Fired Linfield University professor wins more than $1
million in whistleblower suit against college
By
Maxine Bernstein, Oregonian
Updated:
Feb. 06, 2023, 8:34 a.m. Published: Feb. 06, 2023, 8:32 a.m.
Linfield University has agreed to
pay just over $1 million to settle a whistleblower suit filed
by tenured English professor Daniel Pollack-Pelzner, who accused the university
of firing him for speaking
out against alleged sexual harassment and discrimination by university board
trustees and the president.
The university will pay
Pollack-Pelzner a total of $1,037,500 to cover his lost wages, emotional
distress and attorney fees.
The university disputed
Pollack-Pelzner’s claims but agreed to the settlement, according to records
obtained by The Oregonian/OregonLive.
Pollack-Pelzner, who began teaching
at Linfield in 2010, had held an endowed chair in Shakespeare studies until he
was abruptly fired in late April 2021.
“Ultimately, we hope his case sends
a clear message that sexual harassment must not be tolerated on any campus and
that institutions that seek to silence whistleblowers will be held to account,”
said attorney Dana L. Sullivan, who represented Pollack-Pelzner.
Pollack-Pelzner, now a visiting
scholar at Portland State University, said he’s pleased with the outcome and
hopes it shows Linfield University and other universities that there’s “real
consequences” for firing a tenured faculty member without due process.
“Everyone should be able to work and
study without fear of discrimination or harassment, and everyone should be able
to report their safety concerns without fear of retaliation,” Pollack-Pelzner
said. “I’m grateful for the many students, alumni, and colleagues who joined me
in demanding change and refused to be silenced when Linfield failed to uphold
these essential principles.”
The university agreed to pay
Pollack-Pelzner $517,393.76 for non-economic damages, $85,000 for lost wages
and $435,106.24 for attorney fees.
Scott Nelson, Linfield University’s
associate vice president for strategic communications, said the university
“felt it preferable to resolve this situation and move on,” at the
recommendation of the university’s insurers.
Though the university does not admit
to any wrongdoing, “defending against litigation, even when confident in the
legal outcome, diverts time and energy from the mission of the institution,”
Nelson said, in an email.
“Most importantly, this agreement
allows Linfield University to focus on building and expanding upon its rich
educational heritage and creating a welcoming community for all.”
Pollack-Pelzner learned of his
firing on April 27, 2021, when his school-issued laptop suddenly froze during a
video conference and his university email account sent out a return message
that he was no longer employed at the school.
His suit alleged the school
attempted to “silence” him and fired him because he disclosed and discussed
allegations from students and faculty of sexual harassment, sexual assault and
religious discrimination. His termination touched off a national and international outcry from educational
organizations, as well as Linfield students, alumni and faculty.
Longtime Linfield trustee and
university donor Ronni Lacroute, who had endowed Pollack-Pelzner’s chair to
keep him at the private college in McMinnville, resigned in protest from
the board, saying she was appalled and could no longer serve in “good
conscience.”
As part of the settlement,
Pollack-Pelzner agreed to dismiss his lawsuit and any other complaints or
administrative actions challenging his termination or arising out of his past
relationship with the Linfield University’s board of trustees.
He also agreed not to file any
future claim against Linfield University, yet the settlement doesn’t prohibit
Pollack-Pelzner from pursuing or participating in an investigation done by the
Equal Employment Opportunity Commission or any similar state or federal agency.
Linfield University also agreed to
dismiss counterclaims and not pursue any future legal claims against
Pollack-Pelzner.
Pollack-Pelzner became a Linfield
faculty trustee in 2019 and repeatedly raised concerns about student and
faculty allegations of sexual harassment and inappropriate contact by board
trustees. He pressed university President Miles K. Davis and then-board chair
David Baca to institute sexual harassment training for all trustees and adopt
restrictions on use of alcohol during trustee events with students and faculty.
Longtime Linfield trustee and
university donor Ronni Lacroute, who had endowed Prof. Daniel Pollack-Pelzner’s
chair to keep him at the private college in McMinnville, resigned in protest
from the Linfield University board after Pollack-Pelzner's firing, saying she
was appalled and could no longer serve in “good conscience.”
David Jubb, a longtime member of the
university’s board, resigned as a board trustee in June 2019 after AnnaMarie
Motis, an undergraduate student trustee, said Jubb groped her in February of
that year.
Motis said Jubb grabbed her and pulled her body
to his as they waited in the lobby of the Michelbook Country Club after a
faculty-trustee dinner and then continued to touch her inappropriately at a
McMinnville bar afterward. Motis reported Jubb’s behavior to Baca and to the
college within a week and made a police report in March 2019, her lawyers said.
