Reference no: EM132039766

Termination of Four Faculty Members Due to Sexual Harassment at Bethune-Cookman University

Early in 2009, in preparation to hire a new Vice President for Academic Affairs ("VPAA"), the University President, Dr. Trudie Kibbe-Reed, retained a human resources consultant to conduct university-wide interviews to obtain faculty input on the selection of the new VPAA.

During the interview process, the consultant informed Dr. Reed that many faculty members confided to him that there was a major problem with the sexual harassment of students in the School of Social Sciences. The University responded by conducting interviews with approximately 20 faculty members.

Statements in some of these interviews implicated four faculty members in the School of Social Sciences: Professor #1 and three faculty members - Professor #2, Professor #3 and Professor #4 (collectively referred to as the "four professors"). The faculty interviews further alleged that:

• The four professors had publicly identified themselves as the "Nigerian Mafia" (several faculty members remembered the four professors joking about this in a faculty meeting and at other public functions);

• The four professors had an off-campus apartment where they took female students to have sex; one or more of the four professors would take nude photos of the female students at the apartment and threaten to release the photos on Facebook if the students revealed their improper actions to the University's administration;

• A faculty member in the School of Social Sciences, who reported a student's complaint that Professor #3 had attempted to rape her at the referenced off-campus apartment, was called to testify at a hearing, conducted by the University's former administration. The complainant was not advised of the outcome of the hearing.

The Social Sciences faculty members further revealed that there was an aura of intimidation by the four professors. The faculty members told the investigators that they were afraid to speak further about the situation in the School of Social Sciences for fear of retaliation.

The faculty member who reported the alleged rape, and was called as a witness at the University hearing, stated that she did in fact suffer retaliation because she was not given adequate courses to maintain a full load and was intimidated from seeking opportunities for promotion. In addition to the above faculty interviews:

• A Social Sciences student confided in her Philosophy professor that Professor #2 had continued to harass her sexually. She stated that this incident occurred in her classes with him in front of the other students as well as at clubs where Professor #2 would grab at her and ask her to go with him.

The student also alleged that Professor #2 had asked her for sex and offered her an "A" in exchange for sex. The student felt so intimidated and harassed that she left B-CU and planned not to return. Upon speaking to her mother, she decided to return to B-CU and confront the sexual harassment.

• The Daytona Beach Police Department was called in by Dr. Reed to interview the above student. Based on her allegations, the Police Department suggested using a wire to record the conversations of Professor #2 when he next approached the student. Dr. Reed called the student's mother for her approval, and she agreed.

A date was set for the police wire of the student but before the launch, the student informed the police that Professor #2 found out their plan from another female student who said she was having sex with Professor #1 and did not see anything wrong with having sex with the professors. Due to a concern for the student's safety and Professor #2's verbal insults the prior evening letting the student know that he was aware of the police's plan, the police cancelled their plans.

• Another Social Sciences' student sent an email to Dr. Reed expressing concerns, including: "...I am concerned about the complaints about the professor in our department/school who is having inappropriate relations with students. I would like to know what is going to be done about it and about the other professors/instructors who are exhibiting this type or other types of behavior that are harmful to the learning of our students.

Many students are skeptical to come forward with their complaints because they feel that it will affect their grades or hinder their matriculation. But I have heard enough about this particular professor and others who are not doing their jobs and hurting students."

• The University's Vice President for Assessment conducted a survey of the students in the School of Social Sciences. The survey revealed that the students felt there was a problem with sexual harassment in their School and the written comments made general references to allegations of sexual harassment and specific reference to Professor #2.

• The Director of Human Resources reviewed the personnel file on Professor #2 and reported that a female student had filed a claim of sexual harassment against Professor #2 in 2005. This student's allegations are consistent with the types of unwarranted sexual advances and conduct alleged by the above-referenced Social Sciences student.

• Based on the comments in a senior exit survey, which alleged sexual misconduct by the four professors, Dr. Hiram Powell, the Associate Vice President for Academic Affairs conducted interviews with each professor.

Dr. Powell stated that the survey identified them as participating in the sexual harassment of students. Each denied the allegations although Professor #4 admitted that he would invite the top student in his class (which he admitted was always a female student) for dinner at the apartment. Professor #4 was asked if he invited anyone else to attend the dinner and he said no. Dr. Powell advised the four professors that they should discontinue the practice of inviting female students to their apartment without a female faculty member in attendance.

In total, seven women students, the targets of sexual harassment, revealed that various of the four professors pressured them to trade sex for grades. One of the seven women students reported receiving sexually explicit text messages and an email with depictions of sexual photographs from Professor #2. This same student also reported being accosted by him at an off-campus venue. Another reported demeaning, sexually explicit jokes told during class.

• Based on the above, the University suspended the four professors in May 2009, pending a review.

• Upon review of all relevant data and evidence, the University's outside counsel recommended that the University terminate the four professors based on the allegations of sexual harassment and their violation of the University's Mission Statement, Statement of Academic Integrity and the Faculty Contract. The four professors were informed of their termination shortly thereafter and they appealed this decision.

In response to the appeal, the Administrative Review Committee, composed of three tenured faculty members who were not affiliated with the School of Social Sciences (the Chair of the Committee is the current President of the Faculty Senate), reviewed the evidence presented by the University and also conducted interviews, including the four professors.

The Committee upheld the University's decision to terminate the four professors based on allegations of sexual harassment. The Review Committee members were selected by President Reed, and their integrity has not been questioned.

Question: Identify and explain four (4) recommendations to the university.