برچسب: investigating

  • Report finds Chico State followed existing policies in investigating embattled professor

    Report finds Chico State followed existing policies in investigating embattled professor


    Chico State University followed proper procedures in how it handled the sex investigation of suspended professor David Stachura and its lengthy aftermath, including not informing faculty and students that Stachura allegedly threatened gun violence on campus, an independent investigation has found.

    The 20-page report by San Diego lawyer Nancy Aeling was released late Monday afternoon by the university, nearly a year after EdSource first reported on findings that Stachura had an inappropriate sexual relationship with a student and allegedly threatened to shoot two colleagues who cooperated in an investigation of the matter, and was later named the university’s Outstanding Professor of the 2020-21 school year.

    “The university acted consistently with policy by not notifying the Chico State community of Stachura’s alleged threats of violence,” Aeling wrote. Stachura, according to court testimony by his estranged wife, had told her of his intent to kill two professors who cooperated in the 2021 investigation that found he had an inappropriate relationship, which included sex in his office, with a student. Separately, a biology lecturer revealed — and later testified — that Stachura spoke to her about committing a shooting in the biology department.

    Aeling did not respond to a phone message left at her office on Monday.

    The report was also not critical of the university’s Campus Violence Consultation Team, which recommended that Stachura be allowed to return to campus after investigating the alleged threats against his colleagues and “did not find that he posed a threat of violence.”

    A member of that team, Chico State Police Chief Christopher Nicodemus, testified in a court proceeding earlier this year that he did not agree with the team’s findings.

    “There were concerns” about Stachura, Nicodemus said on the stand in a legal proceeding that resulted in a judge issuing a three-year workplace violence restraining order against Stachura that bars him from going on campus or near the people he threatened.

    Nicodemus said on the stand that he believed “it’s safer to err on the side of caution” when making a threat assessment. He added that it would have been better to have mistakenly fired Stachura than live with the aftermath of a violent event.

    Aeling wrote in the report that she did not consider “the appropriateness of Stachura’s actions or communications with his colleagues nor his colleagues’ responses to Stachura and his continued presence on campus, or the overall effectiveness of the procedures or policies in place to address the situation presented by (his) actions or communications.” Rather, the report was limited to “whether (the) responses were reasonable given the information available at the time and were consistent with the policies and procedures governing them.” The report makes no policy recommendations.

    A faculty union officer ripped the report Monday night.

    “It’s absolutely demoralizing and heartbreaking that no one has taken any accountability for what has happened,’’ Lindsay Briggs, a public health professor and a California Faculty Association Chico Campus Executive Board member, wrote in an email to EdSource.

    “This is why survivors of violence don’t speak out and why we don’t feel safe at our jobs; because we’re not. No one cares to do anything other than offer empty platitudes.” Eleven “months of hand wringing and we’re no better off than we were before,” she said. 

    Gordon Wolfe, a professor who turned over court records about Stachura’s alleged threat to kill witnesses, said in a phone interview Monday evening that he received an email from Chico State saying that Aeling wanted to interview him, but that “she never followed up.”

    Stachura remains on administrative leave as the university finishes an investigation of his alleged threat to kill witnesses in the sex case. He was recently ordered by a judge to pay more than $64,000 for the legal fees of a lecturer he unsuccessfully sued for libel. His lawyer did not respond to a request to comment on Aeling’s report.

    In a prepared statement that accompanied the report’s release, Chico State President Stephen Perez said, “I appreciate the thorough review and the opportunity to consider our practices moving forward.” 

    Without mentioning her by name, the report found that former Chico State President Gayle Hutchinson considered the sex case against Stachura as well as the alleged threats he made when approving “Stachura’s promotion to” full professor in 2021. Hutchinson found him “to be a highly productive citizen of the academy, with a strong record of teaching, service and research,” the report states.

    Hutchinson retired in June. She could not be immediately reached Monday night.





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  • College district investigating employees’ actions during union meetings on sexual violence case

    College district investigating employees’ actions during union meetings on sexual violence case


    Fresno City College on Dec. 5, 2023

    Credit: Lasherica Thornton/ EdSource

    The State Center Community College District announced late Friday that it is investigating allegations of “inappropriate behavior” by several unnamed employees who allegedly made several female employees “feel unsafe” during union meetings this month.

    The district received “several complaints” of alleged misconduct, a spokesperson, Jill Wagner, said in the statement. “We fully support survivors of violence and harassment, and we find this behavior, if confirmed, unacceptable, as it greatly impacts the faculty in our district and contributes to a toxic work environment.”

    Noting that the district “does not normally become involved in internal faculty union activities,” the statement adds that “these complaints warrant further investigation by the faculty union, especially as they impact” district employees.

    Multiple people familiar with the matter said the union meetings involved discussions about Fresno City College Academic Senate President Tom Boroujeni, whom the district placed on paid leave Nov. 30. The move came the day after EdSource reported that in 2020, a Fresno State University investigation determined that Boroujeni committed an “act of sexual violence” against a professor. The alleged victim also teaches part time at City College.

    The union met on the matter Dec. 1, with some members calling for the group’s leadership to be transparent about what it knew about Boroujeni. In an internal statement obtained by EdSource, union leadership had written, “In no way does the federation endorse or condone acts of harassment or violence in any circumstance.”  That statement, Laurie Taylor, an anthropology professor at Clovis Community College, told Edsource seemed “dismissive and placating,” adding “more could have been said.” 

