old is supposed to behave when a 70-year-old man, whose got her trapped in a car, is putting his hand on her inner thigh.\u201d Bagley ultimately sided with the state, announcing that he believed that Huggins had acted inappropriately and had committed the acts that he was accused of think that Mr. Huggins made some very poor decisions that day think he took advantage of a young girl in that vehicle,\u201d Bagley said. Huggins, has been sentenced to 10 years of probation, will have to register as a sex offender and has been barred from teaching or having authority over any other person. ( Crime & Courts (/local/crime-courts/) ( Newsletters(/connect/forsyth-count Download app( ePaper Send news tip( Bill Pay(/circulation/pay you Bill Pay(/circulation/pay-you Best of Forsyth 2025 ( 2025/) Connect( Careers( clientkey=126A4EDC6664199BE3990C459FF70E96) Manage subscription( Log In (/login/?next=/local/crime-courts/former-forsyth-county-sheriffs sexual-assault-teen/) Register(/register/) News(/news/) The Gathering(/the-gathering/) Life(/life/) Sports(/sports/) ( ( ( Crime & Courts (/local/crime-courts/) ( Newsletters(/connect/forsyth-count Download app( ePaper Send news tip( Bill Pay(/circulation/pay you Bill Pay(/circulation/pay-you Best of Forsyth 2025 ( 2025/) Connect( Careers( clientkey=126A4EDC6664199BE3990C459FF70E96) Manage subscription( Log In (/login/?next=/local/crime-courts/former-forsyth-county-sheriffs sexual-assault-teen/) Register(/register/) News(/news/) The Gathering(/the-gathering/) Life(/life/) Sports(/sports/) ( ( Fourth suspect arrested in north Forsyth armed robbery (/local/fcn- author- index/536 staff Published: Dec 20, 2019, 8:00 ( courts%2Ffourth-suspect-arrested-north-forsyth-armed-robbery%2F) (h Alexander Popp (/local/fcn-author-index/536/)Follow @@AlexPopp_FCN ( ( Crime & Courts (/local/crime-courts/) ( Newsletters(/connect/forsyth-count Download app( ePaper Send news tip( Bill Pay(/circulation/pay you Bill Pay(/circulation/pay-you Best of Forsyth 2025 ( 2025/) Connect( Careers( clientkey=126A4EDC6664199BE3990C459FF70E96) Manage subscription( Log In (/login/?next=/local/crime-courts/former-forsyth-county-sheriffs sexual-assault-teen/) Register(/register/) News(/news/) The Gathering(/the-gathering/) Life(/life/) Sports(/sports/) ( ( text=https%3A%2F%2F armed-robbery%2F fourth individual has been arrested by the Forsyth County Sheriff\u2019s Office in connection with a residential armed robbery that took place in early December. 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Log in (/login/?next= Email Address * Or use your social Continue with Facebook(/auth/login/facebook/?next=%2Fpaywall%2Fregistration-wall%2Fsocial%2Fsubmit%2F ( Crime & Courts (/local/crime-courts/) ( Newsletters(/connect/forsyth-count Download app( ePaper Send news tip( Bill Pay(/circulation/pay you Bill Pay(/circulation/pay-you Best of Forsyth 2025 ( 2025/) Connect( Careers( clientkey=126A4EDC6664199BE3990C459FF70E96) Manage subscription( Log In (/login/?next=/local/crime-courts/former-forsyth-county-sheriffs sexual-assault-teen/) Register(/register/) News(/news/) The Gathering(/the-gathering/) Life(/life/) Sports(/sports/) ( ( ( Crime & Courts (/local/crime-courts/) ( Bill Pay(/circulation/pay you Best of Forsyth 2025 ( 2025/) Connect( Careers( clientkey=126A4EDC6664199BE3990C459FF70E96) Manage subscription( Log In (/login/?next=/local/crime-courts/former-forsyth-county-sheriffs sexual-assault-teen/) Register(/register/) News(/news/) The Gathering(/the-gathering/) Life(/life/) Sports(/sports/) ( (", "7408_103.pdf": "Former Forsyth County Sheriffs Office spokesman indicted for sexual assault of a minor Frank Huggins. Published: Feb 14, 2017, 10:02 ( u=https%3A%2F%2F courts%2Fformer-forsyth-county-sheriffs-office-spokesman-indicted-for-sexual- assault-of-a-minor%2F) ( text=https%3A%2F%2F courts%2Fformer-forsyth-county-sheriffs-office-spokesman-indicted-for-sexual- assault-of-a-minor%2F) ( Crime & Courts (/local/crime-courts/) ( Newsletters(/connect/forsyth-count Download app( ePaper Send news tip( Bill Pay(/circulation/pay you Bill Pay(/circulation/pay-you Best of Forsyth 2025 ( 2025/) Connect( Careers( clientkey=126A4EDC6664199BE3990C459FF70E96) Manage subscription( Log In (/login/?next=/local/crime-courts/former-forsyth-county-sheriffs- for-sexual-assault-of-a-minor/) Register(/register/) News(/news/) The Gathering(/the-gathering/) Life(/life/) Sports(/sports/) ( ( former public information officer for the Forsyth County Sheriff\u2019s Office has been indicted on charges of sexually assaulting a 16-year-old student in an incident for which he was arrested in October 2016. Frank Huggins, 73 of Cumming, faces one count each of sexual assault of a student \u2013 a felony \u2013 and sexual battery \u2013 a misdemeanor \u2013 for the Oct. 4 incident, according to a Forsyth County Grand Jury indictment report filed on Feb. 13. Huggins is accused of engaging in sexual conduct with the teenager by touching her \u201cinner thigh\u201d while \u201cbeing a teacher at Lanier Technical College with supervisory authority over [the victim],\u201d who \u201cthe accused knew and should have known was a student.\u201d The sexual battery charge stems from Huggins supposedly \u201cintentionally\u201d making \u201cphysical contact with the intimate parts of the body of [the victim], without the consent of [the victim].\u201d \u201cSuffice it to say we deny that anything improper occurred,\u201d said his attorney, Rafe Banks of Banks, Stubbs & McFarland LLP. \u201cIt illustrates the old adage that the can indict a ham sandwich if they chose to.\u201d According to the Forsyth County Sheriff\u2019s Office at the time of his arrest, the incident reportedly occurred while she was driving with Huggins in his capacity as a driving instructor with the college. Huggins served the sheriff\u2019s office from 2001 to 2010 as a member of former Sheriff Ted Paxton\u2019s command staff and as a spokesman for the agency. He retired in 2010 as a captain. \u201cDetectives confirmed the victim\u2019s allegations using video and audio evidence from camera footage recovered from inside the vehicle,\u201d a spokesman for the agency said at the time. Huggins has \u201cno prior arrest history\u201d in Forsyth County. Forsyth County Superior Court Chief Judge Jeffrey S. Bagley is presiding over this case, for which no trial date has been set. ( Crime & Courts (/local/crime-courts/) ( Newsletters(/connect/forsyth-count Download app( ePaper Send news tip( Bill Pay(/circulation/pay you Bill Pay(/circulation/pay-you Best of Forsyth 2025 ( 2025/) Connect( Careers( clientkey=126A4EDC6664199BE3990C459FF70E96) Manage subscription( Log In (/login/?next=/local/crime-courts/former-forsyth-county-sheriffs- for-sexual-assault-of-a-minor/) Register(/register/) News(/news/) The Gathering(/the-gathering/) Life(/life/) Sports(/sports/) ( ( ( Crime & Courts (/local/crime-courts/) ( Newsletters(/connect/forsyth-count Download app( ePaper Send news tip( Bill Pay(/circulation/pay you Bill Pay(/circulation/pay-you Best of Forsyth 2025 ( 2025/) Connect( Careers( clientkey=126A4EDC6664199BE3990C459FF70E96) Manage subscription( Log In (/login/?next=/local/crime-courts/former-forsyth-county-sheriffs- for-sexual-assault-of-a-minor/) Register(/register/) News(/news/) The Gathering(/the-gathering/) Life(/life/) Sports(/sports/) ( ( Fourth suspect arrested in north Forsyth armed robbery (/local/fcn- author- index/536 staff Published: Dec 20, 2019, 8:00 ( courts%2Ffourth-suspect-arrested-north-forsyth-armed-robbery%2F) (h Alexander Popp (/local/fcn-author-index/536/)Follow @@AlexPopp_FCN ( ( Crime & Courts (/local/crime-courts/) ( Newsletters(/connect/forsyth-count Download app( ePaper Send news tip( Bill Pay(/circulation/pay you Bill Pay(/circulation/pay-you Best of Forsyth 2025 ( 2025/) Connect( Careers( clientkey=126A4EDC6664199BE3990C459FF70E96) Manage subscription( Log In (/login/?next=/local/crime-courts/former-forsyth-county-sheriffs- for-sexual-assault-of-a-minor/) Register(/register/) News(/news/) The Gathering(/the-gathering/) Life(/life/) Sports(/sports/) ( ( text=https%3A%2F%2F armed-robbery%2F fourth individual has been arrested by the Forsyth County Sheriff\u2019s Office in connection with a residential armed robbery that took place in early December. 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Log in (/login/?next= Email Address * Or use your social Continue with Facebook(/auth/login/facebook/?next=%2Fpaywall%2Fregistration-wall%2Fsocial%2Fsubmit%2F ( Crime & Courts (/local/crime-courts/) ( Newsletters(/connect/forsyth-count Download app( ePaper Send news tip( Bill Pay(/circulation/pay you Bill Pay(/circulation/pay-you Best of Forsyth 2025 ( 2025/) Connect( Careers( clientkey=126A4EDC6664199BE3990C459FF70E96) Manage subscription( Log In (/login/?next=/local/crime-courts/former-forsyth-county-sheriffs- for-sexual-assault-of-a-minor/) Register(/register/) News(/news/) The Gathering(/the-gathering/) Life(/life/) Sports(/sports/) ( ( ( ( Crime & Courts (/local/crime-courts/) ( Bill Pay(/circulation/pay you Best of Forsyth 2025 ( 2025/) Connect( Careers( clientkey=126A4EDC6664199BE3990C459FF70E96) Manage subscription( Log In (/login/?next=/local/crime-courts/former-forsyth-county-sheriffs- for-sexual-assault-of-a-minor/) Register(/register/) News(/news/) The Gathering(/the-gathering/) Life(/life/) Sports(/sports/) ( ("} |
8,374 | Brian Kiser | Youngstown State University | [
"8374_101.pdf"
] | {"8374_101.pdf": "Professor on Administrative Leave After Investigation, Alleged Victims Speak Out By Morgan Petronelli and Rachel Gobep The music was blasting during Teen Angst Night at Suzie\u2019s Dogs & Drafts on April 20. People could be seen dancing and singing along to covers of popular pop punk music. Within the barrage of sweat, dancing and conversations something much darker was allegedly taking place. What followed was a series of events that would eventually lead to a traumatized student and the downfall of a respected music professor. 2/21/25, 7:28 Professor on Paid Administrative Leave | The Jambar 1/8 Jacquelyn Jupina, a senior general studies major, filed a complaint with the university alleging that over the course of three years Brian Kiser, tuba professor in the Dana School of Music at Youngstown State University, \u201ccreated a sexually hostile environment for her at the university,\u201d according to a report obtained by The Jambar. This culminated on April 20 with \u201cKiser touching [Jupina] in a sexual manner and professing his love for her\u201d at Teen Angst Night. Kiser was placed on paid administrative leave July 25 after an investigation that was prompted by the alleged events that occurred at Suzie\u2019s. The investigation was conducted by Cynthia Kravitz, former Title Coordinator and Director of the Office of Equal Opportunity and Policy Development. The Jambar contacted Kiser regarding the allegations. Kiser said he has no comment. In a letter regarding Kiser\u2019s notice of paid administrative leave, Allan Boggs, interim chief human resources officer, wrote Kiser was to have no contact with the alleged victim, students, faculty and other university staff, university records show. Boggs also indicated that Kiser was barred from returning to campus without permission, and was not permitted to hire any students for personal work such as babysitting, something he had done in the past. Jupina said Kiser approached her when she was a freshman at and asked her if she would babysit for him. Student witnesses interviewed in the Title investigation perceived that Kiser sought out \u201cattractive, young female students to babysit for him,\u201d according to the report. Kiser responded to that perception by saying that he chose females because he has a daughter. Jupina said in her interview for the investigation, Kiser would \u201cdrunk call\u201d her and send her pictures of himself with waitresses at restaurants, saying \u201cthey have nothing on you.\u201d 2/21/25, 7:28 Professor on Paid Administrative Leave | The Jambar 2/8 She said she didn\u2019t know what to do when Kiser attempted to \u201cplay a boyfriend role\u201d in her life. Because he was a professor and she was a music education major at the time, Jupina believed he controlled her future and she did not want to be disrespectful knew it wasn\u2019t okay, but didn\u2019t think could do anything about it because he didn\u2019t touch me \u2026 He crossed the line the first time he called me and sent me drunk texts my freshman year, so it\u2019s crazy that it happened for so long,\u201d she said. Investigation into the Allegations Jupina described the interaction at Suzie\u2019s as a \u201cone-on-one encounter\u201d with Kiser and said the following occurred: Kiser placed his arm under her jean jacket and on her hip, placed his hands on the side of her head, ran his hands through her hair and told her he was in love with her. She said she was able to feel his penis on her thigh, and she pushed Kiser away, yelled at him and told him he was married. In the report, Kiser described his interaction with Jupina at Suzie\u2019s saying the bar was noisy, so he was forced to lean into Jupina to hear her. He also said he might have touched her upper back, but did not place his hands on her hip or head. The report states Kiser said he did not run his hands through Jupina\u2019s hair or tell her that he was in love with her. According to Kiser, a woman hugged him at the bar and sent Jupina into a \u201cjealous rage.\u201d The report says Kiser said the interaction between him and Jupina began as \u201cfriendly.\u201d Kiser asserted in the report that Jupina was making comments about his home life and family, to which he said he was \u201cstunned.\u201d He said Jupina contacted him that night, but he did not reply. Kiser then invited Jupina \u201cover for coffee\u201d the next day via text message and told her that \u201ceverything [she] said was completely spot on.\u201d Through the report, Kravitz found that the information gathered \u201cdoes not support Kiser\u2019s assertions.\u201d 2/21/25, 7:28 Professor on Paid Administrative Leave | The Jambar 3/8 Photo by J. Harvard Feldhouse/The Jambar The report states that Jupina\u2019s account of the interaction had remained consistent and was corroborated by her friend and roommate, who Jupina relayed information to and student witnesses who were at Suzie\u2019s that night. The roommate also approached Kiser and told him not to talk to Jupina, according to the roommate and Kiser. Additionally, the report found that Jupina\u2019s version of the encounter is \u201cmore reasonable and logical.\u201d In the report, Kravitz wrote, \u201cStaying and speaking with someone who was in or just had a \u2018jealous rage,\u2019 and was making shocking comments about your family does not seem reasonable or plausible.\u201d Kravitz concluded on July 25 that there was \u201csufficient evidence\u201d to find that Kiser\u2019s actions had violated YSU\u2019s Discrimination/Harassment Policy. The report also states that there was a \u201cpattern of troubling and possible grooming behavior which preceded this event.\u201d \u201cIt is important to note that Kiser is well-known in the academic and music worlds, and someone who students believe, either correctly or incorrectly, has the ability to positively and negatively affect their time at the university and also their work and academic future,\u201d Kravitz wrote in the report. Through the report\u2019s conclusion and recommendation, Kravitz found that based on the evidence provided \u201cKiser engaged in verbal, written and physical conduct of sexual nature that was unwelcomed by Jupina.\u201d The report described Kiser\u2019s actions as \u201cintimidating, hostile, offensive or abusive.\u201d Another Alleged Victim Emerges 2/21/25, 7:28 Professor on Paid Administrative Leave | The Jambar 4/8 Photo by Tanner Mondok/The Jambar Another student in the Dana School of Music spoke to The Jambar on the condition of anonymity. She explained her relationship began with Kiser during her senior year of high school by taking tuba lessons with him had really enjoyed working with [Kiser thought he was really solid with his game plan and where saw my career going in terms of being one of his students,\u201d she said. By the time she reached her freshman year at in 2016, she said their student-teacher relationship began to alter. Her sister bought a house near where Kiser lived, so their interactions began to increase. She said Kiser then asked her to babysit his two children for him while he and his wife attended and performed at various events. She alleged their interactions while she was at her sister\u2019s house went from simple hellos and goodbyes to Kiser beginning to stalk her. \u201cHe knew my school schedule; he knew what scholarships had. He knew where was, where wasn\u2019t and how he wanted to manipulate that information for his own good,\u201d she said. The music student cited one specific event that she said particularly scarred her. She stated that during the 2017 Thanksgiving break, her mother took her car to visit her sister while she spent the holiday at her boyfriend\u2019s house. When she returned to school from break, Kiser allegedly confronted her about \u201cspending too much time\u201d at her sister\u2019s home. While there were few documented conversations between the two, she said when they would communicate, the 2/21/25, 7:28 Professor on Paid Administrative Leave | The Jambar 5/8 conversation was \u201cawkward.\u201d This included Kiser sending her random messages including pictures of his children, things she needed to work on for tuba, congratulate her or give her unwarranted feedback. It was apparent in both the report and interviews with both of the alleged victims, that he sought out female students to be his babysitters and vehemently engaged in activities that resulted in the victims feeling that he was stalking them. Both Jupina and the other victim stated that Kiser had a rotating group of babysitters, and they created a group chat after the incident at Teen Angst Night as a way to comfort each other and discuss each individual\u2019s interaction with the music professor. \u201cHe was very self-righteous and money-driven,\u201d the music student said. \u201cNothing was ever about what could do so much in myself as a person, [rather] so much as how can be successful and how to make money and how to make him look better.\u201d She said she had reached her breaking point during her junior year and after she explained her situation with her mother and by further convincing by Jupina, she decided to go to the Title Office at had stayed away from [reporting the incident] for a long time in fear of retaliation because there are other students, who specifically in our studio, who had very negative experiences knowing that they went forward with their information,\u201d she said. The Jambar is waiting on a response from the Title Office regarding the progress of this report. Katie Markielowski, a former Dana School of Music applied music major, said during her time at from 2010 to 2015 she noticed that Kiser was friendly to his students and would frequently attend music student parties that included beer pong and drinking didn\u2019t ever feel comfortable with him alone and avoided [him] when possible,\u201d she said. The Aftermath The agreement between the administration and Kiser has not been finalized, but is expected to be within the next week. 2/21/25, 7:28 Professor on Paid Administrative Leave | The Jambar 6/8 Photo by Tanner Mondok/The Jambar A.J. Sumell Ohio Education Association Union president and economics professor, said although he cannot speak on the allegations of Kiser because the agreement has not been finalized, any type of sexual assault or misconduct allegations are taken seriously by the university and the union. \u201cAll faculty members are given due process, which means that a process should be afforded regardless of the severity of the allegations,\u201d he said. He said sexual harassment or misconduct allegations have no place at or anywhere in society. \u201cNobody on campus would want to look the other way or take these types of allegations lightly,\u201d Sumell said. Kiser is currently in the midst of negotiations with the union to decide if he will resign or be fired. According the 2017-2020 faculty contract agreement section 12.9, if termination were to occur, the employee would be paid the remaining of the academic year. The union has sent Kiser an offer and the university is currently waiting for his party\u2019s response. 2/21/25, 7:28 Professor on Paid Administrative Leave | The Jambar 7/8 Kiser has reportedly been hired by a university in Indiana, and his home is currently listed for sale. 2/21/25, 7:28 Professor on Paid Administrative Leave | The Jambar 8/8"} |
8,994 | Joshua D. Wright | George Mason University | [
"8994_101.pdf",
"8994_102.pdf",
"8994_103.pdf",
"8994_104.pdf",
"8994_105.pdf",
"8994_106.pdf",
"8994_107.pdf"
] | {"8994_101.pdf": "TaxProf Blog Tax Law News Scholarship Weekly Roundup Legal Education News Scholarship Weekly Roundup About Join the Network Advertise Resources Sunday, June 23, 2024 Update On Ex-George Mason Law Prof Joshua Wright's Lawsuits Over Sex Allegations By Paul Caron Law360, Update On Ex-George Mason Prof's Suits Over Sex Allegations: After two women came forward last August accusing former BigLaw partner commissioner and George Mason University law professor Joshua D. Wright of sexual improprieties with students and direct reports, a number of additional accusations and lawsuits followed, including a defamation case brought by Wright against his accusers. The allegations became public after Kirkland & Ellis partner Elyse Dorsey and Freshfields Bruckhaus Deringer counsel Angela Landry spoke to Law360 last summer, detailing stories in which they said Wright abused his power to coerce them into sexual activity when they were his students and direct reports at law and the Federal Trade Commission, and, when Dorsey worked with Wright at Wilson Sonsini Goodrich & Rosati PC. Following that news, additional women came forward with allegations that they too had been pursued sexually by Wright as students. While Wright had already resigned from Law in 2023 amid an investigation into a Title complaint filed by Dorsey \u2014 and had left the and Wilson Sonsini years earlier \u2014 there was allegedly additional career fallout for the antitrust law expert, something he detailed in a subsequent defamation lawsuit against Dorsey and Landry. Wright also sued over its handling of the Title investigation. Here are updates on the cases and everything else surrounding the allegations. The Initial Allegations ... Wright's Defamation Lawsuit ... Wright's Suit Is Headed for Trial ... Wright's Suit Against Is Also Ongoing ... Prior TaxProf Blog coverage: Former George Mason Law Prof Files $108M Lawsuit Against Former Students Accusing Him Of Sexual Misconduct (Aug. 26, 2023) After Sexual Misconduct Allegations Against Former Tenured Law Professor, George Mason Bans Intimate Relationships Between Faculty And Students (Sept. 16, 2023) Joshua Wright Files Title Suit Against George Mason; Court Dismisses His $108 Million Defamation Claim Against Former Students Who Accused Him Of Sexual Misconduct (Dec. 12, 2023) George Mason Fires Back In Lawsuit By Former Tenured Law Professor Accused Of Sexual Misconduct (Jan. 30, 2024) Court Allows Former George Mason Law Prof Joshua Wright's $108 Million Defamation Suit Against Former Students He Dated To Proceed (June 10, 2024 Three-Part Series On Former George Mason Law Prof Joshua Wright Part One: The Hidden Life of Google\u2019s Secret Weapon (June 8, 2024) Part Two: For Years, an Esteemed Law Professor Seduced Students. Was He Too Important to Fire? (June 9, 2024) Part Three: How Hubris, Revenge and a Breakup Brought Down Big Tech\u2019s Proudest Ally (June 10, 2024) sex-allegations.html \u00a9 Copyright 2004-2025 by Law Professor Blogs, LLC. All rights reserved. Copyright Policy.", "8994_102.pdf": "Learn more about REUTERS/Shannon Stapleton Purchase Licensing Rights Dec 3 (Reuters) - Former George Mason University law professor Joshua Wright, who resigned from his teaching post in 2023 after several women accused him of sexual misconduct, has dropped his lawsuit against the university. Wright, a one-time U.S. Federal Trade Commission member, and the university agreed to end the case, according to a Nov. 27 court filing, which did not provide information about any potential settlement though it said each party is responsible for their own attorney costs. Judge Patricia Tolliver Giles in the U.S. District Court for the Eastern District of Virginia signed the stipulation on Monday. Wright\u2019s attorney, Benjamin North of Binnall Law Group, did not immediately respond to a request for comment Tuesday, nor did a George Mason University spokesperson. Wright, who taught at the law school intermittently from 2004 to 2023, did not immediately respond to a request for comment sent to his law firm. Ex-law prof drops lawsuit against George Mason Univ over sexual misconduct probe By Karen Sloan December 3, 2024 11:47 \u00b7 Updated 3 months ago My News Feedback 2/21/25, 7:29 Ex-law prof drops lawsuit against George Mason Univ over sexual misconduct probe | Reuters 1/10 Read Next / Editor's Picks Government American Bar Association suspends law school rule enforcement 9:31 Legal declares administrative law judge removal rules unconstitutional 8:35 The dismissal ends more than a year of legal wrangling over Wright\u2019s exit from George Mason and the university\u2019s handling of its investigation into his conduct. Wright sued the university in November 2023, alleging that it violated Title and its internal policies when it investigated him in the wake of accusations that he used his position at George Mason University Antonin Scalia Law School to pursue a sexual relationship with a student. His suit claimed the university erred when it dismissed his own sexual harassment claim against his accuser. Wright, who served on the from 2013 to 2015, claimed in court papers that he began an 11-year on-again-off-again relationship while he was a professor with then-law student Elyse Dorsey in 2010 that continued until 2021. Dorsey, now a partner at Kirkland & Ellis, filed a Title complaint against Wright in 2021 alleging he sexually assaulted her early in their relationship and sexually harassed her by using his position to undermine her job opportunities, according to the university\u2019s motion to dismiss. At least two other women also accused Wright of misconduct in comments to the press. Dorsey said in an email on Tuesday that the university \u201cchose to protect its students rather than cave to Wright's frivolous threats.\u201d As the university was investigating Dorsey\u2019s claim, Wright in 2022 filed a Title complaint with the school against her, claiming that she sexually harassed and retaliated against him at the end of what had been a consensual relationship. George Mason dismissed his claim, finding that Dorsey was not a university employee \u2014 an outcome Wright argued in his lawsuit was differential treatment on the basis of sex federal judge ruled in September that George Mason could continue its investigation into Wright but did not dismiss the case outright. The university last month again asked the court to dismiss the case, saying it had already ended its investigation. Read more: Ex-law prof Joshua Wright must face George Mason Univ sexual misconduct investigation, judge says George Mason Univ fires back in lawsuit by ex-law professor accused of sexual misconduct Jumpstart your morning with the latest legal news delivered straight to your inbox from The Daily Docket newsletter. Sign up here. Reporting by Karen Sloan Our Standards: The Thomson Reuters Trust Principles. Karen Sloan Thomson Reuters Karen Sloan reports on law firms, law schools, and the business of law. Reach her at [email protected] Suggested Topics: Legal Industry Purchase Licensing Rights Feedback 2/21/25, 7:29 Ex-law prof drops lawsuit against George Mason Univ over sexual misconduct probe | Reuters 2/10 Government Law firm Venable hit with $10 mln lawsuit by ex-client in fight February 20, 2025 Technology 'hallucinations' in court papers spell trouble for lawyers February 18, 2025 Sponsored Content What is the latest on ETFs? 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Sponsored by MarketViews Feedback 2/21/25, 7:29 Ex-law prof drops lawsuit against George Mason Univ over sexual misconduct probe | Reuters 4/10 Reuters Leadership Reuters Fact Check Reuters Diversity Report Stay Informed Download the App (iOS) Download the App (Android) Newsletters Information you can trust Reuters, the news and media division of Thomson Reuters, is the world\u2019s largest multimedia news provider, reaching billions of people worldwide every day. Reuters provides business, financial, national and international news to professionals via desktop terminals, the world's media organizations, industry events and directly to consumers. Follow Us Advertise With Us Advertising Guidelines Purchase Licensing Rights All quotes delayed a minimum of 15 minutes. See here for a complete list of exchanges and delays. Cookies Terms of Use Privacy Digital Accessibility Corrections Site Feedback \u00a9 2025 Reuters. 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Thomson Reuters Products Products Feedback 2/21/25, 7:29 Ex-law prof drops lawsuit against George Mason Univ over sexual misconduct probe | Reuters 5/10 2/21/25, 7:29 Ex-law prof drops lawsuit against George Mason Univ over sexual misconduct probe | Reuters 6/10 2/21/25, 7:29 Ex-law prof drops lawsuit against George Mason Univ over sexual misconduct probe | Reuters 7/10 2/21/25, 7:29 Ex-law prof drops lawsuit against George Mason Univ over sexual misconduct probe | Reuters 8/10 2/21/25, 7:29 Ex-law prof drops lawsuit against George Mason Univ over sexual misconduct probe | Reuters 9/10 2/21/25, 7:29 Ex-law prof drops lawsuit against George Mason Univ over sexual misconduct probe | Reuters 10/10", "8994_103.pdf": "Learn more about REUTERS/Shannon Stapleton Purchase Licensing Rights Sept 20 (Reuters federal judge on Thursday said George Mason University can continue its investigation of former law professor Joshua Wright \u2014 a one-time U.S. Federal Trade Commission member who resigned his teaching post in 2023 after several women accused him of sexual misconduct. Judge Patricia Tolliver Giles in the U.S. District Court for the Eastern District of Virginia did not outright dismiss Wright\u2019s lawsuit seeking to end the university's investigation \u2014 as the school had requested \u2014 but allowed the case to move forward on much narrower grounds. Wright\u2019s attorney, Benjamin North of Binnall Law Group, did not immediately respond to a request for comment Friday George Mason University spokesperson declined to comment. Wright did not immediately respond to request for comment sent to his law firm. Wright sued George Mason University in November 2023, alleging that it violated Title and its internal policies when it investigated him in the wake of accusations that he used his position at George Mason University Antonin Scalia Law School to pursue a sexual relationship with a student, then Ex-law prof Joshua Wright must face George Mason Univ sexual misconduct investigation, judge says By Karen Sloan September 20, 2024 2:25 \u00b7 Updated 5 months ago My News Feedback 2/21/25, 7:29 Ex-law prof Joshua Wright must face George Mason Univ sexual misconduct investigation, judge says | Reuters 1/10 Read Next / Editor's Picks Government Guardant Health sues rival Natera over cancer-testing trade secrets 11:17 dismissed his own sexual harassment claim against his accuser. Wright claimed in court papers that he began an 11-year on-again-off-again relationship while he was a professor with then-law student Elyse Dorsey in 2010 that continued until 2021. Dorsey, now a partner at Kirkland & Ellis, filed a Title complaint against Wright in 2021 alleging he sexually assaulted her early in their relationship and sexually harassed her by using his position to remove job opportunities, according to the university\u2019s motion to dismiss. At least two other women also accused Wright of misconduct in comments to the press. As the university was investigating Dorsey\u2019s claim, Wright in 2022 filed a Title complaint with the school against her claiming that she sexually harassed and retaliated against him at the end of what had been a consensual relationship. George Mason dismissed his claim, finding that Dorsey was not a university employee \u2014 an outcome Wright argued in his suit was differential treatment on the basis of sex. Giles found that Dorsey was not a George Mason employee, noting that Wright\u2019s own complaint indicates that her position at the law school ended before Wright filed his own Title complaint. Giles dismissed eight of Wright\u2019s nine claims \u2014 two without prejudice \u2014 but said the former professor can pursue one First Amendment claim against the university's Title coordinator Thomas Bluestein. Wright claims Bluestein violated his First Amendment rights by allowing Dorsey to amend her Title complaint against him to include a claim of retaliation after he filed a defamation suit against her and another of his accusers. Bluestein did not immediately respond to a request for comment Friday. Dorsey said Friday that Giles' decision \"preserves an important avenue for universities to protect survivors from retaliation,\" adding that defamation lawsuits are often used to silence survivors. Read more: George Mason Univ fires back in lawsuit by ex-law professor accused of sexual misconduct U.S. Federal Trade Commission's Joshua Wright to resign Get a quick look at the days breaking legal news and analysis from The Afternoon Docket newsletter. Sign up here. 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Feedback 2/21/25, 7:29 Ex-law prof Joshua Wright must face George Mason Univ sexual misconduct investigation, judge says | Reuters 6/10 2/21/25, 7:29 Ex-law prof Joshua Wright must face George Mason Univ sexual misconduct investigation, judge says | Reuters 7/10 2/21/25, 7:29 Ex-law prof Joshua Wright must face George Mason Univ sexual misconduct investigation, judge says | Reuters 8/10 2/21/25, 7:29 Ex-law prof Joshua Wright must face George Mason Univ sexual misconduct investigation, judge says | Reuters 9/10 2/21/25, 7:29 Ex-law prof Joshua Wright must face George Mason Univ sexual misconduct investigation, judge says | Reuters 10/10", "8994_104.pdf": "on on \u00bb Sponsorships With Guaranteed Ex-Law Professor\u2019s Lawsuit Against Former Students He Admits Sleeping With Somehow Still Happening Court ruled that the former Commissioner's suit against former 1Ls can continue despite bizarre pleading. By Joe Patrice on June 04, 2024 Former Commissioner and ex Law professor Joshua Wright\u2019s $108 million lawsuit against two of his former 1Ls can move forward after a Virginia judge denied the plea in bar lodged by the defendants. As a reminder, Wright isn\u2019t denying that he slept with his 1L students, but claims that they defamed him when they said they found themselves in these years-long sexual engagements with their professor because he leveraged his influence to advance their careers and, relatedly, could withdraw that influence when they weren\u2019t compliant. Subscribe Send Tips Share 2/21/25, 7:29 Ex-Law Professor's Lawsuit Against Former Students He Admits Sleeping With Somehow Still Happening - Above the Law 1/10 He says this cost him millions because clients abandoned his private sector venture when the women told their story to Law360. As though clients were cool with the part about using seating charts as \u201cAnalog Tinder\u201d \u2014 which he does claim is false \u2014 but that they drew the line at the idea that the women felt they were trapped in the relationships because of his influence. Not knowing Wright\u2019s client base, I\u2019d say they were probably more concerned with the bit that he\u2019s conceding is true. Not to mention that the latter claim seems like the defendants\u2019 opinion and thus non-actionable, but here we are. Kirkland & Ellis partner Elyse Dorsey, one of the defendants along with Freshfields counsel Angela Landry, discussed the ruling on social media. Another aspect of the ruling is that the case will use statements made during the George Mason University Title process against the defendants with the court deciding that those aren\u2019t \u201creasonably\u201d protected. Why Better Financial Acumen is the Key to Law Firm Success in 2025 From training to technology, uncover the essential steps to futureproof your law firm in a competitive market By George Egford, Solutions Manager, BigHand 2/21/25, 7:29 Ex-Law Professor's Lawsuit Against Former Students He Admits Sleeping With Somehow Still Happening - Above the Law 2/10 It would be one thing if the subject of a Title complaint categorically denied the accusation and pursued a defendant for defamation, but Wright\u2019s argument is that sleeping with his students was all cool because there was no policy against it at the time. That seems like a complaint he can maybe raise against the school, not the basis of a libel claim against the former students. Though lawsuits against the accusers serve another purpose that doesn\u2019t necessarily require them to be $108 million winners 2/21/25, 7:29 Ex-Law Professor's Lawsuit Against Former Students He Admits Sleeping With Somehow Still Happening - Above the Law 3/10 Those targeted by harassment keep silent too often in the best of circumstances. When courts decline to invoke anti laws and force victims to go through the costly legal process, it throws more upon the legal scaffolding that allows The Hidden Threat: How Fake Identities used by Remote Employees Put Your Business at Risk\u2014and How to Defend Against This Based on our experience in recent client matters, we have seen an escalating threat posed by the Democratic People\u2019s Republic of Korea (DPRK) information technology (IT) workers engaging in sophisticated schemes to evade and sanctions, steal intellectual property from companies, and/or inject ransomware into company environments, in support of enhancing North Korea\u2019s illicit weapons program. By Charles River Associates (CRA) 2/21/25, 7:29 Ex-Law Professor's Lawsuit Against Former Students He Admits Sleeping With Somehow Still Happening - Above the Law 4/10 perpetrators to hold the threat of protracted litigation over anyone willing to stand up to them. Not every defendant is going to be a senior Biglaw attorney and precedents like these put more pressure on the accuser to cave or stay quiet in the first place. The trial is on target for March of next year. Former Commissioner Wright\u2019s defamation suit against former students he dated can proceed, Virginia judge says [MLex] Earlier:Sexual Harassment Allegations Mount Against Former Commissioner & Law Professor Ex-Law Professor Sues Former Students For $108M Over Sexual Harassment Allegations Law School\u2019s \u2018Restrictions\u2019 On Professor\u2019s Contact With Students During Sexual Harassment Probe Apparently Didn\u2019t Cover Auctioning Off Date We Shouldn\u2019t Have To Say This, But Job Interviews Are Not Your Personal Dating App Keeps Editing Joshua Wright\u2019s Wikipedia Page To Downplay The Whole \u2018Sleeping With 1Ls\u2019 Thing Joe Patrice is a senior editor at Above the Law and co-host of Thinking Like Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you\u2019re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at Executive Search 2/21/25, 7:29 Ex-Law Professor's Lawsuit Against Former Students He Admits Sleeping With Somehow Still Happening - Above the Law 5/10 More from Above the Law Rocky Shows Donald Trump How To Properly Thank Lawyer Vance\u2019s \u2018Hilbilly Elegy\u2019 Deemed Too Woke By The Department of Defense Killing The Perfectionist Attorney: Fretzin\u2019s 5 Hacks For Effective Decision-Making Former Ninth Circuit Judge Makes Lateral Move To Top 20 Biglaw Firm 2/21/25, 7:29 Ex-Law Professor's Lawsuit Against Former Students He Admits Sleeping With Somehow Still Happening - Above the Law 6/10 Recommended From the Above the Law Network The Fifth-Year Dilemma: Do Stay Or Do Go (In- House)? Peerpoint Gen AI: Your Legal Research Assistant, Not Your Replacement Thomson Reuters Law Firm Checklist For Successful Client Portals Thomson Reuters Law Firm Checklist For Successful Transaction Management Thomson Reuters Gen AI: Your Legal Research Assistant, Not Your Replacement Here's how you can spend more time practicing law, and less time sorting, sifting, and summarizing. Dear Federalist Society: It\u2019s Time To Lay Off The Chick-Fil By Thomson Reuters 2/21/25, 7:29 Ex-Law Professor's Lawsuit Against Former Students He Admits Sleeping With Somehow Still Happening - Above the Law 7/10 Recent Jobs Partner Level Energy and Infrastructure Location: Houston posted by Kinney Recruiting International Disputes Associate (Russian Speaking) Location: London posted by Kinney Recruiting Finance Counsel Location: New York posted by Kinney Recruiting Who Gets To Call Themselves \u2018Professional\u2019? Law Professor Breaks Down The Licensing Scheme Law Schools Respond To The Executive Threatening To Cut Federal Funding Over The Fifth-Year Dilemma: Do Stay Or Do Go (In-House)? How to make the right decision, and why there might be another way to shape a fulfilling legal career on your own terms. \ue83a \ue83a \ue83a \ue85b Calculate Your Firm\u2019s Time-Saving Potential Want more time for what matters most? MyCase streamlines your firm so you can focus on winning By 2/21/25, 7:29 Ex-Law Professor's Lawsuit Against Former Students He Admits Sleeping With Somehow Still Happening - Above the Law 8/10 cases. See how much time you could save with our Law Firm Time Savings Calculator\u2014try it now! By The MyCase Team Advertising & Marketing Solutions 2/21/25, 7:29 Ex-Law Professor's Lawsuit Against Former Students He Admits Sleeping With Somehow Still Happening - Above the Law 9/10 \u00a9 2025 Breaking Media, Inc. All rights reserved. Registration or use of this site constitutes acceptance of our Terms of Service and Privacy Policy. DMCA.com COMPLIANT\u00a9 2/21/25, 7:29 Ex-Law Professor's Lawsuit Against Former Students He Admits Sleeping With Somehow Still Happening - Above the Law 10/10", "8994_105.pdf": "Joshua Wright. Courtesy photo Joshua Wright's $108M Defamation Case Against Former Students to Proceed to Trial Virginia judge has decided to allow former George Mason University law professor Joshua Wright's lawsuit against two former students, who now practice in Big Law. 2/21/25, 7:29 Joshua Wright's $108M Defamation Case Against Former Students to Proceed to Trial 1/13 June 12, 2024 at 11:15 4 minute read Legal Education By Christine Charnosky What You Need to Know After two former students made public statements regarding allegations of sexual misconduct against former Law professor Joshua Wright, he sued them for defamation and conspiracy. The defendants, a Kirkland & Ellis partner and counsel at Freshfields Bruckhaus Deringer, filed a plea in bar last month Virginia judge denied the plea in bar, setting a 2025 trial date. Despite recent heated court battles, a $108 million lawsuit filed against two women who came forward last year accusing former George Mason University law professor Joshua Wright of sexual misconduct is set to go to trial in March. Judge Patrick Blanch of the Circuit Court of Fairfax County, Virginia, on May 31 denied a plea in bar from defendants Elyse Dorsey, a Kirkland & Ellis partner, and Angela Landry, a counsel at Freshfields Bruckhaus Deringer, in which they argued, in part, that their statements were protected under Virginia's Anti statute, according to a May 3 memo in support of the plea. 2/21/25, 7:29 Joshua Wright's $108M Defamation Case Against Former Students to Proceed to Trial 2/13 This content has been archived. It is available through our partners, LexisNexis\u00ae and Bloomberg Law. To view this content, please continue to their sites. Go To Lexis \u2192 Not a Lexis Subscriber? Subscribe Now Go To Bloomberg Law \u2192 Not a Bloomberg Law Subscriber? Subscribe Now Why am seeing this \u00a9 2025 Global, LLC, All Rights Reserved. Request academic re-use from All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing. You Might Like 2/21/25, 7:29 Joshua Wright's $108M Defamation Case Against Former Students to Proceed to Trial 3/13 February 06, 2025 Florida Law Schools Are Seeing a Bump in Applications for 2025, After Recent Declines at Flagship Schools By Alexander Lugo 3 minute read 2/21/25, 7:29 Joshua Wright's $108M Defamation Case Against Former Students to Proceed to Trial 4/13 February 06, 2025 Law School Applications are Up Across the Country. Law Deans Aren't Sure Why By Amanda O'Brien 6 minute read 2/21/25, 7:29 Joshua Wright's $108M Defamation Case Against Former Students to Proceed to Trial 5/13 February 05, 2025 Georgia Law Schools Seeing 24% More Applicants This Year By Thomas Spigolon 4 minute read 2/21/25, 7:29 Joshua Wright's $108M Defamation Case Against Former Students to Proceed to Trial 6/13 February 05, 2025 'None of Us Like It': How Expedited Summer Associate Recruiting Affects Law Students and the Firms Hiring Them By Dan Roe 8 minute read Kirkland & Ellis Wilson Sonsini Goodrich & Rosati 2/21/25, 7:29 Joshua Wright's $108M Defamation Case Against Former Students to Proceed to Trial 7/13 Freshfields Bruckhaus Deringer Judge Dissolves TRO, Denies Additional Relief in Employee Litigation OpenSea Says Has Ceased Enforcement Action Into Exchange 3 Class Actions: Wave of Lawsuits Target RetailMeNot Supreme Court Temporarily Leaves in Place Order Reinstating Official Trump Fired Legal Experts Slam Trump's Justification for Ending New York's Congestion Pricing Latest Trending Who Got The Work 2/21/25, 7:29 Joshua Wright's $108M Defamation Case Against Former Students to Proceed to Trial 8/13 J. 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Wright Commissioner of the Federal Trade Commission In office January 2013 \u2013 August 2015 President Barack Obama Preceded by J. Thomas Rosch Succeeded by Rohit Chopra Personal details Born January 20, 1977[1] San Diego, California, U.S.[1] Political party Republican[1] Education University of California, San Diego (BA) University of California, Los Angeles (JD, PhD) Awards Bator Award (2014) Joshua D. Wright Joshua Daniel Wright (born January 20, 1977) is an American economist, attorney, and former government official. Wright served as a commissioner of the Federal Trade Commission (FTC) from 2013 to 2015. At the time of his nomination, Wright was the fourth economist to serve as an commissioner.[2] Wright was a professor of law at George Mason University's Antonin Scalia Law School between 2004 and 2023, and was the executive director of its Global Antitrust Institute (GAI).[3][4] In 2023, Wright resigned from George Mason following eight allegations of sexual misconduct from former students.[5] While on the FTC, Wright advocated a laissez-faire approach to antitrust enforcement.[6][7] After leaving the commission, the inspector general found that Wright violated federal conflict of interest laws by representing Qualcomm and lobbying the to drop a lawsuit it was pursuing against the company.[8][9] While working as a law professor, Wright led the Global Antitrust Institute, which received significant funding from companies including Google, Apple, and Meta Platforms.[10][11]The Wall Street Journal reported that Wright's clients ended their relationship with him in 2023 following a series of sexual misconduct allegations.[10] As a scholar, Wright's work has focused on the fields of antitrust law, law and economics, and consumer protection. In 2013, Wright was described by the National Review to be \"widely considered his generation's greatest mind on antitrust law.\"[12] He has published more than 100 articles and book chapters, co- authored a casebook, and edited several book volumes in these fields. Wright has served as co-editor of the Supreme Court Economic Review and senior editor of the Antitrust Law Journal,[13] and in 2014 received the Paul M. Bator Award.[14] 2/21/25, 7:29 Joshua D. Wright - Wikipedia 1/8 Wright was born and raised in San Diego, California.[1][13] After graduating from Patrick Henry High School in 1995,[15] Wright studied economics at the University of California, San Diego, graduating in 1998 with a Bachelor of Arts, with honors. He then went to the University of California, Los Angeles (UCLA), where he jointly did doctoral study in economics and attended the School of Law. As a law student, Wright was a managing editor of the Law Review. He received a J.D. in 2002 and a Ph.D. in economics in 2003.[13] Wright was a law clerk for Judge James V. Selna of the U.S. District Court for the Central District of California from 2003 to 2004. He then joined the faculty of the George Mason University Law School (now Antonin Scalia Law School).[13] Wright served in the Federal Trade Commission (FTC) in the Bureau of Competition as its inaugural Scholar-in-Residence from 2007 to 2008, where he focused on enforcement matters and competition policy.[13] In January 2013, President Barack Obama appointed Wright to serve as a commissioner of the at the recommendation of Mitch McConnell.[16] At the time, his appointment was scrutinized because of a pending case against Google. Wright's research had been indirectly funded by Google, and he previously criticized the FTC's probe into Google. He agreed to recuse himself on any matters involving Google for two years.[16] He was ultimately unanimously confirmed by the U.S. Senate.[17] During his tenure, Wright prolifically sided against attempts to regulate Big Tech.[18] Wright resigned August 2015 to return to academia.[18] As of October 2020, Wright's clientele as a consultant included Big Tech companies Google, Amazon, and Facebook, as well as Walmart, Qualcomm, and law firm Kirkland & Ellis. The Wall Street Journal reported that the companies dropped Wright as a client following allegations in 2023 that Wright engaged in affairs with law students.[19] In 2020, The New York Times described the Global Antitrust Institute (GAI), which was led by Wright, as working on behalf of Big Tech companies looking to evade antitrust scrutiny. The article noted that the \"institute\u2019s leaders, including Joshua Wright, who has longstanding ties to Google, have worked closely with tech companies to fend off antitrust criticism\".[20] Early life and education Career Federal Trade Commission (FTC) Academic and consulting work 2/21/25, 7:29 Joshua D. Wright - Wikipedia 2/8 In 2023, Wright was given a six-month contract with Google worth $430,000 to oppose efforts by the Biden administration and congressional lawmakers to remove YouTube and other tech platforms' liability protections. Wright was contracted to publish opinion articles and academic works in opposition to removing liability protections..[21] Following the 2016 presidential election, Wright was appointed to serve on Donald Trump's presidential transition team, where he oversaw matters pertaining to the FTC. He was considered for the position of United States Assistant Attorney General for the Department of Justice Antitrust Division.[7] In June 2024, The Wall Street Journal reported that the office of the inspector general of the had opened an investigation in 2017 into whether Wright had violated a federal conflict-of-interest law by representing Qualcomm and lobbying the to drop a lawsuit it was then pursuing against Qualcomm, with the inspector general's office concluding that Wright had violated federal law and recommending that he be prosecuted, although the Department of Justice declined to pursue the case.[22] The Wall Street Journal reported that, as an academic, \"Wright used research papers, blogs and his legal expertise to defend U.S. tech corporations from federal antitrust regulators\". The report noted that, during his time as head of the Global Antitrust Institute (GAI), the institute received a $1 million from both Google and Amazon, with Qualcomm donating $2.9 million and Facebook (now Meta Platforms) donating $675,000.[23] As a result of the use of funds for hosting officials at vacation destinations, several members of the George Mason faculty expressed concerns that the companies' donations were a means of unlawfully lobbying foreign government officials. Such a practice would be in violation of the Foreign Corrupt Practices Act (FCPA). Additionally, several faculty members believed that university administrators violated the school's gift-acceptance policy by failing to review corporate donations for potential conflicts of interest.[23] Wright resigned from his position at law school in August 2023 after eight women accused him of sexual misconduct.[24] He faced allegations that abused his position as a professor and manager to pressure current and former students and employees into sexual relationships.[25][26][27] The Wall Other activities Conflict-of-interest accusations Qualcomm controversy Academic conflict of interest concerns Allegations of sexual harassment 2/21/25, 7:29 Joshua D. Wright - Wikipedia 3/8 Street Journal reported that Wright's affairs with his students began as early as 2006.[28] Wright began directing faculty hiring for the law school at George Mason in 2015. Bloomberg News reported that Wright's accusers alleged that he \"used his positions and influence to proposition female students, staffers and job applicants,\" with several accusers stating that they feared professional retaliation if they didn't comply.[24] Wright also worked as an attorney at Wilson Sonsini, between 2016 and 2019, where he left amid a 2019 investigation into a sexual relationship with a subordinate woman.[24] Two former students of Wright's, Elyse Dorsey and Angela Landry, accused Wright of trying to silence them and stated that he pressured them into sexual relationships during their time as students and after graduating.[24] In 2021, Wright arranged for Dorsey to have an economics fellowship at the University of Virginia with living expenses and tuition funded by Google, Amazon, and Facebook. Dorsey stated in her Title complaint that she believed Wright blocked promised funding for the program in retaliation after their relationship ended.[29] Wright denied coercion and said that the relationships were consensual and sued two of the women for defamation.[24][30] Google terminated its relationship with Wright as a consultant after allegations publicly surfaced in 2023.[24] The Wall Street Journal reported that, for a year after being informed of sexual misconduct allegations facing Wright by a university investigator in 2022, Google and Meta continued to contract Wright as a consultant for the companies.[29] Wright continued to have a professional relationship with Wilson Sonsini after leaving the firm following the investigation. Susan Creighton, who led the firm's office in Washington, D.C., urged Wright to continue working for the firm on Google's behalf, suggesting in an email that he \"continue to bill through the firm, effectively as an \u2018expert,\u2019 and keep 100% of the revenues\".[28] Wright filed a $108 million defamation lawsuit against two of his accusers in August 2023.[29] Owing to lost income, Wright urged the court to relieve him from his requirement to pay $35,000 in monthly spousal and child support payments. Wright's wife filed a legal response arguing that Wright was at fault for the loss of income stemming from his former clients terminating their relationship with him.[29] The defamation lawsuits were dismissed without prejudice on December 1, 2023. However, the judge in the case allowed the lawsuit to proceed to trial after Wright amended the initial suit.[31] In December 2023, Wright filed a Title lawsuit against George Mason University.[32] In the lawsuit, Wright claims that engaged in sex discrimination against him, alleging that university leadership prematurely stood with his accusers because they are women.[33] Response from companies Title suit and defamation lawsuit against accusers 2/21/25, 7:29 Joshua D. Wright - Wikipedia 4/8 Wright lived in McLean, Virginia with his wife and three children.[34] As of 2023, Wright is currently in a relationship with a former student who was an intern for him during his tenure.[35] In 2013, Wright was praised by the National Review for his expertise on antitrust matters, and was described as being \"widely considered his generation's greatest mind on antitrust law.\"[12] In 2014, Wright received the Paul M. Bator Award by the Federalist Society at the society's 33rd annual symposium.[14] As an academic, Wright published over one hundred articles and book chapters.[36] He was also co-editor of the Supreme Court Economic Review, a journal that applied scholarship to assess decisions by the United States Supreme Court. He was also senior editor of the Antitrust Law Journal, an academic journal published by the American Bar Association Antitrust Law Section[13] List of former commissioners Weinstein effect 1. Wright Testimony ( rg/CHRG-112shrg82230/CHRG-112shrg82230.pdf) 2. \"Josh Wright to be nominated to be next Commissioner\" ( 09/10/josh-wright-to-be-nominated-to-be-next-ftc-commissioner/). Truth on the Market. 2012-09- 10. Retrieved 2021-09-27. 3. \"Joshua D. Wright\" ( George Mason University Antonin Scalia Law School. Retrieved 2018-06-18. 4. Public domain material from \"Joshua D. Wright\" ( html), a Federal Trade Commission webpage (accessed February 23, 2013). 5. Nylen, Leah; Bloomberg (28 August 2023). \"High-powered attorney who become a top federal regulator 'preyed on' students and colleagues over nearly 2 decades, women allege\" ( ne.com/2023/08/28/attorney-ftc-george-mason-university-sexual-misconduct-allegations/). Fortune. Archived ( ttorney-ftc-george-mason-university-sexual-misconduct-allegations/) from the original on 13 March 2024. Retrieved 30 August 2023. 6. Nylen, Leah; Bloomberg (28 August 2023). \"High-powered attorney who become a top federal regulator 'preyed on' students and colleagues over nearly 2 decades, women allege\" ( ne.com/2023/08/28/attorney-ftc-george-mason-university-sexual-misconduct-allegations/). Fortune. Archived ( ttorney-ftc-george-mason-university-sexual-misconduct-allegations/) from the original on 13 March 2024. Retrieved 30 August 2023. Personal life and recognition Work and recognition See also References 2/21/25, 7:29 Joshua D. Wright - Wikipedia 5/8 7. McLaughlin, David; Jacobs, Jennifer (2017-01-19). \"Wright Under Consideration as Trump's Antitrust Chief, Source Says\" ( o-be-under-consideration-as-trump-s-antitrust-chief). Bloomberg. Retrieved 2024-06-17. 8. Mullins, Brody (2024-06-06). \"The Hidden Life of Google's Secret Weapon\" ( en-us/money/companies/the-hidden-life-of-google-s-secret-weapon/ar-BB1nM8xa). MSN. The Wall Street Journal. Archived ( m/en-us/money/companies/the-hidden-life-of-google-s-secret-weapon/ar-BB1nM8xa) from the original on 2024-06-09. Retrieved 2024-06-10. 9. Mullins, Brody (2024-06-06). \"The Hidden Life of Google's Secret Weapon\" ( us-news/law/google-lawyer-secret-weapon-joshua-wright-c98d5a31). The Wall Street Journal. Retrieved 2024-06-10. 10. Mullins, Brody (2014-06-08). \"For Years, an Esteemed Law Professor Seduced Students. Was He Too Important to Fire?\" ( c75f916). The Wall Street Journal. Retrieved 2024-06-12. 11. Wakabayashi, Daisuke (2020-07-24). \"Big Tech Funds a Think Tank Pushing for Fewer Rules. For Big Tech\" ( on-qualcomm.html). The New York Times 0362-4331 ( -4331). Retrieved 2024-06-12. \"The emails illustrated how the institute's leaders, including Joshua Wright, who has longstanding ties to Google, have worked closely with tech companies to fend off antitrust criticism.\" 12. Foster, Daniel (23 May 2013). \"Agent McConnell\" ( 3/06/03/agent-mcconnell/). National Review. Retrieved 8 July 2020. \"On the Federal Trade Commission, McConnell handed Obama the name of Josh Wright, a holder of both a Ph.D. in economics and a J.D. and widely considered his generation's greatest mind on antitrust law.\" 13. Public domain material from \"Joshua D. Wright\" ( html), a Federal Trade Commission webpage (accessed February 23, 2013). 14. \"Federalist Society Presents 2014 Bator Award\" ( 4-bator-award). The Federalist Society. Retrieved 9 July 2020. 15. Joshua D. Wright ( 16. Romm, Tony; Wasserman, Elizabeth (3 December 2012 nominee to skip Google cases\" (ht tps:// ses-084487). Politico. Archived ( o.com/story/2012/12/ftc-nominee-joshua-wright-to-recuse-himself-from-google-cases-084487) from the original on 9 January 2024. Retrieved 13 September 2023. 17. \"FTC's newest commissioner sworn in - FTCWatch\" ( 1799093/ftc-s-newest-commissioner-sworn-in). FTCWatch. 2013-01-31. Retrieved 2024-06-17. 18. Nylen, Leah; Bloomberg (28 August 2023). \"High-powered attorney who become a top federal regulator 'preyed on' students and colleagues over nearly 2 decades, women allege\" ( ne.com/2023/08/28/attorney-ftc-george-mason-university-sexual-misconduct-allegations/). Fortune. Archived ( ttorney-ftc-george-mason-university-sexual-misconduct-allegations/) from the original on 13 March 2024. Retrieved 30 August 2023. 19. Mullins, Brody (2014-06-08). \"For Years, an Esteemed Law Professor Seduced Students. Was He Too Important to Fire?\" ( c75f916). The Wall Street Journal. Retrieved 2024-06-12. 20. Wakabayashi, Daisuke (2020-07-24). \"Big Tech Funds a Think Tank Pushing for Fewer Rules. For Big Tech\" ( on-qualcomm.html). The New York Times 0362-4331 ( -4331). Retrieved 2024-06-12. \"The emails illustrated how the institute's leaders, including Joshua Wright, who has longstanding ties to Google, have worked closely with tech companies to fend off antitrust criticism.\" 2/21/25, 7:29 Joshua D. Wright - Wikipedia 6/8 21. Mullins, Brody (2024-06-09). \"Hubris, Revenge and a Breakup Brought Down Big Tech's Proudest Ally\" ( The Wall Street Journal. Retrieved 2024-06-12. 22. Mullins, Brody (2024-06-06). \"The Hidden Life of Google's Secret Weapon\" ( en-us/money/companies/the-hidden-life-of-google-s-secret-weapon/ar-BB1nM8xa). MSN. The Wall Street Journal. Archived ( m/en-us/money/companies/the-hidden-life-of-google-s-secret-weapon/ar-BB1nM8xa) from the original on 2024-06-09. Retrieved 2024-06-10. 23. Mullins, Brody (2014-06-08). \"For Years, an Esteemed Law Professor Seduced Students. Was He Too Important to Fire?\" ( c75f916). The Wall Street Journal. Retrieved 2024-06-12. 24. Nylen, Leah; Bloomberg (28 August 2023). \"High-powered attorney who become a top federal regulator 'preyed on' students and colleagues over nearly 2 decades, women allege\" ( ne.com/2023/08/28/attorney-ftc-george-mason-university-sexual-misconduct-allegations/). Fortune. Archived ( ttorney-ftc-george-mason-university-sexual-misconduct-allegations/) from the original on 13 March 2024. Retrieved 30 August 2023. 25. Remaly, Ben; Langlois, Anna (2023-08-16). \"George Mason tight-lipped amid Wright sexual misconduct allegations\" ( pped-amid-wright-sexual-misconduct-allegations). Global Competition Review. Archived ( eb.archive.org/web/20231202061426/ mason-tight-lipped-amid-wright-sexual-misconduct-allegations) from the original on 2023-12-02. Retrieved 17 August 2023. 26. Coe, Aebra (2023-08-13 Suffered Silently': Ex-Law Prof Allegedly Preyed On Students\" (http s:// Law360. Archived ( 230847/ from the original on 2024-06-04. Retrieved 17 August 2023. 27. Charnosky, Christine (2023-08-17). \"Former Law Professor Accused of Sexual Misconduct\" ( Law.com. Archived ( 7/former-gmu-law-professor-accused-of-sexual-misconduct/) from the original on 2023-08-17. Retrieved 17 August 2023. 28. Mullins, Brody (2014-06-08). \"For Years, an Esteemed Law Professor Seduced Students. Was He Too Important to Fire?\" ( c75f916). The Wall Street Journal. Retrieved 2024-06-12. 29. Mullins, Brody (2024-06-09). \"Hubris, Revenge and a Breakup Brought Down Big Tech's Proudest Ally\" ( The Wall Street Journal. Retrieved 2024-06-12. 30. Papscun, Dan (2023-08-25). \"Ex Official Accused of Sexual Misconduct Sues for Defamation\" ( t-sues-for-defamation). Bloomberg Law. Retrieved 2023-08-28. 31. Charmosky, Christine (2024-06-12). \"Joshua Wright's $108M Defamation Case Against Former Students to Proceed to Trial\" ( ase-against-former-students-to-proceed-to-trial/). Law.com. Retrieved 2024-06-12. 32. Charnosky, Christine (2023-12-05). \"Joshua Wright Sues for Alleged Title Violations, but Has $108M Defamation Suit Against Accusers Tossed\" ( right-sues-gmu-for-alleged-title-ix-violations-but-has-108m-defamation-suit-against-accusers-tosse d/?slreturn=20231105222745). Law.com. Archived ( m-defamation-suit-against-accusers-tossed/) from the original on 2024-03-01. Retrieved 6 December 2023. 2/21/25, 7:29 Joshua D. Wright - Wikipedia 7/8 33. Manta, Irina (2024-06-10). \" \"Strangers on the Internet\" Podcast Ep. 62: Dilan Esper Follow-up on Joshua Wright's Lawsuits\" ( st-ep-62-dilan-esper-follow-up-on-joshua-wrights-lawsuits/). Reason.com. Retrieved 2024-06-12. 34. Mullins, Brody (2014-06-08). \"For Years, an Esteemed Law Professor Seduced Students. Was He Too Important to Fire?\" ( c75f916). The Wall Street Journal. Retrieved 2024-06-12. 35. Nylen, Leah; Bloomberg (28 August 2023). \"High-powered attorney who become a top federal regulator 'preyed on' students and colleagues over nearly 2 decades, women allege\" ( ne.com/2023/08/28/attorney-ftc-george-mason-university-sexual-misconduct-allegations/). Fortune. Archived ( ttorney-ftc-george-mason-university-sexual-misconduct-allegations/) from the original on 13 March 2024. Retrieved 30 August 2023. 36. \"Hon. Joshua D. Wright\" ( The Federalist Society. Retrieved 2024-06-17. Appearances ( on Retrieved from \" External links 2/21/25, 7:29 Joshua D. Wright - Wikipedia 8/8", "8994_107.pdf": "Alexandria Division WRIGHT, ) Plaintif,f ) ) V. Case No. 1:24-cv-2 UNIVERSITY, et ai. ) ) ) Defendants This matter comes before the Court on Plaintiffs Motion for a Preliminary Injunction (Dkt. 5) and Defendants\u2019 Motion to Dismiss (Dkt. 6). Plaintiff, a former law professor of the Rector and Visitors of George Mason University (\u201cGeorge Mason\u201d or \u201cUniversity\u201d), has filed this civil action against the University as well as its Title Coordinator, Thomas Bluestein (\u201cDefendant Bluestein\u201d). See Dkt. 1-2 (\u201cCompL\"). The action stems from competing Title sexual harassment and retaliation complaints: the first was filed against Plaintiff by his former student, Elyse Dorsey (\u201cDorsey\u201d), and the second was filed by Plaintiff against Dorsey. George Mason dismissed Plaintiffs Title complaint while proceeding with an investigation into Dorsey\u2019s claims. As a result. Plaintiff filed the instant suit, challenging Defendants\u2019 actions as violating Title of the Education Amendments of 1972 (\u201cTitle IX\u201d); the Equal Protection and Due Process Clauses of the Fourteenth Amendment; the First Amendment; and common law. Plaintiff also seeks a preliminary injunction to enjoin Defendants from continuing their Title investigation. See Dkt. 5. Separately, Defendants have filed a motion seeking to dismiss the Complaint based on lack of subject matter jurisdiction as well as failure to state a claim. For the reasons that follow. Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 1 of 43 PageID# 508 Plaintiffs Motion for a Preliminary Injunction (Dkt. 5) is denied and Defendants\u2019 Motion to Dismiss (Dkt. 6) is granted in part and denied in part. Factual and Procedural Background The following facts, taken from Plaintiffs Complaint, are accepted as true for purposes of -.1 this matter: In 2004. Joshua Wright fTlaintiff\u2019) began working as a law professor at George Mason. Compl. ^ 5. In 2016, Plaintiff became a tenured professor at the University. Id. ^ 9. During the time of his professorship, Plaintiff engaged in other professional endeavors, including serving as a commissioner of the Federal Trade Commission, holding positions in private law practices, and managing his own consulting business. Id. 11-12. While teaching at George Mason, Plaintiff met Dorsey, who was his student. See id. ^ 39. In the summer of 2010, Plaintiff and Dorsey \"began a romantic relationship\u201d that \u201ccontinued for eleven years, on an on-and-off basis.\u201d Id. 40-41. Throughout their relationship, Plaintiff and Dorsey collaborated on several academic and legal projects together, and the two supported each other\u2019s careers. Id. 43^7. For instance, in 2021, Plaintiff helped create a fellowship at the University of Virginia for Dorsey to obtain. Id. ^ 48. In late October 2021, Plaintiff ended his on-and-off relationship with Dorsey, telling her, in writing, that he was breaking up with her to pursue another romantic relationship. Id. ^ 50. Immediately after ending the relationship, Dorsey allegedly became \u201chostile and vindictive.\u201d Id. ^51. According to Plaintiff, Dorsey sent him a series of text messages questioning why and how he broke up with her; came uninvited to the law school and waited for Plaintiff outside of one of \u2019 In considering a motion to dismiss for failure to state a claim, \u201ca court accepts all well-pled facts as true and construes these facts in the light most favorable to the plaintiff[.]\u201d Nemel Chevrolet, Ltd. V. Consumeraffairs.com. Inc., 591 F.3d 250, 255 (4th Cir. 2009). 2 Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 2 of 43 PageID# 509 his classes before following him to his office; yelled at Plaintiff and demanded to speak with him about their relationship once the two were in his office; and repeatedly contacted Plaintiffs current girlfriend as well as his assistant. Id. 52-57. Then, on December 12, 2021, Dorsey filed a formal Title complaint against Plaintiff with George Mason, alleging, among other things, that Plaintiff sexually assaulted her at the beginning of their relationship. Id. 60. 62. Dorsey\u2019s Title complaint also alleges that Dorsey broke up with Plaintiff (instead of the other way around) and because of this, Plaintiff (1) removed Dorsey as an adjunct faculty member at George Mason for a spring 2022 Antitrust course in the online program; and (2) frustrated/delayed Dorsey\u2019s receipt of stipend funds associated with a visiting scholar position at the University of Virginia. Id. ^63. On July 8,2022, Dorsey amended her Title complaint to also allege that after she filed her complaint. Plaintiff retaliated against her by restricting her ability to teach an antitrust class at George Mason. Id. ^ 67. However, according to Plaintiff, 'The position was already filled on October 13, 2021, eight days prior to [Plaintiff and Dorsey\u2019s] relationship ending.\"\u2019 Id. ^ 69. On January 28, 2022, George Mason notified Plaintiff that it was opening a formal Title investigation based on Dorsey\u2019s complaint pursuant to 34 C.F.R. \u00a7 106.45. Id. \\11. That same day, the University\u2019s Title office issued a \u201cNo Contact Order\u201d prohibiting Plaintiff and Dorsey from contacting each other either directly or indirectly. Id. ^ 78. Although Dorsey\u2019s formal complaint was filed in December 2021, and George Mason notified Plaintiff about the investigation in January 2022, the University did not appoint an investigator to interview him until mid-May 2022. Id. ^ 82. During the intervening time, Dorsey and Angela Landry (\u201cLandry\u201d), another one of Plaintiffs former students, allegedly \u201cembarked on a campaign to contact [Plaintiffs consulting] clients and tell them, falsely, that he sexually harassed them and other Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 3 of 43 PageID# 510 Id. ^ 87. George Mason's Title investigation of the allegations against Plaintiff students. remains ongoing. Id. ^ 86. On June 6, 2022, Plaintiff filed his own Title complaint against Dorsey. Id. ^ 88. In his Title complaint, Plaintiff alleged that Dorsey \u201chad (1) retaliated against him; [and] (2) sexually harassed him by contacting his clients and telling them falsely that he sexually harassed or assaulted her[;] and by her coming to [Plaintiffs] office uninvited and berating him about their romantic relationship[;] and by calling his girlfriend repeatedly[.]\u201d Id. ^ 89. Plaintiffs Title complaint also alleged that Dorsey had violated the No Contact Order by contacting Plaintiffs clients to harass and defame him. Id. Without conducting an investigation, George Mason dismissed Plaintiffs Title complaint against Dorsey. Id. ^ 90. In its dismissal notice (\u201cNotice of Dismissal\u201d), the University considered Plaintiffs claim that Dorsey may have been an \u201cactive employee[.]\u201d See id. ^ 93; Dkt. 7-1 at 1. Ultimately, the University concluded that because Dorsey was neither enrolled nor employed by George Mason at the time that Plaintiff filed his complaint, the University lacked \u2018jurisdiction to pursue the [] complaint.\u201d See Compl. 91-92; Dkt 7-1 at 1. Plaintiff acknowledges that Title regulations allow a university to dismiss a complaint where the respondent is not enrolled or employed at the university. Compl 92. However, Plaintiff alleges that Dorsey did have some sort of employment relationship with George Mason in that she \u201chad an arrangement to monitor an online class at the University when that course Id. 93. Plaintiff further alleges that George Mason\u2019s reference to Dorsey as not was offered. being an \u201cactive employee\u201d in the Notice of Dismissal suggests that Dorsey was employed by George Mason in some manner. Id. 4 Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 4 of 43 PageID# 511 Sometime after the dismissal of Plaintiffs Title complaint, Dorsey and Landry sent Plaintiff and George Mason a letter demanding a multi-million-dollar payment to settle their Title and Title claims against Plaintiff and the University. Id. 96, 99. Despite the ongoing Title investigation, the University paid Dorsey and Landry $475,000 to settle their claims. Id. 11^101,147. On June 26, 2023, Plaintiff submitted his resignation letter, believing that he would not receive any fair process from George Mason. Id 103-04. His resignation became effective on August 8, 2023. Id. 1| 104. The same day that Plaintiffs resignation took effect, Dorsey publicly announced her claims of sexual harassment against Plaintiff and her criticism of George Mason for delaying the adjudication of her Title complaint. Id 105-06. In response to Dorsey\u2019s public statements. several of George Mason\u2019s administrators made their own public statements about the allegations. Id 107. On or about August 21,2023, the dean of the law school f\u2018Dean Randall\u201d) sent an email to the entire student body addressing the allegations against Plaintiff and disclosing that George Mason had restricted Plaintiff from contacting students. Id 108-09. Prior to sending this email. Dean Randall called and told Plaintiff that his \u2018\u2018hands were tied\u2019' and that the law school needed to make a statement because \u201cthey were getting killed by the press.\u201d Id 112. On August 28, 2023, George Mason\u2019s president published a statement that the University would be reforming its policies and increasing Title training in response to the allegations against Plaintiff. Id 115. Then, on or about August 30, 2023, Dean Randall sent an email to the law school\u2019s alumni, expressing \u201cdeep concern[]\u201d about the allegations against Plaintiff and stating that the school would be conducting a review of its Title process to ensure \u201ca safe and In September 2023, George Mason welcoming environment for everyone. Id. lit 113-14. 5 Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 5 of 43 PageID# 512 implemented a new policy banning consensual relationships between students and employees. Id. 30, 116. That same month, George Mason released a public statement thanking Dorsey and Landry for being \u201cbrave women [who] courageously came forward to bring allegations of sexual misconduct to the [Ujniversity\u2019s attention.\u201d Id. 124-25. On August 24, 2023, amid the publicity surrounding the allegations made against him, Plaintiff sued Dorsey and Landry for defamation in state court. Id. ^ 120. In response to Plaintiff s defamation lawsuit, Dorsey filed an amended Title complaint to include the allegation that Plaintiffs lawsuit constitutes retaliation under Title and the University\u2019s Title policy. Id. ^ 132. Plaintiff s defamation lawsuit remains ongoing. See id.^\\20. On September 7, 2023, George Mason, through Defendant Bluestein, sent Plaintiff an amended notice stating that it had accepted Dorsey\u2019s amended complaint. Id. ^ 133. In response to George Mason\u2019s amended notice. Plaintiff\u2014through counsel\u2014sent the University a letter raising Plaintiffs concerns that the school\u2019s decision to investigate him for filing a lawsuit would (1) unconstitutionally chill his First Amendment right to petition his government for a redress of grievances; (2) violate Title IX\u2019s regulations by expanding the \u201ceducation program or activity\u201d of the school to include a court of law; and (3) demonstrate bias against Plaintiff on the basis of sex. Id. ^ 136. On October 4, 2023, Defendant Bluestein sent Plaintiff an email stating that the University\u2019s Title hearing officer would analyze Ibderal case law to assess whether Plaintiffs defamation lawsuit constitutes retaliation under Title and the University\u2019s Title policy. See /r/. Htl40, 146. On November 30, 2023, Plaintiff filed this instant lawsuit against Defendants in Fairfax County Circuit Court. Id. at 1. On January 2, 2024, Defendants removed the case to federal court pursuant to 28 U.S.C. \u00a7 1441. Dkt. 1. The Complaint raises nine causes of action: {1} Title 6 Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 6 of 43 PageID# 513 deliberate indifference claim (against George Mason); (2) Title selective enforcement claim (against George Mason); (3) Title - Sheppard claim (against George Mason); (4) Fourteenth Amendment, Equal Protection claim (against Defendant Bluestein in his individual capacity); (5) Fourteenth Amendment, Equal Protection claim (against Defendant Bluestein in his official capacity); (6) First Amendment, Petition Clause claim (against Defendant Bluestein in his individual capacity); (7) First Amendment, Petition Clause claim (against Defendant Bluestein in his official capacity); (8) Fourteenth Amendment, Due Process claim (against Defendant Bluestein in his official capacity); and (9) breach of contract claim (against George Mason). Compl. at 28- 41. Subsequently, the parties filed their respective motions. Dkts. 5, 6. Plaintiff has moved for a preliminary injunction \u201cprohibiting Defendants from continuing their investigation of [Dorsey\u2019s amended Title IX] complaint against [Plaintiff],\u201d titled the \u2018Second Amended Notice of Investigation\u2019... until [Plaintiffs] claims are fully litigated in this Court.\u201d Dkt. 5 at 1. Defendants moved to dismiss all nine counts of Plaintiff s Complaint, with prejudice, under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) for lack of subject matter jurisdiction as to certain claims and failure to state a claim as to all claims, respectively. Dkt. 6. On March 21, 2024, this Court held a hearing on the parties\u2019 motions. See Dkt. 16. Following the hearing, the Court took the matter under advisement. Id. This matter is now ripe for disposition. Legal Standard Motion to Dismiss A, Rule 12(b)(1) Motion to Dismiss 1. Federal district courts are courts of limited subject matter jurisdiction, Exxon Mobil Corp. Allapattah Servs., Inc., 545 U.S. 546, 552 (2005). \u201cIf the court determines at any time that it V. 7 Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 7 of 43 PageID# 514 Fed. R. Civ. P. 12(h)(3). lacks subject-matter jurisdiction, the court must dismiss the action. When a defendant challenges subject matter jurisdiction pursuant to Rule 12(b)(1), the plaintiff bears the burden of establishing that subject matter jurisdiction is proper by a preponderance of the evidence. United Slates ex rel. Vuyyiini v. Jadhav, 555 F.3d 337, 347 (4th Cir. 2009). In determining whether subject matter jurisdiction exists, the court must evaluate the allegations in the complaint as \u2018mere evidence,' and so may consider evidence outside the pleadings without converting the motion challenging jurisdiction into a summary judgment motion.\u201d Richmond, Fredericksburg & Potomac R. R. Co. v. United States, 945 F.2d 765, 768 (4th Cir. 1991). Dismissal on the grounds of sovereign immunity is appropriate pursuant to Rule 12(b)(1). See Hendy v. Bello, 555 F. App'x 224, 226-27 (4th Cir. 2014). Rule 12(b)(6) Motion to Dismiss 2. To survive a Rule 12(b)(6) motion to dismiss, a complaint must set forth \u201ca claim to relief that is plausible on its face.\u201d Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). This pleading standard does not require detailed factual allegations; rather, the plaintiff must plead factual content allowing the court to draw the reasonable inference that the defendant is liable for the alleged misconduct. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Accordingly, a complaint is insufficient if it relies upon \u201cnaked assertions\u201d and \u201cunadorned conclusory allegations\u201d devoid of Francis v. Giacomelli, 588 F.3d 186, 193 (4th Cir. 2009) (citations \u201cfactual enhancement.\u201d omitted). When reviewing a motion brought under Rule 12(b)(6), the court \u201cmust accept as true all of the factual allegations contained in the complaint,\u201d drawing \u201call reasonable inferences\u201d in the plaintiffs favor. E.l du Pont de Nemours & Co. v. Kolon Indus., Inc., 637 F.3d 435, 440 (4th Cir. 2011) (internal citations omitted). However, the court need not accept as true \u201c\u2018legal conclusions Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 8 of 43 PageID# 515 drawn from the facts\u2019 or any other \u2018unwarranted inferences, uni'easonable conclusions, or arguments.\u2019\u201d Kashdcm v. George Mason Univ., 70 F.4th 694, 700 (4th Cir. 2023) (citation omitted). Furthermore, in ruling on a 12(b)(6) motion, the court may consider \u201cdocuments incorporated into the complaint by reference and matters of which a court may take judicial notice.\u201d Tellahs, Inc. v. Makor Issues <& Rights, Ltd., 551 U.S. 308, 322 (2007). The court may also consider documents attached to a motion to dismiss so long as they are \u201cintegral to and explicitly relied upon in the complaint\u2019* and the authenticity of such documents is not disputed. Phillips V. LCIlnt'l, Inc., 190 F.3d 609, 618 (4th Cir. 1999). Analysis This Court will start its analysis with consideration of Defendants\u2019 Motion to Dismiss (Dkt. 6). Count One \u2014 Deliberate Indifference Claim Against George Mason Plaintiff claims that George Mason acted deliberately indi fferent to the sexual harassment he alleges he suffered. Specifically, Plaintiff alleges that Dorsey harassed him by \u201cslandering [him] as a perpetrator of sexual harassment[.]\u201d Compl. ^ 156. However, in his Opposition to Defendants\u2019 Motion to Dismiss, Plaintiff contends for the first time that Dorsey also sexually harassed him by berating him in public about their prior romantic and sexual relationship.^ Dkt. 12 at 14. Plaintiff asserts that this harassment was because of his sex. See Compl. ^ 156. ^ During the motions hearing, the Court questioned Plaintiff about the apparent discrepancy between Plaintiffs sexual harassment allegations raised in the Complaint versus that stated in his Opposition. At that time. Plaintiff conceded that the Complaint did not fully lay out Plaintiffs allegations of sexual harassment, and Plaintiff asked for leave to amend the Complaint to do so. However, for the reasons discussed infra, the Court finds that such amendment would be futile. U.S. ex rel. Wilson v. Kellogg Brown & Roo,f Inc., 525 F.3d 370, 376 (4th Cir. 2008) (\u201ca district court may deny leave [to amend] if amending the complaint would be futile[.]\u201d). 9 Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 9 of 43 PageID# 516 To slate a deliberate indifference claim under Title IX, a plaintiff must plausibly allege that \u201c(1) the educational institution receives federal funds, (2) the plaintiff was subjected to harassment based on [his] sex, (3) the harassment was sufficiently severe and pervasive to create a hostile environment in an educational program or activity, and (4) there is a basis to impute liability to the Stover V. Coll, of William & Mary in Va., 635 F. Supp. 3d 429, 442 (E.D. Va. 2022). institution. Defendants argue that Plaintiff fails to sufficiently allege the second, third, and fourth elements of a deliberate indifference claim. See Dkt. 7 at 6. The Court agrees. \u201cSexual harassment occurs when the victim is subjected to sex-specific language that is aimed to humiliate, ridicule, or intimidate.*' Jennings v. Univ. ofN.C., 482 F.3d 686, 695 (4th Cir. 2007). Here, Plaintiff asserts that he was subject to harassment on the basis of his sex because \u201cfalse accusations of sexual harassment contain \u2019sex-specific language aimed to humiliate, ridicule, or intimidate[.]\u201d' Dkt. 12at 14 (citation omitted). The Fourth Circuit, however, explicitly rejected this argument in Balazs v. Liebenlhal, 32 F.3d 151 (4th Cir. 1994). There, the Court determined that an allegation of being falsely accused of sexual harassment \u201cin no way states a cause of action that [the] plaintiff himself was a victim of discrimination based on his sex.\u2019' 32 F.3d at 155 (affirming the dismissal of the plaintiffs sex discrimination claim under Title in part on the grounds that \u201cthe complaint [was] devoid of any allegation that plaintiff was discriminated against because of his sex.\u201d). Plaintiff attempts to distinguish Balazs by asserting that the case involved a claim of sexual discrimination, whereas the instant case involves a claim of sexual harassment. See Dkt. 12 at 15-16. This distinction, particularly within the context of a Title civil action, is unsupported by relevant case law. Specifically, the Supreme Court has made clear that ''sexual harassment is discrimination in the school context under Title IX[.]\u201d Davis v. Monroe Cnty. Bd. ofEduc., 526 10 Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 10 of 43 PageID# 517 U.S. 629, 650 (1999) (emphasis added) (quotation marks omitted). Accordingly, the Court finds that Balazs is applicable to this instant action. Thus, Plaintiffs allegation that Dorsey falsely accused him of sexual harassment does not support his claim that he was subject to harassment on the basis of his sex. Likewise, the Court finds that Plaintiff cannot plausibly state a claim of sexual harassment based on Dorsey allegedly berating him about their prior relationship. Plaintiff relies on Luskin v. University of Maryland, College Park, Maryland, 2023 2985121 (4th Cir. Apr. 18, 2023), for the proposition that Dorsey targeted Plaintiff due to his sex, because she wanted a romantic The Court, however, finds Luskin to be See Dkt. 12 at 14-15. relationship with him. distinguishable. In Luskin, the district court determined that a reasonable factfinder could infer from a series of incidences that a male classmate wanted a romantic relationship with the female complainant and \u201cthus targeted her because of her sex.\u201d 2023 2985121, at *3 (citation and quotation marks omitted). However, in his Complaint, Plaintiff alleges that Dorsey berated him by \u2018'yell[ing] at him regarding the end of their relationship\u201d and how Plaintiff chose to end things, not that Dorsey went after him in pursuit of their previous relationship. See Compl. 53, 55 (emphasis added). In short, Plaintiff has failed to plausibly allege that Dorsey\u2019s conduct was due to his sex; and the Court does not find that a reasonable inference can be drawn that Plaintiff was subject to sex-based harassment. As to the third element, the Court finds that Plaintiff has failed to plausibly allege that \u201cthe harassment was sufficiently severe and pervasive to create a hostile environment in an educational program or activity.\u201d Stover, 635 F. Supp. 3d at 442. \u201cHarassment reaches the sufficiently severe or pervasive level when it creates \u2018an environment that a reasonable person would find hostile or Jennings, 482 abusive\u2019 and that the victim [himself] \u2018subjectively perceive[s] ... to be abusive. 11 Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 11 of 43 PageID# 518 F.3d at 696 (citation omitted). Further, a plaintiff asserting a Title deliberate indifference claim must sufficiently allege that the harassment had a \"concrete, negative effect on [his] ability to participate in [the institution\u2019s educational] program[s] or activit[ies].\u201d Id. at 699 (quotation marks and citations omitted). Here, Plaintiff claims that the harassment was \u201csufficiently severe and pervasive because the harassment was widespread at the University and in the general public.\u201d Compl. ^ 157. However, this claim is contradicted by the Complaint, which alleges that Dorsey did not go public with her accusations against Plaintiff until August 2023, after Plaintiff resigned from the University. Id. ^ 106. Furthermore, Plaintiff does not plausibly allege that Dorsey\u2019s conduct interfered with his ability to teach at the University or otherwise partake in its educational programs or activities. Plaintiff remained a tenured professor at George Mason until he resigned on August 8, 2023. See id. ^ 104. While Plaintiff asserts that, as a result of Dorsey\u2019s conduct, he experienced emotional distress, he does not allege that his decision to resign from the University was due to either Dorsey\u2019s conduct or the alleged emotional distress. See Dkt. 12 at 18. Rather, Plaintiff resigned because he believed that \u201che was not going to receive any fair process\u201d by the University. Compl. T| 103. Given this allegation, Plaintiff fails to plausibly allege that he experienced harassment that created a hostile environment at George Mason that interfered with his ability to participate in the University\u2019s educational programs or activities. Finally, the Complaint does not plausibly allege facts to meet the fourth element of Plaintiffs deliberate indifference claim: whether there is a basis to impute liability to the University. \u201cTo impute liability, the institution\u2019s response to the alleged harassment must be Stover, 635 F. Supp. 3d at 442 \u2018clearly unreasonable in light of the known circumstances, (quoting Davis, 526 U.S. at 648). Here, Plaintiff submits that George Mason acted deliberately 12 Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 12 of 43 PageID# 519 indifferent to his sexual harassment claim by dismissing his Title complaint without taking any investigatory action or formal steps in response to the complaint. Dkt, 12 at 18. However, the University\u2019s Notice of Dismissal indicates that George Mason\u2019s then Title Coordinator, Crystal Coombes, met with Plaintiff a week after the complaint was filed to \u201creview and clarify [Plaintiffs] complaint.\u201d See Dkt. 7-1 at 1.^ Further, it identifies the University\u2019s reason for dismissing Plaintiffs Title complaint: the University had determined that Dorsey \u201cwas no longer enrolled at or employed by the University\u201d at the time Plaintiff filed his complaint. Id. Plaintiff concedes that under Title IX\u2019s regulations, George Mason was permitted to dismiss his Title complaint if the University determined that Dorsey was neither enrolled at nor employed by the University at the time Plaintiff filed his formal complaint. See Compl. ^ 92; Dkt. 12 at 18. Specifically, the regulations provided that the recipient of federal educational funds \u201cmay dismiss [a] formal complaint... if at any time during the investigation or hearing[,]\u201d the recipient determined that \u201cthe respondent [of the complaint was] no longer enrolled or employed by the recipient[.]\u201d 34 C.F.R. \u00a7 106.45(b)(3)(ii).'' Here, the Complaint states that as a part of her formal Title complaint, Dorsey claimed that she was removed as the adjunct faculty for the online course for Spring 2022. See Compl. ^ 67. The Complaint further alleges that by October 13,2021, someone else had already filled the teaching position for the antitrust class Dorsey sought to teach at the University, several months before Plaintiff filed his own Title complaint. Id. | ^ Defendants attached the Notice of Dismissal as an exhibit to the memorandum in support of their Motion to Dismiss. See Dkt. 7-1. The Court can consider this exhibit as Plaintiff does not dispute its authenticity, and the exhibit is integral to and relied upon in the Complaint. See Phillips, 190 F.3dat618. ^ This regulation has since been amended to read as follows recipient may dismiss a complaint of sex discrimination made through its grievance procedures under this section\u201d if \u201c[t]he respondent is not participating in the recipient\u2019s education program or activity and is not employed by the recipient[.]\u201d 34 C.F.R. \u00a7 106.45(d)(1)(H) (effective August 1, 2024). 13 Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 13 of 43 PageID# 520 69. Thus, the Complaint indicates that any employment Dorsey had with the University ceased prior to Plaintiff filing his Title complaint. Plaintiff nevertheless argues that George Mason\u2019s use of the term \u201cactive employee\u201d in the Notice of Dismissal somehow suggests that Dorsey was employed by the University in some manner. Dkt. 12 at 19. The Court finds this argument unpersuasive. The use of the term \u201cactive employee\u201d referred to Plamtijf's stated belief as to Dorsey\u2019s employment status and not the University\u2019s. Specifically, the Notice of Dismissal provides that during the June 13, 2022 meeting between Ms. Coombes, Plaintiff, and his advisor, Plaintiff had articulated that \u201cspecial circumstances existed in the School of Law asynchronous [i'/c.] program that would provide that [Dorsey] was an active employee.\u201d Dkt. 7-1 at 1. However, the University had determined that at that time, Dorsey \u201cwas not actively teaching as an adjunct faculty member nor working for the University in any other known capacity[.]\u201d Id. Plaintiff has failed to raise any specific allegations to the contraiy. Accordingly, based on these circumstances, and in accordance with Title IX, George Mason had the authority to dismiss Plaintiffs Title complaint. Given these facts. Plaintiff has failed to plausibly allege a basis to impute liability to the University. In sum, the Court finds that Plaintiff has failed to state a plausible claim of deliberate indifference against George Mason. For this reason, Count One of the Complaint is dismissed. Count Two \u2014 Selective-Enforcement Claim Against George Mason 2. Next, Plaintiff raises a Title selective-enforcement claim against George Mason. In essence. Plaintiff asserts that he and Dorsey were similarly situated with respect to their Title complaints. Compl. ^ 165. Yet, according to Plaintiff, the University treated him differently on the basis of his sex when it decided to dismiss his Title complaint while continuing to investigate the claims in Dorsey\u2019s complaint. See id. 163-68. 14 Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 14 of 43 PageID# 521 \u201cTo state a selective-enforcement claim, a plaintiff must plausibly allege that regardless of his guilt or innocence, his gender was a but-for cause of... the decision to initiate the challenged disciplinary proceeding[.]\u201c Kashdan, 70 F.4th at 701 plaintiff can state such a selective- enforcement claim \u201cby plausibly showing that a similarly situated person of the opposite sex was treated more favorably.\u201d Id. Here, the Court does not find that Plaintiff has plausibly stated that Dorsey is a proper comparator for the purposes of his selective-enforcement claim. In evaluating Title claims, a court may \u201clook to case law interpreting Title of the Civil Rights Act of 1964[.]\u201d Jennings, 482 F.3d at 695. Within the context of Title VII, a plaintiff is similarly situated to his proposed comparator if \u201cthey are similar in all relevant aspects . .. Such a showing would include evidence that [the plaintiff and comparator ...] were subject to the same standards and . . . engaged in the same conduct without such differentiating or mitigating circumstances that would distinguish their conduct or the employer\u2019s treatment of them for it. Haywood v. Locke, 387 F. App\u2019x 355, 359 (4th Cir. 2010) (quotation marks and citations omitted). In Sheppard v. Visitors of Virginia State University, 993 F.3d 230 (4th Cir. 2021), the Fourth Circuit considered whether a plaintiff had plausibly alleged a Title sex discrimination claim under the selective enforcement theory. There, the plaintiff alleged that following an altercation between himself, his former girlfriend, and another female student, the university had discriminated against plaintiff on the basis of his sex by selectively enforcing its code of conduct in deciding to suspend the plaintiff but not the female student. Sheppard, 993 F.3d at 233, 237. The Fourth Circuit affirmed the district court\u2019s dismissal of the plaintiffs complaint, finding that the plaintiff had not plausibly alleged that he and the female student were similarly situated. Id. at 237. The Court specifically determined that although the plaintiff and his proposed comparator had been involved in the same altercation and subject to the same student code of conduct, the two 15 Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 15 of 43 PageID# 522 were not in \u201csimilar positions\" because their underlying conduct were \u201ctemporally and elementally distinct\u201d from each other. Id. The same is true in this instant action. Here, Plaintiff contends that he and Dorsey were similarly situated because the two 'alleged conduct [in their respective Title complaints] that, if true, would constitute a violation of University policy [.]