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  1. #1
    Join Date
    Jan 2011
    Posts
    12

    Default Innocent, Yet Reprimanded by College for Off Campus Activity

    My question involves education law in the State of: California

    I was prompted to meet with the Director of Student Affairs for “an informational meeting regarding a confidential matter”. At the meeting I was informed there was a report filed against me by a former professor to campus police on grounds of harassment over private email communications off campus, which campus police determined no crime was committed. Campus police forwarded the report to Student Affairs to check if any Standards of Conduct were violated. None were filed. However, there is a disciplinary action file with a disciplinary action report stating no action, but has a clause for action and is permanent in my academic records.

    The follow up letter from Student Affairs states that I was informed of the “possible Standards of Conduct violations” in the notification that prompted to schedule the meeting. That is false. It also contains literature that could be defamatory by noting the meeting was to discuss the “seriousness” of my actions followed by the disciplinary action that was determined in my case.

    I did speak with a former Director of Student Affairs at the same college and was basically informed any actions the college has taken, given this was over an off campus activity without campus involvement is out of campus jurisdiction and thus prompting the meeting and the disciplinary file are baseless. Is this true?

    I was threatened by a professor who has filed a false police report and harassed by the college. My time is limited, because of domestic priorities. I now have to take away from that time, losing on opportunities and having to use what little resources I have to go through grievance to demand the file expunged and protect my reputation.

    Do I have a legal case against the college?

    Thank you

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Innocent, Yet Reprimanded by College for Off Campus Activity

    There is a difference between "filing a false police report", i.e. knowing that what you are reporting is false and reporting it anyway, and filing a report that you believe mistakenly to be true. What is your plan for proving that the professor is guilty of #1 instead of #2?

  3. #3
    Join Date
    Jan 2011
    Posts
    12

    Default Re: Innocent, Yet Reprimanded by College for Off Campus Activity

    The actions of the professor filing the report might be false. Not much can be done if he felt harassed (this I know), but a full review of the file was requested by me, which is in the near future and something may be there or in absence to indicate if this is retaliatory. That's a separate factor, but what about the actions from the college? I've been reprimanded for no Standards of Conduct violations over private, off campus communications, which campus police found no crime was committed. Now I have to allocate the little time and resources I have to expunge the file. From what I understand, and please correct me if this is wrong, once Student Affairs found no Standards of Conduct violations, everything should have stopped right there given the other factor this was over an off campus situation without campus involvement.

    I was given an extreme example by someone who used to be Director of Student Affairs at this same college involving three students. One was raped by two. A parent of the one violated went to the Director of Student Affairs requesting the college take action against the other two students and it had to be denied, because the rape had occurred off campus. It was out of campus jurisdiction to punish the two students.

  4. #4
    Join Date
    Jan 2011
    Posts
    12

    Default Re: Innocent, Yet Reprimanded by College for Off Campus Activity

    Here's some detailed information if it helps:

    Actions by the professor:

    After asking him for personal assistance twice and declining twice, I left him alone. Three weeks later I thought maybe his wife would be able to help so I sent her a message.

    A few hours after sending the message is when I got an email from the professor threatening litigation on grounds of harassment and would turn over emails containing private information about me to the college if I ask questions to anyone associated with him about him.

    Mind you this would also bar me from questioning his qualifications of placement in the profession he is in and works for an internationally known institution, which I have been a long supporting member of and before he was employed by this institution and in fact he used this institution's email provider to send his threats. It is inevitable in interests and profession in protecting scientific integrity (we are both scientific researchers, though on different academic levels) to ask someone associated with him about him and it is not stipulated in the disciplinary action. But nonetheless I had no intentions of any more communications unless it had to do with research that doesn't have personal involvement. My research is medically based on a condition it is suspected I have.

    After his email, I forwarded his threat to the college to let someone there know considering the disclosure of private medical information about me to the college was part of the threat. Apparently it went ignored.

    The message to his wife was for his wife without asking for any information about him. I sent it through facebook thinking it would be read by her.

    It is questionable if she or he had ever read the message and his threat is based on a single attempted communication with someone I thought was his wife, but not sure. They have the same last name and she was on his friend’s list. The personal matter is something either he or she could help with. I thought if he wasn’t willing to assist, maybe she would.

    Two things were highlighted in the emails he submitted and was pointed out at the meeting. One was a sentence, “If this is the way you treat students looking for help, then why are you a teacher?” and the other highlight was contacting his wife, which actual contact was never established. I just sent a message. It was up to her to make contact.

    These are the points the decision for action against me was determined by Student Affairs according to what was stated at the meeting.

    *Just to note...the highlight about contacting his wife is on the email he sent me as opposed to what I sent her.

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