Litigation
Apr. 19, 2017
Plaintiff unhappy with UC's settlement with former law school dean
The University of California has reached a settlement agreement with Sujit Choudhry, the ousted dean of UC Berkeley School of Law, over allegations that he sexually harassed his executive assistant, Tyann Sorrell — but she isn't happy with the overall outcome.
Daily Journal Staff Writer
The University of California has reached a settlement agreement with Sujit Choudhry, the ousted dean of the UC Berkeley School of Law, over the school's investigation into allegations that he sexually harassed his executive assistant, Tyann Sorrell.
Sorrell's attorney, Leslie F. Levy of Levy Vinick Burrell Hyams LLP, said Monday that her client has reached separate settlement agreements arising out of her lawsuit against the university's Board of Regents and Choudhry individually. Sorrell v. Regents of the University of California et al., RG16806802 (Alameda Super. Ct., filed March 8, 2016).
Regarding Sorrell's settlement with Choudhry, Levy said, "She required him to take $100,000 — half a year's salary, money out of his own pocket — and give $50,000 to her attorneys and $50,000 to nonprofit organizations of her choice that deal with issues of sexual harassment and sexual assault."
The university has not released details about Sorrell's settlement with the Regents, and Levy said she could not comment on it. Requests for dismissal of Sorrell's lawsuit were filed Friday in Alameda County Superior Court.
But in a statement issued by Levy Vinick on Monday, Sorrell was highly critical of the settlement between the university and its former law school dean.
"This deal insults all who suffer harassment at the hands of those with power and privilege," she said.
Choudhry, who was hired as law school dean in July 2014, stepped down three days after Sorrell filed suit but remained on the faculty — and continues to, under terms of the settlement between himself and the university.
He will continue to perform administrative functions until May 31. Then he will be on an unpaid sabbatical until May 31, 2018, at which point he will resign. The university will issue a statement confirming Choudhry was a tenured faculty member in good standing through May 31, 2018.
In a joint statement attached to their settlement agreement, the university and Choudhry say they "are satisfied that this is an appropriate resolution, and they look forward to putting this matter behind them."
Under the agreement, that statement is supposed to be issued after Sorrell's lawsuit is dismissed.
But Levy said that statement was made before she or Sorrell knew about the university's disciplinary and grievance process with Choudhry being settled, and it implies that Sorrell had some input, control or approval of it.
"Now she feels like the university is not moving forward," Levy said. "It provided a soft landing for a professor who admitted sexually harassing her."
After an initial investigation in early 2016, which found Choudhry had routinely hugged, kissed and rubbed Sorrell, the university ordered that Choudhry be docked 10 percent of his salary, take sexual harassment classes and write a letter of apology to Sorrell. Students and the public protested that the punishment was too light.
When Sorrell filed suit, the university opened a second investigation.
Choudhry countered by filing a grievance, stating a second investigation in essence violated double jeopardy. The settlement announced Friday terminated the investigation and the grievance process. Under it, neither Choudhry nor the university admits he engaged in any unlawful conduct.
"A year ago, UC President Janet Napolitano called for disciplinary process that could have led to Choudhry's loss of tenure," Levy said in her law firm's statement. "Now they've done an about-face and are letting him off with no discipline and a clean record."
James Getz
james_getz@dailyjournal.com
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