\u201d Dkt. 12 at 19. Despite Plaintiffs assertion to the contrary, the allegations in his Complaint, accepted as true, show that he and Dorsey were not similarly situated. Plaintiff s Title complaint accused Dorsey of sexually harassing him by slandering him as a perpetrator of sexual harassment. See Compl. ^ 89. In contrast, Dorsey\u2019s Title complaint accused Plaintiff of (1) sexually assaulting her when he was a law professor and Dorsey was his student; and (2) engaging in quid pro quo sexual harassment. See id. 62-63. Therefore, the allegations in Plaintiff and Dorsey\u2019s respective Title complaints involved distinct factual allegations, alleged behavior, and temporal differences that undermine Plaintiffs claim that he and Dorsey were in similar positions with respect to their complaints. Furthermore, Plaintiff and Dorsey differed with respect to their employment status at the time that they initially filed their respective Title complaints. At the time that Dorsey filed her initial complaint in December 2021, Plaintiff was employed by George Mason. See id. ^ 62. In contrast, as noted earlier. Plaintiff has not plausibly alleged that Dorsey was similarly employed by the University at the time that he filed his Title complaint. See id. 69, 88, 90-91. As discussed earlier. Title expressly permits a university to dismiss a complaint brought against an individual that is not enrolled or employed by the university, Thus, Plaintiff and Dorsey were not in similar positions. Plaintiff submits that if Dorsey was not considered an employee when he filed his Title complaint, then the two were similarly situated, at least with respect to the University\u2019s handling 16 Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 16 of 43 PageID# 523 of Dorsey\u2019s amended Title complaint. Plaintiff reasons that he was no longer employed by the University at the time that Dorsey amended her Title complaint. Yet, despite neither being employed by the University, George Mason dismissed Plaintiffs complaint while allowing Dorsey to amend hers. Plaintiff submits that this constitutes sex-based discrimination under Title IX. See Dkt. 12 at 21. Plaintiff appears to ignore the fact that when Dorsey moved to amend her complaint, the University had already begun an investigation into the claims Dorsey made against Plaintiff when she filed her initial, formal Title complaint; and this investigation was initiated while Plaintiff was still employed by the University. This differs from the circumstances of Plaintiffs situation, in which he filed an initial formal complaint against a respondent (Dorsey) who was not enrolled or employed by George Mason at the time. Therefore, the Court finds that differentiating circumstances distinguish Plaintiffs situation from that of Dorsey\u2019s. As such. Plaintiff has not plausibly alleged that he and Dorsey were similarly situated. Separately, the Court finds that Plaintiff has failed to plausibly allege that his sex was a but-for cause of George Mason\u2019s decision to dismiss his Title complaint while continuing its investigation into Dorsey\u2019s claims. To state a sex discrimination, selective-enforcement claim under Title IX, a plaintiff must plausibly allege that his sex was \u201cthe \u2018but for\u2019 cause of his treatment under [the university\u2019s] disciplinary proceedings.\u201d Sheppard, 993 F.3d at 238. In Sheppard, the Fourth Circuit found that the plaintiff had \u201cfailed to plead facts sufficient to give rise to a plausible inference of discrimination that was caused by his sex\u201d in part because the plaintiff did not \u201cpoint[j to [any] discriminatory reason\u201d for the challenged action. Id. at 237-38. Here, Plaintiff asserts Compl. ^ 167. However, this is a that the alleged \u201cdisparate treatment was caused by [his] sex. conclusory allegation that by itself, is insufficient to state a plausible claim of sex discrimination. 17 Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 17 of 43 PageID# 524 See Doe v. Rector & Visitors of George A4ason Univ., 132 F. Supp. 3d 712, 732-33 (E.D. Va. 2015) (finding that the plaintiffs \u201ctwo allegations that gender bias is the \u2018only\u2019 explanation\u201d for the university\u2019s decision to expel him were \u201centirely conclusory and entitled to no weight under Twombiy and did not state a plausible sex discrimination claim under Title IX). Plaintilf fails to raise any specific factual allegations that give rise to a plausible inference that his sex was the but- for cause of George Mason\u2019s decision to dismiss his Title complaint and not Dorsey\u2019s. Accordingly, Plaintiffs selective-enforcement claim shall be dismissed. Counts Four and Five \u2014 Equal Protection Claim Against Defendant Bluestein Separate from his selective-enforcement claim against George Mason, Plaintiff has also 3. asserted equal protection claims against Defendant Bluestein in his individual and official capacities. These claims are predicated on the same set of facts as the selective-enforcement claim. Compare Compl. 165-67 (alleging that the University treated Plaintiff differently from Dorsey because of his sex) with id. 182-84 (same). To state a claim under the Equal Protection Clause, \u201ca plaintiff must plead sufficient facts to demonstrate plausibly that he was treated differently from others who were similarly situated, and that the unequal treatment was the result of discriminatory animus.\u201d Sheppard, 993 F.3d at 238 (quotation and citation omitted). Courts have determined that because the requirements for pleading a Title selective-enforcement claim and an equal protection claim based on sex are similar, dismissal of one claim generally forecloses the other. See id. at 234 (affirming the district court\u2019s decision to dismiss both the plaintiffs Title and equal protection claims \u201crelying on the same facts\u201d because \u201cthey fail for largely the same reasons[.]\u201d); see also Doe, 132 F. Supp. 3d at 734 (finding that because the plaintiffs equal protection claim was based on the same facts as his Title discrimination claim, the equal protection claim \u201cfail[ed] for the same reasons that doomed [the discrimination claim]; the allegations [were] insufficient to state a plausible claim.\u201d). 18 Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 18 of 43 PageID# 525 Here, as with the selective enforcement claim. Plaintiffs equal protection claims also fail because Plaintiff has not plausibly alleged either that (1) he and Dorsey were similarly situated or (2) that the University\u2019s decision to dismiss his Title complaint while proceeding with its investigation of Dorsey\u2019s complaint was because of his sex. Further, the Complaint is devoid of any specific allegations that Bluestein himself was motivated by discriminatory animus. As such, the Complaint fails to sufficiently allege facts that give rise to a plausible equal protection claim against Defendant Bluestein. See Sheppard, 993 F.3d at 238 (\"Absent any specific allegations that [the school administrator] was motivated by discriminatory animus, [the plaintilf s] Amended Complaint fails to give rise to a plausible equal protection claim and was properly dismissed.\u201d). For these reasons, the Court will dismiss Plaintiffs equal protection claims against Defendant Bluestein. Count Three - Sheppard Claim Against George Mason 4. Plaintiff asserts a separate Title cause of action pursuant to Sheppard v. Visitors of Virginia State University, 993 F.3d 230 (4th Cir. 2021). Specifically, Plaintiff alleges that under Sheppard, Title \u201cbar[s] discipline in educational institutions subject to Title where the plaintiffs sex is a but-for cause of the discipline.\u201d Compl. ^ 173. While he has not been formally disciplined, Plaintiff contends that he is \"imminently going to be disciplined by the University, and has already essentially been \u201cpublicly and officially disciplin[ed]\u201d by the University by virtue of its \u201cpublic statements in support of his female accusers and against him.\u201d Id. ^ 174. However, in his Opposition, Plaintiff argues, for the first time, that a purported Sheppard claim is not limited to disciplinary proceedings, but instead, \u201cbroadly asks whether a plaintiffs Dkt. 12 at 22. This proposition is contradicted sex is a but-for cause of the University\u2019s action. by Sheppard, which expressly determined what a party must plead to assert a Title claim in the 19 Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 19 of 43 PageID# 526 context of \u201chigher-education disciplinary proceedings'\" 993 F.3d at 235 (emphasis added). Thus, to the extent that there is a cognizable Title claim under a Sheppard theory, such a claim must be based on a Title disciplinary proceeding or action. Moreover, Plaintiffs argument that he is \u201cimminently going to be disciplined by the University\u201d is foreclosed by Reid v. James Madison University, 90 F.4th 311 (4th Cir. 2024). In Reid, the Fourth Circuit considered when, for the purpose of evaluating a statute of limitations defense. '*a plaintiffs claims that a university violated Title IX\u2019s anti-discrimination provisions\u201d accrues. 90 F.4th at 313. The Court ultimately held that a Title claim does not accrue until the institution \u201creache[s] a final decision in [the plaintiffs] Title proceedings.\u201d Id. at 321. Here, the Complaint makes clear that George Masoif s Title investigation into the accusations made by Dorsey against Plaintiff remains ongoing. See Compl. ^ 86. Accordingly, there has been no final determination made as to the Title proceedings. Similarly, under Sheppard and Reid, the public statements made by the University\u2019s officers do not constitute a final determination made in disciplinary proceedings. Accordingly, Plaintiffs Sheppard claim has not yet accrued and is premature. As such, the Court will dismiss the claim, but without prejudice.^ Count Eight - Due Process Claim Against Defendant Bluestein 5. Plaintiff has also raised a due process claim against Defendant Bluestein in his official capacity. The due process claim is based on the allegation that George Mason\u2019s public statements \u201cin support of [Plaintiffs] female accusers and in condemnation of him\u201d deprived Plaintiff of his liberty interest in his professional reputation and ability to pursue his occupation of choice. Compl. ^ Defendants contend that even if Plaintiff were to be found responsible for the claims made against him, \u201che will not face discipline because he is no longer a Mason employee.\u201d Dkt. 7 at 15. Despite Defendants\u2019 argument, the Court is not inclined at this time to completely shut the door on Plaintiffs claim given that it is not ripe. 20 Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 20 of 43 PageID# 527 219-25. Plaintiff, however, concedes that his Complaint does not sufficiently allege facts to support this claim. Dkt. 12 at 29. Plaintiff requests leave to amend to allege that he was constructively terminated from his job and effectively forced to resign in violation of the Due Process Clause. Id. In response. Defendants argue that amendment would be futile because Defendant Bluestein is entitled to sovereign immunity and therefore, the Court lacks subject matter jurisdiction over Plaintiffs due process claim. See Dkt. 13 at 17-18. The Court agrees. It is well-established that sovereign immunity protects unwilling States from suits brought in federal court, and \u201calso extends to state agencies and other government entities properly Amison v. George Mason Univ., 2023 8946774, at *2 characterized as \u2018arms\u2019 of the State. (4th Cir. Dec. 28,2023). \u201c[SJtate officers acting in their official capacity are entitled to [sovereign immunity] protection because \u2018a suit against a state official in his or her official capacity is not a suit against the official but rather is a suit against the official\u2019s office[.]\u201d\u2019 Id. (quoting Will v. Mich. Dep ofState Police, 491 U.S. 58,71 (1989)). The Supreme Court recognized an exception to the doctrine of sovereign immunity, \u201cpermit[ting] a federal court to issue prospective, injunctive relief against a state officer to prevent ongoing violations of federal law[.]\u201d McBurney v. Cuccinelli, 616 F.3d 393, 399 (4th Cir. 2010) (citing Ex parte Young, 209 U.S. 123, 159-60 (1908)). The exception, however, is narrow and only applies to \u201cprospective relief, [and] does not permit judgments against state officers declaring that they violated federal law in the past[.]\u201d Amison, 2023 8946774, at *3 (quotation marks and citation omitted). It is undisputed that George Mason is an \u201carm\u201d of the Commonwealth of Virginia See Litman v. George Mason Univ., 186 F.3d 544, 547 (4th Cir. 1999) (observing that George Mason subject at all times to the control of the Virginia General is a state-created university\u201d that is 646 21 Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 21 of 43 PageID# 528 Assembly.\u2019\u201d) (quoting Va. Code Ann. \u00a7 23-91.24)).^ Despite this, Plaintiff asserts that his due process claim falls under the Exparle Young exception to sovereign immunity. Dkt. 12 at 7-8. It does not. Initially, Plaintiff argued that as to his due process claim, he sought prospective relief by way of \"an order directing the recission of the government\u2019s statements against him[.]\u2019\u2018 Id. at 8. However, the University\u2019s statements were made in the past, and Plaintiff does not allege that similar statements will be made in the future. Thus, Plaintiff essentially seeks a declaration that the University\u2019s past conduct was unlawful. Such relief is not permitted under Ex parte Young. See DeBauche v. Trani, 191 F.3d 499, 505 (4th Cir. 1999) (\u2018The Ex parte Young exception . . . does not apply when the alleged violation of federal law occurred entirely in the past.\u201d) Now, Plaintiff seeks to amend his due process claim to allege that he was constructively terminated by, among other things, being \u201cplaced on extended leave prior to his resignation and prevented from being around students or teaching[.]\u201d Dkt. 12 at 29. These allegations, accepted as true, fail to establish application of the Ex parte Young exception. Defendant\u2019s alleged conduct occurred prior to Plaintiffs resignation, which took effect on August 8, 2023. Compl. ^ 104. Thus, Plaintiffs proposed constructive termination claim is predicated on past conduct. Accordingly, this claim cannot fall under the Ex parte Young exception when the claim does not involve an alleged ongoing violation of federal law. See DeBauche, 191 F.3d at 505. Consequently, the Court finds that allowing Plaintiff to amend his due process claim would be futile as Defendant Bluestein is protected by sovereign immunity. As such, the Court lacks Accordingly, Count Eight is dismissed without subject matter jurisdiction over this claim. ^ The Court notes that the version of the Virginia code section quoted here differs from the current version in form but not in substance. See Va. Code Ann. \u00a7 23.1-1500 (\u201cThe board shall at all times be under the control of the General Assembly.\u201d). 22 Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 22 of 43 PageID# 529 prejudice. See Reid, 90 F.4lh at 318 (noting that dismissal of a claim for lack of subject matter jurisdiction must be without prejudice). Count Nine - Breach of Contract Claim Against George Mason 6. In the Complaint, Plaintiff further asserts that George Mason violated its Title policy in at least four ways; and because the policy is incorporated by reference into Plaintiffs employment contract, each violation constitutes a breach of the employment contract. See Compl. 227-29. Defendants argue that sovereign immunity bars Plaintiffs breach of contract claim because Plaintiff failed to comply with the requirements of Virginia Code Ann. \u00a7 2.2-814. Dkt. 7 at 29. As noted earlier, sovereign immunity protects unwilling States from suits brought in federal court, and \u201calso extends to state agencies and other government entities properly characterized as Amison, 2023 8946774, at *2. Virginia law provides a limited waiver \u2018arms' of the State. of sovereign immunity for pecuniary claims brought against the Commonwealth. See Va. Code Ann. \u00a7 2.2-814; see also Amaram v. Va. Slate Univ., 476 F. Supp. 2d 535, 540 (E.D. Va. 2007) (providing that Virginia Code Ann. \u00a7 2.2-814 \u201crepresents a limited waiver of sovereign immunity for a \u201cpecuniary claim against the Commonwealth[.]'\u2019). However, Virginia Code Ann. \u00a7 2.2-814 provides that person having any pecuniaiy claim against the Commonwealth upon any legal ground shall present the same to the head of the department, division, institution or agency of the Commonwealth responsible for the alleged act or omission which, if proved, gives rise to the claim[.]\u201c Va. Code Ann. \u00a7 2.2-814. It is only after the presented claim is denied that the cause of action is deemed to have accrued. Va. Code Ann. \u00a7 8.01-192. Here, Defendants argue that Plaintiff has not satisfied the requirements of \u00a7 2.2-814 because he did not (1) present his breach of contract claim to the head of the University and (2) did not assert any claim for pecuniary damages prior to initiating this instant action. See Dkt. 13 23 Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 23 of 43 PageID# 530 at 18-19. In response, Plaintiff contends that he has complied with the statute\u2019s requirements by presenting the breach of contract claim to the University\u2019s counsel in a September 11,2023 letter. Dkt. 12 at 10. Having considered the letter, the Court finds that Plaintiff has not complied with the requirements of \u00a7 2.2-814.^ Specifically, the Court finds that Plaintiff fails to establish that serving the letter to George Mason\u2019s legal counsel equates to serving the head of the University. As to this issue, the Fourth Circuit\u2019s decision in Com'melli v, Rector & Visitors of the University of Virginia, 362 F. App\u2019x 359 (4th Cir. 2010), is instructive. In Cominelli. the Fourth Circuit affirmed a district court\u2019s decision to dismiss a breach of contract claim against the University of Virginia for failure to comply with \u00a7 2.2-814. 362 F. App\u2019x at 364. There, the plaintiff presented the breach of contract claim to the university\u2019s counsel rather than the university\u2019s president. See Cominelli v. Rector & Visitors of the Univ. ofVa., 589 F. Supp. 2d 706, 719 (W.D. Va. 2008). The district court determined that the president of the University of Virginia was the proper head of the university, and although the university\u2019s counsel represented the president, he was not the head of the state agency for purposes of complying with the statute. Id. Likewise, in this instant action, Plaintiff has not presented his breach of contract claim to the head of George Mason, and as such, he has failed to comply with \u00a7 2.2-814. Moreover, even if the letter was presented to George Mason\u2019s president, the Court finds that it failed to assert a pecuniary claim against the University. See Dkt. 12-1 at 2, 4 (indicating Plaintiffs desired relief ^ Plaintiff included the letter as a part of an exhibit attached to his Opposition to Defendants\u2019 Motion to Dismiss. See Dkt. 12 at 2-5. Defendants argue that the Court should not consider the letter because Plaintiff did not cite to or incorporate the letter in his Complaint. See Dkt. 13 at 18. However, the Court will consider the letter as Fourth Circuit case law clearly establishes that in determining whether subject matter jurisdiction exists, a court may consider evidence outside of the pleadings without turning a motion to dismiss into a motion for summary judgment. See Richmond, Fredericksburg & Potomac R. R. Co, 945 F.2d at 768. 24 Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 24 of 43 PageID# 531 for the University\u2019s alleged breach of the employment contract was either dismissal of the Second Amended Notice or a stay of the University\u2019s Title investigation). Therefore, Plaintiffs breach of contract claim is barred by sovereign immunity. In his Opposition, Plaintiff requests leave to amend to comply with \u00a7 2.2-814\u2019s requirements. Dkt. 12 at 10. However, the Court finds that such amendment would be futile because Plaintiff fails to state a plausible breach of contract claim. See Cozzarelli v. Inspire Pharrns.. Inc., 549 F.3d 618, 630 (4th Cir. 2008) (affirming that dismissal with prejudice is warranted where \"amendment would be futile in light of the [complaint\u2019s] fundamental deficiencies.\u201d). To state a breach of contract claim, a plaintiff must allege \"(i) ^ legally enforceable obligation of a defendant to [the] plaintiff; (2) the defendant\u2019s violation or breach of that obligation; and (3) injury or damage to the plaintiff caused by the breach of obligation.\u201d Filak v. George, 594 S.E.2d 610, 614 (Va. 2004). Here, as noted earlier, Plaintiff alleges that George Mason breached his employment contract by violating its own Title policy in at least four ways. See Compl. ^ 229. Specifically, Plaintiff alleges that George Mason \u201cbreached its own policy (and thus, the contract) by, among other things,\u201d (1) investigating Dorsey\u2019s retaliation claim even though the Fairfax County Circuit Court is not within the University\u2019s \u201csubstantial control\u201d; (2) using the term \u201cactive employee\u2019* to reject Plaintiffs Title complaint, though the term appears nowhere in the University\u2019s policy; (3) making public statements condemning Plaintiff and supporting his accusers in the middle of the Title investigation, where the University was required to presume Plaintiff not responsible until found otherwise; and (4) instructing its hearing officer to apply First Amendment case law in evaluating Dorsey\u2019s retaliation claim, though the University\u2019s policy does not empower hearing officers to do so. Id. 25 Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 25 of 43 PageID# 532 Excluding Plaintiffs contention about George Mason's use of the term \u201cactive employee,\u201d the three other ways in which Plaintiff alleges the University breached its Title policy all occurred after Plaintiffs employment contract terminated following his formal resignation. Thus, there was no longer an agreement to breach. Plaintiff argues that this is somehow immaterial because the \u201cUniversity policy . . . remains in force as to [PlaintifQ by virtue of the University\u2019s decision to continue to impose its Title process on [him].\u201d Dkt. 12 at 30. However, Plaintiff neither cites any legal authority nor points to any specific provision in the employment contract that could lead this Court to reasonably infer that George Mason remained legally bound by a contract that had already terminated. Therefore, Plaintiff has failed to plausibly allege that following his resignation, the University owed any legally enforceable obligation to him pursuant to the terminated employment contract. Similarly, Plaintiffs contentions about the University\u2019s purported use of the term \u201cactive employee\u201d in its Notice of Dismissal of Plaintiffs Title complaint are also insufficient to plausibly allege a breach of contract claim. Plaintiff does not point to any particular provision of either the University\u2019s Title policy or the employment contract that prohibits the use of the term \u201cactive employee.\u201d Nor does Plaintiff explain how the use of this term constitutes a breach of a legally enforceable obligation. As such, this allegation does not support Plaintiffs breach of contract claim. Accordingly, Plaintiffs breach of contract claim is dismissed. Counts Six and Seven - First Amendment Claims Against Defendant Bluestein 7. Lastly, Counts Six and Seven raise First Amendment, Petition Clause claims against Defendant Bluestein in his individual and official capacity, respectively. In particular, Plaintiff alleges that Defendant Bluestein violated his First Amendment right to petition his government for redress by accepting Dorsey\u2019s amended Title complaint, which charged Plaintiff with retaliation for filing his defamation lawsuit against her and Landry. See Compl. at 35-38. In 26 Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 26 of 43 PageID# 533 keeping, Plaintiff requests \u201cinjunctive relief in the form of an order directing Defendant Bluestein to dismiss Ms. Dorsey\u2019s amended complaint*\u2019 and asks this Court to issue \u201can order staying the [Title IX] investigation[.]\u201d Id. ^ 217; Dkt. 5-1 at 16. Defendants move to dismiss these two counts, arguing that (1) Plaintiff cannot state a plausible First Amendment claim because, in light of the ongoing investigation, the University must be able to assess whether Plaintiffs defamation lawsuit constitutes unlawful retaliation under Title IX; and (2) to the extent Plaintiff can state a First Amendment claim against Defendant Bluestein in his official capacity, the claim against Defendant Bluestein in his individual capacity should be dismissed under qualified immunity. See Dkt. 7 at 22-25. Separately, Defendants oppose Plaintiffs motion for a preliminary injunction, asserting that Plaintiff is unable to satisfy the requirements for such injunctive relief. See generally Dkt. 11. A. Plausibility ofPlainliff's First Amendment Retaliation Claim To state a First Amendment retaliation claim, a plaintiff must allege that \u201c(1) [he] engaged in protected First Amendment activity, (2) the defendants took some action that adversely affected [his] First Amendment rights, and (3) there was a causal relationship between [his] protected activity and the defendants\u2019 conduct.\u201d Constantine v. Rectors and Visitors ofGeorge Mason Vniv., 411 F.3d 474, 499 (4th Cir. 2005). Here, Plaintiff alleges that in retaliation for filing his defamation lawsuit, George Mason, through Defendant Bluestein, accepted Dorsey\u2019s amended Title complaint even though neither Dorsey nor Plaintiff were enrolled or employed by the University at the time Dorsey submitted her amended complaint. See Compl. 132-39. Plaintiff further alleges that (1) George Mason seeks to punish him for filing his lawsuit, which constitutes First Amendment protected activity; (2) the University\u2019s acceptance of Dorsey\u2019s amended complaint has a chilling effect on the exercise of his First Amendment protected activity because 27 Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 27 of 43 PageID# 534 an official threat of enforcement or punishment; and (3) George Mason\u2019s it amounts to retaliatory motive is evidenced by \"the University ma[king] public statements praising [Plaintiffs] female accusers and condemning him, pa[ying] his false accusers $475,000. and dismiss[ing] his [Title IX] complaint[] while allowing [JDorsey\u2019s to proceed[.]\u201d See id. 147-49, 198-200, 205. As to the first element of Plaintiff s claim, Defendants concede that to the extent Plaintiff s defamation lawsuit properly constitutes protected activity, then Plaintiff satisfies this element. See Dkt. 7 at 23. However, Defendants argue that because Title prohibits retaliatory conduct that does not constitute First Amendment protected activity, and binding precedent establishes that certain lawsuits may fall outside the bounds of protected activity, then there is a question of whether Plaintiffs defamation lawsuit is protected by the First Amendment. See id. at 22-23 (citing 34 C.F.R. \u00a7 106.71; BillJohmon\u2019s Rests., Inc. v. NLRB, 461 U.S. 731, 743 (1983) (holding that \u201cbaseless litigation is not immunized by the First Amendment right to petition\u201d); Darveaii v. Delecon, Inc. ,515 F.3d 334, 341 (4th Cir. 2008)). Defendants further contend that because Dorsey alleged in her amended complaint that Plaintiff filed the defamation lawsuit in retaliation for her Title complaint, then George Mason, as the educational institution overseeing the Title investigation, must be able to investigate whether Plaintiffs lawsuit constitutes retaliation under Title IX. Id. In considering Defendants\u2019 arguments, the Court finds that they attempt to challenge the merits of Plaintiff s First Amendment claim rather than merely focusing on the \u201clegal sufficiency of [the] complaint[.]\u201d See Francis v. Giacomelli, 588 F.3d 186, 192 (4th Cir. 2009 motion filed under Rule 12(b)(6) challenges the legal sufficiency of a complaint[.]\u201d). Here, the Court finds that the Complaint sufficiently alleges that Plaintiff engaged in First Amendment protected activity. 28 Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 28 of 43 PageID# 535 Specifically, Plaintiff alleges that on the day his resignation became effective, Dorsey publicized her accusations against him in the media. Compl. ^ 105. As a result, he was \u201csubjected to near constant press inquiries and media articles labeling him a perpetrator of sexual harassment[.]\u2019' Id. ^ 106. Plaintiff contends that it was \u201c[i]n response to the [] very public defamation*' by Dorsey, along with Landry, that he filed his defamation lawsuit on August 24, 2023. Id. ^ 120. Accepting these allegations as true, the Court finds that Plaintiff has plausibly alleged that in filing his defamation lawsuit, he engaged in First Amendment protected activity by seeking recourse from his government for allegedly defamatory conduct levied against him. The Court further finds that Plaintiff has sufficiently alleged that Defendants\u2019 conduct adversely affects his First Amendment right. \u201c[F]or purposes of a First Amendment retaliation claim under [42 U.S.C.] \u00a7 1983, a plaintiff suffers adverse action if the defendant\u2019s allegedly retaliatory conduct would likely deter a person of ordinary firmness from the exercise of First Amendment rights.\u201d Constantine, 411 F.3d at 500 (internal quotation marks and citation omitted). This is an objective inquiry which turns on \u201cconduct that tends to chill such [First Amendment] activity, not just conduct that it completely.\u201d Id. Here, Plaintiff alleges that the University\u2019s decision to charge him with retaliation by accepting Dorsey\u2019s amended Title complaint \u201cproduces an unconstitutional \u2018chilling effect\u2019 on protected First Amendment activity even absent any finding of responsibility, because the charge of retaliation is an official threat of enforcement[.j\u201d Compl. 205. Plaintiff further alleges that even after raising his concerns to the University regarding the potentially chilling effect on Plaintiffs First Amendment right, the University responded that Plaintiff could seek court relief while the University continued with its investigation. See id. 136, 138-39. 29 Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 29 of 43 PageID# 536 This Court is persuaded that Defendants\u2019 conduct could plausibly have a chilling effect on a reasonable person\u2019s exercise of the First Amendment right to petition one\u2019s government for redress of grievances. In particular, the Court finds that Plaintiff has plausibly alleged that being placed under an investigation for pursuing one\u2019s right to seek legal remedies against potentially defamatory conduct would, by its very nature, likely deter an objectively reasonable person from freely exercising their right to petition. Accordingly, the Court finds that Plaintiff has plausibly alleged that Defendants have taken an adverse action against him. Finally, as to the third element, \u201c[i]n order to establish th[e] causal connection, a plaintiff in a retaliation case must show, at the very least, the defendant was aware of [him] engaging in protected activity.... Knowledge alone, however, does not establish a causal connection between the protected activity and the adverse action. There must also be some degree of temporal Constantine, 411 F.3d at 501 (quotation marks and proximity to suggest a causal connection. internal citations omitted). Here, Plaintiff alleges that (1) he filed his defamation lawsuit on August 24, 2023; (2) on September 7, 2023, Defendant Bluestein notified him that the University had accepted Dorsey\u2019s amended Title complaint and would be investigating whether Plaintiffs lawsuit constitutes retaliation under Title IX; (3) as of October 4, 2023, the University\u2019s appointed investigator has been investigating Plaintiffs lawsuit; and (4) during this period of time, the University made a number of public statements praising Dorsey and Landry while condemning Plaintiff See Compl. 120, 124-25, 133-34, 146. The Court finds that based on these allegations Plaintiff has plausibly alleged a causal connection between his First Amendment activity and the University\u2019s adverse action. Two weeks separated the time between when Plaintiff filed his defamation lawsuit and when the University 30 Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 30 of 43 PageID# 537 accepted Dorsey\u2019s Title complaint. Thus, the close temporal proximity between Plaintiffs apparent protected activity and the University\u2019s alleged adverse action helps plausibly establish the causal connection of Plaintiff s First Amendment retaliation claim. Moreover, the Court agrees with Plaintiff that the public statements the University made amid the ongoing Title investigation plausibly allege a retaliatory motive behind the University\u2019s decision to accept Dorsey\u2019s amended complaint and investigate Plaintiffs defamation lawsuit. Chief among those statements are (1) the University President\u2019s August 28,2023 statement informing the George Mason community that the University would be reforming some of its policies, including its policy around sexual or romantic relationships between students and employees, in light of \u201ca situation that [the University was] addressing involving accusations of sexual misconduct by a former member of the Scalia Law School faculty[;]\u201d and (2) the University\u2019s September 14, 2023 statement thanking Dorsey and Landry for being \u201cbrave women [who] courageously came forward to bring allegations of sexual misconduct to the university\u2019s attention\u201d and \u201ccondenm[ing] any attempt to silence or intimidate individuals from making good faith complaints of misconduct[.]\u201d See Compl 115,124-25; see also Dkt. 7-4 at 2-3.* Though these statements did not explicitly identify Plaintiff by name, it is evident that the statements were made in reference to Plaintiff and the allegations against him. Given the fact that these statements were made within a short period of time between when Plaintiff filed his defamation lawsuit and the University accepted Dorsey\u2019s amended Title complaint. Plaintiff has adequately alleged a causal connection between his First Amendment activity and the University\u2019s adverse action. 8 The Court may consider the collection of the University\u2019s public statements attached to Defendants\u2019 Motion to Dismiss as the statements were incorporated into the Complaint by reference. See Tellabs, Inc., 551 U.S. at 322. 31 Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 31 of 43 PageID# 538 Accordingly, the Court finds that Plaintiff has stated a plausible First Amendment retaliation claim as to Counts Six and Seven. B. Qualiifed Immunity Defense The Court, however, must address Defendants\u2019 argument that Defendant Bluestein is immune from suit in his individual capacity (Count Six of the Complaint) under the doctrine of qualified immunity. See Dkt. 7 at 24. Qualified immunity \u201cshields government officials from liability for civil damages, provided that their conduct does not violate clearly established statutory Meyers v. Ball. Cnty., Md., or constitutional rights within the knowledge of a reasonable person. 713 F.3d 723, 731 (4th Cir. 2013). \u201cTo be clearly established, \u2018existing precedent must have placed the statutory or constitutional question beyond debate.\u2019\u201d Booker v. S. C. Dep \u2019l of Corr., 855 F.3d 533. 538 (4th Cir. 2017) (quoting ^i77C7*q//v. al-Kidd, 563 U.S. 731, 741 (2011)). However, \u201cit is not required that a right violated already have been recognized by a court in a specific context before such right may be held \u2018clearly established\u2019 for purposes of qualified immunity.\u201d Meyers, 713 F.3d at 734. Rather, the concern is whether the contours of the right \u201care sufficiently clear that a \u2018reasonable official would understand that what he is doing violates that right.\u2019\u201d Booker, 855 F.3d at 538 (quoting Carroll v. Carman, 574 U.S. 13, 16 (2014)). In this case, Defendants assert that there is no clearly established Supreme Court or Fourth Circuit case law addressing the First Amendment within the context of Title IX. Dkt. 7 at 24. Thus, Defendant Bluestein cannot be held personally liable for allegedly violating Plaintiffs First Amendment right. Id. at 24-25. In response, Plaintiff contends that \u201c[w]hen the University decided to punish [Plaintiff] for filing his lawsuit, it was clearly established that filing lawsuits is constitutionally protected activity.\u201d Dkt. 12 at 28. Despite Plaintiffs argument to the contrary. 32 Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 32 of 43 PageID# 539 the Court finds that Defendant Bluestein is entitled to qualified immunity from suit in his individual capacity. Although the Court finds that Plaintiff has plausibly alleged a violation of his First Amendment right to petition, it was not sufficiently clear that by accepting a retaliation claim in a Title investigation, Defendant Bluestein was violating Plaintiffs First Amendment right. First, the Court notes the fact that no other court has been faced with addressing the interplay between Title IX\u2014and specifically its prohibition against retaliatory conduct\u2014and the First Amendment. Therefore, this is a matter of first impression. This, in and of itself, weighs strongly toward finding that Plaintiffs right to file his defamation lawsuit amid the Title investigation was not clearly established. Moreover, as will be discussed in depth below, both Supreme Court and Fourth Circuit precedent establish that a lawsuit lacking a reasonable basis in law and fact may constitute See Bill unlawful retaliation and is entitled to no protection under the First Amendment. Johnson's, 461 U.S. at 743; Darveau, 515 F.3d at 341. Further, the parties do not dispute the fact that Title prohibits retaliatory conduct that is unprotected by the First Amendment. See Dkt. 7 at 23; Dkt. 12 at 2, 28; see also 34 C.F.R. \u00a7 106.71. Therefore, the Court finds that in the wake of the ongoing Title investigation and allegations that Plaintiffs defamation lawsuit constitutes retaliation under Title IX, it was within the purview of Defendant Bluestein, as George Mason\u2019s Title Coordinator, to consider whether Plaintiffs lawsuit may have violated Title IX. Thus, the Court is persuaded that a reasonable official in Defendant Bluestein\u2019s position would not have understood that investigating the defamation lawsuit as part of the ongoing Title proceeding violated Plaintiffs First Amendment right. Therefore, the Court finds that Defendant Bluestein is 33 Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 33 of 43 PageID# 540 entitled to qualified immunity. Accordingly, the Court will dismiss Count Six against Defendant Bluestein but Count Seven may proceed Plainliffs Motion for a Preliminary Injunction Having found that Plaintiff has plausibly alleged a First Amendment retaliation claim against Defendant Bluestein in his official capacity, the Court must now address whether Plaintiff is entitled to his request for a preliminary injunction to enjoin Defendants from continuing their Title investigation during the pendency of this civil action. See Dkt. 5. Rule 65 of the Federal Rules of Civil Procedure provides for the issuance of preliminary injunctions as a means of preventing harm to one or more of the parties before the court can fully adjudicate the claims in dispute.\u201d Fred Hutchinson Cancer Research Ctr. v. BioPet Vet Lab, Inc., 768 F. Supp. 2d 872, 874 (E.D. Va. 2011). \u2018'[A] preliminary injunction is \u2018an extraordinaiy remedy that may only be awarded upon a clear showing that the plaintiff is entitled to such relief\u201d\u2019 Perry Judd, 471 F. App\u2019x 219, 223 (4th Cir. 2012) (i'Perry IFj (quoting Winter v. Natural Res. Def V. Council Inc., 555 U.S. 7, 22 (2008)). Such remedy is \u201cnever awarded as of right.\u201d Winter, 555 U.S. at 24. In deciding whether to grant Plaintiffs motion for a preliminary injunction, the Court must consider whether Plaintiff has demonstrated \u201c\u2018[1] that he is likely to succeed on the merits, [2] that he is likely to suffer irreparable harm in the absence of preliminary relief, [3] that the Real Truth balance of equities tips in his favor, and [4] that an injunction is in the public interest. 951 About Obama, Inc. v. FEC, 515 F.3d 342, 346 (4th Cir. 2009) (alterations in original) (quoting Winter, 555 U.S. at 20), vacated on other grounds, 559 U.S. 1089 (2010). To succeed on the merits of his First Amendment retaliation claim. Plaintiff must establish that \u201c(1) [he] engaged in protected First Amendment activity, (2) the defendants took some action that adversely affected [his] First Amendment rights, and (3) there was a causal relationship 34 Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 34 of 43 PageID# 541 between [his] protected activity and the defendants\u2019 conduct.\u201d See Consicmtine, 411 F.3d at 499. The Court will address each element in turn. (i) First Amendment Protected Activity As noted earlier, Defendants argue that whether Plaintiff engaged in First Amendment protected activity remains in question as Title prohibits retaliatory conduct that is not protected by the First Amendment. Specifically, under Title IX, conduct that is meant to threaten or intimidate an individual for exercising any right or privilege secured by the statute or for filing a complaint constitutes unlawful retaliation. See 34 C.F.R. \u00a7 106.71 Prior to August 1, 2024, the regulation also provided that the \u201cexercise of rights protected under the First Amendment does not 10 Defendants contend that in light of the constitute retaliation\u201d under Title IX. Id. \u00a7 106.71(b)(1). ongoing Title investigation and Dorsey\u2019s accusation that Plaintiff filed his lawsuit in retaliation for her Title complaint, George Mason must be able to assess whether Plaintiffs defamation lawsuit is not protected by the First Amendment and constitutes unlawful retaliation under Title IX. Defendants argue that in making this assessment, the University adopted the correct legal standard taken from Supreme Court and Fourth Circuit case law, which considers whether the lawsuit lacks a reasonable basis in law or fact and was filed with a retaliatory motive. Dkl. 7 at 23. Plaintiff challenges Defendants\u2019 articulated standard, arguing that the applicable standai'd for determining whether a lawsuit falls outside of First Amendment protection is whether the lawsuit ^ The regulation was amended to include a definition for \u201cretaliation.\u201d See 34 C.F.R. \u00a7 106.2 (effective August 1, 2024). This language was omitted from the current version of 106.71. See 34 C.F.R. \u00a7 106.71 (effective August 1, 2024). 10 35 Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 35 of 43 PageID# 542 \u201cis utterly baseless or filed with knowledge of its falsity.\u201d Compl. ^ 199. Plaintiff maintains that his lawsuit is not utterly baseless but rather, properly constitutes First Amendment protected activity. See id. ^ 201; Dkt. 5-1 at 8. In Bill Johnson\u2019s, the Supreme Court defined the type of lawsuit that is not protected by the First Amendment. There, the Court considered whether the National Labor Relations Board (\u201cNLRB\u201d) had the authority to halt the prosecution of a state civil action filed by an employer in retaliation for employees exercising their federally protected labor rights \u201cwithout also finding that the lawsuit lacks a reasonable basis in fact.\u201d 461 U.S. at 733. In holding that the could not do so, the Court reasoned that while it was unlawful to prosecute meritorious actions, the same could not be said for suits that lacked a reasonable basis and do not fall \u201cwithin the scope of First Amendment protection[.]\u201d Id. at 743. The Court stated that \u201c[j]ust as false statements are not immunized by the First Amendment right to freedom of speech, baseless litigation is not immunized by the First Amendment right to petition.\u201d Id. (internal citations omitted). The Court then defined a baseless lawsuit as one that is filed with a \u201c[rjetalialory motive\u201d and that \u201clacks a reasonable basis in fact or law[.]\u201d Id. at 748. Following Bill Johnson T, the Fourth Circuit later applied the Supreme Court\u2019s articulation of a baseless lawsuit in Darvecm v. Deiecon, Inc., 515 F.3d 334 (4th Cir. 2008). Relying on the Bill Johnson\u2019s holding, the Fourth Circuit reversed the dismissal of the plaintiffs retaliation claim under the Fair Labor Standai'ds Act. The Court held that the plaintiff had sufficiently alleged that, in retaliation for his filing his civil action, his employer\u2019s lawsuit against him for fraud was filed with a retaliatory motive and without a reasonable basis in fact or law. Darvecm, 515 F.3d at 343. Since Bill Johnson's and Darveaii, various courts have applied their holding in other legal contexts involving retaliation claims. See, e.g.,Samirah v. Dist. Smiles, PLLC, 2023 3932317, 36 Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 36 of 43 PageID# 543 at *4 (D. Md. June 9, 2023) (finding that in an action brought under 42 U.S.C. \u00a7 1981, the plaintiff has sufficiently alleged that the defendants\u2019 counterclaims \u201cwere filed with a retaliatory motive and that they lack[ed] a basis in fact or law.\u201d); Melendez v. Poy Loiing Group, LLC, 2018 4637007, at *12 (D.D.C. Sept. 27, 2018) (staling that a baseless counterclaim could form the basis of a retaliation claim under the District of Columbia Wage Payment and Colleetion Law). This Court, therefore, finds that under binding precedent, a lawsuit filed with a retaliatory motive and lacking a reasonable basis in fact or law does not constitute First Amendment protected activity. Accordingly, the Court finds that Defendants have adopted the eorrect legal standard in assessing whether Plaintiffs defamation lawsuit falls outside the scope of First Amendment protection. The Court, however, is persuaded that Plaintiff has established that his lawsuit is not baseless so as to be deprived of First Amendment protection. Under Bill Johnson\u2019s and Darveau, \u25a0\u25a0[a] suit has a reasonable basis in fact if it raises \u2018a genuine issue of material fact that turns on the Castillo credibility of witnesses or on the proper inferences to be drawn from undisputed facts. V. 855 F. App'x 877, 879 (4th Cir. 2021) (quoting 5///yo/7/7.vo/7\u2019.y, 461 U.S.at745 suit has a reasonable basis in law \u2018if there is any realistic chance that the plaintiffs legal theory might be adopted. 5 95 Id. (quoting Bill Johnson \u2019.v, 461 U.S. at 747)). Here, the Court finds that Plaintiffs defamation lawsuit has a reasonable basis in fact and law. As discussed earlier, Plaintiff alleges that following his resignation from George Mason, Dorsey and Landry \u201cwent to the media to begin spreading their lies publicly.\u201d Compl. ^ 105. As a result of Dorsey and Landry making false accusations against him, Plaintiff asserts he was subjected to near constant press inquiries and media articles labeling him a perpetrator of sexual harassment[.]\u201d Id. ^ 106. In response to these public statements, Plaintiff filed his defamation lawsuit. Id. ^ 120. The Court finds that there is likely a genuine issue of material fact as to whether 37 Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 37 of 43 PageID# 544 Dorsey and Landry\u2019s public statements were false; and this issue is likely to turn on the credibility of potential witnesses during the state court proceeding. The Court further finds that Plaintiffs assertion that he has been falsely accused of sexual harassment, subject to public scrutiny because of these alleged false statements, and suffered damages as a result creates a realistic chance that a court of law could adopt Plaintiffs legal theory and find that he was defamed. Moreover, the Court notes that Plaintiffs defamation lawsuit has, at least in part, made it past the demurrer stage\u2014the state court equivalent of a 12(b)(6) motion to dismiss. See Dkt. 12 at 28 n. 18 (noting that the defamation lawsuit has made it past the demurrer). This fact, in and of itself, defeats the notion that Plaintiffs lawsuit lacks a reasonable basis in fact or law. As to a retaliatory motive, the Court is also persuaded that Plaintiff did not file his defamation lawsuit in retaliation for Dorsey filing her Title complaint. Title case law is helpful in assessing this issue. Specifically, within the context of a Title retaliation claim, the Fourth Circuit has stated that a temporal gap between notice of the protected activity and the adverse action may be \"sufficiently long so as to weaken significantly the inference of causation between the two events.\u2019* Kingv. Rumsfeld, 32S\u00a53d 145, 151 n.5 (4th Cir. 2003). In this present matter, Dorsey filed her initial Title complaint on December 12, 2021. Compl. ^ 60. On January 28, 2022, Plaintiff received notice of Dorsey\u2019s Title complaint when the University informed him that it would be launching a formal investigation. Id. 77. However, Plaintiff did not file his defamation lawsuit until August 24,2023. Id. ^ 120. Thus, more than a year had passed between the time that Plaintiff was notified of Dorsey\u2019s Title complaint and when he fled his lawsuit. The Court finds that this extensive temporal gap between when Dorsey filed her initial Title complaint and Plaintiff initiated his defamation lawsuit significantly weakens any 38 Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 38 of 43 PageID# 545 inference of causation between these two actions and lessens any claim that Plaintiffs defamation lawsuit was filed with a retaliatory motive. Accordingly, the Court finds that Plaintiff has demonstrated that he engaged in protected First Amendment activity in filing his defamation lawsuit. fii) Adverse Action The Court is similarly persuaded that Plaintiff can establish the second element of his First Amendment retaliation claim. In opposition to Plaintiffs Motion for a Preliminary Injunction, Defendants argue that the University has taken no adverse action that has a chilling effect on Plaintiff s ability to bring a lawsuit protected by the First Amendment because '\u2018it has made clear that it will not take any action for lawsuits that fall within the Petition Clause's protection.'* Dkt. 11 at 8. However, as explained earlier, the Court finds that Plaintiff has demonstrated that the University\u2019s investigation into his defamation lawsuit may, in and of itself, have a chilling effect on Plaintiffs ability to exercise his First Amendment rights. Specifically, the Court finds that the mere potential finding of responsibility under Title IX, amid the ongoing defamation litigation, could deter a person of ordinary firmness in Plaintiffs position from proceeding with the lawsuit. Furthermore, given the publicity surrounding Dorsey\u2019s allegations against Plaintiff, the chilling effect of Defendants\u2019 conduct is ail the more evident even absent a final determination of responsibility against Plaintiff Accordingly, the Court finds that Plaintiff has established that Defendants\u2019 acceptance of Dorsey\u2019s amended Title complaint and its decision to investigate whether his lawsuit is protected by the First Amendment constitutes adverse action. (iji) Causation Finally, there is the issue of causation. As noted earlier, the third element of a First Amendment retaliation claim requires that a plaintiff establish that \u201cthere was a causal relationship 39 Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 39 of 43 PageID# 546 Constantine, 411 F.3d between [the plaintiffs] protected activity and the defendants' conduct. at 499. However, in Martin v. Duffy, 977 F.3d 294 (4th Cir. 2020), the Fourth Circuit refined this causation analysis. In Martin, the plaintiff, a state prisoner, sued one of the prison\u2019s captains, arguing that the captain had placed him in administrative segregation in retaliation for filing a grievance against another correctional officer. 977 F.3d at 297-98. In assessing the plaintiffs First Amendment retaliation claim, the Fourth Circuit applied, but adjusted, the same-decision test recognized in Mt. 11 Id. at 297, 302. Healthy City School District Board ofEducation v. Doyle, 429 U.S. 274 (1977). In doing so, the Court recognized two types of First Amendment retaliation claims: \u201c(1) claims where the principal dispute is whether protected or unprotected conduct caused a defendant to take adverse action, and (2) claims where the principal dispute is whether a defendant took adverse Id. at 303 (citing Greenwich Citizens Comm., Inc. v. Cntys. of action for retaliatory purposes. Warren & Washington Indus. Dev. Co., 11 F.3d 26, 33 (2d Cir. 1996)). In the first category \u25a0the defendant\u2019s adverse action occurs after the plaintiff engages in both dual-motive cases- protected and unprotected conduct. Id. '\u2018In th[e] second category of cases\u2014\u2018unitary event\u2019 cases\u2014the plaintiffs protected conduct is a single event \u2018that could prompt either a permissible Id. (quoting Greenwich, 11 F.3d or an impermissible reason on the part of the defendant to act. at 33). The Fourth Circuit held that in unitary event retaliation cases, application of the same- decision test \u201casks not whether the defendant would have reached the same decision absent the Within the employment context, the same-decision test provides that after an employee establishes a prima facie case of retaliation, the employer can defeat the claim by proving that \u201cit would have reached the same decision ... in the absence of the protected conduct.\u201d Mt. Healthy, 429 U.S. at 287. 40 Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 40 of 43 PageID# 547 plaintiffs protected conduct, but whether the defendant would have reached the same decision absent a retaliatory motive.\u201d Id. at 303-04. Here, the Court finds this present matter to involve a unitary event retaliation claim. As stated in the Complaint, after Plaintiff filed his defamation lawsuit, Dorsey moved to amend her Title complaint; and in accepting this amended complaint, the University \u201ccharged [Plaintiff] with retaliation because he filed his lawsuit.\u201d Compl. 132-33. Therefore, Defendants\u2019 adverse action\u2014accepting Dorsey\u2019s amended complaint and, subsequently, investigating Plaintiffs defamation lawsuit\u2014\u201cundisputedly flow[s] from [] [PJlaintiff s protected conduct\u201d\u2014^the filing of his lawsuit. See Martin, 977 F.3d at 303. Thus, under the Martin analysis for unitary event claims. the Court must consider whether Defendants are able to rebut any prima facie case of retaliation in this matter by showing that they would have reached the same decision absent a retaliatory motive. Considering the law and the parties\u2019 arguments, the Court finds that Defendants have done so. In opposition to Plaintiffs Motion for a Preliminary Injunction, Defendants assert that George Mason\u2019s decision to allow Dorsey to amend her Title complaint and investigate her retaliation claim was not done with any retaliatory motive. See Dkt. 11 at 10. Rather, Defendants claim that the decision was done with the \u201csole motivation\u201d of \u201cmeeting] its obligations under Title to investigate and adjudicate a claim of retaliation in a manner that respects the rights of all parties, including their rights under the First Amendment, as required by the Title regulation.\u201d Id. at 10-11. In support of this assertion. Defendants point to Defendant Bluestein\u2019s October 4, 2023 email to Plaintiff and his counsel. Dkt. 11-1. In that email, Bluestein explained that the University would be limiting its investigation to whether Plaintiff engaged in conduct that falls outside of First Amendment protection, and that the University was taking this approach to 41 Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 41 of 43 PageID# 548 be \u201cin compliance with the Title Regulation and the First Amendment[.]\u201d See id at 2. The email further stated that \u201c[i]f it is determined that the lawsuit can constitute Retaliation, the hearing officer will also determine whether it does constitute Retaliation using the definition of Retaliation in Policy 1202[.]\u201c Id. At that time, Title IX's regulation against retaliation stated that, [n]o recipient [of federal funds] or other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by title or this part, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this part. 34 C.F.R. \u00a7 106.71(a). As noted earlier, the regulation also stated that the \u201cexercise of rights protected under the First Amendment does not constitute retaliation.'\u2019 Id. \u00a7 106.71(b)(1). Thus, under this regulation, any act that is not protected by the First Amendment and that is made to intimidate, threaten, or coerce in order to interfere with someone exercising their rights under Title constitutes retaliation. Id. \u00a7 106.71. Here, Plaintiff falls within the scope of the Title regulation. As already discussed, Dorsey\u2014whose initial Title complaint formed the basis of this ongoing investigation- amended her complaint to allege that Plaintiffs defamation lawsuit was retaliation for Dorsey\u2019s Title complaint. Thus, to the extent that Dorsey\u2019s retaliation claim has any merit and relates to the ongoing Title investigation, Defendants\u2019 decision to accept Dorsey\u2019s amended complaint 12 and investigate her retaliation claim is a permissible reason to \u201ccharge\u201d Plaintiff with retaliation. Therefore, this Court is persuaded that under the Martin analysis. Defendants have established that 12 For the reasons stated earlier, this Court found that the lack of temporal proximity undercuts the suggestion that Plaintiffs defamation lawsuit was filed with a retaliatory motive. This Court, however, does not express the view that Defendants cannot consider the merits of Dorsey\u2019s retaliation claim. 42 Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 42 of 43 PageID# 549 the University would have reached the same decision to investigate Plaintiffs lawsuit as potentially constituting unlawful retaliation absent a retaliatory motive. Though Plaintiff may disagree with George Mason\u2019s choice to investigate Dorsey\u2019s retaliation claim, mere disagreement is not enough to establish that the decision was done with a retaliatory motive. For this reason, the Court finds that on the merits of his First Amendment retaliation claim. Plaintiff is unable to establish a causal relationship between his protected activity and the University\u2019s conduct. Thus, he is unable to establish a likelihood of success on the merits of his claim. Given that Plaintiff cannot meet this first requirement for a preliminary injunction, the Court will not consider the remaining requirements. See Coleman v. Chase Bank,'Ho. 3:14-cv-101, 2014 2533400, at *3 (E.D. Va. June 5, 2014) (\u201c'Because Plaintiffs cannot show a likelihood of success on the merits, the Court need not address the remaining factors\u201d for preliminary injunctive relief). Accordingly, the Court will deny Plaintiffs motion. Conclusion For the foregoing reasons. Plaintiffs Motion for a Preliminary Injunction (Dkt. 5) is denied and Defendants\u2019 Motion to Dismiss (Dkt. 6) is granted in part and denied in part. An order will issue. Patricia foiliver Giles United States District Judge September 19, 2024 Alexandria, Virginia 43 Case 1:24-cv-00002 Document 17 Filed 09/19/24 Page 43 of 43 PageID# 550"} |
7,675 | Dragan Kujundzic | University of California – Irvine | [
"7675_101.pdf",
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] | {"7675_101.pdf": "Hires Professor Unaware of His Past Staff Writer The Ledger Published 6:08 a.m March 19, 2007 vampire expert at the University of Florida stands at the center of a bizarre tale about which officials say they only recently learned. Dragan Kujundzic, who was ousted as chair of UF's department of Germanic and Slavic studies just nine months after being hired, was sanctioned by the University of California, Irvine, in 2004 amid allegations that he sexually harassed a graduate student, according to court documents investigator found that the relationship between Kujundzic, then 43, and the student, then 25, was consensual. But Kujundzic was still banned from campus for two quarters without pay because he violated a university policy that bars professors from dating students they supervise, according to court documents. Kujundzic, who remains a tenured professor at UF, was sued for sexual harassment by the student in 2004, and settled the case in January for an undisclosed sum. Michael Gorham, who chaired the search committee that recommended Kujundzic, said the committee knew nothing of the allegations. In conversations with Kujundzic's references, the committee failed to learn of a series of sanctions had levied against Kujundzic, Gorham said. The sanctions included a demotion and mandated sexual harassment counseling, according to court documents. 2/21/25, 7:30 Hires Professor Unaware of His Past 1/1", "7675_102.pdf": "hired professor unaware of his past Sun staff writer Published 12:03 a.m March 18, 2007 vampire expert at the University of Florida stands at the center of a bizarre tale about which officials say they only recently learned. Dragan Kujundzic, who was ousted as chair of UF's department of Germanic and Slavic studies just nine months after being hired, was sanctioned by the University of California, Irvine, in 2004 amid allegations that he sexually harassed a graduate student, according to court documents investigator found that the relationship between Kujundzic, then 43, and the student, then 25, was consensual. But Kujundzic was still banned from campus for two quarters without pay because he violated a university policy that bars professors from dating students they supervise, according to court documents. Kujundzic, who remains a tenured professor at UF, was sued for sexual harassment by the student in 2004, and settled the case in January for an undisclosed sum. The University of California was also named as a defendant in the suit. Michael Gorham, who chaired the search committee that recommended Kujundzic, said the committee knew nothing of the allegations. In conversations with Kujundzic's references - along with other colleagues that he hadn't listed as references - the committee failed to learn of a series of sanctions had levied against Kujundzic, Gorham said. The sanctions included a demotion and mandated sexual harassment counseling, according to court documents. \"This information was nowhere near the radar screen of the search committee,\" Gorham said. Kyle Cavanaugh, UF's vice president of human resources, said the university is working to develop a more \"systematic\" method of checking into the backgrounds of applicants. 2/21/25, 7:30 hired professor unaware of his past 1/6 \"There's always a question of the level of due diligence that you did,\" Cavanaugh said. \"We, as well as other employers, are always trying to do a better job.\" \"But at the end of the day, you have to go ahead and make an offer, and you've tried to cover your bases,\" he added only conducts criminal background checks on specific employees, such as security personnel. But a criminal background check probably would not have detected a civil lawsuit like the one brought against Kujundzic, Cavanaugh said. Story surfaces Kujundzic's story came to light late last month, when the Los Angeles Times published an article suggesting that Kujundzic's case appears to lay at the heart of a feud between and the family of a prominent philosopher. Based on background sources, the Los Angeles Times reported that the late Jacques Derrida, a former professor and much-heralded French philosopher, tried to use his leverage at to persuade officials to end an inquiry into the Kujundzic harassment case. Derrida, whose famous theory of \"deconstruction\" questions the idea of absolute truth, threatened to renege on his agreement to give his coveted archives unless they backed off on Kujundzic, according to the Los Angeles Times filed suit for Derrida's papers in November but recently dropped the case amid a furor of criticism from Derrida scholars. In the world of the humanities, Derrida has somewhat of a rock star status. Often considered both brilliant and befuddling, Derrida's work has been the subject of an enormous amount of analysis and scholarship, and Kujundzic is among those to write about his theories. Peggy Kamuf, a professor at the University of Southern California and friend of Derrida's, confirmed to The Sun that Derrida sent a letter to that expressed frustration. But Kamuf declined to elaborate on the letter. In response to a public records request from The Sun officials declined to release the letter, citing California laws that make some \"personal\" records exempt from disclosure requirements. Throughout court documents, Kujundzic characterizes the relationship he had with the then- 25-year-old student as \"consensual,\" and a investigator arrived at the same conclusion, according to court papers. But the investigator did say Kujundzic violated university policy by \"failing to cure the conflict of interest\" inherent to the relationship, the papers show. 2/21/25, 7:30 hired professor unaware of his past 2/6 Looking back Court papers show that Kujundzic and the student first met in 2002 at a conference for the Modern Language Association in New York, and when the student was admitted to in 2003, Kujundzic told her that he had been instrumental in her getting into UCI. Here's how a legal brief filed by the student's attorney in the suit describes the timeline of events: Kujundzic and the student's first meeting on UCI's campus happened in 2003 at a reception for graduate students held at student housing. The student, who had recently undergone brain surgery for a tumor and had epilepsy, left the party with Kujundzic, who said they should go to his apartment to discuss her academic plans. Kujundzic, a professor of Russian studies born in a city in the former Yugoslavia, added that he'd like to show the student \"pictures of Moscow.\" Back at Kujundzic's apartment, the two consumed three bottles of wine together, and Kujundzic began making jokes about the male anatomy, according to the brief. He told her that his previous teaching assistants had won awards based on his letters of recommendation, and promised her access to academic conferences based on his contacts in her field of interest, according to the brief. Kujundzic then kissed the student, which prompted her to ask if he was married, according to the documents. Kujundzic falsely told her he was not married, the brief says, but later admitted to having a \"life partner,\" according to a investigative report. Kujundzic then disrobed the student, according to the document. \"(The student) was crying and told Kujundzic that she did not want to have intercourse, but agreed to perform (sex acts) on him,\" the document states. According to the document, the two had three more sexual encounters, all of which involved alcohol. One of the encounters took place at Kujundzic's apartment after the student called him from a pub and suggested they get together to watch a movie, according to the document. That encounter, in October 2003, took place after the student had already told Kujundzic she didn't want to see him anymore and had spoken anonymously about her concerns to Gwen Thompson, senior investigator in UCI's Office of Equal Opportunity and Diversity. The student testified that she had \"fear that (breaking off the relationship) would ... make my education at in Russian impossible.\" 2/21/25, 7:30 hired professor unaware of his past 3/6 The student filed a formal complaint with in December 2003, two months after she had e-mailed Kujundzic and admonished him for entering into the relationship in the first place. \"I, irresponsible and vulgar as am, believe that you should never take such an aggressive approach to beginning sexual relations with a student who is in the awkward position of 'advisee,' \" she wrote in October 2003. \"You can only imagine how nervous/illogical frightened such a situation can make one ...\" In a letter sent to investigators at UCI, Kujundzic maintained the relationship was consensual and said the student \"only decided to shade the events in a malevolent light after our relationship ended.\" Coming to Kujundzic, whom one colleague described as an accomplished scholar, was hired at in August 2005 with the stated purpose of putting the department of German and Slavic studies on the map. At a salary of $95,000 - he now makes $98,110 - Kujundzic was granted tenure upon hire - a process that requires approval of UF's board of trustees. Kujundzic was promised he'd be permitted to bring on three new faculty members if state resources permitted, and his wife, Brigitte Weltman-Aron, was offered a position teaching French in the department of Romance languages and literatures. Kujundzic came to with references from well-respected scholars, including J. Hillis Miller, a distinguished research professor and the son of a former president of the same name. Kamuf, a friend to Derrida, also served as a reference. In Kujundzic's research and teaching, he analyzes images of vampires in literature and movies to examine the nature of power structures. \"Vampirization occurs everyday,\" Kujundzic told The Sun in 2005. \"People bleed each other to death; we exploit each other. You are vampirizing me right now, but, of course am consenting to it.\" John Leavey, former chair of the English department who shared some research interests with Kujundzic, said Kujundzic's colleagues touted him as a fine scholar. So why was he removed as chair of UF's department of Germanic and Slavic studies so quickly? Joseph Glover, who was not yet interim dean when Kujundzic was removed, says he understood 2/21/25, 7:30 hired professor unaware of his past 4/6 there were concerns about Kujundzic's ability to lead. Glover also said he has heard informally that Kujundzic had \"personality clashes\" with faculty. \"There was some concern the department was not functioning as well as (then-Dean Neil Sullivan) expected it to at that point,\" Glover said. \"That department had a very tumultuous time.\" \"In general, it was a department that had not ceased functioning, but it was functioning at a much lower level than anyone was happy with,\" Glover added. Kujundzic, who did not return numerous phone calls to be interviewed for this story, told The Sun several months ago that he was never given an explanation for his removal as chair. The department is now in receivership and overseen by Jeffrey Addler, a professor of history and criminology who is handling basic administrative functions to simply keep the department running through the semester. At semester's end, Will Hasty, a professor of German studies, is expected to take over as interim chair five-year plan for the College of Liberal Arts and Sciences slates the department for extinction, slashing its budget and reducing its graduate teaching assistantships from 10 to zero. Glover, who wasn't dean when the plan was drawn up, has continually distanced himself from the plan and now says he sees a potential future for the department. The department was established at in 1969 as the department of Germanic and Slavic languages and literature. What now? Glover, interim dean of the College of Liberal Arts and Sciences, said administrators have tried to find out more about Kujundzic's past by talking with officials. But has been tight-lipped, and Kujundzic told Glover he couldn't discuss the matter because he's legally bound not to do so under the settlement agreement. Glover said there's no evidence Kujundzic misrepresented himself when he applied for the position, but adds that is in a sort of \"limbo\" because it's been difficult to find out much information. \"We are ending up at a point where we do not have complete information, and we are unable to get complete information,\" Glover said. In his conversation with Kujundzic, Glover said Kujundzic \"vehemently maintains that the university did not act correctly, and that there was no finding of sexual harassment at UC, 2/21/25, 7:30 hired professor unaware of his past 5/6 Irvine.\" Glover said he was unaware of any complaints from students about Kujundzic. UF's policy on faculty-student romances is similar to that of UCI's. While does not forbid romance between faculty and students, it strongly discourages such relationships. Furthermore, a faculty member must inform a supervisor if he or she has entered or is contemplating entering a relationship that might prove a conflict of interest. As for whether there's concern about Kujundzic being a threat to students, Glover said the university's awareness has certainly been heightened by the allegations. That said can't take any action based on what may or may not have occurred at UCI, he said. \"(The allegations) inform us about the possibility of his character or they warn us of things that might come,\" Glover said. \"But we can only address behavior at this university.\" Jack Stripling can be reached at 352-374-5064 or [email protected]. 2/21/25, 7:30 hired professor unaware of his past 6/6"} |
7,774 | Gianluigi Veglia | University of Minnesota – Twin Cities | [
"7774_101.pdf",
"7774_102.pdf",
"7774_103.pdf",
"7774_104.pdf",
"7774_105.pdf"
] | {"7774_101.pdf": "Gianluigi Veglia sexually harassed his students and lab staff but wasn\u2019t fired What came next is a lesson for the University of Minnesota and the entire scientific community by Andrea Widener , Linda Wang March 15, 2021 version of this story appeared in Volume 99, Issue 9 After enduring years of sexual harassment, two members of biochemist Gianluigi Veglia\u2019s lab filed complaints with the University of Minnesota Twin Cities. Investigators corroborated their accounts and recommended that Veglia be fired. University administrators decided to impose lesser sanctions instead. The university kept the decision quiet until he professor seemed a bit flirtatious, but she didn\u2019t think too much of it at the time. It was August 2012, and Chelsea was interviewing for a job as a lab manager in the research group of biochemist Gianluigi Veglia at the University of Minnesota Twin Cities. Chelsea had just graduated with an undergraduate degree in biology, and this position would give her the work experience she needed to decide if she wanted to launch an academic career. Within months of starting the job, however, Chelsea realized that her new boss was uncharacteristically demanding was expected to be proficient immediately at things that had no training in,\u201d says Chelsea, who asked to use only her first name for personal reasons. \u201cWhen wasn\u2019t, he would be verbally abusive was afraid to go into work.\u201d The harassment soon took on a sexual tone lost some weight, and he gestured to my chest and said, \u2018What am supposed to do with those now?\u2019 \u201d Chelsea recalls. In 2016, Chelsea and then-graduate-student Alysha Dicke filed complaints against Veglia university investigation found that he violated university policy and Advertisement Thousands of federal employees fired from regulatory and science fund agencies Trailblazers 2021: We have been here all along Out and proud Women and underrepresented peopl color make small gains in science employment, new diversity report sho What chemists made in 2022, according to the salary survey 2/21/25, 7:31 Gianluigi Veglia sexually harassed his students and lab staff but wasn\u2019t fired 1/15 a Minneapolis newspaper revealed details. Universities often don\u2019t disclose information about harassment cases, but sexual harassment experts say this practice is harmful. The lack of transparency about the sanctions against Veglia, who continues to work at the university, catalyzed reforms intended to protect against sexual harassment and improve decision- making. But distrust continues among faculty and graduate students. Are you experiencing sexual harassment and working on a grant funded by the National Institutes of Health? Click here for information on how to report to the agency. harassed them. But the university deans and department heads overseeing the Biochemistry, Molecular Biology, and Biophysics (BMBB) and Chemistry Departments, where Veglia had a joint appointment, decided to sanction rather than fire him for the harassment. Five years later, fallout from the case continues. Increasing awareness about sexual harassment in the has spurred a national dialogue about how to deal with harassers that extends to the chemical sciences. Universities regularly choose between firing professors who sexually harass their students and disciplining them but letting them stay. Veglia\u2019s case is one example of how a judgment to sanction and retain a faculty member, combined with a lack of transparency, can fuel controversy long after the decision was made think there is a hope amongst some circles that if we ignored this, it would just go away. I\u2019m not of that view,\u201d says Valery Forbes, dean of the College of Biological Sciences, which includes BMBB. \u201cThe grad students are clearly\u2014and think justifiably\u2014 upset at the way this whole thing has been mishandled Veglia, who ran the university\u2019s nuclear magnetic resonance center, made no attempts to hide his inappropriate comments from those outside the lab, as if he knew there would be no repercussions, say former lab members who spoke with C&EN. Chelsea remembers one instance in which Veglia was in his office with a visiting professor\u2014she doesn\u2019t recall the visitor\u2019s name\u2014and Veglia called Chelsea into the room with them. \u201cHe told me to turn around, and thought there was something on my back didn\u2019t know why, but turned around, and then he said to the visiting professor, \u2018Now don\u2019t say never gave you anything.\u2019 \u201d Chelsea was so shaken by the encounter that she ran to the bathroom, accompanied by a few friends with whom she shared what happened just sat on the floor and cried for like 15 minutes,\u201d she recalls. \u201cIt\u2019s something so small it doesn\u2019t seem like it should be that impactful, but it\u2019s just so degrading.\u201d On another occasion, Chelsea was in Veglia\u2019s office, and they were toasting her acceptance into medical school. \u201cHe reached out and he put his hand on the back of my neck, and he said, \u2018Come on\u2019 a couple of times. His vocal intonation and his facial expression and his body language all indicated to me that he was making a sexual advance,\u201d she says. Over time, the sexual advances became more direct. \u201cThere were stretches where at least weekly he\u2019d jokingly ask me when we were going to have sex,\u201d Chelsea says. Like Chelsea, Kailey Soller didn\u2019t have any reason for concern during her interview with Veglia in 2012 to potentially join his lab. \u201cHe was very convincing and charming in terms of the kind of research that the group was doing,\u201d she says. For example, he pointed out that his ample funding would ensure she didn\u2019t have to work as a teaching assistant and could go to multiple scientific conferences. Plus, as head of the university\u2019s lab, he was working on the research she wanted to pursue\u2014understanding how enzymes\u2019 structures contribute to their cellular function. It was \u201can attractive situation for a first-year graduate student coming in who wanted to be very productive and publish a lot of papers,\u201d Soller says. Advertisement Thousands of federal employees fired from regulatory and science fund agencies Trailblazers 2021: We have been here all along Out and proud Women and underrepresented peopl color make small gains in science employment, new diversity report sho What chemists made in 2022, according to the salary survey 2/21/25, 7:31 Gianluigi Veglia sexually harassed his students and lab staff but wasn\u2019t fired 2/15 In her second year in Veglia\u2019s lab, Soller started noticing sexually harassing behavior from Veglia. At first, she brushed it off as isolated incidents, but then it became more pervasive. One time, Veglia was having lunch with a male visiting professor. She doesn\u2019t recall who the visiting professor was, but Veglia handed her the visitor\u2019s phone number was given that with a wink and something like, \u2018Just in case.\u2019 It was implied that here\u2019s the phone number for this guy \u25b8 June 2015: Gianluigi Veglia\u2019s lab manager, Chelsea, departs the university, leaving a sealed letter with the human resources department reporting Veglia\u2019s harassment. \u25b8 November 2016: Graduate student Alysha Dicke files a formal complaint with the University of Minnesota Twin Cities\u2019 Office of Equal Opportunity and Affirmative Action (EOAA). Chelsea later files a separate complaint. The office begins an investigation and interviews more than 20 people inside and outside the lab group. \u25b8 March 2017: The Office sends two reports to Veglia, as well as deans and the heads of the Department of Biochemistry, Molecular Biology, and Biophysics (BMBB) and the Department of Chemistry. The reports say the preponderance of evidence shows that Veglia had sexually harassed lab staff separate letter sent to administrators recommends that they fire Veglia. \u25b8 June 2017: After deciding not to fire Veglia, the dean of the Medical School and dean of the College of Science and Engineering send him a letter sanctioning him for his harassing behavior. Veglia loses his position as head of the university\u2019s center and cannot supervise graduate students for 3 years. \u25b8 May 2018 City Pages newspaper article comes out about sexual harassment at the University of Minnesota. The story leads with Veglia\u2019s case. After a meeting in which the Department head appears to defend Veglia, almost 50 graduate students sign a letter to administrators saying the situation was handled poorly. \u25b8 Fall 2019: The Department cancels a class Veglia was scheduled to teach after students protest. He continues to teach in the Department of Chemistry throughout his sanctions. \u25b8 Fall 2020: Veglia becomes eligible to reapply to enter the graduate program so he can have graduate students in his lab. As of C&EN\u2019s deadline, he had not done so. Veglia also regularly harassed Soller about the fact that she was married. He said, \u201cWhy are you missing out on all of these experiences you could be having in grad school because you\u2019re married?\u201d Soller says was also told that couldn\u2019t be a successful scientist and also wife.\u201d She also recalls one time when Veglia commented on a lab mate, saying something to the effect of bet she\u2019s a devil in bed.\u201d Veglia referred to the female graduate students in his lab as \u201cVeglia chicks,\u201d Soller says. \u201cWhen you\u2019re constantly being referred to as that, and you\u2019re trying to be taken as a serious scientist in the field, it\u2019s degrading.\u201d Dicke, who joined Veglia\u2019s lab in 2012, says he would frequently tell her that the only reason he hired her was for her looks. \u201cAt one point he told me that was very beautiful and that was going to be sexually harassed and that\u2019s why he said inappropriate things to me\u2014because need to be desensitized to it,\u201d Dicke says. \u201cAt some point he told me that just want to be dominated. He meant that in a sexual way.\u201d Advertisement Thousands of federal employees fired from regulatory and science fund agencies Trailblazers 2021: We have been here all along Out and proud Women and underrepresented peopl color make small gains in science employment, new diversity report sho What chemists made in 2022, according to the salary survey 2/21/25, 7:31 Gianluigi Veglia sexually harassed his students and lab staff but wasn\u2019t fired 3/15 Another time, \u201che tapped my arm with his elbow and said, \u2018Don\u2019t order anything with garlic so we can get close later\u2019 in front of this other professor. The other professor responded by saying that we should order more wine because the ladies need to loosen up,\u201d Dicke says. The other professor was not from the University of Minnesota, Dicke says, though she declined to give his name. In the beginning, Dicke brushed off the sexual comments and others that made her feel bad about her lab work. \u201cWhen you first start, you\u2019re a naive grad student. You don\u2019t know what grad school is supposed to be like; you don\u2019t know what your adviser is supposed to do,\u201d she says. \u201cYou keep trying to fix it yourself, and you don\u2019t really understand the situation. And then at some point you have this realization that \u2018No don\u2019t think the problem is me.\u2019 \u201d She sought out a female faculty member in the department for advice. Dicke told her about harassing behavior but not its sexual nature because the faculty member would have been required to report it. Dicke says the faculty member was at a loss for how to help her and didn\u2019t have funding to take Dicke into her lab. The faculty member said she hoped the situation in Veglia\u2019s lab would improve over time. Her lack of power to help was disappointing, Dicke says. Others in the department also saw what was going on. \u201cHe definitely acted inappropriately,\u201d recalls Jonggul Kim, a male graduate student in Veglia\u2019s lab from 2010 to 2015 remember one time we walked by a shaker in another lab. It wasn\u2019t secured properly, and he would make a comment about how that sound sounded like having sex,\u201d Kim says. \u201cHe would joke with some of the female students, asking when they were getting married to some person inside the lab had an undergrad who was working under me just for a year and a half, and he would come up to her and ask her when we were getting married. She would just brush it off as him making a joke.\u201d Val Vossen, who joined the lab as a postdoctoral researcher in June 2011, remembers a group of new, female graduate students rotating through the lab. During rotations, Veglia\u2019s behavior could have been interpreted as just enthusiasm about the research, he says. But \u201csoon after they formally joined the lab, it began to escalate toward more and more suggestive and sexually oriented comments,\u201d Vossen recalls. Kim says people would make excuses for Veglia\u2019s behavior, saying that he\u2019s from Italy and doesn\u2019t understand the culture in the US. \u201cBut he\u2019s also been in the States for over 30 years,\u201d Kim says. When asked Veglia via email for an interview about the harassment complaints and sanctions, Veglia responded with a list of his teaching evaluation ratings for several classes from 2017 to the present, as well as a list of his 182 peer-reviewed publications. \u201cMy teaching, my work and the results of the lab are the extent of any comments will make,\u201d Veglia wrote Effective Technical Writing by Institute Harnessing Cloud Computing for Advanced Computational Chemistry by Advertisement Thousands of federal employees fired from regulatory and science fund agencies Trailblazers 2021: We have been here all along Out and proud Women and underrepresented peopl color make small gains in science employment, new diversity report sho What chemists made in 2022, according to the salary survey 2/21/25, 7:31 Gianluigi Veglia sexually harassed his students and lab staff but wasn\u2019t fired 4/15 The complexity of the University of Minnesota\u2019s reporting structure complicated decision-making and communication about Gianluigi Veglia, who was sanctioned for sexual harassment in 2017. Credit: Yang H. Ku Source: University of Minnesota Chelsea left the lab in 2015 to start medical school, but before she left, she wrote a sealed letter detailing Veglia\u2019s inappropriate actions and submitted it to the human resources department. She remembers saying, \u201cIf anyone brings a complaint against Gianluigi Veglia, please use this letter as evidence.\u201d She also gave a copy to the assistant to the head to be shared with the head anonymously. As far as she knows, nothing came of those letters, she says. Then, in late 2016, Dicke filed a formal complaint against Veglia with the university\u2019s Office of Equal Opportunity and Affirmative Action (EOAA). Around that time, Dicke contacted Chelsea. Dicke asked Chelsea if she would support Dicke\u2019s complaint and suggested that Chelsea file a complaint herself, which she did. Following university procedure, the Office investigated the complaints against Veglia independently, interviewing more than 20 people. Afterward, the lab split between those who thought Veglia\u2019s behavior was wrong and those who supported him. Several students who supported Veglia or stayed in his lab did not reply to requests for comment from C&EN. Advertisement Thousands of federal employees fired from regulatory and science fund agencies Trailblazers 2021: We have been here all along Out and proud Women and underrepresented peopl color make small gains in science employment, new diversity report sho What chemists made in 2022, according to the salary survey 2/21/25, 7:31 Gianluigi Veglia sexually harassed his students and lab staff but wasn\u2019t fired 5/15 The Office also notified the deans and department heads who oversaw Veglia. The specifics of Veglia\u2019s multidepartment appointment dictated whom the office informed. His appointment was 75% in and 25% in chemistry. In addition, the Department is shared between the university\u2019s College of Biological Sciences and the University of Minnesota Medical School. Veglia\u2019s appointment was through the Medical School. Because of that, accountability for Veglia\u2019s case fell under two deans\u2014medicine, and science and engineering\u2014and two department heads and chemistry. As a result, the people involved in the investigation included Brooks Jackson, dean of the Medical School; Samuel Mukasa, dean of the College of Science and Engineering; David Bernlohr, head of the Department; and William Tolman, head of the Chemistry Department, as well as some associate deans (Tolman is a member of C&EN\u2019s advisory board). Forbes, dean of the College of Biological Sciences, heard that the investigation was happening, but she was otherwise not included. When the investigation was complete, the office gave the deans and department heads its findings in the form of two reports, which obtained through public records requests (copies of documents are available at cenm.ag/veglia investigators found that Veglia violated university policies, including those involving sexual harassment. The reports say that he made comments of a sexual nature, including comments about lab members\u2019 appearance, their romantic or sexual life, and other things that could be considered gender based or sexual harassment. He also made comments to or about other faculty and talked about retaliation, the reports say. \u201cGiven its egregious and repetitive nature, Dr. Veglia\u2019s conduct created an intimidating, hostile, and offensive working environment,\u201d one of the reports says. The parts of the reports that included Veglia\u2019s responses to the complaints were redacted. In a separate letter, the Office recommended that Veglia be fired, according to several of C&EN\u2019s sources very vibrant, protracted discussion\u201d ensued to determine Veglia\u2019s fate, according to one administrator, who asked not to be named because the person was not authorized to talk about the proceedings. According to the administrator, the people involved had different opinions about the facts of the case, as well as whether firing was an appropriate punishment for the harassment. Everyone directly involved in the discussion was a man, except for representatives. In the end, Jackson and Mukasa decided not to fire Veglia, the administrator says. \u201cWe just didn\u2019t see it the same way\u201d as the office simple punishment, like firing, which students often think is what you should do, is not always the right thing. That\u2019s why there are different punishments for different crimes,\u201d the administrator says think that is one of those very tricky cases\u201d in which it wasn\u2019t clear whether the harasser should be fired. In a June 16, 2017, notice of proposed discipline sent to Veglia, Jackson and Mukasa say they were \u201cdeeply disturbed\u201d by the Office\u2019s findings. \u201cYour behavior as described in the reports is patently offensive, unacceptable, and directly inconsistent with the principles of academic integrity and responsibility,\u201d says the letter, which also obtained through a public records request. \u201cWe expect more and better from our faculty.\u201d The notice lays out eight specific sanctions against Veglia. These include terminating him from his position as director of the Minnesota Center and removing a salary supplement he received as director. The deans suspended him from the graduate programs in both and chemistry for 3 \u201cThere were stretches where at least weekly he\u2019d jokingly ask me when we were going to have sex.\u201d --- Chelsea, former lab manager who filed a complaint against Gianluigi Veglia Advertisement Thousands of federal employees fired from regulatory and science fund agencies Trailblazers 2021: We have been here all along Out and proud Women and underrepresented peopl color make small gains in science employment, new diversity report sho What chemists made in 2022, according to the salary survey 2/21/25, 7:31 Gianluigi Veglia sexually harassed his students and lab staff but wasn\u2019t fired 6/15 years, through the 2019\u201320 academic year. That meant he could not supervise graduate students. In addition, Jackson and Mukasa prohibited him from supervising undergraduate students for 3 years and required that he attend sexual harassment training \u201cas directed by\u201d the Office. They also told Veglia to refrain from \u201cany further sexual harassment.\u201d The deans concluded, \u201cIt is our sincere desire that the concerns expressed by the Office] in its report can be addressed, and that no further action will be necessary.\u201d But they warned that if Veglia failed to correct his behavior, he would be subject to further discipline, \u201cup to and including the termination of [his] University appointment.\u201d Forbes was particularly disturbed that while the sanctions prohibited Veglia from having graduate students, \u201cthat did not apply to postdocs, who would argue are in an equally vulnerable position.\u201d Veglia has kept his lab running with postdocs; several graduate students also continued working on projects with Veglia, but another faculty member served as their formal adviser The administrators who decided how to sanction Veglia also decided to tell almost no one. Personnel regulations restricted them, at least in part. Universities commonly keep information about sexual harassment cases secret, but experts on sexual harassment say this practice is harmful. For example, a 2018 National Academies of Sciences, Engineering, and Medicine report on sexual harassment in science says one important step universities can take to change the culture around sexual harassment is to improve transparency. That helps show that academic institutions do not tolerate harassment. \u201cDoing so requires making the community aware that perpetrators of harassment are being held accountable and that the institution takes the matter seriously,\u201d the report states. But in Veglia\u2019s case, even administrators who feel as if they should have known what was going on were not told the details feel like should have been consulted, and was not,\u201d says Colin Campbell, who was assistant dean and is now associate dean for graduate education in the Medical School. After the news got out more broadly, Campbell heard a colleague say that Veglia\u2019s harassing behavior was \u201cjust words\u201d and not a physical assault. Campbell wonders if that attitude played a role in the decision not to fire Veglia. \u201cThat\u2019s a distinction, but that doesn\u2019t make wrong right,\u201d he says. \u201cYou can harm someone very gravely through words.\u201d Campbell sees Veglia\u2019s behavior and the minor consequences he faced as part of the larger culture\u2014and scientific culture\u2014of devaluing women Bootcamp--Hands-On Chromatography Class by Institute \u201cIt just didn\u2019t feel like, from a student perspective, that the department cared that this had happened.