At the time of Jubb’s resignation,
Baca said it was “due to health concerns.” Yet months later, in December 2019,
Motis filed a civil suit against the university and publicly came forward,
accusing Jubb of groping her and urging a judge to order Linfield to take steps
to prevent and investigate sexual harassment. Motis reached
a settlement of her suit against the university for $500,000.
Jubb, Motis learned, had been
accused in 2018 by a graduate of sexually abusing her and two of her friends
after drinking too much at a bar following a senior achievement dinner on
campus in 2017. The Linfield graduate, who agreed to be identified by her
initials A.K., singled out Baca for criticism, saying the school’s general
counsel told her that Baca “gave his word that David Jubb would never have
contact with students again or be allowed at events that served alcohol.”
Jubb subsequently was charged in an
eight-count indictment that accused him of sexually abusing the four different
students in 2017 and 2019. He faced one felony count of first degree-sexual
abuse and seven misdemeanor counts of third-degree sexual abuse. He pleaded no
contest to two counts of harassment for groping two of the students. Jubb was
sentenced in October 2021 to 18 months of probation, ordered to undergo an
alcohol abuse assessment and complete 40 hours of community service.
The month before Jubb’s sentencing,
Baca stepped down as board chair after facing campus criticism for his
handling of sexual abuse allegations involving Jubb.
Another Linfield professor filed
complaints, alleging that Davis, the Linfield president, and another trustee,
Norm Nixon, had touched her inappropriately at school events. An outside
investigator found the professor’s allegations were “substantiated by a
preponderance of the evidence” but that the behavior didn’t violate university
policy. The university never investigated another student’s allegation of inappropriate touching in May 2019 by another
sitting trustee, David Haugeberg. Nelson in May 2021 said the
university had received a written statement “that purported to be from
an unnamed student” involving Haugeberg and that the university’s Title IX
coordinator read the letter, consulted with the general counsel and “determined
the statements would not have amounted to a violation of university policies.”
Pollack-Pelzner, who urged the
university’s board and board chair to address the complaints, was later
restricted from attending the board’s executive sessions. The university
claimed he had breached the sessions’ confidentiality provisions.
Pollack-Pelzner said Davis asked him
to withdraw a report to faculty in February 2020 expressing concern about
Linfield leadership’s handling of sexual misconduct allegations against
trustees, including Jubb. Davis, according to the suit, said Pollack-Pelzner’s
report “would destroy Linfield.”
Pollack-Pelzner said any information
he shared on alleged sexual misconduct by trustees came from material that
faculty, students or alumni shared with him, not from the board’s executive
sessions.
Pollack-Pelzner also had alleged that Davis made an antisemitic remark
about the “length of Jewish noses” in a 2018 meeting. The two had been
discussing Shakespeare’s “The Merchant of Venice” and its themes of prejudice
and intolerance.
Davis acknowledged in an interview
with The Oregonian/OregonLive that he had made a reference about Jewish noses
in the meeting, saying, “I might have well
said that from a physical characteristic perspective, you’d be hard-pressed to
tell the difference amongst Semitic people.”
He had denied making the comment
when questioned by an independent investigator hired by the university,
according to school records.
Davis and the school had defended
Pollack-Pelzner’s firing. In an interview, Davis said it wasn’t
Pollack-Pelzner’s role “to be the crusader,” that there were “appropriate
channels to go through.”
The afternoon that Pollack-Pelzner
was fired, then-Linfield Provost Susan Agre-Kippenhan sent a message to the university
community saying Linfield “took the extraordinary step of terminating the
employment of a member of our faculty for serious breaches of the individual’s
duty to the institution.” She wrote that the “goal of a safe, welcoming and
inclusive environment for all … cannot be achieved if individuals abuse their
positions of trust and take deliberate actions that harm the university.”
The university also released a
statement saying Pollack-Pelzner “deliberately circulated false statements
about the university, its employees and its board,” was insubordinate and
“interfered with the university’s administration of its responsibilities.”
Pollack-Pelzner’s firing prompted
the American Association of University Professors, a nonprofit group of faculty
and other academic professionals based in Washington, D.C., to censure the university
after finding Linfield fired
Pollack-Pelzner without due process and violated the school’s own
regulations on academic freedom. The association’s governing council said the
university didn’t hold a hearing before a selected group of faculty to provide
cause for the dismissal. The university had adopted the recommended national
standard that calls for such a hearing.
At the time, Nelson, Linfield
University’s spokesperson, said by email that the university strongly
disagreed with the censure.
In court records, Linfield’s
attorney acknowledged Pollack-Pelzner “was not provided a hearing before a
faculty committee at the time of termination” but argued that such a procedure
wasn’t required, alleging his “breaches of his obligations to Linfield excused”
the school “from any contractual obligation.”
