Gordon Klein Goes to Court
Probably some of you remember Gordon Klein. He was suspended from teaching at UCLA’s Anderson School of Management for refusing to discriminate against students in 2020 (read his story here). At long last, his case is going to trial tomorrow. Read the plaintiff’s written statement here:
Importantly, Klein’s lawsuit names the dean who unlawfully punished him, Antonio Bernardo, personally as a defendant, in addition to the UC system. This is becuase Bernardo knew or should have known he was violating the law, but did it anyway. If Bernardo has to pay up personally for his malfeasance, it will have a major impact on risk assessment by university administrators when they are confronted with a Woke twitter mob, letter of denunciation, and signature campaign. Moreover, a big penalty against the UC system would put the GCs at all universities on notice, and motivate them to advise administrations against the type of bullying and punishment that Klein suffered. Good luck Gordon!
Excellent. It should be noted that the idea that university employees including faculty, staff and STUDENTS serving on university committees in the conduct system are immune from prosecution for their actions is a farce too many in academia believe. This was established in the case Silva vs. University of New Hampshire (1994) vis a vis a Title IX case against an English professor accused of sexual harassing 7 female students by use of 2 analogies in a large English class. (One was the example of a bowl of jello on a vibrator as a metamophor for a belly dancer.) After case that lasted 2 years the courts ruled in Professor Silva's favor restoring this tenured faculty member to the classroom and awarding him back pay, damages and legal fees that cost the university hundreds of thousands of dollars. The judge went on to rule that the manner in which the university had handled the case was so far from any possible interpretation of the due process required of the American legal system that the members of the boards and committees could be held individually and personally liable for their conduct. If we all started suing Deans, Title IX Officers, and the faculty and staff serving on these kangaroo courts, their power would quickly evaporate. It does require something that faculty have in short supply, however, personal courage and integrity.
I am in Santa Monica this week to observe the court sessions. If anyone is interested in a daily brief, please email me (nanzhong1@gmail.com). BTW, our racial discrimination lawsuits against the University of California, the University of Washington, the University of Michigan and Cornell are suing the senior administrators in their personal capacities too.