\u201d --- Michael Lopresti, graduate student, University of Minnesota Twin Cities Advertisement Thousands of federal employees fired from regulatory and science fund agencies Trailblazers 2021: We have been here all along Out and proud Women and underrepresented peopl color make small gains in science employment, new diversity report sho What chemists made in 2022, according to the salary survey 2/21/25, 7:31 Gianluigi Veglia sexually harassed his students and lab staff but wasn\u2019t fired 7/15 For Forbes\u2019s part, she says she was \u201cdeeply horrified\u201d when she found out\u2014nearly a year later\u2014that the other deans didn\u2019t follow the recommendation. They had told her they were working with the Title office and the general counsel\u2019s office and taking appropriate actions, but she did not know that the Office recommended he be fired think was also misled by the department leadership,\u201d she says. \u201cIn my view, ignoring the recommendations of the is not the same as working with them.\u201d Some faculty and students heard rumors about Veglia through the student whisper network. Former graduate student Ashley Arthur, who was in BMBB\u2019s sister program\u2014Molecular, Cellular, Developmental Biology, and Genetics\u2014says all communication was \u201cjust basically through the grapevine. You didn\u2019t get any direct communication from the department about what was going on.\u201d Alina Zdechlik, a graduate student, learned of the harassment after she was 6 months into her studies. She took courses with Veglia\u2014the sanctions did not prohibit him from teaching\u2014and says she \u201cwould have really liked to be aware what was going on.\u201d She might have chosen other classes, she says. Christy Haynes, associate head of the Chemistry Department, didn\u2019t hear about the case until a new department head, David Blank, decided to start a series of talks on improving the culture of the department, including a talk on sexual harassment in December 2017. \u201cThat was not an accidental pick, of course,\u201d Haynes says. \u201cThe department head knew that there had been this case and was trying to do some good.\u201d During the talk, speakers from the university\u2019s Aurora Center for Advocacy and Education, which provides survivors of harassment and assault with confidential support, referred to the fact that there had been a case at the university without talking about specifics. That mention spurred more conversation in the department, and additional details came out from faculty and students who knew about Ve\u00adglia\u2019s sanctions. \u201cThere was a lot of angst about [the harassment] among faculty and among graduate students,\u201d Haynes says. On May 2, 2018, nearly a year after Jackson and Mukasa sanctioned Veglia, the City Pages, a now-shuttered newspaper, released a long feature on sexual harassment at the university. The story led with Veglia\u2019s harassing comments and included documents the newspaper obtained through a confidential source. Before the story was published, Campbell had known that someone in the Medical School was sanctioned but not who it was learned the details when City Pages came out,\u201d he says was horrified.\u201d \u201cIt was really hard to read,\u201d Haynes says. She understands why the administrators did not announce Veglia\u2019s sanctions, but when people get blindsided by a shocking news story, \u201cyou get a knee-jerk reaction from people. The faculty were very upset. And the graduate students and undergraduates were really upset.\u201d Laurie Parker, a professor, wouldn\u2019t talk with about Veglia\u2019s case specifically. But she says that when bad things come out about a department, it is difficult for everyone, especially students. \u201cThere is a broken trust that occurs when this sacred relationship between trainee and adviser is abused,\u201d she says Pubs Releases 2024 Diversity Data Report by Advertisement Thousands of federal employees fired from regulatory and science fund agencies Trailblazers 2021: We have been here all along Out and proud Women and underrepresented peopl color make small gains in science employment, new diversity report sho What chemists made in 2022, according to the salary survey 2/21/25, 7:31 Gianluigi Veglia sexually harassed his students and lab staff but wasn\u2019t fired 8/15 few days after the City Pages story came out Department head Bernlohr held a meeting with grad students to talk about the fact that Veglia was allowed to stay in the department. The meeting didn\u2019t go well. \u201cIt came across as Bernlohr defending Veglia to a degree, just trying to dismiss student concerns,\u201d says Michael Lopresti, a graduate student who attended the meeting. It seemed like Bernlohr didn\u2019t understand why students were upset, Lopresti says. \u201cHe wanted to move past it, which was frustrating spoke with several other graduate students and faculty who attended the meeting, and they described having the same reaction. Bernlohr did not respond to C&EN\u2019s request for comment for this story. Rather than reassuring students, that meeting seemed to make them more concerned. Subsequent meetings, including one with the new Medical School dean, Jakub Tolar, didn\u2019t help group of students, including Lopresti, eventually wrote a letter expressing their frustration to seven administrators overseeing the Department, the College of Biological Sciences, and graduate education. Twenty-seven graduate students signed their names, and another 22 signed anonymously. \u201cThe weak punitive measures, lack of transparency, and absence of follow up with the graduate student body indicates that the department does not sincerely seek to provide a safe and welcoming environment for all graduate students,\u201d the letter says. \u201cThe University and the department should have acknowledged the situation and reinforced their commitment to protect graduate students. We, as students, find the lack of acknowledgment of Dr. Veglia\u2019s conduct by the department head extremely disappointing,\u201d the letter reads. Lopresti says, \u201cIt just didn\u2019t feel like, from a student perspective, that the department cared that this had happened.\u201d Campbell, who has spent 30 years in academia, calls the letter \u201cthe finest act of academic bravery I\u2019ve ever witnessed.\u201d \u201cI\u2019ve never seen anybody being more forthright and honest in confronting the power structure,\u201d he says think that has really had an impact.\u201d The Chemistry Department also called two meetings\u2014one for graduate students and one for undergraduates\u2014after the City Pages article came out. While they didn\u2019t seem to go as badly as the one Bernlohr led, students didn\u2019t get the answers they were looking for, Haynes says. Because of restrictions related to personnel privacy, department leaders could tell students only about the investigation process and what was in the official letter of reprimand from the deans. \u201cEssentially the things we could say were, \u2018None of the findings in the case involved conduct that would constitute a criminal offense,\u2019 \u201d Haynes says What administrators could do was try to make sure things wouldn\u2019t turn out the same way next time. Forbes couldn\u2019t change the decision not to fire Veglia, but she could change how things would be handled in the future in the College of Biological Sciences. Forbes created a task force of faculty think the department had a chance to learn from this and learn from what they got wrong. And they just didn\u2019t.\u201d --- Valery Forbes, dean of the School of Biological Sciences, University of Minnesota Twin Cities Advertisement Thousands of federal employees fired from regulatory and science fund agencies Trailblazers 2021: We have been here all along Out and proud Women and underrepresented peopl color make small gains in science employment, new diversity report sho What chemists made in 2022, according to the salary survey 2/21/25, 7:31 Gianluigi Veglia sexually harassed his students and lab staff but wasn\u2019t fired 9/15 students, and postdocs to suggest policies that would prevent harassment of all types, including sexual harassment. The group came up with a series of policies to clearly explain the rights of students and postdocs; expectations for students, postdocs, and professors; unacceptable behavior; and how people should respond if they are harassed. These policies now appear in handbooks for graduate students and postdocs in biological sciences. The task force also created a contract that describes expectations and acceptable behavior by students and supervisors, who must discuss and sign the contract. The focus is \u201cnot just on sexual harassment but how you can expect to be treated by your mentor,\u201d says graduate student Zdechlik, who was a member of the task force \u25b8 Wrote guidelines on respectful and responsible conduct, including how to respond to inappropriate behavior, and included them in all program handbooks \u25b8 Created and distributed College of Biological Sciences Community Standards, a document that outlines expected conduct, unacceptable conduct, and possible sanctions, as well as how to report misbehavior \u25b8 Designed a mandatory compact between adviser and advisee to be discussed and signed by both parties; it outlines respectful and responsible conduct \u25b8 Committed to 1 year of financial support for students who may lose stipends as a result of reporting harassment With the reforms, the College of Biological Sciences is trying to help graduate students and postdocs recognize when they\u2019re in a bad situation and learn how to address it, says Robyn Rebbeck, a postdoc who was also on the task force. Perhaps more important for students who are harassed, the College of Biological Sciences now guarantees financial support for students and postdocs who report harassment but rely on their advisers for stipends. The big concern for people reporting harassment is losing their positions. And if that happens to international students, especially postdocs, they have 10 to 60 days to leave the country. \u201cThat\u2019s scary,\u201d says Rebbeck, who is Australian. \u201cHaving that safety net to say that the university will cover their wages for a year and help them transition is a massive incentive to enable people to come forward if they need to.\u201d The College of Biological Sciences has advertised these changes with posters on campus and sessions. Forbes is also committed to monitoring how the reforms work and making further changes as needed. \u201cIt\u2019s not one and done. We have to continue to work on this,\u201d she says Chemistry for Non-Chemists: On-Demand by Institute Advertisement Thousands of federal employees fired from regulatory and science fund agencies Trailblazers 2021: We have been here all along Out and proud Women and underrepresented peopl color make small gains in science employment, new diversity report sho What chemists made in 2022, according to the salary survey 2/21/25, 7:31 Gianluigi Veglia sexually harassed his students and lab staff but wasn\u2019t fired 10/15 Campbell says the importance of the new policies was emphasized for cases of racial discrimination after a White Minneapolis police officer killed George Floyd, a Black man, not far from the university. The University of Minnesota also changed its overall sexual harassment policies in response to the Veglia case and others at the university. In 2017, the university president created the President\u2019s Initiative to Prevent Sexual Misconduct. The goal is to change the university\u2019s culture so that harassment of any kind is not tolerated, says professor Parker, who is on the initiative\u2019s advisory committee. \u201cUntil there are consistent, clear, and meaningful, serious consequences, we\u2019re not going to see the shift in culture that we need to see,\u201d Parker says. The new reforms would not allow a department or college to go against the Office\u2019s recommendation without approval from university leaders, including the provost. \u201cThat has to go all the way up the chain of command and be discussed more broadly and approved,\u201d Forbes says. \u201cThat is an improvement for sure.\u201d Parker, not talking about Veglia\u2019s case specifically, says there are still improvements to make to address sexual harassment at the university. For example, discipline in sexual harassment cases has been decided just by small groups believe different stakeholders in the community really do need to be involved, in at least an advisory role, in making those decisions,\u201d she says think one of the best practices is to have more transparency,\u201d she adds. \u201cThat is important because it helps us hold each other accountable, from the ground up, from the beginning to the end.\u201d Dicke says these changes are not enough to counteract the fallout from how the administrators handled her complaint against Veglia. \u201cStudents are not going to want to come forward after what happened,\u201d because the sanctions that Veglia received perpetuate \u201ca culture that tolerates sexual harassment,\u201d she says . . . TEACH? Just when the situation seemed to be calming down, it was stirred up again in the fall of 2019 when students and many faculty learned through the course catalog that Veglia was scheduled to teach classes. This was a year before his sanctions were scheduled to end, but those sanctions didn\u2019t prohibit teaching. Students had been feeling better about the Department\u2019s response, but slating him to teach without announcing it set that progress back, graduate student Lopresti says. \u201cIt just felt underhanded, like, \u2018Oh, we can just sneak him back in there,\u2019 \u201d he says. \u201cAs grad students, we\u2019re left with this lingering distrust.\u201d The Department canceled Ve\u00adglia\u2019s class after students protested. The Chemistry Department has kept him on the roster: he taught Spin Dynamics in spring 2018 and Interpretation of Organic Spectra in fall 2019 and fall 2020. Haynes says the Chemistry Department felt hamstrung by the consequences doled out by the deans. \u201cWe cannot assign extra consequences by not letting him teach when that\u2019s not what is in the letter,\u201d she says. \u201cThis is really hard. He wasn\u2019t fired, right?\u201d Through it all, Veglia has continued to receive his full salary, which was $194,000 in 2020. Polymeric Coatings by Institute Advertisement Thousands of federal employees fired from regulatory and science fund agencies Trailblazers 2021: We have been here all along Out and proud Women and underrepresented peopl color make small gains in science employment, new diversity report sho What chemists made in 2022, according to the salary survey 2/21/25, 7:31 Gianluigi Veglia sexually harassed his students and lab staff but wasn\u2019t fired 11/15 Credit: veglia.chem.umn.edu/people/gianluigi-veglia-phd The University of Minnesota found that biochemist Gianluigi Veglia harassed lab members. Even now, with sanctions officially lifted as of July 2020, the departments continue to wrestle with how to reintegrate Veglia. He was eligible in the fall of 2020 to apply to reenter the graduate program so he can start supervising graduate students in his lab again. But so far he hasn\u2019t applied for readmission, and it\u2019s not clear when or if he will \u25b8 Education: PhD, University of Rome, 1994; postdoctoral fellow, University of Pennsylvania, 1995\u201399 \u25b8 Position: Professor of biochemistry, molecular biology, and biophysics and professor of chemistry, University of Minnesota Twin Cities; joined the university in 2000 and received tenure in 2010 \u25b8 Sanctions for sexually harassing lab members: Removed from position as director of the Minnesota Center; suspended from the graduate programs in the Department of Biochemistry, Molecular Biology, and Biophysics and Department of Chemistry for 3 years; prohibited from supervising undergraduate students for 3 years; required to take sexual harassment training \u25b8 Research program: Three current R01 awards from the National Institutes of Health funding three postdocs and one or two staff researchers; one additional postdoc funded by the American Heart Association \u25b8 Salary: $194,000 in 2020 \u25b8 Memberships: American Association for the Advancement of Science, American Chemical Society, Biophysical Society publishes C&EN) Sources: veglia.chem.umn.edu, University of Minnesota National Institutes of Health. The university and departments \u201cfinally did put together a kind of reintegration plan on paper. But to my knowledge, they\u2019ve not really implemented very much of the plan,\u201d Forbes says. What\u2019s worse, she says, is the Department hasn\u2019t talked to students and faculty about what is happening with Veglia now think that graduate students have been very disappointed by the lack of communication from the department leadership and the program leadership about what\u2019s being done,\u201d she says think the department had a chance to learn from this and learn from what they got wrong. And they just didn\u2019t.\u201d Although Forbes oversees in part, her influence over the situation is limited because Veglia reports to the Medical School dean. If Veglia does reapply, the graduate faculty in and chemistry would have to vote to allow him to have graduate students again. Campbell thinks that the university\u2019s culture has changed for the better and that there is heightened awareness among faculty and administrators of the damage that harassment can do to students. \u201cNobody can see the future, but would say just because he\u2019s eligible doesn\u2019t mean he\u2019s going to apply. And even if he applies, it doesn\u2019t mean that he\u2019ll be voted in,\u201d Campbell says. Forbes isn\u2019t sure. \u201cMost faculty don\u2019t really know the details of what happened,\u201d she says, noting that some faculty members haven\u2019t even read the reports, which are publicly available. Advertisement Thousands of federal employees fired from regulatory and science fund agencies Trailblazers 2021: We have been here all along Out and proud Women and underrepresented peopl color make small gains in science employment, new diversity report sho What chemists made in 2022, according to the salary survey 2/21/25, 7:31 Gianluigi Veglia sexually harassed his students and lab staff but wasn\u2019t fired 12/15 \u201cI\u2019m surprised there was not more outrage,\u201d Forbes says. Some faculty are upset, particularly those who focus on graduate education. But others \u201care not upset enough to cause more noise about it find that disappointing Forbes says most faculty don\u2019t realize the damage Veglia\u2019s harassment and its fallout could do to the Department. \u201cReputation is everything in this business,\u201d she says. If the department developed a reputation for not taking sexual harassment seriously, \u201cthat could hurt their ability to recruit.\u201d Campbell agrees. He points out that the Medical School regularly has more graduate school applications from women and accepts more female than male graduate students. \u201cMany of our top students are female,\u201d he says, noting that women might be more likely to avoid a department where a harasser works. At the same time, current and former graduate students are particularly concerned that new students are being exposed to Veglia without knowing his history. Veglia taught Interpretation of Organic Spectra in fall 2020, he is currently teaching the class that the Department canceled in 2019, and he is scheduled to teach the organic spectra class again in fall 2021. But the departments aren\u2019t telling new students about the harassment case. \u201cNothing good ever happens in a graduate program where students have to pass down through generations of students that a faculty member is bad,\u201d Lopresti says. And Dicke is especially worried for any students who study under Veglia if he rejoins the graduate program couldn\u2019t bear to think of future students coming in and having to endure what did, having their soul crushed like mine was,\u201d she says. While not talking about Veglia\u2019s case specifically, Parker from the program believes that reintegration can happen, but only if harassment survivors\u2019 needs are put first. \u201cIn some cases, there may be a possibility for a productive reintegration and rehealing of relationships. There may be more cases where that is not possible,\u201d she says. \u201cIt comes back to transparency and talking about it.\u201d If Veglia applies to rejoin the graduate program so he could have graduate students, Campbell would not get to vote on the decision. But if he did vote, Campbell would want Veglia to acknowledge that he hurt people and that his behavior was wrong; he would have to demonstrate that he had taken steps to grow do believe in forgiveness,\u201d Campbell says. Haynes says the process of successfully reintegrating someone into the graduate program is unclear, but the university has to have a way to deal with people who harass students. The other option is firing everyone who commits harassment, and harassers may go on to work at other unwitting universities. \u201cHonestly think that\u2019s worse for everybody,\u201d she says. The former lab members that Veglia harassed are still recovering, and some chose new career paths. \u201cIt\u2019s been over 3 years since left the lab, and yesterday was having pretty horrible anxiety\u201d talking about this, Vossen said when he spoke with C&EN. \u201cIt definitely affected my personality and my work,\u201d he said went into grad school wanting to do research, and didn\u2019t want to do it anymore.\u201d --- Alysha Dicke, former graduate student who filed a complaint against Gianluigi Veglia Advertisement Thousands of federal employees fired from regulatory and science fund agencies Trailblazers 2021: We have been here all along Out and proud Women and underrepresented peopl color make small gains in science employment, new diversity report sho What chemists made in 2022, according to the salary survey 2/21/25, 7:31 Gianluigi Veglia sexually harassed his students and lab staff but wasn\u2019t fired 13/15 Both of the students who formally reported Veglia\u2019s sexual harassment have left lab science. When Chelsea first came to Veglia\u2019s lab, she thought she might get a PhD. Her experience turned her off to academia, and she ended up going to medical school decided after year 1 that there was no way was staying in academia,\u201d Chelsea says. She is now in a residency program. Dicke finished her PhD in May 2017 and is now working for a patent law firm went into grad school wanting to do research, and didn\u2019t want to do it anymore,\u201d says Dicke, who served on a National Institutes of Health working group to stop sexual harassment was so focused on surviving and trying to figure out how to interact with Gianluigi in a way that was productive that couldn\u2019t even focus really on science was robbed of that. We\u2019ll never know what could\u2019ve contributed to science, and that\u2019s sad.\u201d \u201cFor 3 years was afraid to speak up in a toxic work environment, encouraged to tolerate and ignore behavior that now know was unacceptable,\u201d Chelsea says. \u201cIt took the courage of another survivor for me to give myself permission to speak up. As hard as it is to relive it, it\u2019s worth it a hundred times over if sharing this story protects even one other person from having to go through this experience.\u201d Chemical & Engineering News 0009-2347 Copyright \u00a9 2025 American Chemical Society LIKE... Why hasn\u2019t Kristie Koski made tenure? How Shyamala Rajender fought back against discrimination Jen Heemstra on 3 things faculty can do to prevent bullying Contact the reporter Bootcamp--Hands-On Chromatography Class by Institute Laboratory Safety by Institute \uf0e0 Advertisement Thousands of federal employees fired from regulatory and science fund agencies Trailblazers 2021: We have been here all along Out and proud Women and underrepresented peopl color make small gains in science employment, new diversity report sho What chemists made in 2022, according to the salary survey Sign up for C&EN's must-read weekly newsletter Email Address Subscribe \u00bb Contact us to opt out anytime 2/21/25, 7:31 Gianluigi Veglia sexually harassed his students and lab staff but wasn\u2019t fired 14/15 Submit a Letter to the Editor for publication Engage with us on \uf040 \ud835\udd4f Advertisement Thousands of federal employees fired from regulatory and science fund agencies Trailblazers 2021: We have been here all along Out and proud Women and underrepresented peopl color make small gains in science employment, new diversity report sho What chemists made in 2022, according to the salary survey 2/21/25, 7:31 Gianluigi Veglia sexually harassed his students and lab staff but wasn\u2019t fired 15/15", "7774_102.pdf": "About Us Daily Archive Advertise Jobs Alumni Image by Morgan La Casse community members petition for stronger consequences for professor who reportedly sexually harassed students Daily Email Edition Get Daily delivered to your inbox Monday through Friday Latest Stories Stephen Day kicks off \u2018Gold Mine\u2019 tour in Minneapolis Published February 21, 2025 USG\u2019s EngageU series voices student concerns Published February 21, 2025 Minnesota legislators look to legalize, regulate sports betting Published February 21, 2025 Two investigative reports found that biochemistry professor Gianluigi Veglia violated University sexual harassment policies in 2017. by Hana Ikramuddin Published April 6, 2021 Editor\u2019s note: This article discusses sexual harassment. If you or anyone you know has experienced sexual harassment, the Aurora Center\u2019s 24-hour helpline can be reached at (612) 626-9111. Over 1,500 people have signed a petition asking the University of Minnesota administration to reconsider the decision made in 2017 to keep and sanction a professor who violated the University\u2019s sexual harassment policies. The University did not fire Gianluigi Veglia, a tenured professor in the Department of Biochemistry, Molecular Biology, and Biophysics (BMBB) after multiple students came forward accusing him of sexual misconduct. Two investigations by the University\u2019s Equal Opportunity and Affirmative Action office found that Veglia had violated sexual harassment policies in 2017. Siu Yi Kwang, a chemistry graduate student, created the petition on March 20, which asks professors to \u201crevisit the [Equal Opportunity and Affirmative Action] reports and recommendations from 2017 and come up with appropriate actions against Professor Veglia March 15 article by Chemical & Engineering News prompted the petition. Veglia\u2019s sexual harassment reportedly included making comments about students\u2019 appearances and making sexual advances toward them. The recommended that Veglia be fired, but the deans of the College of Science and Engineering and the medical school continued to employ him as faculty, while imposing sanctions on Veglia and banning him from supervising graduate students for three years, according to the article. Kwang said she hopes the petition will prompt action from the University. She wants to see consequences that are \u201cmore proportional\u201d to Veglia\u2019s reported actions in his lab based on the EOAA\u2019s recommendations lot of the time, it\u2019s very easy to condemn sexual harassment, but what can you actually do when it happens?\u201d Kwang said. Despite the sanctions placed on Veglia, some chemistry department students and faculty say the University did not take strong enough steps to prevent Veglia\u2019s alleged sexual misconduct because he was not fired. University alum Katie Youmans, who helped create the petition, said instances like these represent a larger issue in academia: sexual harassment or discrimination that is insufficiently punished might be an explanation for why women may not feel welcome in academic communities, she said. \u201cThey\u2019re protecting him instead of the victims,\u201d Youman said. Veglia allegedly sexually harassed a student when he served as her principal investigator, a faculty member who guides and funds graduate student research. Students and faculty in the chemistry department said this can lead to a power imbalance between graduate students and their principal investigator. Beyond advising a student\u2019s research, students often need recommendation letters from their principal investigator after leaving graduate school, meaning students can be hesitant to speak out against inappropriate behavior. Lee Penn, the director of undergraduate studies in the chemistry department, said there is a great deal of support for the petition among faculty. \u201cIn terms of the faculty members have directly spoken to would say there\u2019s a large body of support for our students and a large body of support for not having professor Veglia teach in our department, and not having him advise graduate students,\u201d they said. Vice President and Provost Rachel Croson and President Joan Gabel have responded to concerns about Veglia\u2019s alleged behavior and lack of severe consequences in an email to the students, faculty and staff of the chemistry department. \u201cWe are committed to inclusive and meaningful restorative justice, so the University will hire an external consultant to ensure a robust restorative justice process,\u201d the email read. \u201cWe are engaged with experts in the field who will be guiding this important work and will provide additional information as this initiative progresses.\u201d Kwang sent a letter to Croson and Gabel criticizing their response. The administrators responded, acknowledging her message. \u201cYour communication suggests that the University has the power to relitigate discipline previously imposed to send a message. That is not accurate. While we can reinforce the genuineness of the discipline previously imposed, we cannot wield authority to re-open individual employment determinations, regardless of how much we might wish to,\u201d read the email from Croson and Gabel. University spokesperson Jake Ricker said that because Veglia accepted his proposed discipline as dictated under the University\u2019s tenure code, \u201c[t]hat is the end of the process under the Tenure Code. There is no basis for reopening or redoing that process.\u201d While Kwang said that hiring an external consultant is a good first step, she said she hopes to see more action from the University going forward. \u201cIt took me three separate sittings to read the article was in shock,\u201d Penn said would say there\u2019s a lot of anger in the department right now lot of people are very angry. The situation\u2019s done harm to our department. And, figuring out how we, as a department, move forward and heal from all of this is going to be a long process, but it\u2019s our job to figure that out.\u201d View Comments (5) More in City Students urge Minnesota Legislature to fund the University Defending Glendale \u2014 community organizers fight for historic designation Hundreds march for missing and murdered Indigenous relatives in Minneapolis History of Black History Month Warm winters keep Minneapolis\u2019 outdoor rinks closed sooner, more often Getting to know House Speaker Lisa Demuth More in Editor's Picks More in Other community discusses the impact of Roe v. Wade one year later look into what knows about cheating with ChatGPT Minneapolis community reacts to investigation agreement Former Gopher center John Michael Schmitz Jr. adapting to students pick their song of the summer Best books and parks near campus Chief Matthew Clark to step down Protesters fight the cold, advocate against Trump immigration policies What Trump\u2019s first actions in office may mean for the Constitution The Minnesota Daily \u2022 \u00a9 2025 The Minnesota Daily \u2022 Privacy Policy Pro WordPress Theme by \u2022 Log in Trump administratio n investigating antisemitism at UMN, four other colleges Computer Science professor wins Presidential Award international students estimated to pay double in tuition, fees 2024-25 \uf39e \uf16d \ue61b \uf0e1 \uf09e 2221 University Ave 450 Minneapolis 55414 (612) 435-5657 Sections News Administrati\u2026 Activities Opinion Arts & Enter\u2026 Sports Multimedia Daily Arc\u2026 About the Daily About Us Contact Us Content Div\u2026 Send Us N\u2026 Donate Advertise Sponsored C\u2026 Corrections Policies & Procedures Terms And Co\u2026 News & Ethics \u2026 Privacy Policy Freelance Policy Online Comme\u2026 Board Of Direc\u2026 Letters To The \u2026 Content Remo\u2026", "7774_103.pdf": "Petition: Justice for Students and Staff Against Professor Gianluigi Veglia Justice for Students and Staff against Ve\u2026 2/21/25, 7:31 Justice for Students and Staff against Veglia 1/6 Dear University Leaders, We are writing you in response to the recent article about Professor Gianluigi Veglia\u2019s sexual harassment towards female members of his lab. We would like to petition you to revisit the reports and recommendations from 2017 and come up with appropriate actions against Professor Veglia. Here are some facts established by the article: 1. Professor Gianluigi Veglia (holding joint appointment in Department of Biochemistry, Molecular Biology, and Biophysics (BMBB), and Department of Chemistry) was investigated by the Office of Equal Opportunity and Affirmative Action (EOAA) for sexual harassment allegations by two formal lab members. 2. After concluding the investigation in 2017 recommended that Professor Veglia be fired. 3. 2017 Deans of the Medical School and the College of Science and Engineering decided to go against EOAA\u2019s recommendation and come up with the following sanctions instead: Appointment as Director of the University facility terminated Suspended from graduate programs for academic years 17/18, 18/19, and 19/20. May reapply to the graduate programs beginning fall 2020. Not allowed to direct or supervise undergraduates volunteering or working in his lab for academic years 17/18, 18/19, and 19/20. Supervisory status will be considered based upon compliance with the sanctions. 4. While he was sanctioned, he was paid his full salary, continued to teach classes, and continued working with \u201cseveral graduate students \u2026, [with] another faculty member [serving] as their formal adviser.\u201d The article quoted one administrator who said that \u201cthere are different punishments for different crimes,\u201d but was this the right punishment for the crime? From point 4, Professor Veglia\u2019s career has hardly been impacted. For instance, he published a total of 56 publications from 2018-2020, while working with graduate students despite being suspended from graduate programs. One example was a chemistry student who joined a computational chemistry group, despite not doing any computational work. During the sanctioned period, this student published 10 articles, all with Professor Veglia, with their \u2018formal advisor\u2019 appearing only on 2 as a collaborator of Veglia\u2019s lab. Professor Veglia has not shown any signs of remorse or understanding of the harm he has inflicted on his victims. Circumventing his suspension from graduate programs by having graduate students work with him under other \u2018formal advisors\u2019 suggests that he does not take his sanctions seriously. Furthermore, when reached out to him for an interview, he could have refused, he could have remained silent, he could have apologized; instead, \u201che responded with a list of his teaching Justice for Students and Staff against Ve\u2026 2/21/25, 7:31 Justice for Students and Staff against Veglia 2/6 evaluation ratings for several classes from 2017 to the present, as well as a list of his 182 peer- reviewed publications.\u201d One can\u2019t help but see the parallels between Professor Veglia and Brock Turner, whose swimming times were published alongside the fact that he raped an unconscious woman. Reading the article brings up many emotions - anger, fear, grief, desperation - and many questions. If Professor Veglia was not tenured, would he have been fired? Does the University\u2019s Code of Conduct not apply the same to everyone? How do we trust that the University is committed to keeping us safe by allowing Professor Veglia to continue to advise graduate students and teach undergraduates? Why would anyone come forward to report incidents of misconduct and relive their trauma only to see justice unserved? How do we in good conscience convince prospective students to join our University when the administration\u2019s actions are saying \u201cif you\u2019re mistreated by a Professor, too bad, we can\u2019t do much\u201d? During a question session with current Department Head of Chemistry, Professor David Blank, someone asked what negative impacts Professor Veglia did receive other than not having to read theses and sit on oral committees. The answer was that his reputation was damaged and that his personal life was negatively impacted. Those are natural consequences of his actions, not punishments. And had the victims not risked retaliation and leaked the information to the public, even these negative consequences would have eluded him. Therefore, we implore you To revisit the reports and recommendation from 2017 and come up with appropriate actions against Professor Veglia. Lastly, we would like to ask one final question: If the President\u2019s Initiative to Prevent Sexual Misconduct (PIPSM) is as \u201ccritically important\u201d as President Joan Gabel suggested in her latest email, how should we reconcile this mismatch between the President\u2019s resolve with Professor Veglia\u2019s tiny slap on his wrist? Talk is cheap. Show us you care. Sign the Petition here. (List of signatures can be seen at the bottom of the page.) *If you're using a mobile browser, you may need to click on the google sheets below to see the updated list of people who signed the petition. *First update on 3/21/2021 7.50pm, we're past 100 signatures! Let's scream at the university to get our Justice for Students and Staff against Ve\u2026 2/21/25, 7:31 Justice for Students and Staff against Veglia 3/6 voices heard! *Second update on 3/22/2021 4.22pm, we've reached 500 signatures! *Third update on 3/24/2021 9.22pm, we're past 1000 signatures! Thank you everyone for the support and for spreading the word! We're expecting another wave of signatures some time next week so the petition will stay open at least till then. *Fourth update on 3/26/2021, the Chemistry department received a letter from the President and Provost, and unfortunately we are not yet convinced that they will meet our demands and do more than talk. (click on the link above to read the letter) We'll be crafting a detailed response to the letter and updating this page later. Because #TalkIsCheap, and we want Action! *Fifth update on 3/29/2021, we've officially submitted the petition to the President, Provost and Vice Provost. However, this petition will remain open until they respond reasonably to our petition. Here's the letter we wrote them, \"Dear President Gabel and Provost Croson, We are the writers of the petition seeking the University leadership to revisit the 2017 reports on Professor Veglia\u2019s sexual harassment incidents and come up with appropriate punishments for his actions. We would like to emphasize that the issue is not that no punishment was given, but that the sanctions against Professor Veglia amount only to a slap on the wrist and contradict your commitment to providing a culture free of sexual harassment. We understand that current department leaders cannot relitigate Professor Veglia\u2019s case despite the desire to, but is there no formal appeal process to have a case re-evaluated? We are appealing this process to you, who have the authority, to re-examine Professor Veglia\u2019s case, along with the original decision, and to correct the injustice. As of 3/28/2021 9.45pm, we have 1536 unique signatures, where 1461 are directly affiliated with the University of Minnesota. Undergraduates (40.5%), graduate students (30.2%), alumni (9%), staff (7%), postdoctoral associates (2.8%), and faculty members (4.6%) make up the bulk of the petition signatures. Of the 552 responses received about department information, the top 3 departments were Chemistry (179), Neuroscience (53), and (43). Initially, we intended to garner even more signatures before officially submitting the petition to you. However, we decided to do so now after receiving a letter addressed to the Department of Chemistry. While it may not have been your intention, your letter comes across as you trying very hard to defend Professor Veglia. Thus, we would like to directly respond to your letter. First, we noticed that you addressed your letter only to the Department of Chemistry. However, this petition is not just about the Departments of Chemistry or BMBB; it is about the University's willingness to turn a blind eye or give punishments disproportionate to the crime when the culprit is a tenured Professor. It's sending the message to every faculty at the University that it's ok to abuse your students because the consequences are Justice for Students and Staff against Ve\u2026 2/21/25, 7:31 Justice for Students and Staff against Veglia 4/6 light and the administration has your back. It's sending the message to every student that reporting incidents of misconduct is futile because the University will only pat you on the head and say, \"I'm sorry it happened to you.\" Next, we would like to respond directly to quotes from your letter: \"As a result of his conduct, Dr. Veglia was formally reprimanded and removed from a leadership position and that position\u2019s accompanying compensation formal reprimand is the least we can expect for a tenured Professor who has a history of sexually harassing multiple students and lab members. We do not believe that removing him from a leadership position and having his compensation reduced to $194,000 in 2020 is in any way harsh, and we are not convinced that this \u2018punishment\u2019 is enough to make up for the injustice, pain, and trauma he put his female students through. \"He was also suspended from the graduate programs where he was appointed.\" Despite being suspended from the graduate programs where he was appointed, Professor Veglia continued to serve as a primary advisor to graduate students. When the city pages article published his misconduct in May 2018, he hid this fact by having other faculty members serve as 'formal advisors' to his graduate students. Instead of expressing remorse for his actions, he created a \u2018poor soul who lost all his graduate students\u2019 fa\u00e7ade. Compelling evidence can be provided upon request. It is clear that Professor Veglia is trying to hide the fact that he is still advising graduate students by removing them from his website and having other faculty members superficially take them on, suggesting that he knows it is not in the spirit of the sanctions. If sanctions can be circumvented by being taken only literally and not seriously, are they still meaningful? \"As he has been incrementally reintroduced to the classroom, his classes have all been co-taught with another faculty member who was supervisory and present for all sessions.\" If Professor Veglia cannot be trusted to behave without a chaperone, why is the administration going to such lengths to protect him? Isn\u2019t it a waste of resources to have to assign another faculty member to watch over Professor Veglia at all times? If in the future Professor Veglia gets to teach without supervision and there are allegations of misconduct in the classroom, how much responsibility does the University bear? \"We also confirmed that no continuing misconduct has been observed.\" What you have confirmed is the absence of new allegations reported to EOAA. Given the lack of adequate consequences stemming from previous investigations, why would anyone bother to come forward to report? While this does not prove that Professor Veglia continued any misconduct, it certainly also does not confirm the lack of misconduct. \"The classes assigned are not mandatory\u2014no student is being compelled to take a course with Dr. Veglia.\" Why should a student who is interested in the content he is teaching but feels uncomfortable in his presence be forced to choose between their intellectual pursuit and their own mental and physical wellbeing? Furthermore, technically no one is compelled to attend the University of Minnesota, but that doesn't mean the administration should ignore all student concerns. \"The University is also working actively to eliminate sexual harassment before it happens noting that Justice for Students and Staff against Ve\u2026 2/21/25, 7:31 Justice for Students and Staff against Veglia 5/6 The University is also working actively to eliminate sexual harassment before it happens, noting that prevention is the best way to move us forward.\" Talking about eliminating sexual harassment is important, but how are the University's words backed up by actions? In Professor Veglia's case study, the deterrence to sexual harassment is simply not strong enough. Your explanation of Professor Veglia's sanctions and teaching duties is not new to us. We're not arguing that he has not been punished; we're arguing that he has been insufficiently punished. His victims carry the trauma he inflicted and gave up their careers in research as a result of his sexual harassment, while his career was hardly impacted. Is this justice? You have the power to reverse the decision and revisit this issue. We do not need to hear you reiterate the performative rhetoric of how committed you are to preventing sexual harassment and that you hear us. We appreciate your intent to hire an external consultant \"to ensure a robust restorative justice process,\" but what does that entail? Will it still be all talk and no action? We know what we ask of you is not easy, but fighting sexual harassment is never easy. This could be an opportunity for the University of Minnesota to rise up to the occasion and become a role model for other academic institutions. Or it could just be another disappointing negative case study. What will you choose? You have the power to use your actions to send a strong message across the entire University that no one, not even tenured Professors, can get away lightly with sexual harassment. Please show us that your talk is not cheap.\" Petition To University of Minnesota, Twin Cities Leadership To (Responses) : Form Responses 1 Timestamp Title/Affliation (Optional) Department (Optional) 3/20/2021 15:26:35 Siu Yi Kwang Graduate Student Chemistry 3/20/2021 16:02:50 Katelyn Youmans Alumni Chemistry 3/20/2021 16:07:45 F. C. Family of alumni 3/20/2021 16:20:23 Sina Chiniforoush Graduate Student Chemistry 3/20/2021 16:29:06 Jacob Schaffner Graduate Student Chemistry 3/20/2021 16:32:08 Channing Klein Undergraduate Student 3/20/2021 16:37:26 Graduate Student Chemistry 3/20/2021 16:39:15 Cole Scholtz Graduate Student Chemistry 3/20/2021 16:41:38 Joe Brennan Graduate Student 3/20/2021 16:46:55 Graduate Student Chemistry 3/20/2021 16:53:55 Nick Livezey Graduate Student Chemistry 3/20/2021 17:02:42 Elizabeth Apiche Graduate Student Name. If you wish to rem Petition To University of Minnesota, Twin Cities Leadership To (Responses) Justice for Students and Staff against Ve\u2026 2/21/25, 7:31 Justice for Students and Staff against Veglia 6/6", "7774_104.pdf": "Statement on Sexual Harassment The Department of Chemistry condemns the kind of behavior described in the March 15, 2021 article regarding Professor Gianluigi Veglia. Sexual harassment and misconduct are never acceptable and will not be tolerated in our department. Any individual who reports misconduct will be met with support and respect, and retaliation will not be tolerated in any form. Our department prioritizes and will continue to work tirelessly to build and strengthen a climate based on communication and transparency. We strive to listen to and respect all voices in our community. We emphasize that ours is a climate in which inappropriate behavior is simply unacceptable. Add your Signature ( David Blank Professor and Department Head Christy L. Haynes Associate Department Head Lee Penn Professor and Director of Undergraduate Studies Aaron Massari Professor and Director of Graduate Studies Chuck Tomlinson Director of Operations Renee Frontiera Professor Jane E. Wissinger Professor Erin E. Carlson Professor Kyle C. Bantz Professor Theresa M. Reineke Professor Courtney C. Roberts Assistant Professor Michael Bowser Professor Jason Goodpaster Professor Jessica Lamb Professor Wayne Gladfelter Professor Connie Lu Professor Michelle Driessen Professor Ambika Bhagi-Damodaran Professor Tim Lodge Professor William Pomerantz Professor Sapna Sarupria Professor Donald G. Truhlar Professor Angela Perkins Professor Val\u00e9rie C. Pierre Professor Marc A. Hillmyer Professor College of Science and Engineering Department of Chemistry Nicholas Race Professor Phil Buhlmann Professor James Johns Professor Steven Kass Professor Edgar Arriaga Professor Jiali Gao Professor Gwendolyn A. Bailey Professor Joseph J. Topczewski Professor Ian Tonks Professor Anonymous Graduate student Frank S. Bates Professor Eleni Spanolios Graduate student Siu Yi Kwang Graduate student Nick Livezey Graduate student Harrison Frisk Staff member Daniel MacEwan Staff member David Flannigan Professor Red Smith-Sweetser Graduate student Chris Douglas Professor Polly Lynch Graduate student Anonymous Postdoc Jacob Schaffner Graduate student Hyeokjung Kim Graduate student Nora Vail Graduate student Steven Butler Graduate student Connie Anderson Graduate student Ryan Anderson Graduate student John E. Ellis Professor Emeritus Jennifer A. Grasswick Staff member Ramya Kumar Postdoctoral associate Kris Elbein Graduate student Beza Tuga Graduate student Zhihao Wu Graduate student Erik Moran Graduate student Juekun Wen Graduate student Yukun Cheng Graduate student Cole Scholtz Graduate student Chris Seong Graduate student Elizabeth Apiche Graduate student Xin Dong Graduate student Caini Zheng Graduate student Nathan Rackstraw Graduate student John Beumer Staff member Lawrence Que Professor Laura Seifert Staff member Huda Zahid Graduate student Christopher LaSalle Graduate student Jeffrey Paz Buenaflor Postdoctoral Associate Punarbasu Roy Graduate student Shelby Auger Graduate student Randy Wilharm Graduate student Garrett Schey Graduate student Tana O'Keefe Graduate student Connor Reilly Graduate student Meghan Cahill Undergraduate student Craig Van Bruggen Graduate student Emily Pelton Staff member Murphi Williams Graduate student Marianne Meyersohn Graduate student Thomas R. Hoye Professor Chun-Ju Tsou Graduate student Ariana Campanaro Graduate student Hannah Lembke Graduate student Matt Neurock Professor Connor Frye Graduate student Mark Bell Staff member Joseph J. Dalluge Director, Mass Spectrometry Laboratory Adam Baxter Staff member Emily Prebihalo Graduate student Tanya L. Becker Staff member Lisa Jahr Staff member Chris Ellison Professor Cecilia Douma Graduate student Claire Seitzinger Graduate student Jennifer McCambridge Staff member Letitia Yao Staff member Eric Schulz Staff member Niklas Kraemer Graduate student Emily Ness Graduate student Miriam Krause Staff member Ellen Monzo Graduate student Hannah Leopold Staff member Mahesh K. Mahanthappa Professor Stephanie Stathopoulos Staff member Nick Erickson Staff member Alon McCormick Professor Serena DiLiberti Graduate student Deborah Rodriguez Undergraduate student Jeffy Jeffy Undergraduate student anonymous Undergraduate student Carlton Folster Postdoc Channing Klein Undergraduate student Katerina Graf Undergraduate student Adam Cahn Undergraduate student Yukino Nakamura Undergraduate student Ethan Redlin Undergraduate student Sang Le Undergraduate student Grace Ha Undergraduate student Thy Duong Undergraduate student Vijay Shah Undergraduate student Maggie Malikowski Undergraduate student Sydney Wessel Undergraduate student James Wagner Undergraduate student Colin Peterson Graduate student Mollie Dunlap Staff member Rachel Rapagnani Graduate student Joseph Shoemaker Undergraduate student July Pham Graduate student Natalie Pfann Undergraduate student Gabriel Bonilla Undergraduate student Josh Gavin Graduate student Alex Zhang Undergraduate student Valerie Schuster Undergraduate student Shao-Yu Lo Graduate student Demetrius Stavros Undergraduate student Anna Himmer Undergraduate student Lili Wang Undergraduate student Grace Braegelman Undergraduate student Gabby Larson Undergraduate student Maetzin Cruz-Reyes Graduate student Shelby McGuire Graduate student Kaitlin Galdonik Undergraduate student Julie Duffield Undergraduate student Daniel Harki Professor Sangyun Kim Graduate student Christian Grimme Graduate student Vilma Brandao Graduate student Dan Garrison Staff member anonymous Undergraduate student Payam Mohebbi Undergraduate student Sanghee Yang Postdoc Monica Ohnsorg Graduate student List of name last updated 03/23/2021 Related news releases Krause, Penn, Tuga, and Umanzor earn Diversity, Equity, and Inclusion Leadership Showcase Awards (/chem/news/krause-penn-tuga-and-umanzor- earn-diversity-equity-and-inclusion-leadership-showcase) Chemistry Diversity and Inclusion Committee debuts Self-Study program (/chem/news/chemistry-diversity-and-inclusion-committee-debuts-dei-self- study-program) Professor R. Lee Penn receives Justice, Equity, Diversity, and Inclusion Award (/chem/news/professor-r-lee-penn-receives-umn-justice-equity-diversity- and-inclusion-award) Gift from supports Chemistry students and groups (/chem/news/gift-ppg- supports-chemistry-students-and-groups) Statement on the attack and murders in Atlanta (/chem/news/statement- attack-and-murders-atlanta-ga)", "7774_105.pdf": "The Minnesota Daily \u2022 September 12, 2019 \u2022 Class removed after complaints about controversial professor In 2017, the University found Gianluigi Veglia violated the University's sexual harassment policy in two investigations. by Michelle Griffith After multiple graduate students voiced their concerns over a professor\u2019s past conduct, a University of Minnesota course was canceled only days before the fall semester began. In 2017, tenured instructor Gianluigi Veglia violated the University\u2019s sexual harassment policy as found in two University-conducted investigations, according to a notice of proposed discipline letter. The Department of Biochemistry, Molecular Biology and Biophysics removed the course, called Introduction to Modern Structural Biology \u2013 Nuclear Magnetic Resonance, after it received multiple complaints late last month about Veglia teaching the course. In a 2017 report from the office of Equal Opportunity and Affirmative Action, female students in his lab alleged Veglia had sexually pursued and made comments toward them, commenting on their clothing and appearance. Veglia denied these allegations, among many others. The deans of the College of Science and Engineering and the Medical School recommended Veglia be suspended from the department\u2019s graduate program through the 2019-20 school year, but he is currently teaching a course in the chemistry department. Right now, Veglia is allowed to teach any course, should he be assigned, according to Department Head David Bernlohr. The class, which is only offered in the fall, has not been taught in over a year. Veglia is one of the few instructors who can teach the class because it requires a specific skill set, according to department staff. Veglia\u2019s assignment to teach the course was brought to students\u2019 attention when they tried to register for the class, said fourth-year graduate student and graduate program student representative Michael Lopresti. Bernlohr said it was \u201cindicated\u201d to students last year that Veglia would teach the class, this was the first time this year those in the program had heard Veglia was teaching a class, Lopresti said. Morgan La Casse Bernlohr also said department faculty were aware that Veglia was assigned to teach the class. When asked why the department did not let students know Veglia was going to be teaching in the department again, Bernlohr said, \u201cWe probably should have think we had communicated a year ago that he wasn\u2019t going to be teaching last year and would likely teach this year. \u2026 We didn\u2019t think it would be a surprise, but obviously that wasn\u2019t something that all the students realized,\u201d Bernlohr said. The lack of communication about Veglia\u2019s class assignment harms the already fragile relationship between the department and the students, said Kelly Wallin, a fifth-year graduate student. \u201cThere\u2019s been no acknowledgement to the general graduate student body that this happened, it wasn\u2019t supposed to happen \u2026 and someone is going to make sure it isn\u2019t going to happen again,\u201d Wallin said. Mistrust grew between students and the department after Veglia\u2019s conduct was made public through a City Pages article in 2018, Lopresti said. Veglia\u2019s class assignment and the lack of communication to students just made the sense of mistrust increase, he said. \u201cTo have us be randomly blindsided by stuff like this seriously undermines our ability to trust [the department] and have faith that things are actually going to change,\u201d Wallin said. Going forward, Bernlohr said the department will meet with students and the directors of graduate studies so students can plan effectively for their degree program, make arrangements and \u201cbe ready\u201d for the course. \u201cWe\u2019re trying to do the best we can so the students can feel comfortable in their classes and advance their degree programs \u2026 that\u2019s one of our major goals,\u201d Bernlohr said. Correction: a previous version of this story misstated which entity recommended discipline against Gianluigi Veglia. The deans of the College of Science and Engineering and the Medical School recommended Veglia be suspended from the department\u2019s graduate program through the 2019-20 school year. Correction previous version of this story misstated the role of faculty in approving Veglia\u2019s teaching appointment. Not all faculty were involved in the decision-making process."} |
8,684 | Walter Verdehr | Michigan State University | [] | {} |
7,489 | Aaron Kelley | Ohio University | [
"7489_101.pdf"
] | {"7489_101.pdf": "Professor quits over inappropriate relationships with students Staff Writer The Columbus Dispatch Published 12:01 a.m April 16, 2010 Updated 4:28 p.m April 16, 2010 tenured Ohio University professor has quit - just months after the school started the unusual process of stripping him of his job because of accusations that he had a string of inappropriate relationships with students and a subordinate. C. Aaron Kelley, the former dean of OU's College of Business, will retire at the end of June. University officials recently gave Kelley, 62, two options: resign or face having his tenure revoked, which would open the door for to fire him. Tenure is designed to guarantee academic freedom and puts the onus on schools to prove just cause before it can fire faculty members received Kelley's resignation letter last week. President Roderick J. McDavis began the process to dismiss Kelley last September - fueled by what he called Kelley's inappropriate behavior and poor judgments stretching back to 1996. \"Over period of 13 years, you have disregarded repeated warnings and have engaged in a patter of behavior that is harmful to the university and the young women with whom you had a relationship,\" McDavis told Kelley in a letter. \"By repeatedly abusing your position of authority over students you have created a significant risk of legal liability for sexual-harassment claims against you and the university.\" Kelley and his attorney did not immediately return phone calls seeking comment. In 1996, Kelley stepped down as the business-school dean after having an affair with his secretary. 2/21/25, 7:32 Professor quits over inappropriate relationships with students 1/2 He then had a sexual relationship with a former student that lasted from April 2000 to May 2001. The relationship became public right about the time Kelley accepted a job as dean of the business school at Coastal Carolina University. He ended up declining that offer. Kelley also faces accusations of having an inappropriate relationship with two students he taught in OU's master's of business administration program in India. Kelley had denied the allegations but concedes he had sent numerous text messages to one of the students that end with \"Love, Mr. Banana.\" He told the Faculty Senate, which held a hearing on his de-tenuring, that the student simply liked fruit-related nicknames and that he called her \"Sleepy\" because she often slept through class. The Faculty Senate concluded that the pet names indicated a relationship that was at the very least \"inappropriately flirtatious and solicitous.\" Education news Blog: The E-Team Full coverage: The Dispatch.com education page Twitter: @DispatchEteam Facebook: Dispatch E-Team 2/21/25, 7:32 Professor quits over inappropriate relationships with students 2/2"} |
7,912 | Tim Terrentine | Western Michigan University | [
"7912_101.pdf",
"7912_102.pdf",
"7912_103.pdf",
"7912_104.pdf",
"7912_105.pdf"
] | {"7912_101.pdf": "Western Michigan University official resigns after accusations of sexual harassment Published 3:20 p.m July 20, 2018 Western Michigan University administrator has resigned after being accused of sexual harassment. Tim Terrentine, former vice president for development and alumni relations, resigned on July 9 after an investigation into the alleged harassment, according to a letter in his personnel file from Tammy Miller, WMU's associate director of the Office of Institutional Equity. \"Having reviewed all the evidence and using the preponderance of the evidence standard, the University has concluded that there is sufficient evidence to support a finding of responsible for Sexual Harassment, as defined in the University Sexual Misconduct policy,\" Miller stated in the June 29 letter. Terrentine could not be reached for comment Friday. Miller also reminded Terrentine that the university strongly prohibits retaliation. Terrentine began his $275,000-a-year job with the university on Aug. 22, 2016. He was making $286,110 a year when he resigned. The university agreed to pay Terrentine a lump sum of $71,528 within seven days of his resignation. He will have health benefits until Oct. 1. Terrentine also agreed to not seek or apply in the future for employment \"at, or with, the University.\" \"While can\u2019t comment further on this specific personnel matter can speak generally to our culture at safe and supportive culture is of paramount importance at spokeswoman Paula Davis said Friday. \"Sexual harassment is not tolerated here. Protecting Noe Hernandez Battle Creek Enquirer 2/21/25, 7:32 official resigns after accusations of sexual harassment 1/2 the privacy of those who come forward is crucial to ensuring that people continue to feel safe coming forward and that those who do avoid any negative repercussions.\" Terrentine received a bachelor's degree in family studies in education from in 2004 and earned a master's degree from WMU's School of Communication in 2006. As vice president for development and alumni relations, he was responsible for leading, planning, directing and managing \"the creation and delivery of programs and personnel, financial, and operational activities to increase philanthropic support and secure alumni commitment and development.\" He also served as executive director of the Foundation. \"Tim Terrentine is an executive with enormous talent for making connections and matching talented people with the resources they need,\" former President John Dunn said after the university announced his hiring in July 2016. \"Those talents, combined with his strong Bronco ties and his extensive background in area professional, civic and charitable organizations, make him a wonderful choice for this position.\" Terrentine helped to find Dunn's successor, serving on a 22-member presidential search advisory committee hired President Edward Montgomery in April 2017. The university launched a national for Terrentine's replacement earlier this month. Renee Pearl, director of engagement, is serving as the interim vice president during the search. \"We will seek a proven development professional with a gift for transformational leadership, fundraising and alumni engagement,\" Montgomery said in a university press release. Contact Battle Creek Enquirer reporter Noe Hernandez at 269-966-0684 or [email protected]. 2/21/25, 7:32 official resigns after accusations of sexual harassment 2/2", "7912_102.pdf": "WMU's Vice President of Development Alumni Relations, Tim Terrentine, resigns amid sexual harassment allegations Tim Terrentine resigns from amid sexual harassment allegations by Newschannel 3 Thu, July 19th 2018 at 10:24 Updated Thu, July 19th 2018 at 12:11 00:00 01:22 relations resigns sexual harassment relations resigns sexual harassment 3 2/21/25, 7:33 official resigned after school investigation found evidence of sexual harassment 1/4 KALAMAZOO, Mich high-ranking official at Western Michigan University resigned after the school found evidence of sexual harassment began investigating Timothy Terrentine, the former vice president of development and alumni relations, for sexual harassment in May. The school sent him a letter saying it found evidence of the claims against him were likely true and in violation of Western's sexual misconduct policy. Terrentine, WMU's former vice president of development and alumni relations, stepped down on July 9. According to employment records obtained through a request, Terrentine had served in that position since August 2016. The documents obtained do not detail what that evidence is or the complaint made against Terrentine said the harassment, \u201cdid not involve any students or minors.\u201d Paula Davis, WMU's interim director of university relations Paula Davis said in an email to Newschannel 3 3 2/21/25, 7:33 official resigned after school investigation found evidence of sexual harassment 2/4 safe and supportive culture is of paramount importance at WMU. Sexual harassment is not tolerated here. Protecting the privacy of those who come forward is crucial to ensuring that people continue to feel safe coming forward and that those who do avoid any negative repercussions Mother arrested for chaining 11-year-old son to oil tank while at work Man facing charges after allegedly holding wife hostage, threatening to kill deputies 3 children found living in vile conditions were abandoned 5 years ago, sheriff says by Taboola Techno Mag War Thunder Join new Free to Play War Thunder Play Now Access all channels anywhere, anytime Crossout Crossout: New Apocalyptic Play Now 3 2/21/25, 7:33 official resigned after school investigation found evidence of sexual harassment 3/4 Loading ... AdChoices Sponsored 3 2/21/25, 7:33 official resigned after school investigation found evidence of sexual harassment 4/4", "7912_103.pdf": "vice president resigns after sexual harassment investigation, deletes social media Zoe Jackson News Editor Jul 23, 2018 vice president at Western Michigan University has resigned from his leadership position after an investigation that found evidence of sexual harassment. The investigation into Timothy (Tim) Terrentine, former vice president of development and alumni relations began after a complaint was filed on May 24, according to Freedom of Information Act (FOIA) files obtained by the Western Herald. 1 of 2 2/21/25, 7:33 vice president resigns after sexual harassment investigation, deletes social media | | westernherald.com 1/3 The University\u2019s Office of Institutional Equity (OIE) sent Terrentine a letter on June 29 detailing their findings related to alleged allegations under WMU\u2019s Sexual and Gender Based Harassment and Violence, Intimate Partner Violence and Stalking Policy. After reviewing evidence, the University \u201cconcluded that there is sufficient evidence to support a finding of responsible for Sexual Harassment,\u201d said the report. The harassment did not involve any students or minors, according to NewsChannel 3. Terrentine has since resigned, and the University has launched a nationwide search to find his replacement, according to a July 9 News release. Terrentine\u2019s Facebook and Twitter accounts have been deleted, though the former vice president frequented the latter platform. His account was tagged by other Twitter users as recently as June 20. 2/21/25, 7:33 vice president resigns after sexual harassment investigation, deletes social media | | westernherald.com 2/3 His profile on LinkedIn, where he is still listed as a employee, remains active. Terrentine has not responded to a Western Herald request for comment. Terrentine began at the University on Aug. 22, 2016, after serving as an executive vice president at economic development organization Southwest Michigan First, according to personnel files. Terrentine earned a yearly salary of $275,000 settlement agreement signed by Terrentine and President Montgomery showed a lump payment of $71,528 from the University, and continued health benefits until Oct. 1. In his resignation letter, Terrentine thanked the University for the opportunity to serve his alma mater look forward to cheering you and the University family on as pursue new professional and personal opportunities for positive impact,\u201d he wrote. Renee Pearl, current director of engagement, will serve as the interim vice president as the University conducts a search for Terrentine\u2019s replacement. University Relations declined to comment on Terrentine\u2019s resignation, but said that the search to replace him is in its \u201cvery early stages.\u201d 2/21/25, 7:33 vice president resigns after sexual harassment investigation, deletes social media | | westernherald.com 3/3", "7912_104.pdf": "All Access + the daily online newspaper \u2013 Start today for $1 Advertisement Michigan\u2019s Best Breweries, IPA\u2019s and More Find and taste the best beer Michigan has to offer. Photo galleries, stories and more. MLive.com Western Michigan vice president resigns after sexual harassment probe Published: Jul. 20, 2018, 2:45 p.m. Tim Terrentine, former vice president for development and alumni relations spoke at a (Sharing Time and Resources) Celebration April 27. (Mark Bugnaski) Subscribe By Kayla Miller | [email protected] -- The resignation of one of Western Michigan University's vice presidents came just days after the school notified him an investigation into a May complaint had confirmed sexual misconduct. Tim Terrentine, former vice president of development and alumni relations, resigned July 9 from his position with WMU. His resignation came in the wake of a sexual misconduct investigation by the Office of Institutional Equity that found \"sufficient evidence to support a finding of responsible for sexual harassment,\" according to documents provided to MLive/Kalamazoo Gazette through the Freedom of Information Act. The investigation was sparked by a May 24 complaint filed over allegations prohibited under a university policy titled \"sexual and gender-based harassment and violence, intimate partner violence and stalking police,\" according to the documents. The results of the investigation were sent to Terrentine in an email on June 29. The university uses a \"preponderance of the evidence\" standard for sexual misconduct investigations, which must show that \"it is more likely than not, the alleged misconduct occurred,\" the document states. Findings of the investigation were submitted to President Edward Montgomery, the document stated. Why is Tulsi Gabbard Trump's most controversial intel pick In a letter of resignation sent to Montgomery, Terrentine thanked him for the opportunity to serve his alma mater for two years have served alongside some excellent colleagues and have had so many opportunities to grow and develop in ways that are unexplainable,\" the letter reads. University spokesperson Paula Davis said the allegations did not involve any students or minors declined to grant MLive's request for additional documents related the investigation, citing privacy policies safe and supportive culture is of paramount importance at WMU,\" Davis said in an email. \"Sexual harassment is not tolerated here. Protecting the privacy of those who come forward is crucial to ensuring that people continue to feel safe coming forward and that those who do avoid any negative repercussions.\" The university announced a search for a new vice president of development and alumni relations in a July 9 news release, which also announced the appointment of Director of Engagement Renee Pearl to Terrentine's former position on an interim basis. Terrentine's separation agreement with the university, signed by Terrentine and Montgomery on July 9, outlines a lump sum payment of $71,528. The payment was to \"provide assurance that the University could move forward expeditiously and avoid the prospect of protracted disagreement or litigation,\" Davis said. The former vice president's salary was $286,110, according to his resignation documents, meaning the lump sum paid as part of the separation agreement adds up to three months of Terrentine's salary. The university also agreed to pay for Terrentine's health benefits until Oct. 1, but will cease other benefits, the agreement said Ex-Detroit area high school basketball coach charged with sexual assaulting former student Feb. 18, 2025, 6:51 a.m. $20M cut at as Trump administration slashes education grants Feb. 18, 2025, 10:11 a.m. Prior to his time at Western, Terrentine served as executive vice president of Southwest Michigan First. He also previously held leadership roles with the Kalamazoo Regional Chamber of Commerce in 2012, the Douglass Community Association from 2006 to 2010 and was also a member of the Homer Stryker M.D. School of Medicine Board of Directors from 2013 to 2016. He was hired by in July 2016. Terrentine could not be reached for comment. If you purchase a product or register for an account through a link on our site, we may receive compensation. By using this site, you consent to our User Agreement and agree that your clicks, interactions, and personal information may be collected, recorded, and/or stored by us and social media and other third-party partners in accordance with our Privacy Policy. About Us Contact Us Jobs at MLive MLive Media Group Our Team Advertise with us Accessibility Statement Subscriptions MLive.com Newsletters The Ann Arbor News The Bay City Times The Flint Journal The Grand Rapids Press Jackson Citizen Patriot Kalamazoo Gazette Muskegon Chronicle The Saginaw News Already a Subscriber Manage your Subscription Place a Vacation Hold Make a Payment Delivery Feedback MLive Sections Jobs Autos Real Estate Rentals Classifieds News Business Sports Advice High School Sports Betting Life Opinion Obituaries Your Regional News Pages Saginaw Jackson Kalamazoo Muskegon Ann Arbor Bay City Flint Grand Rapids Mobile Mobile apps More on MLive Video Weather Post a job Archives Classifieds Sell your car Sell/Rent your home Sponsor Content Follow Us Twitter Facebook YouTube | Privacy Policy | User Agreement | Ad Choices Use of and/or registration on any portion of this site constitutes acceptance of our User Agreement, (updated 8/1/2024) and acknowledgement of our Privacy Policy, and Your Privacy Choices and Rights (updated 1/1/2025). \u00a9 2025 Advance Local Media LLC. All rights reserved (About Us). The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. Community Rules apply to all content you upload or otherwise submit to this site. YouTube's privacy policy is available here and YouTube's terms of service is available here. Ad Choices", "7912_105.pdf": "official resigns after harassment investigation Associated Press Published 9:20 a.m July 21, 2018 Kalamazoo high-ranking official at Western Michigan University resigned after a sexual- harassment investigation. Documents released Friday by said there was \u201csufficient evidence\u201d to support a finding of harassment against Tim Terrentine. He resigned July 9 as vice president of development and alumni relations. No details were released spokeswoman Paula Davis says the allegations didn\u2019t involve students. Terrentine couldn\u2019t be reached for comment. No home phone number is listed. In his resignation letter, Terrentine thanked the university for an opportunity to work there for two years. The letter made no reference to the allegations. Terrentine\u2019s salary was $286,000. He has two degrees from WMU. 2/21/25, 7:33 Western Michigan University official resigns after harassment investigation 1/1"} |
8,999 | Arthur White | California Polytechnic State University | [
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] | {"8999_101.pdf": "Cal Poly jazz director resigned after sexual harassment allegations. It\u2019s not the first time By Mackenzie Shuman Updated September 27, 2023 10:02 $1.99 1 Gain unlimited access to our exclusive stories Log In | Subscribe 2/21/25, 7:34 Cal Poly professor resigns amid sexual harassment allegations | San Luis Obispo Tribune 1/16 Trigger warning: This story contains depictions of sexual harassment and assault. Cal Poly\u2019s director of jazz studies left the university this spring after a student filed a sexual harassment complaint against him \u2014 and it wasn\u2019t the first time the professor has moved from one college to another under accusations of improper behavior. Arthur White, who was hired in August as an associate dean at his alma mater, Emporia State University in Kansas, is being investigated by Cal Poly\u2019s Civil Rights and Compliance Office under Title IX, according to Danna Dumandan, the student who filed the complaint against him. Arthur White resigned as director of jazz studies at Cal Poly after a graduating student filed allegations of sexual harassment with the university. Courtesy of Cal Poly 2/21/25, 7:34 Cal Poly professor resigns amid sexual harassment allegations | San Luis Obispo Tribune 2/16 Title is the federal civil rights law that protects against discrimination based on sex. Individuals can file complaints with a university under Title if they feel they\u2019ve been the victim of gender-based harm such as sexual harassment and sexual violence decade ago, White also left his teaching position at the University of Missouri after at least two students there accused him of sexual harassment and assault. Cal Poly would not confirm whether it was investigating White, but spokesman Matt Lazier said he resigned from his position at the university on June 22 after being employed there since 2018. White\u2019s employment at his new university lasted only six weeks, and he resigned from Emporia State on Sept. 22, according to the university\u2019s general counsel, Steven Lovett. After working closely with Dumandan at Cal Poly, a now-graduated music major, White allegedly made sexual remarks to her, confessed his feelings of love for her and later stalked her on campus during the spring 2023 quarters, she said. \u201cThis man, he cannot be in education anymore,\u201d Dumandan told The Tribune. \u201cHe\u2019s done this to too many students, to too many people.\u201d The Tribune spoke to the two other former music students who said they had been sexually harassed and assaulted by White. 2/21/25, 7:34 Cal Poly professor resigns amid sexual harassment allegations | San Luis Obispo Tribune 3/16 Taryn Gervais and Puckmaren Glass took music classes from White while he was employed at the University of Missouri, or Mizzou for short. Gervais said she was harassed and groped by White in 2013, while Glass, who goes by they/them pronouns, said they were harassed and assaulted by him in 2016. After a complaint about White\u2019s behavior was lodged by Glass, Mizzou opened a Title investigation, Glass said, and Gervais said she was interviewed as part of that investigation. Glass was never informed of the results of the Mizzou Title investigation, they said. White was no longer employed at Mizzou as of Oct. 6, 2016, according to university spokesman Christian Basi. He was hired at the university on Aug. 16, 2009, Basi told The Tribune. \u201cWhen was at Mizzou and he was ultimately not there anymore was like, amazing, this is never going to happen again,\u201d Glass said. \u201cBut how is he still doing this thought the whole point of me going through 13 months of a Title process was so that it would never happen again. How are we here?\u201d The Tribune reached White via phone, but he hung up upon learning the caller was a reporter. He then did not respond to text messages or emailed requests for 2/21/25, 7:34 Cal Poly professor resigns amid sexual harassment allegations | San Luis Obispo Tribune 4/16 comment. However, an attorney for White, Don Peterson at the law firm Graybill & Hazlewood in Wichita, sent a letter to The Tribune requesting the story not run while the ongoing Title investigation at Cal Poly is underway. \u201cWhite had no inappropriate relationship with Ms. Dumandan,\u201d Peterson wrote. Cal Poly may not have known about White\u2019s past Whether Cal Poly was aware of the Title investigation at Mizzou when the university hired White is unclear. \u201cThere is not a guarantee that a background check would inform the university of a Title matter in a candidate\u2019s previous employment,\u201d Cal Poly spokesman Matt Lazier wrote in an email to The Tribune. Lazier added that the university could not comment specifically on White\u2019s case because of privacy reasons. Dumandan, Glass and Gervais said they worried about students where White was employed after Cal Poly \u2014 Emporia State University \u2014 because after the three learned of each other\u2019s stories, their experiences sounded all too familiar. \u201cIt\u2019s obviously habitual behavior,\u201d Gervais said. \u201cI\u2019m certain that we\u2019re not the only ones.\u201d 2/21/25, 7:34 Cal Poly professor resigns amid sexual harassment allegations | San Luis Obispo Tribune 5/16 Cal Poly student alleges sexual harassment White was hired at Cal Poly in the fall of 2018 as the new director of jazz studies. Dumandan, who came to Cal Poly in 2019 as a voice major and wants to pursue a career as a music teacher, said she loved spending time in the music building at the university \u2014 it was basically her second home. White served as her adviser, and she built a close working relationship with the professor while taking classes and private lessons with him, a common practice for Cal Poly music students, she said. It wasn\u2019t until her final year that things escalated, Dumandan said. At a jazz concert in the fall of 2022, Dumandan said White told her she looked \u201chot\u201d in the dress she was wearing for the performance. He then later asked if she was going to wear the same dress again for future concerts, she said. The comments about her appearance and body continued throughout the year, she said, but Dumandan dismissed or ignored them because they made her uncomfortable and she wasn\u2019t sure how to respond. On May 26, Dumandan had her last jazz concert for Cal Poly. White had given her a solo during a love song, and Dumandan said he told her he couldn\u2019t look her in the eye while she sang, which made her uncomfortable. 2/21/25, 7:34 Cal Poly professor resigns amid sexual harassment allegations | San Luis Obispo Tribune 6/16 Then, later that same week, Dumandan was in White\u2019s office for a private lesson when he confessed his love for her, she said thought it was a joke because he\u2019s like a very raunchy type of guy,\u201d Dumandan said. The next week, she went to White\u2019s office to say goodbye because her last choir concert for Cal Poly was the next weekend. During that visit, White again professed his love for Dumandan, she said, and added that he hoped she wouldn\u2019t say anything because she \u201chad enough information to fire him.\u201d On June 4, Dumandan performed in a final choir concert for Cal Poly. After the concert, Dumandan said White went backstage to look for her, demanding her friends tell him where she was. Then, her friends later spotted him standing outside of the Performing Arts Center and later at the parking garage, apparently waiting for Dumandan to leave, she told The Tribune. The next day, Dumandan met with Alicia Doyle, Cal Poly\u2019s music department chair, and told her everything. Doyle informed Dumandan that she had to report the information to Title IX, Dumandan said. Dumandan then spoke with the Cal Poly Civil Rights & Compliance Office, which opened a Title investigation, she said. 2/21/25, 7:34 Cal Poly professor resigns amid sexual harassment allegations | San Luis Obispo Tribune 7/16 Over the remaining days until her graduation, Dumandan said she felt unsafe on campus while White was there. She said she would hide when she saw him approaching or heard his voice. After Dumandan spoke with Doyle about her safety concerns, the music department apparently prohibited White from being on campus the final two weeks of the quarter, Dumandan said. Meanwhile, White apparently told people in the San Luis Obispo and Cal Poly community that Dumandan had \u201cflipped the script,\u201d saying that she was the one who had confessed her feelings of love for him, Dumandan told The Tribune. \u201cIt was like he was trying to ruin her reputation,\u201d said a music department faculty member who requested to remain anonymous because of the ongoing Title investigation. Attorney says professor denies student\u2019s allegations Although White did not respond to Tribune requests for comment, an attorney representing him sent a letter to The Tribune on Sept. 19 saying White \u201cvehemently denies\u201d Dumandan\u2019s allegations. \u201cHe insists he never had romantic feelings for Ms. Dumandan and never said that he did,\u201d the letter said. 2/21/25, 7:34 Cal Poly professor resigns amid sexual harassment allegations | San Luis Obispo Tribune 8/16 \u201cHer version of events does not include any touching,\u201d it continued. \u201cShe does not claim he asked her to do anything. Her version does not state he stated any intent to do anything. \u201cHer version is that he expressed feelings and that this alone caused her emotional trauma and fear,\u201d the letter added suppose this is possible, but it is hardly plausible, especially considering the quarter was essentially over.\u201d The letter notes that there was no evidence of any romantic feelings expressed by White to Dumandan through electronic communications. \u201cIf Dr. White really did have the kind of romantic feelings Ms. Dumandan claims, and lacked the ability to keep them to himself, one would expect there to be some hint of it in their electronic communications,\u201d the letter said. \u201cHe communicated with her and other students by email and text message. There are no such communications even hinting at any such romantic feelings by Dr. White.\u201d Former Mizzou student says she was groped, harassed by music professor The experiences reported by Dumandan followed a similar pattern to the accounts shared by the former University of Missouri students. Gervais, now a high school choir director in Kansas, said White was quick to become \u201ccasual\u201d with students and would often share personal information unprompted. 2/21/25, 7:34 Cal Poly professor resigns amid sexual harassment allegations | San Luis Obispo Tribune 9/16 While she was at Mizzou in 2013, Gervais said White\u2019s remarks to her and other women in the jazz band quickly escalated to verbal sexual harassment. She recounted an incident where he commented on her legs while she was wearing a skirt, noting that \u201cif had legs that great, I\u2019d wear that skirt, too,\u201d Gervais told The Tribune. \u201cIt just progressed,\u201d she added. \u201cThe things that he would say ... he was just kind of like a loose cannon.\u201d Gervais said White asked her about her sex life with her boyfriend at the time, referred to her as his \u201cgirlfriend\u201d and said he wanted to leave his wife but couldn\u2019t because he has a child. At a jazz conference in Chicago in December 2013, Gervais said she and a few other students went out to eat one night, and White invited himself along. After a few drinks, White apparently insisted he buy Gervais a drink, she said. While ordering at the bar, White allegedly told Gervais he couldn\u2019t \u201chelp looking at your hot ass,\u201d she said. White then proceeded to grab Gervais\u2019s waist and brush up close to her, she told The Tribune. 2/21/25, 7:34 Cal Poly professor resigns amid sexual harassment allegations | San Luis Obispo Tribune 10/16 After telling a friend and adviser about the incident with White, Gervais reported it to the university\u2019s then-ethics department, which has since evolved into the Office of Institutional Equity. Gervais also stopped taking private lessons with White, although she had to take other classes with him to finish her degree, she said. Second Mizzou student alleged sexual misconduct by White Less than two years after Gervais filed with the ethics department at Mizzou, Glass said they were also a victim of sexual harassment and assault by White. Glass said there were several small things White did during class to make them uncomfortable, such as making heart signs with his hands at them across the room, but they didn\u2019t think much of it at the time. On a night in February 2016, Glass and the rest of their jazz improvisation class went to a local bar to play gigs, they said. \u201cAt that event, he put his hands on the inside of my thigh and he whispered in my ear that he wanted to take me home and things of that nature,\u201d Glass told The Tribune. The next morning, Glass filed a Title complaint with Mizzou. \u201cMy first words to Title were don\u2019t want him to be fired just don\u2019t want this to happen again,\u2019\u201d Glass said. After the Title complaint was filed, Glass said White proceeded to stalk them on campus. Glass said there were several times when they hid from White, afraid 2/21/25, 7:34 Cal Poly professor resigns amid sexual harassment allegations | San Luis Obispo Tribune 11/16 of what would happen should they encounter him face to face. Then, Glass said, White proceeded to tell people on campus that the claims Glass was alleging against him were lies and that Glass was the person that came onto him. He then allegedly opened a Title investigation into Glass, they told The Tribune. In the final several months before White resigned from Mizzou in October 2016, White reportedly had to be escorted by the dean and campus police while he was on campus, Glass told The Tribune would get a notification so that could not be on campus because we couldn\u2019t be in the same space,\u201d Glass said. \u201cIt makes for a very stressful learning environment, not only because was put in a position that should not have been put in as a student, but also because when something like Title is happening, it\u2019s an awful experience for everybody.\u201d Glass, who is currently in rabbinical school in New York City, was not notified of the results of either Title investigation, they said. After Cal Poly, White was hired at Emporia State University in Kansas White separated from Cal Poly on June 22, six days after final exams ended, according to Lazier, the university\u2019s spokesman. He was then hired as Emporia State University\u2019s assistant dean of the School of Visual and Performing Arts on Aug. 6 before resigning less than two months later. 2/21/25, 7:34 Cal Poly professor resigns amid sexual harassment allegations | San Luis Obispo Tribune 12/16 Dumandan said she was informed that the Title preliminary investigation report at Cal Poly is scheduled to be completed by the end of September. In the meantime, she and several Cal Poly music students sent a letter to the Emporia State University music department. \u201cThis man manipulated the trust students should have in their professors,\u201d the Aug. 17 letter reads. \u201cMany people saw him as a mentor, but were betrayed when he decided to express his romantic feelings for a student in a private lesson, behind closed doors, two weeks before her college graduation. \u201cNo student should have to endure this throughout their education, especially from the professor,\u201d the letter continued. \u201cShe is lucky that this betrayal was only verbal, because who knows if he would have tried to go further.\u201d In her own, separate letter to the Emporia State University music department, Dumandan detailed her accusations of sexual harassment and stalking against White, noting that the allegations were also filed with Cal Poly in the Title investigation. \u201cThis has been so extremely painful to deal with,\u201d she wrote truly just ask \u2014 please do not let another student go through the same thing.\u201d Emporia State University\u2019s director of media relations Gwendolynne Larson responded to The Tribune\u2019s questions about whether the university knew about previous Title investigations involving White saying only that the university \u201cdoes not comment on personnel matters.\u201d If you or someone you know are a survivor of sexual assault, you can call the National Sexual Assault Telephone Hotline at 800-656-4673. The hotline offers a 2/21/25, 7:34 Cal Poly professor resigns amid sexual harassment allegations | San Luis Obispo Tribune 13/16 range of free services including confidential support from a trained staff member, help finding a local health facility, legal and medical advice and referrals for long- term support. Support and resources are also available through Lumina Alliance at luminaalliance.org or Cal Poly Safer at safer.calpoly.edu. This story was originally published September 26, 2023 at 11:08 AM. Want to see more content like this? Tribune Afternoon Headlines Stay updated with the latest County news from The Tribune, sent to your inbox at 4 p.m. daily By submitting agree to the Privacy Policy and Terms of Service New Cal Poly students arrive for move-in \u2014 with the most living on campus ever September 14, 2023 4:04 \u2018He ruled by fear\u2019: Head coach of Cal Poly swim and dive team on leave, under investigation September 14, 2023 10:42 Mackenzie Shuman The Tribune 805-781-7844 Mackenzie Shuman primarily writes about County education and the environment for The Tribune. She\u2019s originally from Monument, Colorado, and graduated from Arizona State University\u2019s Walter Cronkite School of Journalism and Mass Communication in May 2020. When not writing, Mackenzie spends time outside hiking and rock climbing. 2/21/25, 7:34 Cal Poly professor resigns amid sexual harassment allegations | San Luis Obispo Tribune 14/16 Part of the McClatchy Media Network Take Us With You Real-time updates and all local stories you want right in the palm of your hand Start a Subscription Customer Service Edition Vacation Hold Pay Your Bill About Us Contact Us Newsletters Archives Personal Finance McClatchy Advertising Place an Ad Place a Classified Ad Place an Ad - Celebrations Place an Obituary Staffing Solutions Political | Advocacy Advertising 2/21/25, 7:34 Cal Poly professor resigns amid sexual harassment allegations | San Luis Obispo Tribune 15/16 2/21/25, 7:34 Cal Poly professor resigns amid sexual harassment allegations | San Luis Obispo Tribune 16/16", "8999_102.pdf": "Former Director of Jazz Studies Arthur White resigned from Cal Poly after multiple allegations over sexual misconduct arose during the 2022- 23 academic year. Cal Poly Music Department Cal Poly Director of Jazz Studies resigns after alleged sexual misconduct, revealing past infractions by Carly Heltzel September 27, 2023 Editors note: This is a developing story and will be updated as more information becomes available. 2/21/25, 7:34 Cal Poly Director of Jazz Studies resigns after alleged sexual misconduct, revealing past infractions - Mustang News 1/3 Former Director of Jazz Studies Arthur White resigned following student allegations of sexual harassment spanning the 2022-23 school year, according to an article published Tuesday by The Tribune. The story divulged multiple accusations of White\u2019s sexual misconduct during his tenure at the University of Missouri prior to his hiring at Cal Poly in 2018. Graduate student Danna Dumandan said she filed the complaint against him toward the end of spring quarter last year after White allegedly called her \u201chot\u201d among other comments about her body and professed his love for her, according to the Tribune. \u201cThis man, he cannot be in education anymore,\u201d Dumandan told The Tribune. \u201cHe\u2019s done this to too many students, to too many people.