Any harm to Pollack-Pelzner “was a
result of his own misconduct,” attorney Paula A. Barran wrote.
As a faculty trustee,
Pollack-Pelzner held a fiduciary position and “owed Linfield University a duty
of undivided loyalty, utmost good faith, full, fair, and frank disclosure and
fair dealing,” Barran and co-counsel Edwin A. Harnden wrote in response to the
suit. They accused him of making false, disparaging statements about trustees
and interfering with the university’s relationships with donors.
Davis, who signed the settlement,
Monday was out of the country in Jamaica, invited to attend a career expo
there. The Jamaica Observer newspaper featured a short blurb on the attendees,
which Davis shared on his Instagram. It called Davis an “authority on
entrepreneurship whose most recent work focuses on integrity, values and
principles in the business world.”
Pollack-Pelzner said he never
intended to pursue legal action until he was suddenly terminated.
He said he hopes the settlement
shows, “If you don’t follow your own policies, you’ll have high costs to bear.”
He said he also hopes it pushes
leaders at Linfield and other universities to seriously consider sexual
harassment claims by students, faculty and staff.
“After two years of hitting a brick
wall at Linfield University,” Pollack-Pelzner said he was heartened by the
outpouring of support from students and other colleges and organizations around
the world once he went public.
“When you speak up about a key
principle -- even if your own employer doesn’t recognize it -- there are other
people out there who will stand beside you,” he said.
-- Maxine Bernstein
Email mbernstein@oregonian.com;
503-221-8212
Follow on Twitter @maxoregonian
PHOTO:
University staff washed off these chalk messages students wrote in support of fired
English Prof. Daniel Pollack-Pelzner and threatened fines of $25 per day for
unapproved chalkings on the campus. "Silence is not a solution,'' one
message read.
PHOTO: Longtime Linfield
trustee and university donor Ronni Lacroute, who had endowed Prof. Daniel
Pollack-Pelzner’s chair to keep him at the private college in McMinnville,
resigned in protest from the Linfield University board after Pollack-Pelzner's
firing, saying she was appalled and could no longer serve in “good conscience.”
https://wildcatville.blogspot.com/2023/02/fired-linfield-university-professor.html
https://www.oregonlive.com/education/2023/02/fired-linfield-university-professor-wins-more-than-1-million-in-whistleblower-suit-against-college.html
::::
Linfield University agrees to pay fired professor more
than $1 million in whistleblower settlement
By
Meerah Powell (OPB-Oregon Public Broadcasting) Feb. 6, 2023 12:55 p.m.
Daniel
Pollack-Pelzner had sued the university nearly two years ago when he was fired
after airing allegations of sexual misconduct and antisemitism from Linfield
leaders
Nearly two years of litigation
between Linfield University and fired professor Daniel Pollack-Pelzner has come
to an end in the form of a more than $1 million settlement.
Pollack-Pelzner, a tenured professor
at the private university in McMinnville, was fired in April 2021 after he publicly shared allegations of sexual misconduct
from students and staff involving university board members, including the
Linfield president. Pollack-Pelzner, who is Jewish, also shared antisemitic
comments he said came from the president and other university leaders.
Linfield said at the time through a
statement that Pollack-Pelzner was fired “for serious breaches of the
individual’s duty to the institution.”
Pollack-Pelzner and his attorney
announced the settlement Monday morning.
“Everyone should be able to work and
study without fear of discrimination or harassment, and everyone should be able
to report their safety concerns without fear of retaliation,” Pollack-Pelzner
said in a statement. “I’m grateful for the many students, alumni, and
colleagues who joined me in demanding change and refused to be silenced when
Linfield failed to uphold these essential principles.”
Pollack-Pelzner is currently a
visiting scholar at Portland State University and scholar-in-residence at the
Portland Shakespeare Project.
The settlement was first reported by The
Oregonian/Oregonlive.
Along with some members of the
Linfield community, Pollack-Pelzner had also gotten public support from groups
such as the American Association of University Professors,
the Pacific Northwest Anti-Defamation League and the Oregon Board of Rabbis.
Linfield Associate Vice President
for Strategic Communications and Chief Marketing Officer Scott Nelson said
Monday in a statement that although the university was confident in the outcome
of litigation ending in its favor, defending itself against the lawsuit
“diverts time and energy from the mission of the institution.”
He continued: “We felt it preferable
to resolve this situation and move on.”
Nelson said the university’s
insurers recommended the settlement, and he said it’s unlikely to impact the
university’s finances moving forward.
“More importantly, this agreement
allows Linfield to focus on building and expanding upon its rich educational
heritage and creating a welcoming community for all,” Nelson said.
