Litigation
Sep. 17, 2016
Former UC Berkeley School of Law dean sues for racial discrimination
Sujit Choudhry says his treatment by the university is quite different than what white professors received.
Sujit Choudhry, the former dean of UC Berkeley School of Law, sued the university Thursday, alleging racial bias in the school's handling of claims of sexual harassment against him.
The punchy complaint alleges UC President Janet Napolitano unfairly chose to make an example of Choudhry after his former assistant, Tyann Sorrell, sued him for sexual harassment.
Choudhry, who is Indian and not a U.S. citizen, has admitted to hugging and kissing Sorrell at work, but denies that his actions were sexually motivated. He also says he hugged and kissed Sorrell once or twice a week, less frequently than she alleges.
The suit claims Choudhry's treatment by the university is inconsistent with that of two white professors accused of inappropriate interactions with a colleague and student: Graham Fleming, who remains employed as a chemistry professor, and Geoffrey Marcy, a former professor of astronomy.
Fleming admitted to telling a subordinate to "turn around so he could molest" her. A university investigation found Marcy "touched an undergraduate's thigh, bought the undergraduate drinks, and took her back to her hotel room."
Marcy agreed with the university to end his behavior toward students before resigning in the wake of further allegations.
The federal lawsuit also provides a unique window into how the university handled the sexual harassment claims, including allegations that then-Executive Chancellor Vice Provost Claude Steele failed to deliver Choudhry's six-sentence letter of apology to Sorrell for more than two months.
The suit also claims that the university rejected Sorrell's application to 10 jobs within the university during an attempt to reposition her, and one of those jobs was within Napolitano's office. Choudhry v. Regents of the University of California, 16-CV05281 (N.D. Cal., filed Sept. 15, 2016).
The suit seeks to halt a second investigation into Choudhry's behavior that could result in the loss of his status as tenured faculty.
Prior to filing the Thursday complaint, Choudhry twice requested that UC Berkeley's Privilege and Tenure Committee reconsider its denial of his grievance letter protesting what he sees as double jeopardy.
Choudhry was originally docked 10 percent of his pay, ordered to write Sorrell the letter of apology and undergo sexual harassment training, sparking loud campus disapproval. The university subsequently launched a second investigation, this time into Choudhry's role as a faculty member.
Choudhry's counsel, William W. Taylor III of Zuckerman Spaeder LLP and Jamie L. Dupree of Futterman Dupree Dodd Croley Maier LLP, allege Choudhry would never have accepted his first punishment had he known it did not resolve the situation.
According to the complaint, Steele initially denied Choudhry's offer to resign as dean March 10. One hour later, during a meeting with law school faculty, Steele called Choudhry to say he accepted the resignation. Steele then announced Choudhry's move to a faculty position.
Dan Mogulof, a spokesman for the university, said the school "intends to mount a vigorous and successful defense."
philip_johnson@dailyjournal.com
Phil Johnson
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