\u201d Dumandan informed the Tribune that White is being investigated by Cal Poly\u2019s Civil Rights and Compliance Office under Title IX. University spokesperson Matt Lazier told Mustang News the university cannot comment on or acknowledge specific Title complaints or investigations to protect the privacy of those involved. Lazier confirmed to The Tribune that White resigned from his position on June 22. Multiple students at the University of Missouri accused him of sexual harassment and assault following inappropriate comments and touching, including placing his hands on one of the students inner thighs and telling them he wanted to take them home. At both universities, the students involved told the Tribune that White denied allegations and told those around him that it was the students who had been inappropriate with him. In Missouri, he allegedly went as far as opening a Title investigation into the student, the Tribune reported. After resigning from Cal Poly, White was hired by Emporia State University as the assistant dean of the School of Visual and Performing Arts on Aug. 6. On Aug. 17, Dumandan, alongside several other Cal Poly music students, wrote a letter to Emporia State University music department urging them to protect their students. Dumandan also wrote a separate letter detailing her personal experiences. Less than two months after his hiring he left Emporia on Sept. 22. Cal Poly conducts background checks before hiring candidates, but it ultimately doesn\u2019t have control over what previous employers can or cannot disclose, Lazier wrote in an email to Mustang News. He added that open investigations and past supervisors being unaware of the circumstances could potentially lead to a background check not revealing Title matters in a candidate\u2019s past. 2/21/25, 7:34 Cal Poly Director of Jazz Studies resigns after alleged sexual misconduct, revealing past infractions - Mustang News 2/3 \u00a9 2025 Copyright 2022 Mustang Media Group. All rights reservedPowered by Newspack The university provides multiple channels to report sexual misconduct and offers support to campus community members affected by sexual assault including through SAFER, individual counseling and educational programming during orientation and throughout the year, Lazier wrote. \u201cWhile we believe strongly in the efficacy of our Title programming, we also recognize the need for continual examination and improvement,\u201d Lazier wrote. \u201cThis is an ongoing process for the university, as well as for the CSU.\u201d Dumandan told the Tribune that she was informed that by the end of September the Title preliminary investigation report at Cal Poly will be available. \u201cSexual misconduct has no place on Cal Poly\u2019s campus,\u201d Lazier wrote. If you or someone you know has experienced sexual harassment or assault, please consult information about Cal Poly\u2019s Title program at More resources such as confidential support are available at Cal Poly\u2019s Safer program website here: 2/21/25, 7:34 Cal Poly Director of Jazz Studies resigns after alleged sexual misconduct, revealing past infractions - Mustang News 3/3", "8999_103.pdf": "not-the-first/article_cadb3cc0-6eb7-11ee-8281-27e8b3397551.html assistant dean resigns amid public outcry of sexual harassment. It\u2019s not the first time Maddie Carr Oct 19, 2023 Emporia State Alum Arthur White performs at Albert Taylor Hall for the Emporia State University Jazz Alumni Reunion Weekend on April 30, 2023. Photo Provided By The Emporia Gazette Arthur White abruptly resigned from his position as the Assistant Dean of the School of Visual and Performing Arts at Emporia State on Sept. 22, one month and one day after classes at began. 2/21/25, 7:34 assistant dean resigns amid public outcry of sexual harassment. It\u2019s not the first time | News | esubulletin.com 1/5 White signed his contract with on June 14 and contractually agreed to a three-year term with the university beginning on Aug 6, 2023, and ending around mid-June 2026. Instead, his time with the university ended only six weeks after it began. This is not the first time White has abruptly left his place of employment. Before working at ESU, White was employed at California Polytechnic State University in San Luis Obispo as a tenure-track Assistant Professor of Music and later as the Director of Jazz Studies. White was employed at the university from Sept. 12, 2019 to his official resignation on June 22, 2023. Before his resignation, a Title investigation was opened into White by the Civil Rights and Compliance Office at Cal Poly for his alleged sexual harassment and stalking of Danna Dumandan, a now-graduated music major and one of White\u2019s former students of four years. The sexual harassment alleged by Dumandan took place at Cal Poly during the fall quarter of 2022 through the winter and spring quarters of 2023, according to official documents by the Civil Rights and Compliance Office obtained by The Bulletin. In an interview with The Bulletin, Dumandan stated White made comments that made her uncomfortable, such as \u201cyou look hot in that dress\u201d and claimed his love for her. While uncomfortable, Dumandan initially thought the comment about White being in love with her was a joke. Later, he doubled down on his statement. \u201cHe\u2019s like \u2018well it\u2019s true,\u2019 like \u2018every time see you want to kiss you,\u2019 and \u2018I\u2019m jealous of your boyfriend\u2019 and all this stuff and was like \u2018excuse me?\u2019\u201d Dumandan said literally just sat there in silence, because had no idea what to say.\u201d The documents also allege White engaged in stalking behavior toward Dumandan on June 4 after the Spring Concert. In a letter written on behalf of White from his attorney, Donald N. Peterson II, obtained by The Bulletin, White denies the allegations against him made by Dumandan. \u201cDr. White had no inappropriate relationship with Ms. Dumandan\u2026he insists he never had romantic feelings for Ms.Dumandan and never said that he did,\u201d the letter said. 2/21/25, 7:34 assistant dean resigns amid public outcry of sexual harassment. It\u2019s not the first time | News | esubulletin.com 2/5 This is not the only time White has been implicated in such behaviors. White became employed at the University of Missouri in 2009 as an Assistant Professor of Jazz Studies and later became the director of the program according to his website. On Oct. 6 2016, White\u2019s contract with the university was terminated upon his resignation with the reasoning cited as \u201cpersonal.\u201d In the 2016 spring semester, Puck Glass, a Masters student in the music performance program and specializing in percussion, filed a Title report detailing their sexual assault by White. In late February or early March, Glass and a few of their classmates, along with White, were performing at The Bridge, a now-closed local bar in Columbia, Missouri. After the performance, Glass said White \u201cput his hand on the inside of my thigh\u201d and \u201cwhispered to me that he wanted to take me home.\u201d \u201c(It was) absolutely crossing the line of unwanted,\u201d Glass said. After their report, White was removed from the campus and escorted on to the premises when he arrived on campus by the Dean of Students and security, said Glass. Glass also said the subsequent investigation into White prompted White to counter-report in denial of their claims two months later, saying that it was Glass who came onto him. However, Glass\u2019 own report brought forward another victim of White\u2019s alleged harassment: Taryn Gervais. Gervais attended from August 2013 to May 2015 as a Master\u2019s student pursuing a graduate degree in Vocal Jazz. White was the primary professor for most of her courses, including for the private lessons required of her degree. Gervais said in an interview with The Bulletin that White made comments that made her uncomfortable such as calling her his girlfriend in conversation with one of Gervais\u2019 colleagues, saying to Gervais \u201cyou are a very attractive woman with great talent,\u201d and can\u2019t help looking at your hot ass.\u201d In August, after hearing about his new job at ESU, Dumandan wrote to faculty members of the music program in the School of Visual and Performing Arts. In the letter dated Aug. 13, 2023, Dumandan detailed her experience with White and urged the faculty in the music program to take action to prevent White from targeting students. 2/21/25, 7:34 assistant dean resigns amid public outcry of sexual harassment. It\u2019s not the first time | News | esubulletin.com 3/5 \u201cHe should not be allowed to teach, period. Especially since this is a pattern, and am probably not the only one,\u201d she said in the letter. \u201c...This has been so extremely painful to deal with truly just ask \u2014 please do not let an Emporia student go through the same thing.\u201d According to White\u2019s notice of resignation, the university and White \u201cmutually agree that it is in the interest of both parties for the Employee to resign from his employment.\u201d However, there is no explicit statement pertaining to the reasons for White\u2019s resignation. \u201cCircumstances involving any employee\u2019s resignation are typically confidential and cannot be shared without that former employee\u2019s express permission,\u201d said Director of Media Relations Gwen Larson in an email. \u201cThis is the case with Dr. White\u2019s resignation, so we are unable to provide any information about that.\u201d The allegations against White certainly raise alarm, and with faculty deemed \u201cresponsible employees,\u201d or mandated reporters, it is likely that the allegations against White were brought to university higher-ups once received by music faculty. But why didn\u2019t the university\u2019s hiring practices uncover the allegations against White in the first place? The answer to that is unclear and hiring policies don\u2019t exactly get into the specifics. According to university policy procedures, Human Resources is \u201cultimately responsible for appropriate background checks on candidates for employment and works with the hiring department to ensure verifications are performed.\u201d Additionally, Human Resources \u201cwill make the determination based on a direct relationship to position duties of whether a particular position requires a background check and the nature and scope of such verification.\u201d Background checks cannot be conducted on candidates who \u201care not extended an offer of employment,\u201d but initial screenings, employment, education, and reference checks are conducted on all candidates. Per the policy manual \u201cprohibits all forms of discrimination including all types of harassment, sexual violence, and all other types of violence.\u201d Moreover, it goes on to say that \u201cRetaliation against an individual for making a complaint of sexual harassment is also considered to be sex discrimination and is therefore likewise illegal.\u201d 2/21/25, 7:34 assistant dean resigns amid public outcry of sexual harassment. It\u2019s not the first time | News | esubulletin.com 4/5 Maddie Carr Editor-in-chief These harassment, sexual violence, and discrimination policies also apply to prospective employees of the university, something explicitly stated in section 3D.0106 of the the University Policy Manual: \u201cThis policy applies to employees, students, applicants for employment or admission, contractors, vendors, visitors, guests, and participants in University sponsored programs or activities, both on and off campus.\u201d The university holds that it was unaware of any previous allegations against White or investigations into his behavior during the hiring process. \u201cThe university can confirm it did not have knowledge of any sexual harassment allegations, or any related investigations, at the time Dr. White was hired,\u201d Larson said. This means that any screenings into White\u2019s past likely did not raise the issue. There is no federal law requiring universities to disclose the sexual misconduct of their former employees to a prospective employer. \u201cNo set of hiring practices or procedures are perfect or exhaustive,\u201d Larson said in another email. \u201c...although considered a best practice, reference checks generally provide limited, or highly subjective or incomplete, information. Most organizations do not release information regarding reports of, investigations into or even findings of employee misconduct as part of the reference check process.\u201d As of now does not plan to change any of their hiring policies or procedures. However the university \u201cregularly evaluates and updates hiring practices based upon internal and external needs and requirements.\u201d 2/21/25, 7:34 assistant dean resigns amid public outcry of sexual harassment. It\u2019s not the first time | News | esubulletin.com 5/5", "8999_104.pdf": "\u00a9 2025 Copyright 2022 Mustang Media Group. All rights reservedPowered by Newspack arthurwhite Former Director of Jazz Studies Arthur White resigned from Cal Poly after multiple allegations over sexual misconduct arose during the 2022- 23 academic year. Cal Poly Music Department 2/21/25, 7:34 arthurwhite - Mustang News 1/1", "8999_105.pdf": "Arthur White Related: Former chancellor Joseph Castro resigns from Cal Poly San Luis Obispo <- Previous article Elderly bicyclist dies after Arroyo Grande Next article -> Scientist to report on Oceano Dunes Director of jazz studies at Cal Poly accused of sexual harassment, resigns September 26, 2023 By Following student allegations of sexual harassment in the spring, Cal Poly\u2019s director of jazz studies resigned his position. An investigation into the allegations is ongoing. [Tribune] Multiple Cal Poly students accused Arthur White of sexual misconduct that included professing his love, stalking and making sexual comments. While the students lodged a complaint in the spring, White resigned on June 22. White has a history of resigning amid allegations of sexual misconduct. In 2016, several students at the University of Missouri accused White of sexual harassment and assault. After leaving that position, White started at Cal Poly in 2018. In August, White started a new job as an associate dean at Emporia State University in Kansas. He resigned that position on Sept. 22. Subjects: Arthur White Cal Poly sexual harassment Sponsored Links Sponsored Links Search Cal Coast News.Com Search Sponsored Links Recent And Most Commented Recent topics Most viewed Most commented Delving Into The Untold Aspects Of Melania Trump's Persona Herbeauty Is She An Admirable Girl? Here Are 10 Signs To Tell Herbeauty The Videos Of Hillary Clinton That Stunned Everyone Buzz Day Home Uncovered Daily Briefs Discovered Sales and Deals Opinion Eye on the Coast Login Share Your Opinion Subscribe Advertise Search Tips Newsletter 2/21/25, 7:34 Director of jazz studies at Cal Poly accused of sexual harassment, resigns 1/3 Cal Poly graduate accused of sexual misconduct Disgraced former chancellor to teach at Cal Poly Cal Poly professor accused of misconduct County official resigns amid sexual harassment allegations San Luis Obispo County supervisor accused of sexual misconduct crash despite Gibson, Paulding\u2019s objections The comments below represent the opinion of the writer and do not represent the views or policies of CalCoastNews.com. Please address the Policies, events and arguments, not the person. Constructive debate is good; mockery, taunting, and name calling is not. Comment Guidelines 11 Last Individual 09/27/2023 7:24 am Wait!!! We had a director of jazz studies? 10 copperhead 09/27/2023 5:29 am It\u2019s called a google search employers. Use it! 13 mullyman 09/26/2023 7:39 pm These are the people teaching are kids even in the lower grades and due to the Teachers Union you can\u2019t fire the bad teachers and they make a deal to quit if the schools don\u2019t tell on them so they continue on their sick ways !!! When you hide this info all you do is protect the sicko 6 Adam Trask Reply to 09/27/2023 4:54 pm College professors are not unionized. 0 Slosb33 Reply to 09/29/2023 5:07 pm That\u2019s not true. The faculty union is California Faculty Association: 2 obispan 09/26/2023 6:45 pm Sounds like Emporia State University figured it out. When a resignation deal is made the two caveats are won\u2019t sue you and you will disclose none of my personnel records, in which case can and will sue you. As a former manager got some training. For references, you can answer only questions Popular Today Paso Robles woman charged in gruesome animal cruelty case San Luis Coastal School District cuts some positions, not enough San Luis Obispo officers seek help identifying thieves Cal Poly San Luis Obispo is highest priced Cal State university Reckless driver crashes Corvette into home in San Luis Obispo Caregiver allegedly rips off San Luis Obispo man, arrested Cal Poly student advisor sentenced to prison for sexual assault, burglary Dirty details on the 48% Santa Barbara County Supervisor raises Conflicts of interest, mismanagement at County agency Pismo Beach fire damages apartment building, displaces six people Team Editor Bill Loving Reporter Karen Velie, (805) 234-1703 Reporter Josh Friedman Founder Daniel Blackburn Reporter Ben Di Gugliemo Be part of the news. Send pics, videos and tips to CCN. Tip Your Team [email protected] Advertise [email protected] Moderator [email protected] Site Issues [email protected] CalCoastNews CalCoastNews 18,009 followers 18,009 followers Follow Page Share Connect with us! mullyman Adam Trask 2/21/25, 7:34 Director of jazz studies at Cal Poly accused of sexual harassment, resigns 2/3 regarding period of employment, job description, compensation, and whether the person would be eligible for rehire. You can say \u201cno\u201d to the last question but cannot say why. 7 GrayGranny2010 09/26/2023 6:41 pm This story is troubling and it appears he has victims in a few states. He is a sly one resigning from positions before he can be terminated thus leaving a clean path for future employment. 11 kayaknut 09/26/2023 3:21 pm Another educator with a hidden past, just as with most sexual predators, once a predator always a predator, the union and officials needs to stop protecting and hiding these criminals and allowing them to just move on to another situation to do the same thing. 16 Jorge Estrada 09/26/2023 2:53 pm Jazz Band is like a good Blues Band falling down a flight of stairs. Could be that follows with the discipline. -21 sbjcl 09/26/2023 2:21 pm How does this creep keep getting rehired. This habitual predator should be an associate dean in some nice sex offender prison. 19 panflash 09/26/2023 1:52 pm \u201cWhite has a history of resigning amid allegations of sexual misconduct.\u201d Yet universities just keep hiring him\u2026\u2026\u2026\u2026 25 Subscribe Tip your team Subscribers Register Log in Entries feed Comments feed WordPress.org Home Uncovered Daily Briefs Discovered Eye o the Coast Opinion Screening Room Home Contact Us Advertise About Us Site Map Search Subscribe Notice Terms Of Service Privacy Policy Copyright \u00a9 2008-2023 Cal Coast News. Trademarks propert of their respective owners. All posts and Comments \u00a9 the original authors. 2/21/25, 7:34 Director of jazz studies at Cal Poly accused of sexual harassment, resigns 3/3", "8999_106.pdf": "assistant dean resigns as allegations of sexual misconduct surface The Emporia Gazette Oct 21, 2023 alum Arthur White performs at the Jazz Alumni Concert in May. He abruptly resigned from his position at the university last month. Marcia Lawrence/Special to The Gazette The Emporia Gazette 2/21/25, 7:34 assistant dean resigns as allegations of sexual misconduct surface | Free | emporiagazette.com 1/2 The Bulletin reported this week that the Assistant Dean of the School of Visual and Performing Arts at Emporia State University abruptly resigned his commission just one month and one day after classes began. Arthur White worked at the university from Aug. 6 - Sept. 22. The Bulletin reported that White has previously left other positions suddenly. Before joining ESU, White worked at California Polytechnic State University in San Luis Obispo, where he was the subject of a Title investigation by the Civil Rights and Compliance Office. The investigation was initiated due to allegations of sexual harassment and stalking made by Danna Dumandan, a former music major and one of White\u2019s former students. These alleged incidents occurred between the fall of 2022 and the spring of 2023, with Dumandan claiming that White made inappropriate comments and expressed romantic interest in her. White denied these allegations through a letter from his attorney, Donald N. Peterson II. Importantly, these were not the first allegations against White. During his time at the University of Missouri, his contract was terminated in 2016 following accusations of sexual assault by a student, Puck Glass. Glass reported that White had made unwanted advances during a performance at a local bar in Columbia, Missouri. As a result, White was removed from the campus, and the investigation into his conduct led to another student, Taryn Gervais, coming forward with her own allegations of uncomfortable comments and harassment. In August, Dumandan contacted faculty members to warn them about White\u2019s history and urged them to take measures to prevent him from targeting students. White\u2019s resignation from was described as a mutual agreement, but no explicit reasons were provided. The university stated that they were unaware of any previous allegations or investigations against White during the hiring process. University policies require background checks and reference checks for prospective employees, but these checks may not always reveal allegations of misconduct. ESU\u2019s Director of Media Relations Gwen Larson told The Bulletin that circumstances involving White\u2019s departure were confidential. 2/21/25, 7:34 assistant dean resigns as allegations of sexual misconduct surface | Free | emporiagazette.com 2/2"} |
7,503 | Lee E. Monroe | Paul Quinn College | [
"7503_101.pdf"
] | {"7503_101.pdf": "We are currently undergoing maintenance on some services, which may temporarily affect access to subscription accounts and the E-edition. We apologize for any inconvenience and appreciate your patience as we work to resolve the issues 890c-98a7c78b0e11.html Jury: Voorhees president sexually harassed professor College failed to protect employee\u2019s rights, panel finds By Correspondent Apr 27, 2007 jury late Thursday found that a former Voorhees College professor was sexually harassed by the college\u2019s president Lee E. Monroe and that Voorhees College \u201cacted with malice or with reckless indifference to the federally protected rights\u201d of the former professor. Dr. Moreen B. Joseph brought the civil lawsuit against Monroe and Voorhees College, alleging that Monroe sexually harassed her and the college did nothing about it. The jury awarded Joseph punitive damages of $400,000 and compensatory damages of $100,000. The trial before U.S. District Judge R. Bryan Harwell Monday at the Matthews J. Perry Jr. Courthouse in Columbia and the jury came back with the verdict last Thursday afternoon. According to the complaint filed in U.S. District Court, District of South Carolina, Orangeburg Division on July 13, 2004, the Louthian Law Firm of Columbia, representing Joseph, alleged that she was subjected to \u201clewd, gross and suggestive 2/21/25, 7:35 Jury: Voorhees president sexually harassed professor 1/4 1 2 3 4 5 language of a sexual nature and unwanted touching\u201d by Monroe for a period of several months in 2002 and 2003, creating a \u201chostile work environment BASKETBALL: Bruins advance, Indians outlast Greenwood in Orangeburg County rejects request to go smoke free Plans to grow - Orangeburg High School for Health Professions plans $14 million addition Driver identified in fatal Bamberg County crash Top 5 Meal Kits for Busy Lifestyles Monroe and Voorhees College, represented by Evans Taylor Barnette of McCutchen Blanton Rhodes and Johnson, denied all of Joseph\u2019s allegations. Joseph claimed that Monroe \u201crepeatedly made unwelcome sexual advances and implied that if she would agree to his sexual advances, she would benefit personally and financially.\u201d The complaint went on to state that Monroe suggested to Joseph that if she \u201creceived his sexual advances favorably, that she would continue to prosper as an employee of the college and implied that if she did not go along with his advances that she would regret that decision.\u201d Joseph claimed that she \u201cconsistently and adamantly rejected \u2026 Monroe\u2019s advances and, as a result, she was retaliated against, culminating in the loss of her position and more than $70,000 per year in income.\u201d The complaint stated that Monroe and the college \u201cdiscriminated against and harassed (Joseph), retaliated against her and caused her to suffer damages because of her sex (gender), all in violation of Title of the 1964 Civil Rights Act, as amended.\u201d People are also reading\u2026 2/21/25, 7:35 Jury: Voorhees president sexually harassed professor 2/4 As a result of Monroe\u2019s conduct, Joseph claimed that she \u201csuffered and continues to suffer severe emotional distress, psychological injury, mental suffering and humiliation.\u201d The complaint also alleged that Monroe \u201cunlawfully placed his hands on the body of (Joseph) in a sexually suggestive and offensive manner, thereby inflicting a battery upon her person.\u201d However, the jury Thursday found that Joseph had not proven her claim of battery. Joseph also alleged that Monroe\u2019s actions and conduct were \u201cpervasive and ongoing and known to the Board of Trustees and other officials\u201d at Voorhees College. The complaint stated that she reported the sexual harassment and assault and battery to appropriate officials at Voorhees including the Human Resources Office and the Board of Trustees. In answering the complaint, Monroe and Voorhees College denied \u201ceach and every allegation\u201d related to sexual harassment and assault and battery. The defendants, in their answer, acknowledged that Joseph notified one or more college officials, including Monroe, of \u201cclaimed sexual misconduct but failed to follow college policies and procedures with regard to investigating said wrongful conduct.\u201d The answer to the complaint also stated that Joseph was not \u201cterminated or constructively discharged by (Voorhees College). Rather, (Joseph) voluntarily quit and terminated her employment with Voorhees College,\u201d and it called for the suit to be dismissed. In commenting on the jury\u2019s decision, Don Fowler, Voorhees College Board of Trustees member and spokesperson, said, \u201cThe proceeding yesterday (Thursday) was disappointing but there are additional steps before the final determination is made in respect to this proceeding. We continue to have faith and confidence in Dr. Monroe, and will not have any other comment until the court has concluded all of the steps in this process.\u201d 2/21/25, 7:35 Jury: Voorhees president sexually harassed professor 3/4 Herbert W. Louthian, attorney for Joseph, said feel that the jury was very conscientious in their approach to the case. They were attentive, they were diligent, they did their duty and, in so doing ,they have helped us protect the lives of women in the workplace Correspondent Vic Whetstone can be reached by e-mail at [email protected] or by phone at 803-793-3402. Discuss this and other stories online at TheTandD.com. Sell Your Items - Free to List Visit Full Marketplace Baby Female Border Collie A. | sellwild.com GIFT: Apple $100 W. | sellwild.com #1 3D Scanner Pop $500 W. | sellwild.com Tom\u2019s Shoes 6.5 Silver $14 R. | sellwild.com Large Adidas Mens Black $24 B. | sellwild.com 2016 Dodge Challenger $45,800 A. | sellwild.com 2025 Mazda CX- 50 2.5 Premium $36,395 A. | sellwild.com Nikon CoolPix P100 Digital $60 R. | sellwild.com Powered by Marketplace 2/21/25, 7:35 Jury: Voorhees president sexually harassed professor 4/4"} |
8,056 | Matthew Sedlak | Central Connecticut State University | [
"8056_101.pdf",
"8056_102.pdf"
] | {"8056_101.pdf": "Article Examining the impact of physical and sexual abuse on the employment of women with disabilities in the United States: An exploratory analysis Disability and Rehabilitation February 2008 \u00b7 30(14):1039-46 DOI:10.1080/09637480701539542 Source \u00b7 PubMed Authors: To read the full-text of this research, you can request a copy directly from the authors. Abstract The relationship between the employment status of women with disabilities and the incidence of physical and sexual abuse in the United States was examined. Data from the 2005 Behavioural Risk Factor Surveillance System (BRFSS) were analyzed using descriptive analysis and proportional analysis to determine the significance of the relationship between the experience of abuse and employment status for women with disabilities. Due to the large sample size, effect size was examined through Cohen's h. Logistic regression analysis was also used to examine the risk of unemployment for women with disabilities who are abused. Women with disabilities who have been abused have higher levels of unemployment than women without disabilities who have not been abused. In addition, women with disabilities who have been abused have higher levels of unemployment than women without disabilities who have not been abused. Finally, experiencing physical and sexual abuse increases the risk of unemployment for women with disabilities. Unemployment increases the disadvantage for an already vulnerable population and potentially prevents women with disabilities from being able to break the cycle of violence they are experiencing. Recommendations are discussed with regard to intervention by rehabilitation professionals to assist women with disabilities who experience abuse. Discover the world's research 25+ million members 160+ million publication pages 2.3+ billion citations No full-text available Diane Lynn Smith Institute for Health Professions David R. Strauser University of Illinois Urbana-Champaign Citations (32) References (49) Join for free Recruit researchers Join for free Login Request full-text Download citation Copy link 2/21/25, 7:35 Examining the impact of physical and sexual abuse on the employment of women with disabilities in the United States: An explorato\u2026 1/11 To read the full-text of this research, you can request a copy directly from the authors. Prevalence of Interpersonal Violence Against Community-Living Adults With Disabilities Literature Review Article Full-text available Nov 2011 Rosemary Hughes \u00b7 Emily Lund \u00b7 Joy Gabrielli \u00b7 Mary Ann Curry Request full-text Citations (32) References (49) ... Two of these studies included a comparison group of women without disabilities (Ciccone et al., 2005;Nosek, Howland et al., 2001). Six large population-based surveys were included, four (Barrett, O'Day, Roche, & Carlson, 2009;Brownridge, 2006;Cohen, Forte, Du Mont, Hyman, & Romans, 2006;Martin et al., 2006) of which reported prevalence for people with and people without disabilities, while two (Casteel, Martin, Smith, Gurka, & Kupper, 2008; Smith & Strauser, 2008) reported prevalence for women with disabilities only. Prevalence data were collected as part of an intervention study, with two articles (Curry et al., 2009; reporting different data, and another in a field test of an abuse measure (Curry, Powers, & Oschwald, 2003). ... ... The majority of studies (n \u03ed 14) used a broad definition of disability consistent with the American with Disabilities Act (1990) or the (Krug et al., 2002) definitions of disability. Disability status among the six population-based studies (Barrett et al., 2009;Brownridge, 2006;Casteel et al., 2008;Cohen et al., 2006;Martin et al., 2006; Smith & Strauser, 2008) was determined during a phone interview and based on self- report of meeting the study's criteria for disability, such as having an activity limitation. Several other studies (Curry et al., 2003(Curry et al., , 2009Li et al., 2000;Milberger et al., 2003;Oktay & Tompkins, 2004;Powers et al., 2002Powers et al., , 2008 used a broad definition of disability and focused recruitment on agencies and/or services that provided support to people with disabilities. ... ... Past year sexual abuse: Range: 0.4 -30.0%. Six studies (Casteel et al., 2008;Curry et al., 2003Curry et al., , 2009Goodman et al., 2001;Martin et al., 2006; Smith & Strauser, 2008) included measures of past year sexual abuse that ranged from one question to a list of multiple types of sexual abuse that varied from unwanted touching to rape. The referent perpetrator was always \"anyone.\" ... View Show abstract ... Research in this area has shown some pockets of activity around the country, but the topic is not a leading agenda item despite the fact that it is known, from earlier limited research, that women with disabilities experience abuse at similar or increased rates as compared to the general population (Brownridge, 2006;Martin et al., 2006;Powers, Curry, Oschwald, & Maley, 2002;Powers et al., 2009; Smith & Strauser, 2008; Young et al., 1997;. In an effort to gather a broad perspective of the work that has been done, this current study is a comprehensive literature review of studies focused on the issue of violence against women with disabilities. ... ... Women with disabilities experience abuse at similar or increased rates compared to the general population (Grossman & Lundy, 2008;Martin et al., 2006;Nosek et al., 2001;Powers et al., 2009; Smith & Strauser, 2008; Young et al., 1997). One study comparing rates of lifetime prevalence of emotional, physical and sexual abuse of women with 2/21/25, 7:35 Examining the impact of physical and sexual abuse on the employment of women with disabilities in the United States: An explorato\u2026 2/11 Women With Disabilities\u2019 Experience With Physical and Sexual Abuse Article Full-text available Nov 2011 Sara-Beth Plummer \u00b7 Patricia Findley scoping review of measurement of violence against women and disability Article Full-text available Jan 2022 Sarah Meyer \u00b7 Heidi St\u00f6ckl \u00b7 Cecilia Vorfeld \u00b7 Claudia Garcia-Moreno Development and Initial Validation of the Clinician Attitude Toward Violence Affecting Women With Disabilities (CAVAWD) Scale: An\u2026 Article Full-text available Mar 2020 disabilities to women without disabilities found that that 62% of both groups had experienced such abuse. ... ... n \u00bc 1,093) The goal was to expand the knowledge of the experiences of individuals with disabilities who experience violence Individuals with disabilities were more likely to be victims of assault, less likely to be self- referred to the rape center, and more likely to receive social services than those without disabilities Smith and Strauser (2008 Secondary data (2005 BRFSS; ... View Show abstract ... Some studies focused in specific sub-groups of women; for example, Coston et al. (2019) compared experiences of heterosexual women with and without disabilities and bisexual women with and without disabilities [111], while Slayter et al. (2017) focused on women aged 18-21 to explore prevalence and risk factors for past year [112]. Other specific foci of studies included the question of satisfaction with health service providers [113], health care access [114], employment status and its association with disability and violence [115] , comparisons of mental and physical health outcomes related to [116] and birth outcomes of children of women affected by violence [117]. Only one study included comparison of different types of disability and violence exposure [118]. ... ... The majority of reports or manuscripts used acts-specific measures for all forms of violence (n = 113). n = 7 studies utilized an acts-specific measure for some forms of violence but only a single item for other forms of violence [60,87,110,114, 115, [151][152][153]. Several of these studies used acts-based measures to assess physical violence and a single item to assess sexual violence; for example, Barrett et al. asked \"Has an intimate partner ever hit, slapped, pushed, kicked, or physically hurt you in any way?\" to assess physical violence, and measured sexual violence with a single item: \"Have you ever experienced any unwanted sex by a current or former intimate partner?\" [114]. ... View Show abstract ... Nelson and Lund (2017) discussed the U.S. Women's Bureau (2015) report, and mentioned that frequently, WWDs end up in jobs where their pay is not equivalent to women without disabilities or men with disabilities correlational study of 165,000 individuals showed that WWDs experienced higher levels of unemployment than women without disabilities who have not experienced abuse (Smith & Strauser, 2008) . Barrett, O'Day, Roche, & Carlson (2009) analyzed responses from a dataset of 23,000 female respondents, among whom 6,309 had disabilities. ... ... The literature about violence affecting persons with disabilities is limited, but even within that small body of work, there is evidence that incidence rates of violence on WWDs are significantly higher (Breiding & Armour, 2015). Research shows that WWDs consider IPV, either physical or sexual, as a primary condition that affect their quality of life (Hahn et al., 2014;Hassouneh-Phillips & McNeff, 2005;Sobsey & Doe, 1992; Smith & Strauser, 2008) , and yet, incidents of abuse are severely underreported. Timely reporting of violence could not only save WWDs from enduring prolong episodes of abuse, it could potentially reduce the long-term effects that include physical, mental and behavioral trauma (Ballan & Freyer, 2017;Nosek & Hughes, 2003a;Plummer & Findley, 2012). ... 2/21/25, 7:35 Examining the impact of physical and sexual abuse on the employment of women with disabilities in the United States: An explorato\u2026 3/11 Dalia Chowdhury Multiple Disadvantages in the Labor Market of T\u00fcrki\u0307ye: a Qualitative Study of Women with Disabilities Chapter Full-text available May 2024 \u0130lhan Do\u011fan \u00b7 Ezgi \u00dcnal Experiences of Domestic Violence and Disability Article Full-text available Nov 2023 Gayle Brewer \u00b7 Calanthe Hendrikse Exploring the Relationships Between Rehabilitation and Survivors of Intimate Partner Violence Scoping Review Article Sep 2023 Danielle Toccalino \u00b7 Gifty Asare \u00b7 Jenna Fleming \u00b7 Angela Colantonio Intimate Partner Violence among Women with Disabilities in Uganda View Show abstract ... It is known that there are various results such as that disabled women have higher rates of depression and stress than non-disabled women (Nosek & Hughes, 2003). Considering the problems experienced by disabled people in socio-economic life, employment becomes a more important factor for disabled women to break the psycho-social violence cycle they experience (Smith, 2008) . However, considering the problems experienced by both the disabled and women in the labor market, it is inevitable that being a 'disabled and a woman' ... View Show abstract ... For example, disabled people may limit their food or drink intake to reduce the number of requests for personal care assistance made [17]. Dependence on the perpetrator may be further exacerbated by the social isolation and broader societal discrimination that impacts the employment of disabled people, limiting opportunities to leave the abusive situation [18][19] [20] . ... View Show abstract ... As brain injury, disability, and are highly interrelated and rehabilitation professionals can play a key role in supporting individuals with any or all of these experiences, we additionally reviewed each article to determine whether brain injury was considered. Across categories, there were six studies that focused on women living with disabilities (Ballan & Freyer, 2019Gutman et al., 2004; Smith & Strauser, 2008) ; however, only three specifically discussed brain injury (Ballan & Freyer, 2019;Gutman et al., 2004). One additional study, which looked at language functioning among women living in shelters, assessed for brain injury (O'Neil-Pirozzi, 2003). ... View Show abstract ... The risk of in women with disabilities is attributed to a number of complex contextual and social factors. Increased dependency on others for care, physical vulnerability, social isolation, and lack of economic independence are posited to make women with disabilities more vulnerable [27,[31][32][33] [34] ; however, the devaluation of all persons with disabilities and the particular marginalization of sexuality in women with disabilities are important drivers of vulnerability as well. Consequently, some researchers maintain that violence against women with disabilities encompasses both disability-based and gender-based violence [35][36][37]. ... 2/21/25, 7:35 Examining the impact of physical and sexual abuse on the employment of women with disabilities in the United States: An explorato\u2026 4/11 Article Full-text available Mar 2019 \u00b7 Int Environ Res Publ Health Anne Valentine \u00b7 Ilhom Akobirshoev \u00b7 Monika Mitra Intimate Partner Violence Against Disabled Persons: Clinical and Health Impact, Intersections, Issues and Intervention Strategies Article Full-text available Jun 2019 \u00b7 Sex Cult Antonio Iudici \u00b7 Andrea Antonello \u00b7 Gian Piero Turchi Adverse Childhood Experiences, Support, and the Perception of Ability to Work in Adults with Disability Article Full-text available Jul 2016 Sophia Miryam Sch\u00fcssler-Fiorenza Rose \u00b7 Jessica Eslinger \u00b7 Lindsey Zimmerman \u00b7 Eva Alisic Institutional Discrimination Area: Discrimination Experienced by Disabled Employees in the Public Sector of Turkey Thesis Full-text available Jan 2013 Tolga Tezcan View Show abstract ... The same holds for schooling; women with disabilities who have experienced are generally less likely to hold a college diploma or university degree when compared to male counterparts with disabilities whose chances for the same is lower than males and females with no disabilities (Mitra et al. 2016). These employment-related data confirm other research findings (Smith 2007), thus demonstrating that women with disabilities who have experienced had higher unemployment rates than women who have not suffered domestic violence and that employment can be a protective factor in relation to the possibility of remaining in abusive relationships (Smith and Strauser 2008) . Besides unemployment-related aspects, Barrett et al. (2009) found that women with disabilities who have suffered were younger, had lower incomes were less likely to get married. ... View Show abstract ... Furthermore, ACEs are associated with increased risk of experiencing physical or sexual violence in adulthood [42]. Prior research about women with disabilities has found that women who have experienced prior physical or sexual abuse or intimate partner violence have higher unemployment rates [43, 44] . Finally, childhood adversity is strongly associated with increased engagement in health risk behaviors such as drug abuse [11,20,45,46], which clearly can interfere with ability to work. ... View Show abstract ... Moreover, \"For disabled people abuse may be normalized\" (Shakespeare, 1996b: 203). Disabled women are at increased risk of physical and sexual abuse (Smith & Strauser, 2008) . ... View number of studies show that violence in the lives of people with disabilities usually does not end in childhood but rather continues throughout the life span with intimate partner violence (IPV) being a very frequent phenomenon. Women with disabilities (physical and intellectual) are more likely to be abused by their partners than women without disabilities, and for longer periods of time (Nosek et al., 2001; Smith and Strauser, 2008; Hughes et al., 2011;Scherer et al., 2014). In addition to experiencing subtle forms of abuse that exploit aspects of disability, such as withholding medication or denying needed supports (Lund, 2011), 2/21/25, 7:35 Examining the impact of physical and sexual abuse on the employment of women with disabilities in the United States: An explorato\u2026 5/11 Child abuse predicts adult symptoms among individuals diagnosed with intellectual disabilities Article Full-text available Oct 2015 Claudia Catani \u00b7 Iris M. Sossalla Personal experience and perception of abuse in people with intellectual disabilities Article Full-text available Jun 2014 Zdravka Leutar \u00b7 Josipa Vitlov \u00b7 Ivan Leutar Domestic Sexual Violence and Sexual Problems Among Gynecology Outpatients: An Example from Turkey Article May 2014 Mehtap Ipekten Alaman \u00b7 Hatice Y\u0131ld\u0131z Economic stress and domestic violence Article Full-text available Oct 2009 Claire Renzetti \u00b7 With Contributions From \u00b7 Vivian Larkin they are also more often victims of severe forms of physical partner violence, including being kicked or punched (Brownridge, 2006). ... View Show abstract ... In Croatia, domestic abuse was first mentioned in 1998, in Family Law (Josipovi\u0107 et al., 2008). Many researchers have investigated the subject of abuse in recent years and given a number of definitions (Grossman and Lundy, 2008;Martin et al., 2006;Mitra et al., 2011;Leutar et al., 2011;Najman Hi\u017eman and Leutar, 2012; Smith and Strauser, 2008; Swedlund and Nosek, 2000). ... View Show abstract ... Even though studies have revealed that age and socioeconomic factors are related to increased partner violence ( Malcoe et al.,2004; Smith & Strauser, 2008; Vung et al., 2008), other studies ( Karacam et al., 2006;Stith et al., 2008) support our results of no relation to age and educational level but a significant relation with marital and sexual harmony. Also, according to the results of multiple logistic regression analysis, bad sexual harmony and experiencing sexual problems were strongly related to sexual violence in marriage; other factors, such as age and educational level of participants and their husbands, years and type of marriage, and marriage relationship, were not significantly related (Table 5). ... View Show abstract ... These problems are exacerbated among women with disabilities who have experienced DV. Research indicates that survivors with disabilities are less likely to be employed than both survivors without disabilities and women with disabilities who have not experienced (Smith & Hilton, 2008; Smith & Strauser, 2008) . ... View Show abstract ... Finally, alternative explanations for the relationship between and unemployment need to be considered as well. In particular, it would be worthwhile to see whether a sense of foreshortened future merely reflects (a) underlying or comorbid psychopathology, such as depression (e.g., Shalev et al., 1998), (b) functional impairment (e.g., Cloitre, Miranda, Stovall-McClough, & Han, 2005;Matthews, 2005Matthews, , 2006Matthews & Chinnery, 2005) or disability status (Smith & Strauser, 2008) , or (c) negative career thoughts-which have been defined as 2/21/25, 7:35 Examining the impact of physical and sexual abuse on the employment of women with disabilities in the United States: An explorato\u2026 6/11 Employment Status and Posttraumatic Stress Disorder Following Compensation Seeking in Victims of Violence Article Full-text available May 2010 Maarten Kunst Supporting the Housing Needs of Domestic Violence Shelter Residents: Considerations for Survivors With and Without Disabilities Article Sep 2022 Michelle Ballan \u00b7 Molly Freyer \u00b7 Meghan Romanelli Quantitative Intersectionality: Imperatives and Opportunities for Advancing Social Equity Article Full-text available Aug 2022 Geoffrey Whitebread \u00b7 Stephanie Dolamore \u00b7 Brendan Stern Occupational Functioning among Intimate Partner Violence Survivors with Disabilities Retrospective Analysis Article Nov 2021 Michelle Ballan \u00b7 Molly Freyer \u00b7 Meghan Romanelli Occupational Deprivation Among Female Survivors of Intimate Partner Violence Who Have Physical Disabilities Article May 2020 Michelle Ballan \u00b7 Molly Freyer Women, Older Adult, and Populations with Disabilities in Rural, Frontier, and Territory Communities Chapter Nov 2018 Debra A. Harley \u00b7 Pamela B. Teaster Socioeconomic Status and Geographical Rural Settings\u2019 Contribution to Oppression of Women with Disabilities Who Experience Gender Violence Chapter Jul 2017 Ruth Nelson \u00b7 Emily Lund Intellectual Disability, criminal offending and victimisation Thesis Full-text available Apr 2016 Margaret Nixon \"outcomes of one's thinking about assumptions, attitudes, behaviors, beliefs, feelings, plans, and strategies related to career problem solving and decision making\" (Strauser, Lustig, & Uruk, 2006, p. 93). Each of them will require a different intervention strategy. ... View Show abstract View Show abstract View Show abstract View Show abstract View Show abstract View Show abstract View Show abstract 2/21/25, 7:35 Examining the impact of physical and sexual abuse on the employment of women with disabilities in the United States: An explorato\u2026 7/11 Women with disabilities and their lived experiences of physical, psychological and sexual abuse in Croatia Article Jan 2017 Marina Mili\u0107 \u00b7 Zdravka Leutar \u00b7 Monica Dowling Disability and Risk of Recent Sexual Violence in the United States Article Feb 2016 Kathleen Basile \u00b7 Matthew J. Breiding \u00b7 Sharon G. Smith Rehabilitation Psychology Article Apr 2011 William Stiers \u00b7 Kathryn Nicholson Perry \u00b7 Paul Kennedy \u00b7 Marcia Scherer Triple discrimination of women with disabilities on labor market Article Jan 2011 I. Brstilo \u00b7 E. Hani\u010dar Looking Beyond Prevalence Article Jun 2014 Michelle Ballan \u00b7 Molly Freyer \u00b7 C. Nathan Marti \u00b7 Meghan Romanelli Qualitative Analysis of Life Course Adjustment to Multiple Morbidity and Disability Article Feb 2013 Tracie Harrison \u00b7 Jessica Taylor \u00b7 Nina Fredland \u00b7 Robin Choban An occupational justice perspective of domestic violence against women with disabilities Article Oct 2008 Diane Lynn Smith \u00b7 Claudia Hilton Reply to Our Commentators Article Oct 2009 Mary Ann Curry \u00b7 Laurie Powers \u00b7 Paula Renker \u00b7 Mary Oschwald Situating Research on Safety Promoting Behaviors Among Disabled and Deaf Victims of Interpersonal Violence View Show abstract View Show abstract View Show abstract View Show abstract View Show abstract View Show abstract View Show abstract View Show abstract View 2/21/25, 7:35 Examining the impact of physical and sexual abuse on the employment of women with disabilities in the United States: An explorato\u2026 8/11 Article Oct 2009 Douglas A. Brownridge View 2/21/25, 7:35 Examining the impact of physical and sexual abuse on the employment of women with disabilities in the United States: An explorato\u2026 9/11 Recommended publications Discover more Last Updated: 22 Oct 2024 Article Brain Structures in Pediatric Maltreatment Posttraumatic Stress Disorder: An Prospective Study w... January 2017 \u00b7 Journal of Traumatic Stress Disorders & Treatment Ana Carolina Coelho Milani \u00b7 Bernd Foerster \u00b7 Hugo Cogo-Moreira \u00b7 [...] \u00b7 Andrea Jackowski Childhood maltreatment, which includes emotional abuse, sexual abuse, physical abuse and neglect (including witnessing domestic violence), is a global problem with several consequences, including pediatric posttraumatic stress disorder (PTSD). The study goal was to investigate the structural alterations, through a prospective study, in patients when compared with controls subjects ... [Show full abstract] Read more Chapter Prevention of Wife Abuse January 1988 Andrea Sedlak Violence in the family takes many forms and has many victims. As treated in this volume, it includes physical violence and sexual abuse and is directed against children, adolescents, wives, husbands, elderly relatives, and siblings. Because there is no reason at present to assume that these various phenomena follow identical, or even substantially similar dynamics, the task of evaluating the ... [Show full abstract] Read more Article Timing of sexual abuse, sexual risk behaviors and substance use among women February 2017 \u00b7 Drug and Alcohol Dependence Mekeila Cook Read more Article Full-text available Childhood maltreatment preceding depressive disorder at age 18 years prospective Brazilian birth... April 2017 \u00b7 Journal of Affective Disorders Erika Giraldo \u00b7 Christian Loret de Mola \u00b7 Fernando C. Wehrmeister \u00b7 [...] \u00b7 Joseph Murray Background: Childhood maltreatment is linked with increased risk for mental illness in adolescence and adulthood. However, little evidence is available on whether different forms of maltreatment have specific effects, and no prospective studies in low- or middle- income countries have addressed this issue. Methods: Participants in a population-based, birth cohort study in Pelotas, Brazil ... [Show full abstract] View full-text 2/21/25, 7:35 Examining the impact of physical and sexual abuse on the employment of women with disabilities in the United States: An explorato\u2026 10/11 Company About us News Careers Support Help Center Business solutions Advertising Recruiting \u00a9 2008-2025 ResearchGate GmbH. All rights reserved. Terms \u00b7 Privacy \u00b7 Copyright \u00b7 Imprint \u00b7 Consent preferences 2/21/25, 7:35 Examining the impact of physical and sexual abuse on the employment of women with disabilities in the United States: An explorato\u2026 11/11", "8056_102.pdf": "The Recorder \u2022 May 9, 2011 \u2022 of-sexual-misconduct Adjunct Professor Accused of Sexual Misconduct By Matt Clyburn and Michael Walsh administrators are handling complaints against an adjunct professor accused with sexual harassment stemming from an incident that occurred Tuesday. Adjunct math professor Matthew Sedlak allegedly used his position as the female student\u2019s former professor to solicit sexual favors while discussing an issue regarding her final exam grade from the fall semester complaint was submitted with university officials Wednesday afternoon and the woman filed a police report later that evening. University officials declined to provide details on the case and the office of the chief diversity officer deferred all communication to university spokesperson Mark McLaughlin. \u201cWe are aware of the situation, and it is being handled by the appropriate administrative offices,\u201d said McLaughlin. \u201cWe must respect the privacy rights of both parties as required by [the Family Educational Rights and Privacy Act cannot comment further. \u201c In e-mails and text messages obtained by The Recorder from the alleged victim, the woman claims she was told by Sedlak that there might be a \u201csmall problem\u201d with her final exam grade and asked that she contact him to address the matter. Sedlak allegedly indicated that the process by which he accessed e-mail on his mobile device was \u201cannoying\u201d and asked the woman to text message him if she still had his number. The accuser, who said she was never in possession of Sedlak\u2019s phone number, disclosed her phone number to him via e-mail. The woman began to receive text messages from the phone number connected to Sedlak on the mathematics department website. The woman claims Sedlak said he forgot to turn in her exam because she took it separately from her classmates. The woman, who acknowledged taking the exam separately, claims she was told that her final exam grade in Sedlak\u2019s fall 2010 Math 099 course did not meet the department requirements that would allow her to take Math 101. The woman told The Recorder that a grade of 81 had already been recorded with the university. She also told Sedlak that a passing grade had been recorded and that she had been allowed to register for Math 101. Still, Sedlak allegedly offered the woman a blank copy of the final, giving the woman an opportunity to retake the test under his supervision. \u201ci cant believe im suggesting this but could help you get the right answers\u2026.but idkkkkk,\u201d Sedlak allegedly said. The woman then suggested meeting at a local coffee shop the next day to retake the test. \u201cim just nervous ill run into someone\u2026sorry know im being difficult,\u201d Sedlak allegedly responded. After agreeing to meet the accused at his residence the next day, the woman claims she received a text message later that evening from the same phone number telling her that Sedlak and a friend were under the influence of alcohol. \u201cOmg im so nervous im gonna end up in like the student newspaper or something lol,\u201d Sedlak allegedly said. \u201cOmg [alleged victim] u r ignoting me nowwww \ud83d\ude41 \u201d \u201cCann be hones twith you\u2026Ur mad cute shhhhhhhhhhh,\u201d the next messages allegedly said. The woman did not respond until the next morning when Sedlak allegedly apologized for the messages from the prior evening, saying that he \u201cwas a little drunkish.\u201d \u201ci had typed another text but guess i didn\u2019t send it\u2026good thing too,\u201d Sedlak allegedly said. The woman encouraged the accused to send the message, \u201coh my goodness\u2026tell me anyway.\u201d Sedlak allegedly responded with, \u201cIt said\u2026you should let me go down on you while you take the test \ud83d\ude41 \u201c After several more text messages were exchanged, Sedlak allegedly asked again if she would allow him to perform oral sex. The woman ceased correspondence and brought her complaint to Chief Diversity Officer Rosa Rodriguez, where the woman said officials collected evidence and took photographs of the text messages on her cell phone. The woman disclosed all prior e-mail correspondence with Sedlak to The Recorder, all of which was directly related to coursework dating back to September 2010 when the mathematics course began. The text message conversation on the woman\u2019s phone was also shown to The Recorder and matched the transcript later obtained. According to policy, sexual harassment is defined, among other things, as a \u201crequest for sexual favors\u2026when submission to or rejection of such conduct is made either explicitly or implicitly the basis, term, or condition of any individual\u2019s\u2026grade [or] evaluation.\u201d After attempting to contact Sedlak, The Recorder discovered that the phone used to communicate with the woman is out of service, but Sedlak responded to e-mail correspondence Friday afternoon. \u201cWhile the university requests that not comment on any specifics while they are still investigating the claim am confident that will be able to clear my name from any accusations of wrongdoing,\u201d Sedlak said. An unidentified person in the adjunct faculty mathematics office said that Sedlak is no longer teaching at CCSU. \u201cSomething came up and he had to leave for the last couple weeks [of the semester],\u201d the person said. The math department requires students to record at least a C- in Math 099 before being allowed to enroll in Math 101. Students must achieve a grade of at least 60 percent on their final exam in order to receive the C- in the class, according to syllabi from Sedlak and other math professors found online. According to the course registration system on Pipeline, Sedlak was not scheduled to teach next semester. Officer Sebastian Magnano of the Police Department declined to present a copy of the police report Friday afternoon in absence of the records manager. Magnano said law requires that only one officer have jurisdiction over department records and that the records division would be locked until Monday. On Monday, The Recorder was denied access to the police report, saying that it was unavailable because it\u2019s still an ongoing investigation. Sedlak\u2019s profile on QuietSpeculation.com, a public daily web magazine dedicated to the trading card game \u201cMagic: The Gathering,\u201d indicates that Sedlak lives in Connecticut with his fianc\u00e9e. Sources confirm that Sedlak is also a graduate student at CCSU. [UPDATED: May 9, 11:44 p.m.]"} |
7,512 | Johnson Bia | Pima Community College – Desert Vista Campus | [
"7512_101.pdf",
"7512_102.pdf",
"7512_103.pdf"
] | {"7512_101.pdf": "News from TucsonSentinel.com: allegations/ ( PCC's Bia resigns over sexual harassment allegations Posted May 1, 2014 Dylan Smith TucsonSentinel.com ( (//kitt.tucsonsentinel.com:443/click/888733/c Related stories names new Desert Vista campus president (/local/report/072414_pcc_dv_pres) Pima extends Lambert's contract, bumps pay and vacation (/local/report/071114_lambert_contract holding forums for campus chief candidates Tues., Weds. (/local/report/063014_pcc_forums) Changes at Pima College HR, information offices (/local/report/061914_pcc_hr) Record 3,791 eligible for Pima graduation Thursday (/local/report/052014_pcc_graduation) Pima gets to enroll more in veterans programs (/local/report/052014_pcc_vets) State suspends enrollment in veterans programs (/local/report/032114_pcc_vets news From the archive: This story is more than 10 years old. \"authentically local news for Tucson\" (/) Donate (/watchdog ongtime Pima Community College administrator Johnson Bia is resigning after a school investigation into female employees' allegations of sexual harassment found his behavior violated college policies college report said Bia \"consistently leers at female subordinate staff,\" made inappropriate comments and hugged female but not male staff. Bia, who has worked at Pima for 22 years, has immediately stepped aside as president of the Desert Vista Campus and will retire on June 3. \"It is critical that all employees feel free to express their concerns about potentially difficult workplace situations. No matter what you do or where you work at PCC, there should be no barrier to open and honest communication,\" college Chancellor Lee Lambert said in an email to employees announcing Bia's retirement have simply concluded it is time to move on,\" Bia said in an email he sent to all Pima employees. He did not address the allegations. Pima is working to straighten out a laundry list of administrative troubles pointed out by the Higher Learning Commission. That accrediting body placed the community college on probation last year, citing in part the poor handling of allegations that former chancellor Roy Flores sexually harassed female employees. According to an internal report released Thursday ( by the school, Pima's staff attorney and director of Employee Relations interviewed a female employee in February after she alleged that Bia was engaging in \"inappropriate behavior of a sexual nature.\" The woman, whose identity and position at the school were redacted from the report, told Pima officials that \"Bia is 'eerie and creepy' and she feels like she needs to take a shower every day after work\" and that she was \"hurt and offended as well as grossed out.\" (//kitt.tucsonsentinel.com:443/click/42363/c36064/z146498?) The woman, referred to as \"the Complainant\" in the report, told school investigators that she was at times not going into work to avoid encountering Bia. The Complainant told Pima's general counsel, Jeff Silvyn, and Employee Relations Director Alison Colter-Mack that she was prompted to report her concerns about Bia after he told her \"it just smells so good\" after taking a whiff of her perfume nursing head leaving, dogged by painkiller solicitation allegations (/local/report/012914_mayhew_pcc provost stepping down to take post in Colorado (/local/report/111213_pcc_migler) Pima brings back ex-interim head as probation advisor (/local/report/110113_pima_harris OKs probation plan (/local/report/080613_pcc_probation) Miles to go: Ex-interim chancellor retiring from Pima College (/local/report/060613_miles_pcc) Related documents investigative report on Bia (/documents/doc/050114_pcc_bia_doc) More by Dylan Smith Tucson's Bishop Weisenburger named as new archbishop of Detroit (/local/report/021125_bishop_weisenburger_ bishop-weisenburger-named- as-new-archbishop-detroit warns about distemper cases, is revaccinating all dogs at shelter (/local/report/021025_pacc_distemper/pacc- warns-distemper-cases- revaccinating-all-dogs- shelter) Conover should 'come with a warrant' if they raid Pima County facilities (/local/report/020425_conover_ice_memo/c ice-should-come-with- warrant-if-they-raid-pima- county-facilities) Man detained in Pima County Jail dead after fight with inmate (/local/report/020225_jail_death/man- detained-pima-county-jail- dead-after-fight-with- inmate) Groundhog Day: Bing! (/opinion/report/020225_groundhog_day/gr day-bing) More stories \u00bb (/reporter/1/) ( com/sharer.php? al/report/050114_pcc_bia/pccs- assment-allegations/) 's Bia resigns over sexual harassment om/local/report/050114_pcc_bia/pccs- assment-allegations/) om/submit? ocal/report/050114_pcc_bia/pccs- egations/&title=PCC's Bia resigns ent allegations) bookmarklet/popout? s%3A%2F%2F ign=tools&utm_medium=article-share&utm_source= C's Bia resigns over sexual harassment nsentinel.com/local/report/050114_pcc_bia/pccs- rassment-allegations/) m/shareArticle? cal/report/050114_pcc_bia/pccs- egations/&title=PCC's Bia resigns ent allegations) er sexual harassment allegations | esigns over sexual harassment %0A-- ocal/report/050114_pcc_bia/pccs- gations/%0A%0ALongtime Pima ia is resigning after a school allegations of sexual harassment olicies college report said Bia ) nel.com/watchdog) harer.php? ort/050114_pcc_bia/pccs- nt-allegations/) resigns over sexual harassment cal/report/050114_pcc_bia/pccs- nt-allegations/) bmit? port/050114_pcc_bia/pccs- ns/&title=PCC's Bia resigns egations) marklet/popout? %2F%2F ools&utm_medium=article-share&utm_source= resigns over sexual harassment inel.com/local/report/050114_pcc_bia/pccs- nt-allegations/) eArticle? port/050114_pcc_bia/pccs- ns/&title=PCC's Bia resigns egations) al harassment allegations | over sexual harassment port/050114_pcc_bia/pccs- ns/%0A%0ALongtime Pima signing after a school ions of sexual harassment college report said Bia ) m/watchdog) \"authentically local news for Tucson\" (/) Donate (/watchdog/) The Complainant told the college's investigators that \"Bia works innuendo into every conversation they have,\" the 24-page report ( \"Are you on the menu?,\" Bia once asked her as she worked on a listing of foods to be prepared for a college event, she told investigators. The woman told Silvyn and Colter-Mack about an incident in early February when she \"she drove back to campus to get her phone charger that she had left in the office. She saw his car in the parking lot and stayed in her car because she was scared to run into him. Instead of taking the chance of running into him she just went to a store and purchased a new charger,\" the report said. Another female employee, identified only in the report as Witness A, told investigators that Bia would hug her, had asked her about her dating preferences, that she had \"caught Bia taking pictures of her back to side profile\" while she was doing her hair at work, and that had he was \"scared to death\" when she ran into Bia and his wife at a department store. Witness said that she \"no longer goes to the (Board of Governors) meetings because she does not want to run into Bia,\" the report said. Another female employee told investigators that she \"knows that the Complainant was afraid and there is still fear for a lot of people even though the chancellor says things are changing.\" Another employee, Witness C, told investigators that she felt Bia looked at her as if she were naked: Of another employee, Witness E, the report said: ( We need your help. Unlike most news outlets, the Tucson Sentinel publishes our stories without a paywall. We believe a healthy community depends on everyone having access to quality independent journalism, whether they can afford to pay or not. As a nonprofit organization, we're committed to providing real reporting to everyone in Southern Arizona. But a single story can cost us thousands of dollars to report \u2013 some take months and months of dogged digging, others require paying for tall stacks of records that officials don't want to provide. Some mean driving to remote corners of Pima County, and some see our reporters sitting through endless government meetings to make sure they get the whole story and not just a quick headline. Our award-winning newsroom has some of the best reporters, photographers & editors in the state, and we're dedicated to getting the story right. Our pioneering effort to rebuild local news will only work if enough people join our Watchdog Club community of paying members (/watchdog/). Please join today for as little as $15/month n November 2013, there was a dress that she used to wear. Bia made a comment that the dress was \"sexy.\" She thought that he was trying to tell her the dress was inappropriate, but she did not think that the dress was inappropriate for work. The witness went on to say that this comment was in passing \"like he was trying to make a joke.\" She stated, however, that she got an \"icky, gross feeling\" and ended up going home to change her dress. Witness asserted that following this, she has never worn the dress again. She stated that overall, the way that Bia looks at people; he makes you feel \"gross\" and uncomfortable. ... She explained further that sometimes she feels \"naked\" by the way that Bia looks at her. ( \u201c \"authentically local news for Tucson\" (/) Donate (/watchdog/) Bia told investigators that the employee identified as the Complainant in the report was on probation because of an investigation into an incident, that nature of which was redacted from the college's report. \"The Complainant's timesheets show a pattern of absences, annual and sick leave,\" the report said. The report said that according to a Witness F, \"Complainant would have absences at times that seemed odd such as she would call in sick after taking her lunch hour.\" Bia, who was paid $168,000 annually, told investigators the Complainant \"may have brought forward this complaint against him because he was holding her accountable for her absenteeism,\" the report said. Witness told investigators that \"the Complainant has expressed to her that she is uncomfortable and that she (the Complainant) will also make excuses not to be there or leave for lunch when Bia is there. She went on to say that the Complainant has apologized to her for not coming into work because she did not want to be around Bia.\" According the the report's summary, \"evidence consistently showed that Bia did engage in flirtatious behavior with young female subordinate staff that was neither welcomed nor wanted. Witnesses asserted that Bia would pry and probe into their personal lives; make comments and ask questions that were not related to his role of Campus President.\" \"The evidence, as presented, does not meet the threshold of actionable sexual harassment; however, the behavior exhibited by Bia in his position of Campus President toward subordinate staff violates College policy, and does not fit within the standard that has been set for College employees and executive administrators in particular,\" the report said. From the report's summary: For those who can't afford to contribute right now, please sign up for one of our free Watchdog Update newsletters ( and help the spread word about the Sentinel to your friends, family, neighbors & co-workers. Your contributions help the Sentinel sustain & grow our nonprofit newsroom & bolster our commitment to delivering the important independent news our community needs to thrive smarter Tucson is a better Tucson \u2014 and the Sentinel shines a light on this town because we love it. Please join with us today. Yes want to help TucsonSentinel.com offer a real news alternative! Subscribe and stretch your donation over time: $15/mo. Cub Reporter $25/mo. Printer's Devil $40/mo. Stringer $50/mo. Correspondent $100/mo. Senior Correspondent Enter your own monthly amount (number only) Or give a secure one-time gift with PayPal or your credit card: $60 Cub reporter $120 Printer's Devil $250 Stringer $500 Correspondent $1,000 Senior Correspondent $2,500 Trusted Source Enter your own amount (number only t is the witness's contention that Bia has \"leered\" at her as well. Bia never made eye contact with her (the witness), but was always looking at her breasts or lower private part. If she was wearing jeans, Bia would look at her crotch; if she was wearing a dress, he would look at her breasts. Witness asserted that she would always cover the areas that he was focused on noting that he would never turn away and would continue to leer. She added that if she were called into his work area or when she saw him; she would cover the area that he was leering at \u2013 her breasts or her crotch with a folder or anything she had in her hand. The witness told the Complainant \"this is what do when he looks at me.\" She showed the Complainant how she covers the area that Bia is focused on. She went on to say, however, that Bia has never made any inappropriate comments to her. She added, however, that every time she would walk into his area, it felt as if he was looking her up and down. \u201c \"authentically local news for Tucson\" (/) Donate (/watchdog Lambert, who now finds his college with four of six campus presidencies vacant, told employees that, \"As you know, concerns were recently raised about Dr. Bia\u2019s professional conduct. The College looked into them and, as a result, Johnson and agreed that it was in everyone\u2019s best interest that he retires at this time.\" \"As public servants, we all must be mindful that our conduct must be held to the highest standards goal we should all share as employees is to maintain the highest level of professionalism,\" Lambert said. Filed under news (/category/news), politics & government (/category/politics), education (/category/education), family/life (/category/family), local (/category/local), arizona (/category/arizona), breaking (/category/breaking), Read more about jeff silvyn ( johnson bia ( lee lambert ( pcc ( Be a watchdog with us! nlike most news outlets, the Tucson Sentinel publishes our stories without a paywall. We believe a healthy community depends on everyone having access to quality independent journalism. As a nonprofit organization, we're committed to providing real reporting to all Southern Arizona residents. Help us keep digging into the desert dirt, so we can bring you stories you can't find anywhere else single story can cost us thousands of dollars to report \u2013 some take months & months of dogged digging, others require paying for tall stacks of records that officials don't want to provide. Some mean driving to remote corners of Pima County, & some see our reporters The Tucson Sentinel is published by Tucson Investigative Reporting Center Inc., an Arizona nonprofit organization. Your contribution is tax-deductible. (//kitt.tucsonsentinel.com:443/click/42361/c3 ( utm utm_source= DavidsonBelluso&utm_medium=Banner&utm aign vidence supports that Bia has repeatedly made inappropriate comments not only to the Complainant, but also to other subordinate female employees within the organization. The preponderance of evidence suggests that Bia has commented on female subordinate staff personal attire, personal lives, and other areas that cross the superordinate/subordinate threshold. Moreover, there was substantial evidence suggesting that Bia consistently leers at female subordinate staff that makes them feel uncomfortable. Based upon the evidence presented, it can be reasonably argued that Bia's behavior rose to the level of improper and unprofessional, and as such, the Complainant and witnesses, as noted by several of them, were fearful of coming forward because of Bia's position of Campus President. Moreover, Bia's behavior lends itself to that of positional power over subordinate staff which may have contributed to their fear. As noted during the investigation, Bia acted as if he was untouchable and people began to believe that he was. \u201c Sign up for Watchdog Updates! Get the latest authentically local news from TucsonSentinel.com \"authentically local news for Tucson\" (/) Donate (/watchdog/) sitting through endless government meetings to make sure they get the whole story & not just a quick headline. Our award-winning newsroom has some of the best reporters, photographers & editors in the state, and we're dedicated to getting the story right. 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(/local/report/063014_pcc_forums) Changes at Pima College HR, information offices (/local/report/061914_pcc_hr) Record 3,791 eligible for Pima graduation Thursday (/local/report/052014_pcc_graduation) Pima gets to enroll more in veterans programs (/local/report/052014_pcc_vets) \"authentically local news for Tucson\" (/) Donate (/watchdog/) State suspends enrollment in veterans programs (/local/report/032114_pcc_vets nursing head leaving, dogged by painkiller solicitation allegations (/local/report/012914_mayhew_pcc provost stepping down to take post in Colorado (/local/report/111213_pcc_migler) Pima brings back ex-interim head as probation advisor (/local/report/110113_pima_harris OKs probation plan (/local/report/080613_pcc_probation) Miles to go: Ex-interim chancellor retiring from Pima College (/local/report/060613_miles_pcc) Related documents investigative report on Bia (/documents/doc/050114_pcc_bia_doc) More by Dylan Smith Tucson's Bishop Weisenburger named as new archbishop of Detroit (/local/report/021125_bishop_weisenburger_detroit/tucsons-bishop-weisenburger- named-as-new-archbishop-detroit warns about distemper cases, is revaccinating all dogs at shelter (/local/report/021025_pacc_distemper/pacc-warns-distemper-cases-revaccinating-all- dogs-shelter) Conover should 'come with a warrant' if they raid Pima County facilities (/local/report/020425_conover_ice_memo/conover-ice-should-come-with-warrant-if- they-raid-pima-county-facilities) Man detained in Pima County Jail dead after fight with inmate (/local/report/020225_jail_death/man-detained-pima-county-jail-dead-after-fight- with-inmate) Groundhog Day: Bing! 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(/watchdog/) \u00a9 2009-2025 TucsonSentinel.com, Tucson, Arizona \"authentically local news for Tucson\" (/) Donate (/watchdog/)", "7512_102.pdf": "1 2 3 4 exec/article_dccc428e-88b5-52f2-bb64-01c64f4caa95.html investigates claims of 'inappropriate' conduct by campus exec Carol Ann Alaimo Apr 8, 2014 longtime executive at Pima Community College is under investigation over claims that he engaged in \u201cinappropriate behavior\u201d with female employees. The internal investigation will determine if alleged improprieties rose to the level of sexual harassment, the college\u2019s chancellor said. Johnson Bia, the president of PCC\u2019s Desert Vista campus, declined comment Tuesday on the allegations against him, which surfaced internally a few weeks ago am aware that concerns have been raised, and it is inappropriate for me to comment while they are being looked into,\u201d said Bia, who has been with the college for more than 20 years. Chancellor Lee Lambert sent an email to employees Monday saying Bia has been temporarily re- assigned from his campus duties to work at headquarters, where he will help forge new partnerships with business and industry of assessing efforts to comply with Trump orders Tucson restaurant owner calls visit by agents 'intimidation' attempt homecoming for Ed Irving: Slice & Ice is coming to Tucson's east side Colorado River water conservation funds frozen, Arizona senators say People are also reading\u2026 2/21/25, 7:36 investigates claims of 'inappropriate' conduct by campus exec 1/3 5 Top 5 Meal Kits for Busy Lifestyles The email didn\u2019t mention the misconduct claims. Lambert said in an interview that the change of duties was previously planned and isn\u2019t related to the allegations. \u201cThe timing makes it look like they\u2019re connected, but they\u2019re not,\u201d he said in a phone interview Monday. Bia, a former head of workforce development at PCC, is a natural fit for the new assignment, the chancellor said. Lambert wouldn\u2019t provide details of what prompted the internal investigation. He did not dispute information received by the Arizona Daily Star that the alleged improprieties involved two women from different campuses. Bia has led the southwest-side Desert Vista campus since 2011 and was interim president of the Community Campus, near West St. Mary\u2019s Road and North Grande Avenue, for several months last year. From 2004 to 2011, he was president of PCC\u2019s Downtown Campus. His annual salary is about $168,000, and his contract recently was renewed for next school year. Lambert couldn\u2019t immediately say when the internal investigation might wrap up. If the initial findings warrant it also could hire an outside investigator to assess the claims, he said. The college\u2019s handling of harassment claims came under scrutiny last year when its accreditor found had a history of mishandling such cases. The school\u2019s previous chancellor retired in 2012 after eight women accused him of sexual harassment. 2/21/25, 7:36 investigates claims of 'inappropriate' conduct by campus exec 2/3 Since then, the college has strengthened its policies and pledged to improve its practices. Contact reporter Carol Ann Alaimo at [email protected] or 573-4138. Sell Your Items - Free to List Visit Full Marketplace Baby Female Border Collie A. | sellwild.com GIFT: Apple $100 W. | sellwild.com #1 3D Scanner Pop $500 W. | sellwild.com Tom\u2019s Shoes 6.5 Silver $14 R. | sellwild.com Large Adidas Mens Black $24 B. | sellwild.com 2016 Dodge Challenger $45,800 A. | sellwild.com 2025 Mazda CX- 50 2.5 Premium $36,395 A. | sellwild.com Nikon CoolPix P100 Digital $60 R. | sellwild.com Powered by By Carol Ann Alaimo Reporter Marketplace 2/21/25, 7:36 investigates claims of 'inappropriate' conduct by campus exec 3/3", "7512_103.pdf": "1 2 3 4 5 misconduct/article_127bb645-1faa-5ded-9f4f-2d665f648861.html executive leaving after report details misconduct Carol Ann Alaimo May 2, 2014 ima Community College lost another campus president Thursday when one accused of hitting on female employees abruptly announced his departure. Johnson Bia, president since 2011 at the Desert Vista Campus, said he was leaving the post immediately and would officially retire on June 3. Bia said he\u2019ll be wrapping up some special projects until then. Bia\u2019s exit after 22 years at the college follows a two-month internal investigation of claims he \u201cleered\u201d at the bosoms and buttocks of young female workers, inquired about their personal lives and made sexually suggestive remarks. \u201cAre you on the menu?\u201d he once asked a woman who was working on a menu, according to a report on PCC\u2019s internal investigation. The report was released by the college with portions blacked out to protect the identities of complainants. Tim Steller's column: Tucson's big homeless camp returning to biking roots Tucson delivery driver accused of stealing packages #ThisIsTucson is hosting a market with 100 makers, food trucks, live music, tattoos + more Tucson's baby elephant finds joy in everything \u2014 but especially grapes \ud83c\udf47 Top 5 Meal Kits for Busy Lifestyles People are also reading\u2026 2/21/25, 7:36 executive leaving after report details misconduct 1/4 At least four women from two campuses \u2014 Desert Vista and Community Campus, where Bia also served as interim president last year \u2014 reported various types of run- ins with him. One mentioned full-frontal hugs that were too tight and lasted too long. Another said she would cover her chest with a file folder to stop Bia from staring at it when they spoke. The women used words such as \u201cgross\u201d \u201cicky\u201d and \u201cpervy\u201d to describe the interactions. They avoided Bia and feared him because of his powerful position, the report said. The document describes Bia as \u201ca Jekyll and Hyde,\u201d a reference to a fictional literary character with two personalities, one pleasant and one troubled. \u201cThe evidence consistently showed that Bia did engage in flirtatious behavior with young female subordinate staff that was neither welcomed nor wanted,\u201d the report said. While his behavior did not rise to the level of \u201cactionable sexual harassment,\u201d it violated college policy, it said. \u201cThis is a sad day Chancellor Lee Lambert told about 50 Desert Vista employees and students who gathered for an announcement about Bia\u2019s fate. \u201cJohnson has done a lot of good things for the college and the community as a whole,\u201d Lambert said, but his misconduct could not be ignored. \u201cJohnson and agreed that it was in everyone\u2019s best interest that he retires,\u201d Lambert said later in an email to the school\u2019s entire workforce. In an interview, Lambert said he hoped the outcome will show he\u2019s serious about addressing the concerns of PCC\u2019s workforce, which is riven by poor morale. 2/21/25, 7:36 executive leaving after report details misconduct 2/4 \u201cThere\u2019s an important message here: That if you bring your concerns forward, we will take them seriously and look into them,\u201d he said. Bia, who was placed on administrative leave on April 21, isn\u2019t supposed to come on campus but was granted an exception to make a goodbye speech at Desert Vista. He didn\u2019t address the allegations directly but said questions about his behavior had become a distraction as strives to overcome a probation sanction imposed by its accreditor last year. \u201cIt\u2019s counterproductive, and that\u2019s the last thing our campus, our students or our community needs right now,\u201d he said. Bia told investigators one of the complainants may have been motivated by revenge after he questioned her work performance. Bia\u2019s exit announcement comes less that two months after PCC\u2019s Governing Board voted in March to extend his $168,000 annual contract for the upcoming school year. His departure leaves four of the college\u2019s six campuses with vacancies at the top. East and West campuses now are the only ones with permanent leaders in place already was searching for replacement presidents for its Downtown, Community and Northwest campuses. The Desert Vista vacancy could be added to that search, but Lambert said he\u2019ll consult with the campus before that decision is made. Contact reporter Carol Ann Alaimo at [email protected] or 573-4138. Sell Your Items - Free to List Visit Full Marketplace Marketplace 2/21/25, 7:36 executive leaving after report details misconduct 3/4 Baby Female Border Collie A. | sellwild.com GIFT: Apple $100 W. | sellwild.com #1 3D Scanner Pop $500 W. | sellwild.com Tom\u2019s Shoes 6.5 Silver $14 R. | sellwild.com Large Adidas Mens Black $24 B. | sellwild.com 2016 Dodge Challenger $45,800 A. | sellwild.com 2025 Mazda CX- 50 2.5 Premium $36,395 A. | sellwild.com Nikon CoolPix P100 Digital $60 R. | sellwild.com Powered by By Carol Ann Alaimo Reporter 2/21/25, 7:36 executive leaving after report details misconduct 4/4"} |
7,586 | Richard Cheung | Stockton State College | [
"7586_101.pdf"
] | {"7586_101.pdf": "\u276eDoes This Movie Make My Attitude Look Big? Closure and Other Films Look at Adoptees Searching for Birth Families \u276f Like this article? Thank you for sharing! Book Reviews Summer 2013 Sign Up to see what your friends like. Like By: Book Reviewers Book reviews from the Summer 2013 issue of magazine. Neuroscience and Social Work Practice: The Missing Link., by R. L. Farmer. Sage Publications, Inc., Thousand Oaks, CA, 2009, 200 pages, $58. Dr. Rosemary Farmer\u2019s book, Neuroscience and Social Work Practice: The Missing Link, comprehensively analyzes a missing link that requires weaving through the professional practice of social work and the burgeoning field of neuroscience. Farmer\u2019s Articles Extras COVID19 Magazine Jobs Grad School Products Events Nonprofit 2/21/25, 7:36 Book Reviews Summer 2013 - SocialWorker.com 1/8 book can be easily read in one sitting. The first chapter provides a tour of the brain, and subsequent chapters are enriched with case vignettes that make clear connections across social work practice and neuroscience findings. Two primary themes are highlighted in Farmer\u2019s book. First, she presents selected neuroscience research findings in areas critical to social work and other human service professions. Farmer specifies why this knowledge is important for practicing clinicians and indicates how these findings can influence the development of neuroscience. Second, she applies a transactional model as the conceptual framework for incorporating neuroscientific knowledge into clinical practice. Readers will learn how the brain works and why such knowledge is relevant to social work practice. The transactional model is undergirded by the bio-psycho-social-spiritual perspective. Throughout each chapter, case vignettes help readers apply presented theories to practice models. Social work links to neuroscience because social workers must consider issues of attachment, bonding, trauma, psychotherapy, and psychotropic medications when assessing and counseling clients. Ample literature has been culled by Farmer, and her book cites four primary domains (biological, psychological, social, and spiritual) as being relevant to all human beings. The biological domain encompasses genetic processes, the brain and spinal cord, and endocrinology. The psychological domain involves cognition, emotion, motivation, intra-psychic, cognitive processes, defense mechanisms, and coping strategies. The social domain centers on interpersonal and family relationships, societal processes, and political/cultural issues and events. The spiritual domain involves beliefs, behaviors, and patterns that are used to understand life\u2019s meaning, purpose, and the person\u2019s connection to others and the world. Essentially, Farmer challenges social workers to acquire advanced knowledge of neuroscience. For example, readers will learn that oxytocin is a hormone that is implicated in social recognition and bonding. Bowlby\u2019s attachment theory is revisited. The literature regarding trauma is examined to elucidate the inextricable link between the brain and the body\u2019s long-term physical and mental outcomes. 2/21/25, 7:36 Book Reviews Summer 2013 - SocialWorker.com 2/8 Whether readers are experienced clinicians or current students, this thought-provoking book will bridge medical model and person- in-environment perspectives with multiple neuroscience concepts. Stress, coping, and adaptation are crucial elements in a social worker\u2019s repertoire of assessment and intervention skills. Therefore, readers will find new neuroscientific language to assist them in their assessments and evaluations. Reviewed by Julia Mastalski, MSW. Case Manager at Youth Consultation Services, and Lisa Cox, PhD, LCSW, MSW, Associate Professor of Social Work and Gerontology at The Richard Stockton College of New Jersey. Almost Home: Helping Kids Move From Homelessness to Hope, by Kevin Ryan and Tina Kelley. John Wiley & Sons, Inc., Hoboken, NJ, 2012, 230 pages, $16.95 softcover. Kevin Ryan, a lawyer from Georgetown Law Center, and Tina Kelley, an editor for The New York Times, wrote Almost Home hoping to advocate on behalf of many homeless children and young adults. Both Ryan and Kelley volunteered at a Covenant House, and Ryan is now President of Covenant House International. The authors tell six moving stories of young children fighting homelessness and accomplishing their goals through the help of a Covenant House. In the introduction, readers learn about the homeless throughout North America. The Covenant House is \u201cthe largest charity of its kind in the Americas helping homeless, runaway, and trafficked children and youth\u201d (p. 1-2). These children and youth are close to forty percent of the homeless in America. The Covenant House provides shelter for more than 11,000 youth in 17 different houses in North America every year. The next six chapters are the stories of six individuals who overcame homelessness. Paulie, whose mother was addicted to drugs and father was physically abusive, left to fend for himself. Muriel, an international adoptee, turned to drugs and sex trafficking for comfort. Benjamin was removed from his home 2/21/25, 7:36 Book Reviews Summer 2013 - SocialWorker.com 3/8 because of an abusive parent, lived in three dozen foster homes, and was dropped at the door of Covenant House when he aged out of foster care. Creionna, pregnant, left an unsafe multigenerational household that included drug use. Keith, removed from his home because of neglect, later turned to drugs and alcohol. Meagan\u2019s family disapproved of her sexual orientation. Each ended up homeless, without resources Covenant House was their last hope. The success of these six youth would never have been predicted from the hardships and obstacles that each had to overcome. Some faced addictions to drugs or alcohol. Many suffered physical abuse. All had educational deficiencies and little work experience. Covenant House taught them a work ethic, helped them graduate from high school or earn their GED, and some graduated from college. It comes as no surprise that the youth helped by a Covenant House had adverse histories, but sometimes homelessness comes from aspirations, not just hardship. Creionna left home in an effort to protect her unborn child. Every story is different. Covenant House changed the lives of these youth, and in some respects, reading this book changed me. Like the youth who mentioned wanting to return to a Covenant House to mentor or counsel others, my immediate reaction was to help. After reading Almost Home immediately looked up Covenant House online hoping to be able to do so. Reading Almost Home moved me deeply and helped me realize one of the reasons chose to study the profession of social work. Reviewed by Alissa M. Menke student at the University of South Dakota. Legal Self-Defense for Mental Health Practitioners, by Robert Henley Woody. Springer Publishing Company, New York, 2013. 153 pages, $45 new paperback, $38 for Kindle. Legal Self-Defense for Mental Health Practitioners by Robert Henley Woody is a useful resource for social work practitioners at any professional level. Seasoned practitioners and supervisors will 2/21/25, 7:36 Book Reviews Summer 2013 - SocialWorker.com 4/8 benefit from Woody\u2019s legal experience as an attorney, as well as his counseling expertise as a licensed psychologist. This combined perspective allows Woody to offer practical yet realistic advice. In the preface, Woody states that Legal Self-Defense for Mental Health Practitioners emphasizes two aspects for practitioners: \u201c(1) providing safeguards from problems and (2) protecting the rights of the mental health practitioner and the service user\u201d (xii). These are the guiding principles for the remainder of the book. Woody stays true to his promise by providing numerous illustrations of legal difficulties, offering preventive measures so these do not recur, and suggesting best practices for human service workers. This framework is not only sufficient; it is also extremely informative. Needless to say would recommend this book to anyone in the field. For those newer to the profession, topics such as treatment planning, avoiding clinical errors, maintaining records, and ethical decision-making are discussed thoroughly and in such a manner that it would be hard to argue against implementing Woody\u2019s suggestions early in one\u2019s career. Woody also devotes one chapter (albeit short) to issues faced by independent practitioners; this serves as a primer for those debating the pros and cons of opening their own practice. My only complaint with the book was what perceived to be a pessimistic accounting of legal ramifications for practitioners faced with legal and/or ethical battles. Perhaps this critique is na\u00efve on my part. After all am a practitioner who has had the fortune of never being the recipient of legal or ethical complaints. And perhaps, more so, this was Woody\u2019s intent: to alert all those in the human services that times have changed, that we practice in an unpredictable environment, and that simply being good at what we do is not enough to protect ourselves from legal and/or ethical hazards. If this was Woody\u2019s intent\u2014and believe it was\u2014then he has achieved his purpose, and my only complaint is unfounded. Reviewed by Erick Lear, MSSA, LMSW, Ph.D., adjunct faculty, University of Phoenix. 2/21/25, 7:36 Book Reviews Summer 2013 - SocialWorker.com 5/8 Will Ever Be Good Enough? Healing the Daughters of Narcissistic Mothers, by Karyl McBride, Ph.D., Atria Books, 2009, 272 pages, $16 paperback. This book begins with the following quote: \u201cThere was a little girl who had a little curl right in the middle of her forehead, and when she was good she was criticized anyway.\u201d \u2013Elan Golomb, Ph.D., Trapped in the Mirror In a world where mothers are revered and where maternal traits include kindness, warmth, and giving, this book is for those whose experiences are quite the opposite. For anyone who has memories of a mother who steals the spotlight, who belittles them, or who lacks empathy, this book is geared toward you. For anyone whose clients have experienced this specific mothering trauma, this book will likely also help a clinician both better understand that life experience and better guide the client to a healthier place. Written by the self-proclaimed daughter of a narcissistic mother, this book is divided into three sections\u2014recognizing the problem, how narcissistic mothering affects your life, and ending the legacy. Each of these topics not only guides the reader through self- exploration as the section is broken into smaller pieces; it is also filled with quotes from the author\u2019s clients regarding their experiences. This creates a space of shared experience and helps the reader to understand which aspect of the mother/daughter relationship to focus on in that specific moment. I\u2019m not sure whether a non-clinician with a typical mother/daughter relationship will benefit from this book. However, the read is likely quite a comforting experience for people who have felt alone and awkward when trying to explain why they aren\u2019t close to their mothers or maybe why they have severed ties completely. Many of the quotes throughout this book focus not only on the traumatizing experiences of being born to a narcissistic mother, but also the difficulty in others understanding the stress and the isolation of this upbringing. Although the lessons and thoughts in the book are quite specific to this need, some who aren\u2019t yet ready for the healing may begin to do so anyway, simply by reading the quotes of others and feeling less alone, making this a great starting place for clients who may be angry or hurt but are otherwise not in 2/21/25, 7:36 Book Reviews Summer 2013 - SocialWorker.com 6/8 the therapeutic place to have the language or the openness to begin to work through to a healthier life. In addition to the hardback and paperback options, this book is available both for Kindle and as an audiobook, which really opens this book up to be an option for clients of all reading levels and ages, as this experience may be causing difficulty even in clients whose mothers are long passed. This book\u2019s separated sections, multitude of client quotes, and variety of formats truly makes this a great book for any clinician to offer to appropriate clients, as well as for readers to pick up on their own. Reviewed by Kristen Marie (Kryss) Shane, MSW, LSW, LMSW. Child Sexual Abuse: Best Practices for Interviewing and Treatment, by Monit Cheung, Lyceum Books, Inc., Chicago, 2012, 504 pages, $76.46. In the 2012 book, Child Sexual Abuse: Best Practices for Interviewing and Treatment, Monit Cheung provides anyone working with child sexual abuse a comprehensive guide to evidence-based interventions in the field. Cheung illustrates a thorough knowledge of this topic from providing the audience information on assessment, interviewing, and treatment to working within the legal system. From reading this guide, one will become familiar with child sexual abuse and how professionals can use proven interventions to ensure best practice. In addition to detailed entries about screening, interviewing, and prosecution of child sexual abuse cases, Cheung provides multiple interactive assessments that workers can use in their field of practice. For example, there is a checklist to determine the credibility of a child who is being interviewed. Included also in the text are multiple diagrams, charts, and figures to make for a reading experience that is multi-dimensional. Sections of this book are also dedicated to the families of the child who has experienced the trauma. 2/21/25, 7:36 Book Reviews Summer 2013 - SocialWorker.com 7/8 Like this article? Thank you for sharing! Overall, Cheung has written a book that includes important information for those working in the field of child welfare. Through reading this text, you will be provided with evidence-based protocols that are used when assessing and intervening with child sexual abuse cases. Even more helpful is the clearly stated information on the legal process. Professionals, families, court personnel, or anyone interested in gaining knowledge on child sexual abuse can utilize this text to gain a wide range of knowledge on the topic. Reviewed by Maria Petrides candidate at the University of Michigan. The above reviews appeared in WORKER, Summer 2013, Vol. 20, No. 3. All rights reserved. Copyright 2013 White Hat Communications. Sign Up to see what your friends like. Like Articles Extras COVID19 Magazine Jobs Grad School Products Events Nonprofit All material published on this website Copyright 1994-2023 White Hat Communications. All rights reserved. Please contact the publisher for permission to reproduce or reprint any materials on this site. Opinions expressed on this site are the opinions of the writer and do not necessarily represent the views of the publisher. As an Amazon Associate, we earn from qualifying purchases PUBLISHER\u2122 About Us Advertise Writers' Guidelines Contact Us Terms of Use Privacy Policy 2/21/25, 7:36 Book Reviews Summer 2013 - SocialWorker.com 8/8"} |
