Law School Deans, Law Schools

Reaction To Berkeley Law's Sexual Harassment Scandal Is Swift And Harsh

Check out the update on Sujit Choudhry's position at Berkeley Law.

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Sujit ChoudhryYesterday we told you about the sexual harassment lawsuit against Boalt Hall Dean Sujit Choudhry, alleging a pattern of inappropriate hugging, kissing, and touching. Well, the reaction from alumni, students and the school has been immediate, and not at all encouraging for Dean Choudhry.

The first hint that there something was afoot came from a tipster, who reported that alumni were organizing to get the matter dealt with to their satisfaction:

You may be interested to know that recent alumni are already in discussions about making a formal demand on the law school regarding how sexual harassment allegations are handled and also for his resignation or termination. Many are pledging to withhold all donations to Boalt until he’s gone.

Then we received a copy of a formal petition circulated by alumni chastising the school for its handling of the situation. They point out this is not the first time a Berkeley Law dean has been be embroiled in a sexual harassment scandal, and you’d think that they’d have a better strategy in place. From the petition:

As proud alumni of the UC Berkeley School of Law, we were shocked and dismayed to learn that Dean Sujit Choudhry sexually harassed his executive assistant, Tyann Sorrell, less than 15 years after Dean John Dwyer resigned in another sexual harassment scandal. Even more disappointing are the University and Law School’s response and seeming complicity in continuing Dean Choudhry’s employment after the University’s own investigation confirmed the truth of these violations. In short, this feeble response has betrayed students, the UC Berkeley community, Boalt alumni, and the values that we hold dear.

The letter goes on to link the pattern of behavior Dean Choudhry stands accused of with broader issues of social justice:

A leading institution of legal education–one that fashions itself on the cutting edge of progressive legal education–must do more. As alumni, we demand it. As Chancellor Dirks reminded the entire campus in 2014, “sexual assault has no place on a college campus or anywhere in civilized society.” Generations of Berkeley Law students, many of them women and women of color, have worked tirelessly to recruit a more diverse faculty and create a more inclusive environment for the study of law. UC Berkeley, and in particular the Law School, is an institution that prides itself on commitment to gender equity and social justice, which is the reason many of us specifically chose to attend Berkeley Law. Law school deans should model the values of the school that they represent. Moreover, Boalt’s Dean should and must be someone that faculty, staff, and students feel comfortable and safe approaching with questions and concerns and as a leader that the entire legal academy and professional looks to with admiration.

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UC Berkeley Law School Boalt Hall Law School by David LatAll of this culminated with an email sent to all Berkeley Law students and faculty yesterday. The statement reveals that Choudhry is on indefinite leave from the deanship, but otherwise comes off very defensive of the administration’s handling of the situation:

The following statement comes from Claude Steele, Berkeley’s Executive Vice Chancellor and Provost:

Sujit Choudhry will be taking an indefinite leave of absence from his position as dean of Berkeley Law, stepping down to his faculty position and salary. We will have an announcement as soon as possible about an interim replacement. Attached is the full report of the investigation conducted by the university’s Office for the Prevention of Harassment and Discrimination.

A thorough investigation of this case found that Dean Choudhry’s behavior in this situation violated policy, and that he demonstrated a failure to understand the power dynamic and the effect of his actions on the plaintiff personally and in her employment. Based on the findings of the investigation I believed that a combination of disciplinary actions, monitoring of his behavior and formal training would be an appropriate and effective response, and would produce the necessary changes in his behavior.

I docked Choudhry’s salary as dean by 10%. I required him to immediately engage in counseling at his own expense and I instructed him to make an apology to the employee. At the same time, I granted her a fully paid administrative leave—which she is still on—and once she felt ready to return to the workplace, we supported her search to find a position on campus that meets her interests and needs.

I know we all share the goal of eliminating of sexual harassment and all forms of discriminatory behavior at UC Berkeley. I intend to listen carefully to what members of our campus community and others have to suggest when it comes to how we prevent and respond to incidents like these.

The email also attaches a highly redacted version of the Report of Investigation and Findings from the Office for the Prevention of Harassment and Discrimination, which found that Choudhry did violate the school’s police against sexual harassment. You can read the full report on the next page. It provides some support for the claims made in Tyann Sorrell’s lawsuit, and it also includes this description of events, which reads like stage directions from a RomCom rather than an appropriate interaction between colleagues at an institution of higher education:

[Choudhry] would also come up behind [Sorrell] while she was at her desk typing and rubbed her shoulders from behind, rubbed the side of her arms from her shoulders to her elbows and kissed her on the cheek from behind. [Choudhry] has also squeezed [Sorrell’s] arm when he passes by her desk.

None of this bodes well for Choudhry’s long-term career prospects at Boalt Hall, but we will keep you updated on any developments in this story.

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Update 03.10.16 1:51 p.m.: We just received word that Sujit Choudhry has resigned from the deanship in a message sent to all members of the Berkeley Law community:

From: Holly Doremus
Date: Thu, Mar 10, 2016 at 10:29 AM
Subject: email
To:

Members of the Boalt Community,

We have been informed this morning that Sujit Choudhry has resigned as dean of the law school. A formal announcement will be forthcoming from the Provost’s office. We will keep you informed as we learn more details of the process to appoint an Interim Dean.

Holly Doremus

—
Holly Doremus
Associate Dean for Faculty Development and Research
James H. House and Hiram H. Hurd Professor of Environmental Regulation
Faculty Co-Director, Center for Law, Energy and the Environment
790 Simon Hall
UC Berkeley School of Law
Berkeley, CA 94720

(Flip through the next pages for (1) the full version of the Report of Investigation and Findings from the Office for the Prevention of Harassment and Discrimination and (2) the alumni petition.)

Earlier: T14 Law School Dean Sued For Sexual Harassment

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