Law School Deans, Law Schools

After Sexual Harassment Allegations, Former Berkeley Law Dean Choudhry Fights Back

Berkeley Law's former dean files a grievance against the school.

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Sujit ChoudhryNot too long ago we told you about the sexual harassment lawsuit against Boalt Hall Dean Sujit Choudhry, alleging a pattern of inappropriate hugging, kissing, and touching. In the ensuing firestorm, Choudhry resigned his deanship and many in the Berkeley community began to distance themselves from the former dean.

In the wake of this sexual harassment lawsuit, the university’s investigation of the complaint also came under scrutiny. According to the suit, the administration took months to investigate then implemented only minor sanctions against Choudhry after finding he violated the school’s sexual harassment policy. But after the publicity the lawsuit brought, University of California’s president Janet Napolitano has suggested there should be a second disciplinary hearing.

Now Choudhry has filed a grievance against the school, alleging the second disciplinary hearing and the manner in which President Napolitano discussed the issue in the press violate his due process rights as a faculty member:

This right has been violated by the launching of a second disciplinary process against me, which has as its ultimate goal the stripping of my tenured faculty position. As discussed below, this second procedure has been initiated by the Vice Provost for the Faculty, Janet Broughton, under the direction of President Janet Napolitano and Chancellor Nicholas Dirks, many months after a first disciplinary process against me was undertaken and completed in its entirety. I cooperated fully in the first disciplinary process and accepted the sanctions imposed upon me as a consequence of that process in July 2015, as part of a settlement. The second process now launched against me is duplicative, breaches multiple written and verbal assurances previously provided to me by the University, and blatantly violates the University’s own disciplinary procedures. In addition, the second process has been indelibly tainted by the manner in which it was launched by President Napolitano, who has flagrantly and repeatedly breached the most basic rights to due process held by every Senate Faculty member at the University of California.

In addition to the second hearing, Choudhry also takes issue with the way Napolitano spoke of the lawsuit and the underlying allegations in the press:

On March 12, 2016, I learned, via a Los Angeles Times article, that President Napolitano had reported to the press the previous day that I had been, or would be, “banned” from campus, and that she had directed Chancellor Dirks to pursue further disciplinary action against me. She also mischaracterized my conduct in a defamatory fashion as “groping.”

The grievance letter goes on to note that Choudhry was never officially banned from campus, just informally asked to stay away since the issue was highly charged.

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Choudhry notes that the conduct of President Napolitano has uniquely hurt his reputation and damaged his ability to salvage his career at Berkeley, saying he has become a “pariah” at the school:

Before President Napolitano used the power of her position to publicly condemn me, portray my conduct falsely, and make me a pariah at UC Berkeley, I would have had the chance to preserve my academic career. But her decision to shame me in the press and direct my ouster has destroyed my professional reputation. While the road forward for me as a faculty member at UC Berkeley is challenging, to say the least, the conduct of university officials in this grievance has made that road even rockier. President Napolitano’s conduct in my case should serve as a warning to all University of California faculty and staff whose careers and livelihoods are considered secondary to the leadership’s need to deflect public criticism and respond to public controversy.

The school has defended their actions in the Choudhry case. The Wall Street Journal’s Law Blog has the university’s statement in response to the grievance letter:

“Policy expressly permits both types of action to be taken if conduct violates the faculty code,” the spokesman said. “The administration’s steps have complied with University policy and reflect the seriousness of the conduct described in the investigative report issued by the Office for the Prevention of Harassment and Discrimination.”

Sujit Choudhry is a man fighting for his career, and this opening shot suggests he is not willing to go away quietly.

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(Read the full grievance letter on the next page.)

Former UC Berkeley Law School Dean Accuses University of Violating His Rights [Wall Street Journal via Morning Docket]

Earlier: T14 Law School Dean Sued For Sexual Harassment
Reaction To Berkeley Law’s Sexual Harassment Scandal Is Swift And Harsh

Kathryn Rubino is an editor at Above the Law. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

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