7,697 | R. Igor Gamow | University of Colorado – Boulder | [
"7697_101.pdf",
"7697_102.pdf",
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] | {"7697_101.pdf": "The University of Colorado wants you to know that it \"remains committed to promoting and maintaining an environment free from sexual harassment is so committed, in fact, that in 2004 it fired Igor Gamow, a controversial professor and inventor who'd been a fixture on the Boulder campus for nearly... The University of Colorado wants you to know that it \"remains committed to promoting and maintaining an environment free from sexual harassment is so committed, in fact, that in 2004 it fired Igor Gamow, a controversial professor and inventor who'd been a fixture on the Boulder campus for nearly thirty years -- and had been a magnet for harassment complaints stemming from a series of incidents involving female staff and students stretching back to the 1980s. Unfortunately, the move came a decade or more too late for women who say they were subject to unwanted attentions and even assaults by Gamow. On Thursday, a federal jury awarded $285,000 in damages to one of those women, Dana Ruehlman, who'd sued the university for failing to terminate Gamow after others had complained about him in 1992 and 1996. After the verdict was read, a tearful Ruehlman embraced Gretchen Hume, who'd tried to get the university to fire the professor ten years ago. Hume had first met Gamow when she was an undergraduate engineering student in 1982. She claims he groped and assaulted her in Chautauqua Park one night shortly after they met; Gamow has always denied the accusation, while admitting that the encounter had a \"romantic component The Smutty Professor By Patricia Calhoun May 4, 2006 Listen to the article now 1.0x Audio by Carbonatix Your Cookie Preferences We and 1467 other vendors use cookies or similar technologies to optimize our website. To do personalised advertising and content, advertising and content measurement, audience research and services development, we may store and/or access information on your device and process personal data, like address. We may use precise geolocation data and device scanning, but only with your approval. You can grant, modify or withdraw your consent by clicking on \"Cookie Preferences\" or on the circle floating icon. Your choices will be applied across all our subdomains, ensuring a transparent and privacy-conscious browsing experience. Privacy Notice Cookie policy As first reported in Westword, Hume subsequently found other women with similar stories and pressured the university to investigate Gamow's conduct (\"Fear and Groping in Boulder,\" June 6, 1996). \"If the university had taken action in response to Gretchen's complaint wouldn't have had to go through what did,\" says Ruehlman. \"And when went to the university to give them my information, they used it against me. They weren't trying to help me. They were trying to protect their own asses.\" Now seventy, Gamow has one of the best-known names on the Boulder campus. His father, physicist George Gamow, was one of the early proponents of the \"big bang\" theory of the origin of the universe and a pioneer in research; CU's Gamow Tower is named after him biologist by training and a former dancer in the National Ballet, Igor joined his father on the faculty in 1968, shortly before George's death. The younger Gamow cut a dashing figure on campus from the start. He rode a motorcycle by day and an Arabian stallion named Pegasus at night. He supervised off- campus programs in Nepal, ran an altitude laboratory known as the Lab and collaborated with students on inventions ranging from a running shoe to the Gamow Bag, a device for treating high-altitude sickness. But over time there were a series of reports concerning Gamow's allegedly inappropriate relationships with undergraduate students; one first-year female said he kissed and caressed her and proposed that they engage in a \"mind meld.\" Gamow admitted the kiss to Westword but denied making any sexual advances. Yes, he'd claimed to have \"romantic\" relationships with students, but only in \"the European sense.\" He was the victim of a vendetta, he said. In 1993 Ruehlman, then a thirty-year-old veterinarian, was hired as an assistant in Gamow's lab. In court she testified that he made increasingly unwelcome advances toward her over the next two years and raped her on Valentine's Day 1995. Dozens of other sexual assaults followed, she insisted, although she didn't report any of them to authorities -- until she filed a harassment complaint against Gamow in 2000. Ruehlman's own attorney, George Johnson, called Gamow to the stand to give his version of the relationship. Gamow described Ruehlman as a dear friend who had helped him with back problems (by manipulating his spine) and with impotence (by masturbating him and providing him with porn). It was all consensual and therapeutic in nature, he said. It was \"fairly normal\" for him to seek such services from a friendly female employee, he explained; after all, Ruehlman had extensive training in animal husbandry. \"He was our case,\" says Johnson. \"The jury got to see who he was.\" The jury didn't know that the university's own sexual harassment committee had found Gamow guilty of harassing Ruehlman. They didn't hear about any of the prior complaints, either; shortly before trial, Hume and other \"prior act\" witnesses were barred from testifying. But hearing from Gamow himself was evidently good enough. The panel was out only a few hours before returning a verdict in Ruehlman's favor. Johnson believes the case highlights an ongoing conflict of interest in CU's much- criticized, much-revised sexual harassment policy. The same attorneys who oversee the university's harassment prevention efforts also are charged with defending from lawsuits -- which put them in the untenable position of denying that Gamow had harassed Ruehlman, even though the university had already found him guilty of harassment and fired him. \"They fought us every step of the way,\" Johnson sighs. \"They took the usual approach -- they lied, they stonewalled, they attacked the victim. It was hard on Dana and very time-consuming for me. But the truth will come out occasionally, even at CU.\" Gamow could not be reached for comment on the verdict; he is now suing the university over his termination. CU's press office issued a terse three-sentence statement, affirming its commitment to fight sexual harassment and expressing its disappointment with the verdict. Ruehlman now works as an instructor in physiology at CU. She says she tried to negotiate a settlement through various means short of going to trial, but received no serious offer from the university and mostly scorn from many colleagues. \"I've had people I've known all my life turn their backs on me,\" she says. For Hume, the jury's decision was a long time coming. \"For many years believed if we could just get the story told to people with common sense and common decency, they'd do the right thing,\" she says. \"The decision would be made against the university.\" Johnson says he'd like to help CU's efforts to maintain an environment free of sexual harassment. \"Their actions in this case are a classic example of how not to do it,\" he notes. \u2014 Alan Prendergast Sign up for the This Week's Top Stories newsletter to get the latest stories delivered to your inbox Email \u2022 Enter Email reCAPTCHA I'm not a robot Privacy - Terms Your Health Matters Ads By is editor-in-chief of Westword, the alt-weekly she co-founded in September 1977. She\u2019s been inducted into the Colorado Press Association Hall of Fame, the Association of Alternative Newsmedia Hall of Fame and the Colorado Restaurant Association Hall of Fame. She\u2019s also received dozens of local, state and national awards for writing, including first place for feature writing and first place for column writing with the Society of Professional Journalists. Patricia is a weekly commentator on Colorado Inside Out 12's public affairs roundtable, which has won two Emmys. [email protected] message from Patricia Calhoun: If you value independent journalism, please consider making a contribution to support our continued coverage of essential stories and to investigate issues that matter. JavaBurn Works to Burn Fats Day Long + Energy JavaBurn Slim Down Without Taking Prescription Medications Puravive Women are Losing Weight Fast with this Solution! Alpilean SALE? Post & get featured here! $100 $500 Use of this website constitutes acceptance of our terms of use, our cookies policy, and our privacy policy. View our accessibility policy and policy. Westword may earn a portion of sales from products & services purchased through links on our site from our affiliate partners. \u00a92025 Denver Westword, LLC. All rights reserved. Do Not Sell or Share My Information", "7697_102.pdf": "Igor Gamow Rustem Igor Gamow (November 4, 1935, in Georgetown, D.C. \u2013 April 15, 2021)[1] was a microbiology professor at the University of Colorado and inventor. His best known inventions included the Gamow bag and the Shallow Underwater Breathing Apparatus. He was fired from in 2004 following sexual harassment and assault charges.[2] Rustem Igor Gamow was the son of Soviet \u00e9migr\u00e9 physicists George Gamow and Lyubov Vokhmintseva \"Rho\" Gamow. Finishing high school at age 17, he joined the National Ballet Company. He worked breaking horses, delivering packages by motorcycle, and teaching karate before enrolling at the University of Colorado in 1958, where his father taught. Igor Gamow received a B.A. and M.S. in biology, and a Ph.D. in biophysics, all at University of Colorado. Gamow worked on Phycomyces blakesleeanus during postdoctoral research under Max Delbr\u00fcck at Caltech. At CU-Boulder, he did Phycomyces research for over twenty years, mainly on the avoidance and anemotropic responses, helical growth, and cell-wall mechanical properties. He also studied the infrared-detectors of the Boa constrictor. An avid outdoorsman, Gamow developed a number of inventions for safety in outdoor activities. His first important one, patented in 1990, was the Gamow bag enabling mountain climbers to avoid altitude sickness by raising the surrounding pressure. Sir Edmund Hillary, the first expedition leader to summit Mount Everest, wrote him in congratulation. Another was the Shallow Underwater Breathing Apparatus (\"SUBA\"), a pressurized snorkel system permitting swimmers to breathe easily as deep as ten feet under water. Igor Gamow also worked in bionics, on an orthopedic knee brace that stores energy within a spring from the hamstring and redirects it to the quadriceps. U.S. patent 4,974,829 ( \u2014 Hyperbaric chamber U.S. patent 5,109,837 ( \u2014 Hyperbaric chamber U.S. patent 5,193,530 ( \u2014 Underwater breathing apparatus Early life and education Research Patents 2/21/25, 7:39 Igor Gamow - Wikipedia 1/3 U.S. patent 5,360,001 ( \u2014 Hyperbaric chamber closure means U.S. patent 5,367,790 ( \u2014 Shoe and foot prosthesis with a coupled spring system U.S. patent 5,398,678 ( \u2014 Hyperbaric chamber and exercise environment U.S. patent 5,467,764 ( \u2014 Hypobaric sleeping chamber U.S. patent 5,580,094 ( \u2014 In-line skate walking guard U.S. patent 5,701,686 ( \u2014 Shoe and foot prosthesis with bending beam spring structures U.S. patent 5,947,116 ( \u2014 Underwater breathing apparatus with pressurized snorkel U.S. patent 6,029,374 ( \u2014 Shoe and foot prosthesis with bending beam spring structures In 2002, a former assistant of Gamow's filed a lawsuit against the university alleging sexual harassment and sexual assault of seven women. After the lawsuit was filed, the university began to take steps to terminate Gamow. In 2004 the Board of Regents unanimously upheld the recommendation to dismiss Gamow for \"moral turpitude\". Gamow filed a lawsuit against in an attempt to be reinstated.[2] In May 2006 lost a lawsuit that had been filed by Gamow's former assistant and was ordered to pay her $285,000 plus attorney's fees. In September 2011, Gamow released an open letter ( ttp://gamow.com/igorweb/Camera_2011.pdf) addressing some misconceptions about events leading to his termination from the University of Colorado. 1. Gamow, George: My World Line: An Informal Autobiography, The Viking Press, New York, 1970, page 106. 2 fires professor accused of sexual harassment\" ( ires-professor-accused-of-sexual-harassment/73-344912086). 17 April 2004. Gamow's personal homepage ( inventor of the week ( ow/gamow.html) August 23, 2003 Termination at References External links 2/21/25, 7:39 Igor Gamow - Wikipedia 2/3 ExplorerWeb profile and interview ( teverest.net/old-news/newspages/idgamowi.htm) August 18, 2006 Fear and Groping In Boulder ( lder/full) Denver Westworld June 1996 article, this article contains three sexual harassment stories, scan down to the heading 'Freshman Disorientation' for the one referencing Igor Gamow Isn't It Romantic ( Denver Westworld July 1996 article, documents an accusation of sexual harassment that was not upheld by university review despite finding the accuser 'credible' and recommending that Igor Gamow take four hours of sexual-harassment training The Smutty Professor ( Denver Westword May 2006 article on Gamow's problem with sexual harassment that resulted in his dismissal from the University of Colorado Open Letter to the Editor of the Boulder Daily Camera ( 500/ Igor Gamow, January 2007 Obituary - 2021 ( 82098) Retrieved from \" 2/21/25, 7:39 Igor Gamow - Wikipedia 3/3", "7697_103.pdf": "jury on Thursday awarded $285,000 to a woman who sued the University of Colorado alleging former professor R. Igor Gamow forced her to have sex with him. Dana Ruehlman filed a lawsuit in 2002 against the Board of Regents alleging that Gamow, who taught chemical engineering, sexually harassed her when she was a research assistant. Her suit had sought unspecified damages. Ruehlman alleged the university harbored a hostile work environment and took no action against Gamow, despite other allegations of sexual harassment against him officials said in a prepared statement that it had not yet decided Jury awards $285,000 to woman who sued Author: SaraGandy Published: 6:26 May 5, 2006 Updated: 6:26 May 5, 2006 Kids with capes | 10-year-ol uses extraordinary memory connect with others Ad 1 of 1 Ad 1 of 1 2/21/25, 7:39 Jury awards $285,000 to woman who sued | 9news.com 1/3 whether to appeal. \"While the university respects the jury's verdict, it disagrees with and is disappointed by its ultimate conclusion that Dr. Ruehlman was sexually harassed in the course of her employment. The university remains committed to promoting and maintaining an environment free from sexual harassment,\" the statement read. Gamow had testified that he never had a sexual relationship with Ruehlman, whom he described as a close friend who became angry with him after he couldn't help her find a job for her friend suspended Gamow after Ruehlman filed the lawsuit, then fired him in 2004, citing \"moral turpitude.\" Gamow's lawsuit alleging that his dismissal from the university was illegal was pending. No criminal charges have been filed in any of the allegations. Phone messages left by The Associated Press for Ruehlman and Gamow were not immediately returned. Ruehlman is now an instructor in integrative physiology at CU. During the trial, Gamow testified that Ruehlman was treating him for impotence. He said it was Ruehlman's idea to view pornography and use \"manual stimulation.\" Gamow was a well-known presence on CU's Boulder campus. Gamow Tower on campus is the namesake of his father, physicist George Gamow, who helped develop the big bang theory of the universe. R. Igor Gamow developed the Gamow Bag, a nylon chamber used to treat mountain climbers with altitude sickness, and he and Ruehlman also developed a shallow-depth snorkeling system. War Thunder | Sponsored Join new Free to Play War Thunder Fight in over 2000 unique and authentic Vehicles. Fight on Land, on Water and in the Air. Join the most comprehensive vehicular combat game. Over 2000 tanks, ships and aircraft. Play Now Techno Mag | Sponsored All Channels for Only $49 (Buy Now) Crossout | Sponsored Crossout 2.0: Supercharged Check out the new Crossout 2.0 for free. Discover PvP and PvE in our upgraded Action MMO. Countless unique Vehicles, PvE and PvP, Trading. Are you ready? Destroy vehicles your opponent took hours to \u2026 Play Now 2/21/25, 7:39 Jury awards $285,000 to woman who sued | 9news.com 2/3 Techno Mag | Sponsored Why Seniors Are Snapping Up This Box, We Explain! Luxury Sofa | Search ads | Sponsored Hair Transplant | Search Ads | Sponsored Pakistan: Hair Transplant In May Be Cheaper Than You Think! Check The Results Learn More Pakistan: Unsold Sofas for Every Style And Budget at Affordable Prices Man found dead in car in strip club parking lot Biggest moments from SNL's 50th anniversary ARTICLE... 2/21/25, 7:39 Jury awards $285,000 to woman who sued | 9news.com 3/3"} |
7,397 | Richard Vogt | Joint Meeting of Ichthyologists and Herpetologists | [
"7397_101.pdf",
"7397_102.pdf",
"7397_103.pdf",
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] | {"7397_101.pdf": "View Comments Scientists' Group Rescinded An Award To Turtle Researcher After He Showed Photos Of Nearly Nude Women During Presentation Richard \"Dick\" Vogt showed the photos during a talk at the Joint Meeting of Ichthyologists and Herpetologists in Rochester, New York. Stephanie K. Baer BuzzFeed News Reporter Posted on July 15, 2018 at 12:58 am Subscribe to BuzzFeed Daily Newsletter 2/21/25, 7:40 Scientists' Group Rescinded An Award To Turtle Researcher After He Showed Photos Of Nearly Nude Women During Present\u2026 1/10 Not Mrs McLNeuro @McLNeuro This Professor Dick Vogt. Today he got an award at for 'distinguished' scholarship at #JMIH18. He celebrated by giving a talk including near naked pictures of students the organizers had to cover with blue dots. He was talking about turtles. h/t @ThatPARCPriya #MeTooSTEM 06:31 - 12 Jul 2018 Reply Retweet Favorite scientists' group has rescinded an award given to a turtle researcher after he showed pictures of nearly nude women during a presentation at a conference in New York Read More 00:00 03:12 2/21/25, 7:40 Scientists' Group Rescinded An Award To Turtle Researcher After He Showed Photos Of Nearly Nude Women During Present\u2026 2/10 Attendees of the Joint Meeting of Ichthyologists and Herpetologists said on Twitter that Richard \"Dick\" Vogt, a longtime Brazilian turtle researcher, showed the racy slides during a talk he gave Thursday after receiving the distinguished herpetologist award. Some of the slides were so revealing, attendees said, that organizers added blue dots to cover up the women's bodies. Adam P. Summers @Fishguy_FHL So...Herp League decided the most distinguished herpetologist they could find was Dick Vogt. His talk included scantily clad female students. Blue box cover ups were added without Vogt\u2019s knowledge #jmih18??? WTF? 04:14 - 12 Jul 2018 Reply Retweet Favorite Priya Nanjappa @ThatPARCPriya Blue spot or not will not stay in a talk when sexist, exploitative images are used #JMIH18 01:06 - 12 Jul 2018 Reply Retweet Favorite 2/21/25, 7:40 Scientists' Group Rescinded An Award To Turtle Researcher After He Showed Photos Of Nearly Nude Women During Present\u2026 3/10 Henry Mushinsky, chair of the conference committee, told the Democrat and Chronicle that it's common for biologists working near water to wear bikinis and bathing suits but that organizers thought some of Vogt's slides \"might have been offensive.\" \"Some of the photos people thought were a little too revealing, so we decided to sort of block them out a bit,\" Mushinsky said. \"The whole idea was to try to minimize anyone feeling uncomfortable.\" In response to growing outrage from attendees of the conference, the Herpetologists' League, which gave Vogt the award, rescinded the honor Friday and vowed in a statement to take \"concrete steps to assure that all individuals are welcomed, included, and valued regrets and apologizes for offensive content presented in the 2018 Distinguished Herpetologist lecture,\" the statement said 2/21/25, 7:40 Scientists' Group Rescinded An Award To Turtle Researcher After He Showed Photos Of Nearly Nude Women During Present\u2026 4/10 HerpetologistsLeague @HerpLeague Here is the statement presented at the business meeting yesterday from Herpetologists League Board of Trustees on the Distinguished Herpetologists Award, diversity, and inclusivity. #JMIH18 04:19 - 14 Jul 2018 Reply Retweet Favorite Vogt did not immediately respond to BuzzFeed News' requests for comment. He declined to talk to the Democrat and Chronicle. The Turtle Conservancy, where Vogt serves on the advisory board, did not immediately respond to a phone call from BuzzFeed News. Several attendees and others in the herpetologist community said Vogt has exhibited inappropriate behavior at previous events and presented the same slides at other conferences 2/21/25, 7:40 Scientists' Group Rescinded An Award To Turtle Researcher After He Showed Photos Of Nearly Nude Women During Present\u2026 5/10 Sam Dean wrote on Twitter that Vogt is a known \"person to avoid\" for women herpetologists. Sam H. Dean @samdeanscience I'm not even at #JMIH18 rn and know she's talking about Vogt. It's no secret to female herpetologists that he is a person to avoid. Before my 1st conference, my female talked to her female students for about his notoriously sketchy behavior & how to avoid him. 03:24 - 12 Jul 2018 Reply Retweet Favorite Christopher Dick, a professor at the University of Michigan, accused Vogt on Twitter of asking a woman student at a conference years ago if she had ever slept with a herpetologist. Dr. Christopher Dick @CwdickD Vogt was talking with 2 colleagues at a herp conference in years ago Latina student approached & remarked how exciting it was to meet such famous biologists. Vogt looked her over and asked \u201chave you ever f*cked a herpetologist\u201d. 1/ 09:20 - 12 Jul 2018 Reply Retweet Favorite 2/21/25, 7:40 Scientists' Group Rescinded An Award To Turtle Researcher After He Showed Photos Of Nearly Nude Women During Present\u2026 6/10 Emily Taylor, a herpetologist from California Polytechnic State University in San Luis Obispo, told the Democrat and Chronicle that Vogt has been showing risqu\u00e9 slides for 20 years. \"There's a big difference between what he does and just (pictures of) students in normal field garb,\" Taylor said. At the same gathering in 2014, Vogt auctioned off his Speedo thong, attendees said on Twitter. Not Mrs McLNeuro @McLNeuro The scientist, Dick Vogt, who showed near naked photos of students at his award ceremony talk today? Yeah, he thinks this is a cool thing to do at a science meeting too. Circa 2014 #MeTooSTEM 10:24 - 12 Jul 2018 Reply Retweet Favorite 2/21/25, 7:40 Scientists' Group Rescinded An Award To Turtle Researcher After He Showed Photos Of Nearly Nude Women During Present\u2026 7/10 Several people said the incident at this year's conference has been another reminder of the sexism and harassment that women in science have dealt with for years. Anat Belasen, a doctoral candidate at the University of Michigan, applauded the league's decision to rescind Vogt's award but said more should be done to address sexual harassment in the industry. \"Sexual harassment is an issue of safety and should be treated as one, instead of a gray area,\" Belasen wrote on Twitter. \"Dick Vogt should be banned from all future meetings.\" Anat Belasen @anatinmyshoe Rescinding the award, making official statements, and forming a diversity and inclusion committee are important first steps. Sexual harassment is an issue of safety and should be treated as one, instead of a gray area. Dick Vogt should be banned from all future meetings. 4/n 04:31 - 14 Jul 2018 Reply Retweet Favorite 2/21/25, 7:40 Scientists' Group Rescinded An Award To Turtle Researcher After He Showed Photos Of Nearly Nude Women During Present\u2026 8/10 Topics in this article Turtle Stephanie K. Baer BuzzFeed News Reporter Comments Share your thoughts From Our Partner Be One of the First to Comment Hilary Duff Being Praised For Her\u2026 BuzzFeed News Khlo\u00e9 Was So Upset When Her\u2026 BuzzFeed News Star Brittney Griner\u2026 BuzzFeed News Mother Charged With Killing Her\u2026 BuzzFeed News 2/21/25, 7:40 Scientists' Group Rescinded An Award To Turtle Researcher After He Showed Photos Of Nearly Nude Women During Present\u2026 9/10 a brand. \u00a9 2025 BuzzFeed, Inc Press Privacy Consent Preferences User Terms Accessibility Statement Ad Choices Help Contact Sitemap \"Canadian Cannibal\" Found\u2026 BuzzFeed News Kim Made Her Son Sign A\u2026 BuzzFeed News Trump Supporters React To Plans T\u2026 BuzzFeed News Weiner Sexting Partner Already\u2026 BuzzFeed News 2/21/25, 7:40 Scientists' Group Rescinded An Award To Turtle Researcher After He Showed Photos Of Nearly Nude Women During Present\u2026 10/10", "7397_102.pdf": "Daily Brief Our free, fast, and fun briefing on the global economy, delivered every weekday morning Subscribe Enter email address By subscribing you agree to our and Terms of Use Privacy Policy. Search Free Newsletters Editions We may earn a commission from links on this page turtle scientist\u2019s crude behavior has sparked a #metoo moment in herpetology 2/21/25, 7:40 Turtle scientist Richard Vogt is accused of sexually inappropriate behavior 1/9 Herpetology, as a field, has had a sexual harassment problem for years. Image: Reuters/Fredy Builes By Zo\u00eb SchlangerPublished July 17, 2018 Richard Vogt, a prominent herpetologist who studies turtles, used photos of scantily clad women doing field work in his slides during an acceptance presentation last week for a major award. An audiovisual organizer at the conference put blue censorship boxes over parts of the women\u2019s bodies. The Herpetologists\u2019 League rescinded the award Friday (July 13) after outcry over the presentation. \u201cMany members of all genders took strong offense to the images that were presented and to the awarding of this distinction to someone whose extremely inappropriate behavior toward other attendees has been long known,\u201d the league said in a statement on Sunday, according to the New York Times. \u201cWe acknowledge that scientific achievement does not excuse misconduct in the profession at any level.\u201d 2/21/25, 7:40 Turtle scientist Richard Vogt is accused of sexually inappropriate behavior 2/9 Scientists in the field pointed out that Vogt\u2019s reputation for sexually inappropriate comments and behavior was well known, including women who said they had been warned to avoid him 2/21/25, 7:40 Turtle scientist Richard Vogt is accused of sexually inappropriate behavior 3/9 2/21/25, 7:40 Turtle scientist Richard Vogt is accused of sexually inappropriate behavior 4/9 In a past talk, Vogt used a photo of a woman lying in the sand in a bikini with baby turtles \u201cnestled near her breasts,\u201d Lori Neuman-Lee, who leads the Herpetologists\u2019 League\u2019s new diversity and inclusion committee, told the Times. \u201cIt wasn\u2019t explicit,\u201d she said, \u201cbut it was not professional.\u201d Amid the outcry, several noted that herpetology, as a field, has had a sexual harassment problem for years 2/21/25, 7:40 Turtle scientist Richard Vogt is accused of sexually inappropriate behavior 5/9 Read More 00:00 03:12 2/21/25, 7:40 Turtle scientist Richard Vogt is accused of sexually inappropriate behavior 6/9 2/21/25, 7:40 Turtle scientist Richard Vogt is accused of sexually inappropriate behavior 7/9 Vogt defended his presentation in an email to the Times on Monday, saying that there was \u201cnothing sexual or indecent about the photos,\u201d and that he is \u201cvery sad that this has happened,\u201d adding that he has \u201cbeen a part of this community for 54 years.\u201d Sexual harassment in the sciences has been in the spotlight in recent years, and has picked up steam as the #MeToo movement has spread, highlighting inappropriate or demeaning behavior endured by women and men across all sectors of public and professional life. In the sciences, women are harassed with striking regularity. Nearly half of female medical students in one 2018 survey said they had been harassed by faculty or staff report from 2015 found that one in three women science professors surveyed reported sexual harassment. In another, from 2014, 64% of field scientists who responded reported sexual harassment while doing fieldwork\u2014that is, collecting data for research outside the lab. An astronomer, a physicist, an astrophysicist, a molecular biologist, a cancer biologist, and other male scientists were removed from their posts or resigned in recent years after allegations of sexual harassment. In some cases, they rose to prominence despite women voicing disturbing experiences with them, until the accusations were finally taken seriously or gained press attention. \ud83d\udcec Sign up for the Daily Brief Our free, fast, and fun briefing on the global economy, delivered every weekday morning. Enter email address 2/21/25, 7:40 Turtle scientist Richard Vogt is accused of sexually inappropriate behavior 8/9 2/21/25, 7:40 Turtle scientist Richard Vogt is accused of sexually inappropriate behavior 9/9", "7397_103.pdf": "News > World > Americas Leading turtle researcher loses award after including inappropriate photos of women in a presentation Presentation showing bare torsos saw some members of the Herpetologists\u2019 League walk out in disgust Sarah Mervosh Tuesday 17 July 2018 11:08 Comments \u2022 \u2022 0 Renowned turtle expert Richard Vogt is under fire for his inclusion of racy photographs in a presentation to the Herpetologists' League (Justin Murphy) Menu Subscribe 2/21/25, 7:41 Leading turtle researcher loses award after including inappropriate photos of women in a presentation | The Independent | The Inde\u2026 1/14 leading turtle expert has had a prestigious honour revoked for including revealing photos of scantily-clad women in his presentation on river turtles. Richard Vogt was being recognised as a distinguished herpetologist \u2014 a scientist who studies amphibians and reptiles \u2014 at an annual meeting of herpetologists and fish scientists in Rochester, New York. The latest headlines from our reporters across the sent straight to your inbox each weekday Email would like to be emailed about offers, events and updates from The Independent. Read our privacy policy 2/21/25, 7:41 Leading turtle researcher loses award after including inappropriate photos of women in a presentation | The Independent | The Inde\u2026 2/14 It was his work that uncovered turtle communication methods, as well as demonstrating the link between turtle sex and egg incubation temperature. But controversy arose over his accompanying plenary lecture, which contained photos of men and women doing research in water environments - including a handful of women whose torsos were censored with blue boxes, according to several people in attendance. The images were censored by staff at the conference - not Mr Vogt, who said he was \u201cshocked\u201d and \u201cflustered\u201d during his presentation. One of the women pictured was his wife. The lecture from Mr Vogt, who other herpetologists say has a history of using provocative photos in scientific presentations, prompted some in attendance to walk 2/21/25, 7:41 Leading turtle researcher loses award after including inappropriate photos of women in a presentation | The Independent | The Inde\u2026 3/14 out, The Herpetologists\u2019 League, a membership society for scientists in the field, rescinded Mr Vogt\u2019s award on Friday and has formed a committee to address diversity and inclusion. \u201cMany members of all genders took strong offence to the images that were presented and to the awarding of this distinction to someone whose extremely inappropriate behaviour towards other attendees has been long known,\u201d the league said in a statement on Sunday. 2/21/25, 7:41 Leading turtle researcher loses award after including inappropriate photos of women in a presentation | The Independent | The Inde\u2026 4/14 \u201cWe acknowledge that scientific achievement does not excuse misconduct in the profession at any level,\u201d the statement added. Rescued Green Sea turtles released back into wild in New Zealand nature reserve 2/21/25, 7:41 Leading turtle researcher loses award after including inappropriate photos of women in a presentation | The Independent | The Inde\u2026 5/14 The controversy shows how the #MeToo movement, which has empowered women to publicly address sexual harassment, is reaching the male-dominated field of science. Herpetology has historically had a \u201cmacho, bro culture,\u201d said Dan Edwards, who studies the evolution of reptiles and amphibians and was not at the conference. 2/21/25, 7:41 Leading turtle researcher loses award after including inappropriate photos of women in a presentation | The Independent | The Inde\u2026 6/14 When she was a young scientist nearly 20 years ago, Ms Edwards said, people joked that \u201cto be a herpetologist you had to be bearded and wear socks and sandals.\u201d \u201cAnd it\u2019s like, well, I\u2019m not bearded,\u201d she said. Ms Edwards said she had routinely witnessed obscene photographs and sexual innuendos in herpetology talks, though she said it had become less common in recent years. \u201cWe\u2019re scientists. We are there to learn about the animals,\u201d said Emily Taylor, a herpetologist who saw the presentation. \u201cWe are not there to be subjected to pictures of half-naked women holding the animals.\u201d Mr Vogt, who is based in Brazil, defended his presentation, saying that there was \u201cnothing sexual or indecent about the photos.\u201d 2/21/25, 7:41 Leading turtle researcher loses award after including inappropriate photos of women in a presentation | The Independent | The Inde\u2026 7/14 am very sad that this has happened,\u201d he added have been a part of this community for 54 years.\u201d Mr Vogt said herpetology is not as male-dominated in Brazil, where he works mostly with women. He apologised that people were offended by the photos, which he said were not meant to \u201churt, offend or demean anyone.\u201d \u201cIn the future will be more careful,\u201d he said. New York Times More about: New York Metoo Join our commenting forum Join thought-provoking conversations, follow other Independent readers and see their replies Comments 0 2/21/25, 7:41 Leading turtle researcher loses award after including inappropriate photos of women in a presentation | The Independent | The Inde\u2026 8/14 Promoted stories Sponsored Join new Free to Play War Thunder Fight in over 2000 unique and authentic Vehicles. Fight on Land, on Water and in the Air. Join the most comprehensive vehicular combat game. Over 2000 tanks, ships and aircraft. Play Now Sponsored Now Is The Perfect Time To Get An Unsold Camper Van Learn More Sponsored Crossout 2.0: Supercharged Check out the new Crossout 2.0 for free. Discover PvP and PvE in our upgraded Action MMO. Countless unique Vehicles, PvE and PvP, Trading. Are you ready? Destroy vehicles your opponent took hours to craft and enjoy. Join no\u2026 Play Now Sponsored Never Throw Away the Water After Boiling Eggs - The Reason is Genius! Wish we had known this before Sponsored Ali Pur Kango: Unsold Prefabricated Houses Are on Sale (Take a Look at Prices) Learn More Sponsored | MONE2 Sponsored Passive Income Ideas Sitting at Home Do you speak English? Work Job From Home In Pakistan Sponsored Pakistan: Jewelry On Sale For Half Price (See Price List) Learn More 2/21/25, 7:41 Leading turtle researcher loses award after including inappropriate photos of women in a presentation | The Independent | The Inde\u2026 9/14 Which companies are pulling back on diversity initiatives Former star unrecognisable after debuting new look \u2013 but who is it Why two British actors were \u2018snubbed\u2019 from Baftas In Memoriam tribute 2/21/25, 7:41 Leading turtle researcher loses award after including inappropriate photos of women in a presentation | The Independent | The Inde\u2026 10/14 2/21/25, 7:41 Leading turtle researcher loses award after including inappropriate photos of women in a presentation | The Independent | The Inde\u2026 11/14 From Poland\u2019s \u2018iron dome\u2019 to troops: How Europe is preparing for World War As Britain announces a review on defence spending, much of Europe is busy preparing for an act of war that would demand a Nato response Sponsored Cost Of Buccal Fat Removal Might Surprise You Sponsored Pakistan: Don't Miss Out on These Amazing Sofa Deals at Clearance Prices West Virginia Senate OKs bill allowing for religious and philosophical vaccine exemptions Midsomer Murders star reveals why he\u2019d never watch the show again Read More Comments 2/21/25, 7:41 Leading turtle researcher loses award after including inappropriate photos of women in a presentation | The Independent | The Inde\u2026 12/14 Sponsored Villas For Sale in Dubai Might Surprise You Get Deals Dune fans overjoyed by latest revelation about third film Contact us Subscribe Register Newsletters Today\u2019s Edition Install our app Archive International editions Independent en Espa\u00f1ol Independent Arabia Independent Turkish Independent Persian Independent Urdu The Standard Code of conduct and complaints Contributors Cookie policy Privacy policy User policies Modern Slavery Statement Puzzles All topics Betting Offers Voucher codes Competitions and offers Independent Advertising Independent Ignite 2/21/25, 7:41 Leading turtle researcher loses award after including inappropriate photos of women in a presentation | The Independent | The Inde\u2026 13/14 Syndication Working at The Independent 2/21/25, 7:41 Leading turtle researcher loses award after including inappropriate photos of women in a presentation | The Independent | The Inde\u2026 14/14", "7397_104.pdf": "Professor\u2019s award revoked after slideshow featuring photos of researchers in swimsuits 19, 2018 Organization rescinds award due to \u2018outrage\u2019 over pictures, alleged \u2018offensive behavior\u2019 The recipient of a prestigious award in herpetology had the award rescinded last week on the grounds that photographs of female researchers in his acceptance talk were \u201cinappropriate,\u201d with a spokeswoman of the organization that rescinded the award admitting that there were \u201cno formal complaints\u201d related to the presentation. Richard Vogt, who took part in the discovery that the sex of turtles is determined by the temperature they experience in the egg Email \ue607 1 Colleges celebrate Valentine\u2019s with \u2018ethical porn,\u2019 abortion \u2018party\u2019 and \u2018Genital Diversity Gallery 13, 2025 2 Over 500 studies retracted for \u2018unreliable\u2019 information: watchdog 14, 2025 3 New research identifies more than 1,100 DEI- related jobs at University of Michigan 30, 2025 4 After objecting to schools\u2019 \u2018equity\u2019 programs, liberal parents attacked, called \u2018racist ARTICLE: 2/21/25, 7:41 Professor\u2019s award revoked after slideshow featuring photos of researchers in swimsuits | The College Fix 1/4 gave his acceptance speech for the Distinguished Herpetologist Award at the Joint Meeting of Ichthyologists and Federal agency halts scholarship program at HBCUs following Trump\u2019s crackdown Pro-Palestinian protest at Case Western caused $400,000 in damages; now 11 are being indicted 8, 2025 5 Harvard students more focused on extracurriculars than academics: report 3, 2025 ARTICLE: 2/21/25, 7:41 Professor\u2019s award revoked after slideshow featuring photos of researchers in swimsuits | The College Fix 2/4 union rescinds Israel boycott resolution after just 1 month Princeton course applies \u2018queer\u2019 and \u2018trans* theory\u2019 to \u2018architectural histories Andrew Johnson ARTICLE: 2/21/25, 7:41 Professor\u2019s award revoked after slideshow featuring photos of researchers in swimsuits | The College Fix 3/4 \u00a9 2025 ARTICLE: 2/21/25, 7:41 Professor\u2019s award revoked after slideshow featuring photos of researchers in swimsuits | The College Fix 4/4"} |
7,708 | Timothy Taylor | University of Florida | [
"7708_101.pdf",
"7708_102.pdf",
"7708_103.pdf",
"7708_104.pdf",
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] | {"7708_101.pdf": "Timothy Taylor, Plaintiff-appellant, v. Michigan Department of Corrections, et al., Defendants-appellees, 69 F.3d 76 (6th Cir. 1995 Court of Appeals for the Sixth Circuit - 69 F.3d 76 (6th Cir. 1995) Oct. 26, 1995 Timothy Taylor, Jackson, MI, pro se. Daniel E. Manville, Ann Arbor, MI, for Plaintiff-Appellant. Thomas E. McClear, Donald L. Allen, Office of the Attorney General, Corrections Division, Lansing, MI, for Defendant-Appellee. Before: MERRITT, Chief Judge and WELLFORD, Circuit Judges. MERRITT, C.J., delivered the opinion of the court, in which KEITH, J., joined. WELLFORD, J. (pp. 84-88), delivered a separate dissenting opinion. MERRITT, Chief Judge. Plaintiff appeals the grant of summary judgment in this Sec. 1983 action in favor of the remaining defendant, Dale Foltz, the former Warden of the state prison of southern Michigan. The heart of plaintiff's Eighth Amendment claim is that Warden Foltz knew 2/21/25, 7:42 Timothy Taylor, Plaintiff-appellant, v. Michigan Department of Corrections, et al., Defendants-appellees, 69 F.3d 76 (6th Cir. 1995) :: \u2026 1/18 about the risk of sexual assault in the camp program to small, vulnerable-looking prisoners such as plaintiff and neither had a policy to identify and screen out those potential transferees who would not be safe in the camp nor created guidelines for prison staff to follow when screening inmates for transfer. The record shows that the prisoner has introduced sufficient evidence to present a jury question about (1) whether Warden Foltz knew that conditions throughout the Michigan prison system and particularly at Camp Pugsley posed a substantial risk of serious harm to prisoners like plaintiff; (2) whether he knew that there was effectively no procedure in place to protect vulnerable inmates from being transferred to dangerous conditions; and (3) whether in the face of this knowledge he acted with deliberate indifference--that is, disregarded a risk of harm of which he was aware--by failing to adopt reasonable policies to protect inmates like Taylor. The prisoner has, therefore, introduced sufficient evidence to defeat a motion for summary judgment on his Eighth Amendment claim. We reverse the grant of summary judgment and remand the case for further proceedings. Furthermore, we hold that the district court erred by refusing the report of the court appointed expert before ruling on the motion for summary judgment. Upon remand, we instruct the district court to order the preparation of this report. The plaintiff in this case, Timothy Taylor, is a prisoner within the Michigan Department of Corrections. He is five foot tall, 120 pounds, is mildly mentally retarded with an of 66, has youthful looking features, and has a seizure disorder. Taylor was imprisoned for larceny. The plaintiff's presentence report contained the following admonition: It is strongly recommended that prison personnel read the attached evaluation from the Social Security Administration, get a copy of the Forensic Center examination if possible, and very carefully read the medical information provided by the nurse from the Kalamazoo County Jail. Note: Also, this offender has attempted suicide in the past, by slitting his wrists and drinking bleach. (emphasis in original) In addition to the presentence report, a psychological evaluation of the plaintiff was conducted by a prison clinician at the Michigan Department of Correction's Reception and Guidance Center. The report characterized Taylor as \"a rather peculiar and quite impoverished individual who could be easily disorganized under stress conditions.\" The psychologist believed that Taylor \"has problems in the psychosexual area as well as cognitively and affectively....\" The psychologist concluded that Taylor is a rather unstable individual with serious problems in a number of areas, and there is a high likelihood he will become a serious management problem while institutionalized. 2/21/25, 7:42 Timothy Taylor, Plaintiff-appellant, v. Michigan Department of Corrections, et al., Defendants-appellees, 69 F.3d 76 (6th Cir. 1995) :: \u2026 2/18 Simply, the stress of entering the institution may be enough to result in acting out and causing a deterioration in his already limited defenses and coping skills. Taylor argues that these reports and evaluations, contained in his prisoner file, indicate that he belonged to a class of prisoners likely to be a target of sexual pressure in prison and that he could easily be in danger if placed in the general prison population. Beginning in September 1984, Taylor resided in the Trustee Division of Jackson Prison, a minimum security facility that provides inmates with their own individual cells. On June 12, 1985 the plaintiff was transferred to Camp Pugsley by an order that was drafted, approved, and carried out in one day with no advance warning to the plaintiff. The written comments in the transfer order state that plaintiff volunteered for the transfer; however, the code at the top of the order reflects that the reason for transfer was \"program needs.\" Plaintiff maintains that his transfer was motivated by an acute need for bedspace due to overcrowding and new arrivals, and that the transfer was taken in deliberate disregard of plaintiff's safety. Camp Pugsley is also a minimum security facility, but the conditions of confinement are markedly different than those at the Trustee Division. The Camp houses prisoners in a dormitory style barracks, with approximately 60 inmates to a room, rather than private cells. At Camp Pugsley, plaintiff was given a bunk in a converted gymnasium. Soon after his transfer, Taylor was raped by another inmate. Plaintiff argues that the Warden's failure to establish a policy or implement a procedure that would protect vulnerable inmates from transfers to unsafe prisons amounted to deliberate indifference. See Farmer v. Brennan, --- U.S. ----, ----, 114 S. Ct. 1970, 1981, 128 L. Ed. 2d 811 (1994) (For an Eighth Amendment claim, \"it is enough that the official acted or failed to act despite his knowledge of a substantial risk of serious harm.\"). This is the second time this case has come before us. In Taylor v. Michigan Dept. of Corrections, the panel held that \" [a]lthough there was no binding Supreme Court or Sixth Circuit precedent in 1985 to the effect that it was unlawful to transfer small, vulnerable- looking prisoners to unstructured prison camps, the unlawfulness of such an action was apparent in light of pre-existing precedent.\" 14 F.3d 602, 1993 533470, at * 3 (6th Cir. December 22, 1993) (Wellford, J., concurring in part and dissenting in part). The panel, however, declined to address Foltz's contention that even if the unlawfulness of such a transfer was clearly established in 1985, he still was entitled to qualified immunity. Foltz argued that qualified immunity was appropriate because he had no personal involvement in the decision to transfer Taylor, having properly delegated that authority to his subordinates. The panel explained that this contention really went to the merits of plaintiff's Eighth Amendment claim and concerned whether Foltz was deliberately indifferent to plaintiff's constitutional rights. In a footnote, the panel opined that the recent 1 2/21/25, 7:42 Timothy Taylor, Plaintiff-appellant, v. Michigan Department of Corrections, et al., Defendants-appellees, 69 F.3d 76 (6th Cir. 1995) :: \u2026 3/18 decision in Gibson v. Foltz, 963 F.2d 851, 854 (6th Cir. 1992), \"may be determinative of plaintiff's Eighth Amendment claim against defendant Foltz.\" Taylor, at * 4 n.3. Gibson was a case brought by the widow of an inmate. The inmate had been stabbed and killed while in prison. The widow sued Warden Foltz, among other prison officials, claiming that Foltz was deliberately indifferent to inmate safety because he failed to update prison policies intended to protect inmates and staff members and because he failed to follow recommendations in studies showing that a threat of violence existed at the state prison of southern Michigan. The Gibson panel held that \" [a]lthough Foltz and the other defendants were in a position to monitor the conditions at the prison, the defendants' alleged failure to lessen the threat of violence within the prison does not rise to the level of wantonness that is required to find an Eighth Amendment violation.\" Gibson, 963 F.2d at 854. The panel explained: There was no evidence that the defendants knew that Gibson was in danger or that any specific dangerous condition existed on 4 Block East. Failure to supervise adequately, especially without a showing that the defendants were aware that subordinates had failed to carry out prison policies, does not constitute a wanton infliction of pain. Id. When the instant case was remanded, the district court entertained a second motion for summary judgment. Citing Gibson v. Foltz, the court held that \"there was an established prison policy directive that dictated a review of files by counselors and deputy wardens before issuance of a transfer order.\" See J.A. at 291 n.5. Moreover, the district court held that \" [t]here is no evidence that Foltz was aware that his subordinates were not properly reviewing transfer orders generally or that plaintiff's file in particular had been inadequately reviewed.\" See J.A. at 290. The court concluded that if there were any deliberate indifference in this case, it was on the part of Foltz's subordinate and a claim would have to be pursued against that person. The subordinate in question, however, had been dismissed from the case earlier for lack of service. We review the district court's grant of summary judgment de novo, using the same standard as that used by the district court. See Moore v. Philip Morris Cos., 8 F.3d 335, 339 (6th Cir. 1993). When deciding a motion for summary judgment, a district court should view the evidence in the light most favorable to the nonmoving party and draw all reasonable inferences in favor of the nonmoving party. See United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S. Ct. 993, 994, 8 L. Ed. 2d 176 (1962). 2/21/25, 7:42 Timothy Taylor, Plaintiff-appellant, v. Michigan Department of Corrections, et al., Defendants-appellees, 69 F.3d 76 (6th Cir. 1995) :: \u2026 4/18 The most recent Supreme Court pronouncement on Eighth Amendment claims arising from unconstitutional conditions of confinement is Farmer v. Brennan, --- U.S. ----, 114 S. Ct. 1970, 128 L. Ed. 2d 811 (1994). That case also involved the rape of an inmate. The plaintiff in that case, a preoperative transsexual, was transferred from a Federal Correctional Institute to a penitentiary and raped soon after his arrival. The plaintiff claimed that the wardens and officials in the two prisons acted with deliberate indifference to the plaintiff's safety in violation of the Eighth Amendment because they knew that the penitentiary had a violent environment and a history of inmate assaults and that plaintiff would be particularly vulnerable to sexual attack if placed in the general inmate population. The Supreme Court held that \"a prison official cannot be found liable under the Eighth Amendment for denying an inmate humane conditions of confinement unless the official knows of and disregards an excessive risk to inmate health or safety; the official must both be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, and he must also draw the inference.\" Id. at ----, 114 S. Ct. at 1979.III. Analysis genuine issue of material fact exists about Foltz's awareness of his subordinates' failure to review properly transfer orders. The issue is whether there is enough evidence in the record that would allow a reasonable jury to conclude that Warden Foltz failed to take reasonable steps to ensure that vulnerable inmates like plaintiff would not be transferred to a facility where a substantial risk of serious harm existed. Foltz had responsibility for reviewing and approving all transfers of prisoners from the State Prison of Southern Michigan, including transfers from the Trustee Division, and it was his responsibility to implement procedures that would protect vulnerable inmates from dangerous transfers. Regulations allowed Foltz to delegate the authority to sign his name on the transfers. Foltz stated that normally the deputy wardens of each complex could sign the transfers. Foltz's testimony from his own deposition reveals that he was aware that his direct designees were redelegating his authority over transfers to lower echelon prison staff without any explicit authorization to do so, that he was not even sure of the procedures for approval of transfers, and that he had no review procedures to determine whether his authority was being abused. See J.A. at 245-47, 260. His testimony certainly presents a jury question about the existence and adequacy of reasonable transfer procedures. Although Foltz indicated in his appellate brief that he had delegated his authority over transfers to the deputy wardens at each complex, Foltz was unable to identify whose initials appeared on the order. See J.A. at 245. There has been no evidence that the initials belonged to Charlie Anderson, the Deputy Warden. Plaintiff suggests that the initials by Foltz's signature could have been placed there by the Assistant Resident Unit Manager. See 2 2/21/25, 7:42 Timothy Taylor, Plaintiff-appellant, v. Michigan Department of Corrections, et al., Defendants-appellees, 69 F.3d 76 (6th Cir. 1995) :: \u2026 5/18 J.A. at 199 n.28; see also Plaintiff's brief at 22. Exactly whose initials appear on the order is disputed, but assuming for purposes of this appeal, as we must, that they are not Charlie Anderson's initials, this indicates that the defects in the transfer process affected Taylor's transfer. Contrary to the findings of the district court, a reasonable jury could conclude that Foltz's own testimony indicates that the operating procedures in reviewing and authorizing transfers were defective and that the defendant was aware of his subordinates' failure to review prison files before authorizing a transfer. Defendant argues that the fact that he delegated responsibility over transfers to subordinates absolves him of liability for plaintiff's injuries. Foltz maintains that \"plaintiff cannot establish liability based on failure to adequately supervise.\" Defendant's brief at 6. It is true, as the Supreme Court has stated, that in a Sec. 1983 action liability cannot be based on a theory of respondeat superior. Monell v. New York City Dep't of Social Servs., 436 U.S. 658, 691, 98 S. Ct. 2018, 2036, 56 L. Ed. 2d 611 (1978) (\"a municipality cannot be held liable under Sec. 1983 on a respondeat superior theory\"). However, this does not automatically mean that a supervisor can never incur liability under Sec. 1983. As this Court made clear in Bellamy v. Bradley: Section 1983 liability will not be imposed solely upon the basis of respondeat superior. There must be a showing that the supervisor encouraged the specific incident of misconduct or in some other way directly participated in it. At a minimum, a Sec. 1983 plaintiff must show that a supervisory official at least implicitly authorized, approved or knowingly acquiesced in the unconstitutional conduct of the offending subordinate. 729 F.2d 416, 421 (6th Cir.), cert. denied, 469 U.S. 845, 105 S. Ct. 156, 83 L. Ed. 2d 93 (1984) (emphasis added). In the instant case, Foltz's own deposition showed that he was aware of and at least acquiesced in the conduct of his subordinates in approving transfers without adequately reviewing the inmate's record. Foltz is not merely a supervisor, but is the official directly responsible both for transfers and for adopting reasonable transfer procedures. This case has more in common with the Sixth Circuit case of Hill v. Marshall, 962 F.2d 1209 (6th Cir. 1992), cert. denied, --- U.S. --- -, 113 S. Ct. 2992, 125 L. Ed. 2d 687 (1993), than it does with Monell. Hill was an inmate who was diagnosed positive for the tuberculin bacteria. After he was transferred to another facility, he was repeatedly denied the preventive medicine previously prescribed to him. Hill filed a Sec. 1983 action against certain officials at the Southern Ohio Correctional Facility, including Terry Morris, the Deputy Superintendent of Treatment. Just as in the present case, Morris objected to the imposition of liability, arguing that he could not be held liable for actions taken in his supervisory capacity and that the plaintiff did not plead 2/21/25, 7:42 Timothy Taylor, Plaintiff-appellant, v. Michigan Department of Corrections, et al., Defendants-appellees, 69 F.3d 76 (6th Cir. 1995) :: \u2026 6/18 and prove Morris' direct personal involvement. The Sixth Circuit rejected this argument, stating: Here, by contrast, Morris is charged with abandoning the specific duties of his position-- reviewing and responding to inmates' complaints about medical needs--in the face of actual knowledge of a breakdown in the proper workings of the department. Hill does not seek to hold Morris vicariously liable for the head nurse's misconduct. Rather, Morris personally had a job to do, and he did not do it. His failure to do his job resulted directly in a violation of the plaintiff's Eighth Amendment right. 962 F.2d at 1213. In the instant case Foltz is charged with abandoning the specific duties of his position-- adopting and implementing an operating procedure that would require a review of the inmate's files before authorizing the transfers--in the face of actual knowledge of a breakdown in the proper workings of the department jury could find on the facts that Foltz personally had a job to do, and that he did not do it jury could find that the fact that Foltz was under constant pressure to transfer inmates due to overcrowding would not excuse his failure to adopt reasonable policies to insure that the transferees were not placed in grave danger of rape. See Redman v. County of San Diego, 942 F.2d 1435, 1446-47 (9th Cir. 1991) (holding that where a supervisor implements an unconstitutional policy, liability is direct, not vicarious), cert. denied, 502 U.S. 1074, 112 S. Ct. 972, 117 L. Ed. 2d 137 (1992). In sum, a triable question exists about whether Foltz properly discharged his duty. Foltz's related argument, that he cannot be liable because he had no personal knowledge of Taylor's particular vulnerabilities to sexual assault, also fails. Farmer makes it clear that the correct inquiry is whether he had knowledge about the substantial risk of serious harm to a particular class of persons, not whether he knew who the particular victim turned out to be. In Farmer, the defendants successfully argued in the district court that they did not possess the required knowledge of potential danger because plaintiff never expressed any safety concerns to them. In the course of reversing and remanding the case, the Supreme Court stated: Nor may a prison official escape liability for deliberate indifference by showing that, while he was aware of an obvious, substantial risk to inmate safety, he did not know that the complainant was especially likely to be assaulted by the specific prisoner who eventually committed the assault.... [I]t does not matter ... whether a prisoner faces an excessive risk of attack for reasons personal to him or because all prisoners in his situation face such a risk. See Brief for Respondents 15 (stating that a prisoner can establish exposure to a 2/21/25, 7:42 Timothy Taylor, Plaintiff-appellant, v. Michigan Department of Corrections, et al., Defendants-appellees, 69 F.3d 76 (6th Cir. 1995) :: \u2026 7/18 sufficiently serious risk of harm \"by showing that he belongs to an identifiable group of prisoners who are frequently singled out for violent attack by other inmates\"). Farmer, --- U.S. at ----, 114 S. Ct. at 1982 (citation omitted). Similarly, in Butler v. Dowd, the Eighth Circuit affirmed the trial court's refusal to grant the prison superintendent, Dowd, a j.n.o.v. even though one of the plaintiffs testified that the superintendent probably did not know about the plaintiff's specific situation until after the sexual assault occurred. 979 F.2d 661, 667 (8th Cir. 1992), cert. denied, --- U.S. ----, 113 S. Ct. 2395, 124 L. Ed. 2d 297 (1993). The court found persuasive that Dowd had signed an affidavit that acknowledged that there is a particular type of inmate who is vulnerable to attack: Plaintiffs in this action are typical of the type of inmate who normally receives such intimidation from other inmates. Plaintiffs exhibit generally passive personalities and are unable to stand up to these inmates threatening them. It is likely that plaintiffs will be subject to such treatment by other inmates wherever they go. Id. at 667 (quoting affidavit). In 1974, Foltz testified that small, youthful prisoners are especially vulnerable to sexual pressure. See People v. Harmon, 53 Mich.App. 482, 485, 220 N.W.2d 212, 214 (1974), aff'd 394 Mich. 625, 232 N.W.2d 187 (1975). Therefore, a reasonable jury could conclude that the information in Taylor's file should have alerted a reviewing official that Taylor belongs to a class that is particularly vulnerable to sexual assault. Accordingly, it is a question for the jury. This is the position that the Magistrate took in her Report and Recommendation, see J.A. at 69, but it was rejected by the District Court. Additionally, plaintiff contends that Foltz actually knew him, thus satisfying Foltz's own self-styled test of knowledge. While it is true that Foltz did not personally authorize the transfer to Camp Pugsley, defendant has introduced evidence that he personally ordered Taylor's transfer a year earlier from a medium security facility to a minimum security facility. See J.A. at 171. During his deposition, Foltz testified that he reviewed prisoners' files if he actually authorized the transfer. See J.A. at 262. Drawing all inferences in favor of the plaintiff, as we must on this motion for summary judgment, the jury could find that Foltz had direct knowledge of plaintiff's characteristics because he personally reviewed Taylor's file the year before the transfer to Camp Pugsley. B. The danger to Plaintiff at Camp Pugsley is a disputed issue of material fact Defendant also contends that Taylor has not introduced evidence proving that Camp Pugsley had more incidents of sexual assault than his former prison. Plaintiff counters that the court appointed expert would have addressed this issue in his report, but the District 2/21/25, 7:42 Timothy Taylor, Plaintiff-appellant, v. Michigan Department of Corrections, et al., Defendants-appellees, 69 F.3d 76 (6th Cir. 1995) :: \u2026 8/18 Court decided that it could rule on a summary judgment motion without the report. The Magistrate Judge's careful report and recommendation unequivocally states that the incidence of rape at the Camp as compared to the prison is an open question of fact: Plaintiff has shown that Defendant Foltz had knowledge of the pervasive risk of harm in the prison system. Although there has been no statistics [sic] submitted by either party as to whether or not there existed a pervasive risk of harm in the particular camp where the sexual assault against Plaintiff occurred, an expert has been appointed by this Court to testify at trial regarding this issue. J.A. at 68 (emphasis added). The Court's expert never got a chance to submit his report. After the case was remanded by the Sixth Circuit following its decision denying Foltz qualified immunity, the District Court entertained a second summary judgment motion. Plaintiff's counsel asked the court to wait for the expert's report before ruling, and persuasively argued that the report was crucial to the question of plaintiff's danger at Camp Pugsley. In his brief in opposition to the defendant's second motion for summary judgment, the plaintiff plainly states: \"The one major area that the expert must review is whether a potential for harm existed at Camp Pugsley in June of 1985. This can only be done through reviewing documents and other matters by the expert.\" J.A. at 208. The district court based its decision on whether Foltz was aware that his subordinates were not properly reviewing prisoner files before issuing transfer orders, not whether the camp was a more dangerous setting for the plaintiff than the prison. The district court evidently thought that the expert's testimony would be relevant on the latter issue or it would not have agreed with the magistrate and ordered the expert's appointment in the first place. As this Court emphasized in Elvis Presley Enters., Inc. v. Elvisly Yours, Inc., \"Mindful of the burden on the nonmoving party to produce evidence showing the existence of a genuine issue of material fact, summary judgment should not be granted unless the nonmoving party has had the opportunity to discover information essential to opposition.\" 936 F.2d 889, 893 (6th Cir. 1991). The report is important not only to establish whether the camp was in fact more dangerous than the prison but also to provide additional evidence of Warden Foltz's knowledge. The Supreme Court explained in Farmer that a jury can legitimately infer that a prison official had knowledge from evidence that the risk was well-known: [I]f an Eighth Amendment plaintiff presents evidence showing that a substantial risk of inmate attacks was \"longstanding, pervasive, well-documented, or expressly noted by prison officials in the past, and the circumstances suggest that the defendant-official being 2/21/25, 7:42 Timothy Taylor, Plaintiff-appellant, v. Michigan Department of Corrections, et al., Defendants-appellees, 69 F.3d 76 (6th Cir. 1995) :: \u2026 9/18 sued had been exposed to information concerning the risk and thus 'must have known' about it, then such evidence could be sufficient to permit a trier of fact to find that the defendant-official had actual knowledge of the risk.\" --- U.S. at ---- - ----, 114 S. Ct. at 1981-82 (citation omitted). The record is clear that plaintiff, prior to summary judgment and again on appeal, repeatedly requested the preparation of the report. The record also indicates that the comparative risk of sexual assault at Camp Pugsley is a disputed issue of material fact. Therefore, the expert must be given an opportunity to conduct an investigation and submit his report. Even if the plaintiff had not attempted to submit more evidence of the risk of sexual assault at the camp, the record still presents a jury question about whether, for prisoners like plaintiff, (1) the conditions at the camp were clearly more dangerous than at the prison, (2) the Warden must have known this, and (3) he was deliberately indifferent to the risk because he did nothing to protect vulnerable prisoners from unsafe transfers review of the record reveals a prison system in crisis. In her Report and Recommendation, the Magistrate reviewed portions of the report prepared by the Michigan State Police in 1973. Portions of the report had already been admitted as evidence in Redmond v. Baxley, 475 F. Supp. 1111, 1122 (E.D. Mich. 1979) and Roland v. Johnson, Case No. 84-CV-7544 (E.D.Mich). The Magistrate found that the \"report established that sexual violence was pervasive in [Michigan Department of Correction's] prison system and dealt with both the prison camps and state prisons.\" J.A. at 67. Moreover, the Magistrate noted that the Magistrate Judge in the Johnson case indicated that the Michigan State Police Report contained sufficient information to determine whether Warden Foltz \"had notice that there was a pervasive problem of sexual pressuring and violence.\" J.A. at 67. The plaintiff introduced into the record a letter dated October 29, 1982, to Governor Milliken, from the Department of Justice, Civil Rights Division. That letter detailed the results of an investigation of prison conditions in Michigan by five outside, independent experts. Among the conditions which the experts believed subjected the inmates to grievous harm in violation of their Eighth Amendment rights was the inadequate security provided to inmates against \"physical and sexual assault, other violence, and extortion.\" J.A. at 278. Plaintiff maintains that Warden Foltz was sent a copy of that letter. Warden Foltz arguably knew about the problem of widespread sexual assaults and knew that smaller, youthful prisoners were more vulnerable to attack than others. He also knew that the camps were less structured than the prisons and that conditions of confinement 2/21/25, 7:42 Timothy Taylor, Plaintiff-appellant, v. Michigan Department of Corrections, et al., Defendants-appellees, 69 F.3d 76 (6th Cir. 1995) :: \u2026 10/18 were more open in the camps' barracks-style lodging than in Trustee Division. From this, a reasonable jury could have concluded that Foltz knew that the risk of sexual assault was inherently greater at the camp. As the Farmer Court stated, \"Whether a prison official had the requisite knowledge of a substantial risk [is] a question of fact subject to demonstration in the usual ways, including inference from circumstantial evidence, and a factfinder may conclude that a prison official knew of a substantial risk from the very fact that the risk was obvious.\" --- U.S. at ----, 114 S. Ct. at 1981. Because this is a question of fact for the jury, summary judgment is not appropriate. In 1910 Winston Churchill coined a phrase and recognized an obvious truth when he said that the \"treatment of crime and criminals is one of the most unfailing tests of civilization of any country.\" In Farmer, the Supreme Court applied the same idea to prison rapes, saying that \"gratuitously allowing the beating or rape of one prisoner by another serves no 'legitimate penological objectiv [e],' any more than it squares with 'evolving standards of decency.' \" Farmer, --- U.S. at ----, 114 S. Ct. at 1977 (citations omitted). Prisons are dangerous places because they house dangerous people in congested conditions. But the Eighth Amendment to the Constitution mandates that prison officials maintain humane conditions of confinement and take reasonable measures to guarantee the safety of inmates. Their duty includes protecting prisoners from violence at the hands of other prisoners: \" [H]aving stripped [prisoners] of virtually every means of self-protection and foreclosed their access to outside aid, the government and its officials are not free to let the state of nature take its course.\" Id. Our review of the record in this case indicates that there are disputed questions of material fact concerning whether Warden Foltz had any procedures in place to review transfer orders to insure that his authority over transfers was not being abused and to insure that inmates' files were being properly examined before transfer. Triable issues of fact also exist as to whether plaintiff falls into that category of inmates especially vulnerable to sexual assault, whether plaintiff was subjected to a substantial risk of serious harm by his transfer to Camp Pugsley, whether Camp Pugsley was in fact more dangerous to prisoners like Taylor than Jackson Prison, and whether Warden Foltz knew of the risk that the camp presented but failed to take reasonable steps to insure that his vulnerable wards were not transferred there. To assist in answering these questions, the district court is instructed to allow the court-appointed expert to prepare his report. We the grant of summary judgment to the defendant and the case for further proceedings consistent with this opinion. So ordered. 3 2/21/25, 7:42 Timothy Taylor, Plaintiff-appellant, v. Michigan Department of Corrections, et al., Defendants-appellees, 69 F.3d 76 (6th Cir. 1995) :: \u2026 11/18 WELLFORD, Circuit Judge, dissenting. In my view, Taylor has failed to present any evidence that would support a finding that Warden Foltz acted with deliberate indifference, and would the district court's grant of summary judgment. Taylor argues that Foltz, as the prison warden, had actual knowledge of his vulnerability to sexual assault from his inmate file, and that Foltz acted with deliberate indifference in ordering his transfer to the barracks-type prison. Taylor's file contained a description of his physical characteristics, including his size, a mild mental retardation, and that he has a seizure disorder and an adjustment disorder. In addition, Taylor's file contained psychological reports that had been prepared as part of his presentence report as was described in the majority opinion. The report warned that \" [t]his offender's mental limitations are certainly factors in his past behavior and will affect his future adjustment.\" Foltz, however, denies any knowledge about Taylor's allegedly particular vulnerabilities to sexual assault. During the period in dispute, Warden Foltz was responsible for overseeing three prison complexes. He claims that he delegated responsibility for transfer decisions between same-level prisons to his deputy wardens at each of the prison complexes for which he was responsible. Thus, although his signature appears on Taylor's transfer orders, it was placed there by a deputy warden who also placed his initials on the transfer. Although the Eighth Amendment \"does not mandate comfortable prisons ... neither does it permit inhumane ones.\" Farmer v. Brennan, --- U.S. ----, ----, 114 S. Ct. 1970, 1976, 128 L. Ed. 2d 811 (1994) (citations omitted). Not \"every injury suffered by one prisoner at the hands of another [however] translates into constitutional liability for prison officials responsible for the victim's safety.\" Id. at ----, 114 S. Ct. at 1977. To bring a successful claim in these prison conditions cases, the inmate must show that the prison officials acted (or failed to act) with \"deliberate indifference\" to his safety or welfare. Id. To meet the deliberate indifference standard, the inmate must show the prison official had \"a sufficiently culpable state of mind.\" Wilson v. Seiter, 501 U.S. 294, 298, 111 S. Ct. 2321, 2324, 115 L. Ed. 2d 271 (1991) (importing a subjective standard into the \"deliberate indifference\" test). Recently, in Farmer, the Supreme Court has held that the test is a subjective one. As pointed out by the majority, the Court stated that a \"prison official cannot be found liable under the Eighth Amendment for denying an inmate humane conditions of confinement unless the official knows of and disregards an excessive risk to inmate health or safety; the official must both be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, and he must also draw the 1 2/21/25, 7:42 Timothy Taylor, Plaintiff-appellant, v. Michigan Department of Corrections, et al., Defendants-appellees, 69 F.3d 76 (6th Cir. 1995) :: \u2026 12/18 inference.\" Farmer, --- U.S. at ----, 114 S. Ct. at 1979 (emphasis added). Simply failing to alleviate a significant risk that he should have perceived but did not is insufficient to ground liability. Id. To survive a summary judgment motion, therefore, Taylor must present some evidence that Warden Foltz failed to act despite his knowledge of a substantial risk of harm. Taylor presents two possible theories on which to ground direct liability. First, Taylor argues that a jury could infer from the evidence in his inmate file that Foltz knew of Taylor's vulnerabilities to sexual assault, but chose to disregard these factors when ordering the transfer. Alternatively, Taylor argues that Warden Foltz knew generally that small, youthful looking prisoners were more likely to be subject to prison assault but was indifferent to these risks and failed to draft policies that protected these inmates from transfers to unsafe prisons. As to Taylor's first argument, he has failed to present enough evidence that would allow a reasonable jury to conclude Warden Foltz knew of Taylor's particular vulnerabilities to sexual assault. Although Foltz had access to Taylor's file, Foltz presented an affidavit that claimed he had delegated responsibility for same-level transfers to the deputy wardens at each of the prison complexes for which he was responsible. Taylor has not presented any information to rebut this claim. On the contrary, prisoner official Bogan actually caused Taylor's transfer as a \"Camp volunteer\" to Camp Pugsley at 268, Exh. 1. The effect of the majority's holding is to expose Foltz to potential liability by way of respondeat superior for the alleged misconduct of Bogan whom Taylor did not properly serve with process in this suit. The theory of respondeat superior may not be used to establish liability under Sec. 1983. See Monell v. Department of Soc. Serv. of New York City, 436 U.S. 658, 691, 98 S. Ct. 2018, 2036, 56 L. Ed. 2d 611 (1978). Additionally, as in Gibson v. Foltz, 963 F.2d 851, 853 (6th Cir. 1992), plaintiff has not made a showing that Foltz acted out of \" [o]bduracy or wantonness,\" as is required in an Eighth Amendment context. \"Lack of due care for a prisoner's safety by prison officials is insufficient.\" Gibson, 963 F.2d at 853. Gibson makes it clear that to hold Foltz potentially liable as warden, he must have \"knowledge\" and thus have intended harm to the prisoner. Id. What has allegedly occurred, though indeed unfortunate and distressing, insofar as Foltz was concerned, did \"not rise to the level of a wanton infliction of pain\" or injury by him. Id. at 854. Again, there is no evidence, no allegation even, that Foltz \"knew that [Taylor] was in danger,\" even though he may have had ultimate responsibility \"to monitor the conditions at the prison.\" Id. at 854 (emphasis added). There was no evidence that Foltz personally was aware that Taylor was likely to be a homosexual attack victim at Camp 2 3 2/21/25, 7:42 Timothy Taylor, Plaintiff-appellant, v. Michigan Department of Corrections, et al., Defendants-appellees, 69 F.3d 76 (6th Cir. 1995) :: \u2026 13/18 Pugsley or that he was \"aware that subordinates had failed to carry out prison policies.\" Id. Hill v. Marshall, 962 F.2d 1209 (6th Cir. 1992), cert. denied, --- U.S. ----, 113 S. Ct. 2992, 125 L. Ed. 2d 687 (1993), cited by the majority as authority for its decision, does not support the extension of supervisory liability under Sec. 1983 under the facts of this case. Hill addresses the nursing supervisor's \"actual knowledge \" in the departmental malfunction, and notes that the supervisor \"personally \" failed to do his job. Id. at 1213 (emphasis added). In addition, Hill was able to offer strong proof of a pervasive pattern of indifference to the inmates' medical needs generally. Id. Morris did not do his job-- \"responding to inmates' complaints about medical needs\"--and thus was held liable. Id. That situation is a far cry from Foltz's non-personal involvement in this case. Butler v. Dowd, 979 F.2d 661 (8th Cir. 1992), cert. denied, --- U.S. ----, 113 S. Ct. 2395, 124 L. Ed. 2d 297 (1993), also cited by the majority, again involved allegations of the deliberate indifference of the warden of that facility, with accompanying proof of a pervasive pattern of rapes in a particular prison. An almost evenly divided en banc court allowed a one dollar damages award against the warden likewise find Butler not to be persuasive under the facts of this case. But even if we were to assume that Foltz had personally reviewed Taylor's file and, thus, had actual knowledge of the information contained therein, that information does not raise a red flag that Taylor was particularly vulnerable to sexual assault. Although the file gives Taylor's physical characteristics and age, it does not mention other characteristics (such as feminine mannerisms or homosexual orientation) that would make him more likely to be a victim of prison rape. Cf. Farmer v. Brennan, --- U.S. ----, 114 S. Ct. 1970, 128 L. Ed. 2d 811 (1994) (pre-operation transsexual with feminine mannerisms). Second, the psychological reports contained within the file do not necessarily lead one to conclude that Taylor is especially vulnerable to rape. These reports describe Taylor as a \"peculiar individual\" and warns that he will have a difficult time adjusting to prison life. No concern is expressed in these reports about the likelihood that Taylor will be subject to sexual pressure in prison. Thus, Foltz's knowledge of the information in Taylor's file does not support the conclusion that Foltz actually knew that this defendant was particularly vulnerable to sexual assault. Taylor's second theory of liability also must fail. He argues that Foltz knew that the category of smaller, youthful prisoners are subject to sexual pressure, but acted with \"deliberate indifference\" in failing to adopt transfer procedures that would prevent them from being transferred to unsafe prisons. 4 2/21/25, 7:42 Timothy Taylor, Plaintiff-appellant, v. Michigan Department of Corrections, et al., Defendants-appellees, 69 F.3d 76 (6th Cir. 1995) :: \u2026 14/18 Indeed, Foltz had previously testified about general vulnerability of small, youthful prisoners. People v. Harmon, 53 Mich.App. 482, 220 N.W.2d 212 (1974), aff'd, 394 Mich. 625, 232 N.W.2d 187 (1975). There was also evidence that a barracks-styled prison would give sexual predators more opportunities to attack these vulnerable inmates than would a single-cell facility. But the existence of that evidence does not mean summary judgment is inappropriate in this case. As Farmer states, the deliberate indifference standard describes \"a state of mind more blameworthy than negligence.\" Farmer, --- U.S. at ----, 114 S. Ct. at 1978. Although the inmate does not have to show that the prison official actually intended for the harm to occur, he must show that the official knew of and disregarded the excessive risk to the inmate's health or safety. Id. at ----, 114 S. Ct. at 1979. The Court's use of the term \"disregard\" in Farmer requires that the prison official (or the state) be able feasibly to alleviate the risk to the inmate cannot agree that we should declare barracks-style prison camps unconstitutional for minimum-security prisoners or youthful, slight prisoners, or that a jury could so find. If Foltz failed to develop special procedures that would have screened small, youthful inmates to try to protect against prospective rapes would deem that failure to be negligent, not deliberate indifference. What type requirements would we impose upon the warden? The factors on which Taylor bases his claim (e.g., \"young-looking,\" \"small\") are far too subjective on which to predicate liability. Unlike the characteristics of the pre-operative transsexual in Farmer cannot agree that Foltz was either aware of, or acquiesced in, approving a transfer, knowing that this would place Taylor in imminent danger. It is simply unreasonable to hold a warden liable for the transfer by a subordinate of a young, slight, mentally troubled prisoner to a prison camp. Even if the characteristics Taylor bases his claim upon are objectively identifiable, the relevancy of this information would also depend on the characteristics of the other inmates already located at the barracks-styled facility. Even this information alone would not be conclusive; a proper analysis of an inmate's ability to protect himself, an evaluation of the inmate's muscle strength, aggressiveness, ability to make allies with other inmates, together with a variety of other unknown factors, would be required would not hold the warden potentially liable as a matter of law under all the circumstances. No reasonable jury could find that Foltz was deliberately indifferent in failing to adopt procedures to accomplish a practical and realistic impossibility taking into account the numbers of prisoners and different prison settings in Michigan. 5 6 2/21/25, 7:42 Timothy Taylor, Plaintiff-appellant, v. Michigan Department of Corrections, et al., Defendants-appellees, 69 F.3d 76 (6th Cir. 1995) :: \u2026 15/18 In my view, the majority is taking a real step towards establishing strict liability against the warden in case of the rape of a youthful, troubled prisoner. It also risks imposing respondeat superior liability against Foltz. There was nothing to prevent Taylor's properly pursuing the deputy warden or resident unit manager responsible for the actual assignment to Camp Pugsley. Accordingly would the district court's decision. 1 Warden Foltz conceded during his deposition that in 1985-86 the prison was overcrowded and admitted that when he received an order that a certain number of inmates be transferred, he was required to find the number of people and transfer them by that date. See J.A. at 261 2 Excerpts from Foltz's deposition raise a question about whether the transfer process was constitutionally defective: Q: Do you know the procedure that would be undertaken in regards to concerning whether an inmate should be transferred or not? Who would first--do the first step? A: It would be the resident unit manager or his assistant--would be the initiator of a transfer. Q: And were they supposed to review, like, the inmate's file to determine whether they met a certain criteria don't recall. Q: If a resident unit manager had filled out a transfer order--and it looks like on Exhibit 1 on the left-hand side, that a Bogan, ARUM--that's assistant resident unit manager; right? A: Yes. Q:--had filled out--initially filled out this form. When it was sent to the deputy warden or somebody that you had designated to sign--you know, to approve the transfers, would they automatically just approve it because the had prepared the order, or would they be required to take additional steps don't recall what--how they operated on that. Q: Well, what would you expect, since you had designated the authority would--the preparer of the transfer would have the records in front of them and would pretty well have the authority to tell me what--which direction to transfer a person would not review the files. Q: And you would not expect, like, your deputy warden to look at the institutional file before approving a transfer? 2/21/25, 7:42 Timothy Taylor, Plaintiff-appellant, v. Michigan Department of Corrections, et al., Defendants-appellees, 69 F.3d 76 (6th Cir. 1995) :: \u2026 16/18 A: Only if the person preparing it made some special statement on there that they should look at some special situation. ... Q: But my question is, did you have any review procedures to insure that that order or authority that you delegated was not being abused by the person that had it? A: No. 3 Addressing the issue of prison reform, Winston Churchill made these remarks before the House of Commons in 1910 while he was Home Secretary 1 It is not apparent from his inmate file that Taylor has youthful looking features, thus allegedly more susceptible to sexual assault 2 The majority concedes that Foltz did not personally authorize the transfer to Camp Pugsley. It concludes, however, that a jury could find Foltz knew of Taylor's particular vulnerabilities to sexual assault because he had personally reviewed the file the previous year when transferring Taylor from a medium-security facility to a minimum security facility find that proposition unconvincing. Foltz was responsible for supervising three prison complexes that house approximately 5,000 inmates. No reasonable jury could conclude that after seeing Taylor's name on a list of inmates to be transferred, Foltz was able to recall the information he had read about Taylor the previous year and deduce that Taylor was at risk at a barracks-styled prison. Although we are required to draw every possible inference in favor of the non-moving party, we are not allowed to stack inference upon inference to preserve an issue for the jury. 3 Whether the alleged misconduct of Bogan was misconduct at all, negligent conduct, or deliberate indifference, we do not decide 4 In another recent case, we described the law in this circuit in a case of this type: At issue here is whether the right to be free from cruel and unusual punishment is violated where prison officials fail to segregate an inmate who has received death threats, threats of assault and arguments with another inmate in the same room. Cf. Danese [v. Asman ], 875 2/21/25, 7:42 Timothy Taylor, Plaintiff-appellant, v. Michigan Department of Corrections, et al., Defendants-appellees, 69 F.3d 76 (6th Cir. 1995) :: \u2026 17/18 F.2d [1239] at 1243-44 [(6th Cir. 1989)]. As of 1985, this court had decided only one case dealing with eighth amendment liability for failure to protect an inmate from assault by another inmate. In Stewart v. Love, 696 F.2d 43 (6th Cir. 1982), an inmate, fearing for his own safety due to rumored threats of harm against him, requested and received a temporary transfer, and upon return to his original unit, informed prison administration of renewed threats, but was beaten so severely as to require hospitalization. Nonetheless, this court found mere negligence. Marsh v. Arn, 937 F.2d 1056, 1067 (6th Cir. 1991) (footnote omitted). The unpublished decision in Roland v. Johnson, No. 90-1343, 1991 84346 (6th Cir. May 22, 1991), cannot, of course, counter the authority of Marsh and Gibson. \" [W]e have held that 'deliberate indifference' of constitutional magnitude may occur when prison guards fail to protect one inmate from an attack by another.\" Walker v. Norris, 917 F.2d 1449, 1453 (6th Cir. 1990) (emphasis added). We have not held a warden similarly liable previously. 5 The deliberate indifference standard doses not impose strict liability on prison officials. Farmer, --- U.S. at ----, 114 S. Ct. at 1977 (not every injury translates into constitutional liability) 6 There is no allegation or showing of any unusual incidence of rape in the Michigan prisons supervised by Foltz. Note the Johnson report, included in the joint appendix at 270-275 Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 2/21/25, 7:42 Timothy Taylor, Plaintiff-appellant, v. Michigan Department of Corrections, et al., Defendants-appellees, 69 F.3d 76 (6th Cir. 1995) :: \u2026 18/18", "7708_102.pdf": "About Board of Directors Contact Classifieds Advertise Issues Store Apartments Near 21, 2025 Professor fired for comments By Lidia Dinkova September 21, 2010 | 8:42pm 2/21/25, 7:42 Professor fired for comments - The Independent Florida Alligator 1/3 Timothy Taylor, a professor of Food and Resource Economics, was fired Friday for making sexually inappropriate and derogatory comments while teaching. Several of Taylor\u2019s students contacted Lisa House, another professor at The College of Agricultural and Life Sciences, in April and said that during case studies on sexual harassment, professor Taylor allegedly \u201cindicated that in some cultures women liked to show their sexuality, dress promiscuously, and wear very revealing clothes,\u201d according to an Investigation Findings report. 2/21/25, 7:42 Professor fired for comments - The Independent Florida Alligator 2/3 Students also alleged that Taylor \u201clooks female students up and down\u201d and once asked a girl to dance to her cell phone ringtone after her phone rang during class. Taylor has worked at since 1980, and witnesses in the report stated that he allegedly said in class that he is a full tenured professor, and he can do whatever he wants. Although Taylor admitted that he made a comment similar to the harassment accusation, he denied allegations that he looked \u201cfemale students up and down.\u201d Taylor had previously been suspended twice for inappropriate behavior and comments to female students. Support your local paper The Independent Florida Alligator has been independent of the university since 1971, your donation today could help #SaveStudentNewsrooms. Please consider giving today \uf111 \uf099 \uf111 \uf39e \uf111 \uf16d \uf111 \uf167 Powered by Solutions by The State News All Content \u00a9 2025 The Independent Florida Alligator and Campus Communications, Inc. 2/21/25, 7:42 Professor fired for comments - The Independent Florida Alligator 3/3", "7708_103.pdf": "Sponsored Stories U.S. University of Florida Professor Fired After Comments About Latin Women Published September 21, 2010 2:01pm Updated January 13, 2015 1:37pm GAINESVILLE, Fla University of Florida professor fired over his comments about how Latin women dress says he plans to challenge his termination. Timothy Taylor is a professor of food and resource economics at UF's Gainesville campus. He was sent a letter of termination Friday that said he \"behaved inappropriately\" toward female students for saying during a lesson about sexual harassment that Latin American women dress more provocatively than American women. Taylor told the Gainesville Sun Monday that he will file a grievance to challenge the termination. He says he was making a point that cultural differences mean Latin American women are more provocative in their business attire than women in the U.S. Taylor had been suspended twice for inappropriate interactions with female students, most recently in 2008. Associated Press \u00b7 Old Hollywood Actress\u2019s Beverly Hills Estate Hits the Market for the First Time in 72 Years Mansion Global Take Look - Designer's Corner Mansion Global [Pics] 10 Food That Unclog Arteries (Most People Ignore) TravelSent Recommended Florida sues Target over moves that allegedly mislead\u2026 04:19 Massachusetts governor takes heat for trying to \u2018hide\u2026 03:05 Los Angeles explains why he doesn't support a\u2026 01:34 Jury selection \u2018monumental\u2019 Luigi Mangion 03:07 Log In Watch 2/21/25, 7:42 University of Florida Professor Fired After Comments About Latin Women | Fox News 1/5 2/21/25, 7:42 University of Florida Professor Fired After Comments About Latin Women | Fox News 2/5 U.S. Crime Immigration Terror True Crime Bryan Kohberger Politics Trump's First 100 Days Senate House Judiciary Foreign Policy Fox News Polls Elections World U.N. 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Conflicts Terrorism Disasters Global Economy Environment Religion Scandals Opinion Media Nation Coverage Entertainment Exclusives Country Music Royals Blake Lively Diddy Game Shows Hot Videos 2/21/25, 7:42 University of Florida Professor Fired After Comments About Latin Women | Fox News 4/5 This material may not be published, broadcast, rewritten, or redistributed. \u00a92025 News Network, LLC. All rights reserved. Quotes displayed in real-time or delayed by at least 15 minutes. Market data provided by Factset. Powered and implemented by FactSet Digital Solutions. Legal Statement. Mutual Fund and data provided by Refinitiv Lipper. Sports College Football Golf Tennis Soccer Lifestyle Health Travel Food & Drink Games & Quizzes Deals Business Personal Finance Economy Markets Watchlist Lifestyle Real Estate Tech Science & Tech Air & Space Security Innovation Video Games Military Tech Planet Earth Wild Nature Games Daily Crossword Puzzle Crazy Crystals Match 3 Game Word Search Mini Crossword Puzzle Stack and Match Block Puzzle 5 Across the Letter Word Game Watch Live News Shows Programming Schedule On Air Personalities Full Episodes Show Clips News Clips About Contact Us Careers Fox Around the World Advertise With Us Media Relations Corporate Information Compliance Apps & Products News Go Weather Nation Noticias News Shop News Radio Outkick Newsletters Podcasts Updated Terms of Use New Privacy Policy Your Privacy Choices Closed Caption Policy Help Contact Us Accessibility Statement 2/21/25, 7:42 University of Florida Professor Fired After Comments About Latin Women | Fox News 5/5", "7708_104.pdf": "professor fired after comments on Latin women Published 8:29 a.m Sept. 21, 2010 University of Florida professor fired over his comments about how Latin women dress says he plans to challenge his termination. Timothy Taylor is a professor of food and resource economics at UF's Gainesville campus. He was sent a letter of termination Friday that said he \"behaved inappropriately\" toward female students for saying during a lesson about sexual harassment that Latin American women dress more provocatively than American women. Taylor told the Gainesville Sun Monday that he will file a grievance to challenge the termination. He says he was making a point that cultural differences mean Latin American women are more provocative in their business attire than women in the U.S. Taylor had been suspended twice for inappropriate interactions with female students, most recently in 2008. ___ Information from: The Gainesville Sun, 2/21/25, 7:42 professor fired after comments on Latin women 1/1", "7708_105.pdf": "professor fired after comments about women An investigation said he behaved inappropriately toward students. Nathan Crabbe Staff writer Published 6:09 p.m Sept. 20, 2010 The University of Florida has fired a professor for saying during a lesson about sexual harassment that Latin American women dress more provocatively than U.S. women. Timothy Taylor, a professor of food and resource economics, was sent a letter of termination Friday. An accompanying investigation found that he behaved inappropriately toward female students and made a mockery of the sexual harassment lesson, with one witness claiming he made an inappropriate comment about how Latin American women dress. Food and resource economic Chairman Ray Huffaker wrote in the termination letter that Taylor previously had been suspended twice for inappropriate interactions with female students, most recently in 2008, and warned that any remotely similar incidents would result in him being fired. \"The University's investigation finds that your comments had the purpose or effect of embarrassing female students and, even after the opportunities you had to change your improper behavior, you persist in making inappropriate comments of a sexual nature,\" Huffaker wrote. Taylor said Monday that he's filing a grievance to challenge his termination. He said he was making a point that cultural differences mean Latin American women are more provocative in their business dress than women in the U.S. He referred to the recent controversy involving a Mexican television reporter covering the New York Jets as supporting his point. Preventing professors from speaking freely about such issues, he said, stifles academic freedom. 2/21/25, 7:42 professor fired after comments about women 1/2 \"If we can't go into a classroom and challenge people's beliefs and challenge them to be critical thinkers and maybe feel uncomfortable sometimes, how are we going to get them to think outside the box?\" Taylor said. He said the class, contemporary issues in agribusiness management, is a capstone class meant to prepare students for the real world. He previously headed the Faculty Senate's committee on academic freedom but said he was forced to resign because it might hear his case. According to the investigation, another food and resource economics professor reported in April that several students came to her with allegations that Taylor had made inappropriate comments. In addition to the comment about Latin American women, witnesses said he made female students in the class feel uncomfortable by looking them up and down and once asked a female student to dance to her ringtone after her cellular phone rang in class. In 2008, he was suspended for making inappropriate comments to and touching female students. Taylor said the incident involved a party at his house in which he tousled a student's hair. No information was immediately available about the other previous incident, which Taylor said happened 15 years ago. He had been employed at since 1980. Taylor denies the recent allegations, saying the investigation was flawed and the statements blown out of proportion by people who want to get rid of him. \"They have no case will win, and will be reinstated,\" he said. Contact Nathan Crabbe at 338-3176 or [email protected]. 2/21/25, 7:42 professor fired after comments about women 2/2"} |