    Keith Ford, president of the union, the State Center Federation of Teachers, did not immediately respond to a request for comment Friday. Nor did members of the union’s executive committee.

    The district’s Friday statement also called for the union to investigate the alleged misconduct. 

    Wagner did not respond to a request for an interview Friday with Chancellor Carole Goldsmith.

    The statement said that complaints brought to the district involve allegations of behavior that “greatly impacts the faculty.” 

    The day after the EdSource report on the Fresno State sexual violence, three female city college instructors abruptly canceled class, telling EdSource they felt unsafe on campus. The cancelations came as students were preparing for final exams and contributed to the district’s decision to place Boroujeni on paid leave. 

    The district’s action against Boroujeni, 38, of Clovis, a communication instructor also known as Farrokh Eizadiboroujeni and Tom Eizadi, was the subject of heated union discussions, according to people familiar with them. Some members defended Boroujeni, who is also being investigated over what he told EdSource were complaints of three women for what he defined as “gender discrimination.”

    In an interview with EdSource in October, Boroujeni identified one of the complainants as Cyndie Luna, dean of the college’s Fine, Performing and Communication Arts Division. Separately, Luna issued a letter of reprimand to Boroujeni last year that criticized him for incidents of unprofessional conduct which were “becoming more frequent and aggressive” and “causing me grave concern as your supervisor.” 

    Luna also wrote that in a conversation with her, Boroujeni referred to a colleague with an apparent racial slur and, in a “menacing and threatening” tone, said he “will get” the colleague for gossiping about him. 

    Boroujeni told EdSource that Luna fabricated the accusations in the letter. “She makes up a lot of things,” he said. Boroujeni also claimed to EdSource that the professor against whom Fresno State determined he committed “an act of sexual violence” fabricated the allegations against him. 

    He also complained that Luna was criticizing him for actions he took as academic senate president, a position in which he said he was immune from her oversight.

    At a SCCCD board of trustees meeting Tuesday in Fresno, the president of the academic senate at Clovis Community College said Ford had supported at a union meeting that Boroujeni was being punished.

    “Our union president helped to create and perpetuate a narrative that a specific harasser was being targeted by the administration because of his work on the academic senate,” Teresa Mendes, an English instructor, said at the meeting without mentioning Boroujeni by name. 

    “This was a false narrative,” Mendes said, “and I blatantly reject the characterization that those who participate in participatory governance are targeted or reprimanded for their work.”

    The “system has to be changed so that there is no safe harbor in (the district) for those who commit sexual assault and harassment,” she said, and no “safe harbor in our unions” for people who “harbor misogynistic and discriminatory thoughts against other faculty, staff and students.”

    Trustees and district officials did not respond to Mendes. Neither Boroujeni nor Ford was present in person at the meeting. It is unclear if either participated electronically. 

    Stetler Brown, an alumnus of the college district, ripped the district via Zoom on Tuesday. “The system is designed to protect educators that have been found (to have made) credible racist threats, misogyny and sexual violence,” he said.

    Without mentioning Boroujeni by name, Brown stated that tenure granted by SCCCD gives employees “a job as long as they desire.” Boroujeni received tenure this year. He told EdSource that district officials knew of the Fresno State sexual violence case when he was tenured. 

    ”Tuition and taxpayer dollars will protect predators, and that nobody will take responsibility for this individual’s tenure and promotion,” Brown said. “It is no wonder public support for higher education is waning. I hope that this serves as a call to the leadership of this district to make changes that protect survivors and show students that they stand for justice.”

    The district’s investigation of misconduct at the union meetings comes as the bargaining unit is choosing its leaders. Ford, a Fresno City College English instructor, is seeking another term as union president. He faces at least one challenger — Madera Community College business instructor Gina Vagnino, in an election scheduled for Jan. 16. It was not immediately clear Friday if there are other challengers.

    Vagnino confirmed she is a candidate but did not respond to multiple questions from EdSource about whether she is running specifically because of the disagreements within the union over the Boroujeni matter.

    The Fresno State investigation, based on the federal anti-discrimination law known as Title IX, determined that Boroujeni committed the act of sexual violence in 2015, when he was a graduate student and part-time instructor at Fresno State. The case wasn’t fully resolved until February, when the alleged victim reached a $53,300 settlement with the university after claiming it hadn’t done enough to protect her, university records show.

    Boroujeni was also a part-time instructor at Fresno City College while finishing a master’s degree at Fresno State in 2015, records show.

    He resigned from Fresno State last year while facing a second, unrelated misconduct allegation that was found to be unsubstantiated, records show. He agreed to never seek or accept work in the 23-campus system again. 

    Boroujeni was never disciplined in the sexual violence matter because he was a graduate student when the alleged violence occurred. But Fresno State officials told him that the investigative report on the matter was going to be placed in his personnel file last year when he was up for a performance evaluation. He said he resigned so that a three-person committee reviewing him could not have access to the document.

    Fresno State released a redacted copy of the report to EdSource under the state’s Public Records Act. “Given that Mr. Boroujeni remains active in the educational community and is teaching at a local community college, there is strong public interest in knowing that a college instructor has been previously found to have committed an act of sexual violence at another university,” the report stated.





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