According to the settlement, sent to
OPB from Pollack-Pelzner’s attorney, the university has agreed to pay the
former professor $1,037,500. Pollack-Pelzner’s lawsuit through Multnomah County
Circuit Court and Linfield’s counterclaim will be dismissed with prejudice,
meaning they will not be able to file similar litigation again.
Pollack-Pelzner and Linfield have
agreed to not sue each other for any reason in the future, according to the
settlement agreement.
https://www.opb.org/article/2023/02/06/linfield-university-agrees-pay-fired-professor-one-million-whistelblower-settlement
::::
Linfield to pay ex-professor $1M in whistleblowing
lawsuit
by: Hailey Dunn, KOIN-TV Portland, Posted: Feb 6, 2023 /
10:58 AM PST Updated: Feb 6, 2023 /
10:58 AM PST
PORTLAND, Ore. (KOIN)
— Linfield University has agreed to pay $1 million to a former English
professor who accused the private McMinnville school of unlawfully firing him
for whistleblowing.
In July 2021, Dr. Daniel
Pollack-Pelzner filed a lawsuit claiming that the university unlawfully
terminated him for calling attention to reports made by students and faculty
alleging university trustees and the president of sexual harassment.
Linfield fired Pollack-Pelzner on
April 27 after he allegedly spread false statements about the university,
employees and the trustees, Pamplin Media Group first
reported.
Following an investigation into
Pollack-Pelzner’s termination, the American Association of University
Professors found Linfield had violated generally-accepted principles of
academic freedom. This finding led AAUP to add Linfield University to its
list of censured administrations.
According to the AAUP,
Pollack-Pelzner was “fulfilling his responsibilities as the faculty’s elected representative
to the board of trustees, and his speech and conduct were protected by
principles of academic freedom.”
The lawsuit claimed Pollack-Pelzner
“engaged in legally protected activity when he took Linfield trustees and
administrators to task for not adequately addressing campus safety issues.”
Multiple Linfield staff members
stepped down after Pollack-Pelzner was fired.
“Everyone should be able to work and
study without fear of discrimination or harassment, and everyone should be able
to report their safety concerns without fear of retaliation,” said Pollack
Pelzner. “I’m grateful for the many students, alumni, and colleagues who joined
me in demanding change and refused to be silenced when Linfield failed to
uphold these essential principles.”
Pollack-Pelzner has since joined
Portland State University as a visiting scholar and a scholar-in-residence at
the Portland Shakespeare Project.
https://www.koin.com/news/oregon/linfield-to-pay-ex-professor-1m-in-whistleblowing-lawsuit
::::
US university that fired teacher who reported
antisemitism settles with him for $1m
Linfield
University in Oregon ends lawsuit filed by English professor Daniel
Pollack-Pelzner, who said school’s president made antisemitic remarks
By
Andrew Lapin The Times of Israel 2/7/2023
JTA (Jewish Telegraphic Agenc) — A university in Oregon that fired a Jewish professor after
he reported several incidents, including purported antisemitic remarks made by
the school’s president, has settled with the professor.
Linfield University, a private
school in McMinnville, will pay $1 million to English professor Daniel
Pollack-Pelzner for his wrongful termination in 2021.
Pollack-Pelzner had accused the
school’s president, Miles K. Davis, of making antisemitic remarks in front of
him, including jokes about gas chambers and comments on the size of Jewish
noses.
He was fired shortly after he went
public with these and other accusations, including some regarding allegations
of sexual harassment directed at members of the school’s board of trustees.
After his termination,
Pollack-Pelzner, who was tenured, sued the school for $4 million. A report
on his firing last year by the American Association of University
Professors found that Linfield had violated Pollack-Pelzner’s academic
freedom and right to due process.
The settlement shields the
university from further legal action by Pollack-Pelzner, but does not prevent
him from talking about the case. A spokesperson for Pollack-Pelzner’s law firm
told the Jewish Telegraphic Agency the settlement does not include details
about any particular claims he made against the university, nor does it require
the school to apologize to him.
Several people affiliated with
Linfield left the university in solidarity with Pollack-Pelzner in the wake of
his firing, including the trustee who had endowed the professor’s
chair in the English department, and the director of the school’s vaunted
wine studies program.
Linfield is affiliated with American
Baptist Churches.
Pollack-Pelzner is currently a
visiting professor at Portland State University and scholar-in-residence at the
Portland Shakespeare Project.
Davis remains in his position as
Linfield’s president nearly three years after Pollack-Pelzner’s
firing, despite calls from the Anti-Defamation League, the Oregon
Board of Rabbis and other groups for his resignation.
https://www.timesofisrael.com/us-university-that-fired-teacher-who-reported-antisemitism-settles-with-him-for-1m/