8,678 | Michael Chaddock | Michigan State University | [
"8678_101.pdf"
] | {"8678_101.pdf": "Looking for the hospital College of Veterinary Medicine Related Sites Home News Posted April 24, 2017 Tweet Dr. Michael Chaddock, associate dean for Administration at the College of Veterinary Medicine, has been awarded the 2017 LGBT+ Veterinary Awareness Award from the Broad Spectrum Veterinary Student Association. The award is given to individuals who go above and beyond to provide support and ensure inclusivity regardless of sexual orientation, gender identity, or gender expression in veterinary academia. Chaddock was one of six individuals in the country to receive the award. Broad Spectrum is a student association that aims to connect, support, and empower a community for veterinary students and allies in North America and the Caribbean. The LGBT+ Veterinary Awareness Award seeks to recognize those who have demonstrated commitment to Broad Spectrum\u2019s mission by developing awareness of the community and its importance within the realm of veterinary education and practice. Chaddock currently serves as the vice president for the Lesbian and Gay Veterinary Medical Association, where he focuses on fostering acceptance and inclusivity for people of all sexual orientations and gender identities within the veterinary medical profession. He has been a long-time faculty advisor and mentor to veterinary medical students at Texas University and Michigan State University. Share Share Share News & Events News Events & Seminars Blog - Vetschool Tails Insights Magazine Perspectives Magazine Annual Reports Videos Search... About About About Future Students Future Students Future Students Students Students Students Departments Departments Departments Research Research Research Faculty & Staff Faculty & Staff Faculty & Staff Friends & Alumni Friends & Alumni Friends & Alumni News & Events News & Events News & Events 2/21/25, 7:43 Chaddock Honored with LGBT+ Veterinary Awareness Award | College of Veterinary Medicine at 1/3 Spartan365 Outlook D2L Clerkship Scheduler Examsoft Echo360 WebView Online Orders InsideCVM (Intranet Connect to Protect College Home About Future Students Students Departments Research Faculty & Staff Alumni News & Events Hospital Hospital Home About Clients Veterinarians Services Emergency Resources Directory Accident/Incident Information Open Positions at Post a Career Opportunity for Students Information Technology Library Veterinary Resources Community Facebook \ue001 Twitter \ue004 Instagram \ue205 Linkedin \ue002 Location Map and Directions Quick Links Chaddock was nominated for his lectures on advocacy and wellness and his dedication to promoting inclusiveness within the veterinary community. Chaddock has given lectures across North America at conferences and colleges of veterinary medicine. This April, he gave two lectures on wellness at the College of Veterinary Medicine as part of the College\u2019s pride month celebration. \u201cThis is an amazing honor for Dr. Chaddock,\u201d said Hilda Mejia Abreu, assistant dean for Admissions, Scholarships, Diversity, and Inclusion. \u201cHe has worked tirelessly to advocate for the community, and we are thrilled he is being recognized for his efforts.\u201d 2/21/25, 7:43 Chaddock Honored with LGBT+ Veterinary Awareness Award | College of Veterinary Medicine at 2/3 Contact Information Site Map Privacy Policy Site Accessibility is an affirmative-action, equal-opportunity employer. Call MSU: (517) 355-1855 Visit: msu.edu WILL. \u00a9 Michigan State University 2/21/25, 7:43 Chaddock Honored with LGBT+ Veterinary Awareness Award | College of Veterinary Medicine at 3/3"} |
7,371 | Jim Selbe | Hopkinsville Community College | [
"7371_101.pdf"
] | {"7371_101.pdf": "Former President Resigns from Amid Allegations of Harassment | By John Null Published January 29, 2015 at 2:59 The former president of Hopkinsville Community College has now resigned from the Kentucky Community and Technical College System entirely after a sexual harassment complaint was filed against him. Donate Lie Down Saya Gray - Recorded Live for World\u2026 2/21/25, 7:43 Former President Resigns from Amid Allegations of Harassment 1/9 Amid an internal investigation and placed on paid leave on January 5, Jim Selbe resigned his position as special assistant to the chancellor effective January 19, following what he calls in his resignation letter a \u201ctotally untrue, completely fabricated, anonymous complaint have come to the conclusion that these anonymous and baseless complaints will likely not cease, but instead create continued grief for me, my family and KCTCS,\" Selbe said in the letter flatly refuse to allow that to happen. Therefore, it is with the paradox of disappointment and relief that tender my resignation received a complaint from a staff member on December 19 detailing inappropriate behavior by Selbe. He is alleged to have touched the co-worker\u2019s legs and thighs on more than one occasion, saying, \u201cGod wants it that way.\u201d The complaint also says know he\u2019s in with J. Box and has gotten away with this before in Hopkinsville.\u201d Jay Box took over as president earlier this month, after serving as the system's chancellor since July 2009. While president at in 2013, Selbe asked to be reassigned in the system following a period of unpaid administrative leave for employee misconduct spokeswoman Kristi Middleton says that Selbe\u2019s duties are being shifted to interim chancellor George Edwards. Tags Education JIm Selbe Dr. Jim Selbe Jay Box george edwards John Null John Null is the host and creator of Left of the Dial. From 2013-2016, he also served as a reporter in the newsroom. See stories by John Null Lie Down Saya Gray - Recorded Live for World\u2026 2/21/25, 7:43 Former President Resigns from Amid Allegations of Harassment 2/9 Lie Down Saya Gray - Recorded Live for World\u2026 2/21/25, 7:43 Former President Resigns from Amid Allegations of Harassment 3/9 Learn All About Vehicle Donation! Lie Down Saya Gray - Recorded Live for World\u2026 2/21/25, 7:43 Former President Resigns from Amid Allegations of Harassment 4/9 Lie Down Saya Gray - Recorded Live for World\u2026 2/21/25, 7:43 Former President Resigns from Amid Allegations of Harassment 5/9 Looking for Something to Do? Search Local Events Related Content Lie Down Saya Gray - Recorded Live for World\u2026 2/21/25, 7:43 Former President Resigns from Amid Allegations of Harassment 6/9 Education audit reveals no criminal wrongdoing, but need for greater financial controls November 13, 2024 Business & Economy Report shows impact of Kentucky Community and Technical College System on state economy February 8, 2024 Education Ryan Quarles among finalists to lead Kentucky's community and technical colleges September 13, 2023 Lie Down Saya Gray - Recorded Live for World\u2026 2/21/25, 7:43 Former President Resigns from Amid Allegations of Harassment 7/9 Stay Connected \u00a9 2025 Mission Privacy Policy Public Media Code of Integrity Frequencies Support Terms of Use Lie Down Saya Gray - Recorded Live for World\u2026 2/21/25, 7:43 Former President Resigns from Amid Allegations of Harassment 8/9 2/21/25, 7:43 Former President Resigns from Amid Allegations of Harassment 9/9"} |
7,732 | John Scott | University of Hawaii - Hilo | [
"7732_101.pdf"
] | {"7732_101.pdf": "Comment, blog & share photos Log in | Become a member Posted on: Thursday, February 7, 2002 to pay $138,000 to settle sex suit By Kevin Dayton Advertiser Capitol Bureau Chief The University of Hawai'i has reached a settlement with a student who said she was sexually harassed by her UH-Hilo biology professor in 1998. The university agreed to pay more than $138,000 to settle a lawsuit by Tammy Silva, who charged associate biology professor John Scott touched her breasts, sent her pornographic material by e- mail and offered to give her good grades in exchange for sexual favors seven-month investigation by the university found there was no sexual harassment in the case, but there was an \"inappropriate relationship,\" according to testimony submitted to lawmakers this week. Robert Crudele, Silva's lawyer, said a settlement was also reached to close out claims against Scott, but the terms of that settlement are confidential. Silva said the university showed deliberate indifference to discrimination by taking seven months with the inquiry, and charged that the university had information about prior sexual harassment by Scott and failed to address the problem. Lawyers for Scott and the argued that there was no sexual harassment and that the university responded properly to the allegations jury was unable to reach a verdict in a federal court trial last year, and the two sides renewed settlement negotiations after the case ended in a mistrial 2010 The Honolulu Advertiser. All rights reserved. Use of this site signifies your agreement to the Terms of Service and Privacy Policy/Your California Privacy Rights , updated March 2009 r i d a y e b r u a r y 2 1 , 2 0 2 5 Find what you are looking for ... Search 2/21/25, 7:43 to pay $138,000 to settle sex suit | The Honolulu Advertiser | Hawaii's Newspaper 1/1"} |
7,895 | Jason Fritzler | Weber State University | [
"7895_101.pdf",
"7895_102.pdf",
"7895_103.pdf"
] | {"7895_101.pdf": "trove of sexually charged messages is at the core of Weber State University\u2019s investigation into a former professor \u2014 but the prof says they were fabricated By Paighten Harkins | Jan. 27, 2018, 5:00 a.m. | Updated: Jan. 28, 2018, 4:53 p.m former professor at Weber State University is suing the Ogden school for how it handled an allegation of sexual harassment from a student in his class. Although pages of emails and other electronic messages were used as evidence in the case, Jason Fritzler, who taught microbiology before resigning last year, maintains he didn\u2019t and couldn\u2019t have sent the messages to the student, his attorney Brian Jackson told The Salt Lake Tribune this week. Fritzler alleges the sexually charged messages were fabricated, and denies the female student\u2019s assertion that they had sexual relations on several occasions. Rep Utah's Complicated History with National Monuments Comment 2/21/25, 7:44 trove of sexually charged messages is at the core of Weber State University\u2019s investigation into a former professor \u2014 but the prof\u2026 1/10 In fact, the lawsuit filed Tuesday in Utah\u2019s U.S. District Court, focuses on the university, its policy for investigating the accusation and its lack of \u201cimpartiality\u201d throughout the process, Jackson said. Weber State University officials, in a statement provided to The Tribune, denied any wrongdoing and said they intend to \u201cvigorously defend the case in court case built on false evidence? University officials, when asked about the allegations of fabricated evidence and whether they attempted to authenticate it, provided a short statement, saying they deny the allegations in the lawsuit. They directed further questions to the Attorney General\u2019s Office. The following information was taken from the lawsuit, unless otherwise noted. The university began investigating Fritzler in January 2017 after it received a complaint from a student saying Fritzler had been sexually harassing her. Fritzler first learned of the investigation Jan. 27, 2017, when he met with Barry Gomberg, executive director of Affirmative Action and Equal Opportunity for the university. Gomberg went over some of the student\u2019s accusations of sexual contact between the two, which Fritzler denied. During the meeting, Fritzler began to make sense of a some recent oddities in his life and relayed them to Gomberg. For instance, on Jan. 20, 2017, a person claiming to be one of Fritzler\u2019s students messaged his wife (who is a plaintiff in the lawsuit) on Facebook, saying she and Fritzler were having an affair. The person later revealed he was the student\u2019s husband. Fritzler\u2019s wife eventually spoke on the phone with the student, who asserted she could describe the inside of the Fritzlers\u2019 home and a birthmark on his stomach as proof of the affair. Report This Ad 2/21/25, 7:44 trove of sexually charged messages is at the core of Weber State University\u2019s investigation into a former professor \u2014 but the prof\u2026 2/10 But the lawsuit says the student could describe only an area of the home that can be seen through the front window. Fritzler drew a connection between that and unexplained tire tracks in their driveway and footprints leading to their back gate. Another time, he said, his dog urinated on their carpet. \u201cThe dog never does this unless the dog is mad or scared at something,\u201d according to the lawsuit, which adds that the Fritzlers \u201chighly suspect that someone was unlawfully in their home.\u201d Gomberg reportedly \u201ddemanded\u201d Fritzler should go to police about the unusual activity at his home. When Fritzler spoke to police, they said there was nothing they could do because there was no longer any evidence. (The university later found Fritzler in violation of their anti-retaliation policy, even though Fritzler said Gomberg told him that going to police wouldn\u2019t be considered retaliation.) During the meeting, Frtizler also explained that the student saw his birthmark in class when he dried his hands on his shirt during an experiment. Before he left Gomberg\u2019s office, Fritzler learned a no-contact order had been entered between him and the student, who was continuing to take classes at the university, according to the lawsuit. Later in the investigation, university officials released to Fritzler 137 pages of emails, and 90 pages of messages sent through an internal university system that Fritzler and the student purportedly exchanged. Fritzler, who said his accounts could have been hacked, insisted he never saw any of the messages before the university provided them to him. Jackson said many of the messages were sent late at night, when Fritzler was sleeping and the student was at work, or when Fritzler was in meetings or teaching classes. On Thanksgiving 2016, the messaging was \u201crelentless,\u201d Jackson said, even though Fritzler was reportedly with his wife and friends. 2/21/25, 7:44 trove of sexually charged messages is at the core of Weber State University\u2019s investigation into a former professor \u2014 but the prof\u2026 3/10 Toward the end of November 2016, the messages show Fritzler and the student would chat \u201cevery single day and almost every single hour.\u201d \u201cThis would infer that Professor Fritzler had his cellphone or computer on him nonstop and was messaging during meetings with faculty, during classes, meeting with students, preparing for classes, working with students, and spending time with his wife and friends,\u201d according to the lawsuit. Sometimes the messages would reference things that weren\u2019t true, like Fritzler having another wife, or owning a veterinary clinic. Sometimes the student would respond to her own messages as if she were Fritzler, from her own email address, Jackson said. Despite that, the university assumed the messages were authentic. The professor went through the messages \u2014 which were reproduced in text files \u2014 labeling what he was doing when they were sent, Jackson said. The student also provided university investigators with dates and times of when she and Fritzler allegedly had sexual relations. All are times that Fritzler asserts he couldn\u2019t have been with her. On Dec. 5, he was at work and had meetings with students and colleagues before a final exam in one of his classes. On Dec. 12, he was with his wife. On Dec. 20, he was also with his wife, this time Christmas shopping. On Jan. 17, he was with his wife and her family at home. Jackson alleges the university never looked into those discrepancies. And although the university found that Fritzler\u2019s computer had not been \u201cphysically\u201d hacked, the university never looked into the possibility that his computer or accounts had been remotely hacked. That\u2019s puzzling, Jackson said, because after one meeting with Gomberg, Fritzler received a message from his own email address stating, \u201cHeard it didn\u2019t go well with Gomborg [sic], well it won\u2019t get any better.\u201d Fritzler received similar messages from his own email at least two more times. 2/21/25, 7:44 trove of sexually charged messages is at the core of Weber State University\u2019s investigation into a former professor \u2014 but the prof\u2026 4/10 When asked why he believed the student would go to such lengths to implicate Fritzler, Jackson said he believes she wanted to skip a prerequisite class, organic chemistry, which she had failed multiple times, so she could graduate in microbiology. Amid the investigation, university officials allowed the student to skip the prerequisite class. It is unclear if the student did graduate. Problems with process Despite the oddities surrounding the evidence, Jackson said the main concern of the lawsuit is how the university investigated the complaint. The lawsuit alleges the university violated Fritzler\u2019s constitutional right to due process, his right to respond to allegations brought against him and review evidence, his right to a hearing, his right to be tried before colleagues, his right to have the accuser present the case and be cross-examined, and his right to the presumption of innocence. University Provost Madonne Miner, who is named in Fritzler\u2019s lawsuit, issued a finding in June 2017 that Fritzler was in violation of the university\u2019s consensual relations policy, rather than sexual harassment, according to the lawsuit. Fritzler announced his resignation April 21 and left the university June 30. According to Weber State officials, \u201c[Fritzler] did not avail himself of the full internal review process to which all university faculty members are entitled before submitting his resignation. The university internal review procedures are continuing, and he is able to participate in that process.\u201d The lawsuit accuses Gomberg and the university of libel and slander for their purported role in telling Fritzler\u2019s colleagues he was guilty of the allegations against him. Fritzler also alleges that Gomberg admitted writing the student\u2019s harassment complaint, which Fritzler maintains contains \u201cdefamatory material.\u201d 2/21/25, 7:44 trove of sexually charged messages is at the core of Weber State University\u2019s investigation into a former professor \u2014 but the prof\u2026 5/10 Fritzler is also suing in connection with a host of other issues, including disclosure of embarrassing private facts, breach of fiduciary duty, sexual harassment, wrongful termination and intentional infliction of emotional distress. Fritzler, who is now teaching at West Texas University in Canyon, Texas, and his wife, Camille Fritzler, are seeking more than $27 million in damages. [email protected] Follow @PaightenHarkins Donate to the newsroom now. The Salt Lake Tribune, Inc. is a 501(c)(3) public charity and contributions are tax deductible Safety, nuclear waste, water use: Here\u2019s what you need to know about Utah\u2019s nuclear push Report This Ad 2/21/25, 7:44 trove of sexually charged messages is at the core of Weber State University\u2019s investigation into a former professor \u2014 but the prof\u2026 6/10 \u2018The teachings of Jesus Christ are a whole lot closer to the teachings of Madison,\u2019 scholar says, \u2018than to the teachings of MAGA.\u201d This is not \u2018real collaboration Mayor Mendenhall pushes back against state lawmakers over policing bill Sean \u2018Diddy\u2019 Combs Sells Los Angeles Home of His Late\u2026 Mansion Global | Sponsored Mexican Designer Daniel Valero on the Power of Color and\u2026 Mansion Global | Sponsored Best Universities For An Degree In The Degrees | Search Ads | Sponsored Pakistan: The Cost Of Solar Panels May Surprise You(See Prices) Search Ads | Sponsored Discover the Magic of Mexico with Our Vacation Deals Mexico Vacation | Search Ads Mexico Vacation | Sponsored [Pics] This Is Common in Dubai, And It Happens Every Day Novelodge | Sponsored [Pics] World\u2019s First Surviving Septuplets \u2013 Look At Them 20 Years Later Journalistate | Sponsored 2/21/25, 7:44 trove of sexually charged messages is at the core of Weber State University\u2019s investigation into a former professor \u2014 but the prof\u2026 7/10 Trump weighing Hill Air Force Base as immigrant detention hub, base leaders have \u2018not received anything official\u2019 Their kids died in Utah teen treatment programs. Now, these parents are asking Utah lawmakers to beef up oversight. \u2018The pope is fine,\u2019 doctors say, but \u2018not out of danger\u2019 Trump may use Hill Air Force Base, other military sites to detain migrants Utah dies in Idaho reservoir helicopter crash Facebook Twitter Instagram YouTube Subscribe to print + digital Subscribe to digital only Digital access for print subscribers Email newsletters Login to your print account Login to your digital account Subscription FAQs Help and contact info Gift Subscriptions 700-Year-Old English Castle Selling for the First Time Ever, Asking \u00a321 Million Mansion Global | Sponsored [Photos] Her Dress At The Oscars Will Be Spoken About For Centuries Topbunt | Sponsored [Story] Blind husband regains his sight, but doesn't tell his wife and he realizes he's been lied to for\u2026 Novelodge | Sponsored 2/21/25, 7:44 trove of sexually charged messages is at the core of Weber State University\u2019s investigation into a former professor \u2014 but the prof\u2026 8/10 History and mission Our nonprofit model Board and advisers Officers and staff Supporters Donors and tax filing Privacy policy California privacy Editorial policies and ethics Advertise with us Legal notices Store Podcasts Archives Story Tips Support The Tribune Donate Cookie Preferences Commenting Policy Report a missed paper by emailing [email protected] or calling 801-237-2900 For e-edition questions or comments, contact customer support 801-237-2900 or email [email protected] sltrib.com \u00a9 1996-2025 The Salt Lake Tribune. All rights reserved. 2/21/25, 7:44 trove of sexually charged messages is at the core of Weber State University\u2019s investigation into a former professor \u2014 but the prof\u2026 9/10 2/21/25, 7:44 trove of sexually charged messages is at the core of Weber State University\u2019s investigation into a former professor \u2014 but the prof\u2026 10/10", "7895_102.pdf": "Quotable... \u201cWise men say, and not without reason, that whoever wished to foresee the future might consult the past. \u201d -- Niccol\u00f2 Machiavelli Having trouble viewing this email? View it in your browser. Case in Point: Lessons for the proactive manager January 2018 Vol. 10 No. 01 Before we jump into our review of the events of 2017 wanted to speak briefly about last month's column. In the nine years of publishing this newsletter, the topic of ''stupid rules'' generated more comments from readers at a wide variety of institutions than any other. I'm not sure what that means other than perhaps we all need to evaluate some things also wanted to say greatly appreciated the feedback and interaction from those of you who responded. While our subscriptions grow each month, it is always nice to hear what you think. Please drop me an email if something we publish here resonates with you. As we do each year, we will review the stories from 2017 and look for emerging risk trends and perhaps even make a few predictions of what may be coming next. We linked 491 stories in total last year. By category they break down as follows: Information Security & Technology: 14% (up 5% from 2016) Fraud & Ethics: 14% (down 2% from 2016) Compliance & Legal: 43% (up 4% from 2016) Campus Life & Safety: 28% (down 2% from 2016) Other: 1% (down 1% from 2016) As we have seen for several years, the Compliance & Legal category continues to have the largest number of stories we see and link. There is no doubt our industry is among the most (if not the most) regulated out there, and while there have been discussions on ways to ease this burden, we haven't really seen much relief come to fruition. We shall see if that occurs during 2018, although in my opinion, national scandals that generate major media attention reduce the likelihood relief will occur. Unfortunately, there have been several during 2017 and now continuing in 2018. Next month we will dive into the Information Security & Technology category. Until then, we invite you to review the events of the past month across higher education with the view toward proactive risk management. As always, we welcome your comments. 2/21/25, 7:44 Case In Point 1/11 M. Kevin Robinson Associate Vice President Office of Audit, Compliance & Privacy Information Security & Technology Events Jan 26, 2018: The University of Baltimore has added protections to personal student data that officials had left unsecured possibly for years, according to a state audit released this month. The information on 117,793 students was kept in text form in a database that contained names, addresses, dates of birth and Social Security numbers. The lapse was discovered during a routine audit by the Department of Legislative Services' Office of Legislative Audits. (link) Jan 24, 2018: An Arizona man was sentenced to six months in prison on Wednesday after he pleaded guilty to hacking into over 1,000 email accounts at Pace University in New York in an attempt to download sexually explicit photos and videos. Jonathan Powell was arrested in November 2016. Prosecutors said at the time that Powell used password reset tools to change the passwords for more than 1,000 accounts at two universities, in New York and Pennsylvania. They said he tried to do the same at 75 other institutions. (link) Jan 22, 2018: Stephanie Jass, a \"Jeopardy!\" champion and former Adrian College professor, took advantage of a campus-wide password reset to access the email accounts of President Jeffrey Docking, and outgoing Vice President Agnes Caldwell, according to a Michigan State Police report. As a result, Jass had a document \"that consisted of notes and comments and 'problems'\" regarding faculty members, a fellow professor told a detective. (link) Jan 18, 2018: The University of Central Florida has agreed to spend an additional $1 million annually to protect students' and employees' personal information, according to a legal settlement reached with former students in the wake of a hacking that exposed 63,000 Social Security numbers agreed to add three information security positions, designate a full-time internal senior information security auditor and tighten access to personal information, as part of the settlement filed in Orange Circuit Court late last year. (link) Jan 12, 2018: Another laptop was apparently stolen from an employee's car. This one was from the education sector, but it contained some student health information and health insurance information. The incident was reported by Montana State University Billings to the Montana Attorney General's Office on January 5, and letters are going out today to affected students. The number of students potentially affected was not indicated in the notification letter. (link) Jan 05, 2018 November data breach at the Oklahoma State University Center for Health Sciences may have provided a third party with Medicaid patient information, according to officials. Patient names, Medicaid numbers, health care provider names, dates of service and limited treatment information might have been included in the breach, which was discovered Nov. 7, according to OSU-CHS. After learning that a third party gained access to folders on a server that stored Medicaid patient billing information, officials removed the folders and terminated the access. They also shut down the affected server, according to the release. (link) Jan 02, 2018: About 1,000 patients at Penn Medicine are receiving letters saying a computer with some of their personal information on it was stolen laptop containing patient files was reported stolen from a car at the King of Prussia Mall parking lot on Nov. 30, according to a spokesperson at the University of Pennsylvania Health System. So far, there is no indication the computer has been turned on or the patient information accessed, they stated. (link) 2/21/25, 7:44 Case In Point 2/11 Fraud & Ethics Related Events Jan 25, 2018 historically black university in Florida has filed a lawsuit against Virginia Union University President Dr. Hakim Lucas. The 164-page lawsuit accuses Lucas and several co- defendants of \"illicit and fraudulent\" misconduct, regarding the role they played in the construction of a dormitory at Bethune-Cookman University (BCU), where Lucas previously served as vice president of institutional advancement. The dorm construction project that could end up costing more than $300 million is the impetus for this lawsuit filed by the college this week in circuit court in Volusia County, Florida. (link) Jan 24, 2018: Two University of Tennessee athletic department employees accepted impermissible golf trips, according to the results of an audit released Wednesday by the Tennessee Comptroller's Office. The report investigated trips that occurred in 2014 and 2016, including a pair of trips to the Masters golf tournament in Augusta, Ga. At least twice in 2016, the report states, UT's director of sports surface management accepted paid golf trips and related entertainment from a department vendor, which is a violation of university policy. University policy doesn't allow employees to accept gifts or entertainment exceeding $75 in value. (link) Jan 23, 2018: David Hutson had it good. An employee of the University of South Carolina's athletics department, he was making $69,125 a year. As part of that job, he had an official university credit card to be used only for business. But unknown to the athletics department, Hutson was using that Visa Bank of America credit card to go on a nonstop internet shopping spree, according to state court and records obtained by Freedom of Information Act requests. (link) Jan 23, 2018 Chinese citizen accused of posing as someone else to take a graduate school entrance exam on her behalf pleaded guilty on Tuesday in a criminal case that arose from U.S. prosecutors investigating international students who use imposters to gain admission to American universities. Xinyan Wang, who was a student at Lehigh Carbon Community College in Pennsylvania, pleaded guilty in federal court in Boston to charges that she misused a passport and committed visa fraud by using counterfeit travel documents to take the exam. (link) Jan 18, 2018: The chief photographer in the University of Tennessee Athletics Department was being paid by other schools to get photos of non athletes while using equipment during work hours, according to a report from the Tennessee Comptroller of the Treasury. The report released Thursday said Page was also using student assistants and some non-students to photograph the non athletes, and paying the assistants in cash. (link) Jan 18, 2018 former Baruch College coach admitted Wednesday to siphoning $700,000 meant for the school's athletic department, authorities said. Machli Joseph, 43, pleaded guilty to embezzlement and misapplication. The onetime basketball coach, who worked in the college's athletic department from 2002 to 2016, repeatedly rented gym facilities to outside parties, ''ostensibly on behalf of Baruch College,'' prosecutors said. (link) Jan 17, 2018: The former treasurer of a University of Oklahoma fraternity has been charged with embezzlement after being accused of withdrawing thousands of dollars from the organization. Jacob Morgan Stephens, 21, is accused of embezzling about $32,000 from the chapter of the Alpha Sigma Phi fraternity, court records show. (link) 2/21/25, 7:44 Case In Point 3/11 Jan 16, 2018 Medaille College employee is being investigated by Buffalo police for an alleged theft of more than $10,000. Matt Carver, Medaille's vice president for business and finance, filed a complaint with police earlier this month stating that an employee in the college's admissions office used a college corporate credit card to make unauthorized personal purchases from October through December. (link) Jan 11, 2018 former administrator at a Columbia University-affiliated school and three students have been accused of running a financial aid kickback scheme that funneled more than $800,000 in stipends into their own pockets, according to law enforcement sources and a criminal complaint. Melanie Williams-Bethea -- who sources said was a financial aid director at Columbia's Teachers College until 2017 -- was charged with conspiracy, wire fraud, bribery and student aid fraud, according to a criminal complaint unsealed Thursday. (link) Jan 03, 2018 former Florida Atlantic University student is accused of enrolling in classes using fraudulent checks and receiving nearly $30,000 worth of refunds after dropping the classes. An police report says 27-year-old Denise Elizabeth Keaton registered to take classes five times in June 2014 as Elizabeth Denise Keaton and paid with about $54,000 in fraudulent online checks. The arrest report says Keaton then canceled the classes and received funds from the university in three of the five cases. (link) Compliance/Regulatory & Legal Events Jan 29, 2018: Michigan State University administrators have long claimed, to the federal government and public, that they have handled sexual assault, violence and gender discrimination complaints properly. But an Outside the Lines investigation has found a pattern of widespread denial, inaction and information suppression of such allegations by officials ranging from campus police to the Spartan athletic department, whose top leader, Mark Hollis, announced his retirement on Friday. The actions go well beyond the highly publicized case of former athletic physician Larry Nassar. (link) Jan 29, 2018 young woman and her family say they are outraged by Butler's reaction in 2016, after the then 18-year-old woman said she was forcibly raped by a man twice her size. The woman, who is now 20, has filed a civil rights complaint, claiming the university failed to inform her of her options in accordance with federal law. As a result, she said, evidence was destroyed, denying her the opportunity to effectively seek criminal charges against her alleged attacker, who had a prior report of sexual misconduct. (link) Jan 29, 2018 federal appeals court panel has refused to reinstate a civil rights lawsuit by a former financial official at West Chester University who claims she was fired for being honest. The U.S. Court of Appeals for the 3rd Circuit made that call in concluding the university, one of its vice presidents, and the Pennsylvania State System of Higher Education are legally immune from Colleen M. Bradley's complaint. Bradley contended she was let go for repeatedly pointing out what she believed were unethical manipulations of the university's and PASSHE's budgeting processes. (link) Jan 27, 2018 former professor at Weber State University is suing the Ogden school for how it handled an allegation of sexual harassment from a student in his class. Although pages of emails and other electronic messages were used as evidence in the case, Jason Fritzler, who taught microbiology before resigning last year, maintains he didn't and couldn't have sent the messages to 2/21/25, 7:44 Case In Point 4/11 the student, his attorney Brian Jackson told The Salt Lake Tribune this week. Fritzler alleges the sexually charged messages were fabricated, and denies the female student's assertion that they had sexual relations on several occasions. (link) Jan 25, 2018: The University of Michigan fired a doctor after he was accused of having sex with a young patient. Mark Franklin Hoeltzel worked as a pediatric rheumatologist at the University of Michigan Hospital. He's now under investigation by university police. Hoeltzel first got into trouble in 2004 after exchanging flirtatious social media messages with an 11-year-old girl he'd examined at a of arthritis camp. (link) Jan 25, 2018 Bellarmine University student filed a lawsuit claiming the university punished him for filing a sexual harassment complaint against a professor. Attorney Josh Engel said the unnamed student was in an inappropriate six-month relationship with a professor and the two exchanged sexually provocative text messages. When the student ended the relationship, he claimed the professor kicked him off an important research project. (link) Jan 24, 2018 former Oakland University professor has been found guilty of three drug-related counts after he was accused last year of operating a drug house. Joseph Schiele was charged with seven different counts, including possession with intent to deliver, felony firearm and operating a drug house. According to court transcripts, a 22-year-old female college student told the court she visited the professor's home \"at least 30 times\" for \"partying,\" \"drinking and doing drugs\" ... \"usually cocaine and ketamine.\" (link) Jan 23, 2018: The University of Arizona officially fired basketball coach Emmanuel \"Book\" Richardson. Richardson is appealing his termination notice from the school. Along with three assistant coaches from other programs, Richardson is facing up to 60 years in prison and one and a half million dollars in fines if he's convicted on bribery and other charges connected to basketball recruiting. The has been investigating the criminal influence of money on coaches and student- athletes who participate in intercollegiate basketball governed by the since 2015. (link) Jan 23, 2018: Southern Illinois University's medical school has halted all herpes research, one of its most high-profile projects, amid growing controversy over a researcher's unauthorized methods offshore and in the U.S. SIU's ethics panel launched a \"full\" investigation Dec. 5 of the herpes vaccine experiments by university professor William Halford, according to a memo obtained by Kaiser Health News. Halford, who died in June, had injected Americans with his experimental herpes vaccine in St. Kitts and Nevis in 2016 and in Illinois hotel rooms in 2013 without routine safety oversight from the Food and Drug Administration or an institutional review board, according to ongoing reporting by KHN. Some of the participants say they are experiencing side effects. (link) Jan 22, 2018 former dean of the University of Arizona is suing in federal court, claiming she was underpaid by tens of thousands of dollars compared to her male colleagues. Patricia MacCorquodale, former dean of the school's Honors College, alleges that she was dramatically underpaid for two decades. And when university officials removed her as dean in 2016, she was replaced by a male who made nearly $70,000 more than she did. (link) Jan 22, 2018: The woman who accused former Arizona football coach Rich Rodriguez of sexual harassment has filed a second notice of claim against Rodriguez, his wife and the University of Arizona seeking $8.5 million. In the first claim, filed Dec. 29 with the Arizona Attorney General's Office, the woman, Rodriguez's former administrative assistant, alleged Rodriguez ran a hostile work place. She said Rodriguez forced her to keep an extramarital affair secret while also groping and attempting to kiss her, among other actions that made her feel uncomfortable. (link) Jan 18, 2018 former Dartmouth College student has sued the school, saying he was unfairly expelled after a female student filed a physical assault complaint against him. \"John Doe\" says in the New Hampshire federal lawsuit that Dartmouth's investigation was biased. It says the woman's 2/21/25, 7:44 Case In Point 5/11 complaint was filed in 2016 after what she described as a consensual sexual encounter. Doe says he was incapacitated by alcohol and unable to consent; he accused her of physical and sexual assault. (link) Jan 17, 2018: Police in Florida issued arrest warrants for nine men on Tuesday in connection with the November hazing death of a 20-year-old Florida State University student, authorities said. The suspects, all between the ages of 20 and 22 years old, face charges of college hazing causing injury or death in the case of Andrew Coffey, a fraternity pledge who died of alcohol poisoning on Nov. 3, the Tallahassee Police Department said in a statement Tuesday. (link) Jan 17, 2018: The University of Iowa is caught up in a legal fight with a conservative Christian student group that denied a leadership position to a student who is gay. The case pits a university policy barring discrimination based on sexual orientation against the religious beliefs of a 10- member group called Business Leaders in Christ. The group sued after the state's flagship university in Iowa City revoked its campus registration in November. The group says its membership is open to everyone but its leaders must affirm a statement of faith that rejects homosexuality. The university says it respects the right of students, faculty and staff to practice the religion of their choice but does not tolerate discrimination. (link) Jan 12, 2018: An 18-year-old former University of Maryland employee has been charged with writing racially charged words on a men's bathroom stall in the Ellicott Dining Hall in October, according to University of Maryland police. Terrell Demonte Alexander of Lanham was charged Wednesday with two counts of malicious destruction of property for the incident that occurred at the College Park campus between Oct. 22 and Oct. 23, and on Nov. 3. ''We take incidents of hate-bias in our community very seriously, which is reflected in the extensive effort to identify the individual responsible,'' said University Police Chief David B. Mitchell. (link) Jan 11, 2018 suburban Chicago college student is suing her school for allegedly violating her free-speech rights by prohibiting her from handing out flyers from a socialist group that read, \"Shut Down Capitalism.\" It says the public community college violated Salazar's rights by limiting political expressions to a small campus \"free speech zone.\" School policy includes requirements to get prior approval of flyers, and other restrictions. (link) Jan 11, 2018: Police are investigating a rape that allegedly happened at the University of Kansas Hospital. The suspect is a Raymore man who is currently at the Wyandotte county jail. Prosecutors have charged Joshua Johnson, 35, with a single count of rape. The charge stems from an investigation led by the University of Kansas Medical Center Police Department. (link) Jan 08, 2018: Four New York City men were given jail sentences Monday in the death of an 18- year-old fraternity pledge during a 2013 hazing ritual in Pennsylvania, with a judge saying she believes they succumbed to \"brainwashing\" and \"indoctrination\" that is rampant at fraternities around the nation. Baruch College freshman Chun \"Michael\" Deng was blindfolded, forced to wear a heavy backpack and then repeatedly tackled as part of the fraternity's Crossing Over initiation ceremony. He was knocked unconscious and later died at a hospital. Police charged 37 people with crimes ranging from aggravated assault to hazing to third-degree murder. (link) Jan 08, 2018 former Houston Community College trustee has been sentenced to 70 months in federal prison after pleading guilty to accepting cash bribes of more than $225,000 to use his trustee position to steer business contracts to the school. (link) Jan 07, 2018: Mike Leach's war against Texas Tech is headed back to court, this time to gain access to records related to his firing from the university in 2009. Leach, now the head football coach at Washington State, hired an investigative firm in Houston last year to dig up information on Texas Tech officials and pressure them into paying him the $2.4 million he says he is still owed by Tech. But that firm, Dolcefino Consulting, says Texas Tech has refused to comply with its requests 2/21/25, 7:44 Case In Point 6/11 for public records related to his firing. On Sunday, the firm filed a lawsuit against Tech that seeks a court order forcing Tech to comply. (link) Jan 07, 2018: West Virginia Wesleyan College has settled a lawsuit with its former vice president of student development for $250,000. The agreement with Julie Keehner was reached in early December, according to court records. In the suit, Keehner had alleged the college violated the West Virginia Human Rights Act by compensating male employees in a senior administrative role at the college at a higher rate, despite her having more experience. The suit also alleged that the college terminated Keehner in whole or in part based upon her age. She was 60 at the time. (link) Jan 05, 2018 doctor at Ohio State University Wexner Medical Center has been placed on leave amid allegations he raped two patients when he worked at the Cleveland Clinic in northeast Ohio investigation published Friday outlined the sexual assault allegations against Dr. Ryan Williams while he was employed at the Cleveland Clinic. After leaving the clinic, he joined the Wexner Medical Center August 1, 2017. (link) Jan 05, 2018: An executive for the University of Wisconsin System arrested for first-offense drunken driving while out of town for a regents meeting in October expects to plead guilty, pay a fine and lose her driver's license for six months, according to her attorney. (link) Jan 03, 2018: The Arizona Wildcats on Tuesday fired football coach Rich Rodriguez after six seasons in the wake of a sexual harassment allegation the university began investigating in October and a recent notice of a hostile-workplace lawsuit to be filed against the school. (link) Jan 02, 2018 man prosecutors say was found with hundreds of images of child pornography in his Carthage College dorm room has reached a plea deal in the case against him. 21-year-old Austin Szczodrowski on January 2nd pleaded guilty to four counts of possession of child pornography. He'll be sentenced on March 26th. The images are believed to have been downloaded using the campus internet. (link) Jan 02, 2018: Shortly after midnight on Oct. 18, 2013, 19-year-old Ethan P. Connolly, a sophomore at the University of Delaware, was fatally hit by a truck while walking across Del. 896. In a lawsuit, his parents want a New Castle County Superior Court judge to hold the university, the sorority and those that hosted the party liable for his death. (link) Jan 01, 2018: Police charged two Santa Fe men Monday with stealing four company vehicles from the Santa Fe University of Art and Design campus. Police say Robert Noedel and Nestor Rodriguez, both 26, managed to drive at least three of the four vehicles off the campus during the night before a college security guard noticed one of the vehicles in question on a neighboring street and called police. (link) Jan 01, 2018: Dean A. Tupper, a former employee of Stonehill College in Easton, was arrested Friday and charged in connection with an accidental shooting at the school in October, according to a statement from the Bristol County District Attorney's office.On Oct. 11, Tupper, 57, allegedly shot his co-worker, Dave Pigeon, in the Plumber's Shop of Stonehill College's Clock Farm, which is across the street from Stonehill's campus, according to the release and police reports. (link) Campus Life & Safety Events 2/21/25, 7:44 Case In Point 7/11 Jan 30, 2018: Authorities say several students at a North Carolina university were robbed at gunpoint in their dorm room. North Carolina Central University police issued a statement that the robbery happened around 6:30 p.m. Monday in a dormitory at the Durham campus. Police say two suspects showed firearms and took personal property. (link) Jan 29, 2018: Open records requests filed by the Milwaukee Journal Sentinel revealed that among all 13 four-year campuses and 13 two-year colleges in the System, nearly 100 complaints of employee sexual misconduct -- either harassment and/or assault -- have been formally investigated since 2014. The cases requested by the Journal Sentinel specifically involved teaching, supervisory and advising staff -- not all university staff. (link) Jan 29, 2018: Just days after Sue Carter resigned her position as chair of Michigan State University's Athletic Council, in protest over the institution's handling of its sexual abuse scandal, a former student has filed a complaint claiming Carter drew her into an inappropriate relationship more than two decades ago. (link) Jan 29, 2018: As tension peaked yet again last week over Chief Illiniwek, the University of Illinois' enduring but officially forsaken symbol, school officials said they plan to launch a series of events \"designed to foster productive and healing discussions.\" Chief Illiniwek is at the center of a long- running dispute, with some claiming that the symbol honors the state's American Indian heritage, and others insisting that it is racist and culturally insensitive. The university banned the Chief in 2007 under pressure from the NCAA, but devoted supporters, including some who don the regalia for games and special events, have kept the symbol alive in the face of sometimes hostile opposition. (link) Jan 28, 2018 Rutgers University adjunct professor convicted of sexual assault seven years ago has been placed on administrative leave after \"issues regarding his background were brought to the chancellor,\" a university spokeswoman said Sunday. Sombudha Adhikari, 58, pleaded guilty to criminal sexual assault in 2011 after being charged in 2009 when he was a professor at Farleigh Dickinson University in Florham Park, according to a public records search and published reports. (link) Jan 26, 2018: Seattle University recently removed Self-Portrait 2000 by Chuck Close, an estimated (pre-allegation) value of $35,000, from the second floor of its Lemieux Library. In light of the sexual misconduct accusations from women who modeled for him, The National Gallery cancelled Close's solo exhibition along with an exhibit by photographer Thomas Roma, who also stands accused of misconduct. (link) Jan 25, 2018 has fired associate head coach Tony Bland in the aftermath of his arrest last fall in the college basketball bribery and corruption probe, his attorney told The Times. Jeffrey Lichtman, Bland's New York-based attorney, said cut ties with the coach last week. Lichtman said the school cited the federal charges as the reason. The school placed Bland on administrative leave hours after agents arrested him in September. Assistant coaches at Arizona, Auburn and Oklahoma State were among 10 people arrested. (link) Jan 25, 2018: In the wake of the Larry Nassar sexual abuse scandal, Lou Anna Simon, president of Michigan State University, is resigning, according to a letter posted on the school's website. Nassar is a former longtime school employee. He was sentenced Wednesday to up to 175 years in prison for the sexual assault of young female athletes. Simon had recently come under fire for what critics say is the mishandling of the Nassar scandal. They say the school's leader of 13 years had been tone deaf and needs to be among those held accountable for what happened while Nassar was employed as a sports physician at from 1997 to 2016. (link) Jan 24, 2018 professor at the University of Texas who pleaded guilty to a felony charge of strangling his girlfriend to the point that she saw \"stars\" remains on the job despite a school policy 2/21/25, 7:44 Case In Point 8/11 condemning domestic violence as prohibited conduct that it \"will not tolerate,\" an American- Statesman investigation has found. The case comes to light at a time of heightened concern at colleges and universities, and more broadly across American society, about sexual assault and interpersonal violence. (link) Jan 23, 2018: Spring Garden Township Police filed charges recently against a York man who allegedly crashed into a guard shack at York College - injuring a pregnant security officer inside - and then drove off on Dec. 2, according to charging documents. Luis David Medina-Gonzalez, 30, of the 800 block of Wayne Avenue, York, faces a host of charges, including accidents involving death or personal injury, failure to stop and give information or render aid, and driving on a suspended or revoked license, documents state. (link) Jan 22, 2018 man accused of killing a woman during his shift as a campus safety officer at an Oregon community college pleaded guilty Monday to aggravated murder. Edwin Lara accepted a plea deal that spared him a possible death sentence but will keep him in prison for life. Authorities said Lara kidnapped, sexually assaulted and killed Kaylee Sawyer, 23, in July 2016.In his plea, Lara acknowledged holding Sawyer in the back of his security vehicle, where he strangled and then killed her with a large rock. (link) Jan 19, 2018 woman whom prosecutors said was angry about supposed U.S. military actions abroad was charged Friday with setting several fires at a Minnesota university criminal complaint said Tnuza Jamal Hassan, 19, a former student at St. Catherine University in St. Paul, admitted to investigators that she started the fires on Wednesday, including one in a dormitory that housed a day care center. She's charged with first-degree arson. (link) Jan 18, 2018: The new president of Ithaca College is speaking out after a 17-year-old criminal case has resurfaced. College President Shirley M. Collado was accused of sexually abusing a female patient in 2000 while she worked at The Center at the Psychiatric Institute of Washington, D.C., according to court documents published by the Ithacan student newspaper and the Vanderbilt Hustler. Collado was convicted a year later. The victim said they entered a five-month sexual relationship after Collado kissed her during therapy sessions for post-traumatic stress disorder. Collado allegedly said kissing and fondling would be ''therapeutic for the victim; that it would bring her out of her shell,'' according to Fox News. (link) Jan 17, 2018 college student who posted a video of her racist ranting to social media on Martin Luther King Jr. Day has been expelled from the University of Alabama, school officials said Wednesday. Harley Barber, a 19-year-old freshman from Marlton, N.J., recently posted two videos to her ''fake'' Instagram -- the secret, secondary account many teenagers use to show their authentic, less polished selves -- of her spewing language that sparked outrage both on her campus and across the country as the videos went viral. (link) Jan 16, 2018 group of UMass Boston students, professors, and alumni as well as outside advocates are raising concerns about the Confucius Institute that operates on its campus, accusing it of promoting censorship abroad and undermining human rights. The Chinese government oversees the center, one of more than 90 on campuses across the United States and abroad and one of two in the state. (link) Jan 16, 2018 pair of signs containing racial epithets appeared outside the University of South Carolina's African American Studies department Tuesday morning, setting off a firestorm of complaints to the university and prompting an internal investigation. The signs partially covered a display of photos of historically important black South Carolinians on the second floor of Gambrell Hall, a liberal arts building at the university's downtown Columbia campus. (link) Jan 12, 2018: Joel Seligman resigned as president of the University of Rochester as the school continues to grapple with fallout from complaints that it bungled its response to allegations of 2/21/25, 7:44 Case In Point 9/11 sexual harassment by a professor. In a series of Equal Employment Opportunity Commission complaints made public in September, current and former faculty and graduate students alleged that psycholinguistics professor T. Florian Jaeger created a \"hostile environment\" over the course of a decade. (link) Jan 09, 2018: Sigma Alpha Epsilon at has been placed under a cease-and-desist order according to a statement last month from the national headquarters for the fraternity. The cease- and-desist order comes after an investigation into health and safety violations by the national headquarters for SAE. Three of SAE's chapters have been closed within two months by the national headquarters, including the chapter at MU. The University of Texas at Austin chapter was shut down in early November, followed by the University of Mississippi's chapter closing in early December. (link) Jan 08, 2018 national fraternity was banned from Pennsylvania for 10 years and ordered to pay a fine of more than $110,000 as it was sentenced Monday for its role in the death of a 19-year-old pledge during a 2013 hazing ritual. The judge and a prosecutor slammed Pi Delta Psi for calling itself a victim of rogue fraternity members, saying the organization tolerated and even encouraged hazing for years leading up to the death of Baruch College freshman Chun \"Michael\" Deng. (link) Jan 03, 2018: Early Tuesday morning, the president of Hillsborough Community College received a rambling email outlining horror-movie violence to be inflicted upon HCC's campus if certain payments were not made. Across Florida, in Tampa and Gainesville and Tallahassee, other college and university presidents' inboxes were lighting up with the same extortion threat, promising an inundation of false bombing and shooting threats until, the sender claimed, one would prove real. It's not clear yet how many institutions got the 1,250-word message, or whether it was limited to Florida. Many agencies are investigating, including campus police departments and the FBI, though few specifics are available at this early stage. (link) Other News & Events If you have any suggestions, questions or feedback, please e-mail me at [email protected]. We hope you find this information useful and would appreciate hearing your thoughts. Feel free to forward this email to your direct reports, colleagues, employees or others who might find it of value. Back issues of this newsletter are available on our web site at If you have any suggestions for items to include in future newsletters, please e-mail Robert Gottesman at [email protected]. Back to top Office of Audit, Compliance & Privacy Auburn University M. Kevin Robinson, Assoc [email protected] 2/21/25, 7:44 Case In Point 10/11 304 Samford Hall 334.844.4389 \u00a9 Redistribution of this newsletter, with or without modification, is permitted provided Auburn University Office of Audit, Compliance & Privacy is listed as the source. 2/21/25, 7:44 Case In Point 11/11", "7895_103.pdf": "People Search (/sitemap/j) / Jason...Gaither (/abc/j1018) / Jason Fritzler Jason Fritzler - @jasonfritzler ( Jason Fritzler - @jason.fritzler ( Jason Fritzler - @unowutitiznt ( Jason Fritzler Found 9 people in Washington (/search?name=jason+fritzler&state=washington), Texas (/search?name=jason+fritzler&state=texas), Nebraska (/search?name=jason+fritzler&state=nebraska) and other states \uf0b0Filter \uf16d Instagram \uf068 Jason Fritzler ( offer_id=235&aff_id=5244&fn=jason&ln=fritzler&town=&state= &aff_sub=people_search&aff_sub2=fake_instagram_profile&aff_s ub3=link) Unlock Results Search ( offer_id=235&aff_id=5244&fn=jason&ln=fritzler&town=&state=&aff_sub=people_ search&aff_sub2=fake_instagram_profile&aff_sub3=button) \uf023 Sponsored by PeopleLooker \uf05aPaid Service Continue We use cookies to enhance your experience. By continuing to visit this site you agree to our use of cookies. More info (/privacy) 2/21/25, 7:44 Jason Fritzler's Instagram, Twitter & Facebook on IDCrawl 1/16 Jason Fritzler - @jtfritzler ( Show all results... Show all results... jason fritzler - @FritzletJason ( loving my country and my daughter!!! Jason Fritzler - @91TankerD112 ( love my country, fear my government! Jason Fritzler - @FritzlerJ27 ( Jason Fritzler - @fritzler_jason ( Jason Fritzler - @JasonFritzler ( \uf081 Twitter \uf068 \uf3c5Enid, ok \uf002Background Check \uf068 Sponsored by TruthFinder \uf05aPaid Service Jason Allen Fritzler, age 52, Bonney Lake ( a=1252&oc=27&c=288&s1=&fname=Jason&lname=Fritzler&state=WA&cit y=Bonney Lake) Lived in: Quincy WA, Manson WA, Puyallup Relatives: Melissa Fritzler, Roger Fritzler, Judy Fritzler Continue We use cookies to enhance your experience. By continuing to visit this site you agree to our use of cookies. More info (/privacy) 2/21/25, 7:44 Jason Fritzler's Instagram, Twitter & Facebook on IDCrawl 2/16 View full report ( a=1252&oc=27&c=288&s1=&fname=Jason&lname=Fritzler&state=WA&city=Bonney Lake) Jason Michael Fritzler, age 44, Amarillo ( a=1252&oc=27&c=288&s1=&fname=Jason&lname=Fritzler&state=TX&cit y=Amarillo) Lived in: Lubbock TX, Ogden UT, Huntington Relatives: Camille Fritzler, Lindsay Syler, Jimmy Fritzler View full report ( a=1252&oc=27&c=288&s1=&fname=Jason&lname=Fritzler&state=TX&city=Amarillo) Jason Fritzler, age 34, Scottsbluff ( a=1252&oc=27&c=288&s1=&fname=Jason&lname=Fritzler&state=NE&cit y=Scottsbluff) Lived in: Gering NE, Cheyenne Relatives: Hope Fritzler, Deborah Fritzler, Larry Fritzler View full report ( a=1252&oc=27&c=288&s1=&fname=Jason&lname=Fritzler&state=NE&city=Scottsbluff) Jason Scott Fritzler, age 53, Enid ( a=1252&oc=27&c=288&s1=&fname=Jason&lname=Fritzler&state=OK&cit y=Enid) Lived in: Canute OK, Kennedale TX, Arlington Relatives: Janeen Scheurer Warnke, Blake Klassen, Daylen Klassen View full report ( a=1252&oc=27&c=288&s1=&fname=Jason&lname=Fritzler&state=OK&city=Enid) Jason Dee Fritzler, age 35, Phoenix ( a=1252&oc=27&c=288&s1=&fname=Jason&lname=Fritzler&state=AZ&city =Phoenix) Lived in: Kingman AZ, Bullhead City AZ, Las Vegas Relatives: Pamela Fritzler, Justin Fritzler, Anthony Forlenza View full report ( a=1252&oc=27&c=288&s1=&fname=Jason&lname=Fritzler&state=AZ&city=Phoenix) Show all results... ( a=1252&oc=27&c=288&s1=&fname=jason&lname=fritzler&state=&city=) Continue We use cookies to enhance your experience. By continuing to visit this site you agree to our use of cookies. More info (/privacy) 2/21/25, 7:44 Jason Fritzler's Instagram, Twitter & Facebook on IDCrawl 3/16 \uf2bbPublic Records \uf068 Sponsored by Spokeo \uf05aPaid Service Jason Fritzler ( q=Jason+Fritzler&g=name_A6518683292) ***** 6th St, Gering View full report ( Jason Fritzler ( q=Jason+Fritzler&g=name_A6518683292) ***** Arriba Dr, Apt 242, Bullhead City View full report ( \uf095(928) 444-**** Jason Fritzler ( q=Jason+Fritzler&g=name_A6518683292) ***** 209th Avenue Ct E, Lake Tapps View full report ( M*****@gmail.com \u2014 \uf095(253) 232-**** Jason Fritzler ( q=Jason+Fritzler&g=name_A6518683292) ***** Archway Ct, Apt 202, Virginia Beach View full report ( \uf095(989) 289-**** Jason Fritzler ( q=Jason+Fritzler&g=name_A6518683292 Elm Ave, Enid View full report ( J*****@hotmail.com \u2014 \uf095(580) 370-**** Show all results... ( Continue We use cookies to enhance your experience. By continuing to visit this site you agree to our use of cookies. More info (/privacy) 2/21/25, 7:44 Jason Fritzler's Instagram, Twitter & Facebook on IDCrawl 4/16 \uf87b Phone Numbers \uf068 Sponsored by PeopleLooker \uf05aPaid Service (619) 495-**** ( offer_id=235&aff_id=5244&fn=Jason&ln=Fritzler&town=&state=&aff_sub= people_search&aff_sub2=phone_numbers&aff_sub3=link) Jason Fritzler, Virginia Beach Search details ( offer_id=235&aff_id=5244&fn=Jason&ln=Fritzler&town=&state=&aff_sub=people_search&aff_s ub2=phone_numbers&aff_sub3=button) (253) 232-**** ( offer_id=235&aff_id=5244&fn=Jason&ln=Fritzler&town=&state=&aff_sub= people_search&aff_sub2=phone_numbers&aff_sub3=link) Jason Fritzler, Lake Tapps Search details ( offer_id=235&aff_id=5244&fn=Jason&ln=Fritzler&town=&state=&aff_sub=people_search&aff_s ub2=phone_numbers&aff_sub3=button) (520) 831-**** ( offer_id=235&aff_id=5244&fn=Jason&ln=Fritzler&town=&state=&aff_sub= people_search&aff_sub2=phone_numbers&aff_sub3=link) Jason Fritzler, Bullhead City Search details ( offer_id=235&aff_id=5244&fn=Jason&ln=Fritzler&town=&state=&aff_sub=people_search&aff_s ub2=phone_numbers&aff_sub3=button) (308) 641-**** ( offer_id=235&aff_id=5244&fn=Jason&ln=Fritzler&town=&state=&aff_sub= people_search&aff_sub2=phone_numbers&aff_sub3=link) Jason Fritzler, Gering Search details ( offer_id=235&aff_id=5244&fn=Jason&ln=Fritzler&town=&state=&aff_sub=people_search&aff_s ub2=phone_numbers&aff_sub3=button) (801) 866-**** ( offer_id=235&aff_id=5244&fn=Jason&ln=Fritzler&town=&state=&aff_sub= people_search&aff_sub2=phone_numbers&aff_sub3=link) Jason Fritzler, Amarillo Continue We use cookies to enhance your experience. By continuing to visit this site you agree to our use of cookies. More info (/privacy) 2/21/25, 7:44 Jason Fritzler's Instagram, Twitter & Facebook on IDCrawl 5/16 Jason Fritzler ( offer_id=235&aff_id=5244&fn=jason&ln=fritzler&town=&state=&aff_sub=p eople_search&aff_sub2=public_records&aff_sub3=link) Search for contact info, address history, relatives, jobs, education & more Search public records ( offer_id=235&aff_id=5244&fn=jason&ln=fritzler&town=&state=&aff_sub=people_search&aff _sub2=public_records&aff_sub3=button) Search details ( offer_id=235&aff_id=5244&fn=Jason&ln=Fritzler&town=&state=&aff_sub=people_search&aff_s ub2=phone_numbers&aff_sub3=button) Show all results... 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More info (/privacy) 2/21/25, 7:44 Jason Fritzler's Instagram, Twitter & Facebook on IDCrawl 6/16 Jason Fritzler ( Jason Fritzler Sr. ( Anthony Forlenza (/anthony-forlenza) David Fritzler (/david-fritzler) John Seib (/john-seib) Justin Fritzler (/justin-fritzler) Kylie Bennett (/kylie-bennett) Mark Fritzler (/mark-fritzler) Melissa Fritzler (/melissa-fritzler) Ruby Cuellar (/ruby-cuellar) Zachary Schweitzer (/zachary-schweitzer) \uf082 Facebook \uf068 Continue We use cookies to enhance your experience. By continuing to visit this site you agree to our use of cookies. More info (/privacy) 2/21/25, 7:44 Jason Fritzler's Instagram, Twitter & Facebook on IDCrawl 7/16 Show all results... Jason Fritzler - @jason.fritzler ( 83 followers Jason Fritzler - @jasonfritzler ( 19 followers jasonfritzler6 - @jasonfritzler6 ( 8 followers jasonfritzler795 - @jasonfritzler795 ( 16 followers Jason Fritzler ( Jason Fritzler ( Fritzler/pfbid02BTQ68Li34hNby2LXbw2wTGkNqkbBuy HZ7Q47mLaog2wzsZPkTfqAMt13HonGLx13l/) Jason Fritzler ( offer_id=235&aff_id=5244&fn=jason&ln=fritzler&tow n=&state=&aff_sub=people_search&aff_sub2=fake_fac ebook_profile&aff_sub3=link) Unlock Results Search ( offer_id=235&aff_id=5244&fn=jason&ln=fritzler&town=&state=&aff_ sub=people_search&aff_sub2=fake_facebook_profile&aff_sub3=button ) \uf023 Sponsored by PeopleLooker \uf05aPaid Service \ue07b TikTok \uf068 Continue We use cookies to enhance your experience. By continuing to visit this site you agree to our use of cookies. More info (/privacy) 2/21/25, 7:44 Jason Fritzler's Instagram, Twitter & Facebook on IDCrawl 8/16 tickle Benson 95 - @jasonfritzler387 ( like macaroni and chicken strips 179 followers Show all results... Jason Fritzler - @jasonfritzler1 ( Dr. Jason Fritzler boasts a Ph.D. in Microbiology, specializing in infectious diseases, biological safety, infection prevention, and ... FritzFam - @DancinChica365 ( 2 subscribers \uf167Youtube \uf068 \uf2bdUsernames \uf068 jasonfritzler (/u/jasonfritzler) jason.fritzler (/u/jason.fritzler) jtfritzler (/u/jtfritzler) jasonfritzler7 (/u/jasonfritzler7) unowutitiznt (/u/unowutitiznt) unowhoitiznt (/u/unowhoitiznt) jjfritzler (/u/jjfritzler) fritzz327 (/u/fritzz327) jason_fritzlervn2051 (/u/jason_fritzlervn2051) fritzlerjason (/u/fritzlerjason) fritzletjason (/u/fritzletjason) Continue We use cookies to enhance your experience. By continuing to visit this site you agree to our use of cookies. More info (/privacy) 2/21/25, 7:44 Jason Fritzler's Instagram, Twitter & Facebook on IDCrawl 9/16 Show all results... Show all results... Jason Fritzler Caledonia Jason Fritzler Sacramento Jason F. ( Jason Fritzler ( fritzler-7912097) Project Manager Jason Fritzler ( fritzler-09409a73) Instructor Navy Jason Fritzler ( fritzler-50910bb9) Golden Corral Corporation Kristin Clark ( Creative Director 91tankerd112 (/u/91tankerd112) \uf08c LinkedIn \uf068 \uf08c \uf3c5United States \uf08c \uf3c5 Bonney Lake \uf08c \uf3c5Gurnee \uf08c \uf3c5Las Vegas \uf08c \uf501 Alumni \uf068 Caledonia High School (1993 - 1997) Valley High School (1986 - 1990) Continue We use cookies to enhance your experience. By continuing to visit this site you agree to our use of cookies. More info (/privacy) 2/21/25, 7:44 Jason Fritzler's Instagram, Twitter & Facebook on IDCrawl 10/16 Going Home ( 1ZNnFKVnpEbXNqVTk0N3gweUk2UzVOYUxqOG91ZFBCdUlZM2tnY2ZZb0Jt Qll3ZWF4QTk2b2IwQ01lTmRzbHY1SHVPWlN0clJXX19jV1VZMjR3R28?oc=5) Stephen F. Austin State University - Sun, 28 Mar 2021 Infectious disease expert joins faculty of the School of Veterinary Medicine ( mtjSUIwWXRzR2lwdm9aRXhFalFZenZuWXhOSmI3Zk9rdzJaTWptbTdpMFN | EverythingLubbock.com - Sun, 24 May 2020 Ronald Everett Fritzler (February 14, 1944 December 23, 2024) ( 9jMnlENDVmQmZtRTlheEhiOWtPWmt0ek4zWk5SMEpVbkg2aVBhUTdCNHl1 WmRQcmlWY3NXUmtQcEd0Z2pfVnlCVmdfbktCcGthbXlPR2dWb0FvUXBTY\u2026 KoamNewsNow.com - Mon, 23 Dec 2024 Obituaries ( 0Qy1UUzhDcDJlQnlnMnlfMTZiWkJmRjJJVDhFT3Ixdkl6SmZKMDBibWltOTVQ ZUdaNlJPbGFQXzB1a3MxRW1mYXlnNlR1OGh0a1pPVnRxVDB1UQ?oc=5) Mdcp.nwaonline.com - Thu, 10 Dec 2020 \uf015Address History \uf068 Jason Fritzler ( offer_id=235&aff_id=5244&fn=jason&ln=fritzler&town=&state=&aff_sub=p eople_search&aff_sub2=address_history&aff_sub3=link) Search for Jason Fritzler's address history Search address history ( offer_id=235&aff_id=5244&fn=jason&ln=fritzler&town=&state=&aff_sub=people_search&aff_s ub2=address_history&aff_sub3=button) Sponsored by PeopleLooker \uf05aPaid Service \uf1eaNews \uf068 Continue We use cookies to enhance your experience. By continuing to visit this site you agree to our use of cookies. More info (/privacy) 2/21/25, 7:44 Jason Fritzler's Instagram, Twitter & Facebook on IDCrawl 11/16 Jason Fritzler Sr. - @fritzlersr ( 1 follower Jason Fritzler - @jasonfritzler2031 ( 0 followers Jason Fritzler - @jasonfritzler_ ( 0 followers Jason Fritzler - @jtfritzler ( 0 followers Jason Fritzler - @jasonfritzler7 ( 1 follower Show all results... Jason Fritzler - @jtfritzler ( Jason Fritzler - @unowutitiz ( \uf16e Flickr \uf068 \uf0d2Pinterest \uf068 \uf2c4 Quora \uf068 Continue We use cookies to enhance your experience. By continuing to visit this site you agree to our use of cookies. More info (/privacy) 2/21/25, 7:44 Jason Fritzler's Instagram, Twitter & Facebook on IDCrawl 12/16 Jason M. Fritzler, PhD | Faculty | Meet Our Team | About ( fritzler/) Jason Fritzler is an Associate Professor of Microbiology and Parasitology. He grew up in New Deal, Texas and obtained both his in Animal Science and PhD in Veterinary Microbiology from Texas University. He has served as a professor and Institutional Biological Safety Officer at universities in East \u2026 See more trove of sexually charged messages is at the core of \u2026 ( messages-are-at-the-heart-of-weber-state-universitys-investigation-into-a- professor-but-the-professor-says-they-were-fabricated/) Although pages of emails and other electronic messages were used as evidence in the case, Jason Fritzler, who taught microbiology before resigning last year, \u2026 Fritzler v. Weber State University, 1:18-cv-00011 - CourtListener ( university/) Citation: Fritzler v. Weber State University, 1:18-cv-00011, (D. Utah) Date Filed: Jan. 23, 2018. Date Terminated: June 17, 2020. Date of Last Known Filing: Aug. 4, 2020. \u2026 Jason Fritzler | Academic Sexual Misconduct Database ( sexual-misconduct-database.org/person/jason-fritzler) Jason Fritzler ( Fritzler-3) Jason Fritzler ( Fritzler-1) Jason Fritzler ( Fritzler-2) Jason Fritzler ( Fritzler) \uf57dWeb results \uf068 Continue We use cookies to enhance your experience. By continuing to visit this site you agree to our use of cookies. More info (/privacy) 2/21/25, 7:44 Jason Fritzler's Instagram, Twitter & Facebook on IDCrawl 13/16 People Search (/sitemap/a (/sitemap/b (/sitemap/c (/sitemap/d (/sitemap/e (/sitemap/f (/sitemap/g (/sitemap/h (/sitemap/i (/sitemap/j (/sitemap/k (/sitemap/l (/sitemap/m (/sitemap/n (/sitemap/o (/sitemap/p (/sitemap/q (/sitemap/r (/sitemap/s (/sitemap/t (/sitemap/u (/sitemap/v (/sitemap/w (/sitemap/x (/sitemap/y (/sitemap/z) Jason Fritzler | Academic Sexual Misconduct Database. Incident 7895. Status: Resolved. Institution: Weber State University. Role: Faculty. Position: Professor. Discipline: \u2026 Jason M. Fritzler\u202c - \u202aGoogle Scholar\u202c ( user=PjT6-IEAAAAJ) \u202aAssociate Professor of Microbiology & Parasitology, School of Veterinary Medicine, Texas Tech\u202c - \u202aCited by 234\u202c - \u202aMicrobiology\u202c - \u202aParasitology\u202c - \u202aVirology\u202c Show all results... Search people online \uf002 Search Related searches: Melissa Fritzler (/melis\u2026 fritzler) Ruby Cuellar (/ruby- cuellar) Zachary Schwei\u2026 (/zacha\u2026 schwei\u2026 Sean Comsto\u2026 (/sean- comsto\u2026 Show more... Jason Fritzler All states Continue We use cookies to enhance your experience. By continuing to visit this site you agree to our use of cookies. More info (/privacy) 2/21/25, 7:44 Jason Fritzler's Instagram, Twitter & Facebook on IDCrawl 14/16 (/) Follow us! \uf39e ( \uf16d ( \uf099 ( About Latest Searches Popular Searches About us (/about) \uf105 People search (/) \uf105 Username search (/username- search) \uf105 Reverse phone (/phone- lookup) \uf105 Reverse email (/email- lookup) \uf105 Popular searches (/popular) \uf105 Trending searches (/trending) \uf105 New searches (/new- searches) \uf105 Updated pages (/updated- pages) \uf105 Sitemap (/sitemap) \uf105 Blog (/blog/) \uf105 Katia Stein (/katia- stein) Alexis Lilley (/alexis- lilley) Brittany Nantz (/brittany- nantz) Jennie Gerdes (/jennie- gerdes) Fauzia Malik (/fauzia- malik) Audrey Vandiver (/audrey- vandiver) Kaneez Raza (/kaneez- raza) Ghazala Zahid (/ghazala- zahid) Jerome Begay (/jerome- begay) Milan Melendez (/milan- melendez) Matt Michnovet (/matt- michnovet Basra Ali (/basra- ali) Cindy Rath (/cindy- rath) Kayleigh Boyce (/kayleigh- boyce) Jan Alderman (/jan- alderman) Miriam Dexter (/miriam- dexter) Continue We use cookies to enhance your experience. 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7,314 | Cornelius F. Murphy, Jr. | Duquesne University | [
"7314_101.pdf",
"7314_102.pdf",
"7314_103.pdf",
"7314_104.pdf",
"7314_105.pdf"
] | {"7314_101.pdf": "v (2001) Supreme Court of Pennsylvania. Cornelius F. MURPHY, Jr., Appellant, v GHOST, Appellee. Decided: July 17, 2001 Before FLAHERTY, C.J., and and SAYLOR, JJ. Samuel John Cordes,Philip A. Ignelzi, Pittsburg, for Cornelius F. Murphy, Jr. Martha Hartle Munsch, Pittsburg, Linda S. Drago, for Duquesne University Following the termination of his employment as a tenured law professor, the Appellant, Cornelius F. Murphy, Jr., (\u201cMurphy\u201d), sued the Appellee, Duquesne University of the Holy Ghost (the \u201cUniversity\u201d), for breach of the parties' tenure contract. Murphy appeals from the order of the Superior Court affirming the trial court's entry of summary judgment in the University's favor. We granted allocatur to determine the applicable standard of review. We conclude that the standard of review that governs on appeal from the grant of a motion for summary judgment in any breach of contract action between private parties applies to Murphy's claim. We also conclude that the University is entitled to summary judgment, albeit for reasons that differ from those relied upon by the court below. Accordingly, we affirm the Superior Court's order. The material, undisputed facts of record are as follows. The University is a private, ecumenically- oriented, Catholic institution established in 1878 by the Fathers of the Congregation of the Holy Ghost and of the Immaculate Heart of Mary. According to Section 2 of the University's Faculty Handbook as \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/21/25, 7:45 v (2001) | FindLaw 1/25 prepared in 1986 (the \u201cFaculty Handbook\u201d), the University's stated mission is to prepare its students \u201cintellectually, professionally, aesthetically, spiritually, and ethically for the ordinary responsibilities of life and for leadership in a free, complex, and changing society. \u2024\u201d Its goals as stated therein are to: offer undergraduate students a well-rounded and broad education; enable students to develop an expertise in certain disciplines; prepare advanced students for careers; preserve the record of human thought; engage students in the discussion and study of religious and ethical values, \u201cespecially those of the Judaeo-Christian tradition in its Catholic dimension\u201d; maintain an institution which is responsive to the needs of the community; and create an atmosphere appropriate to a moderately-sized community of scholars which encourages close faculty-student relationships. In 1966, the University hired Murphy to teach in its School of Law. In September of 1967, the University awarded tenure to Murphy. At all relevant times, tenured status at the University was afforded by contract. The Faculty Handbook expressly stated that certain of its Sections (Sections 1 though 18) constituted part of a faculty member's contractual relationship with the University. One of those Sections set forth Statute from the University's 1985 Statutes (the \u201cStatutes\u201d) in its entirety. Statute IV, dedicated to the University's faculty, governed the award and loss of tenure. Under Statute IV. J., Murphy was entitled, as a tenured faculty member, to renewal of employment until retirement or age 70.1 Under Statute IV. K.1., Murphy could forfeit tenure by serious misconduct or for professional incompetence, and was provided a process that had to occur before employment could be terminated. On August 1, 1989, the University reaffirmed and distributed its written policy prohibiting sexual harassment. In the fall of 1991, a first-year law student, Bonita Lynch (\u201cLynch\u201d), who was taking one of Murphy's courses, filed a sexual harassment complaint against him. Lynch accused Murphy of assault and unwelcome physical advances, and claimed that he had inappropriately assisted her in law school assignments. Lynch subsequently filed a lawsuit against Murphy and the University in federal district court asserting violations of Title of the Education Act Amendments of 1972, 20 U.S.C. \u00a7 1681 et seq. (\u201cTitle IX\u201d),2 and several pendant state-law claims. Dr. Judith Griggs, Duquesne's Affirmative Action Officer, investigated Lynch's allegations, and in December 1991, issued a report to Dr. John E. Murray, Jr. (\u201cMurray\u201d), the University's President. Dr. Griggs found that Murphy had involved himself both emotionally and physically with Lynch, thereby creating a hostile and intimidating environment with which she was forced to contend. Dr. Griggs also concluded that Murphy's conduct was inconsistent with the moral standards of the University and the ethical standards of its professorate. After receiving the report, Murray notified Murphy in a letter dated December 5, 1991 that he accepted Dr. Griggs' findings and conclusions, and viewed Murphy's behavior as a clear violation of both the 2/21/25, 7:45 v (2001) | FindLaw 2/25 University's basic philosophy and its sexual harassment policy. Murray informed Murphy that he would be permitted to complete his teaching assignments that semester, but would then be suspended until June 1, 1992. Murray directed Murphy to seek professional counseling to insure that he would not engage in any such conduct during the suspension, and warned that the University would take immediate and appropriate action if information of additional or similar past misbehavior came to light. Accepting the terms of suspension, Murphy sought counseling and provided the University with reports of his progress. Ultimately, Murphy's counselor advised the University that he had benefited from the counseling and would conform his conduct in the future to University standards. By letter dated June 4, 1992, Murray informed Murphy that his suspension was lifted and that his status as a tenured professor was reinstated. Consequently, Murphy returned to teaching for the 1992-93 academic year. Pursuant to a letter from then Dean of the Law School, John J. Scullio dated June 2, 1993, the University offered to renew Murphy's employment for the 1993-94 school year. Murphy accepted the University's offer on or about June 8, 1993. In addition to incorporating the Statutes and the Faculty Handbook, the letter stated that the Standards of the American Bar Association for Legal Education (\u201cABA\u201d) and the Articles of the Association of American Law Schools (\u201cAALS\u201d) that were applicable to law schools and law faculties were to be incorporated by reference into the parties' agreement (the \u201cContract\u201d). In the summer of 1993, however, attorneys representing Ms. Lynch notified the University that Murphy had engaged in a pattern of misconduct, harassing Ms. Lynch, as well as several other female law students. Based on these assertions, the University felt compelled under Title to reopen its investigation of Murphy's activities. In August 1993, the University did so, and placed Murphy on paid leave. Subsequently, the University's Law School Dean sent Murray a memo dated October 11, 1993, requesting that a process be initiated to terminate Murphy's tenure and listing several allegations of Murphy's serious misconduct. By letter dated October 25, 1993, Murray notified Murphy that the University proposed to terminate his employment as a tenured professor pursuant to Statute K.1. of the Contract. Murphy was also advised of his entitlement under Statute to a hearing before the University Grievance Committee for Faculty (the \u201cCommittee\u201d), and of the several grounds for the proposed termination. As was his right, Murphy requested a formal pre-termination hearing, which was held for two full days in May 1994. Murphy was represented by counsel, who cross-examined the University's witnesses and called witnesses and offered exhibits on Murphy's behalf. Four women, all law students who had taken one of Murphy's courses, testified about their respective encounters with Murphy in 1989, 1990 or 1991. Because of her pending federal action, Ms. Lynch chose not to testify. 2/21/25, 7:45 v (2001) | FindLaw 3/25 After the hearing concluded, the Committee submitted a report dated December 21, 1994 with its findings, conclusions and recommendation (the \u201cReport\u201d) to Murray. Based on the evidence presented, the Committee made several findings, unfavorable to Murphy, determining that he attempted to form relationships with female law students who rebuffed him, created an atmosphere in which female law students were made to feel uncomfortable, effectively foreclosed female law students from taking certain courses he taught, abused his power as a professor in dealing with female law students, provided substantial and improper academic advisement as a quid pro quo in the context of sexual harassment, pursued conduct of repetitive approaches to women which was offensive, and was apparently reluctant to comprehend the ethical and legal principles involved. Nevertheless, reasoning that much of the evidence against Murphy had been available to the University when Lynch first filed her complaint in 1991, the Committee recommended against Murphy's termination on the grounds of laches. Under the Contract, the final decision in this matter was given to Murray, as the University's President. Accordingly, Murray made a thorough review of the Report, and advised the Committee in writing on January 4, 1995 of his final decision. Murray informed the Committee that he was in substantial agreement with its substantive findings, but that he disagreed with its process concerns. Murray explained that the record did not support the application of the doctrine of laches. Murray then concluded that \u201c[t]he University has, by abundantly clear and convincing evidence, established more than sufficient grounds to support the finding of serious misconduct by Professor Murphy and consequent termination of Cornelius F. Murphy, Jr. as a tenured professor at Duquesne University.\u201d On the same day, Murray wrote to Murphy, notifying him that he had made the final decision to terminate him as a tenured member of the University's faculty. As permitted under the Contract, Murphy appealed Murray's decision to Duquesne's Board of Directors. Upon its review of Murray's point-by-point response to Murphy's appeal, at its regular meeting on February 17, 1995, the Board approved a motion, recognizing, inter alia, that \u201cthe President had the authority to terminate the employment of Professor Murphy pursuant to the powers granted to him in the University Bylaws and Statutes\u201d, and accepting \u201cthe conclusions and final decision of President Murray\u201d to terminate Murphy's employment. Murphy filed a complaint in the United States District Court for the Western District of Pennsylvania against the University, asserting in Count I, a claim of age discrimination under the Age Discrimination in Employment Act (\u201cADEA\u201d), 29 U.S.C. \u00a7 623(a); in Count II, a claim of age discrimination under the Pennsylvania Human Relation Act, (\u201cPHRA\u201d), 43 P.S. \u00a7 951 et seq.; and in Count III, a claim for breach of contract. With respect to the latter, Murphy alleged that the University's termination of his employment violated the Contract because he did not engage in serious misconduct and because he did not receive the process of tenure termination that the Contract promised. 2/21/25, 7:45 v (2001) | FindLaw 4/25 The University moved for summary judgment. In July 1998, the district court granted the motion as to Murphy's claim, and declined to retain jurisdiction over Murphy's state law causes of action. Thereafter, Murphy had his case transferred to the Court of Common Pleas of Allegheny County, and voluntarily discontinued his claim. On August 12, 1998, the University filed a motion for summary judgment on Count III, Murphy's breach of contract claim. The trial court granted the University's motion. The trial court's decision was premised on its determination that the claim was not subject to \u201cde novo\u201d review because a court should not intrude into a university's operations. Essentially, the trial court decided that even if material facts were genuinely in dispute, Murphy was not entitled to have a \u201cnew factfinder (this time Allegheny County residents rather than Dr. Murphy's colleagues) \u2024re-visit the evidence and determine what happened between Professor Murphy and the students.\u201d (Trial Court Opinion at 12.) Instead, based on its interpretation of two Ohio cases, Brahim v. Ohio College of Pediatric Medicine, 99 Ohio App.3d 479, 651 N.E.2d 30 (1994), and Yackshaw v. John Carroll University Bd. of Trustees, 89 Ohio App.3d 237, 624 N.E.2d 225 (1993), the trial court concluded that it should determine whether \u201ca reasonable person could dispute that the record compiled by the factfinders in this case contains substantial evidence of serious misconduct by Professor Murphy.\u201d Id. at 17. The trial court concluded that no such dispute existed. Id. The trial court turned next to Murphy's allegation that the University committed a procedural breach of contract for terminating him for misbehavior that occurred prior to his 1991 suspension or prior to the June 2, 1993 renewal of employment letter, without reserving the right to do so.3 The trial court rejected Murphy's allegation for several reasons: the Contract contained no procedural term that stated that \u201cconduct occurring prior to the latest contract renewal [was] barred by some sort of statute of limitations unless preserved in writing\u201d; Murphy's contention was an unreasonable interpretation of the University's contractual rights; Murray's December 5, 1991 letter specifically notified Murphy at the time he was suspended that the University would take further action if it learned of similar past misbehavior and did not suggest that Murphy's suspension would expunge all pre-suspension misconduct; and that collateral estoppel precluded the litigation of allegations of procedural breach. Id. at 18-22. With regard to collateral estoppel, the trial court noted that in the federal action, Murphy attempted to meet his burden of proving age discrimination by asserting that the University's proffered reason for his termination was pretextual, as evidenced by its failure to conform to its own policies and procedure. After reviewing the elements of the doctrine, and finding them met, the trial court held that the district court's ruling that \u201cthe process employed in seeking out the truth concerning the charges was in accordance with established contractual provisions and University policy and procedure, which roughly comported with due process of law\u201d precluded Murphy from re-litigating the issue. Id. at 22-24 (quoting District Court Memorandum Opinion at 23). 2/21/25, 7:45 v (2001) | FindLaw 5/25 Murphy appealed to the Superior Court divided panel of the court affirmed. Murphy v. Duquesne University of the Holy Ghost, 745 A.2d 1228 (Pa.Super.1999). The Superior Court's majority first addressed the standard of review question. Acknowledging that Murphy was entitled to some review, but reasoning that Pennsylvania case law favors limited judicial review of internal university decisions, id. at 1233, the majority articulated a deferential standard that it determined ought to apply to this case: \u201cWe do not conclude that no review is appropriate, or that the University's grievance procedure is Professor Murphy's exclusive binding forum. However, we must accord deference to a private institution's internal factfinding and appeals procedure, if they comport with due process.\u201d Id. at 1234 (emphasis in original). In a footnote to this passage, the majority pointed out that the \u201c \u2018essential elements of due process are notice and opportunity to be heard and to defend oneself in an orderly proceeding adapted to the nature of the case. \u2024Due process also requires an opportunity to confront and examine witnesses.\u2019 \u201d Id. n. 2 (quoting Lewis v. School District of Philadelphia, 690 A.2d 814, 816 n. 12 (Pa.Cmwlth.1997)). Applying its standard, the majority stated: While Professor Murphy did not have the opportunity to cross-examine Ms. Lynch, the record suggests her evidence alone would not have been dispositive. President Murray focused on the testimony of the four students, on the pattern of conduct, and the evidence that Professor Murphy abused the power of his role as a professor, creating a hostile environment for female law students. It was the testimony of the four other students that demonstrated the pattern of behavior and the environment it created. While Professor Murphy admitted improperly doing academic work for Ms. Lynch, it was not merely the allegations of the absent Ms. Lynch that led to President Murray's decision. Id. at 1234 (emphasis in original). The majority then evaluated and approved of the trial court's \u201csubstantial evidence\u201d standard, and agreed with its application: While the term \u201cserious misconduct\u201d is not defined in the contract or University Statutes, the trial court determined \u201cNo reasonable person could dispute that the record compiled by the factfinders in this case contains substantial evidence of serious misconduct by Professor Murphy.\u201d Trial Court Opinion, at 17. Upon a thorough review of the record, we agree. The record contained substantial evidence of a pattern of conduct that by any reasonable definition constitutes \u201cserious misconduct\u201d, particularly when committed by the authoritative figure of a law school professor against first-year students. The factual findings of Professor Griggs and the committee, the extensive analysis of the evidence by President Murray, together with Professor Murphy's own admissions and testimony adequately support the trial court's conclusion. 