Wednesday, October 12, 2016

It's Like That?

UC’s extraordinary legal battle with ex-Berkeley law school dean

"Choudhry returned to campus this semester but was given no classes to teach. He is seeking an injunction to stop the Senate’s disciplinary proceedings, and unspecified monetary damages. He argues that the university is singling him out for a second round of discipline because of his “race, color and national origin.” Choudhry, 46, is a Canadian citizen of Indian descent.

The suit claims he is being treated more harshly than two other UC Berkeley employees who also were embroiled in sexual harassment scandals last year: Graham Fleming, a former vice chancellor who remains a tenured chemistry professor, and Geoffrey Marcy, an internationally known astronomy professor who quit under pressure last October. Both are white.

Some legal experts say Choudhry may well have a case.

“It smacks of double jeopardy,” said Bill Gould, a former chairman of the National Labor Relations Board who taught labor law for 42 years at Stanford University until 2014. He now chairs the California Agricultural Labor Relations Board.'

Gould pointed to the case of Ray Rice, an NFL running back who faced domestic violence charges in 2014 for knocking his fiancee unconscious in an Atlantic City casino elevator — an incident captured on video. The NFL punished Rice with a two-game suspension. When a second video surfaced revealing more details of the attack, the NFL made the suspension indefinite.

Rice, like Choudhry, argued that a second punishment for the same offense was illegal. In November 2014, arbitrator Barbara Jones, a former federal judge, agreed with Rice and overturned the second suspension. Public criticism poured in — not of Jones, but of NFL Commissioner Roger Goodell for not punishing Rice more severely in the first place.

Choudhry’s argument that he is being punished twice “may well be the strong part of his case,” Gould said.

In court papers filed Thursday, UC lawyers say the second punishment is allowed because university policies “expressly allow disciplinary proceedings (against faculty) even after administrative actions have been taken” against the faculty member as a dean.

Even if Choudhry wins, his victory could prove hollow, said Stanford law Professor Deborah Rhode, who called the former dean’s effort “career suicidal.”

“What is he thinking?” she asked. “Already his conduct is going to make him a pariah in many law school contexts — and this just"...


“Just the allegation that here’s two other guys who are white and didn’t get the same penalty — you’re going to have to have more than that,” said Michele Dauber, a Stanford law professor who helped revise her university’s policy on sexual assault and is leading an effort to recall the judge who handed a relatively light sentence to ex-student Brock Turner after he sexually assaulted an unconscious woman.

Besides, she said, “Mr. Marcy did lose tenure” because he quit under pressure."


"Since resigning, Fleming “has not faced any further discipline or a second, duplicative investigation,” Choudhry’s suit says.

Legal experts say that is only partly true. After Fleming stepped down, Dirks gave him a new executive job with UC Berkeley’s planned Global Campus in Richmond at his vice chancellor’s rate of pay. Nearly a year later, in the same March 11 letter in which she laid out Choudhry’s new punishment, Napolitano ordered Fleming removed from that job.

Fleming returned to the chemistry department and, like Choudhry, has been given no classes.

UC’s court papers say that Choudhry “utterly disregards the harm he inflicted” on his former assistant Sorrell, so the court should not halt disciplinary proceedings against him.

“Preventing UC from disciplining Choudhry would potentially expose students, faculty and staff to a harassing and hostile environment,” the university says.

The next court hearing is set for Nov. 3."

- note here that Fleming has UK ties and also was awarded recently a UK  Faraday and that was publicized by UC Berkeley media PR folks on the Cal website on multiple pages at UC...

Seem to recall...
The UCSD Chancellor is of Indian descent

The chief investment officer at UCOP is Canadian and Indian, Dynes and Birgeneau and Atkinson are Canadians.... JenniferGranholm's Canadian origins  -and now there is Canadian Studies and BP at Cal , so

Is that Gould any relation to a UC Regent? by the same surname?


And in
This post

The article below refers to a ruling by the National Labor Relations Board (NLRB) which covers the private sector (including private universities). UC is not covered by the NLRB but instead is covered by the state Public Employment Relations Board (PERB). PERB is not obligated to follow what the NLRB does but the state statute that covers UC has similar language to the statute enforced by the NLRB. So PERB might take a similar view.

Free to tweet: Northwestern's restrictions on football players ruled unlawful

Lester Munson, Legal Analyst, Oct 10, 2016, ESPN

Also here's:

With a Link to

administration’s use of Academic Analytics, said the union’s co-chair, Deborah B. Gould, an associate professor of sociology. Ms. Gould said she and other faculty have seen numerous instances of the company’s database failing to include their papers, awards, and other elements it counts. But a more fundamental objection, she said, is the company’s premise of being able to truly judge a faculty member’s long-term value by making year-by-year tallies of academic output. A researcher might have thin levels of output while working for years on a project that fundamentally changes his or her field, she said. That’s the kind of thing that should be judged by fellow faculty, Ms. Gould said. "It seems strange to me to turn to a data-gathering corporation that actually isn’t thinking about the kind of nonlinear, erratic temporalities of intellectual labor," she said. "We are able to evaluate ourselves on that front, really." ...


Speaking of UCOP and investments...

Private Equity Chief at University of California Fund Departs

Some maybe good news on the post doc front:

A survey results report on UC Emeriti Faculty available here

Likely discussed during  UC Regents Health committee, there is:

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