2/21/25, 7:45 v (2001) | FindLaw 6/25 Id. The majority next affirmed the trial court's decision on a variety of issues, and found several other issues either immaterial or insufficient to preclude summary judgment, all without discussion. Id. at 1234-35.4 The majority then considered and rejected Murphy's contention that summary judgment was improper because the University failed to adhere to Bylaws or Standards concerning academic freedom and tenure, determining that the Articles of Association, not the Bylaws or Standards, were part of the Contract. Id. at 1235. Finally, concluding that \u201c[b]oth the federal and state actions necessarily involved an examination of the University's termination proceedings to determine whether they were arbitrary and non-compliant with the University Statutes, Faculty Handbook and the contract\u201d, the majority ruled that the trial court did not err in applying the doctrine of collateral estoppel to Murphy's allegations of procedural breach. Id. at 1237. The Superior Court, therefore, affirmed the trial court's grant of the University's motion for summary judgment.5 This appeal followed. First, we consider the threshold and significant question this case raises: What standard of review applies to Murphy's claim for breach of contract? Is it, as Murphy contends, the standard that would be applied in any contract case on appeal from the grant of summary judgment or is it, as the University argues, a different and restricted standard, like the standards the lower courts respectively adopted? Our answer to this question commences with an evaluation of the Superior Court's basic premise-since the law in the Commonwealth favors limited judicial review of internal college or university decisions, id. at 1233-34, n. 1, a restricted standard must be applied in the present case. We turn to the case upon which the Superior Court primarily relied for its guiding premise, our decision in Baker v. Lafayette College, 516 Pa. 291, 532 A.2d 399 (1987). Because of Baker's importance to our analysis, we discuss it in detail. In Baker, the appellant accepted a teaching position in the Art Department of Lafayette College (\u201cCollege\u201d) under a written two-year contract. The faculty handbook, which was incorporated into the contract, set forth a procedure that the College was bound to follow in deciding whether it would reappoint the appellant when his initial term expired. That procedure provided for annual written evaluations of the appellant's performance by the Art Department's chairman, as well as several levels of internal appeal from an unfavorable decision. After reviewing the evaluations made of the appellant, the College declined to reappoint him. Once the process of internal appeals was completed, upholding the decision against reappointment, the appellant sued the College for defamation and for breach of contract. As to the latter, the appellant alleged that the College violated his employment agreement by 2/21/25, 7:45 v (2001) | FindLaw 7/25 not acting in good faith in considering his reappointment.6 The College filed a motion for summary judgment on the breach of contract claim, which the trial court granted. On appeal, the Superior Court affirmed. Baker v. Lafayette College, 350 Pa.Super. 68, 504 A.2d 247 (1986). After agreeing with the appellant that the College was required to perform its contractual duties in good faith, the court reviewed the record to assess the College's performance in deciding against his reappointment. The court concluded that the undisputed facts showed full compliance with the process of evaluation and appeal that was laid out in the parties' contract. Moreover, the court found no evidence of bias, arbitrariness, misrepresentation or other sharp practice on the College's part in any aspect of the process. Accordingly, the court held that the appellant's breach of contract claim failed, and that summary judgment in the College's favor was proper. Id. at 255-57. At the same time, the Superior Court noted that the appellant was essentially attempting to secure through a breach of contract action a de novo review of the College's decision not to reappoint him. Determining that the terms of the parties' contract gave to the College the exclusive right to decide matters of reappointment, the court rejected such efforts, stating: Under the guise of \u201cgood faith,\u201d Baker would have us conduct a de novo review of the College's decision not to renew his contract. We decline Baker's invitation to reexamine the merits of the College's decision \u2024because we hold that the only reasonable construction of the contract between the parties is that at all times the College retained its sole discretion to decide whether to reappoint Baker. \u2024 Therefore, upon finding, as we have, that the College performed all its contractual obligations fully and in good faith, the terms of the contract require that our inquiry end. Id. at 256. This court, in turn, affirmed the Superior Court's judgment. In doing so, we stated: [T]he [appellant] argues that the College breached his employment contract by not evaluating his performance in \u201cgood faith.\u201d Since the college was aware of the chairman's distaste for the [a]ppellant, the [a]ppellant argues that the College was responsible to conduct an independent review of the [a]ppellant's performance. \u2024As in all aspects of life, no procedure is fool proof. In our judicial system we have various appeals to review lower court determinations alleged to be improper or unwise. The purpose of appellate review is to correct any prior wrongdoings. Likewise, The Faculty Handbook sets forth the review procedures. In accordance with these procedures the [a]ppellant appealed to the president of the College and ultimately to the board of trustees. We would be hardpressed to conclude that the College acted in bad faith when it followed the required review procedures. This Court has no jurisdiction to review the factual determinations of a college's governing body unless it can be clearly demonstrated that that body violated its own procedures. 2/21/25, 7:45 v (2001) | FindLaw 8/25 Baker, 532 A.2d at 403 (emphasis added). In the present case, the Superior Court quoted this passage from Baker and relied on its last sentence when it determined that Pennsylvania jurisprudence calls for restricting judicial review of internal university decisions. Murphy, 745 A.2d at 1233. When our holding in Baker is read in context, however, it is clear that the Superior Court's reliance is mistaken. The Superior Court's error is most obviously demonstrated by the fact that when we decided Baker, we applied the traditional standard of review on an appeal from the grant of a motion for summary judgment that is used in any contract case, even though a college's internal decision was put at issue. Against that standard, we reviewed the record and the terms of the parties' agreement, and determined that the evidence established that the College gave to the appellant all that he was promised in his employment contract-a certain procedure for making and appealing reappointment decisions, which did not contemplate a court's review on the merits. We concluded that the contract itself prohibited judicial review of the findings the College made when it decided not to reappoint him, and thus we lacked \u201cjurisdiction,\u201d in a nontechnical sense, to review the merits of the College's decision. Baker, 532 A.2d at 403. In no way did we state or suggest that we had even contemplated restricting our review in reaching our decision. Thus, there is no precedent for restricting review in the present case, as the law currently stands in Pennsylvania.7 It remains, however, to determine whether a change in the law is in order. We consider, therefore, the propriety of the restricted standards the Superior Court embraced. When the Superior Court determined that it would limit its review to whether the University's protocol \u201ccomport[ed] with due process,\u201d Murphy, 745 A.2d at 1234, n. 2, its standard reflected the rule against which the actions of public entities are measured. Upon careful reflection, we can discern no principled basis for reviewing a breach of contract action that involves private conduct according to principles that arise out of the Fourteenth Amendment, and which govern state action.8 Alternatively, when the Superior Court agreed with the trial court's conclusion that the \u201csubstantial evidence\u201d of record supported the University's decision to terminate Murphy, its review reflected the standard that is applied under statute to administrative agency action. See 2 Pa.C.S. \u00a7 704. Likewise, we can discern no basis for this conceptual leap. From our perspective, this is a breach of contract case between private parties, in which the issues raised are no different from those the Pennsylvania judiciary has typically adjudicated when presented with allegations of a contract's breach. Although one of the parties to this dispute is an institution of higher learning, we see no need or reason to devise special rules for restricting review. This is so because private parties, including religious or educational institutions, may draft employment contracts which restrict review of professional employees' qualifications to an internal process that, if conducted in good faith, is final within the institution and precludes or prohibits review in a court of law. This is what was done by Lafayette College in Baker and, allegedly, by the University in this case. When a 2/21/25, 7:45 v (2001) | FindLaw 9/25 contract so specifies, generally applicable principles of contract law will suffice to insulate the institution's internal, private decisions from judicial review. We, therefore, agree with Murphy on the threshold issue and hold that the governing standard of review is that which the Pennsylvania courts have traditionally applied in determining whether summary judgment was properly granted in a breach of contract case. Our review on an appeal from the grant of a motion for summary judgment is well-settled reviewing court may disturb the order of the trial court only where it is established that the court committed an error of law or abused its discretion. Capek v. Devito, 767 A.2d 1047, 1048, n. 1 (Pa.2001). As with all questions of law, our review is plenary. Phillips v. A-Best Products Co., 542 Pa. 124, 665 A.2d 1167, 1170 (1995). In evaluating the trial court's decision to enter summary judgment, we focus on the legal standard articulated in the summary judgment rule. Pa.R.C.P. 1035.2. The rule states that where there is no genuine issue of material fact and the moving party is entitled to relief as a matter of law, summary judgment may be entered. Where the non-moving party bears the burden of proof on an issue, he may not merely rely on his pleadings or answers in order to survive summary judgment. \u201cFailure of a non- moving party to adduce sufficient evidence on an issue essential to his case and on which it bears the burden of proof \u2024establishes the entitlement of the moving party to judgment as a matter of law.\u201d Young v. PennDOT, 560 Pa. 373, 744 A.2d 1276, 1277 (2000). Lastly, we will view the record in the light most favorable to the non-moving party, and all doubts as to the existence of a genuine issue of material fact must be resolved against the moving party. Pennsylvania State University v. County of Centre, 532 Pa. 142, 615 A.2d 303, 304 (1992). In order to evaluate Murphy's contention that summary judgment in the University's favor is precluded by the existence of genuinely disputed, material facts as to whether the University breached the Contract when it determined that Murphy had forfeited his tenure, we must determine the Contract's terms. The principles of law that control this determination are well-established. The fundamental rule in interpreting the meaning of a contract is to ascertain and give effect to the intent of the contracting parties. Felte v. White, 451 Pa. 137, 302 A.2d 347, 351 (1973). The intent of the parties to a written agreement is to be regarded as being embodied in the writing itself. Steuart v. McChesney, 498 Pa. 45, 444 A.2d 659, 661 (1982). The whole instrument must be taken together in arriving at contractual intent. Felte, 302 A.2d at 351. Courts do not assume that a contract's language was chosen carelessly, nor do they assume that the parties were ignorant of the meaning of the language they employed. Steuart, 444 A.2d at 662. \u201c \u2018When a writing is clear and unequivocal, its meaning must be determined by its contents alone.\u2019 \u201d Felte, 302 A.2d at 351 (quoting East Crossroads Center Inc. v. Mellon Stuart Co., 416 Pa. 229, 205 A.2d 865, 866 (1965)). 2/21/25, 7:45 v (2001) | FindLaw 10/25 Only where a contract's language is ambiguous may extrinsic or parol evidence be considered to determine the intent of the parties. Hutchison v. Sunbeam Coal Co., 513 Pa. 192, 519 A.2d 385, 390 (1986 contract contains an ambiguity \u201cif it is reasonably susceptible of different constructions and capable of being understood in more than one sense.\u201d Id. This question, however, is not resolved in a vacuum. Instead, \u201ccontractual terms are ambiguous if they are subject to more than one reasonable interpretation when applied to a particular set of facts.\u201d Madison Construc. Co. v. Harleysville Mut. Ins. Co., 557 Pa. 595, 735 A.2d 100, 106 (Pa.1999). In the absence of an ambiguity, the plain meaning of the agreement will be enforced. Gene & Harvey Builders, Inc. v. Pennsylvania Mfrs.' Ass'n Ins. Co., 512 Pa. 420, 517 A.2d 910, 913 (1986). The meaning of an unambiguous written instrument presents a question of law for resolution by the court. Community College v. Community College, Society of the Faculty, 473 Pa. 576, 375 A.2d 1267, 1275 (1977). The issue the parties have raised regarding the Contract's meaning may be stated as follows: Through what process was the question as to whether Murphy forfeited tenure due to serious misconduct to be finally decided-the one outlined in the Contract or the one available to litigants in a court of law? Neither Murphy nor the University argues that the Contract is in this regard ambiguous. Rather, they both assert that the clear language of their agreement has only one reasonable meaning. Murphy contends that the Contract \u201cmerely state[d] that tenure could be forfeited for \u2018serious misconduct.\u2019 \u201d It did not state expressly that \u201chis tenure could be forfeited if it is determined via the process set forth in the [Statutes] that he has committed \u2018serious misconduct\u2019 or if the University President determines there are grounds for termination. \u2024\u201d (Appellant's Brief at 15-16) (emphasis in original). According to Murphy, therefore, a jury in a civil action has the right to determine whether his behavior rose to the level of serious misconduct. The University counters that the Contract, \u201cset[ ] forth precisely how this standard [was] to be evaluated and by whom. \u2024 [The University] did not agree to turn over to a judge or jury the right to decide whether that standard [was] met. That right under the applicable contract remained with the chief executive officer of the University.\u201d (Appellee's Brief at 23-24) (emphasis in original). To persuade us of the merits of their respective positions, we note that both parties urge us to review tenure cases from other jurisdictions. Although these cases are somewhat informative, their value to our present analysis is limited. This is because no two systems of tenure are alike.9 Through our research, we have discovered that the system of tenure contained in the Contract was unique, aimed at securing what the University deemed to be the best possible faculty to promote its mission and goals. Thus, we set forth at length the Contract that controls in this particular case to provide the framework for resolving Murphy's claim that summary judgment in the University's favor was erroneous. The Contract's provisions regarding tenure emanated from Statute IV, and established a carefully controlled procedure consisting of several steps. 2/21/25, 7:45 v (2001) | FindLaw 11/25 Under the Contract, upon the recommendation of designated officials, a teacher first joined the University's faculty through appointment by the President. Thereafter, a faculty member could advance in rank. Advancement in rank was not automatic; but rather, depended on performance. Only the University's President could confer advancement. Following a period of appointments to the faculty, a full-time member was eligible for promotion to tenure based on designated criteria. The Contract stated: Full-time members of the Faculty who have demonstrated excellence in teaching, scholarly and professional activities, and service to the University and who show promise of continued professional growth may be promoted to tenure. At least the following factors shall be considered in making the decision whether to award tenure: teaching performance; attainment of advanced degree; professional experience; participation in appropriate learned societies; evidence of significant scholarly research; University service; professional and community activities; and publication of articles or books held in high regard by other individuals in the faculty member's discipline, and contributions to the quality of campus life. The educational needs and priorities of the University and its financial circumstances shall also be important considerations in each tenure decision.\u2024 The Contract established a University Promotion and Tenure Committee that was responsible for reviewing candidates and recommending to the University's President those candidates whose promotion to tenure would serve the needs of the University and whose achievements clearly met University expectations. While the Contract required the President to consider relevant recommendations, it reposed the final decision to grant tenure exclusively in him. The Contract stated: Tenure may be awarded only by the President and only in writing. \u2024 In deciding whether to award tenure, the President shall consider, as appropriate, the recommendations of faculty member's department or School, University Promotion and Tenure Committee and Vice President for Academic Affairs. The [University Promotion and Tenure] Committee is advisory to the President who possesses discretionary authority in making final decisions. In Statute J., the Contract provided that \u201c[t]enure entitles the faculty member to renewal of employment until retirement or age 70, whichever first occurs.\u201d The Contract also provided in Statute K.1., that tenure could be forfeited, and set out a process whereby forfeiture would occur. Grounds for forfeiture were serious misconduct or professional incompetence.10 faculty member whose tenure was the subject of a proposed termination could request a hearing before the Committee. The Contract stated faculty member's tenure may be forfeited by serious misconduct or for professional incompetence. In the event of proposed termination for reasons of serious misconduct or for professional 2/21/25, 7:45 v (2001) | FindLaw 12/25 incompetency, tenured faculty shall be entitled to a hearing by a committee of the University Grievance Committee for Faculty. (see Statute VII, B.1.d.ii). The member shall be informed before the hearing by the President in writing of facts upon which such proposed termination is based and shall have the opportunity to present a defense. The member and the University may be represented at the hearing by counsel. There shall be a record made of the proceedings by electronic or other appropriate recording process and the same shall be made available to the parties. At the hearing, the testimony may include that of Faculty and other scholars, either from the University or from other institutions, and any other relevant testimony. The committee shall advise the faculty member and the University President of its decision in writing within 30 days from the date of the termination of the hearing. If the committee's recommendation is that the faculty member should not be terminated and the President concurs, the case shall be closed. If the committee's recommendation is that the faculty member be terminated and the President disagrees with that recommendation, the case shall be closed. If the President terminates the affected faculty member either by approval of the committee's recommendation or by his/her own decision, following a committee recommendation of retention, the affected faculty member may have the final decision of the President reviewed by the Board of Directors. Reprinting Statute in its entirety, the Contract also provided that the University bore the burden of proving serious misconduct by clear and convincing evidence. Moreover, under the Contract, the Committee would make a recommendation to the President, but once again, the President had final decision-making power with regard to a tenured professor's termination due to serious misconduct. The Contract stated: The burden of proof that adequate cause exists for the dismissal of a tenured faculty member rests with the institution and shall be satisfied only by clear and convincing evidence in the record considered as a whole. * * * Before a final decision is made by the President, he may meet with the Grievance Committee to discuss the merits of the Committee's findings and recommendations. No decision is to be made by the President at this meeting. * * * The President makes his/her final decision and communicates it to the Grievance Committee, the Academic Vice President and to the parties involved in the dispute. We turn now to the task of ascertaining the Contract's meaning according to the contract principles that guide us. Having thoroughly reviewed the parties' agreement, we cannot accept Murphy's interpretation, which is based exclusively on the way one sentence in the Contract was written. Simply 2/21/25, 7:45 v (2001) | FindLaw 13/25 put, the parties' contractual intent cannot be gleaned by ignoring all but one sentence in the Contract, and then reading that sentence out of context. Moreover, contrary to Murphy's claim, specific, express written language is not necessary for a particular contractual intent to exist in an agreement. Rather, it is common for the intent of contracting parties to be inherent in the totality of their contract. We accept, however, the University's position. We agree that the Contract was clear and unambiguous in setting out a process in Statute exclusively reserved to the University and its faculty for arriving at a conclusive determination as to whether Murphy's tenure had been forfeited for serious misconduct. Thus, while Murphy is free to assert in a court of law that the process of forfeiture that was afforded him did not comply with the Contract's terms, he is not free to demand that a jury re- consider and re-decide the merits of his termination. That this interpretation is correct is evident from a careful reading of the parties' entire Contract and the plain meaning of Statute K.1. when taken in context. Significantly, the source of the process of forfeiture of tenure under the Contract, like all decisions involving faculty employment, was the Statutes themselves. Thus, the Contract reflected that tenure forfeiture was considered a matter of the University's self-governance, and one that the parties had kept for themselves to determine. The Statute in the Contract dedicated to the faculty, Statute IV, was comprehensive, covering the faculty's activities, benefits, rights, and responsibilities. Paragraph K.1. of Statute IV, which controlled tenure's forfeiture, was but one piece of a larger procedure that ultimately determined who would be part of the University's permanent faculty. Commencing with a teacher's appointment to the faculty, the Contract provided a means for the University to determine whether re-appointment, advancement, promotion to tenure, or if need be, termination should occur. At each step, the University evaluated a teacher against an applicable standard: had he performed in a manner that allowed for advancement; had he demonstrated the \u201c excellence in teaching\u201d, the \u201cscholarly and professional activities\u201d, the \u201c service to the University\u201d and the \u201cpromise of continued professional growth\u201d that merited tenure; had he engaged in the \u201cserious misconduct or professional incompetence\u201d that warranted termination? The decisions made along the way, including the one for tenure forfeiture, were repeatedly described in the Contract as \u201cfinal.\u201d Statute K.1. spoke in terms of a \u201cclosed\u201d case. All of these decisions involved subjective judgments of a teacher's professional and personal qualities, and his potential for either advancing or impeding the University's mission. They required an intimate understanding of the teacher, and of the University's philosophy, policies, and day to day life. The Contract, therefore, gave to the University's process, final authority to make them. The University is an ecumenically-based institution dedicated to promoting through the members of its tenured faculty the ethical and religious values of the \u201cJudaeo-Christian tradition in its Catholic dimension.\u201d It comes as no surprise that the University and its faculty agreed not to cede to any lay outsider or secular institution the right to define and determine what behavior on the part of a faculty member was so antithetical to its 2/21/25, 7:45 v (2001) | FindLaw 14/25 mission that he could not remain a member of the University's community, and instead, concurred that the process set out in the Contract would finally decide whether a faculty member's actions rose to the level of serious misconduct and whether forfeiture was in order. Moreover, there was nothing in the Contract to indicate that any of the judgments relating to a faculty member's continued place in the University, or lack thereof, would be open to a judge or jury to override. Indeed, it would be unreasonable to believe that the parties intended that the process for deciding the matter of tenure forfeiture, which was so carefully elaborated in their Contract to the point of final determination, could be completely circumvented by the filing of a civil action. Rather, the detailed provisions of the Contract for deciding the matter have inherent in them the intent of the parties that the agreed-upon process was to be final. That intent, with respect to the finality of the process, is just as express and enforceable a promise as if it were actually written in the phrase that Murphy demanded. We hold, therefore, that Murphy is not entitled to litigate the merits of his termination in this breach of contract action. That is to say, the questions as to whether he engaged in serious misconduct and whether his serious misconduct should have resulted in the forfeiture of tenure have been conclusively and finally decided. We emphasize that the decision made about Murphy in this regard was not unrestrained. The Contract provided a judicial-like process and a standard for determining whether tenure forfeiture was warranted, and imposed upon the University an exacting burden of proof. Additionally, Murphy was entitled to, and in fact pursued, an appeal to the University's Board of Directors from the President's final decision. Moreover, Murphy was not subject to the President's whim. All of the participants in the process, including Murray, were required to follow the Contract's process to the letter, and fulfill their contractual obligations with good faith. We agree with the Superior Court's statement in Baker that \u201cwhen an employer expressly provides in an employment contract for a comprehensive evaluation and review process, a court may look to the employer's good faith to determine whether the employer has in fact performed those contractual duties.\u201d Baker, 504 A.2d at 255.11 Now that we have determined the terms of the Contract, it remains to consider the facts that Murphy maintains are material and genuinely disputed as to his claim of the Contract's breach. Murphy contends that a jury must resolve whether he engaged in the behavior that led to his termination and whether that behavior was serious misconduct. In light of our holding, we conclude that these questions are not material and not open to dispute and litigation in the present breach of contract claim. Murphy also contends that a genuine issue of material fact exists as to whether the University breached a procedural term of the Contract by not having its Board of Directors consider additional evidence and argument when it reviewed the President's decision to reject the Committee's recommendation in favor of retaining him. This alleged contractual term was not contained in paragraph K.1 of Statute IV. According to Murphy, it was found in the 1958 Statement on Procedural 2/21/25, 7:45 v (2001) | FindLaw 15/25 Standards in Faculty Dismissal Proceedings (\u201cStatement\u201d) of the American Association of University Professors (\u201cAAUP\u201d), as set forth in a letter the AAUP's Associate Secretary sent to him. Moreover, Murphy argues that contrary to the Superior Court's ruling, he is not collaterally estopped by the district court's decision from litigating this allegation. First, we consider the doctrine of collateral estoppel. Collateral estoppel applies when the issue decided in the prior adjudication was identical with the one presented in the later action; there was a final judgment on the merits; the party against whom the plea is asserted was a party or in privity with a party to the prior adjudication; and the party against whom it is asserted has had a full and fair opportunity to litigate the issue in question in the prior adjudication. Capek, 767 A.2d at 1051. Having carefully reviewed the district court's entire opinion and its general statement that the process Murphy received was in accordance with contractual provisions and University policy and procedures, we are not persuaded that all of the elements of collateral estoppel are met. More specifically, it is not apparent that Murphy had a full and fair opportunity to litigate whether the 1958 Statement was part of the process that the University had to follow. Further, it is not apparent that in addressing Murphy's assertion that the University's proferred reason for his termination was a pretext for age discrimination, that the district court was required to determine whether Murphy's termination satisfied all of the Contract's procedural terms that allegedly came from tangential materials. Therefore, we conclude that Murphy's allegation of procedural breach arising out of the 1958 Statement is not subject to collateral estoppel. Nonetheless, the issue offers Murphy no relief from summary judgment.12 With regard to the AAUP, through the Faculty Handbook, the Contract incorporated the 1940 Statement of Principles of Academic Freedom, the 1970 interpretive comments, as well as the policies and procedures enunciated in the 1984 edition of the Policy Documents and Reports, as long as they did not conflict with the University's procedures. Nothing in the Contract explicitly mentioned or referred to or incorporated by reference the 1958 Statement. Thus, we find there to be no material, disputed facts of procedural breach that await resolution at trial.13 Accordingly, albeit for different reasons, we affirm the order of the Superior Court, affirming the order of the trial court granting summary judgment in the University's favor find that the resolution of the issues presented in this case is controlled by our decision in Baker v. Lafayette College, 516 Pa. 291, 532 A.2d 399 (1987), and would affirm the order of the Superior Court on that basis 2/21/25, 7:45 v (2001) | FindLaw 16/25 1. From statements of record made by both parties, it would appear that a letter or other document of employment renewal was executed annually by the University and a faculty member with tenure. The renewal would contain terms specific to a particular school year and would incorporate by reference the terms of relevant materials, such as the Faculty Handbook and Statutes. The record contains only the letter the parties executed for the 1993-94 academic year, as well as the documents it incorporated, which was the latest embodiment of the parties' tenure agreement, and to which we refer in this opinion as the \u201cContract\u201d. See page 422, infra. 2. Title prohibits sex discrimination in any educational program or activity receiving federal financial assistance. 3. As the trial court pointed out, Murphy's argument was not clearly developed. At times Murphy argued that the University's breach consisted of its considering misconduct that occurred prior to the 1991 suspension, while at other times, he argued that it consisted of its considering misconduct that occurred prior to the June 2, 1993 renewal letter. (Trial Court Opinion at 18 & n. 1). We also observe that at times, Murphy made this argument only with regard to conduct about which the parties allegedly had knowledge as of June 1993.Moreover, Murphy conflated his position in this regard with the allegation that he could not be suspended and lose tenure for the same misbehavior. The later allegation was based on the applicability of Standards or Bylaws to the parties' tenure relationship. While the trial court did not specifically address Murphy's contention regarding the applicability of materials to the events at issue, the Superior Court did so, and rejected it. See page 425 & note 13, infra. 4. These issues were: whether serious misconduct could include conduct allegedly known to the parties when their agreement was formed; whether the Committee found that the standard of serious misconduct was met; whether Murray's December 1991 letter restricted Murphy's rights; whether one of the law students who testified before the Committee was credible; whether the University terminated Murphy to protect its position in Lynch's lawsuit; and whether an opinion from the on Murphy's termination precluded the entry of summary judgment. Id. at 1234-35. Except for the assertion that his actions did not rise to the level of serious misconduct, Murphy has not preserved these issues in the present appeal. 5. The dissent believed that the trial court erred in applying a limited standard of judicial review and would have used the typical standard on summary judgment. Murphy, 745 A.2d at 1241-43. (Brosky, J., dissenting). The dissent further believed that questions of material fact existed as to whether Murphy engaged in serious misconduct and that, therefore, the University's motion for summary judgment should not have been granted. Id. at 1243. Lastly, the dissent believed that the trial court erred in applying collateral estoppel on the grounds that Murphy was not afforded in federal court a full and fair 2/21/25, 7:45 v (2001) | FindLaw 17/25 opportunity to litigate whether or not the process extended to him complied with the Contract. Id. at 1243-45. 6. The appellant also alleged in his breach of contract claim that he had an enforceable right to renewal of his two-year contract. This allegation was found by the lower courts to have no merit. Baker, 504 A.2d at 253-55. As this aspect of the Baker case is not relevant to the issues raised in this appeal, we do not discuss it. 7. In addition to Baker, the Superior Court majority cited several other cases to support its decision to restrict review. They too are inapposite. In Schulman v. Franklin and Marshall College, 371 Pa.Super. 345, 538 A.2d 49 (1988), and Psi Upsilon v. University of Pennsylvania, 404 Pa.Super. 604, 591 A.2d 755 (1991), the courts determined that they had been provided with no legal basis upon which to enjoin a school's decision to impose sanctions on students for on-campus misbehavior. In Sola v. Lafayette College, 804 F.2d 40 (3d Cir.1986), the court refused to allow a teacher who had been denied tenure to challenge a tenure quota as violative of public policy under a wrongful discharge theory. 8. Throughout, the parties have treated this action as involving allegations that a private employment contract was breached. Except for an allegation in his Response to the University's Motion for Summary Judgment that the University committed a procedural breach of contract by violating the rules and regulations of the that mirror principles of \u201cdouble jeopardy,\u201d (which he has abandoned), Murphy has not alleged that he was entitled to due process under the Pennsylvania or the United States Constitution. Nor has he argued by analogy that the University's procedures must be evaluated for fundamental fairness. See Boehm v. University of Pennsylvania, 392 Pa.Super. 502, 573 A.2d 575, 580- 81 (1990) (noting that some courts have permitted inquiry into whether proceedings to discipline students established by a private academic institution incorporated basic notions of due process and fundamental fairness).In light of the Superior Court's ruling on the standard of review, in the present appeal, Murphy argues that the Superior Court impermissibly transformed the Contract's procedure for tenure termination into an agreement for binding arbitration, and then challenges it as violative of constitutional due process in failing to provide for an impartial decision-maker. Because we reject the Superior Court's ruling, and accept Murphy's assertion that he is entitled to traditional judicial review, we need not address that challenge. 9. As the Maryland Court of Special Appeals pointed out in Johns Hopkins University v. Ritter, 114 Md.App. 77, 689 A.2d 91 (1997), well over 90% of American colleges and universities, public and private, have a tenure system. Id. at 93. Most tenure systems are based in some measure on the 1940 Statement of Principles and Interpretive Comments developed by the Association of American Colleges and the American Association of University Professors. The 1940 Statement, however, was a statement of principles, \u201cnot a prescription of substantive institutional practice.\u201d Id. (quoting Faculty Tenure, a Report and Recommendations by the Commission on Academic Tenure in Higher Education, 2- 2/21/25, 7:45 v (2001) | FindLaw 18/25 3 (1973)). Thus, the tenure systems adopted respectively by the nation's schools are far from uniform. Indeed, on every aspect of tenure, policies and practices vary significantly. Id. 10. Statute K.2. set forth a process for \u201c[t]ermination of a tenured appointment for reasons of final exigency.\u201d 11. We point out that this obligation of good faith is tied specifically to and is not separate from the duties a contract imposes on the parties. It is akin to the contract doctrine of necessary implication that has been described as follows:In the absence of an express provision, the law will imply an agreement by the parties to a contract to do and perform those things that according to reason and justice they should do in order to carry out the purpose for which the contract was made and to refrain from doing anything that would destroy or injure the other party's right to receive the fruits of the contract.Slater v. Pearle Vision Center, 376 Pa.Super. 580, 546 A.2d 676, 679 (1988) (quoting Frickert v. Deiter Bros. Fuel Co. Inc., 464 Pa. 596, 347 A.2d 701 (1975)) (Pomeroy, J., concurring) (quoting D.B. Van Campen Corp. v. Building and Const. Trades Council, 202 Pa.Super. 118, 195 A.2d 134, 136 (1963)). 12. Although the record shows that Murphy raised this issue in the lower courts, it would appear that because he did not argue it clearly, neither the trial court not the Superior Court distinguished it from Murphy's allegation of procedural breach based on the Standards and Bylaws. Inasmuch as our review is plenary and this question presents an issue of interpreting the Contract, we will address it, rather than remand, in the interests of judicial economy and efficiency. 13. As we have already noted, Murphy also asserted that Bylaws or Standards precluded the University from punishing him twice for the same behavior. Even though the Superior Court concluded that collateral estoppel applies to allegations of procedural breach, it resolved the allegation relating to the on the merits. The court rejected Murphy's allegation, concluding that the Contract did not incorporate the Bylaws or Standards or procedural requirements upon which Murphy relied. Murphy, 745 A.2d at 1235. It is not clear whether Murphy continues to pursue this particular assertion as a procedural breach, as it is mentioned only in passing in a footnote in his Brief. Assuming that he does, our review of the record reveals that the Superior Court's interpretation of the Contract is correct. We also point out that Murphy admitted in his deposition that the Standards do not explicitly prohibit punishing a faculty member twice for the same misbehavior. CAPPY, Justice. Mr. Justice and Madame Justice did not participate in the consideration or decision of this matter. Mr. Justice files a concurring opinion. 2/21/25, 7:45 v (2001) | FindLaw 19/25 Was this helpful? Yes No Welcome to FindLaw's Cases & Codes free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law. 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Sign up for our consumer newsletter \uf105 Our Team Accessibility Contact Us \uf105 By Location By Legal Issue By Lawyer Profiles Legal Forms & Services Learn About the Law State Laws U.S. Caselaw U.S. Codes Legal issue need help near (city code or country) Bahawalpur, Punjab \uf057 2/21/25, 7:45 v (2001) | FindLaw 24/25 US: \uf09a \uf16a \uf16d By Name Copyright \u00a9 2025, FindLaw. All rights reserved. Terms > | Privacy > | Disclaimer > | Cookies > 2/21/25, 7:45 v (2001) | FindLaw 25/25", "7314_102.pdf": "From Casetext: Smarter Legal Research Murphy v. Duquesne Univ. of Holy Ghost Superior Court of Pennsylvania Dec 29, 1999 1999 Pa. Super. 339 (Pa. Super. Ct. 1999) Copy Citations Download Check Treatment Delegate legal research to CoCounsel, your new legal assistant. Try CoCounsel free No. 2172 Pittsburgh 1998. Argued April 21, 1999. Filed December 29, 1999. Petition for Reargument Denied March 10, 2000. Appeal from the Order entered November 4, 1998, in the Court of Common Pleas of Allegheny County, Civil No. GD98-012062 *1229 1229 Philip A. Ignelzi, Pittsburgh, for appellant. Martha H. Munsch, Pittsburgh, for appellee. Sign In Search all cases and statutes... Opinion Case details 2/21/25, 7:45 Murphy v. Duquesne Univ. of Holy Ghost, 745 A.2d 1228 | Casetext Search + Citator 1/30 and BROSKY, JJ. \u00b6 1 Cornelius F. Murphy, Jr., appeals from the order granting summary judgment against him and in favor of Duquesne University of the Holy Ghost on his breach of contract claim. Upon careful review of the record and the applicable law, we affirm the trial court's order. \u00b6 2 The University first hired Professor Murphy to teach law in 1966. Once he was granted tenure, the parties executed a tenure contract, reviewable annually, which incorporates by reference the University Statutes and Faculty Handbook. Generally, a faculty member with tenure is entitled to annual renewal of employment until retirement or age 70, whichever occurs first. The Statutes and the Handbook contain provisions by which tenure is forfeited. Pertinent to this action is the following: Termination of Tenure Forfeiture for misconduct or for incompetence faculty member's tenure may be forfeited by serious misconduct or for professional incompetence. In the event of proposed termination for reasons of serious misconduct, tenured faculty shall be entitled to a hearing by a committee of the University Grievance Committee for Faculty (see Statute VII, B.1.d.ii). The member shall be informed before the hearing by the President in writing of facts upon which such proposed termination is based and shall have the opportunity to present a defense. The member and the University may be represented at the hearing by counsel. There shall be a record made of the proceedings by electronic or other appropriate recording process and the same shall be made available to the parties. The committee shall advise the faculty member and the University President of its decision in writing within 30 days from the date of the termination of the hearing. If the President terminates the affected faculty member either by approval of the committee recommendation or by his/her own decision, following a committee recommendation of retention, the affected faculty 2/21/25, 7:45 Murphy v. Duquesne Univ. of Holy Ghost, 745 A.2d 1228 | Casetext Search + Citator 2/30 member may have the final decision of the President reviewed by the Board of Directors. Faculty Handbook, Section 5.K.1, at 12. The University's Sexual Harassment Policy *1230 in effect at the relevant time provides in pertinent part: 1230 Unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature constitute sexual harassment when: Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's initial employment, advancement or education; Submission to or rejection of such conduct by an individual is used as the basis for academic decisions affecting that individual; Such conduct has the purpose or effect of substantially interfering with an individual's academic or professional performance or creating an intimidating, hostile or offensive employment, educational, or living environment. \u00b6 3 Bonita Lynch filed a sexual harassment claim against Professor Murphy in the fall of 1991. Ms. Lynch was a student in one of Professor Murphy's classes, a course required of all first-year students. Ms. Lynch filed her complaint with the University's Affirmative Action Officer, Dr. Judith Griggs, alleging Professor Murphy subjected her to unwelcome physical contact, attempted to have a sexual relationship with her, and implied her education would suffer if she did not cooperate with his advances. She also alleged Professor Murphy assisted her with a law school project assigned by another professor. \u00b6 4 Dr. Griggs conducted an investigation; on December 3, 1991, she submitted her report to the University President, John E. Murray. Dr. Griggs' report concluded Professor Murphy had created a hostile environment for Ms. Lynch and provided her with improper assistance with her classwork. 2/21/25, 7:45 Murphy v. Duquesne Univ. of Holy Ghost, 745 A.2d 1228 | Casetext Search + Citator 3/30 \u00b6 5 By letter dated December 5, 1991, President Murray notified Professor Murphy that he accepted the conclusions of Dr. Griggs' report, and stated Professor Murphy would be permitted to complete his teaching assignments that semester, but then would be suspended until June 1, 1992. As a condition of reinstatement, Professor Murphy was to seek professional counseling with the goal of providing assurances his behavior would not be repeated. The letter also warned: Should any future manifestation of such unacceptable behavior occur even outside the classroom with relation to any Duquesne student or other member of the Duquesne Community, or should other evidence of similar past behavior with students or members of the Duquesne Community be forthcoming, the University will immediately review such information and take appropriate action. Letter from President Murray to Professor Murphy, 12/5/91, at 3 (emphasis added). \u00b6 6 In June, 1992, it was determined Professor Murphy complied with the University's disciplinary directives; he was reinstated to his tenured position and completed the 1992-93 school year without incident. The parties renewed their tenure contract for the 1993-94 academic year, but before the term began, the University learned of allegations involving Professor Murphy and four other students, in addition to Ms. Lynch. The essence of these allegations was that Professor Murphy engaged in a pattern of approaching selected female students and trying to create social relationships with them. The students' perceptions of these encounters made them uneasy to the point they tried to avoid Professor Murphy and elective courses he taught. While two of these students had been interviewed by Dr. Griggs in 1991, the University reopened its investigation and placed Professor Murphy on leave of absence with pay. The University subsequently notified Professor Murphy it was considering terminating his status as a tenured professor, but advised him he was entitled to a hearing before the University Grievance Committee for Faculty (USFG), and informed him of eight *1231 specific allegations on which their consideration was based. 1231 2/21/25, 7:45 Murphy v. Duquesne Univ. of Holy Ghost, 745 A.2d 1228 | Casetext Search + Citator 4/30 \u00b6 7 Professor Murphy requested the hearing. The Faculty Handbook provides that at such hearing, the University had the burden of proving by clear and convincing evidence that Professor Murphy was guilty of serious misconduct. The hearing committee was to issue findings, a report and a recommendation to the University President, who would make the final decision; the President was not bound to accept the Committee's recommendation. \u00b6 8 The hearing took two days. Professor Murphy was represented by counsel, who called witnesses and submitted exhibits on his behalf, and cross-examined witnesses, including the four students who alleged Professor Murphy engaged in improper conduct toward them. Bonita Lynch chose not to testify, as her lawsuit against the University was pending in civil court; the Committee did not have subpoena power. Ms. Lynch's story was presented through other witnesses; Professor Murphy testified their relationship was consensual, but admitted he provided academic assistance to her. He denied giving similar assistance to other students. Both sides submitted post-hearing briefs and proposed findings of fact. \u00b6 9 The Committee found Professor Murphy provided substantial and improper assistance to Ms. Lynch. The Committee characterized his assistance as quid pro quo in the context of sexual harassment. With respect to the other students, the Committee found Professor Murphy engaged in a pattern of behavior by which he abused his role as professor and created a hostile environment, which they concluded was a form of sexual harassment. The Committee chastised Professor Murphy for his behavior: \"The is offended by Professor Murphy's past conduct of repetitive approaches to his women students and dismayed by his apparent reluctance to comprehend the ethical and legal principles involved.\" Findings and Conclusions of Grievance Committee for Faculty, 12/2/94, at 10. The Committee concluded, however, that the University failed to meet its burden of proof with respect to six allegations, and concluded insufficient grounds existed for termination. The Committee based this recommendation against termination solely as \"an application of the doctrine of laches.\" Id. The Committee reasoned that much of the evidence was available to the University when Ms. Lynch first filed her complaint, and Professor Murphy had since undergone suspension and counseling. 2/21/25, 7:45 Murphy v. Duquesne Univ. of Holy Ghost, 745 A.2d 1228 | Casetext Search + Citator 5/30 \u00b6 10 The University President accepted certain substantive findings of the committee but rejected the application of laches. In a letter to the Chairman of the committee, President Murray emphasized \"[t]he directive to Professor Murphy to pursue counseling was expressly designed to forfend future misconduct for current students and was expressly not designed as a sanction for past misconduct.\" Letter of January 4, 1995, at 11. President Murray concluded: \"The University has, by abundantly clear and convincing evidence, established more than sufficient grounds to support the finding of serious misconduct by Professor Murphy and consequent termination of Cornelius F. Murphy, Jr. as a tenured professor at Duquesne University.\" Id. \u00b6 11 By letter dated January 4, 1995, President Murray terminated Professor Murphy as a tenured professor. Professor Murphy requested the University Board of Directors review the President's decision. Upon review, the Board affirmed the President's decision. \u00b6 12 This lawsuit followed, initially filed in federal court. Professor Murphy asserted claims under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. \u00a7 623(a), and the Pennsylvania Human Relations Act (PHRA), 43 P. S. \u00a7 951 et seq. He also pleaded a claim for breach of contract, contending the University breached both substantive and procedural provisions of the tenure contract. By order dated June 30, 1998, the district court *1232 granted the University's motion for summary judgment on the claim, and did not retain jurisdiction of the two remaining state law claims. Professor Murphy transferred the case, by praecipe, to the Court of Common Pleas of Allegheny County, and voluntarily discontinued the claim, leaving the breach of contract claim as the sole remaining cause of action. The University filed a motion for summary judgment as to that claim, which the trial court granted by Order dated November 4, 1998. 1232 \u00b6 13 The trial court reasoned the propriety of summary judgment depends largely on the standard of review. If it was obliged to consider Professor Murphy's claims de novo, summary judgment was not appropriate, as material issues of fact were yet to be resolved. Although the trial court found no Pennsylvania law precisely on point, it determined the better approach to be a limited review, since Pennsylvania law generally favors a deferential review of internal university decisions. See Baker v. Lafayette 2/21/25, 7:45 Murphy v. Duquesne Univ. of Holy Ghost, 745 A.2d 1228 | Casetext Search + Citator 6/30 College , 532 A.2d 399 (Pa. 1987). The trial court also cited the limited standard of review set forth in two Ohio decisions. Brahim v. Ohio College of Podiatric Medicine , 651 N.E.2d 30 (Ohio Ct. App. 1994) and Yackshaw v. John Carroll University Board of Trustees , 624 N.E.2d 225 (Ohio Ct. App. 1993). That standard is described as follows: [W]hen the parties' contract defines the procedure to be used to determine termination of a tenured professor's contract at a private university, the standard of review is whether the contract and the United States Constitution have been adhered to, and whether there is substantial evidence in the record to support the termination. Brahim , at 35 (quoting Yackshaw , supra ). Applying this standard, the trial court concluded summary judgment was proper: \"No reasonable person could dispute that the record compiled by the fact finders in this case contains substantial evidence of serious misconduct by Professor Murphy.\" Trial Court Opinion, 11/4/98, at 17. \u00b6 14 The trial court observed it was within the President's discretion to reject the committee's recommendation. The trial court also found no breach of the procedural provisions of the contract simply because the decision to terminate was partly based on conduct pre-dating his suspension. Professor Murphy suggested he had been disciplined for all pre- suspension misconduct, but the court found nothing in the Handbook to suggest further action was barred unless preserved in writing. The court pointed to President Murray's letter of December 5, 1991, which expressly warned Professor Murphy if evidence of similar past behavior came to light, the University would review it and take appropriate action. The court also concluded any claim of breach of the procedural provisions of the contract was barred by collateral estoppel, as that issue was conclusively decided by the federal court. \u00b6 15 Professor Murphy raises three issues for our review: Whether the trial court erred as a matter of law in granting summary judgment against a tenured university professor by failing 2/21/25, 7:45 Murphy v. Duquesne Univ. of Holy Ghost, 745 A.2d 1228 | Casetext Search + Citator 7/30 to grant de novo review of his substantive and procedural contract claims? Whether the trial court erred in granting summary judgment where genuine issues of material fact existed, even under a limited standard of review as to whether Plaintiff's conduct viewed in the light most favorable to him amounted to \"serious misconduct\" necessary to terminate the ongoing contract? Whether the trial court erred in applying collateral estoppel to bar litigation of the procedural aspects of Plaintiff's breach of contract claim based upon statements in an opinion dealing with an age discrimination claim? \u00b6 16 Our review of the trial court's grant of summary judgment is plenary. Juniata Valley Bank v. Martin Oil Company , *1233 1999 Pa. Super 2351, at **3 (Pa.Super. Aug. 4, 1999). Summary judgment is proper where the pleadings, depositions, answers to interrogatories, admissions and affidavits and other materials show there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Swartley v. Hoffner , 734 A.2d 915, 918 (Pa.Super. 1999); see Pa.R.C.P. 1035.1-1035.5. We must view the record in the light most favorable to the opposing party and resolve all doubts as to the existence of a genuine issue of material fact in favor of the nonmoving party. P.J.S. v. Pennsylvania State Ethics Commission , 723 A.2d 174, 176 (Pa. 1999). We will reverse the trial court's grant of summary judgment only upon an abuse of discretion or error of law. Moses v. T.N.T. Red Star Express , 725 A.2d 792, 795 (Pa.Super. 1999), appeal denied, 1999 Pa 1755 (Pa. June 21, 1999). 1233 \u00b6 17 We first address the contention that the University's internal grievance procedures should be subject to de novo judicial review June 2, 1993 letter, offering the terms for tenure for the 1993-94 school year, sets forth Professor Murphy's salary and incorporates by reference certain sections of the University Statutes and Faculty Handbook. See Handbook 5.K.1. and 7.D; Statute IV.K.i. These provide that grounds for termination include \"serious misconduct,\" although they do not define the term, and set forth specific grievance procedures to which a faculty member is entitled. 2/21/25, 7:45 Murphy v. Duquesne Univ. of Holy Ghost, 745 A.2d 1228 | Casetext Search + Citator 8/30 \u00b6 18 Murphy does not dispute that the prescribed procedures were followed, nor does he suggest they failed to comport with due process. District Court Judge Cindrich found the procedure \"roughly comported with due process of law.\" District Court Memorandum Opinion, 7/15/98, at 23. Murphy challenges President Murray's final conclusion that he committed serious misconduct and claims he is entitled to full judicial review of that decision. \u00b6 19 Pennsylvania law favors limited judicial review of internal university decisions. In Baker v. Lafayette College , supra , a professor appealed to the college president when his two-year appointment was not renewed. Pursuant to college procedures, an advisory committee was appointed and reviewed the matter. Despite the committee's challenge to the reliability of evaluations conducted by the department chair and the dean, the president denied the professor's appeal, and the board of trustees affirmed that decision. The professor sued for breach of contract. The trial court granted summary judgment in favor of the college and the Supreme Court affirmed: As in all aspects of life, no procedure is fool proof. In our judicial system we have various appeals to review lower court determinations alleged to be improper or unwise. The purpose of appellate review is to correct any prior wrongdoings. Likewise, The Faculty Handbook sets forth review procedures. In accordance with these procedures, the Appellant appealed to the president of the College and ultimately to the board of trustees. We would be hard- pressed to conclude that the College acted in bad faith when it followed the required review procedures. This Court has no jurisdiction to review the factual determinations of a college's governing body unless it can be clearly demonstrated that that body violated its own procedures. Id. , at 403 (emphasis). \u00b6 20 Although the professor in Baker was not tenured, he did have an employment contract, which he claimed the college breached. His failure to be reappointed was subject to prescribed review procedures, including the right to an internal appeal. The critical factor is that the college had in place specific review procedures which the Supreme Court declined to review absent a demonstration that the procedures were not followed. 2/21/25, 7:45 Murphy v. Duquesne Univ. of Holy Ghost, 745 A.2d 1228 | Casetext Search + Citator 9/30 \u00b6 21 Our reading of Baker is supported by \"clear sentiment reflected in our case law\" favoring limited judicial review of college or university determinations. See , *1234 e.g. , Psi Upsilon of Philadelphia v. University of Pennsylvania , 591 A.2d 755, 760 (Pa.Super. 1991) (courts should not interfere with university's internal procedure and discipline in the absence of real prejudice, bias or denial of due process), appeal denied, 598 A.2d 994 (Pa. 1991); Schulman v. Franklin Marshall College , 538 A.2d 49, 52 (Pa.Super. 1988 college is a unique institution which, to the degree possible, must be self-governing and the courts should not become involved in that process unless the process has been found to be biased, prejudicial or lacking in due process\"); Sola v. Lafayette College , 804 F.2d 40, 42 (3d Cir. 1986) (where faculty member who was denied tenure brought breach of contract and wrongful discharge claims, the Third Circuit expressed reluctance \"to interfere with the internal operations of academic institutions absent direction from the legislature\" and warned that such judicial evaluation \"may threaten the college's institutional academic freedom\"). 1234 1 1 We acknowledge McConnell v. Howard University , 818 F.2d 58 (D.C. Cir. 1987), which suggests limited review would be inappropriate in this case. Although certain reasoning in McConnell is facially attractive, Baker and the Pennsylvania cases cited above convince us a deferential, limited review is the law in this Commonwealth. \u00b6 22 We do not conclude that no review is appropriate, or that the University's grievance procedure is Professor Murphy's exclusive binding forum. However, we must accord deference to a private institution's internal factfinding and appeals procedures, if they comport with due process.2 2 \"The essential elements of due process are notice and opportunity to be heard and to defend oneself in an orderly proceeding adapted to the nature of the case before a tribunal having jurisdiction over the matter. Due process also requires an opportunity to confront and cross-examine adverse witnesses.\" Lewis v. School District of Philadelphia , 690 A.2d 814, 816 n. 12 (Pa.Commw. 1997). \u00b6 23 While Professor Murphy did not have the opportunity to cross-examine Ms. Lynch, the record suggests her evidence alone would not have been 2/21/25, 7:45 Murphy v. Duquesne Univ. of Holy Ghost, 745 A.2d 1228 | Casetext Search + Citator 10/30 dispositive. President Murray focused on the testimony of the four students, on the pattern of conduct, and the evidence that Professor Murphy abused the power of his role as a professor, creating a hostile environment for female law students. It was the testimony of the four other students that demonstrated the pattern of behavior and the environment it created. While Professor Murphy admitted improperly doing academic work for Ms. Lynch, it was not merely the allegations of the absent Ms. Lynch that led to President Murray's decision. \u00b6 24 Professor Murphy next argues that even under a limited standard of review, the trial court erred in finding no genuine issues of material fact exist; this is premised on a claim the court failed to view matters in the light most favorable to him as the non-moving party. \u00b6 25 While the term \"serious misconduct\" is not defined in the contract or University Statutes, the trial court determined \"No reasonable person could dispute that the record compiled by the factfinders in this case contains substantial evidence of serious misconduct by Professor Murphy.\" Trial Court Opinion, at 17. Upon a thorough review of the record, we agree. The record contained substantial evidence of a pattern of conduct that by any reasonable definition constitutes \"serious misconduct,\" particularly when committed by the authoritative figure of a law school professor against first- year students. The factual findings of Professor Griggs and the committee, the extensive analysis of the evidence by President Murray, together with Professor Murphy's own admissions and testimony, adequately support the trial court's conclusion. \u00b6 26 Professor Murphy identifies a number of issues of fact which he maintains preclude summary judgment. *1235 1235 Whether \"serious misconduct\" can include conduct known to the parties when the contract was formed; Whether the found the \"serious misconduct\" standard was met when the committee rejected six out of the eight allegations brought against Professor Murphy; 2/21/25, 7:45 Murphy v. Duquesne Univ. of Holy Ghost, 745 A.2d 1228 | Casetext Search + Citator 11/30 Whether President Murray's letter of December 5, 1991 restricted Professor Murphy's contract rights; Whether Ms. Farkas' testimony was credible in light of the fact her name was revealed only six days before she testified (suggesting the University recruited her to testify against Professor Murphy); Whether the University terminated Professor Murphy to protect its position in the threatened Lynch lawsuit; Whether the American Association of Law Schools' determination, that the University breached the contract by punishing Professor Murphy for pre-suspension conduct, precludes summary judgment. \u00b6 27 Some of these are questions of law decided by the trial court and now addressed by this Court. Some are not material to the alleged breach of contract or, in light of all the evidence of record, are insufficient to preclude summary judgment. For example, by letter dated April 13, 1995, the Executive Director of the Association of American Law Schools (AALS) notified the University and Professor Murphy of its subcommittee determination \"that there is probable cause to believe that there has been a violation of the Association's Bylaws concerning academic freedom and tenure.\" Professor Murphy contends standards are incorporated into the contract and the determination its Bylaws were violated is evidence of breach of contract. However, the contract expressly states the Articles of Association are incorporated in the contract; those Articles do not expressly address termination of tenure. Professor Murphy conceded, in deposition testimony, the standards do not explictly prohibit punishing a faculty member twice for the same offense.\" Professor Murphy Deposition, 2/25/97, at 293-94. Thus, the subcommittee determination is not material to whether the University breached procedural aspects of its contract with Professor Murphy. \u00b6 28 Professor Murphy also relies on Bernstein v. Lipper Manufacturing Company , 160 A. 770 (Pa. 1932), for the proposition that in a claim for breach of an employment contract, a jury must decide whether cause for termination exists where the supporting evidence is in dispute. In Bernstein , the court held: \"What constitutes a sufficient cause for the discharge of a 2/21/25, 7:45 Murphy v. Duquesne Univ. of Holy Ghost, 745 A.2d 1228 | Casetext Search + Citator 12/30 servant is a question of law, and where the facts are undisputed or admitted it is for the court, but where the evidence to sustain the justification for discharge is disputed, the jury must pass on it.\" Id ., at 771. Bernstein is distinguishable from this case in that it did not involve a written contract; there was no provision agreed to by the parties providing how cause was to be determined, and by whom. Moreover, Bernstein did not involve a limited standard of review; under a limited standard there are no issues of fact to submit to a jury, where there is sufficient undisputed evidence of record to support a finding of serious misconduct. \u00b6 29 Professor Murphy also contends the trial court erred in finding his breach of contract claim was barred by collateral estoppel. To determine whether collateral estoppel applies, we determine whether: An issue decided in a prior action is identical to one presented in a later action; The prior action resulted in a final judgment on the merits; The party against whom collateral estoppel is asserted was a party to the prior action, or is in privity with a party to the prior action; and The party against whom collateral estoppel is asserted had a full and *1236 fair opportunity to litigate the issue in the prior action. 1236 Rue v. K-Mart Corporation , 713 A.2d 82, 84 (Pa. 1998). \u00b6 30 In finding the elements for collateral estoppel in this case, the trial court relied on the following from Judge Cindrich's opinion: [T]he process employed in seeking out the truth concerning the charges was in accordance with the established contractual provisions and University policy and procedure, which roughly comported with due process of law. District Court Memorandum Opinion, at 23. \u00b6 31 Professor Murphy argues \"[t]he issue here is whether Duquesne breached any procedural requirement of the contract.\" Appellant's brief, at 2/21/25, 7:45 Murphy v. Duquesne Univ. of Holy Ghost, 745 A.2d 1228 | Casetext Search + Citator 13/30 47. Before the district court, Professor Murphy argued that an employer's failure to follow its own procedures is evidence of pretext. Since pretext was an essential element of Professor Murphy's age discrimination claim, see District Court Memorandum Opinion, at 12-13, the court's determination that the University followed its own procedures was essential to the judgment in that case. This is identical to Professor Murphy's procedural breach of contract issue raised herein, making Professor Murphy's reliance on Zinman v. Prudential Insurance Company of America , 909 F. Supp. 279 (E.D. Pa. 1995), unfounded. The court in Zinman was asked to decide whether the plaintiff was entitled to a jury trial, an issue wholly incidental to whether he could recover disability benefits. By contrast, the issue raised by Professor Murphy in the federal action went to an element of his substantive claim. 3 3 Professor Murphy also contends an exception to Section 28 of the Restatement (Second) of Judgments precludes application of collateral estoppel. He cites no Pennsylvania case law, but relies on Zinman for this proposition: \"an issue is not estopped from relitigation when (a) it is an issue of law, and (b) the two actions involve claims that are substantially unrelated or `a new determination is warranted in order to take account of an intervening change in the applicable legal context or otherwise to avoid inequitable administration of the laws.'\" Id. , at 282 (quoting Restatement (Second) of Judgments \u00a7 28(2)). In Zinman , the court in the prior action applied the law of the Eighth Circuit to determine the plaintiff's right to a jury trial; this differed from the law of the Third Circuit applicable in the subsequent action. Murphy argues the \"uncertainty\" regarding what standard of review Judge Cindrich applied to procedural aspects of the contract justifies application of this exception, but this speculation is baseless. Judge Cindrich plainly set forth at the outset of his analysis a traditional summary judgment standard of review. Murphy thus suggests no appropriate basis for application of this exception. \u00b6 32 Regarding the second element, there was a final judgment on the merits when the district court granted summary judgment in favor of the University, a ruling Professor Murphy did not appeal. The parties were identical in both the federal and state cases, satisfying the third element. 2/21/25, 7:45 Murphy v. Duquesne Univ. of Holy Ghost, 745 A.2d 1228 | Casetext Search + Citator 14/30 BROSKY, J., DISSENTING. \u00b6 33 Finally, Professor Murphy had a full and fair opportunity to litigate the issue in the federal action, since he plainly relied on evidence of the process accorded him to support his contention of pretext. He had the opportunity to argue the University's proceedings (including the President's decision to terminate) were arbitrary because they were motivated by age discrimination. His argument in this case is the same, that the University's termination proceedings were arbitrary and evidenced a breach of contract. Accordingly, Professor Murphy's suggestion the district court failed to fully review the breach of contract claim is unavailing. Collateral estoppel precludes relitigation of an issue in a later action, even though based on a cause of action different from the one previously litigated. Balent v. City of Wilkes-Barre , 669 A.2d 309, 313 (Pa. 1995); see also McNeil v. Owens- Corning Fiberglas Corporation , 680 A.2d 1145, 1148 (Pa. 1996) (\"[I]ssue preclusion serves the twin purposes of protecting litigants from assuming the burden of re-litigating the *1237 same issue with the same party, and promoting judicial economy through preventing needless litigation\"). 1237 \u00b6 34 Both the federal and state actions necessarily involved an examination of the University's termination proceedings to determine whether they were arbitrary and non-compliant with the University Statutes, Faculty Handbook and the contract. Accordingly, the trial court did not err in its application of collateral estoppel. \u00b6 35 For the foregoing reasons, we affirm the trial court's grant of summary judgment. \u00b6 36 Order affirmed. \u00b6 37 Brosky, J. files a Dissenting Opinion. \u00b6 1 What this case presents is a question of whether the fate of Professor Murphy should be dictated by sound, if not a somewhat overly technical, analysis of law or whether a logical application of law should give way to what is arguably a more appealing and expedient public policy stance am of the view that a proper application of the law requires the vacation of the 2/21/25, 7:45 Murphy v. Duquesne Univ. of Holy Ghost, 745 A.2d 1228 | Casetext Search + Citator 15/30 order granting summary judgment in favor of Duquesne University. Since the majority reaches the opposite conclusion dissent. \u00b6 2 Despite the attempts of the University and the majority to guise this case as something it is not it is important to remember that the present case is a breach of contract case, plain and simple. It is neither more than that, nor less than that. It is well established that a \"contract\" of employment is, generally speaking and absent terms to the contrary, terminable at will by either party. Henry v. Pittsburg Lake Erie Railroad Co. , 21 A. 157 (Pa. 1891), Geary v. U.S. Steel Corporation , 319 A.2d 174 (Pa. 1974). However, the nature of this relationship can be changed by agreement of the parties. Id . Under the terms of Appellant's \"contract\" with Duquesne University he was entitled to continued employment absent \"serious misconduct\" or \"professional incompetence.\" Professional incompetence has not been alleged, and therefore, is not at issue here, but Duquesne's dismissal of Appellant equates to a conclusion, on the University's part, that Appellant was guilty of \"serious misconduct.\" Appellant takes exception to this conclusion and, thus, has filed a breach of contract suit against the University. \u00b6 3 Up to this point in the analysis the present case appears simply as a \"routine\" breach of contract action, no different than say a contractor's failure to perform a job in a \"workmanlike manner\" or a driver failing to deliver a load on time. As such, questions of access to the courts and the role of the courts with respect to a claim of breach would seem just as routine. That is, of course, normally a litigant would be entitled to sue for the alleged breach of his employment contract and the issue of whether or not the contract was breached would be determined in routine judicial fashion. \u00b6 4 The trial court and even the parties discuss the primary issue before us as a question of the proper standard of judicial review and whether or not Appellant is entitled to de novo review. However, the term de novo review implies that there has already been judicial review, and in the present case there has not been such review. In reality the question before us is to determine if there exists any reason that the present case should be treated differently than any other breach of contract action. The only reason that there appears to be an issue as to this question is that Appellant's dismissal 2/21/25, 7:45 Murphy v. Duquesne Univ. of Holy Ghost, 745 A.2d 1228 | Casetext Search + Citator 16/30 was not a quick, unilateral decision of one man but rather the product of a process as set forth in the Duquesne University Statutes. This process has a very judicial nature thereby creating a sense that the question of whether or not Appellant has committed \"serious misconduct,\" and thus, whether his termination was allowable under the terms of the contract, has already been \"litigated.\" Indeed, the process involved notice, evidentiary hearings with representation and an \"appeal.\" That Appellant *1238 went through a termination process complete with notice, hearings, findings, a recommendation then decision, and finally an appeal, is undisputed. However, the exact significance or consequence of that process is not. 1238 \u00b6 5 At this juncture it is important to focus on the precise wording of the contract to determine what Appellant was explicitly promised. Looking simply at the words used in the contract and Statutes, Appellant's contract with the University unequivocally entitled him to continued employment until age 70 or retirement. Although his continuing employment could be forfeited for \"serious misconduct,\" there is no qualifying term to the forfeiture provision. For instance, the terms of the contract do not state that his tenure could be forfeited if it is determined via the process set forth in the Duquesne University Statutes that he has committed \"serious misconduct,\" or if the University President determines that there are grounds for termination of tenure. The provision merely states that tenure could be forfeited for \"serious misconduct.\" Had the forfeiture provision been qualified as set forth above then, arguably, Appellant's contract would have been complied with when he was terminated upon the President's conclusion that he had committed serious misconduct because that is what was promised him. However, the contract is not so worded. \u00b6 6 The trial court, the University and the majority appear to be caught up in the mystique of the process set forth in the Duquesne University Statutes for rendering a termination decision. However, and quite notably, nowhere in the statutes, or other material that have been deemed part of the parties' contract (through incorporation by reference), is the significance of this process spelled out. Just as importantly, nowhere is it stated that the process spelled out in the University Statutes represents a legally binding determination upon Appellant or is, otherwise, a substitute for traditional legal process and judicial review. As indicated above, Appellant's continued 2/21/25, 7:45 Murphy v. Duquesne Univ. of Holy Ghost, 745 A.2d 1228 | Casetext Search + Citator 17/30 employment was not explicitly tied to the absence of a finding by the President that he committed serious misconduct. Rather, the contract entitled him to continued employment absent engaging in serious misconduct, period. Thus, it would not seem that the University's decision that Appellant committed \"serious misconduct,\" whether by elaborate due process or snap/impulsive decision, has any binding legal significance. \u00b6 7 That Duquesne University is, ostensibly, not terminating its professors capriciously, but only after an elaborate process that purports to evaluate just cause, is admirable. Yet there is no reason, within the wording of the documents in question, to ascribe it a higher authority or other consequence than if Appellant had been terminated without any process whatsoever. In the absence of such a reason the process must be construed to be a self-imposed process defining how and when it will take the uncommon action of terminating a professor's tenure. To be sure, such *1239 a process might serve a great function and even be considered a necessity, within the realm of academia, to attract top professorial talent. Nevertheless, absent other terms in the contract or applicable legal theories, there is no reason to regard the process Appellant went through to be a binding and non-litigable decision with respect to rights under the contract but rather the action of one party vis-\u00e1-vis the contract under a perceived authority conferred by the contract. 4 1239 4 Although not argued in this fashion the description of the process by the University, in its brief, captures the theory precisely. The University states \"under the express terms of the controlling contract, [John E. Murray], was given the authority to review the evidence regarding Plaintiff's conduct and decide whether it satisfied the University's standard for termination of tenured employment.\" Appellee's Brief, p. 18-19. It is true that the Statutes delegate the final decision to terminate a faculty member to President Murray. However, since the forfeiture provision is not explicitly tied to the President's decision, the President's determination that the University's standards for termination were met is not the same as answering whether or not the terms of the contract have been met. Rather, it is the determination of one of the parties how it will act under perceived authority of the contract between the parties. The University argues at great length that the decision of whether the University had grounds to terminate Appellant is reserved for the President. 2/21/25, 7:45 Murphy v. Duquesne Univ. of Holy Ghost, 745 A.2d 1228 | Casetext Search + Citator 18/30 However, the University neglects to consider that as it is a University it is not a person and that that decision, by necessity, must be delegated to someone or some group of persons. Under the Duquesne University Statutes the process for making that decision is well defined. However, considering only the wording of the provisions the proposition that the Statutes spells out the process for purposes of the University's self- governance is just as palatable as the proposition that it is meant to be a binding and non-litigable dispute resolution procedure. \u00b6 8 The analysis offer above is supported by our Supreme Court's decision in Rudolph v. Pennsylvania Blue Shield , 717 A.2d 508 (Pa. 1998). In Rudolph the Court considered the proper judicial review of a medical review committee's determination that treatment provided by one of its member doctors to his patients was not medically necessary. In that case Blue Shield had denied several submissions by Rudolph. Pursuant to the Pennsylvania Health Services Plan Corporations Act, 40 Pa.C.S.A. \u00a7 6301 et seq., and the terms of the contract between Blue Shield and Rudolph, the doctor submitted his claim to a medical review committee appointed by Blue Shield. The Committee denied the claims and also found that Rudolph had been overpaid $26,005 and ordered the sum repaid. Rudolph then filed a suit in Common Pleas Court. 5 5 The Act provided that all disputes \"relating to the professional health services rendered by health service doctors shall be considered and determined only by health service doctors as selected in a manner prescribed in the bylaws of the professional health service corporation.\" Blue Shield's bylaws provided \"all matters, disputes or controversies arising out of the relationship between the Corporation and doctors of medicine shall be considered, acted upon, disposed of and determined by the appropriate one of two Review Committees.\" The contract further provides [the undersigned doctor] will perform services for Blue Shield concerning such services and accept compensation therefore[sic], as provided for in the Blue Shield Regulatory Act, as heretofore or hereafter reenacted or amended, and the Bylaws.\" In short, as the Supreme Court stated, \"the doctor agrees to abide by the regulatory act and the bylaws of Blue Shield in making claims for services.\" Id ., 717 A.2d at 510. \u00b6 9 The Court of Common Pleas ordered the case to be heard by a panel of physician arbitrators, which disagreed with the committee. The arbitrators 2/21/25, 7:45 Murphy v. Duquesne Univ. of Holy Ghost, 745 A.2d 1228 | Casetext Search + Citator 19/30 concluded that Blue Shield must return the $26,005 and also that Rudolph was entitled to another $75,000 for medical services provided. The trial court confirmed the award and Blue Shield appealed to this court arguing that the trial court lacked jurisdiction to review the decision of the medical review committee. This court agreed with Blue Shield holding that the decision of the review committee is not subject to a de novo review. In reaching our decision the panel of this court focused on the terms of the Act that all disputes shall be \"determined only by health service doctors.\" They also considered the language in Blue Shield's Bylaws that \"all matters, disputes or controversies shall be considered, acted upon, disposed of and determined by one of two review committees\" to mean that the decision of the committee is not subject to review because those phrases contemplate \"finality in the committee's decision.\" \u00b6 10 Despite the seemingly logical appeal of this court's rationale, the Supreme Court reversed. The Court concluded that although it was clear that the purpose of the regulatory act was to put medical claim review decisions in the hands of physician experts it was less clear \"whether this forum of experts [was] intended to be the only forum.\" The Court noted that neither the Act nor the contract terms indicated that \"the medical review committee is the sole and exclusive forum.\" The Court then concluded that regardless of the exclusivity of the forum the legislature would not have intended an inherently unfair forum. *1240 1240 \u00b6 11 Although the Supreme Court did not rely solely on contract interpretation in Rudolph the Court clearly expressed reluctance to construe the contractual terms as elevating the medical committee review process to exclusive forum status unless explicitly provided in the contract/statute. This reluctance was expressed despite the fact that there was language that was clearly more supportive of that interpretation than that presented here. In Rudolph the contractual terms stated that all disputes would be acted upon, disposed of and determined by the review committee. Further the doctor expressly agreed to accept compensation for services \"as provided for in the Blue Shield Regulatory Act and the Bylaws\" which suggests that the doctor is entitled to compensation for only those services that the committee approves. This would be tantamount to the Appellant agreeing to continued employment unless the or the 2/21/25, 7:45 Murphy v. Duquesne Univ. of Holy Ghost, 745 A.2d 1228 | Casetext Search + Citator 20/30 President concludes that he has committed serious misconduct which, of course have already demonstrated the contract does not so provide. Thus, in light of the Supreme Court's reluctance to construe that review process as an exclusive binding forum believe the same result is compelled here, particularly given that the contract language here is of greater ambiguity than that found in Rudolph and less supportive of finding exclusiveness of forum. \u00b6 12 While would admit the analysis above is perhaps extremely \"technical\" and esoteric, it is merely an analytical legal analysis of the language the parties actually used. Ostensibly, no person or no thing prevented Duquesne from including language in the contract to indicate that the review process was to be a substitute for legal resolution of grounds for termination or a binding alternative to the judicial process. It could conceivably be argued that this is implied in the contract, but given the Rudolph holding, and since we are dealing with an institution of higher education and a law professor, there is no sound reason to read into the contract terms not actually set forth. \u00b6 13 Despite the academic soundness of the above analysis the majority chooses to eschew it for the facial appeal of a policy statement/argument. The majority readily accepts the University's argument that there is a \"clear sentiment reflected in our caselaw favoring limited judicial review of college or university determinations,\" Majority Op., at p. 12, as if that simple statement should negate the legal analysis above and negate Appellant's contractual rights as well. This begs the question, where is the legal authority for depriving an individual of the supposed benefit of his bargain? Can a simple policy sentiment deprive an individual of his contractual rights? Would this not be tantamount to a deprivation of property without due process? \u00b6 14 The majority and the University assert that its position is supported by our Supreme Court's decision in Baker v. Lafayette College , 532 A.2d 399 (Pa. 1987). There, the Supreme Court stated that they had \"no jurisdiction to review the factual determinations of a College's governing body unless it can be demonstrated that the body violated its own procedures.\" Duquesne, and now the majority, contends that this statement represents a \"policy\" of 2/21/25, 7:45 Murphy v. Duquesne Univ. of Holy Ghost, 745 A.2d 1228 | Casetext Search + Citator 21/30 limited review of a University's decisions. However, the Baker case is wholly inapposite to the present one and does not support the contention of either Duquesne or the majority. \u00b6 15 Baker involved a professor who had completed his initial two-year employment contract with the College but who was not renewed. Unlike Appellant here, Professor Baker had no contractual expectation of continued employment beyond the initial two-year term. Thus, unless Professor Baker could demonstrate some other contractual basis for an expectation of continued employment he was in no greater position *1241 than the traditional at-will employee. The Handbook did allow for a review procedure that was complied with but nothing in the opinion indicates that Baker was promised reappointment unless disqualifying factors existed. As such, compliance with the review process was all that was mandated by a literal reading of the contract and Faculty Handbook. Thus, there was not even a prima facie \"breach\" of the contract unless, as termed by the Supreme Court, the \"body violated its own procedures.\" 6 1241 6 In Baker , at 532 A.2d 401, the Supreme Court's opinion indicates that \" [Baker] admitted that the contract gave him no assurances for renewal of his appointment. Consequently, the court held that the College did not breach the Appellant's contract.\" \u00b6 16 The key to understanding the Baker case is recognizing that Professor Baker had no right, either statutorily or contractually, to continued employment. The Supreme Court's opinion never states the contrary. The Court never states that he had either an explicit, or implicit, right to continued employment if his performance met a certain qualitative standard. Since Baker had no right to continued employment it was essentially impossible for any court to find a breach of contract when the College failed to renew Baker's appointment, regardless of the reason for the decision, including the Pennsylvania Supreme Court on appeal.7 7 This analysis is true based upon the literal language of the contract and holds up absent the finding of a condition implied by the terms of the contract. 2/21/25, 7:45 Murphy v. Duquesne Univ. of Holy Ghost, 745 A.2d 1228 | Casetext Search + Citator 22/30 \u00b6 17 Baker, perhaps grasping at straws in the face of a legally weak if not completely untenable case, also contended that the college failed to evaluate his performance in \"good faith,\" which, in reality, was wholly irrelevant to the question of his reappointment unless he had a contractual right to reappointment upon some qualitative finding such as \"good\" or \"adequate\" performance. Moreover, Baker did not establish that he even had a contractual right to a \"good faith\" evaluation, although arguably, \"good faith\" might be deemed an implied condition to the contract. Nevertheless, Baker's tangential argument set up the circumstances for the language the majority essentially hangs its entire argument on. \u00b6 18 The commentary the Majority latches onto to support its entire thesis was offered in the context of Baker's claim that the College failed to evaluate his performance in \"good faith.\" The Court disagreed and stated \"we would be hard pressed to conclude that the College acted in bad faith when it followed the required review procedures.\" Baker , 532 A.2d at 403. The Court then added, in the very last sentence of its opinion, that it had \"no jurisdiction to review the factual determinations of a college's governing body unless it can be clearly demonstrated that that body violated its own procedures.\" This is precisely true but must be read in context of the court's opinion and the facts of the case. Unless Baker had a right to continued employment/reappointment, the College's choice not to reappoint Baker represented no breach of contract that would allow the court to interfere. Further, Baker presented no other legal theory to allow the court to intervene in what, in the absence of a right to intervene, was a matter of internal operation and discretion. Arguably, all that was promised Baker was a \"good faith\" review of his performance, and, unless it was shown that the college violated its own procedures, or otherwise acted in bad faith, the contractual promise to perform a good faith review was complied with. Thus, in essence, the Court was without jurisdiction to review the College's factual findings or its decision, as it was essentially an internal matter of its own discretion.8 8 Of course, the Court would similarly be without jurisdiction to review the decision of a painting contractor to fire one of its painters because it did not like the way he painted, or the decision of an executive to fire a secretary due to dissatisfaction with the way the secretary was performing her tasks, 2/21/25, 7:45 Murphy v. Duquesne Univ. of Holy Ghost, 745 A.2d 1228 | Casetext Search + Citator 23/30 because, like Lafayette's decision not to reappoint Baker, it was a matter of their own discretion. See previous discussion re: at-will employment. \u00b6 19 The Majority's assertion regarding a clear sentiment favoring limited judicial review of college or university determinations *1242 may be true to the extent there is an option, but not necessarily so where a party alleges a clear cause of action, whether it be for breach of contract or a different legal theory. Further, this is nothing more than a general assertion applicable to any class of organization or entity. Absent legal ground, the court has no authority, nor any desire, to intervene in the decisions of a family unit, a private business, or a social club or organization. For instance, absent the context of custody litigation or allegations of child abuse, the courts have no jurisdiction to second-guess a parent's choice of how he/she raises or disciplines a child. Similarly, absent a claim of unlawful discrimination, the courts cannot second-guess a social club's choice to admit or deny admission to a prospective member or to terminate a member's membership. And absent a contractual right to employment, or other recognized legal right, the courts do not, and cannot, question a business entity's decision with respect to retaining or discharging an employee. Of course, that circumstance changes when someone has a contract for continued employment or employment for a designated period of time. 1242 9 9 Would the majority accept the University's conclusion that it was not negligent as dispositive of a tort action filed by a student or visitor suffering injury on campus? \u00b6 20 The cases cited by the majority do not really vary from the above position. Schulman v. Franklin Marshall College , 538 A.2d 49 (Pa. Super 1988) (en banc), while containing the flowery language quoted by the majority, was an appeal from the denial of a preliminary injunction and involved a student's suspension from the college. Nowhere does the Court indicate that Schulman's claim of a breach of contract, generally a cognizable matter, was \"non-reviewable\" simply because it involved a college, or because the college had conducted an internal review. Moreover, the Court does not even delineate whether Schulman alleged a breach of contract other than a claim of a failure to follow the procedure set forth in the student handbook, which, of course, is essentially the same claim raised 2/21/25, 7:45 Murphy v. Duquesne Univ. of Holy Ghost, 745 A.2d 1228 | Casetext Search + Citator 24/30 in Baker . All such an allegation would require of the Court was a \"limited review\" of whether or not the University complied with the process delineated in the handbook. It would not require a scrutiny of the ultimate result of the process. \u00b6 21 Similarly, Psi Upsilon of Philadelphia v. University of Pennsylvania , 591 A.2d 755 (Pa.Super. 1991), considered a request for injunctive relief which had been denied. Like Schulman , the fraternity argued that they did not receive adequate notice and/or due process. The panel never concluded that an otherwise cognizable breach of contract claim should not be considered because one party of the alleged breach was a college or university. \u00b6 22 Nor, upon closer scrutiny, does Sola v. Lafayette College , 804 F.2d 40 (3rd Cir. 1986), invalidate our analysis above. In fact, in my opinion, it supports it. Yes, it is true that while considering a case derived from Lafayette's failure to award tenure to Sola the Third Circuit did note its \"reluctance to interfere with the internal operations of academic institutions absent direction from the legislature.\" Id. , 804 F.2d at 42-43. However, ultimately the court, in fact, decided that the case required a remand to consider a breach of contract claim. The claim remanded for consideration was Sola's claim that the College Handbook created a contractual obligation on the part of the college to consider her gender as a positive factor, but that the college did not. At the same time the court did find one of Sola's challenge's without merit, the same claim seen in the cases discussed above, namely an assertion that the procedures set forth in the handbook were not followed. \u00b6 23 The majority's position that Appellant's breach of contract claim should not be cognizable due to a policy favoring \"limited judicial review\" of what the Sola court called \"internal university decisions\" fails to comprehend that due to the contract between Appellant and the University, *1243 the University's decision to terminate Appellant is no longer an \" internal decision\" of the University, but rather, a legal matter. Indeed, it is not apparent that the majority understands the essence of Professor Murphy's argument. Appellant is not asking the Court of Common Pleas to \"review the factual determinations of [Duquesne's] governing body.\" Rather, he is asserting that Duquesne's factual determinations are immaterial to the 1243 2/21/25, 7:45 Murphy v. Duquesne Univ. of Holy Ghost, 745 A.2d 1228 | Casetext Search + Citator 25/30 question of whether or not Duquesne breached its contract with him when it terminated his employment. Since, as stated above, Appellant's employment was not explicitly tied to the President's determination of grounds for discharge, and since Appellant and Duquesne did not explicitly agree to elevate the review process to a binding alternative dispute resolution process, Duquesne's decision merely represents its own interpretation/conclusion of its rights under the contract, just like the painter's decision that his employee's painting is substandard. \u00b6 24 Based upon the above believe the court erred in applying a limited judicial review. Further, when reviewed under the typical standard for granting summary judgment would conclude that the court erred in granting the University's motion. It is well established that summary judgment should be granted only if a review of the record, viewed in a light most favorable to the non-moving party, reveals that there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. Chrysler Credit Corp. v. Smith , 643 A.2d 1098 (Pa. Super. 1994). Appellant was entitled to continued employment unless he committed \"serious misconduct.\" Notably \"serious misconduct\" is not defined in the contract or Statutes. Further, \"serious misconduct\" is a term of art which normally would be required to be submitted to a jury. Thus, in order to prevail at summary judgment the evidence, viewed in a light favorable to Appellant as the non-moving party, must have been so overwhelming that no reasonable jury could conclude other than that the conduct in question rose to the level of serious misconduct. See , Washington v. Baxter , 719 A.2d 733 (Pa. 1998). Against this standard there clearly existed questions of material fact for resolution at trial. 10 10 See, Baxter, infra . \u00b6 25 Appellant did admit to providing improper assistance to the student at the heart of his firing by rewriting her case brief, but the found that that brief comprised only 5% of the student's grade. Thus, the impact of this \"misconduct\" could be thought of as negligible. Further, the found that there was no evidence that Appellant conspired to deceive the Professor whose class the brief was prepared for. Even absent the above 2/21/25, 7:45 Murphy v. Duquesne Univ. of Holy Ghost, 745 A.2d 1228 | Casetext Search + Citator 26/30 mitigating factors we are not willing to assert that, as a matter of law, such conduct is \"serious misconduct\" justifying the forfeiture of tenure. \u00b6 26 Appellant further admitted to a sexual relationship with the student. However, Appellant testified that the relationship and contact was consensual. Further, the University had no policy prohibiting such a relationship at the time. As for Appellant's other efforts to develop relationships with students, again there was no policy prohibiting such relationships at the time in question and, although the students testified that Appellant's attention made them feel uncomfortable, it is far from uncontested that Appellant intended that result or was even aware that his approaches were having that effect. Consequently, we cannot say that the evidence was so one-sided that the only conclusion which could reasonably be reached is that Appellant committed \"serious misconduct\" justifying the termination of his tenure. Thus, the granting of summary judgment was in error and should be vacated. \u00b6 27 The majority further concludes that the court did not err in concluding that the decision of the Federal District Court has the effect of collaterally estopping Appellant's *1244 \"procedural breach of contract claims disagree. Although it is not immediately clear precisely what Appellant's \"procedural breach of contract claims\" are cannot conclude that the District Court's decision collaterally estopped any breach of contract claims. 1244 \u00b6 28 The argument for collateral estoppel traces to a statement in the District Court's opinion in support of its order granting summary judgment in the University's favor. The statement is: \"the process employed in seeking out the truth concerning the charges was in accordance with established contractual provisions and University policy and procedure, which roughly comported with due process of law;\" The trial court concluded that this statement bars Appellant from asserting that there was a breach of the procedural provisions of the Statutes cannot agree. \u00b6 29 Issue preclusion can result where there has been a prior adjudication if: the issue sought to be precluded is identical to the one previously litigated, there was a final judgment on the merits, the party who preclusion is sought against was a party to the prior action, the party had a full and fair 2/21/25, 7:45 Murphy v. Duquesne Univ. of Holy Ghost, 745 A.2d 1228 | Casetext Search + Citator 27/30 opportunity to litigate the matter and the issue sought to be precluded was essential to the judgment in the prior action. Atiyeh v. Bear , 690 A.2d 1245 (Pa.Super. 1997), alloc. denied, 698 A.2d 63 closer review of the District Court's decision indicates that the above factors are not present and, therefore, collateral estoppel should not follow as to the matter contemplated here. \u00b6 30 First, the District Court's assessment that \"the process employed was in accordance with the established contractual provisions\" was made in the context of several general assertions supporting the conclusion reached in that litigation. There is no indication that the issue of whether or not the procedure afforded Appellant was in complete conformity with the Statutes was explored in any significant manner. Thus, it cannot be said that Appellant was afforded a full and fair opportunity to litigate whether or not the process extended him was that which is promised in the Statutes. \u00b6 31 Second, the litigation in Federal Court was for age discrimination. Generally speaking, in order to prevail in that venue it was incumbent upon Appellant to demonstrate that Duquesne's true motivation in terminating his employment was his age and not the reason actually proffered. The conclusion of importance in the Federal age discrimination litigation in no way required a full scrutiny of the procedural provisions of the contract review of the District Court's opinion reveals that the central issue upon which their decision turned was whether Appellant had presented evidence from which a fact-finder could reasonably disbelieve that the proffered reason for termination was not the actual reason termination ensued. In this case, committing \"serious misconduct.\" The District Court merely summarized all the factors that supported the premise that the University's actual motivation for terminating Appellant was its belief that he had engaged in \"serious misconduct.\" One such factor was the University's following of the procedures set forth in the Statutes. Since it was not necessary for the District Court to fully scrutinize the process afforded Appellant to render its decision the issue was not essential to the judgment rendered in Federal Court and issue preclusion cannot result therefrom. Consequently, it was error to find issue preclusion under the facts presented here. 11 2/21/25, 7:45 Murphy v. Duquesne Univ. of Holy Ghost, 745 A.2d 1228 | Casetext Search + Citator 28/30 11 To quote the District Court, \"our job is to determine whether the record taken as a whole could lead a rational trier of fact to find that the proffered reasons were not the real reasons for discharge (i.e., that they were pretextual, thereby permitting the jury to infer that the real reason was age based discrimination).\" \u00b6 32 In short, and based upon the above analysis believe the trial court erred in applying a limited judicial review under the language of the contract further believe that summary judgment should not *1245 have been granted under the traditional standard and, lastly believe the court erred in finding collateral estoppel. Consequently dissent. 1245 About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. 2/21/25, 7:45 Murphy v. Duquesne Univ. of Holy Ghost, 745 A.2d 1228 | Casetext Search + Citator 29/30 Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/21/25, 7:45 Murphy v. Duquesne Univ. of Holy Ghost, 745 A.2d 1228 | Casetext Search + Citator 30/30", "7314_103.pdf": "Case Law ( Murphy v. Duquesne University Decision Date 17 July 2001 Citation 777 A.2d 418,565 Pa. 571 Parties Cornelius F. MURPHY, Jr., Appellant, v GHOST, Appellee. Court Pennsylvania Supreme Court Your World of Legal Intelligence (/) United States | 1-800-335-6202 Document Cited authorities 23 Cited in 481 Precedent Map Related 777 A.2d 418 565 Pa. 571 Cornelius F. MURPHY, Jr., Appellant, v GHOST, Appellee. Supreme Court of Pennsylvania. Argued March 5, 2001. Decided July 17, 2001. Reconsideration Denied September 6, 2001. Samuel John Cordes, Philip A. Ignelzi, Pittsburg, for Cornelius F. Murphy, Jr. Martha Hartle Munsch, Pittsburg, Linda S. Drago, for Duquesne University. Before FLAHERTY, C.J., and and CAPPY, Justice. Following the termination of his employment as a tenured law professor, the Appellant, Cornelius F. Murphy, Jr., (\"Murphy\"), sued the Appellee, Duquesne University of the Holy Ghost (the \"University\"), for breach of the parties' tenure contract. Murphy appeals from the order of the Superior Court affirming the trial court's entry of summary judgment in the University's favor. We granted allocatur to determine the uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 applicable standard of review. We conclude that the standard of review that governs on appeal from the grant of a motion for summary judgment in any breach of contract action between private parties applies to Murphy's claim. We also conclude that the University is entitled to summary judgment, albeit for reasons that differ from those relied upon by the court below. Accordingly, we affirm the Superior Court's order. The material, undisputed facts of record are as follows. The University is a private, ecumenically-oriented, Catholic institution established in 1878 by the Fathers of the Congregation of the Holy Ghost and of the Immaculate Heart of Mary. According to Section 2 of the University's Faculty Handbook as prepared in 1986 (the \"Faculty Handbook\"), the University's stated mission is to prepare its students \"intellectually, professionally, aesthetically, spiritually, and ethically for the ordinary responsibilities of life and for leadership in a free, complex, and changing society.....\" Its goals as stated therein are to: offer undergraduate students a well-rounded and broad education; enable students to develop an expertise in certain disciplines; prepare advanced students for careers; preserve the record of human thought; engage students in the discussion and study of religious and ethical values, \"especially those of the Judaeo- Christian tradition in its Catholic dimension\"; maintain an institution which is responsive to the needs of the community; and create an atmosphere appropriate to a moderately-sized community of scholars which encourages close faculty-student relationships. In 1966, the University hired Murphy to teach in its School of Law. In September of 1967, the University awarded tenure to Murphy. At all relevant times, tenured status at the University was afforded by contract. The Faculty Handbook expressly stated that certain of its Sections (Sections 1 though 18) constituted part of a faculty member's contractual relationship with the University. One of those Sections set forth Statute from the University's 1985 Statutes (the \"Statutes\") in its entirety. Statute IV, dedicated to the University's faculty, governed the award and loss of tenure. Under Statute IV. J., Murphy was entitled, as a tenured faculty member, to renewal of employment until retirement or age 70.1 Under Statute IV. K.1., Murphy could forfeit tenure by serious misconduct or for professional incompetence, and was provided a process that had to occur before employment could be terminated. On August 1, 1989, the University reaffirmed and distributed its written policy prohibiting sexual harassment. In the fall of 1991, a first-year law student, Bonita Lynch (\"Lynch\"), who was taking one of Murphy's courses, filed a sexual harassment complaint against him. Lynch accused Murphy of assault and unwelcome physical advances, and claimed that he had inappropriately assisted her in law school assignments. Lynch subsequently filed a lawsuit against Murphy and the University in federal district court asserting violations of Title of the Education Act Amendments of 1972, 20 U.S.C. \u00a7 1681 et seq. ( (\"Title IX\"),2 and several pendant state-law claims. Dr. Judith Griggs, Duquesne's Affirmative Action Officer, investigated Lynch's allegations, and in December 1991, issued a report to Dr. John E. Murray, Jr. (\"Murray\"), the University's President. Dr. Griggs found that Murphy had involved himself both emotionally and physically with Lynch, thereby creating a hostile and intimidating environment with which she was forced to contend. Dr. Griggs also concluded that Murphy's conduct was inconsistent with the moral standards of the University and the ethical standards of its professorate. After receiving the report, Murray notified Murphy in a letter dated December 5, 1991 that he accepted Dr. Griggs' findings and conclusions, and viewed Murphy's behavior as a clear violation of both the University's basic philosophy and its sexual harassment policy. Murray informed Murphy that he would be permitted to complete his teaching assignments that semester, but would then be suspended until June 1, 1992. Murray directed Murphy to seek professional counseling to insure that he would not engage in any such conduct during the suspension, and warned that the University would take immediate and appropriate action if information of additional or similar past misbehavior came to light uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 Accepting the terms of suspension, Murphy sought counseling and provided the University with reports of his progress. Ultimately, Murphy's counselor advised the University that he had benefited from the counseling and would conform his conduct in the future to University standards. By letter dated June 4, 1992, Murray informed Murphy that his suspension was lifted and that his status as a tenured professor was reinstated. Consequently, Murphy returned to teaching for the 1992-93 academic year. Pursuant to a letter from then Dean of the Law School, John J. Scullio dated June 2, 1993, the University offered to renew Murphy's employment for the 1993-94 school year. Murphy accepted the University's offer on or about June 8, 1993. In addition to incorporating the Statutes and the Faculty Handbook, the letter stated that the Standards of the American Bar Association for Legal Education (\"ABA\") and the Articles of the Association of American Law Schools (\"AALS\") that were applicable to law schools and law faculties were to be incorporated by reference into the parties' agreement (the \"Contract\"). In the summer of 1993, however, attorneys representing Ms. Lynch notified the University that Murphy had engaged in a pattern of misconduct, harassing Ms. Lynch, as well as several other female law students. Based on these assertions, the University felt compelled under Title to reopen its investigation of Murphy's activities. In August 1993, the University did so, and placed Murphy on paid leave. Subsequently, the University's Law School Dean sent Murray a memo dated October 11, 1993, requesting that a process be initiated to terminate Murphy's tenure and listing several allegations of Murphy's serious misconduct. By letter dated October 25, 1993, Murray notified Murphy that the University proposed to terminate his employment as a tenured professor pursuant to Statute K.1. of the Contract. Murphy was also advised of his entitlement under Statute to a hearing before the University Grievance Committee for Faculty (the \"Committee\"), and of the several grounds for the proposed termination. As was his right, Murphy requested a formal pre-termination hearing, which was held for two full days in May 1994. Murphy was represented by counsel, who cross-examined the University's witnesses and called witnesses and offered exhibits on Murphy's behalf. Four women, all law students who had taken one of Murphy's courses, testified about their respective encounters with Murphy in 1989, 1990 or 1991. Because of her pending federal action, Ms. Lynch chose not to testify. After the hearing concluded, the Committee submitted a report dated December 21, 1994 with its findings, conclusions and recommendation (the \"Report\") to Murray. Based on the evidence presented, the Committee made several findings, unfavorable to Murphy, determining that he attempted to form relationships with female law students who rebuffed him, created an atmosphere in which female law students were made to feel uncomfortable, effectively foreclosed female law students from taking certain courses he taught, abused his power as a professor in dealing with female law students, provided substantial and improper academic advisement as a quid pro quo in the context of sexual harassment, pursued conduct of repetitive approaches to women which was offensive, and was apparently reluctant to comprehend the ethical and legal principles involved. Nevertheless, reasoning that much of the evidence against Murphy had been available to the University when Lynch first filed her complaint in 1991, the Committee recommended against Murphy's termination on the grounds of laches. Under the Contract, the final decision in this matter was given to Murray, as the University's President. Accordingly, Murray made a thorough review of the Report, and advised the Committee in writing on January 4, 1995 of his final decision. Murray informed the Committee that he was in substantial agreement with its substantive findings, but that he disagreed with its process concerns. Murray explained that the record did not support the application of the doctrine of laches. Murray then concluded that \" [t]he University has, by abundantly clear and convincing evidence, established more than sufficient grounds to support the finding of serious misconduct by Professor Murphy and consequent termination of Cornelius F. Murphy, Jr. as a tenured professor at Duquesne University uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 To continue reading Request your trial On the same day, Murray wrote to Murphy, notifying him that he had made the final decision to terminate him as a tenured member of the University's faculty. As permitted under the Contract uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 379 cases Search in 379 citing cases \uf014 McAdams v. Marquette Univ. ( United States Wisconsin Supreme Court July 6, 2018 ...context of a private, Catholic, Jesuit institution with a distinct mission like Marquette. Indeed, in Murphy v. Duquesne University of the Holy Ghost, 565 Pa. 571, 777 A.2d 418, 433 (2001), the Pennsylvania Supreme Court further explained the rationale for its determination that a faculty h...... Century Indemnity v. Underwriters, Lloyd's, London ( v-underwriters-888887165) United States U.S. Court of Appeals \u2014 Third Circuit October 15, 2009 ...U.S. at 492 n. 9, 107 S.Ct. at 2527 n. 9; Kirleis, 560 F.3d at 160 (internal citations omitted); see Murphy v. Duquesne Univ. of the Holy Ghost, 565 Pa. 571, 777 A.2d 418, 429-30 (2001) (discussing fundamental principles of contract interpretation under Pennsylvania law); Quiles v. Fin. Exc...... Kalian at Poconos v. Saw Creek Estates Community ( v-884543359) United States U.S. District Court \u2014 Middle District of Pennsylvania August 5, 2003 ...meaning of an unambiguous written instrument presents a question of law for resolution by the court. Murphy v. Duquesne Univ. of the Holy Ghost, 565 Pa. 571, 777 A.2d 418, 429-30 (2001) (citations There can be no doubt that Rizzo/Silver Ridge assigned to Kalian \"all of the declarant rights,...... Ggis Ins. Serv. Inc. v. Lincoln Gen. Ins. Co. ( United States U.S. District Court \u2014 Middle District of Pennsylvania February 24, 2011 ...used. Century Indem. Co. v. Certain Underwriters at Lloyd's, 584 F.3d 513, 551 (3d Cir.2009) (citing Murphy v. Duquesne Univ. of the Holy Ghost, 565 Pa. 571, 777 A.2d 418, 429\u201330 (2001)); Murphy, 777 A.2d at 429 (citing Steuart v. McChesney, 498 Pa. 45, 444 A.2d 659, 661 (1982)). No party t...... Request a trial to view additional results uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 1-800-335-6202 Terms of use ( \u00a92025 vLex.com All rights reserved uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041", "7314_104.pdf": "Case Law ( Murphy v. Duquesne Univ. of Holy Ghost Decision Date 29 December 1999 Citation 745 A.2d 1228 Parties Cornelius F. MURPHY, Jr., Appellant, v the GHOST, Appellee. Court Pennsylvania Superior Court Your World of Legal Intelligence (/) United States | 1-800-335-6202 Document Cited authorities 22 Cited in 11 Precedent Map Related 745 A.2d 1228 Cornelius F. MURPHY, Jr., Appellant, v the GHOST, Appellee. Superior Court of Pennsylvania. Argued April 21, 1999. Filed December 29, 1999. Reargument Denied March 10, 2000. Philip A. Ignelzi, Pittsburgh, for appellant. Martha H. Munsch, Pittsburgh, for appellee. Before and BROSKY, JJ. EAKIN, J.: \u00b6 1 Cornelius F. Murphy, Jr., appeals from the order granting summary judgment against him and in favor of Duquesne University of the Holy Ghost on his breach of contract claim. Upon careful review of the record and the applicable law, we affirm the trial court's order. \u00b6 2 The University first hired Professor Murphy to teach law in 1966. Once he was granted tenure, the parties executed a tenure contract, reviewable annually, which incorporates by reference the University Statutes and Faculty Handbook. Generally, a faculty member with tenure is entitled to annual renewal of uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 employment until retirement or age 70, whichever occurs first. The Statutes and the Handbook contain provisions by which tenure is forfeited. Pertinent to this action is the following: K. Termination of Tenure 1. Forfeiture for misconduct or for incompetence faculty member's tenure may be forfeited by serious misconduct or for professional incompetence. In the event of proposed termination for reasons of serious misconduct..., tenured faculty shall be entitled to a hearing by a committee of the University Grievance Committee for Faculty (see Statute VII, B.1.d.ii). The member shall be informed before the hearing by the President in writing of facts upon which such proposed termination is based and shall have the opportunity to present a defense. The member and the University may be represented at the hearing by counsel. There shall be a record made of the proceedings by electronic or other appropriate recording process and the same shall be made available to the parties.... The committee shall advise the faculty member and the University President of its decision in writing within 30 days from the date of the termination of the hearing.... If the President terminates the affected faculty member either by approval of the committee recommendation or by his/her own decision, following a committee recommendation of retention, the affected faculty member may have the final decision of the President reviewed by the Board of Directors. Faculty Handbook, Section 5.K.1, at 12. The University's Sexual Harassment Policy in effect at the relevant time provides in pertinent part: \u2022 Unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature constitute sexual harassment when: \u2022 Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's initial employment, advancement or education; \u2022 Submission to or rejection of such conduct by an individual is used as the basis for academic decisions affecting that individual; \u2022 Such conduct has the purpose or effect of substantially interfering with an individual's academic or professional performance or creating an intimidating, hostile or offensive employment, educational, or living environment. \u00b6 3 Bonita Lynch filed a sexual harassment claim against Professor Murphy in the fall of 1991. Ms. Lynch was a student in one of Professor Murphy's classes, a course required of all first-year students. Ms. Lynch filed her complaint with the University's Affirmative Action Officer, Dr. Judith Griggs, alleging Professor Murphy subjected her to unwelcome physical contact, attempted to have a sexual relationship with her, and implied her education would suffer if she did not cooperate with his advances. She also alleged Professor Murphy assisted her with a law school project assigned by another professor. \u00b6 4 Dr. Griggs conducted an investigation; on December 3, 1991, she submitted her report to the University President, John E. Murray. Dr. Griggs' report concluded Professor Murphy had created a hostile environment for Ms. Lynch and provided her with improper assistance with her classwork. \u00b6 5 By letter dated December 5, 1991, President Murray notified Professor Murphy that he accepted the conclusions of Dr. Griggs' report, and stated Professor Murphy would be permitted to complete his teaching assignments that semester, but then would be suspended until June 1, 1992. As a condition of reinstatement, Professor Murphy was to seek professional counseling with the goal of providing assurances his behavior would not be repeated. The letter also warned uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 Should any future manifestation of such unacceptable behavior occur even outside the classroom with relation to any Duquesne student or other member of the Duquesne Community, or should other evidence of similar past behavior with students or members of the Duquesne Community be forthcoming, the University will immediately review such information and take appropriate action. Letter from President Murray to Professor Murphy, 12/5/91, at 3 (emphasis added). \u00b6 6 In June, 1992, it was determined Professor Murphy complied with the University's disciplinary directives; he was reinstated to his tenured position and completed the 1992-93 school year without incident. The parties renewed their tenure contract for the 1993-94 academic year, but before the term began, the University learned of allegations involving Professor Murphy and four other students, in addition to Ms. Lynch. The essence of these allegations was that Professor Murphy engaged in a pattern of approaching selected female students and trying to create social relationships with them. The students' perceptions of these encounters made them uneasy to the point they tried to avoid Professor Murphy and elective courses he taught. While two of these students had been interviewed by Dr. Griggs in 1991, the University reopened its investigation and placed Professor Murphy on leave of absence with pay. The University subsequently notified Professor Murphy it was considering terminating his status as a tenured professor, but advised him he was entitled to a hearing before the University Grievance Committee for Faculty (USFG), and informed him of eight specific allegations on which their consideration was based. \u00b6 7 Professor Murphy requested the hearing. The Faculty Handbook provides that at such hearing, the University had the burden of proving by clear and convincing evidence that Professor Murphy was guilty of serious misconduct. The hearing committee was to issue findings, a report and a recommendation to the University President, who would make the final decision; the President was not bound to accept the Committee's recommendation. \u00b6 8 The hearing took two days. Professor Murphy was represented by counsel, who called witnesses and submitted exhibits on his behalf, and cross-examined witnesses, including the four students who alleged Professor Murphy engaged in improper conduct toward them. Bonita Lynch chose not to testify, as her lawsuit against the University was pending in civil court; the Committee did not have subpoena power. Ms. Lynch's story was presented through other witnesses; Professor Murphy testified their relationship was consensual, but admitted he provided academic assistance to her. He denied giving similar assistance to other students. Both sides submitted post-hearing briefs and proposed findings of fact. \u00b6 9 The Committee found Professor Murphy provided substantial and improper assistance to Ms. Lynch. The Committee characterized his assistance as quid pro quo in the context of sexual harassment. With respect to the other students, the Committee found Professor Murphy engaged in a pattern of behavior by which he abused his role as professor and created a hostile environment, which they concluded was a form of sexual harassment. The Committee chastised Professor Murphy for his behavior: \"The is offended by Professor Murphy's past conduct of repetitive approaches to his women students and dismayed by his apparent reluctance to comprehend the ethical and legal principles involved.\" Findings and Conclusions of Grievance Committee for Faculty, 12/2/94, at 10. The Committee concluded, however, that the University failed to meet its burden of proof with respect to six allegations, and concluded insufficient grounds existed for termination. The Committee based this recommendation against termination solely as \"an application of the doctrine of laches.\" Id. The Committee reasoned that much of the evidence was available to the University when Ms. Lynch first filed her complaint, and Professor Murphy had since undergone suspension and counseling. \u00b6 10 The University President accepted certain substantive findings of the committee but rejected the application of laches. In a letter to the Chairman of the committee, President Murray emphasized \"[t]he directive to Professor Murphy to pursue counseling was expressly designed to forfend future misconduct for current students and was expressly not designed as a sanction for past misconduct.\" Letter of January 4, 1995, at 11. President Murray concluded: \"The University has, by abundantly clear and convincing uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 To continue reading Request your trial evidence, established more than sufficient grounds to support the finding of serious misconduct by Professor Murphy and consequent termination of Cornelius F. Murphy, Jr. as a tenured professor at Duquesne University.\" Id. \u00b6 11 By letter dated January 4, 1995, President Murray terminated Professor Murphy as a tenured professor. Professor Murphy requested the University Board of Directors review the President's decision. Upon review, the Board affirmed the President's decision. \u00b6 12 This lawsuit followed, initially filed in federal court. Professor Murphy asserted claims under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. \u00a7 623(a) ( discrimination-944181506), and the Pennsylvania Human Relations Act (PHRA), 43 P.S. \u00a7 951 et seq. ( He also pleaded a claim for breach of contract, contending the University uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 8 cases Search in 8 citing cases \uf014 Boehm v. Riversource Life Ins. Co. ( United States Pennsylvania Superior Court May 19, 2015 ...estoppel is asserted had a full and fair opportunity to litigate the issue in the prior action.Murphy v. Duquesne University of Holy Ghost, 745 A.2d 1228, 1235\u20131236 (Pa.Super.1999), affirmed, 565 Pa. 571, 777 A.2d 418 (2001), quoting Rue v. K\u2013Mart Corporation, 552 Pa. 13, 713 A.2d 82, 84 (1...... Penn Mont Securities v. Frucher ( United States U.S. District Court \u2014 Eastern District of Pennsylvania August 15, 2007 ...Ex. L, p. 5, Ex. M, p. 7. Summary judgment is a judgment on the merits for issue preclusion purposes. Murphy v. Duquesne Univ. of Holy Ghost, 745 A.2d 1228, 1236 (Pa.Super.Ct.1999); see also Schuldiner v. Kmart Corp., 450 F.Supp.2d 605, 608-609 Dismissal for failure to state a claim also ha...... Murphy v. Duquesne University ( 889804570) United States Pennsylvania Supreme Court July 17, 2001 ...Memorandum Opinion at 23). Murphy appealed to the Superior Court divided panel of the court affirmed. Murphy v. Duquesne University of the Holy Ghost, 745 A.2d 1228 (Pa.Super.1999). The Superior Court's majority first addressed the standard of review question. Acknowledging that Murphy w...... Cresswell v. End ( United States Pennsylvania Superior Court August 22, 2003 ...the trial court's grant of summary judgment only upon an abuse of discretion or error of law. Murphy v. Duquesne University of the Holy Ghost, 745 A.2d 1228, 1232-33 (Pa.Super.1999), aff'd, 565 Pa. 571, 777 A.2d 418 (2001) (citations \u00b6 5 The Cresswells first challenge the tr...... Request a trial to view additional results uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 1-800-335-6202 Terms of use ( \u00a92025 vLex.com All rights reserved uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041", "7314_105.pdf": "v (1999) Superior Court of Pennsylvania. Cornelius F. MURPHY, Jr., Appellant, v the GHOST, Appellee. Decided: December 29, 1999 Before and BROSKY, JJ. Philip A. Ignelzi, Pittsburgh, for appellant. Martha H. Munsch, Pittsburgh, for appellee. \u00b6 1 Cornelius F. Murphy, Jr., appeals from the order granting summary judgment against him and in favor of Duquesne University of the Holy Ghost on his breach of contract claim. Upon careful review of the record and the applicable law, we affirm the trial court's order. \u00b6 2 The University first hired Professor Murphy to teach law in 1966. Once he was granted tenure, the parties executed a tenure contract, reviewable annually, which incorporates by reference the University Statutes and Faculty Handbook. Generally, a faculty member with tenure is entitled to annual renewal of employment until retirement or age 70, whichever occurs first. The Statutes and the Handbook contain provisions by which tenure is forfeited. Pertinent to this action is the following: K. Termination of Tenure 1. Forfeiture for misconduct or for incompetence faculty member's tenure may be forfeited by serious misconduct or for professional incompetence. In the event of proposed termination for reasons of serious misconduct\u2024, tenured faculty shall be entitled to a hearing by a committee of the University Grievance Committee for Faculty (see Statute VII, B.1.d.ii). \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/21/25, 7:45 v (1999) | FindLaw 1/26 The member shall be informed before the hearing by the President in writing of facts upon which such proposed termination is based and shall have the opportunity to present a defense. The member and the University may be represented at the hearing by counsel. There shall be a record made of the proceedings by electronic or other appropriate recording process and the same shall be made available to the parties\u2024 The committee shall advise the faculty member and the University President of its decision in writing within 30 days from the date of the termination of the hearing\u2024 If the President terminates the affected faculty member either by approval of the committee recommendation or by his/her own decision, following a committee recommendation of retention, the affected faculty member may have the final decision of the President reviewed by the Board of Directors. Faculty Handbook, Section 5.K.1, at 12. The University's Sexual Harassment Policy in effect at the relevant time provides in pertinent part: \u2022 Unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature constitute sexual harassment when: \u2022 Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's initial employment, advancement or education; \u2022 Submission to or rejection of such conduct by an individual is used as the basis for academic decisions affecting that individual; \u2022 Such conduct has the purpose or effect of substantially interfering with an individual's academic or professional performance or creating an intimidating, hostile or offensive employment, educational, or living environment. \u00b6 3 Bonita Lynch filed a sexual harassment claim against Professor Murphy in the fall of 1991. Ms. Lynch was a student in one of Professor Murphy's classes, a course required of all first-year students. Ms. Lynch filed her complaint with the University's Affirmative Action Officer, Dr. Judith Griggs, alleging Professor Murphy subjected her to unwelcome physical contact, attempted to have a sexual relationship with her, and implied her education would suffer if she did not cooperate with his advances. She also alleged Professor Murphy assisted her with a law school project assigned by another professor. \u00b6 4 Dr. Griggs conducted an investigation; on December 3, 1991, she submitted her report to the University President, John E. Murray. Dr. Griggs' report concluded Professor Murphy had created a hostile environment for Ms. Lynch and provided her with improper assistance with her classwork. \u00b6 5 By letter dated December 5, 1991, President Murray notified Professor Murphy that he accepted the conclusions of Dr. Griggs' report, and stated Professor Murphy would be permitted to complete his teaching assignments that semester, but then would be suspended until June 1, 1992. As a condition 2/21/25, 7:45 v (1999) | FindLaw 2/26 of reinstatement, Professor Murphy was to seek professional counseling with the goal of providing assurances his behavior would not be repeated. The letter also warned: Should any future manifestation of such unacceptable behavior occur even outside the classroom with relation to any Duquesne student or other member of the Duquesne Community, or should other evidence of similar past behavior with students or members of the Duquesne Community be forthcoming, the University will immediately review such information and take appropriate action. Letter from President Murray to Professor Murphy, 12/5/91, at 3 (emphasis added). \u00b6 6 In June, 1992, it was determined Professor Murphy complied with the University's disciplinary directives; he was reinstated to his tenured position and completed the 1992-93 school year without incident. The parties renewed their tenure contract for the 1993-94 academic year, but before the term began, the University learned of allegations involving Professor Murphy and four other students, in addition to Ms. Lynch. The essence of these allegations was that Professor Murphy engaged in a pattern of approaching selected female students and trying to create social relationships with them. The students' perceptions of these encounters made them uneasy to the point they tried to avoid Professor Murphy and elective courses he taught. While two of these students had been interviewed by Dr. Griggs in 1991, the University reopened its investigation and placed Professor Murphy on leave of absence with pay. The University subsequently notified Professor Murphy it was considering terminating his status as a tenured professor, but advised him he was entitled to a hearing before the University Grievance Committee for Faculty (USFG), and informed him of eight specific allegations on which their consideration was based. \u00b6 7 Professor Murphy requested the hearing. The Faculty Handbook provides that at such hearing, the University had the burden of proving by clear and convincing evidence that Professor Murphy was guilty of serious misconduct. The hearing committee was to issue findings, a report and a recommendation to the University President, who would make the final decision; the President was not bound to accept the Committee's recommendation. \u00b6 8 The hearing took two days. Professor Murphy was represented by counsel, who called witnesses and submitted exhibits on his behalf, and cross-examined witnesses, including the four students who alleged Professor Murphy engaged in improper conduct toward them. Bonita Lynch chose not to testify, as her lawsuit against the University was pending in civil court; the Committee did not have subpoena power. Ms. Lynch's story was presented through other witnesses; Professor Murphy testified their relationship was consensual, but admitted he provided academic assistance to her. He denied giving similar assistance to other students. Both sides submitted post-hearing briefs and proposed findings of fact. 2/21/25, 7:45 v (1999) | FindLaw 3/26 \u00b6 9 The Committee found Professor Murphy provided substantial and improper assistance to Ms. Lynch. The Committee characterized his assistance as quid pro quo in the context of sexual harassment. With respect to the other students, the Committee found Professor Murphy engaged in a pattern of behavior by which he abused his role as professor and created a hostile environment, which they concluded was a form of sexual harassment. The Committee chastised Professor Murphy for his behavior: \u201cThe is offended by Professor Murphy's past conduct of repetitive approaches to his women students and dismayed by his apparent reluctance to comprehend the ethical and legal principles involved.\u201d Findings and Conclusions of Grievance Committee for Faculty, 12/2/94, at 10. The Committee concluded, however, that the University failed to meet its burden of proof with respect to six allegations, and concluded insufficient grounds existed for termination. The Committee based this recommendation against termination solely as \u201can application of the doctrine of laches.\u201d Id. The Committee reasoned that much of the evidence was available to the University when Ms. Lynch first filed her complaint, and Professor Murphy had since undergone suspension and counseling. \u00b6 10 The University President accepted certain substantive findings of the committee but rejected the application of laches. In a letter to the Chairman of the committee, President Murray emphasized \u201c[t]he directive to Professor Murphy to pursue counseling was expressly designed to forfend future misconduct for current students and was expressly not designed as a sanction for past misconduct.\u201d Letter of January 4, 1995, at 11. President Murray concluded: \u201cThe University has, by abundantly clear and convincing evidence, established more than sufficient grounds to support the finding of serious misconduct by Professor Murphy and consequent termination of Cornelius F. Murphy, Jr. as a tenured professor at Duquesne University.\u201d Id. \u00b6 11 By letter dated January 4, 1995, President Murray terminated Professor Murphy as a tenured professor. Professor Murphy requested the University Board of Directors review the President's decision. Upon review, the Board affirmed the President's decision. \u00b6 12 This lawsuit followed, initially filed in federal court. Professor Murphy asserted claims under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. \u00a7 623(a), and the Pennsylvania Human Relations Act (PHRA), 43 P.S. \u00a7 951 et seq. He also pleaded a claim for breach of contract, contending the University breached both substantive and procedural provisions of the tenure contract. By order dated June 30, 1998, the district court granted the University's motion for summary judgment on the claim, and did not retain jurisdiction of the two remaining state law claims. Professor Murphy transferred the case, by praecipe, to the Court of Common Pleas of Allegheny County, and voluntarily discontinued the claim, leaving the breach of contract claim as the sole remaining cause of action. The University filed a motion for summary judgment as to that claim, which the trial court granted by Order dated November 4, 1998. 2/21/25, 7:45 v (1999) | FindLaw 4/26 \u00b6 13 The trial court reasoned the propriety of summary judgment depends largely on the standard of review. If it was obliged to consider Professor Murphy's claims de novo, summary judgment was not appropriate, as material issues of fact were yet to be resolved. Although the trial court found no Pennsylvania law precisely on point, it determined the better approach to be a limited review, since Pennsylvania law generally favors a deferential review of internal university decisions. See Baker v. Lafayette College, 516 Pa. 291, 532 A.2d 399 (1987). The trial court also cited the limited standard of review set forth in two Ohio decisions. Brahim v. Ohio College of Podiatric Medicine, 99 Ohio App.3d 479, 651 N.E.2d 30 (1994) and Yackshaw v. John Carroll University Board of Trustees, 89 Ohio App.3d 237, 624 N.E.2d 225 (1993). That standard is described as follows: [W]hen the parties' contract defines the procedure to be used to determine termination of a tenured professor's contract at a private university, the standard of review is whether the contract and the United States Constitution have been adhered to, and whether there is substantial evidence in the record to support the termination. Brahim, at 35 (quoting Yackshaw, supra ). Applying this standard, the trial court concluded summary judgment was proper: \u201cNo reasonable person could dispute that the record compiled by the fact finders in this case contains substantial evidence of serious misconduct by Professor Murphy.\u201d Trial Court Opinion, 11/4/98, at 17. \u00b6 14 The trial court observed it was within the President's discretion to reject the committee's recommendation. The trial court also found no breach of the procedural provisions of the contract simply because the decision to terminate was partly based on conduct pre-dating his suspension. Professor Murphy suggested he had been disciplined for all pre-suspension misconduct, but the court found nothing in the Handbook to suggest further action was barred unless preserved in writing. The court pointed to President Murray's letter of December 5, 1991, which expressly warned Professor Murphy if evidence of similar past behavior came to light, the University would review it and take appropriate action. The court also concluded any claim of breach of the procedural provisions of the contract was barred by collateral estoppel, as that issue was conclusively decided by the federal court. \u00b6 15 Professor Murphy raises three issues for our review: 1. Whether the trial court erred as a matter of law in granting summary judgment against a tenured university professor by failing to grant de novo review of his substantive and procedural contract claims? 2. Whether the trial court erred in granting summary judgment where genuine issues of material fact existed, even under a limited standard of review as to whether Plaintiff's conduct viewed in the light most favorable to him amounted to \u201cserious misconduct\u201d necessary to terminate the ongoing contract? 2/21/25, 7:45 v (1999) | FindLaw 5/26 3. Whether the trial court erred in applying collateral estoppel to bar litigation of the procedural aspects of Plaintiff's breach of contract claim based upon statements in an opinion dealing with an age discrimination claim? \u00b6 16 Our review of the trial court's grant of summary judgment is plenary. Juniata Valley Bank v. Martin Oil Company, 736 A.2d 650, 655, 1999 Pa.Super 2351 at **3 (Pa.Super.1999). Summary judgment is proper where the pleadings, depositions, answers to interrogatories, admissions and affidavits and other materials show there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Swartley v. Hoffner, 734 A.2d 915, 918 (Pa.Super.1999); see Pa.R.C.P. 1035.1-1035.5. We must view the record in the light most favorable to the opposing party and resolve all doubts as to the existence of a genuine issue of material fact in favor of the nonmoving party. P.J.S. v. Pennsylvania State Ethics Commission, 555 Pa. 149, 723 A.2d 174, 176 (1999). We will reverse the trial court's grant of summary judgment only upon an abuse of discretion or error of law. Moses v. T.N.T. Red Star Express, 725 A.2d 792, 795 (Pa.Super.1999), appeal denied, 559 Pa. 692, 739 A.2d 1058, 1999 Pa 1755 (1999). \u00b6 17 We first address the contention that the University's internal grievance procedures should be subject to de novo judicial review June 2, 1993 letter, offering the terms for tenure for the 1993-94 school year, sets forth Professor Murphy's salary and incorporates by reference certain sections of the University Statutes and Faculty Handbook. See Handbook 5.K.1. and 7.D; Statute IV.K.i. These provide that grounds for termination include \u201cserious misconduct,\u201d although they do not define the term, and set forth specific grievance procedures to which a faculty member is entitled. \u00b6 18 Murphy does not dispute that the prescribed procedures were followed, nor does he suggest they failed to comport with due process. District Court Judge Cindrich found the procedure \u201croughly comported with due process of law.\u201d District Court Memorandum Opinion, 7/15/98, at 23. Murphy challenges President Murray's final conclusion that he committed serious misconduct and claims he is entitled to full judicial review of that decision. \u00b6 19 Pennsylvania law favors limited judicial review of internal university decisions. In Baker v. Lafayette College, supra, a professor appealed to the college president when his two-year appointment was not renewed. Pursuant to college procedures, an advisory committee was appointed and reviewed the matter. Despite the committee's challenge to the reliability of evaluations conducted by the department chair and the dean, the president denied the professor's appeal, and the board of trustees affirmed that decision. The professor sued for breach of contract. The trial court granted summary judgment in favor of the college and the Supreme Court affirmed: As in all aspects of life, no procedure is fool proof. In our judicial system we have various appeals to review lower court determinations alleged to be improper or unwise. The purpose of appellate review is to correct any prior wrongdoings. Likewise, The Faculty Handbook sets forth review procedures. In 2/21/25, 7:45 v (1999) | FindLaw 6/26 accordance with these procedures, the Appellant appealed to the president of the College and ultimately to the board of trustees. We would be hard-pressed to conclude that the College acted in bad faith when it followed the required review procedures. This Court has no jurisdiction to review the factual determinations of a college's governing body unless it can be clearly demonstrated that that body violated its own procedures. Id., at 403 (emphasis). \u00b6 20 Although the professor in Baker was not tenured, he did have an employment contract, which he claimed the college breached. His failure to be reappointed was subject to prescribed review procedures, including the right to an internal appeal. The critical factor is that the college had in place specific review procedures which the Supreme Court declined to review absent a demonstration that the procedures were not followed. \u00b6 21 Our reading of Baker is supported by \u201cclear sentiment reflected in our case law\u201d favoring limited judicial review of college or university determinations. See, e.g., Psi Upsilon of Philadelphia v. University of Pennsylvania, 404 Pa.Super. 604, 591 A.2d 755, 760 (1991) (courts should not interfere with university's internal procedure and discipline in the absence of real prejudice, bias or denial of due process), appeal denied, 528 Pa. 637, 598 A.2d 994 (1991); Schulman v. Franklin & Marshall College, 371 Pa.Super. 345, 538 A.2d 49, 52 (1988 college is a unique institution which, to the degree possible, must be self-governing and the courts should not become involved in that process unless the process has been found to be biased, prejudicial or lacking in due process\u201d); Sola v. Lafayette College, 804 F.2d 40, 42 (3d Cir.1986)(where faculty member who was denied tenure brought breach of contract and wrongful discharge claims, the Third Circuit expressed reluctance \u201cto interfere with the internal operations of academic institutions absent direction from the legislature\u201d and warned that such judicial evaluation \u201cmay threaten the college's institutional academic freedom\u201d).1 \u00b6 22 We do not conclude that no review is appropriate, or that the University's grievance procedure is Professor Murphy's exclusive binding forum. However, we must accord deference to a private institution's internal factfinding and appeals procedures, if they comport with due process.2 \u00b6 23 While Professor Murphy did not have the opportunity to cross-examine Ms. Lynch, the record suggests her evidence alone would not have been dispositive. President Murray focused on the testimony of the four students, on the pattern of conduct, and the evidence that Professor Murphy abused the power of his role as a professor, creating a hostile environment for female law students. It was the testimony of the four other students that demonstrated the pattern of behavior and the environment it created. While Professor Murphy admitted improperly doing academic work for Ms. Lynch, it was not merely the allegations of the absent Ms. Lynch that led to President Murray's decision. 2/21/25, 7:45 v (1999) | FindLaw 7/26 \u00b6 24 Professor Murphy next argues that even under a limited standard of review, the trial court erred in finding no genuine issues of material fact exist; this is premised on a claim the court failed to view matters in the light most favorable to him as the non-moving party. \u00b6 25 While the term \u201cserious misconduct\u201d is not defined in the contract or University Statutes, the trial court determined \u201cNo reasonable person could dispute that the record compiled by the factfinders in this case contains substantial evidence of serious misconduct by Professor Murphy.\u201d Trial Court Opinion, at 17. Upon a thorough review of the record, we agree. The record contained substantial evidence of a pattern of conduct that by any reasonable definition constitutes \u201cserious misconduct,\u201d particularly when committed by the authoritative figure of a law school professor against first-year students. The factual findings of Professor Griggs and the committee, the extensive analysis of the evidence by President Murray, together with Professor Murphy's own admissions and testimony, adequately support the trial court's conclusion. \u00b6 26 Professor Murphy identifies a number of issues of fact which he maintains preclude summary judgment. \u2022 Whether \u201cserious misconduct\u201d can include conduct known to the parties when the contract was formed; \u2022 Whether the found the \u201cserious misconduct\u201d standard was met when the committee rejected six out of the eight allegations brought against Professor Murphy; \u2022 Whether President Murray's letter of December 5, 1991 restricted Professor Murphy's contract rights; \u2022 Whether Ms. Farkas' testimony was credible in light of the fact her name was revealed only six days before she testified (suggesting the University recruited her to testify against Professor Murphy); \u2022 Whether the University terminated Professor Murphy to protect its position in the threatened Lynch lawsuit; \u2022 Whether the American Association of Law Schools' determination, that the University breached the contract by punishing Professor Murphy for pre-suspension conduct, precludes summary judgment. \u00b6 27 Some of these are questions of law decided by the trial court and now addressed by this Court. Some are not material to the alleged breach of contract or, in light of all the evidence of record, are insufficient to preclude summary judgment. For example, by letter dated April 13, 1995, the Executive Director of the Association of American Law Schools (AALS) notified the University and Professor Murphy of its subcommittee determination \u201cthat there is probable cause to believe that there has been a violation of the Association's Bylaws concerning academic freedom and tenure \u2024\u201d Professor Murphy contends standards are incorporated into the contract and the determination its Bylaws 2/21/25, 7:45 v (1999) | FindLaw 8/26 were violated is evidence of breach of contract. However, the contract expressly states the Articles of Association are incorporated in the contract; those Articles do not expressly address termination of tenure. Professor Murphy conceded, in deposition testimony, the standards do not explictly prohibit punishing a faculty member twice for the same offense.\u201d Professor Murphy Deposition, 2/25/97, at 293-94. Thus, the subcommittee determination is not material to whether the University breached procedural aspects of its contract with Professor Murphy. \u00b6 28 Professor Murphy also relies on Bernstein v. Lipper Manufacturing Company, 307 Pa. 36, 160 A. 770 (1932), for the proposition that in a claim for breach of an employment contract, a jury must decide whether cause for termination exists where the supporting evidence is in dispute. In Bernstein, the court held: \u201cWhat constitutes a sufficient cause for the discharge of a servant is a question of law, and where the facts are undisputed or admitted it is for the court, but where the evidence to sustain the justification for discharge is disputed, the jury must pass on it.\u201d Id., at 771. Bernstein is distinguishable from this case in that it did not involve a written contract; there was no provision agreed to by the parties providing how cause was to be determined, and by whom. Moreover, Bernstein did not involve a limited standard of review; under a limited standard there are no issues of fact to submit to a jury, where there is sufficient undisputed evidence of record to support a finding of serious misconduct. \u00b6 29 Professor Murphy also contends the trial court erred in finding his breach of contract claim was barred by collateral estoppel. To determine whether collateral estoppel applies, we determine whether: (1) An issue decided in a prior action is identical to one presented in a later action; (2) The prior action resulted in a final judgment on the merits; (3) The party against whom collateral estoppel is asserted was a party to the prior action, or is in privity with a party to the prior action; and (4) The party against whom collateral estoppel is asserted had a full and fair opportunity to litigate the issue in the prior action. Rue v. K-Mart Corporation, 552 Pa. 13, 713 A.2d 82, 84 (1998). \u00b6 30 In finding the elements for collateral estoppel in this case, the trial court relied on the following from Judge Cindrich's opinion: [T]he process employed in seeking out the truth concerning the charges was in accordance with the established contractual provisions and University policy and procedure, which roughly comported with due process of law. District Court Memorandum Opinion, at 23. 2/21/25, 7:45 v (1999) | FindLaw 9/26 \u00b6 31 Professor Murphy argues \u201c[t]he issue here is whether Duquesne breached \u2024 any procedural requirement of the contract.\u201d Appellant's brief, at 47. Before the district court, Professor Murphy argued that an employer's failure to follow its own procedures is evidence of pretext. Since pretext was an essential element of Professor Murphy's age discrimination claim, see District Court Memorandum Opinion, at 12-13, the court's determination that the University followed its own procedures was essential to the judgment in that case. This is identical to Professor Murphy's procedural breach of contract issue raised herein, making Professor Murphy's reliance on Zinman v. Prudential Insurance Company of America, 909 F.Supp. 279 (E.D.Pa.1995), unfounded.3 The court in Zinman was asked to decide whether the plaintiff was entitled to a jury trial, an issue wholly incidental to whether he could recover disability benefits. By contrast, the issue raised by Professor Murphy in the federal action went to an element of his substantive claim. \u00b6 32 Regarding the second element, there was a final judgment on the merits when the district court granted summary judgment in favor of the University, a ruling Professor Murphy did not appeal. The parties were identical in both the federal and state cases, satisfying the third element. \u00b6 33 Finally, Professor Murphy had a full and fair opportunity to litigate the issue in the federal action, since he plainly relied on evidence of the process accorded him to support his contention of pretext. He had the opportunity to argue the University's proceedings (including the President's decision to terminate) were arbitrary because they were motivated by age discrimination. His argument in this case is the same, that the University's termination proceedings were arbitrary and evidenced a breach of contract. Accordingly, Professor Murphy's suggestion the district court failed to fully review the breach of contract claim is unavailing. Collateral estoppel precludes relitigation of an issue in a later action, even though based on a cause of action different from the one previously litigated. Balent v. City of Wilkes-Barre, 542 Pa. 555, 669 A.2d 309, 313 (1995); see also McNeil v. Owens-Corning Fiberglas Corporation, 545 Pa. 209, 680 A.2d 1145, 1148 (1996)( \u201c[I]ssue preclusion serves the twin purposes of protecting litigants from assuming the burden of re-litigating the same issue with the same party, and promoting judicial economy through preventing needless litigation\u201d). \u00b6 34 Both the federal and state actions necessarily involved an examination of the University's termination proceedings to determine whether they were arbitrary and non-compliant with the University Statutes, Faculty Handbook and the contract. Accordingly, the trial court did not err in its application of collateral estoppel. \u00b6 35 For the foregoing reasons, we affirm the trial court's grant of summary judgment. \u00b6 36 Order affirmed. \u00b6 1 What this case presents is a question of whether the fate of Professor Murphy should be dictated by sound, if not a somewhat overly technical, analysis of law or whether a logical application of law should 2/21/25, 7:45 v (1999) | FindLaw 10/26 give way to what is arguably a more appealing and expedient public policy stance am of the view that a proper application of the law requires the vacation of the order granting summary judgment in favor of Duquesne University. Since the majority reaches the opposite conclusion dissent. \u00b6 2 Despite the attempts of the University and the majority to guise this case as something it is not it is important to remember that the present case is a breach of contract case, plain and simple. It is neither more than that, nor less than that. It is well established that a \u201ccontract\u201d of employment is, generally speaking and absent terms to the contrary, terminable at will by either party. Henry v. Pittsburgh & Lake Erie Railroad Co., 139 Pa. 289, 21 A. 157 (1891), Geary v. U.S. Steel Corporation, 456 Pa. 171, 319 A.2d 174 (1974). However, the nature of this relationship can be changed by agreement of the parties. Id. Under the terms of Appellant's \u201ccontract\u201d with Duquesne University he was entitled to continued employment absent \u201cserious misconduct\u201d or \u201cprofessional incompetence.\u201d Professional incompetence has not been alleged, and therefore, is not at issue here, but Duquesne's dismissal of Appellant equates to a conclusion, on the University's part, that Appellant was guilty of \u201cserious misconduct.\u201d Appellant takes exception to this conclusion and, thus, has filed a breach of contract suit against the University. \u00b6 3 Up to this point in the analysis the present case appears simply as a \u201croutine\u201d breach of contract action, no different than say a contractor's failure to perform a job in a \u201cworkmanlike manner\u201d or a driver failing to deliver a load on time. As such, questions of access to the courts and the role of the courts with respect to a claim of breach would seem just as routine. That is, of course, normally a litigant would be entitled to sue for the alleged breach of his employment contract and the issue of whether or not the contract was breached would be determined in routine judicial fashion. \u00b6 4 The trial court and even the parties discuss the primary issue before us as a question of the proper standard of judicial review and whether or not Appellant is entitled to de novo review. However, the term de novo review implies that there has already been judicial review, and in the present case there has not been such review. In reality the question before us is to determine if there exists any reason that the present case should be treated differently than any other breach of contract action. The only reason that there appears to be an issue as to this question is that Appellant's dismissal was not a quick, unilateral decision of one man but rather the product of a process as set forth in the Duquesne University Statutes. This process has a very judicial nature thereby creating a sense that the question of whether or not Appellant has committed \u201cserious misconduct,\u201d and thus, whether his termination was allowable under the terms of the contract, has already been \u201clitigated.\u201d Indeed, the process involved notice, evidentiary hearings with representation and an \u201cappeal.\u201d That Appellant went through a termination process complete with notice, hearings, findings, a recommendation then decision, and finally an appeal, is undisputed. However, the exact significance or consequence of that process is not. 2/21/25, 7:45 v (1999) | FindLaw 11/26 \u00b6 5 At this juncture it is important to focus on the precise wording of the contract to determine what Appellant was explicitly promised. Looking simply at the words used in the contract and Statutes, Appellant's contract with the University unequivocally entitled him to continued employment until age 70 or retirement. Although his continuing employment could be forfeited for \u201cserious misconduct,\u201d there is no qualifying term to the forfeiture provision. For instance, the terms of the contract do not state that his tenure could be forfeited if it is determined via the process set forth in the Duquesne University Statutes that he has committed \u201cserious misconduct,\u201d or if the University President determines that there are grounds for termination of tenure. The provision merely states that tenure could be forfeited for \u201cserious misconduct.\u201d Had the forfeiture provision been qualified as set forth above then, arguably, Appellant's contract would have been complied with when he was terminated upon the President's conclusion that he had committed serious misconduct because that is what was promised him. However, the contract is not so worded. \u00b6 6 The trial court, the University and the majority appear to be caught up in the mystique of the process set forth in the Duquesne University Statutes for rendering a termination decision. However, and quite notably, nowhere in the statutes, or other material that have been deemed part of the parties' contract (through incorporation by reference), is the significance of this process spelled out. Just as importantly, nowhere is it stated that the process spelled out in the University Statutes represents a legally binding determination upon Appellant or is, otherwise, a substitute for traditional legal process and judicial review. As indicated above, Appellant's continued employment was not explicitly tied to the absence of a finding by the President that he committed serious misconduct. Rather, the contract entitled him to continued employment absent engaging in serious misconduct, period. Thus, it would not seem that the University's decision that Appellant committed \u201cserious misconduct,\u201d whether by elaborate due process or snap/impulsive decision, has any binding legal significance. \u00b6 7 That Duquesne University is, ostensibly, not terminating its professors capriciously, but only after an elaborate process that purports to evaluate just cause, is admirable. Yet there is no reason, within the wording of the documents in question, to ascribe it a higher authority or other consequence than if Appellant had been terminated without any process whatsoever. In the absence of such a reason the process must be construed to be a self-imposed process defining how and when it will take the uncommon action of terminating a professor's tenure.4 To be sure, such a process might serve a great function and even be considered a necessity, within the realm of academia, to attract top professorial talent. Nevertheless, absent other terms in the contract or applicable legal theories, there is no reason to regard the process Appellant went through to be a binding and non-litigable decision with respect to rights under the contract but rather the action of one party vis-\u00e0-vis the contract under a perceived authority conferred by the contract. \u00b6 8 The analysis offer above is supported by our Supreme Court's decision in Rudolph v. Pennsylvania Blue Shield, 553 Pa. 9, 717 A.2d 508 (1998). In Rudolph the Court considered the proper judicial review 2/21/25, 7:45 v (1999) | FindLaw 12/26 of a medical review committee's determination that treatment provided by one of its member doctors to his patients was not medically necessary. In that case Blue Shield had denied several submissions by Rudolph. Pursuant to the Pennsylvania Health Services Plan Corporations Act, 40 Pa.C.S.A. \u00a7 6301 et seq., and the terms of the contract between Blue Shield and Rudolph, the doctor submitted his claim to a medical review committee appointed by Blue Shield.5 The Committee denied the claims and also found that Rudolph had been overpaid $26,005 and ordered the sum repaid. Rudolph then filed a suit in Common Pleas Court. \u00b6 9 The Court of Common Pleas ordered the case to be heard by a panel of physician arbitrators, which disagreed with the committee. The arbitrators concluded that Blue Shield must return the $26,005 and also that Rudolph was entitled to another $75,000 for medical services provided. The trial court confirmed the award and Blue Shield appealed to this court arguing that the trial court lacked jurisdiction to review the decision of the medical review committee. This court agreed with Blue Shield holding that the decision of the review committee is not subject to a de novo review. In reaching our decision the panel of this court focused on the terms of the Act that all disputes shall be \u201cdetermined only by health service doctors.\u201d They also considered the language in Blue Shield's Bylaws that \u201call matters, disputes or controversies\u2024shall be considered, acted upon, disposed of and determined by\u2024one of two review committees\u201d to mean that the decision of the committee is not subject to review because those phrases contemplate \u201cfinality in the committee's decision.\u201d \u00b6 10 Despite the seemingly logical appeal of this court's rationale, the Supreme Court reversed. The Court concluded that although it was clear that the purpose of the regulatory act was to put medical claim review decisions in the hands of physician experts it was less clear \u201cwhether this forum of experts [was] intended to be the only forum.\u201d The Court noted that neither the Act nor the contract terms indicated that \u201cthe medical review committee is the sole and exclusive forum.\u201d The Court then concluded that regardless of the exclusivity of the forum the legislature would not have intended an inherently unfair forum. \u00b6 11 Although the Supreme Court did not rely solely on contract interpretation in Rudolph the Court clearly expressed reluctance to construe the contractual terms as elevating the medical committee review process to exclusive forum status unless explicitly provided in the contract/statute. This reluctance was expressed despite the fact that there was language that was clearly more supportive of that interpretation than that presented here. In Rudolph the contractual terms stated that all disputes would be acted upon, disposed of and determined by the review committee. Further the doctor expressly agreed to accept compensation for services \u201cas provided for in the Blue Shield Regulatory Act\u2024 and the Bylaws\u2024\u201d which suggests that the doctor is entitled to compensation for only those services that the committee approves. This would be tantamount to the Appellant agreeing to continued employment unless the or the President concludes that he has committed serious misconduct which, of course have already demonstrated the contract does not so provide. Thus, in light of the 2/21/25, 7:45 v (1999) | FindLaw 13/26 Supreme Court's reluctance to construe that review process as an exclusive binding forum believe the same result is compelled here, particularly given that the contract language here is of greater ambiguity than that found in Rudolph and less supportive of finding exclusiveness of forum. \u00b6 12 While would admit the analysis above is perhaps extremely \u201ctechnical\u201d and esoteric, it is merely an analytical legal analysis of the language the parties actually used. Ostensibly, no person or no thing prevented Duquesne from including language in the contract to indicate that the review process was to be a substitute for legal resolution of grounds for termination or a binding alternative to the judicial process. It could conceivably be argued that this is implied in the contract, but given the Rudolph holding, and since we are dealing with an institution of higher education and a law professor, there is no sound reason to read into the contract terms not actually set forth. \u00b6 13 Despite the academic soundness of the above analysis the majority chooses to eschew it for the facial appeal of a policy statement/argument. The majority readily accepts the University's argument that there is a \u201cclear sentiment reflected in our caselaw favoring limited judicial review of college or university determinations,\u201d Majority Op. at p. 1233, as if that simple statement should negate the legal analysis above and negate Appellant's contractual rights as well. This begs the question, where is the legal authority for depriving an individual of the supposed benefit of his bargain? Can a simple policy sentiment deprive an individual of his contractual rights? Would this not be tantamount to a deprivation of property without due process? \u00b6 14 The majority and the University assert that its position is supported by our Supreme Court's decision in Baker v. Lafayette College, 516 Pa. 291, 532 A.2d 399 (1987). There, the Supreme Court stated that they had \u201cno jurisdiction to review the factual determinations of a College's governing body unless it can be demonstrated that the body violated its own procedures.\u201d Duquesne, and now the majority, contends that this statement represents a \u201cpolicy\u201d of limited review of a University's decisions. However, the Baker case is wholly inapposite to the present one and does not support the contention of either Duquesne or the majority. \u00b6 15 Baker involved a professor who had completed his initial two-year employment contract with the College but who was not renewed. Unlike Appellant here, Professor Baker had no contractual expectation of continued employment beyond the initial two-year term.6 Thus, unless Professor Baker could demonstrate some other contractual basis for an expectation of continued employment he was in no greater position than the traditional at-will employee. The Handbook did allow for a review procedure that was complied with but nothing in the opinion indicates that Baker was promised reappointment unless disqualifying factors existed. As such, compliance with the review process was all that was mandated by a literal reading of the contract and Faculty Handbook. Thus, there was not even a prima facie \u201cbreach\u201d of the contract unless, as termed by the Supreme Court, the \u201cbody violated its own procedures.\u201d 2/21/25, 7:45 v (1999) | FindLaw 14/26 \u00b6 16 The key to understanding the Baker case is recognizing that Professor Baker had no right, either statutorily or contractually, to continued employment. The Supreme Court's opinion never states the contrary. The Court never states that he had either an explicit, or implicit, right to continued employment if his performance met a certain qualitative standard. Since Baker had no right to continued employment it was essentially impossible for any court to find a breach of contract when the College failed to renew Baker's appointment, regardless of the reason for the decision, including the Pennsylvania Supreme Court on appeal.7 \u00b6 17 Baker, perhaps grasping at straws in the face of a legally weak if not completely untenable case, also contended that the college failed to evaluate his performance in \u201cgood faith,\u201d which, in reality, was wholly irrelevant to the question of his reappointment unless he had a contractual right to reappointment upon some qualitative finding such as \u201cgood\u201d or \u201cadequate\u201d performance. Moreover, Baker did not establish that he even had a contractual right to a \u201cgood faith\u201d evaluation, although arguably, \u201cgood faith\u201d might be deemed an implied condition to the contract. Nevertheless, Baker's tangential argument set up the circumstances for the language the majority essentially hangs its entire argument on. \u00b6 18 The commentary the Majority latches onto to support its entire thesis was offered in the context of Baker's claim that the College failed to evaluate his performance in \u201cgood faith.\u201d The Court disagreed and stated \u201cwe would be hard pressed to conclude that the College acted in bad faith when it followed the required review procedures.\u201d Baker, 532 A.2d at 403. The Court then added, in the very last sentence of its opinion, that it had \u201cno jurisdiction to review the factual determinations of a college's governing body unless it can be clearly demonstrated that that body violated its own procedures.\u201d This is precisely true but must be read in context of the court's opinion and the facts of the case. Unless Baker had a right to continued employment/reappointment, the College's choice not to reappoint Baker represented no breach of contract that would allow the court to interfere. Further, Baker presented no other legal theory to allow the court to intervene in what, in the absence of a right to intervene, was a matter of internal operation and discretion. Arguably, all that was promised Baker was a \u201cgood faith\u201d review of his performance, and, unless it was shown that the college violated its own procedures, or otherwise acted in bad faith, the contractual promise to perform a good faith review was complied with. Thus, in essence, the Court was without jurisdiction to review the College's factual findings or its decision, as it was essentially an internal matter of its own discretion.8 \u00b6 19 The Majority's assertion regarding a clear sentiment favoring limited judicial review of college or university determinations may be true to the extent there is an option, but not necessarily so where a party alleges a clear cause of action, whether it be for breach of contract or a different legal theory.9 Further, this is nothing more than a general assertion applicable to any class of organization or entity. Absent legal ground, the court has no authority, nor any desire, to intervene in the decisions of a family unit, a private business, or a social club or organization. For instance, absent the context of custody litigation or allegations of child abuse, the courts have no jurisdiction to second-guess a parent's choice 2/21/25, 7:45 v (1999) | FindLaw 15/26 of how he/she raises or disciplines a child. Similarly, absent a claim of unlawful discrimination, the courts cannot second-guess a social club's choice to admit or deny admission to a prospective member or to terminate a member's membership. And absent a contractual right to employment, or other recognized legal right, the courts do not, and cannot, question a business entity's decision with respect to retaining or discharging an employee. Of course, that circumstance changes when someone has a contract for continued employment or employment for a designated period of time. \u00b6 20 The cases cited by the majority do not really vary from the above position. Schulman v. Franklin & Marshall College, 371 Pa.Super. 345, 538 A.2d 49 (1988) (en banc), while containing the flowery language quoted by the majority, was an appeal from the denial of a preliminary injunction and involved a student's suspension from the college. Nowhere does the Court indicate that Schulman's claim of a breach of contract, generally a cognizable matter, was \u201cnon-reviewable\u201d simply because it involved a college, or because the college had conducted an internal review. Moreover, the Court does not even delineate whether Schulman alleged a breach of contract other than a claim of a failure to follow the procedure set forth in the student handbook, which, of course, is essentially the same claim raised in Baker. All such an allegation would require of the Court was a \u201climited review\u201d of whether or not the University complied with the process delineated in the handbook. It would not require a scrutiny of the ultimate result of the process. \u00b6 21 Similarly, Psi Upsilon of Philadelphia v. University of Pennsylvania, 404 Pa.Super. 604, 591 A.2d 755 (1991), considered a request for injunctive relief which had been denied. Like Schulman, the fraternity argued that they did not receive adequate notice and/or due process. The panel never concluded that an otherwise cognizable breach of contract claim should not be considered because one party of the alleged breach was a college or university. \u00b6 22 Nor, upon closer scrutiny, does Sola v. Lafayette College, 804 F.2d 40 (3 rd Cir.1986), invalidate our analysis above. In fact, in my opinion, it supports it. Yes, it is true that while considering a case derived from Lafayette's failure to award tenure to Sola the Third Circuit did note its \u201creluctance to interfere with the internal operations of academic institutions absent direction from the legislature.\u201d Id., 804 F.2d at 42-43. However, ultimately the court, in fact, decided that the case required a remand to consider a breach of contract claim. The claim remanded for consideration was Sola's claim that the College Handbook created a contractual obligation on the part of the college to consider her gender as a positive factor, but that the college did not. At the same time the court did find one of Sola's challenge's without merit, the same claim seen in the cases discussed above, namely an assertion that the procedures set forth in the handbook were not followed. \u00b6 23 The majority's position that Appellant's breach of contract claim should not be cognizable due to a policy favoring \u201climited judicial review\u201d of what the Sola court called \u201cinternal university decisions\u201d fails to comprehend that due to the contract between Appellant and the University, the University's decision to 2/21/25, 7:45 v (1999) | FindLaw 16/26 terminate Appellant is no longer an \u201cinternal decision\u201d of the University, but rather, a legal matter. Indeed, it is not apparent that the majority understands the essence of Professor Murphy's argument. Appellant is not asking the Court of Common Pleas to \u201creview the factual determinations of [Duquesne's] governing body.\u201d Rather, he is asserting that Duquesne's factual determinations are immaterial to the question of whether or not Duquesne breached its contract with him when it terminated his employment. Since, as stated above, Appellant's employment was not explicitly tied to the President's determination of grounds for discharge, and since Appellant and Duquesne did not explicitly agree to elevate the review process to a binding alternative dispute resolution process, Duquesne's decision merely represents its own interpretation/conclusion of its rights under the contract, just like the painter's decision that his employee's painting is substandard. \u00b6 24 Based upon the above believe the court erred in applying a limited judicial review. Further, when reviewed under the typical standard for granting summary judgment would conclude that the court erred in granting the University's motion. It is well established that summary judgment should be granted only if a review of the record, viewed in a light most favorable to the non-moving party, reveals that there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. Chrysler Credit Corp. v. Smith, 434 Pa.Super. 429, 643 A.2d 1098 (1994). Appellant was entitled to continued employment unless he committed \u201cserious misconduct.\u201d Notably \u201cserious misconduct\u201d is not defined in the contract or Statutes. Further, \u201cserious misconduct\u201d is a term of art which normally would be required to be submitted to a jury.10 Thus, in order to prevail at summary judgment the evidence, viewed in a light favorable to Appellant as the non-moving party, must have been so overwhelming that no reasonable jury could conclude other than that the conduct in question rose to the level of serious misconduct. See, Washington v. Baxter, 553 Pa. 434, 719 A.2d 733 (1998). Against this standard there clearly existed questions of material fact for resolution at trial. \u00b6 25 Appellant did admit to providing improper assistance to the student at the heart of his firing by rewriting her case brief, but the found that that brief comprised only 5% of the student's grade. Thus, the impact of this \u201cmisconduct\u201d could be thought of as negligible. Further, the found that there was no evidence that Appellant conspired to deceive the Professor whose class the brief was prepared for. Even absent the above mitigating factors we are not willing to assert that, as a matter of law, such conduct is \u201cserious misconduct\u201d justifying the forfeiture of tenure. \u00b6 26 Appellant further admitted to a sexual relationship with the student. However, Appellant testified that the relationship and contact was consensual. Further, the University had no policy prohibiting such a relationship at the time. As for Appellant's other efforts to develop relationships with students, again there was no policy prohibiting such relationships at the time in question and, although the students testified that Appellant's attention made them feel uncomfortable, it is far from uncontested that Appellant intended that result or was even aware that his approaches were having that effect. Consequently, we cannot say that the evidence was so one-sided that the only conclusion which could 2/21/25, 7:45 v (1999) | FindLaw 17/26 reasonably be reached is that Appellant committed \u201cserious misconduct\u201d justifying the termination of his tenure. Thus, the granting of summary judgment was in error and should be vacated. \u00b6 27 The majority further concludes that the court did not err in concluding that the decision of the Federal District Court has the effect of collaterally estopping Appellant's \u201cprocedural breach of contract claims disagree. Although it is not immediately clear precisely what Appellant's \u201cprocedural breach of contract claims\u201d are cannot conclude that the District Court's decision collaterally estopped any breach of contract claims. \u00b6 28 The argument for collateral estoppel traces to a statement in the District Court's opinion in support of its order granting summary judgment in the University's favor. The statement is: \u201cthe process employed in seeking out the truth concerning the charges was in accordance with established contractual provisions and University policy and procedure, which roughly comported with due process of law;\u2024\u201d The trial court concluded that this statement bars Appellant from asserting that there was a breach of the procedural provisions of the Statutes cannot agree. \u00b6 29 Issue preclusion can result where there has been a prior adjudication if: the issue sought to be precluded is identical to the one previously litigated, there was a final judgment on the merits, the party who preclusion is sought against was a party to the prior action, the party had a full and fair opportunity to litigate the matter and the issue sought to be precluded was essential to the judgment in the prior action. Atiyeh v. Bear, 456 Pa.Super. 548, 690 A.2d 1245 (1997), alloc. denied, 548 Pa. 653, 698 A.2d 63 closer review of the District Court's decision indicates that the above factors are not present and, therefore, collateral estoppel should not follow as to the matter contemplated here. \u00b6 30 First, the District Court's assessment that \u201cthe process employed was in accordance with the established contractual provisions\u201d was made in the context of several general assertions supporting the conclusion reached in that litigation. There is no indication that the issue of whether or not the procedure afforded Appellant was in complete conformity with the Statutes was explored in any significant manner. Thus, it cannot be said that Appellant was afforded a full and fair opportunity to litigate whether or not the process extended him was that which is promised in the Statutes. \u00b6 31 Second, the litigation in Federal Court was for age discrimination. Generally speaking, in order to prevail in that venue it was incumbent upon Appellant to demonstrate that Duquesne's true motivation in terminating his employment was his age and not the reason actually proffered. The conclusion of importance in the Federal age discrimination litigation in no way required a full scrutiny of the procedural provisions of the contract review of the District Court's opinion reveals that the central issue upon which their decision turned was whether Appellant had presented evidence from which a fact-finder could reasonably disbelieve that the proffered reason for termination was not the actual reason termination ensued.11 In this case, committing \u201cserious misconduct.\u201d The District Court merely summarized all the factors that supported the premise that the University's actual motivation for 2/21/25, 7:45 v (1999) | FindLaw 18/26 terminating Appellant was its belief that he had engaged in \u201cserious misconduct.\u201d One such factor was the University's following of the procedures set forth in the Statutes. Since it was not necessary for the District Court to fully scrutinize the process afforded Appellant to render its decision the issue was not essential to the judgment rendered in Federal Court and issue preclusion cannot result therefrom. Consequently, it was error to find issue preclusion under the facts presented here. \u00b6 32 In short, and based upon the above analysis believe the trial court erred in applying a limited judicial review under the language of the contract further believe that summary judgment should not have been granted under the traditional standard and, lastly believe the court erred in finding collateral estoppel. Consequently dissent 1. We acknowledge McConnell v. Howard University, 818 F.2d 58 (D.C.Cir.1987), which suggests limited review would be inappropriate in this case. Although certain reasoning in McConnell is facially attractive, Baker and the Pennsylvania cases cited above convince us a deferential, limited review is the law in this Commonwealth. 2. \u201cThe essential elements of due process are notice and opportunity to be heard and to defend oneself in an orderly proceeding adapted to the nature of the case before a tribunal having jurisdiction over the matter. Due process also requires an opportunity to confront and cross-examine adverse witnesses.\u201d Lewis v. School District of Philadelphia, 690 A.2d 814, 816 n. 12 (Pa.Commw.1997). 3. Professor Murphy also contends an exception to Section 28 of the Restatement (Second) of Judgments precludes application of collateral estoppel. He cites no Pennsylvania case law, but relies on Zinman for this proposition: \u201can issue is not estopped from relitigation when (a) it is an issue of law, and (b) the two actions involve claims that are substantially unrelated or \u2018a new determination is warranted in order to take account of an intervening change in the applicable legal context or otherwise to avoid inequitable administration of the laws.\u2019 \u201d Id., at 282 (quoting Restatement (Second) of Judgments \u00a7 28(2)). In Zinman, the court in the prior action applied the law of the Eighth Circuit to determine the plaintiff's right to a jury trial; this differed from the law of the Third Circuit applicable in the subsequent action. Murphy argues the \u201cuncertainty\u201d regarding what standard of review Judge Cindrich applied to procedural aspects of the contract justifies application of this exception, but this speculation is baseless. Judge Cindrich plainly set forth at the outset of his analysis a traditional summary judgment standard of review. Murphy thus suggests no appropriate basis for application of this exception. 4. Although not argued in this fashion the description of the process by the University, in its brief, captures the theory precisely. The University states \u201cunder the express terms of the controlling contract, [John E. Murray], was given the authority to review the evidence regarding Plaintiff's conduct 2/21/25, 7:45 v (1999) | FindLaw 19/26 and decide whether it satisfied the University's standard for termination of tenured employment.\u201d Appellee's Brief, p. 18-19. It is true that the Statutes delegate the final decision to terminate a faculty member to President Murray. However, since the forfeiture provision is not explicitly tied to the President's decision, the President's determination that the University's standards for termination were met is not the same as answering whether or not the terms of the contract have been met. Rather, it is the determination of one of the parties how it will act under perceived authority of the contract between the parties.The University argues at great length that the decision of whether the University had grounds to terminate Appellant is reserved for the President. However, the University neglects to consider that as it is a University it is not a person and that that decision, by necessity, must be delegated to someone or some group of persons. Under the Duquesne University Statutes the process for making that decision is well defined. However, considering only the wording of the provisions the proposition that the Statutes spells out the process for purposes of the University's self-governance is just as palatable as the proposition that it is meant to be a binding and non-litigable dispute resolution procedure. 5. The Act provided that all disputes \u201crelating to the professional health services rendered by health service doctors\u2024 shall be considered and determined only by health service doctors as selected in a manner prescribed in the bylaws of the professional health service corporation.\u201d Blue Shield's bylaws provided \u201call matters, disputes or controversies arising out of the relationship between the Corporation and doctors of medicine\u2024 shall be considered, acted upon, disposed of and determined by the appropriate one of two Review Committees.\u2024\u201d The contract further provides [the undersigned doctor] will perform services for Blue Shield concerning such services and accept compensation therefore[sic], as provided for in the Blue Shield Regulatory Act, as heretofore or hereafter reenacted or amended, and the Bylaws\u2024\u201d In short, as the Supreme Court stated, \u201cthe doctor agrees to abide by the regulatory act and the bylaws of Blue Shield in making claims for services.\u201d Id., 717 A.2d at 510. 6. In Baker, 532 A.2d at 401, the Supreme Court's opinion indicates that \u201c[Baker] admitted that the contract gave him no assurances for renewal of his appointment. Consequently, the court held that the College did not breach the Appellant's contract.\u201d 7. This analysis is true based upon the literal language of the contract and holds up absent the finding of a condition implied by the terms of the contract. 8. Of course, the Court would similarly be without jurisdiction to review the decision of a painting contractor to fire one of its painters because it did not like the way he painted, or the decision of an executive to fire a secretary due to dissatisfaction with the way the secretary was performing her tasks, because, like Lafayette's decision not to reappoint Baker, it was a matter of their own discretion. See previous discussion re: at-will employment. 9. Would the majority accept the University's conclusion that it was not negligent as dispositive of a tort action filed by a student or visitor suffering injury on campus? 2/21/25, 7:45 v (1999) | FindLaw 20/26 10. See, Baxter, infra. 11. To quote the District Court, \u201cour job is to determine whether the record taken as a whole could lead a rational trier of fact to find that the proffered reasons were not the real reasons for discharge\u201d (i.e., that they were pretextual, thereby permitting the jury to infer that the real reason was age based discrimination). EAKIN, J.: \u00b6 37 BROSKY, J., files a Dissenting Opinion. Was this helpful? Yes No Welcome to FindLaw's Cases & Codes free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law. 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